Rajasthan Court May 1991 Judgments
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Gaindi Devi Vs. Motor Accidents Claims Tribunal and ors.
Court: Rajasthan
Decided on: May-08-1991
Reported in: 1992ACJ71
N.L. Tibrewal, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India, seeking the following reliefs:(a) That your Lordships would be graciously pleased to admit and accept this writ petition and pass an order under Section 92-A of the Act of 1939 (now Section 140 of the Act of 1988) to pay the petitioner a sum of Rs. 25.000/- along with interest from the date of filing of the claim petition, i.e., 5.7.1985.(b) That the record of the case titled as 'Gaindi Devi v. Mohd. Mian' pending before the Motor Accidents Claims Tribunal, Alwar be called for.(c) That this case be transferred to the Motor Accidents Claims Tribunal, Jaipur and the direction be issued to dispose it expeditiously.(d) That all the District and Sessions Judges of the districts in Rajasthan be instructed to pay due attention to the matters of compensation under Motor Vehicles Act and particularly pass the interim order to give relief to the victims of the unfortunate accidents and thei...
imam @ Ilai Bux Vs. the State of Raj.
Court: Rajasthan
Decided on: May-08-1991
Reported in: 1991(2)WLN143
N.K. Jain, J.1. This revision petition is directed against the judgment of learned Addl. Distt. and Sessions Judge No. 1, Jodhpur Camp-Jaisalmer dated 16-5-81 whereby while maintaining the conviction Under Section 14 of the Foreigners Act passed by learned Munsif and Judicial Magistrate, Pokaran dated 8-10-80, reduced the sentence from two years to 21 months R.I. and also reduced the fine from Rs. 1000/- to Rs. 500/- and in default of payment of fine to undergo further two months S.I.2. Brief facts giving rise to this petition are that on information received on 8-4-1977 Dy. S.P. Narayan Singh found that Imam @ Ilai Bux resident of Khanpura District Harihar who has come from Pakistan is staying with his brother Thania without any passport. As the petitioner has confessed before him that he would be going back to Pakistan via village Hariyar. A case Under Section 14 of the Foreigners Act was registered and due investigation challan was filed before learned Munsif and Judicial Magistrate...
Shiv Prasad Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-06-1991
Reported in: 1991(1)WLN423
Farooq Hasan, J.1. Heard learned Counsel for the parties. The accused-petittioner has been found guilty for the offence Under Section 304A, I.P.C. and sentenced him to one year Simple Imprisonment and a fine of Rs. 100/- (Rupeses one hundred).2. Brief facts giving rise to this petition, are that on 27-8-1979 one Puran S/o Kanhiya, resident of Harijan Basti, New Mandi, Bharatpur lodged a report at the Police Station Kotwali, Bharatpur to the effect that Suraj and his father Kanhiya were going in a rickshaw from his house to the house of Collector, Bharatpur. On the way near Cimmco Waggon Factory a jeep No. RJD 3751, which is said to have been driven by the petitioner, collided with rickshaw as a result of which Suraj died on the spot and his father Kanhiya sustained grievous injuries who also succumbed to injuries.3. On the basis of the said report F.I.R. was chalked out at Police Station Kotwali, Bharatpur for the offence Under Section 304A IPC and after investigation a challan was fil...
Gigaram and Ten ors. Vs. State of Rajasthan, Guman Singh and Six ors.
Court: Rajasthan
Decided on: May-06-1991
Reported in: 1991WLN(UC)149
Farooq Hasan, J.1. This criminal Misc. petition arises out of criminal proceedings under Section 145, Cr.P.C. instituted upon a complaint filed on 16.12.1978 by Station House Officer, Police Station Neem Ka Thana. It had been alleged in the complaint inter alia that there was a dispute in between the parties for an agriculture land bearing Khasra Nos. 1825 to 1828 admeasuring in total 13 bighas 4 biswas which admittedly belonged to the khatedari of party No. 1 (non-petitioner Nos. 2 to 7) who are scheduled tribes; and that this land was purchased by the party No. 2 (petitioners) oil 11.4.1962 from the party No. 1 through a sale-deed. It had been given out that the petitioners (party No. 2) being Mali belonging to general class, could not have purchase this land by sale from party No. 1 and that both the parties were adament and adhered to claim possession over the said land and to harvest standing crop by force, as a result of which, there were every likelihood of breach of peace. The ...
Chandra Kumar Vs. Smt. Kanku Bai and ors.
Court: Rajasthan
Decided on: May-06-1991
Reported in: 1991WLN(UC)324
Milap Chandra Jain, J.1. This appeal has been filed against the judgment of the learned Additional District Judge No. 2, Udaipur dated March 14, 1989 by which he has allowed the appeal of the plaintiff-respondents and set aside the judgment of the learned Additional Civil Judge, Udaipur dated January 28, 1982, dismissing the suit or ejectment. The facts of the case giving rise to this appeal may be summarised thus.2. On September 15, 1976, the plaintiff Manak Chand filed a suit for the ejectment of the defendant Chandra Kumar with these allegations. He owns a house situated in Mandi-ki-Naal, Udaipur. On December 5, 1974, it was let out to the defendant on monthly rent of Rs. 65/-. On December 12, 1974, rent note was executed in his favour by the defendant. He has not paid rent since December, 1975. The suit house is reasonably and bonafide required by him for the residence of his family. His grand son Laxmilal who is reading in 8th Class in the village is to be shifted therefrom for ad...
Purushottamlal Sharma Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-06-1991
Reported in: 1991(2)WLN477
Inder Sen Israni, J.1. This writ petition has been filed with a prayer that the respondents be directed to allow the petitioner to have training for the post of Laboratory Technician in the Laboratory Technician Training Course.2. It is submitted by Mr. G.S.Fauzdar, learned Counsel, that an advertisement (Anx. 3) was published on 7.9.90 by respondent No. 1, inviting applications for training in the Lab. Technician Training Course. It is further submitted that the petitioner possessed all the required qualifications and applied to be selected for District Bharatpur. However, when the merit list was published, the name of the petitioner was not mentioned therein, even though, he obtained 57.5% marks. Respondent No. 4, whose name appeared at S. No. 14, was select even though, he had only 53.7% marks. The petitioner was not selected, as is evident from the return filed by the respondents, since his certificate of residence is alleged to be forged and that he was not bonafide resident of vi...
Rajasthan Council of Diploma Engineers and anr. Vs. the State of Rajas ...
Court: Rajasthan
Decided on: May-03-1991
Reported in: 1991(2)WLC597; 1991(1)WLN237
M.R. Calla, J.1. These three cases involve common questions of law and facts and hence we propose to decide all these three cases by this common judgment.2. The facts of these cases present a typical lis between the in-serving Engineers seeking appointments to the post of Assistant Engineer by direct recruitment and the Engineer graduates in the open market who are also seeking appointments to the post of Assistant Engineer by direct recruitment. This Us between the candidates of two different types both seeking direct recruitment to the post of Assistant Engineers has engaged the attention of this Court because of the dismal fact that although the scheme of the Rules, namely, the Rajasthan Service Engineers (Buildings and Roads Branch) Rules, 1954 (hereinafter to be referred to the Rules of 1954) provides for both the names of recruitment on the post of Assistant Engineer i.e. by direct recruitment as well as promotion, there has been no direct recruitment on the post of Assistant Eng...
Ramesh Kumar Agarwal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-03-1991
Reported in: 1991WLN(UC)110
J.R. Chopra, J.1. This writ petition has been filed by the petitioner Shri Ramesh Kumar Agarwal, who is a handicapped person seeking relief that he should be employed against the quota of physically handicapped persons in Rajasthan Administrative Service and all other allied Services keeping inview the provisions of Rule 4 of the Rajasthan Employment of Physically Handicapped Rules, 1976. It has further been prayed that during the pendency of this writ petition, if any order is passed by the respondents adversely affecting rights of the petitioner, the same may be declared illegal and be quashed and any other appropriate relief may be granted to him.2. The facts necessary to be noticed for the disposal of this writ petition briefly stated are that the Govt. of Rajasthan advertised certain posts of RAS, RPS and other State and allied services and subordinate services. A combined competitive examination was held by the RPSC in the year 1979. The result of which was declared by the RPSC o...
Jai Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-03-1991
Reported in: 1991WLN(UC)141
Milap Chandra Jain, J.1. This is a petition moved under Section 482, Cr.P.C. against the order of the learned Addl. Chief Judicial Magistrate No. 3 Jodhpur dated 22.2.1990 by which he has refused to record compromise for the offences punishable under Section 498A, IPC. The facts of the case giving rise to this petition may be summarised thus.2. On the report of the petitioner, a challan was filed against the non-petitioners under Sections 448, 498A and 120B IPC on February 22, 1990, a compromise petition Was moved by the parties before the learned Magistrate stating that compromise has been effected between them, there exists now no disputed in between the petitioner's daughter Mst. Tara has started living with her husband Daulal (non-petitioner No. 4) for the last four years and during this period she has given birth to a male child and it has, been prayed that the accused-petitioners may be acquitted on the basis of the compromise. The learned Magistrate recorded the compromise under...
Rajasthan Council of Diploma Engineers Vs. the State of Rajasthan and ...
Court: Rajasthan
Decided on: May-03-1991
Reported in: 1991(2)WLN112
M.R. Calla, J.1. These three cases involve common questions of law and facts and hence we propose to decide all these three cases by this common judgment.2. The facts of these cases present a typical lis between the inserving Engineer seeking appointments to the post of Assistant Engineer by direct recruitment and the Engineer graduates in the open market who are also seeking appointments to the post of Assistant Engineer by direct recruitment. This lis between the candidates of two different types both seeking direct recruitment to the post of Assistant Engineers has engaged the attention of this Court because of the dismal fact that although the scheme of the Rules, namely, the Rajasthan Service Engineer (Buildings and Roads Branch) Rules 1954 (Hereinafter to be referred to the Rules of 1954) provides for both the modes of recruitment on the post of Assistant Engineer i.e. by direct recruitment as well as promotion, there has been no direct recruitment on the post of Assistant Engine...
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