Rajasthan Court August 1993 Judgments
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Kundan Mal Vs. Nand Kishore and Etc.
Court: Rajasthan
Decided on: Aug-16-1993
Reported in: AIR1994Raj1
ORDERRajesh Balia, J. 1. These two revision petitions arise in the identical facts and circumstances giving rise to common issue. Hence they are decided by a common Order.2. One Kundanmal, who is petitioner in both the revisions filed two Civil Suits. Civil Suit No. 55/90 against Nand Kishore and Civil Suit No. 56/90 against Asha Ram. Plaintiff and defendants are real brothers. Each Suit is for recovery of Rs. 15,000/- based on identical pleadings.3. These two revision petitions are directed against the orders dated September 9, 1992 passed by the Additional District Judge No. 2, Jodhpur in Civil Suits Nos. 55/90 and 56/90 by which the applications of the plaintiff-petitioner seeking permission to lead secondary evidence, in respect of a document executed by respective defendants in each case on April 9, 1987 and alleged to be in possession of the defendant or has been destroyed by him was rejected.4. The trial Court rejected the application of the plaintiff-petitioner on the ground th...
The Oriental Insurance Company Limited Vs. Sardar Sadhu Singh and ors.
Court: Rajasthan
Decided on: Aug-13-1993
Reported in: II(1993)ACC663; 1994ACJ157; AIR1994Raj44; 1993(2)WLC593
1. This is a special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 against the judgment of the learned single Judge dated 30th October, 1986.2. On 24th June, 1974, Rao Dheer Singh was going from Manoharpura to Shahpura in his car No. RJL 8207. The fuel exhausted abruptly, as a result the car was stopped by its driver. He went to Shahpura to bring the petrol. Rao Dheer Singh, its owner, remained sitting in the car. At about 1.00 A.M. truck No. RJR 6607 driven by Tara Chand rashly and negligently dashed against the standing car resulting in instantaneous death of Rao Dheer Singh.3. On the above bedrock of facts, a claim petition was filed by his widow, two sons and daughters under the Motor Vehicles Act claiming Rs. 6 lacs against the owner of the truck No. RJR 6607 and the Oriental Insurance Company with which the car was insured.4. The Motor Accident Claims Tribunal, Jaipur made an Award in favour of the claimants and also found that the Oriental Insurance Company...
Legal Representatives of Maga Ram and anr. Vs. Kana Ram and ors.
Court: Rajasthan
Decided on: Aug-13-1993
Reported in: AIR1993Raj208
ORDERMipal Chandra Jain, J. 1. This revision petition has been filed against the order of the learned Munsif cum Judicial Magistrate. Ladnu dated July 21, 1993 by which he has dismissed the objections of the judgment-debtor-petitioners against the execution of the decree passed against them. The facts of the case giving rise to this revision petition may be summarised thus.2. On September 20, 1983, a decree for injunction was passed in favour of the decree-holder-non-petitioners against the judgment-debtor-petitioners directing them to remove the encroachment effected by them on the disputed open land. They were also prohibited from making encroachment upon it in future. The encroachment existing at the time of passing of the decree was removed through the execution of the decree. Thereafter, the judgment-debtor-petitioners again made encroachment upon the disputed land. The decree-holder moved third execution application for its removal. The judgment-debtors raised several objections....
Shyamdas and anr. Vs. Praveen Kumar and anr.
Court: Rajasthan
Decided on: Aug-13-1993
Reported in: 1994(1)WLC383; 1993WLN(UC)252
R.S. Kejriwal, J.1. Civil Misc. Appeal No. 32/1979, was listed for hearing on 26.11.1987. None was present on behalf of both the sides and as such the same was dismissed in default. On 4.9.1988, the appellants submitted an application for restoration of the said appeal under order 41 Rule 19 C.P.C. with the allegations that the aforesaid appeal was in due course and for the first time, it was listed for hearing on 9.11.1987. On that day, none was present on behalf of respondents. Counsel for the appellants prayed for time to seek instructions from the appellants. The appellant No. resides at Indore, and is heart-patient. The appellant No. resides at Ajmer, and is 90 years old. The appellants engaged Shri B.L. Samdaria Advocate of Ajmer to argue the appeal. Mr. Samdaria used to come...listed for hearing on 23.11.1987, it could not reach upto 25.11.1987. Under these circumstances, Shri Samdaria, while leaving for Ajmer, in the evening of 25.11.1987, instructed his assistant Smt. Maya Ban...
Manoj Kumar Bansal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Aug-12-1993
Reported in: (1994)ILLJ1155Raj; 1993(2)WLC751
G.S. Singhvi, J.1. It is indeed unfortunate that despite a clear verdict given by this Court as early as on October 7, 1991 in S.B. Civil Writ Petition No. 5368/90 Riyaz Ali v. State of Rajasthan and Ors., and 36 connected writ petitions, the petitioner has been compelled to file this writ petition seeking the same relief which had been given by this Court to similarly situated persons who had filed Writ Petitions No. 2281/91, 2293/91, 2294/91, 2403/91, 2404/91, 2619/92 and 2586/91 which were decided on October 7, 1991. It is strange that in cases of those persons who have approached the court the Director of Agriculture Department himself issued order on May 15, 1992 for reinstatement of those petitioners and yet he has failed to give effect to the order of the court in totality leading to the filing of this writ petition which could have been avoided if the departmental authorities had been a bit sympathetic and fair to the petitioner's case.2. Before I proceed further, I consider it...
National Insurance Co. Ltd. and anr. Vs. Paras and ors.
Court: Rajasthan
Decided on: Aug-04-1993
Reported in: 1994ACJ563
R. Balia, J. 1. In all these 8 appeals by the insurance company a common question of law is involved, hence they are disposed of by a common judgment.Facts of Appeal No. 125 of 1992:2. This appeal is directed against the award passed by M.A.C.T., Balotra, dated 28/29.11.1991 in M.A.C.T. Case No. 25 of 1989. Oat Singh with other passengers was travelling in Nissan Jonga No. RRQ 7577, which was driven by defendant-respondent No. 4, Hassan Ali. In an attempt to overtake truck No. RRW 321, it collided with the truck, as a result of which Oat Singh suffered injuries and died on 18.9.1988. The claimant-respondent Nos. 1 to 3 who are the legal representatives of deceased lodged a claim of Rs. 14,36,000/- against the driver and the owner of the vehicle as well as the insurance company with whom the jeep was insured. The Tribunal awarded a sum of Rs. 47,000/- as compensation. The insurance company was held responsible for the entire sum awarded.Facts of Appeal No. 126 of 1992:3. This appeal is ...
Gena Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-04-1993
Reported in: 1994CriLJ671; 1993(2)WLC636
ORDERRajendra Saxena, J.1. Heard. Perused the case diary.2. It is alleged that on 16-6-1993, one k.g. of Ganja on the carrier of Moped, which was being driven by the petitioner, was recovered by the S.H.O. Police Station Kotwali, Pali for which the petitioner had no licence/permit. A case under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act., 1985 (in short 'the Act') has been registered and the investigation is in progress.3. The only contention of Mr. Mohanani, learned Counsel appearing for the petitioner is that since the offence Under Section. 20 of the Act in respect of the contravention relating to the Ganja carries a punishment, which may extend to five years and fine, provisions of Section 37(1)(b) do not apply in such a case. According to him, keeping in view the small quantity of Ganja weighin one Kg., petitioner should be enlarged on bail.4. For this) Mr. Mohanani has placed reliance on the cases of Shankar Krishnasa Habib v. State of Karnataka, 1992 Cri ...
Smt. Ratna Devi and 13 ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-04-1993
Reported in: 1992(1)WLC765; 1993WLN(UC)321
B.R. Arora, J.1. These fourteen writ petitions raise a common question of law and facts and, therefore, they are being disposed of by this common order.2. The petitioners were appointed as Sweepers in the Municipal Board, Nokha, vide Resolution dated 6.3.1993. Some irregularities were pointed-out by the Executive Officer in the appointments given to the petitioners and, therefore, the State Government, vide order dated 10.3.93, cancelled the appointment of the petitioners on the posts of Sweeper Bhisti. It is against this order dated 10.3.93, that the petitioners have preferred these fourteen writ petitions.3. It is contended by the learned Counsel for the petitioners that in the order Annexure. l, while giving appointments to the petitioners, no condition was imposed and the appointments of the petitioners were for a period of six months and, therefore, before the expiry of the period of six months and without giving any opportunity of hearing to the petitioners, the orders of appoint...
Gurubachan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-03-1993
Reported in: 1994CriLJ836
ORDERRajendra Saxena, J.1. Heard.2. Perused the relevant record.3. The petitioner was arrested on 4-1-1993 by the S.H.O., Police Station, Sangaria for the alleged recovery of 4 kg. 800 gms. opium from his possession and a case under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) was registered against him. On 5-1-1993, he was produced before the Additional Chief Judicial Magistrate, Sangaria, who remanded him to judicial custody. After investigation a challan was filed on 25-1-1993 against the petitioner and two others namely Ram Niwas and Kamal Singh in the court of Additional Chief Judicial Magistrate, Sangaria. who remanded the accused persons to judicial custody from time to time. On 6-3-1993 he took cognizance of the offence under Sections 8/18 of the Act against the petitioner. On the same day he committed the case to the learned Additional Sessions Judge No. 1, Hanumangarh Camp Sangaria and remanded the petitioner to judicial custody...
Khem Chand Vs. Senior Regional Manager Food Corporation of India
Court: Rajasthan
Decided on: Aug-03-1993
Reported in: 1993WLN(UC)331
B.R. Arora, J.1. The petitioner was working as a Hawaldar in the Indian Army. He retired from the defence service with effect from 30-9-1977. At the time of his retirement, his basic pay in the Army was Rs. 333/- per month and he was getting over-all Rs. 495/- per month as his salary. After his retirement, the petitioner was sanctioned the pension @ Rs. 133/- per month and he was given appointment as a Watchman with the Food Corporation of India on 11.7.1978. He joined the service as Watchman with the Food Corporation of India on 12.7.78. He sought voluntary retirement in the year 1992. At the time of initial appointment with the Food Corporation of India, he was placed in the pay scale of Rs. 210-4-250-5-290/- alongwith other allowances. The grievance raised by the petitioner in the present writ petition is that he was working as Hawaldar in the Indian Army where from he retired on 30.9.77, and the post of Hawaldar is equivalent to the post of Security Officer under the respondent and...
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