Rajasthan Jaipur Court September 2010 Judgments
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United India Insurance Co Ltd. Vs. Smt Choti Devi and ors.
Court: Rajasthan Jaipur
Decided on: Sep-29-2010
1. Aggrieved by the order dated 08.06.2010, passed by the Workman Compensation Commissioner, Sikar, whereby the learned Commissioner has awarded a compensation of Rs.3,36,000/- to the claimants, the appellant-Insurance Company has approached this Court.2. The brief facts of the case are that the claimant-respondent Nos.1 to 4 had filed a claim petition under the Workman Compensation Act, 1923 (presently called The Employees Compensation Act, 1923) (for short the Act) before the learned Commissioner. According to the claimants, Kailash Chand was the husband of respondent No.1, Smt. Chhoti Devi and he was a driver of Auto Taxi No. RJ-23-P-A-0449. While he was driving the said Taxi, on 20.10.2006 the taxi turned turtle. Consequently, Kailash Chand died on the spot. At the time of his death, Kailash Chand was twenty years old and was earning Rs.4,000/- per month. The Taxi was insured with the appellant-Insurance Company.3. The Insurances Company filed its reply and specifically raised the ...
Mahesh Chand and anr. Vs. Smt Rito and ors.
Court: Rajasthan Jaipur
Decided on: Sep-27-2010
1. Aggrieved by the award dated 07.04.2010, passed by the learned Motor Accident Claim Tribunal, District Dausa, (for short, 'the learned Tribunal') whereby the learned Tribunal has awarded a compensation of Rs.4,52,000/- to the claimants-respondents, the appellants, who are the owner and the driver of the offending vehicle, have approached this Court.2. The brief facts of the case are that on 12.12.2006, around 2:00 PM, Mukesh & Lakhan Jatav were going to their village Kamapura on their Motorcycle, bearing registration No. RJ-05-2M- 8381. While they were travelling on the National HighWay No.11, near Teliwari Border, allegedly they met with an accident with a Tanker, bearing registration No. RJ-29-G-1026. Resultantly, while Mukesh died on the spot, Lakhan received injuries. Since the claimants had lost their sole bread earner, they filed a claim petition before the learned Tribunal. 3. The appellants filed their written statements wherein they specifically pleaded that the accident di...
Sushil Kumar Yadav. Vs. State and ors.
Court: Rajasthan Jaipur
Decided on: Sep-24-2010
1. Instant petition is directed against order dt.20/08/207 (Ann.3) whereby petitioner was held guilty of misconduct upon conclusion of inquiry initiated U/r 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 ("CCA Rules") and was consequently inflicted with penalty of stoppage of two annual grade increments with cumulative effect. Petitioner initially joined service on having become a member of Rajasthan Commercial Taxes Service & appointed as Assistant Commercial Tax Officer in the year 1978 and promoted as Commercial Taxes Officer & Assistant Commissioner respectively in the years 1992 & 1996; and posted as Assistant Commissioner (Special Circle) Alwar on 26/11/1997. At that time, as an Assessing authority, an assessment was made by petitioner while exercising quasi judicial powers in respect of M/s RC Oil Industries ("the Firm") for assessment year 1995-96 vide order dt. 23/03/1998 taking note of exemption certificate granted to the Firm w.e.f. 13/10/1993 ...
Mohammed Yunus Khan. Vs. the State of Rajasthan.
Court: Rajasthan Jaipur
Decided on: Sep-08-2010
1. The petitioner has prayed to quash and set aside the order dated 21.07.2010 passed by the learned Sessions Judge, Ajmer in Criminal Revision Petition No.218/2010 and that of the learned Civil Judge (Junior Division) and Judicial Magistrate, First Class, Ajmer city (West) Ajmer in Criminal Case No.11/2009 (State v. Amar Singh and others) and to allow the application moved by the petitioner on 9.6.2010 before the trial court to permit him to go for Haj Pilgrimage on usual terms and conditions which may be deemed just and proper. 2. Briefly stated, the facts for the disposal of the present petition are that the petitioner is facing trial before the learned trial court for the offence under section 411 IPC. On 29.6.2010, an application was moved by him stating, inter-alia, therein that the petitioner has never absented during the course of trial and he being muslim by religion, wants to go on Haj pilgrimage, therefore, the court's permission for issuance of pass-port is required. The le...
Jagdish Prasad. Vs. the Civil Judge (S D ) and ors.
Court: Rajasthan Jaipur
Decided on: Sep-07-2010
1. Aggrieved by the order dated 12.04.2010, passed by the Civil Judge (Sr. Division), Neem-Ka-Thana, District Sikar, whereby the learned Civil Judge has dismissed the petitioner's application for cross-examination of the defendant No.1. (the respondent No.2, before this Court), the petitioner has challenged the same before this Court. The brief facts of the case are that the petitioner had filed a civil suit wherein the petitioner had alleged that on a land measuring 63' 6 X 46' 6, upon which the petitioner had constructed a house, there existed a corner which was the joint property between the petitioner and the defendants-respondents Nos.2 to 5. About forty years ago the piece of land was divided between the petitioner and the respondents. 2. Certain portion of the land fell in the petitioner's share. However, the respondent Nos.2 to 5 wanted to encroach upon the land and wanted to break the platform (Chabutra) and the construction made thereon. Therefore, the petitioner filed a civi...
Gopal Singh. Vs. Civil Judge and ors.
Court: Rajasthan Jaipur
Decided on: Sep-06-2010
1. The petitioner is Aggrieved by the order dated 20.04.2010, passed by the Civil Judge (Junior Division), Bijaynagar, District Ajmer, whereby the learned civil Judge had dismissed the petitioner's application filed under Section 13(3)(4) of Rajasthan Premises (Control of Rent and Eviction), Act 1950 ('the Act', for short) read with Section 5 of the Limitation Act for extension of time, and had allowed the application filed by the plaintiff-non-petitioners under Section 13 Sub-section 5 of the Act and had struck off the defence of the petitioner. The petitioner is also aggrieved by the order dated 12.07.2010, passed by the Additional District and Session Judge, Beawar, whereby the learned Judge has dismissed the appeal filed by the petitioner and has confirmed the order dated 20.04.2010.2. The brief facts of the case are that the non-petitioner No.3, Mool Chand, had filed a civil suit for eviction against the petitioner under the Act on three grounds : firstly, the petitioner had defau...
Pratap Singh. Vs. State of Rajasthan.
Court: Rajasthan Jaipur
Decided on: Sep-03-2010
1. By way of this appeal, the appellant Pratap Singh S/o Govind Singh, has assailed the impugned judgment and order of conviction & sentence dated 20.12.2003 passed by learned Additional Sessions Judge (Fast Track), Kishangarh-Bas (Alwar) in Sessions Case no.233/2001 (82/97) whereby he was convicted and sentenced as under: Under Section 302 IPC:Life imprisonment with a fine of Rs.50,000/- in default whereof to further undergo 7 months' Simple imprisonment.Under Section 201 IPC:4 years' Rigorous imprisonment With a fine of Rs.5000/- and for default thereof to further undergo 3 months' Simple imprisonment.Under Section 394 IPC:10 years' Rigorous imprisonment with a fine of Rs.5000/- in default whereof to further undergo 3 months' Simple imprisonment.2. Facts as unfolded by the prosecution are that on 10.6.1995 at about 7.00 am, a male dead body was found lying in ditch in jhund of poolies near village Kasopur, situated on one side of village Budhi-Bawal-Bhonkar near Kotkasim (District Al...
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