Rajasthan Court November 1992 Judgments
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ibrahim Khan and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-27-1992
Reported in: (1993)iiLLJ434Raj; 1993(1)WLC487
SAXENA, J. 1. By means of this writ petition, the petitioners have challenged the vires of the Note No. 2 of Rule 268-D of the Rajasthan Services Rule, 1951 (in short the 'RSR') and sought a mandamus declaring that a wife, who has contracted marriage after the death of first wife of a husband, who has retired from the Government service, is also included in the definition of word, 'family' and further declaring that Smt. Noor Bano (petitioner No. 2), the wife of petitioner No. 1, Ibrahim Khan, is entitled to family pension after his death.2. Petitioner Ibrahim Khan retired on September 1, 1977 from the post of District Revenue Accountant in Collcctorate, Sikar. During his service period and at the time of retirement, he had nominated his wife Smt. Patasi as nominee and successor for grant of family pension. Consequent to his retirement, his pension case was finalised and pension payment order vide PPO order Annexure-2 after commutation of his pension were issued by the Treasury Officer...
Kanti Prasad Vs. Shankarlal and ors.
Court: Rajasthan
Decided on: Nov-27-1992
Reported in: 1992WLN(UC)602
B.R. Arora, J.1. This appeal is directed against the judgment and decree dated 26th July, 1988 passed by Additional District Judge No. 2, Kota, by which the learned Additional District Judge, dismissed the appeal filed by the plaintiff and maintained the decree and judgment dated 18th August, 1983 passed by Additional Civil Judge No. 1, Kota by which the suit filed by the plaintiff was dismissed.2. Plaintiff Kanti Prasad filed a suit for eviction and arrears of rent with respect to the house situated in Vijaypada, Kota. The suit was filed on the grounds of reasonable and bonafide necessity, default of payment of rent, material alterations made in the suit property, inconsistent user of the suit property for which he was admitted in the suit premises and that the tenant has created nuisance. It was also averred that the defendants have pledged some of his goods and kept a board of Bank on some portion of the premises which has resulted in lowering the prestige of the plaintiff. The suit...
Tarachand Vs. Pyar Chand
Court: Rajasthan
Decided on: Nov-26-1992
Reported in: 1992WLN(UC)239
B.R. Arora, J.1. This appeals directed against the Judgment and decree dated 27th Feb. 1991 passed by the learned Additional District Judge, Rajsamand, by which the learned Addl. District Judge dismissed the appeal filed by the plaintiff and maintained the decree and Judgment dated 9th Feb. 1988 passed by the learned Munsif & Judicial Magistrate, First Class, Rajasmand.2. Plaintiff Pyar Chand filed a suit for eviction and arrears of rent with respect to a house situated In The town of Kankroli. the house in question was taken on rent for a monthly rent of Rs. 125/- per month vide rent note dated 18th May 1982 but the rent was not paid and defendant committed default in the payment of monthly rent. The defendant contested the suit. In the written statement an objection was taken that the house in question belongs to him and he mortgaged the same for a consideration of Rs. 2500/- with the plaintiff but the plaintiff got the sale deed executed in his favour when objection was taken by him...
Bharatlal Vs. Devichand
Court: Rajasthan
Decided on: Nov-26-1992
Reported in: 1992WLN(UC)601
B.R. Arora, J.1. This appeal is directed against the order dated 3rd May, 1991 passed by Additional District & Sessions Judge No. 1, Udaipur, by which the learned Additional District & Sessions Judge granted a temporary injunction in favour of the plaintiff directing the respondents not to alienate the property in question.2. Plaintiff Devi Chand filed a suit on the basis of an agreement dated 15th August, 1988 with respect to the house situated in Sarva Ritu Vilas, Udaipur. Alongwith the suit, an application under Order 39 Rule 1 & 2 read with Section 151, C.P.C. was also filed. It was averred in the application that the defendant on 15th August, 1988 agreed to sell the house in question to the plaintiff for a consideration of Rs. 5,55,000/-. A sum of Rs. 1,11,000/- was paid as an advance on 15th August, 1988 itself at the time of execution of the agreement and out of the remaining amount, Rs. 1,00,000/- was agreed to be paid in October, 1988 and remaining Rs. 3,44,000/- was to be pai...
Saheed Ahmed Vs. Haji Abdul Gani and ors.
Court: Rajasthan
Decided on: Nov-25-1992
Reported in: 1992WLN(UC)598
B.R. Arora, J.1. This revision petition is directed against the order dated May 4, 1992, passed by the Additional District Judge No. 2, Jodhpur, by which the learned Additional District Judge dismissed the application under Section 10 read with Section 151 C.P.C. and refused to stay the proceedings in the appeal filed by the appellant-petitioner.2. Plaintiffs Haji Abdul Gani and others filed a suit for eviction and arrears of rent against the defendant on the ground of default in making the payment of the rent as well as on the ground of reasonable and bonafide necessity of the suit premises. The defendant contested the suit. In the written statement, the relationship of landlord and tenant as well as the reasonable and bonafide necessity of the plaintiff, were denied. It was averred in the written statement that the house in question belongs to the defendant, which was mortgaged with the plaintiffs for an amount of Rs. 5000/- and actually the sale-deed was not executed. Though the hou...
Vinod Chand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-25-1992
Reported in: 1992(3)WLC340; 1992(2)WLN211
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that Rule 5.16 of the Rajasthan Motor Vehicles Rules, 1990 may be declared as ultra vires and it may be declared that there is no provision either under the Motor Vehicles Act, 1988 or the Rajasthan Motor Vehicles Rules, 1990, authorising the Regional Trasport Authority to fix rotation of the stage carriages on a route and lastly, it is also prayed that the order dated 3.9.1991 of the Regional Transport Authority, Udaipur may be quashed.2. The brief facts giving rise to this writ petition are that Banswara to Sallopat route lies in Udaipur Region. It is 70 kms. in length and is 'A' Class route. The Regional Transport Authority, Udaipur earlier sanctioned five stage carriage permits on the route. The petitioner is holding one out of the said five permits being permit No. P. St. 2274/85 valid upto 2.6.1993. The Regional Transport Authority by the resolution dated 24.2.1990 included Sallopat to Monadungar 21 kms. portion in...
Amar Chand and ors. Vs. Gram Panchayat and ors.
Court: Rajasthan
Decided on: Nov-25-1992
Reported in: 1992WLN(UC)595
B.R. Arora, J.1. Plaintiff Amar Chand and Sagar Mal filed a suit for. specific performance of the contract against the Gram Panchayat, Sanchore (defendant No. 1), Moti (defendant No. 2) and the Collector, Jalore (defendant No. 3) and It was prayed that the defendant No. 1 may be directed to execute a sale-deed of the plot in question in favour of the plaintiffs and deliver its possession to them. It was, also, prayed that the defendant No. 2, who is in possession of the plot in question, has no title or Interest in the suit plot as the defendant No. 1 has already sold the plot in question in a public auction to the plaintiffs and, therefore, the plaintiffs are entitled to got the possession of the land In question and the same may be delivered to them after taking over the possession thereof from the defendant No. 2. The suit was contested by the defendants. The learned Munsif, Sanchore, by its decree and judgment dated November 29, 1971, dismissed the suit filed by the plaintiffs. Dis...
Shri Niwas Cloth Stores Vs. United Commercial Bank
Court: Rajasthan
Decided on: Nov-25-1992
Reported in: 1992WLN(UC)589
B.R. Arora, J.1. This revision petition is directed against the order dated April 28, 1989, passed by the District Judge, Merta, by which the learned District Judge dismissed the application under Section 151 C.P.C. filed by the defendant-petitioner and refused to stay the proceedings in the civil suit.2. Plaintiff United Commercial Bank (UCO bank) filed a suit in the Court of the learned District Judge, Merta, against the defendant for the recovery of the amount of Rs. 14,08,500/-. The suit was filed on the basis of the Statement of the Bills Purchase Account and the amount of which was admitted by the defendant While confirming the balance on February 3, 1984. It was. also, stated In the plaint that this amount fell due against the defendant on account of Cash-credit facilities given to the defendant firm on September 20, 1978, and in pursuance of this Cash-credit facility, certain bills were purchased by the bank, which were not be honoured by the parties and the goods remained with...
Firm Gaurav Video Library and anr. Vs. Prem Kumar Gupta
Court: Rajasthan
Decided on: Nov-25-1992
Reported in: 1992WLN(UC)592
B.R. Arora, J.1. This appeal is directed against the order dated January 3, 1992, passed by the Additional District Judge No. 2, Sri Ganganagar, by which the learned Additional District Judge allowed the application dated September 4, 1991, filed by the plaintiff' and ordered for the striking of the defence under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act (for short, 'the Act').2. Plaintiff Prem Kumar filed a suit for eviction and arrears of rent against the defendant in respect of the shop No. 7 situated in Patel Market, Sri Ganganagar. The learned trial Court, by its order dated May 9, 1991, determined the provisional rent and directed the defendant-tenant to pay an amount of Rs. 16,800/- as arrears of rent for a period from 22.7.89 to 21.4.91, alongwlth interest @ 6% per annum amounting to Rs. 840/-. The defendant deposited the provisional rent determined by the trial Court but did not deposit the monthly rent by 15th of each subsequent month. The amo...
Smt. Dakudi and anr. Vs. Mana Ram and anr.
Court: Rajasthan
Decided on: Nov-25-1992
Reported in: 1992(2)WLN240
B.R. Arora, J.1. These four appeals arise out of the judgment/Award dated August 31, 1982, passed by the Judge, Motor Accident Claims Tribunal, Jodhpur, in Claim Cases No. 11/76 (148/1978) (Smt. Dakudi and another v. Mana Ram and Ors.) and Claim Petition No. 12/76 (149/1978) (Udai Singh v. Mana Ram and Ors.), by which the learned Judge of the Tribunal partly decreed the claim of the claimants.2. Anand Singh, who was driving an Ambassador Car (Taxi) No. RSO 4151, met with an accident with truck No. RJQ 5069 on Balotra-Barmer road on a turn near Nimbal Fanta. Anand Singh died at the spot. Deceased Anand Singh was accompanied by one more passenger in the car, who was thrown out of the case on account of this accident. The truck No. RJQ 5069 was driven by its owner Mana Ram rashly and negligently and it was on account of rash and negligent driving of the truck by Mana Ram that the accident took-place. Smt. Dakudi, mother of deceased Anand Singh and Kaushaliya sister of deceased Anand Singh...
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