Rajasthan Court February 1989 Judgments
Bhanwar Lal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-28-1989
Reported in: 1989WLN(UC)269
S.S. Byas, J.1 The appeal is directed against the judgment of the learned Sessions Judge, Ajmer dated August 19, 1985 convicting the nine appellants viz. (1) Bhanwar Lal, (2) Poosa, (3) Rang Lal, (4) Rameshwar, (5) Ridh Karan, (6) Mohan, (7) Dev Karan, (8) Nanda and (9) Hagama under Sections 302/149 and 147 IPC and sentencing each of them to imprisonment for life with a tine of Rs. 1,000/-, on the first count and one year's rigorous imprisonment under the second count.2. Succinctly stated, the prosecution case is as follows: The appellant except Hagama are residents of village Moojhuolav, Police Station Kishangarh District Ajmer. The deceased victim Har Chand was the brother of PW 2 Har Karan and father of PW 3 Sheodan. They are also residents of the same village. Relations between the members of the accused party and the members of the complainant party headed by the deceased Har Chand, had sunk low deep. Two or three days before 25-8-1984 an incident of 'Marpeet' took place between t...
Tag this Judgment!Oriental Fire and General Insurance Co. Ltd. Vs. Champalal and ors.
Court: Rajasthan
Decided on: Feb-27-1989
Reported in: 1990ACJ296; [1991]71CompCas598(Raj)
A.K. Mathur, J. 1. This appeal is directed against the judgment and award given by the judge, Motor Accidents Claims Tribunal, Jodhpur, dated February 26, 1983.2. The brief facts giving rise to this appeal are that an accident took place on February 3, 1976, between car bearing No. RSQ 8234 and bus No. 3375 at 3.30 p.m. near Nehru Park, Jodhpur. As a result of this accident, the car was damaged and the claimants, Champalal, owner of the car, and Ram Kishore, driver of the car, were injured. Therefore, a claim was filed by both the claimants before the Motor Accidents Claims Tribunal, Jodhpur (hereinafter called 'the Tribunal'), for damages to the car as well as for personal injuries and mental agony.3. The claim was contested by the non-claimants, namely, owner of the bus, Vijay Kishan, and driver of the vehicle, Govind Ram. The claim was also contested by Nehru Motors Transport Co-operative Society Ltd., Siwanchi Gate, Jodhpur (hereinafter referred to thesociety), as well as the Orien...
Tag this Judgment!Dharam Pal Vs. Smt. Kaushalya Devi
Court: Rajasthan
Decided on: Feb-27-1989
Reported in: AIR1990Raj135; 1990(1)WLN225
Navin Chandra Sharma, J. 1. This is a second appeal by the plaintiff Dharmpal against the decree of the Additional District Judge. Ganganagar, dated October 18. 1977 upholding the decree of Civil Judge. Ganganagar dated May 29. 1974 dismissing his suit for pre-emption.2. Facts leading to the filing of this second appeal are that on October 12. 1972 plaintiff Dharampal insituted Civil Original Suit No. 24 of 1972 against the defendant-respondents with the averments that the plaintiff owned and possessed an 'ahata' (compound) No. 35 in Block 'B' measuring 72 1/2 x 50' in Gajsinghpur Mandi. Tehsil Padampur District Ganganagar. Adjoining the 'ahata' of the plaintiff there was another 'ahata' No. 36 in 'B' Block which belonged to Veerbhan. Veerbhan bequeathed 'ahata' No. 36 to Smt. Satyawati wife of Gopichand who is defendant No. 2 in the suit. According to the plaintiff there is a joint wall between 'ahata' No. 35 of the plaintiff and 'ahata' No. 36 of the defendant No. 2. This joint wall ...
Tag this Judgment!Chhutan Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-27-1989
Reported in: [1990(60)FLR213]; (1994)IIILLJ925Raj
D.L. Mehta and S.S. Byas, JJ.1. In this writ petition, the petitioner has challenged the termination of his services made by respondent No. 2. His case is that he was employed as Class IV employee in Government Primary School, Pathana, District Bharat'pur, on March 26, 1985. Later on his services were terminated on July 6, 1987. It is contended that the Panchayat Samiti, is an industry and the petitioner is a workman as defined in the Industrial Disputes Act, 1947. Since his services were terminated without making compliance of Section 25F of the Industrial Disputes Act, the termination of service of the petitioner is illegal. In the reply submitted, it was contended that the petitioner is a part time employee and as such the writ petition is not maintainable. It was also contented that the services of the petitioner were terminated in July 1987, and the writ petition was filed in April, 1988. This delay has not been explained and the petitioner is not entitled for any relief.2. We hav...
Tag this Judgment!Shanti Devi and ors. Vs. Rajendra Singh and anr.
Court: Rajasthan
Decided on: Feb-27-1989
Reported in: 1991ACJ902
N.M. Kasliwal, J.1. Both these appeals are disposed of by one single order as they arise out of the same judgment given by learned Motor Accidents Claims Tribunal, Jaipur, dated July 28, 1986.2. I have heard Mr. K.K Sharma for the claimants-appellants, Mr. S.C. Srivastava for the New India Assurance Co. Ltd. and Mr. G.C. Mathur for Rajendra Singh, owner of the truck in question. In an accident dated October 17, 1981, Sarvan Kumar and Arti died. Shanti Devi widow of Sarvan Kumar, Arvind Kumar son of Sarvan Kumar and Archana daughter of Sarvan Kumar, filed the claim petition. The claim petition was also filed by the above claimants for the death of Arti in the above accident. Both the claim petitions were consolidated and the claimants have been allowed the amount of Rs. 3,80,000/-by way of compensation for the death of Sarvan Kumar and Rs. 20,000/- for the death of Arti along with the interest at the rate of 12 per cent per annum from April 9,1982, the date of filing the claim petition....
Tag this Judgment!Chhotey Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-27-1989
Reported in: 1989WLN(UC)310
Farooq Hasan, J.1. This appeal from Jail by Chhoteylal springs from his conviction under Section 20(b)(ii) of the Narcotic Drugs & Psychotropic Substances Act, 1985, (for short, 'the Act') and sentence of 10 years' rigorous imprisonment with a fine of one lac (in default, further one year's RI) for having illegal possession of 'charas' (cannobis) weighing 27 grams with a small sack, passed vide judgment dated 13-6-1988 by the Additional Sessions Judge No. 2, Ajmer.2. Factual matrixOn 4-3-1987 at 7 p.m. having received a secret information that near 'Chhoti Daig (cauldron a large boiling vessel) placed in 'Daragah Sharif' mosque, at Ajmer) one Chhoteylal had been selling 'charas' having a small black coloured attach in his hand, Astali Khan (Sub-Inspector, Police) along with Kanaram (Assistant Sub-Inspector) Nandkishore (LC No. 1082) Suresh Chand (LC No. 255) and Sajjan Singh (LC No. 1145) proceeded from 'Buland Darwaja' towards small cauldron inside Dargah near thereby they found one p...
Tag this Judgment!Rajendra Singh Vs. Smt. Shanta Devi and ors.
Court: Rajasthan
Decided on: Feb-27-1989
Reported in: II(1991)ACC707
N.M. Kasliwal, J.1. Both these appeals are disposed of by one single order as they arise out of the same judgment given by learned Motor Accident Claims Tribunal, Jaipur dated July 28,1986.2. I have heard Mr. K.K. Sharma for the claimant appellant. Mr. Srivastava, for the New India Assurance Company Limited and Mr. G.D. Mathur for Rajendra Singh owner of the truck in question. In an accident dated. October 17, 1981, Sarvan Kumar and Arti died. Smt Shanti Devi widow of Sarvan Kumar Arvind Kumar S/o. Sarvan Kumar and Kumari Archana daughter of Sarvan filed the claim petition. The claim petition was also filed by the above claimants for the death of Arti in the above accident. Both the claim petitions were consolidated and the claimants have been allowed the amount of Rs. 3,80,000/- by way of compensation for the death of Sarvan Kumar and Rs. 20,000/-for the date of Arti alongwith the interest at the rate of 12% per annum from April 9, 1982, the death of filing the claim petition. The lia...
Tag this Judgment!Fateh Singh Mehta Vs. O.P. Singhal and ors.
Court: Rajasthan
Decided on: Feb-24-1989
Reported in: AIR1990Raj8; 1989WLN(UC)522
ORDERNavin Chandra Sharma, J.1. This is a review petition filed by Shri Fateh Singh Mehta under Order 47, Rule 1 C.P.C. seeking review of this Court's order dt. Feb. 16, 1987 passed in Civil Miscelleneous Appeal No. 9 of 1984 against the order-of District Judge, Jodhpur dt. Oct. 28, 1983 whereby this Court dismissed the appeal of Shri Fateh Singh Mehta and affirmed the temporary injunction granted by the District Judge against Shri Mehta and University of Jodhpur. 2. Facts leading to the filing of this review petition are that on July 31, 1982 Shri Om Prakash Singhal instituted Civil Suit No. 119 of 1982 against the University of Jodhpur. Shri Fateh Singh Mehta and Shri Murari Lal Mathur with the allegations that the plaintiff had obtained a degree in Master of Engineering (Mechanical) during the academic session, 1979-80 from the University of Jodhpur. In order to obtain that degree, a student apart from appearing in written examination and viva voce, has to submit a thesis on a selec...
Tag this Judgment!Narayan and 4 ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-22-1989
Reported in: 1989WLN(UC)118
G.K. Sharma, J.1. This appeal is directed against the judgment date 1-3-85 passed by, Sessions Judge. Tonk where by convicting the appellants for the offences and sentences them as under:1. Under Section 148, IPC : One years RI and a fine of Rs. 200/- in default of fine 2 months S.I.2. Under Section 307/149, IPC : Three years R.I. and a fine of Rs. 200/-, in default of fine, two months S.I.2. According to the prosecution story, Mohandas and others were digging a 'Babool' tree in the agricultural field where the accused persons arrived with Lathies and sharp weapons belaboured them and inflicted simple and grievous injuries to Mohandas and Jagdish. On this report a case was registered. After usual investigation the Police submitted challan against six persons.3. The trial court framed charges against the accused persons under Sections 147, 148, 307/149, 323, 324, 325 and 326/149, IPC. The accused persons did not plead guilty and claimed trial.4. After concluding trial the learned trial ...
Tag this Judgment!Chouthu and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-21-1989
Reported in: 1989WLN(UC)56
G.K. Sharma, J.1. This appeal is directed against the judgment dated 8-8-1984 passed by, Sessions Judge, Sikar convicting the appellant's Under Section 325 IPC and sentencing Chouthu to two year's R.I. and a fine of Rs. 1000/-, in default to undergo 3 month's R.I, under Section 323, IPC sentence to 6 months R.I and a fine of Rs. 500/-, in default to payment of fine to undergo 1 month's R.I. Bhana Ram has been convicted Under Section 323, IPC and sentenced to 6 month's R.I & a fine of Rs. 500/-, in default of payment of fine to undergo one month's R.I.2. Both the accused persons were challaned Under Sections 307, 323/34, IPC. After trial the learned Sessions found Chouthu guilty Under Section 325 and 323, IPC and accused Bhana Ram Under Section 323, IPC and sentenced them as mentioned above.3. The learned Counsel for the appellants did not argue on the merits of the case and prayed that the appellants be ordered to be released on probation as the incident had taken place of a very trivi...
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