Rajasthan Court August 1991 Judgments
Ram Deo and anr. Vs. Geeta Devi and ors.
Court: Rajasthan
Decided on: Aug-29-1991
Reported in: 1993ACJ643; [1994]81CompCas159(Raj)
Milap Chandra Jain, J.1. This appeal has been filed against the award passed by the learned member, Motor Accidents Claims Tribunal, Udaipur, dated August 20, 1982, by which he has awarded compensation to the tune of Rs. 63,000 against the owner and driver of the offending tractor No. RJE 3487 and has dismissed the claim petition against the insurer, namely, the United India Fire and General Insurance Co. Ltd. The facts of the case giving rise to this appeal may be summarised thus.2. The case of the claimants, Geeta Devi and her minor son, Bhagwan, is that the late Om Prakash (their husband and father, respectively) hired the said tractor No. RJE 3487 from its owner, Sukha (opposite party-appellant No. 2), got loaded a few bags of grain in its trolley for transporting them from his village Loharikalan to Deoli, he also sat in the trolley, the said tractor turned turtle near the village Gadoli due to rash and negligent driving on the part of its driver, Ram Deo (opposite party-appellant...
Tag this Judgment!Raj. State Electricity Board Vs. Manohar Lal
Court: Rajasthan
Decided on: Aug-29-1991
Reported in: 1992(1)WLC275; 1991WLN(UC)457
V.S. Dave, J.1. When the State or corporations or the Boards created by the Statute who have also the legal departments to advise and panel of lawyers to advise and action their behalf, prefer appeals in cases which are squarely covered by a catena of cases decided by the High Court and the Appex Court of country namely, Hon'ble the Supreme Court of India it shocks the consceience of the court as the money spent on litigations, which is Tax-payees money can better be utilized in development works. It is all the more disgusting when it is manifest from the record of the case that several counsels have been changed in the case at appellate for reasons best known as if that either going to improve the case or would change the settled law. The present case is not an exception to this.2. Appellant filed this Special Appeal against the judgment of the learned Single Judge, Dated 2nd August, 1984, whereby the learned Single Judge allowed the writ petition filed by the petitioner-respondent an...
Tag this Judgment!Keshav Singh and anr. Vs. Valuation Officer
Court: Rajasthan
Decided on: Aug-28-1991
Reported in: (1992)106CTR(Raj)112; [1992]195ITR435(Raj)
J.R. Chopra, J. 1. These two writ petitions raise common questions of fact and law and, therefore, on joint request, they were heard together and are being decided by a common order. The facts necessary to be noticed for the disposal of these two writ petitions, briefly stated, are that Shri Keshav Singh, the petitioner, who belongs to Jodhpur has some commercial as well as residential properties. He transferred one residential property to his grandson, Vikram Singh, by a registered sale deed dated March 26, 1981, for a sum of Rs. 90,000 mentioning in the sale deed that a lesser consideration is being charged from him for the sale of this property on account of natural love and affection for him. Likewise, he transferred 4 shops to Shri Vikram Singh, his grandson, for a sum of Rs. 55,000, vide a registered sale deed dated March 25, 1981, which sale forms the subject-matter of Writ Petition No. 1384 of 1981. The contention of the petitioners is that this transfer for a lesser considerat...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Dhali and ors.
Court: Rajasthan
Decided on: Aug-28-1991
Reported in: 1992ACJ1057
Milap Chandra Jain, J.1. This appeal has been filed against the award of the Motor Accidents Claims Tribunal, Banner, dated April 27, 1989, by which it has awarded Rs. 1,17,400/- as compensation to the claimant-respondent Nos. 1 to 7. The facts of the case giving rise to this appeal may be summarised thus.2. On November 23, 1986, the deceased Umedaram was going on his motor cycle No. RJC 1591 from Mahavir Nagar, Banner to Banner City. When he came in front of the factory of Jiwana Ram Choudhary (under construction), Nishan truck No. RJC 1261 came from the opposite direction with an excessive speed on its wrong side and dashed against the said motor cycle which was going on its correct side of the road. The truck was being driven by its driver Tej Singh, respondent No. 10. As a result thereof, Umedaram died on the spot and his motor cycle was badly damaged. Report was immediately lodged in the police station by Bega Ram, PW 2. A case under Section 304A, Indian Penal Code, was registered...
Tag this Judgment!Choit Ram Vs. Ramdeen
Court: Rajasthan
Decided on: Aug-28-1991
Reported in: 1991WLN(UC)241
B.R. Arora, J.1. This second appeal is directed against the decree and judgment dated December 18, 1990, passed by the Additional District Judge No. 2, Jodhpur, by which the appeal filed by the defendant appellant Choit Ram was dismissed.2. Plaintiff Ramdeen filed a suit in the Court of the Additional Munsif and Judicial Magistrate No. 1, Jodhpur, for eviction and recovery of arrears of rent with respect to First Floor of a house situated in Jodhpur City near Anand Cinema, on the ground of second default for more than six months in making payment of rent of the house in dispute. It was averred in the plaint that the first floor of the house comprising two rooms, one Saal and one kitchen was given to the defendant on the rent of Rs. 55/- per month and the tenancy started from 12th of each month and ending on 11th of next month. The defendant tenant had not made payment of the rent of the house since from January 12, 1984 to March 11, 1985. It was further averred that earlier the suit wi...
Tag this Judgment!Gulab Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-28-1991
Reported in: 1991WLN(UC)399
G.S. Singhvi, J.1. The short quest on which is required to be decided in this writ petition relates to the claim of the petitioner for grant of salary in the regular pay scale and other benefits.2. The petitioner was appointed as Class IV employee on daily wage basis in the Education Department. His name had been sponsored by the Employment Exchange and he was selected by a Selection Committee. Order of appointment was issued on 4.7.87 by the District Education Officer (Boy Institutions), Bharatpur. The rate of daily wage was Rs. 11/-and the maximum payable to the petitioner and similarly situated persons was fixed at Rs. 286/- per month. The petitioner has stated that he has been discharging whole time duties. He has been discharging same duties as are being discharged by Class IV employees who are getting salary in the regular pay scale of Rs. 750-940, a scale which is applicable with effect from 1988. Thek petitioner is being exploited in as much as he is being paid consolidated sal...
Tag this Judgment!All India State Bank of Bikaner and Jaipur Officer Association Vs. Sta ...
Court: Rajasthan
Decided on: Aug-27-1991
Reported in: 1991(2)WLN513
A.K.Mathur, J.1. All these three writ petitions are connected with each other, therefore, they are disposed of by this common order. 2. For the convenient disposal of all these writ petitions, the facts given in S.B.Civil Writ Petition No. 1562 of 1981: All India State Bank of Bikaner and Jaipur Officers Association v. State Bank of Bikaner and Jaipur and Ors. are taken into consideration:3. This is a writ petition filed by the All India State Bank of Bikaner and Jaipur Officers Association. By this writ petition, it has been prayed that the Select List Annex. 2 dated 12.6.1987 may be declared to be invalid and maybe quashed. It has further been prayed that the promotion policy Annex. 1 may also be declared invalid and be quashed and consequently it has been prayed that a direction may be given that all the eligible candidates maybe considered by the Selection Committee and a fresh list may be prepared and thereafter the appointments shall follow in accordance with law.4. The petitione...
Tag this Judgment!Radhey Shyam Dhobi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-26-1991
Reported in: (1993)IIILLJ937Raj; 1991(2)WLC142
G.S. Singhvi, J. 1. In all these nine Writ petitions, common questions of law are involved and, therefore, it is proper to dispose them of by a common order. In order to decide the questions raised in these Writ Petitions, it would be appropriate to give a brief of the factual matrix of these Writ Petitions.2. Petitioner Radhey Shyam Dhobi (Writ Petition No. 4656/90) was appointed as Hand Pump Mistry on temporary and contract basis by Panchayat Samiti, Jamuwa Ramgarh in pursuance of order dated 1.4.90 issued by the Vikas Adhikari, Jamuwa Ramgarh. In the order, it has been stated that the petitioner will be entitled to salary fixed by the State Government and his service is liable to be terminated in case the work is not found satisfactory and in case he is found to have violated office orders. It has also been mentioned in the order that the period of service will be extended on the basis of satisfactory performance and recommendations made by the Administrative Standing Committee of t...
Tag this Judgment!Chandra Kanta Nanawati and ors. Vs. I.S. Kavadia and ors.
Court: Rajasthan
Decided on: Aug-26-1991
Reported in: 1992(1)WLC396; 1991WLN(UC)394
Milap Chandra Jain, J.1. The above-noted company petition was filed by 29 petitioners. On the application of P.S. Nanawati and N.S. Chhajer, they were impleaded as Petitioners No. 30 and 31 in it vide order dated May 1,1991. Application under consideration has been moved by them for inspection of the account books and other records of the respondent Company M/s Hindustan Processors Ltd Bhilwara (hereinafter to be called 'the Respondent Company') with these allegations.2. They have been illegally thrown out of management of the Respondent Company by passing illegal resolution on November 22, 1988. Their physical access to the office, factory premises, books of accounts statutory record and other records have been scaled by the respondents. They have formally been removed from the Board of Directors of the Company on December 14, 1988 on wholly flimsy and untenable grounds, namely, they had violated the provisions of Section 299 of the Companies Act (hereinafter to be called 'the Act') a...
Tag this Judgment!Shri Laxmi Chand Agrawal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-23-1991
Reported in: 1991WLN(UC)527
I.S. Israni, J.1. In these three writ petitions a common question has been raised, therefore, they are decided by one order. It has been prayed in these petitions that the order dated January 29, 1990 (Anx. 7 passed by General Manager, District Industry Centure, Alwar, by which, the provisional registration certificate for establishment of small scale industry granted to each one of the petitioners, has been cancelled be quashed.2. The dates and the numbers of annexures are mentioned as in WP No. 883/1990. Briefly, it has been stated by the petitioners that Government of Rajasthan with a view to develop Bhiwadi District Alwar, offered concessions to establish small scale industries at Bhiwadi, and established Officer of the District Industries Officer (for brevity 'D.I.O.) there. In order to receive applications, the D.I.O. used to go to Delhi every second Friday in a month. Keeping in view the concessions offered the petitioners approached the D.I.O. Bhiwadi on December 11,1989 gave a...
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