Rajasthan Court March 1989 Judgments
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Kuldeep Singh Vs. Ganpat Lal and anr.
Court: Rajasthan
Decided on: Mar-08-1989
Reported in: AIR1990Raj23; 1989(2)WLN417
Lodha, J.1. This is a defendant's Special Appeal in suit for ejectment based on the ground of second default. The trial Court held in favour of the defendant that there was no second default whereas the learned single Judge has reversed that finding and has decreed the suit.2. The defendant's contention that there was no second default based on the fact that before the expiry of six months the rent had already been deposited in Court under Section 19-A Raj Premises Act and, therefore, the tenant could not be said to have committed a second default. The learned single Judge has come to the conclusion that for the deposit of rent under Section 19-A the necessary conditions were not fulfilled by the defendant, i.e. he had not tendered the rent by money order, before depositing the same under Section 19-A. Therefore mere depositing the rent in Court would not absolve the defendant from default.3. Learned counsel for the appellant, however, urged that under Section 19-A(3), the tenant is pe...
Jamna Prasad and 32 ors. Vs. Rajasthan State Road Transport Corporatio ...
Court: Rajasthan
Decided on: Mar-08-1989
Reported in: 1990(1)WLN205
S.S. Byas, J.1. The facts are not in dispute. The grievance and the grounds on which the grievance is based are common in all these 33 identical writ petitions. They were, therefore, heard together and are disposed of by a single order.2. As per averments in the writ petitions, the petitioners were appointed as Drivers to drive the Roadways buses in the region of Ajmer, Jaipur and Bharatpur of the respondent Rajasthan State Road Transport Corporation They had put long service as-Drivers in the Corporation. Some of them are more than 50 years in age. None of them is below 40 years in age. They were satisfactorily discharging their duties. Some where in 1987, it was found that they did not possess the normal eye-sight required for driving a heavy motor vehicle. A Medical Board was consequently constituted and the petitioners were directed to appear before the Medical Board for getting their eye-sight tested The Board found them totally unfit for driving the heavy motor vehicles. The Corp...
Rajesh Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-08-1989
Reported in: 1989WLN(UC)155
Mohini Kapoor, J.1. The petitioner is juvenile under the provisions of Juvenile Justice Act. At present he is in the Observation Home and the Sessions Judge, Kata has refused to release him on bail. The case against the petitioner is that he sprinkled kerosene oil on his elder brother's wife and set her to fire. Her statement was recorded by the ASI and in this she had named the petitioner as an accused.2. Under Section 18 of the Juvenile Justice Act a juvenile who is brought before the court is to be released on bail with or without surety and this is the general provision and the exception is that he shall not be released on bail if there appear reasonable grounds for believing, that the release as likely to bring him into association with any known criminal or expose him to moral danger that his release would defeat the ends of justice. Only when & bail is refused in a juvenile on account of those reasons he is to be sent to Observation Home or a place of safety. In view of this pro...
HakimuddIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-08-1989
Reported in: 2(1989)WLN(Rev)283; 1989WLN(UC)539
1. The petitioner was appointed temporarily as Patwari for a period of six months in the first instance vide order dated 24th March, 1964 (Annexure-1). In the appointment order it is also mentioned that the petitioner having passed the Patwar examination from Punjab was being appointed as Patwari and the appointment was subject to the production of a certificate of Medical fitness by a competent Medical Officer. The petitioner continued in service till the order dated 15-12-1987 (Annexure-2) was passed whereby, he was removed from the service. Against this order the present writ petition has been filed.2. Notices were issued. The State Government has also filed reply. The arguments have been heard and we have perused the record also.3. The learned Counsel for the State has submitted that the petitioner was appointed irregularly as he has not obtained the Patwar School Certificate as required by Rule 4, Rajasthan Land Revenue (Land Records) Rules, 1957. He has further submitted that the...
Sajid Mian Vs. Ganga and ors.
Court: Rajasthan
Decided on: Mar-07-1989
Reported in: I(1990)ACC20; 1990ACJ54
N.M. Kasliwal, J.1. All the above appeals are disposed of by one single order as they arise out of the same accident.2. Brief facts of the case are that on June 6, 1984, Dev Karan, Rang Lai and Ratan along with many other persons had gone, sitting in a trolley attached to tractor No. RJX 1313 for visiting temple of Ganeshji situated in Ranthambore Fort. While returning back, on the slope, trolley overturned on account of which Rang Lal, Dev Karan and Ratan died while many other persons received injuries. The tractor was being driven by Fareed Mian. Three claim petition Nos. 115 of 1984, 116 of 1984 and 26 of 1985 were filed by the claimants of the above-mentioned three deceased persons. All the above-mentioned claim petitions were consolidated by order dated January 20,1987 by the learned Motor Accidents Claims Tribunal, Sawai Madhopur. It may be further mentioned that the original owner of the tractor was Narain who had sold the tractor for a sum of Rs. 26,000/- on 7th September, 1981...
Hazari Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-07-1989
Reported in: 1989WLN(UC)116
Mohini Kapoor, J.1. This is an application for grant of interim bail on the ground that the father of the petitioner has expired on 4-3-1989, Considering this reason it can be said that interim bail can be granted on appropriate conditions.2. The petitioner Hazari shall be released on interim bail provided he furnishes a personal bond in the amount of Rs. 5,000/- with two sureties in the amount of Rs. 2,500/- each to the satisfaction of the Additional Sessions Judge No. 6 Jaipur City Jaipur for his appearance during the course of trial on all dates of hearing during the period he remains on bail and as and when he is called upon to do so and also on the condition that he shall surrender before the Central Jail, Jaipur on or before 3rd April, 1989 and on the further condition that during the period of his interim bail he shall not threaten or influence the witnesses of the prosecution either himself or through anyone else....
Madan Lal Vs. Heera Lal and anr.
Court: Rajasthan
Decided on: Mar-07-1989
Reported in: 1989(2)WLN299
Navin Chandra Sharma, J.1. Heard Mr. A.S. Champawat for the petitioner, Mr. Kailash Nath Joshi counsel for non-petitioner No. 1 and Mr. Vimal Mathur, Public Prosecutor2. The house in question belonged to Dhan Raj Kumar. By two sale deeds dated July 6, 1984 and August 21, 1984. Dhan Raj Kumar sold his house to Kesarbai wife of petitioner Madanlal. Jairam was brother of Dhan Raj Kumar who had a son named Bhagwandas and non-petitioner No. 1 is son of Bbagwandas.3. Madanlal lodged a First Information Report at Police Station Nathdwara alleging therein that his wife Smt. Kesarbai had purchased the disputed house situated in Kumarwara Nathdwara. On the morning of October 12, 1984 she went for cleaning the bouse and found that the lock of the main Pol was broken and inside the house Heeralal non-petitioner No. 1. two other persons and three ladies were sitting. Smt. Kesarbai inquired from them as to how they were there Thereupon the ladies surrounded her and started beating her. It was stated...
Chandra Bhan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-06-1989
Reported in: 1989(2)WLN628
Farooq Hasan, J.1. This is an appeal directed against the judgment dated 11-2-1981 passed by Shri Mohammed Yamin, Special Judge, for A.C.D. Cases Jaipur, whereby the accused appellant has been found guilty for the offence under Section 161 IPC and Section 5(1)(d) r/w Section 5(2), Prevention of Corruption Act and he has been sentenced to one year's rigorous imprison' ment and a fine of Rs. 200/- in default of payment of fine, he shall undergo 3 months' rigorous imprisonment on each count.2. Brief facts giving rise to this appeal are that in the year 1975 complainant Sita Ram had purchased land of Khasra No.456 of his village Tunga and the Kharif and Ravi crop of this Khasra number was cut and taken away by Roop Narain and Vijay Narain Malies and a theft case came to be registered against them on an FIR No. 34/76. Thana Bassi lodged by Sita Ram which was pending investigation. In that criminal case Sitaram had to produce Jamabandi and Khasra Girdawari in order to show his possession. Si...
Fazal HussaIn and ors. Vs. Kalu Khan and ors.
Court: Rajasthan
Decided on: Mar-03-1989
Reported in: II(1989)ACC391; 1990ACJ84
A.K. Mathur, J.1. This appeal is directed against the judgment and award dated 5.12.1984 passed by the Motor Accidents Claims Tribunal, Jodhpur.2. The brief facts giving rise to this appeal are that an accident took place on 17.7.1980 between a scooter RSQ 4062 and truck bearing No. RSN 3690 near Isaiyon Ka Kabristan. As a result of this accident deceased Akhtar Hussain died. Therefore, a claim petition was filed by father, mother, wife and two minor children of the deceased. The claim was contested by the non-claimants. It is alleged that the truck belonged to Sawal Dan son of Vijay Dan and it was driven by one Kalu Khan, driver. The vehicle was insured with United India Fire & General Insurance Co. Ltd. (hereinafter referred to as 'the insurance company').3. In support of the claim, the claimants examined two witnesses, namely, PW1, Fazal Hussain, father of the deceased and PW 2, Mahendra Giri. PW 1, Fazal Hussain, father of the deceased has deposed that the deceased Akhtar Hussain w...
Ramotar and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-03-1989
Reported in: 1989WLN(UC)94
V.S. Dave, J.1. This Misc. petition has been filed on behalf of the accused-petitioners in Criminal Case No. 36/84 Beharilal v. Ramotar pending in court of the Additional Chief Judicial Magistrate, Neem-ka thana with a prayer to quash the proceedings pending against them.2. There is a chequered history of litigation between the parties in the instant case as is borne out from the complaint itself The complainant non-petitioner's case starts with the complaint filed on 28th February, 1983 for an incident alleged to have taken place on 16th February, 1983 wherein the complainant stated that in Neem-ka-thana town, he owned a half constructed shop near Kapilmurti in Kapil Mandi Adjacent to his shop, shop of Gyarsilal, which is on rent with Ramotar accused, is situated. About this half constructed shop, a suit was filed by plaintiff against Gyarsilal and Ramotar for permanent injunction wherein accused No. I filed a reply to the effect that land belongs to Gyarsilal and on this a decree was...
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