Rajasthan Court September 1984 Judgments
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Chittorgarh Prathmik Sahkari Bhumi Vikas Bank Ltd. Vs. Prescribed Auth ...
Court: Rajasthan
Decided on: Sep-12-1984
Reported in: 1984WLN(UC)235
S.K. Mal Lodha, J.1. The petitioner has filed this writ this writ petition under Arts. 226 and 227 of the constitution for quashing the order Anx-19 dated October 24 1983 of the prescribed Authority, Bhilwara and Under the Rajasthan shops and commercial Establishments Act (for short the prescribed authority ') and for dismissing the claim of non petitioner No. 2 filed vide application Anx. 1 dated January 17, 19822. Non petitioner No. 2 Amarsingh led an application under Section 28A of the Rajasthan shops and commercial Establishment Act 1958 (Article No. xxxi of 1958) (for short 'the Act ') before the prescribed Authority (non-petitioner No. 1) on august 27, 1982. It was amongst other alleged that the petitioner cooperative bank in a shop and commercial establishment covered and governed by the Act. It was stated that non-petitioner No. 1 was first a pointed as a lower division clerk vide letter dated April 11 1981, along with other persons. His employment was terminated on December 2...
Automobiles Co-operative Workshop Ltd. Vs. Sukh Singh
Court: Rajasthan
Decided on: Sep-10-1984
Reported in: 1984WLN(UC)293
M.C. Jain, J.1. Heard learned Counsel ,for the petitioner, and perused the impugned order of the Labour Court, dated July 23, 1984.2. An objection as to jurisdiction was raised before the Labour Court on the ground that reference is not maintainable and only the Registrar, Cooperative Societies has jurisdiction in the matter under Section 75 of the Co-operative Societies Act, 1965 (hereinafter referred to as 'the Act'). The learned Labour Court considered the question of jurisdiction and rejected the application of the present petitioner rtlying on S.B. Decision of this Court in Bhilwara Sahkari Upbhokta Wholesale Bhanddr Ltd. and Anr. v. Prescribes Authotity and Anr. 1982 WLN 478.3. Mr. M.D. Calla, learned Counsel for the petitioner, submitted that having regard to the nature of the reference it cannot be said that the civil court has no jurisdiction. The reference has been made to the effect that whether the termination of the services of non-petitioner No. 1 Sukh Singh Geblot, was p...
Nanu Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-10-1984
Reported in: 1984WLN(UC)511
S.S. Byas, J.1. By his judgment dated March 31, 1980, the learned Sessions Judge, Churu convicted and sentenced the two appellants as under:S. No. Name of accused under Section Sentence awarded1. Nanu Ram 302/34, I.P.C. Imprisonment for life with a fine of Rs. 250/-, in default of the payment of fine to undergo three months further rigorous imprisonment, 307/34, I.P.C. Four year's rigorous imprisonment with a fine of Rs. 150/- in default of the payment of fine, to further undergo two months' R.I. 325/34, I.P.C. One year's rigorous imprisonment with a fine of Rs. 100/-, in default of the payment of fine to further undergo one month's rigorous imprisonment. 323, I.P.C. Six month's rigorous imprisonment. 447, I.P.C. Three month's rigorous imprisonment.2. Kana Ram 302/34, I.P.C. Imprisonment for life with a fine of Rs. 250/-, in default of the payment of fine to further undergo three month's rigorous imprisonment. 307/34, I.P.C. Four year's rigorous imprisonment with a fine of Rs...
Durgadevi and ors. Vs. Shivkumar and ors.
Court: Rajasthan
Decided on: Sep-09-1984
Reported in: 1985(1)WLN459
G.M. Lodha, J.1. This appeal relates to an accident that took place on 23rd, Nov. 1956 at 9.00 a.m. in the City of Jaipur when Car No. RJL 1777 struck the Cyclist Gyarsilal. Before the cyclist could remove himself from the accident site, the Bus No. RJL 9231 coming from the other side took him under it's body. Ultimately Gyarsilal died with the injuries in this accident. The tribunal has allowed compensation of Rs. 36,000/- against Gurendra Gupta who was ultimately found to be the owner of the Car but dismissed the claim against all others. The Car earlier belonged to Dr. Jainath and it was insured with one New India Assurance Company. The bus belonged to M/s Central Transport Service which was owned by M/s Kamal & Company, and insured with the New Great insurance Company of India.2. The Car changed it's ownership and on account of that on the date of the accident Gurendra Gupta was the owner and therefore, the tribunal found that Insurance Company cannot be held liable. So far as the ...
Devi Ram Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Sep-05-1984
Reported in: 1984WLN(UC)308
P.K. Banerjee, J.1. This rule is directed against an order of removal passed by the authorities concerned against the petitioner.2. The petitioner was appointed as Mate If in the Ministry of Agriculture Government of India, at the Central State Farm, Suratgarh. The petitioner was placed under suspension pending inquiry on February 3, 1969 by the Director of the Central State Farm, Suratgarh. An inquiry was held under Rule 14 of the Centre Civil Services (Classification, Coatiol and Appeal) Rules, 1965 on the charges enumerated in the charge-sheet. The petitioner replied to the charge-sheet, An inquiry officer was appointed for holding the inquiry. No inquiry was held from December 29, 1969 upto May 27, 1971. There was change of inquiry officer during the inquiry proceedings. On September 18, 1971 the newly appointed inquiry officer told the petitioner that since Shri C.L Sharma, the representative appointed by the petitioner was on leave preparatory to retirement, therefore, he must ap...
New India Assurance Company Vs. Deen Dayal
Court: Rajasthan
Decided on: Sep-05-1984
Reported in: 2(1985)ACC418
G.M. Lodha, J.1. In this appeal the only point argued by Mr. Bhargava, the learned Counsel for New India Assurance Company against the award on the Motor Accident claims Tribunal, Alwar dated 31st January, 1977 in case No. 74/1972 is that Dharam Singh driver of the truck No. RSM 591 was not holding only licence at the time of accident. Mr. Bhargava pointed out that according to the conditions of insurance policy, no liability can be against insured if the vehicle is driven by a person who is not holding a valid driving licence.2. The relevant evidence was read before me. It was not disputed that the burden of proving that Dharam Singh had no valid driving licence was on the appellant lasurance Company. It was also not disputed that there is not iota of evidence led by Insurance Company to discharge this burden and to prove that Dharam singh had no valid driving licence.3. The contention of Mr. Bhargava is that the positive evidence to prove that Dharam Singh had driving licence, is not...
Rajasthan Legislative Assembly Secretariat Officers' Association and O ...
Court: Rajasthan
Decided on: Sep-04-1984
Reported in: 1985(1)WLN129
N.M. Kasliwal, J.1. This special appeal is directed against the order of the learned Single Judge dated January 25, 1984, dismissing the writ petition No. 2037/82.2. The petitioners Rajasthan Legislative Assembly Secretariat Officers Association (here in after referred to as 'the Officer's Association') and Shri B. Goswami, Deputy Secretary. Committee and Administration, Rajasthan Legislative Assembly Jaipur, filed a writ petition claiming the following reliefs:It is, therefore, humbly prayed:(i) that the appointment of respondent No. 5 on the post of Secretary, Rajasthan Legislative Assembly by order dated 6-2-81 may be quashed and he may further be restrained forthwith from functioning as Secretary of the Rajasthan Legislative Assembly;(ii) that respondent No. 5 has no legal authority to hold the post of Assembly Secretary and he is merely usurper of the office and by a writ of quo warranto he may be removed from the office;(iii) that by a suitable writ, order or direction, the respo...
Rajasthan State Road Transport Corporation Vs. Shanti Upmannu and ors.
Court: Rajasthan
Decided on: Sep-04-1984
Reported in: 2(1985)ACC109
Guman Mal Lodha, J.1. The Corporation has filed this appeal against the award of the Accidents Claims Tribunal. On 17-6-1978 Harishanker was going from Tonk on his motor Cycle R.R.L. 1579 to Jaipur and it is alleged that when he reached Baroni Police Station, the Bus of the appellant bearing No. R.S.R.G. 1892 of which respondent No. 5 was the Driver come from the side of Jaipur, driven in a rash and negligent manner and after coming to its wrong side hit the deceased's vehicle as a result of which, he later died. It was in those circumstances that the respondents Nos. 1 to 4 as claimants of the deceased filed a claim Under Section 110A of the Motor Vehicles Act for a sum of Rs. 1,58,492.39 in the Court of Motor Accidents Claims Tribunal, Tonk. It was alleged that deceased at the time of his death was 51 years of age and was an employee of the Central Government and was on deputation with the public works Department of Rajasthan at the relevant time and was posted as Divisional Accounta...
New India Assurance Co., Alwar and anr. Vs. Ram Dayal and ors.
Court: Rajasthan
Decided on: Sep-03-1984
Reported in: AIR1986Raj18; 1985(1)WLN461
Guman Mal Lodha, J.1. This appeal has been filed by the New India Assurance Company, Branch Office, Alwar, the insurer and Madan Lal Saini, the owner of the vehicle, truck No. RJA 5088 involved in an accident which took place on 9th March, 1979 near Station Road, Alwar, by which Dhanniram, the deceased, aged 18 years, was knocked down. Nasru Khan, the respondent No. 3, was the driver of the truck. Dhanniram died on account of the injuries sustained during the accident and the Tribunal has found that the driver was driving the truck rashly and negligently, on account of which the accident took place.2. Before the Tribunal, after the evidence was recorded, the Tribunal awarded an amount of Rs. 21,000/- to the claimants, namely, Ramdayal father and Smt. Umrawati, mother of Dhanniram deceased.3. Before this Court, in this appeal, cross-objection has also been filed by the father and mother of the deceased who are aggrieved by the compensation awarded in their favour as according to them, i...
Jetha Ram and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-03-1984
Reported in: 1984WLN580
D.P. Gupta, J.1. In this writ petition, the submission of the learned Counsel for the petitioner is that the notification dated September 18, 1976 altering the limits of the Municipal Board Nokha was passed without giving the petitioners an opportunity of hearing and therefore, the said notification was issued contrary to the principle of natural justice.2. The State Government issued a notification on March 14, 1967 (Annexure 2) Under Sub-section (1) of Section 6 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act') proposing to alter the limits of the Municipal Board, Nokha by including therein some lands earlier situated within the areas of villages Jorahapur, Mohanpura Bas of Gram Panchayat Bikaner The aforesaid notification which was published in the Rajasthan State Gazette dated July 13, 1967 invited all persons who had any, objection to the propsals contained in the aforesaid notification dated March 14, 1967 to submit their objections in writing to th...
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