Rajasthan Court January 1992 Judgments
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Avichal Garge Vs. Jagdish Lal and ors.
Court: Rajasthan
Decided on: Jan-08-1992
Reported in: I(1993)ACC1
N.K. Jain, J.1. This appeal is directed against the interim award dated 24.8.1990 passed by Motor Accidents Claims Tribunal, Sri Ganganagar.2. Mr. Vijay Agarwal, learned Counsel for the appellant has submitted that the learned Tribunal has wrongly held the appellant liable to pay compensation alongwith interest Under Section 92-A of the Motor Vehicles Act, 1939. He has submitted that no fault liability is only of the Insurance Company. He has also submitted that the learned Tribunal has not taken into consideration the provisions of Section 95, He has also submitted that the Company may be directed to deposit the awarded amount Under Section 92-A and the appellant is prepared to furnish solvent security.3. Mr. Gupta, learned Counsel for the respondent does not dispute that the vehicle was insured with the respondent No. 8 Insurance Co. but in this case the learned Judge after considering the material has not held, driver as well as the Insurance Company liable as there was no accident....
United Commercial Bank and anr. Vs. Bhagwan Sahai Sharma
Court: Rajasthan
Decided on: Jan-07-1992
Reported in: (1993)ILLJ1005Raj; 1992(1)WLC500
K.C. Agrawal, C.J. 1. This Special Appeal is directed against the judgment of the learned Single Judge dated February 1, 1991 in S.B. Civil Writ Petition No. 270 of 1987 quashing the order dated January 28, 1986 removing the respondent Bhagwan Sahai Sharma from the Bank's service with immediate effect.2. The relevant portion of the order, by which the services of the respondent were terminated, is quoted below: -'I have since received Shri Sharma's reply dated January 8, 1986 to my above mentioned letter dated December 23, 1985. He also appeared before me for a personal hearing on January 21, 1986. I have carefully examined his reply and also the submission made before me on January 21, 1986. I do not find any extenuating circumstances or fresh points to reconsider the enhanced punishment proposed by me. In the above premises, I pass the following 3 order under Regulation 4(g) of the United Commercial Bank Officer Employees (Discipline and Appeal) Regulations, 1976: 'Shri B.S. Sharma i...
Jarnel Singh and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: AIR1992Raj173; 1992(3)WLC24; 1992WLN(UC)481
Balia, J.1. By this writ petition, petitioners challenge the order Ex.1 dated 6-10-1986 by the Executive Engineer, Gang Canal,North Division, Sriganganagar, order Ex.2 dated 26-12-1988 by the SuperintendingEngineer, Irrigation Circle, Sriganganagarand order Ex.3 dated 5-9-1991 by AdditionalChief Engineer, Irrigation, North Division,Hanumangarh. 2. Brief facts giving rise to the aforesaid petition, may be stated thus petitioner No. 1 Jarnel Singh is a resident of Chak 49, G. G. Tehsil Karanpur and petitioner No. 2 Harchand Singh is co-sharer of Chak 47, G.G. I of Tehsil Karanpur, District Sriganganagar. Land falling in Chak 47 G.G, I is being irrigated by water supply through an outlet situated at Stone No. 143 of Canal G.G. Minor. Two separate outlets for supply of water for irrigating lands of Chak 49 G.G., and Chak 47 G.G. I were situated at Stone No; 151 of Canal G.G. Minor. Two outlets through which Chak 47 G.G. II and Chak 49 were supplied water for irrigation were situated at the...
Fateh Singh Solanki and ors. Vs. Rastriya Mill Mazdoor Sangh and ors.
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: (1994)ILLJ294Raj
B.R. Arora, J.1. This revision petition is directed against the order dated January 25, 1992 passed by the Munsif and Judicial Magistrate, first class, Gulabpura, by which the learned Munsif dismissed the application filed by the plaintiff and held that the Civil Court has the jurisdiction to try the present case.2. Plaintiff Rastriya Mill MazdoorSangh and its office-bearers filed a suit for declaration and mandatory injunction against the defendant Fateh Singh, Narain Singh, Anand Singh and Moneen Khan in the Court of the Munsif and Judicial Magistrate, Gulabpura. It was averred in the plaint that the plaintiff union is a recognised union under the Trade Unions Act, 1926 (for short, 'the Act') and the Plaintiffs Nos. 2 to 9 are its elected office-bearers and are entitled to collect the subscription from the workmen, but the defendants, illegally and arbitrarily are collecting the subscription in the name of the plaintiff Rastriya Mill Mazdoor Sangh by getting the false receipt books p...
Newar Marble Industries Pvt. Ltd. Vs. Rajasthan State Electricity Boar ...
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: 1993CriLJ1191; 1992(3)WLC126
ORDERNavin Chandra Sharma, J.1. Newar Marble Industries Pvt. Ltd., a private limited Company, incorporated under the provisions of the Companies Act, 1956 and having its registered office at E-27, Ambaji Industrial Area, Post Office Abu Road (District Sirohi), is carrying on business of manufacturing miror-polished marble tiles since the year 1988. It is a Consumer of HT electricity supply from the supplier Rajasthan State Electricity Board (for short, 'the Board') since 14th April, 1989 under a sanctioned contract demand of 300 KVA with a sanctioned connected load of 537.5 BEP. The petitioner company provided 'Consumer's sub-station or an enclosed Switch Station' for HT Consumers for the purpose of housing the Board's Terminal High Tension Switch gear and equipment which included the metering facilities, apparatus and measuring devices as required by the Board.2. In this lengthy writ petition running in 51 pages, prays that--(a) Report dated 15-2-91 (Ann. I), order of the Chairman of ...
Mewar Marble Industries Pvt. Ltd. Vs. Rajasthan State Electricity Boar ...
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: 1992WLN(UC)309
Navin Chandra Sharma, J.1. Mewar Marble Industries Pvt. Ltd., a private limited Company, incorporated under the provisions of the Companies Act, 1956 and having its registered office at E-27, Ambaji Industrial Area, Post Office Abu Road (District Sirohi), is carrying on business of manufacturing mirror-polished marble tiles since the year 1988. It is a Consumer of HT electricity supply from the supplier Rajasthan State Electricity Board (for short, 'the Board') since 14th April, 1989 under a sanctioned contract demand of 300 KVA with a sanctioned connected load of 537.5 BHP. The petitioner company provided 'Consumer's substation or an enclosed Switch Station' for HT Consumers for the purpose of housing the Board's Terminal High tension Switch gear and equipment which included the metering facilities, apparatus and measuring devices as required by the Board.2. In this lengthy writ petition running in 51 pages, the petitioner prays, that:(a) Report dated 15.2.91 (Ann. I), Order of the Ch...
Narayan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: 1992(3)WLC9; 1992WLN(UC)327
Inder Sen Israni, J.1. This appeal has been filed against the judgment and order dated March 15, 1990 passed by learned Additional Sessions Judge, Gangapur City, in Sessions Case No. 26/89, whereby the appellant was convicted under Section 302 IPC. He has been sentenced to undergo life imprisonment and also fine of Rs. 500/-. In failure of payment of fine to undergo further imprisonment for 6 months.2. Briefly stated, PW 1, Man Singh filed a written report (Ex.P.l) on April 25, 89 at about 9.30 p.m. stating that at about 7.00 p.m. after taking his food, while he was playing with his small child at his house, his kaka Kallu Singh and Surjilal & his wife were quarrelling amongst themselves. At that time, Narayan Singh accused-appellant son of Surjilal went inside his Kacchahouse and came out with a Gandasi in his hand and gave blow with Gandasi on head of deceased Kallu Singh. Thereupon, he shouted as to what accused had done. Accused Narayan Singh thereafter went inside his house. When ...
Narpat Chand Vs. Municipal Board and ors.
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: 1992(1)WLN5
Rajesh Balia, J.1. The petitioner in this writ petition has challenged the order Annexure-7 dated 2.6.80 and Annexure-13 dated 24.11.80.2. The facts giving rise to this writ petition are that the petitioner was working as Lower Division Clerk at Municipal Board, Jalore, while working as LDC he made an application dated 18.7.75 to the Municipal Board, Bhinmal stating that he is eligible for being appointed on the post of Assessor and post of Assessor is lying vacant at Municipal Board, Bhinmal, he therefore, requested that he may be given appointment on the post of Assessor. The Municipal Board recommended the case of the petitioner in its resolution dated 6.8.75 and consequently, the petitioner was appointed as an Assessor on the post lying vacant at the Municipal Board, Bhinmal on 8.8.75. The Municipal Board, Bhinmal, after finding the work of the petitioner satisfactory, confirmed him on the post vide resolution dated 10.7.77 (Annexure 6). It is averred by the petitioner that on acco...
Suraj Bhan Vs. State
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: 1992(1)WLN7
Rajesh Balia, J.1. Petitioner has contended that he is senior most Supervisor in the Ground Water Department as per the tentative seniority list dated 12/1/1983 after taking into consideration those promotions which have already been accorded to persons senior to him shown in the list. He has filed this petition for seeking mandamus that persons junior to him, may not be accorded promotion to the post of A.En.2. In reply, it has been admitted that eleven vacancies were lying and those vacancies, were created for according promotion to the Supervisor/Foreman on the posts of A.En. amongst those persons because there was no promotional avenue available to them. It is also not disputed that petitioner falls in the category of those persons for whose benefits, the vacancies has been created. It is also admitted by the respondents in para 6 of their return that the petitioner is full eligible to be appointed as A.En. and is at par with the Diploma-holder and has acquired eight years' experie...
Sohan Lal Vs. State and ors.
Court: Rajasthan
Decided on: Jan-06-1992
Reported in: 1992(1)WLN184
R. Balia, J.1. The only point raised in the petition is that while one Vijay Singh was promoted from the post of Mechanic to the post of Supervisor by order dated 23-3-80 (Annexure 2), the petitioner who was senior to the said Vijay Singh on the post of Mechanic Gr. I in the Irrigation Department Sub Division II, Jodhpur, was not considered for promotion and he has been superseded for no reason.2. It has been stated in the petition that the petitioner was appointed as Mechanic Gr. I on 7-4-71 on work charge establishment at a salary of Rs. 240/-, on that date Shri Vijay Singh was working as Mechanic Grade II as work charged employee. The said Vijay Singh was promoted as Gr. I Mechanic in the year 1972 only. The salary of Shri Vijay Singh in the year 1978 was Rs. 470/- in the Grade applicable to Mechanic Grade I whereas the petitioner's salary in the same year was Rs. 590/- in the same grade. A seniority list of the work charge employee dated 3-10-80 under the Executive Engineer, Irriga...
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