Court : Rajasthan
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...
Tag this Judgment!Court : Rajasthan
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...
Tag this Judgment!Court : Rajasthan
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...
Tag this Judgment!Court : Rajasthan
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...
Tag this Judgment!Court : Rajasthan
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...
Tag this Judgment!Court : Rajasthan
Reported in : 1993(1)WLC606; 1992(2)WLN411
B.R. Arora, J.1. The petitioner, after passing his L.L.M. Examination, appeared in the competitive examination for the recruitment to the Rajasthan Judicial Service. The roll number allotted to him was 2082. The examination was conducted by the Rajasthan Public Service Commission, Ajmer. The following Syllabus was prescribed by the Rajasthan Public Service Commission for the Rajasthan Judicial Service Competitive Examination:(1) Law Paper I 100 marks (2) Law Paper II 100 marks(3) Language (I)Paper I-Hindi Essay 50 marks(4) Language (II) Paper II- English Essay 50 marks(5) Viva Voce 35 marks2. It is contended by the learned Counsel for the petitioner that the paper Language (II) Paper II-English Essay-contained four questions relating to writing of essay, expansion of an idea, precis writing and translation of pessage from Hindi to English and as such it was beyond the scope of the Syllabus. As per the Syllabus, the questions could have been asked in this paper only for writing of any e...
Tag this Judgment!Court : Rajasthan
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...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(3)WLC384; 1992(2)WLN431
Rajendra Saxena, J.1. By means of this writ petition, the petitioner has prayed that the respondent Bank be directed to treat him eligible to be promoted in the clerical cadre under terms contained in the promotion Policy Settlement dated 3.9.1987 entered into with the Federation of Indian Bank Employees Union and promote him in the clerical cadre from the date persons junior to him have been promoted.2. Briefly, the admitted facts of this case are that the petitioner, who is a member of Scheduled Caste, entered in the service of the respondent-Bank as a Class IV employee on 31.5.1976 and was posted at its Jodhpur Branch. At the time of his initial appointment, he possessed a middle school certificate. However, he qualified the 'prathama Examination' conducted by the Hindi Sahitya Sammelan, Allahabad on 26.7.1985. He, therefore, submitted his mark sheet to the respondent and accordingly entries in his service record were made and intimated to him vide letter dated 23.11.1987 (Anx. 1). ...
Tag this Judgment!Court : Rajasthan
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...
Tag this Judgment!Court : Rajasthan
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...
Tag this Judgment!