Rajasthan Court September 1991 Judgments
indira Shiksha Prasar Sansthan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-30-1991
Reported in: 1991WLN(UC)257
Milap Chandra Jain, J.1. This writ petition has been filed for directing the Assistant Engineer, Public Health Engineering Department, Nawa (Nagaur)(Respondent No. 2) to grant water connection to the petitioner and also for directing the nagar palika, Kuchaman city to grant 'No objection certificate' in this regard.2. It has been stated in the writ petition as follows. The petitioner is running a residential college under the name and style of 'Indira college of Library Science'. It also runs a hostel for the students who study in the said college. The premises which were taken on rent for running the said college and hostel had no water and electric connection. Electric connection was subsequently obtained in January, 1989. The Assistant Engineer, PHED, Nawa (respondent No. 2) and the Nagar palika, Kuchamancity (respondent No. 3) have intimated vide their letters Annexures 2 and 3 that water connection can be given to the petitioner on its furnishing 'No Objection Certificate'from the...
Tag this Judgment!Jagdish Prasad Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-30-1991
Reported in: 1991(2)WLC59; 1991(2)WLN378
M.B. Sharma, J.1. The Returning Officer has acted in most arbitrary manner in setting aside the elections and there is no provisions in the Rajasthan Co-operative Societies Rules 1965 (for short the Rules') under which the elections held to the candidates of Managing Committee of the Co-operative Society could have been cancelled, and therefore, the order Annexure-3 dated 9-1-1991 of the Returning Officer respondent No. 4 is liable to be set-aside.2. Before I come to the reasons for this order I will narrate the facts which are as under:3. There is one Kolida Gram Sewa Sahkari Samiti Ltd. Kolida, Dist. Sikar (for short 'the Samiti'). The elections for the Managing Committee of the said Samiti were to be held and the Registrar Co-operative Societies under Rule 32 of the Rules appointed one Ramjeewan Meena as Election Officer to conduct the elections for the aforesaid Managing Committee. For the purpose of election to the Managing Committee, the elections were to be held for the various ...
Tag this Judgment!Modern Threads India Co. Ltd. Vs. R.S.E.B. and ors.
Court: Rajasthan
Decided on: Sep-27-1991
Reported in: 1992(1)WLC125; 1991WLN(UC)505
K.C. Agrawal, C.J.1. This writ petition has been preferred by the petitioner, for issuing directions to the Rajasthan State Electricity Board (for short, 'the RSEB') to pay interest on the deposits made by the petitioner towards the electricity supply. The deposits had to be made in terms of the contract by the petitioner for adjustment towards the electricity consumption, which was to occur in future. The writ petition was contested by the RSEB asserting that no interest was payable on the amount deposited by the petitioner and as such the mandemus could not be issued.2. This controversy came for consideration before a Division Bench in the case of Rajasthan State Electricity Board, Jaipur and Anr. v. Alfa Alloy Pvt. Ltd. DB Civil Special Appeal No. 83 of 1987-decided on 30th July, 1991. Published in 1992 (1) Western Law Cases (Raj,) 97 wherein judgment of the learned Single Judge was upheld and the special appeal was dismissed. The right of the consumer to get interest on the amount,...
Tag this Judgment!Modern Syntex (India) Ltd. Vs. Rajasthan State Electricity Board and o ...
Court: Rajasthan
Decided on: Sep-25-1991
Reported in: 1992(1)WLC119; 1991WLN(UC)504
S.N. Bhargava, J.1. As per the facts mentioned in the writ petition, the petitioner entered into an agreement on 15.2.1983 with the Rajasthan State Electricity Board (hereinafter referred to as the 'Board') for supply of electricity at the maximum demand of 3.000 K.V.A. Clause 5(a) of the said agreement provides that the Board shall provide and erect such switch gear and metering equipment as may be necessary to afford the supply of power. Clause 12 of the said agreement provides that the supply of electricity taken from the Board shall be measured by the matter and that the Board shall be entitled to charge rent on account of such metering equipment. Clause 15 of the said agreement provides that the consumer shall be entitled to have a test carried on merit at any time. The petitioner had been paying electricity charges as per the bill raised by the Board. On a report made by the respondent No. 3 Assistant Engineer (BSD), Alwar, certain officials including respondent No. 2, Executive ...
Tag this Judgment!Prabhu Dayal Sesma Vs. Rajasthan Public Service Commission
Court: Rajasthan
Decided on: Sep-25-1991
Reported in: 1991(2)WLC648; 1991(2)WLN360
G.S. Singhvi, J.1. Petitioner is an applicant for appointment on the post of Accountant and he had applied for selection by Rajasthan Public Service Commission in pursuance of the advertisement issued by the RPSC and published on 17-11-90. The examination was divided into two parts, namely, preliminary examination and final examination. The petitioner was provisionally admitted to the preliminary examination which constituted of two papers of General Knowledge and Every Day Science (one paper) and Arithmetic (second paper). The examination was held on 2-6-91. In the paper of Arithmetic the examinees were called upon to answer 39 questions. The paper was, divided in three parts viz., A, B and C. The paper carried maximum marks of 100 and the duration was three hours. According to the petitioner, of the 39 questions, only 29 questions were relating to arithmetic and the rest related to algebra and geometry. In para 6 of the petition the petitioner has given out the numbers of the questio...
Tag this Judgment!Gafoor Khan Naru Vs. Union of India (Uoi) and anr.
Court: Rajasthan
Decided on: Sep-24-1991
Reported in: 1991(2)WLC274; 1991(2)WLN329
N.C. Kochhar, J.1. This habeas corpus petition is by Shri Gafoor Khan who is the father of the detenue Yusuf Khan Naru. The said detenue has been detained under an order dated July 12, 1991 passed by respondent No. 1 Joint Secretary to the Govt. of India, the Detaining Authority.2. The aforesaid detention order is challenged by the petitioner on the grounds: (1) that the detenue has been denied an opportunity to make an effective representation because copies of the important papers whereupon the detaining authorities placed reliance which were supplied to the petitioner are not legible. Most of the documents are not in a position which may be read even by any common person; (2) there is delay in disposal of the representation made by the detenue and the representation was not even disposed of till the petition was filed and the delay in the disposal of representation has not been reasonably explained. As we are inclined to allow this petition on the aforesaid two grounds it is not nec...
Tag this Judgment!Rajasthan State Road Transport Corporation and ors. Vs. Kiran Lata and ...
Court: Rajasthan
Decided on: Sep-23-1991
Reported in: 1993ACJ130
D.L. Mehta, J.1. There has been a rapid development of road transport during the past few years and much increase in the number of motor vehicles on the road. The incidence of road accidents by motor vehicles has reached a serious proportion. It is said that the number of fatal accidents has been around 55,000 per year. The victims of these accidents are generally pedestrians belonging to less affluent sections of the society. The provisions of the Act as to compensation in respect of the accidents can be availed of only in cases of accidents which may be proved to have taken place as a result of wrongful act or negligence on the part of the owners or the driver of the vehicle concerned. Sometimes it is very difficult to secure adequate evidence or identity of the vehicle. It is well known that, generally, hit and run is the attitude of the drivers and the identity of the vehicle involved in the accident is not known. For this very reason, a new Chapter VII-A for the payment of compens...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Nenu Devi and ors.
Court: Rajasthan
Decided on: Sep-23-1991
Reported in: 1992ACJ962
Milap Chandra Jain, J. 1. These appeals arise out of the same accident. The appeal No. 45 of 1989 has been filed against the order dated December 14,1988 passed under Section 92-A, Motor Vehicles Act, 1939 (hereinafter to be called 'the Act') awarding Rs. 15,000/- as compensation. Appeal No. 145 of 1990 has been filed under Section 110-D of the Act against the judgment dated February 16, 1990 awarding Rs. 1,54,000/-as compensation. The facts of the case giving rise to this appeal may be summarised thus.2. On May 27, 1987 late Sriram, police constable, was returning on cycle to the Police Station Kotwali, where he was posted, after delivering the dak. The tractor No. RJC 2749 came from behind with an excessive speed and dashed against him. As a result thereof, he received several serious injuries and succumbed to them the same evening. The tractor was being driven by its owner Kanaram rashly and negligently. It was insured with the United India Insurance Co. Ltd., Barmer (appellant). La...
Tag this Judgment!Khem Raj and anr. Vs. Mohan Lal
Court: Rajasthan
Decided on: Sep-23-1991
Reported in: 1991(2)WLC118; 1991WLN(UC)306
R.S. Kejriwal, J.1. This revision has been directed against the order dated 14.1.1991, passed by learned M.J.M. 1st Class, Kekri, whereby the said Court rejected the execution application filed by the petitioners.2. The brief relevant facts of revision are that Sarva Shri Khemraj and Nemichand as Managers and Proprietors of Hindu Undivided Family business of M/s Peerumal Khemraj, filed a suit for recovery of Rs. 4940/- with interest thereon in the court of M.J.M. Kekri. The suit was decreed on the basis of compromise on 7.12.1977 for a sum of Rs. 4500/- including costs of the suit. The plaintiffs were awarded interest in the sum of Rs. 111/-. The decreetal amount was to-be paid by judgment-debtors in instalments. The judgment-debtors paid a few instalments and thereafter they did not pay the balance amount. Shri Khem Raj decree holder expired on 21.2.1982 and Shri Nemi Chand expired on 16.6.1981. Layer on the petitioners filed execution application for recovery of balance amount from t...
Tag this Judgment!Pramila Gupta Vs. Mohan Lal Sukhadiya University and ors.
Court: Rajasthan
Decided on: Sep-23-1991
Reported in: 1992(1)WLC44; 1991(2)WLN313
N.C. Sharma, J.1. This is a writ petition under Article 226 of the Constitution of India, by Pramila Gupta, for a direction to the respondents, to admit her to B.Ed. Course in Shri Bajrang Teachers' Training College, Deeg.2. The petitioner passed her B.A. Examination in the year 1989, from the University of Rajasthan. She appeared at the PTET, conducted by the Mohanlal Sukhadia University, Udaipur, (for short hereinafter, 'the Udaipur University') in the year 1990. She was declared to have passed the said test; and her marks-sheet is (Annexure-1). The petitioner received a call-letter, issued by the Udaipur University, on 22nd Jan., '91, where in, it was mentioned that the petitioner might join the Course in Shri Dadhimati Shikshak Mahavidyalaya, Sriganganagar (for short hereinafter 'the Sriganganagar Mahavidyalaya'), and the last date for depositing the fees, was 25th Jan., '91. The petitioner states that she is resident of Deeg, in Bharatpur District, and she was interested in taking...
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