Rajasthan Court September 1991 Judgments
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United India Insurance Co. Ltd. Vs. Smt. Nenu Devi and ors.
Court: Rajasthan
Decided on: Sep-23-1991
Reported in: 1(1992)ACC256
Milap Chandra Jain, J.1. These appeals arise out of the same accident. The appeal No. 45/89 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. 145/90 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 Shri Ram 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 Company, Barmer (appellant). Late Sriram ...
Rajasthan State R.T.C. and ors. Vs. Kiran Lata and ors.
Court: Rajasthan
Decided on: Sep-23-1991
Reported in: 2(1993)ACC208
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...
Oriental Bank of Commerce Vs. Presiding Officer, Central Govt. Industr ...
Court: Rajasthan
Decided on: Sep-20-1991
Reported in: (1994)IILLJ770Raj
G.S. Singhvi, J.1. Challenge made in this writ petition is directed against the award dated March 19, 1991 made by the Central Industrial Tribunal, Jaipur in Case No. CIT 44/87. This award has been passed on a reference of industrial dispute made by the Central Government vide its notification dated July 7, 1987 issued under Section 10(1)(iv) of the Industrial Disputes Act, 1947 in the matter of violation of Sections 25G and 25H allegedly committed by the employer in employing junior persons without considering the case of the workman Shri Gopal Lal Sharma (Respondent No. 2).2. According to the petitioner, respondent No. 2 was employed for a total period of 79 days with the petitioner Bank between May 23, 1985 and August 20, 1985. The appointment was given against a leave vacancy and was for a fixed term and came to an end automatically on the expiry of the period, A dispute was raised by the workman after about two years in the matter of alleged wrongful termination and also regarding...
Anita Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Sep-20-1991
Reported in: 1991WLN(UC)304
A.K. Mathur, J.1. Petitioner by this writ petition has prayed that the order dated 20th June, 1988, Ex. 6 may be quashed and respondents may be directed to make a reference before the Labour Court. It is also prayed that respondents Nos. 3 and 4 may be directed to reinstate the petitioner as teacher.2. Petitioner is a M.A. in Economics and she was appointed as primary teacher on the fixed pay of Rs. 330/- in the pay scale of Rs. 330-560, by the respondent No. 4. On 26th of August, 1984, petitioner joined the post and thereafter from time to time the appointment of the petitioner was extended, but petitioner's services were terminated on 30th September, 1985, without assigning any reason. Petitioner raised an Industrial dispute and the respondents declined to make a reference on the ground that the appointment of the petitioner was on the fixed term, therefore, it is not a retrenchment in terms of Section 2(oo)(bb) of the Industrial Disputes Act. Thereafter the Hon'ble Supreme Court too...
Ratan Kumar Sanghi Vs. Ashok Kumar Singhive and ors.
Court: Rajasthan
Decided on: Sep-20-1991
Reported in: 1992(1)WLC244; 1991WLN(UC)448
M.B. Sharma, J.1. It is a company application filed by Smt. Uma Sanghi in company petition No. 19/87. In company petition No. 19/87 this Court under its order dated 27.7.90 had ordered that the company M/s India Motors Pvt. Ltd. be wound up and the Official Liquidator attached to this Court was appointed as liquidator to the company in liquidation.2. An application has been filed which was registered as company application No. 1/91 in the said company petition No. 19/87 in which it has been prayed by Smt. Uma Sanghi, one of the respondents to the petition that the winding up order made by this Court may kindly be recalled and the reason made in the said application is that she did not appoint Shri Vinodi Lal Mathur as her advocate. It has also been stated in the said application that a notice of the petition Under Section 433 read with Section 434 of the Companies Act, 1956 (for short the Act) was never served on her nor a copy of the petition was served on her, and all the proceedings...
Tara Devi and ors. Vs. Om Prakash and ors.
Court: Rajasthan
Decided on: Sep-20-1991
Reported in: 1(1992)ACC146
ORDERD.L. Mehta, J.1. This appeal is directed against the award dated 3rd May, 1989, passed by the learned Presiding Officer of the Motor Accident Claims Tribunal, Jaipur, in case No. 222/1985.2. Brief facts of the case are that on 23.3.1986, deceased Bhanwar Pal Singh, and his son Mahendra Pal Singh, were going towards Naharsinghji's Temple from their house on Hero Majestic Bearing No. RNE 330. When they reached near Transport Nagar, crossing suddenly respondent No. 1, came from Delhi By-pass driving his truck No. DEG 4211, rashly and negligently and collided with the hero majestic. Due to this accident Mr. Bhanwar Pal Singh sustained serious injuries and died. Deceased Bhanwar Pal Singh, was working as Architectural Assistant in the P.W.D. and he was aged about 49 years. He was receiving salary of Rs. 2,095/- per month. The Tribunal, after considering the evidence of both the parties, arrived at the following conclusions:(1) It is a case of contributory negligence and some negligence...
Dr. Ganga Vishnu Diwakar Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-19-1991
Reported in: AIR1992Raj171; 1992(3)WLC600
ORDERNavin Chandra Sharma, J.1. This is a writ petition under Article 226 of the Constitution of India, for issue of a direction to the respondents, to allow the petitioner, to change the specialty of Tuberculosis and Chest-Diseases (TB and CD), allotted to him in MD-Course, to General Medicine, or to any other specialty which has the recognition of the Medical Council of India, in accordance with the preference given by him in his application form of PG-Course.2. The petitioner passed his MBBS Examination in the year 1988, and he completed his internship in the, year 1989. On the recommendation of the Central PC Admission Board,, constituted under Ordinance 278-E of the University of Rajasthan, the petitioner was allotted the specialty of TB and CD, in the MD-Course. The petitioner joined the MD-Course in the specially, of TB and CD, in the RNT Medical College, Udaipur on 17th Jan., 1991 as First Year Resident under the Three Year Residency Programme, and since then he has been contin...
Deva Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-19-1991
Reported in: 1991WLN(UC)229
Y.R. Meena, J.1. This revision petition is directed against the judgment of the learned Sessions Judge, Pratabgarh dated 1.2.84, whereby, he upheld the conviction of the accused-petitioner for the offence under Section 4/9 of the Opium Act but reduced the sentence its 6 months from 1 year S.I.2. Facts stated in short are that one Ambu s/0 Balu informed the police that he purchased the opium from Deve s/0 Gangaram Gujar r/o Dhamancha. On this information, the house of Deve was searched in the presence of motbirs namely Dayaram and Shamburam. On search, the police found one Brass Katordan containing 1 kg. 500 grams opium. The samples were taken from that opium, and sent it to the Forensic Science Laboratory. On examination, it was found that the samples contained the opium. After due investigation, challan was put up in the court of the Additional Munsif and Judicial Magistrate, Begun The prosecution has examined as many as 6 prosecution witnesses and statement of the accused was recorde...
Omkar Prasad Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-19-1991
Reported in: 1992(1)WLC345; 1991WLN(UC)401
G.S. Singhvi, J.1. Time and again this Court has issued a writ of mandamus for implementation to the orders passed by the Tribunal, a body created under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976. The Legislature had in its mind the fact that litigations in the Civil Courts take years together before the cases are decided and the delay causes hardship not only to the individual employee but also creates several complications. With the object of expeditious disposal of the cases between the employees and the Government, the Legislature thought that a special body having expertise in deciding the service matters may be constituted. More than 15 years have passed, but dissatisfaction amongst the public (constituting the group which is called as Government servants) is increasing. The functioning of the Service Tribunal has left much to be desired. The delay in disposal of the appeal in this case which is of 5 years has taken tall of the petitioner's patie...
Vimla Devi and ors. Vs. Chaman and ors.
Court: Rajasthan
Decided on: Sep-18-1991
Reported in: 1992ACJ1048
D.L. Mehta, J. 1. This appeal is directed against the order/award dated 6.4.1990 passed by the Motor Accidents Claims Tribunal, Dausa, being aggrieved on the ground that the compensation awarded to the claimants-appellants is very less.2. The brief facts of the case are that on 8.12.1983 respondent No. 1 was driving tanker URT 531. The tanker hit the camel-cart and thereafter it struck to the coming truck No. RJR 5167. Deceased Shankar Singh, driver of the truck No. RJR 5167, sustained grievous injuries and succumbed to the injuries on the spot. Claimants-appellants are the wife, sons and daughter of deceased Shankar Singh. The Tribunal came to the conclusion that Shankar Singh deceased sustained injuries on account of rash and negligent driving of the tanker. Tribunal arrived at the conclusion that Shankar Singh was earning Rs. 1,000/- per month as salary at the time of sad demise. Tribunal also came to the conclusion that Shankar Singh might have spent Rs. 400/- per month towards his...
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