Rajasthan Court May 1994 Judgments
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United India Insurance Co. Ltd. Vs. Laxmi Devi and ors.
Court: Rajasthan
Decided on: May-09-1994
Reported in: 1996ACJ787
M.C. Jain, J.1. This appeal has been filed against the judgment of the Motor Accidents Claims Tribunal, Banswara, dated 30.9.1987 awarding Rs. 2,20,000/-as compensation with interest at the rate of 12 per cent per annum to the claimants against the owner, driver and insurer of the offending vehicle.2. The facts of the case may be summarised thus: The deceased Jawahar Lal Kapoor was travelling in taxi car No. RRT 557 on 10.5.1984. It was being driven by its owner Ramesh Chandra rashly and negligently. As a result thereof, it fell down in a deep ditch. Ramesh Chandra and Jawahar Lal Kapoor died on the spot. The legal representatives of the deceased Jawahar Lal (claimants) filed the claim petition against the heirs and successors of Ramesh Chandra, owner-cum-driver of the taxi car and its insurer, i.e., United India Insurance Co. Ltd.The claim petition was resisted by the non-petitioners. After framing necessary issues and recording the evidence of the parties the Motor Accidents Claims T...
Devesh Goyal S/O Late Shri Radha Krishan Vs. the Rajasthan Housing Boa ...
Court: Rajasthan
Decided on: May-09-1994
Reported in: 1994(2)WLC441; 1994(2)WLN273
R.S. Kejriwal, J.1. None present for respondent No. 3 in spite of service of notice.2. In this writ petition, the petitioner has prayed that re-allotment of House No. 5/143 situated in Malviya Nagar, Jaipur in favour of respondent No. 3 be declared as illegal and void and the respondent No. 1- Rajasthan Housing Board be directed to allot the said house to the petitioner. In the alternative, it has been prayed that a writ of mandamus be issued directing the respondent- Rajasthan Housing Board to allot the petitioner an alternative suitable accommodation of equal or larger size in lieu of Plot No. 5/143 in Malviya Nagar Scheme of Rajasthan Housing Board, Jaipur.3. The brief facts of the case are that on 4.12.1993 the petitioner filed the aforesaid writ petition with the allegations that the Rajasthan Housing Board (hereinafter called 'the Board') advertised in Navjyoti on 1.10.1992 mentioning that 112 houses situated in Malviya Nagar, Jaipur of different categories of income-groups were ...
Munni Devis Vs. New India Assurance Co. Ltd. and ors.
Court: Rajasthan
Decided on: May-09-1994
Reported in: II(1994)ACC416
R.S. Kejriwal, J.1. The Motor Accidents Claims Tribunal, Neem Ka Thana, District Sikar, vide its order dated 27.8.1993 in Claim Petition No. 36/89, an Award of Rs. 2,58,400/ - with interest at the rate of 15% p.a. as mentioned in the Award. Against this Award, the appellants filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the M.V. Act), but the appellants did not file a certificate of deposit of amount as provided in proviso to Section 173 of the M.V. Act. On this ground, the case was listed before this Court as a defective case, on 4.3.1994. None was present on behalf of the appellants. This Court passed a pre-emptory order that in case the defects are not removed within a period of four weeks, the appeal shall stand dismissed without further reference to the Court. Inspite of this order, the appellants did not remove the defects and under these circumstances the case was listed on 28.4.1994, before the Dy. Registrar (Judicial) for orders. On that...
Satya Prakash Vs. Madan Lal
Court: Rajasthan
Decided on: May-06-1994
Reported in: AIR1995Raj112
ORDERR.R. Yadav, J.1. The present revision petition under Section 115, C.P.C. has been filed against the judgment and order dated 15-2-1994 passed by the learned Addl. District Judge, No. 2, Jodhpur in Civil Appeal (Order) No. 19/94 modifying the order dated 28-1-1994 passed by the learned Additional Munsif and Judl. Magistrate, No. 5 Jodhpur in Rent Case No. 481/93.2. The respondent-landlord filed a civil suit against the petitioner-tenant alleging therein that the petitioner is a tenant in Shops Nos. 4 and 5 situated at Kheta Nadi, Mandore Road, Jodhpur owned by him. It has further been alleged that the petitioner-tenant stopped payment of monthly rent from July, 1992 and thus, he is defaulter under Section 13(l)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Rajasthan Act No, 17 of 1950) and as such liable to be evicted from the aforesaid shops. It has also been alleged, by the respondent-landlord that one of the shops is requi...
Shravan Kumar Son of Shri Ghanshyam Das Soni Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-06-1994
Reported in: 1994(1)WLN424
N.C. Kochhar, J. 1. The facts giving rise to this petition under Section 482, Cr. P.C. are as under: The applicant appeared in his Secondary School examination and was at Government Girls Senior Higher Secondary School, Gangapur City on 1.4.1993 when he was answering the questions of Political Science paper. A Flying Squad checked the candidates and found in the hip pocket of the applicant four written pages of the diary and thereupon a report under Section 3(6) of the Rajasthan Public Examinations (Prevention of Unfair Means) Act, 1992 was lodged with the Police Station where the case was registered against the applicant vide FIR No. 147/93. The Police filed challan against the applicant and the trial court vide the impugned order dated 29th July, 1993 has found a prima facie case and has framed charges against the applicant under in the above mid provisions. Feeling aggrieved, the applicant approached this Court by filling this petition.2. Learned Counsel for the petitioner has point...
Hangrama Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-06-1994
Reported in: 1995(1)WLC691; 1994(2)WLN206
Rajendra Saxena, J.1. This jail appeal has been preferred against the judgment dated 31.3.1992 passed by the learned Sessions Judge, Dungarpur, whereby he convicted the appellant for the offences Under Sections 302 & 450 I.P.C. and sentenced him to life imprisonment and a fine of Rs. 2000/-; in default to further under go rigorous imprisonment for one year under the first count and to five years rigorous imprisonment and a fine of Rs. 1000/-; in default to further under go six months rigorous imprisonment for the second count and also directed that both the substantive sentences shall run concurrently.2. Succinctly stated the relevant facts for the disposal of this appeal are that information P.W. 1 Hakra, deceased Janga, appellant Hangrama and one Ranchhod were the real brothers and their ancestral agricultural land popularly known as Madudi Wala Khet situated in village Sanchia was in their joint tenancy. It is alleged that the appellant wanted to cultivate the said land exclusively ...
Jagdish Narayan Sharma and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-04-1994
Reported in: AIR1995Raj155; 1994(2)WLN18
ORDERRajendra Saxena, J.1. Petitioners-Sarva Shri Jagdish Narayan Sharma, Mustak Ahmed and Abdul Ajij, who are elected Ward Members of Municipal Board, Merta City, have through this writ petition challenged their suspension order dated 5-1-1994 (Annex. 7) and prayed that the same be set aside and respondents be directed to allow them to participate in the meetings of the said Municipal Board as well as the meetings of Sub-Committees wherein they are members. They have also prayed that the First InformationReport (Annex. 5) lodged against them be quashed.2. Briefly the relevant facts are that petitioners were elected as Ward Members of the Municipal Board, Merta City in the month of August, 1992, Petitioner-Jagdish Narayan Sharma contested as an independent candidate, while petitioners-Abdul Ajij and Mustak Ahmed were nominees of Janta Dal and Congress (I) Party respectively. The Bhartiya Janta Party got the majority in the said Municipal Board (hereinafter referred to as Board). The Bo...
State and ors. Vs. Babu Lal Sharma
Court: Rajasthan
Decided on: May-04-1994
Reported in: 1995(1)WLC35; 1994(2)WLN569
M.P. Singh, J.1. Babu Lal Sharma, the petitioner-respondent, was appointed by the Additional Registrar, Rajasthan High Court, Bench at Jaipur on 4-2-1987 with effect from 17-4-1987 as a Class-IV Employee on daily wages. This appointment was only for a period of 60 days. He was paid Rs. 11/- per day. The appointment was extended on 3-4-1987 for another period of 60 days at the rate of Rs. 20/- per day. Subsequently, by the order dated 16-8- 1987, he was made a regular Class- IV Employee in the pay scale of Rs. 700-850.2. At times, the respondent was required to work as a carpenter as well. The pay scale of the carpenter initially was Rs. 850-1520 but was subsequently revised to Rs. 910-1530. So he claimed, that since he has been working as a carpenter, he should be paid the grade payable to a regular carpenter.3. Asserting his claim he made a representation on 15-1-1990 to the Registrar, High Court. It was rejected vide order dated 13th August, 1990. On his further representation he was...
Chhatar Singh Vs. Arjun Singh
Court: Rajasthan
Decided on: May-03-1994
Reported in: AIR1995Raj73; 1994(2)WLC533; 1994(2)WLN9
P.K. Palli, J.1. The plaintiff-appellant filed a suit for specific performance of the contract against the defendant respondent Arjun Singh saying that the defendant-respondent agreed to sell 25 bighas of land to the plaintiffs for a consideration of Rupees. 15,000/- and an agreement to that effect was executed on 27-12-1962 Ex. 1 on record. Rs. 7,000/- were paid as earnest money and in part performance of the contract possession of the land was delivered to the plaintiffs and it was agreed that on the grant of the formal Sanad, the defendant would execute the sale-deed and get it registered. Since the Sanad was not granted for quite some time Rs. 2,000/- more were paid by the plaintiffs and again an agreement dated 20-2-1964 was executed and got registered with the stipulation that in case the defendant failed to get thesale-deed registered the plaintiffs would be entitled to get the same executed and registered through the agency of the Court. The defendant having failed to perform h...
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