Rajasthan Court February 1997 Judgments
Banwari Lal Gaur Vs. National Institute of Ayurveda and anr.
Court: Rajasthan
Decided on: Feb-05-1997
Reported in: 1997(1)WLN162
J.C. Verma, J.1. The petitioner, in the present writ petition, is claiming promotion to the post of professor (Basic Principles) with effect from 3.4.1992 with all consequential benefits in the Department of National Institute of Ayurveda, Madhav Vilas Palace, Amer Road, Jaipur.2. The petitioner submits that he was initially appointed as Vaidya Grade C in the Ayurveda Department of the Government of Rajasthan vide order dated 30.6.1966, and later on he was made Demonstrator on urgent temporary basis by the Ayurveda Department and was posted in Government Ayurveda College, Udaipur vide order dated 4.9.1974, vide yet another order dated 11.11.1974 (Annex. 2) the petitioner was given extension to hold the post of Demonstrator till regularly selected persons through the Rajasthan Public Service Commission are appointed and was made substantive on the post of Demonstrator later on. The petitioner claims that he was thereafter appointed as Lecturer on urgent temporary basis vide order dated ...
Tag this Judgment!Devidass Rao Deshmukh Vs. Rajasthan State Road Trans. Corpn.
Court: Rajasthan
Decided on: Feb-04-1997
Reported in: I(1997)ACC535
D.C. Dalela, J.1. The appellant claimant was coming to his house from the factory on foot in the evening of 28.1.1992 and when he was passing through the bridge over Amanishah drainage, bus No. RSG 6223 of R.S.R.T. Corporation came at a very high speed and hit the appellant from behind and as consequence of this accident, the appellant claimant sustained very serious and grievous injuries and his both legs had to be amputated and, thus, he has sustained 100 per cent permanent disability of the legs. He preferred a claim petition before the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur. A total compensation of Rs. 8,35,000/- was claimed. The appellant claimant examined three witnesses in support of his claim petition, they are Devi Dass, AW 1, Govind Ram Saini, AW 2 and Dr. M.K. Mathur, AW 3. The respondent examined two witnesses who are Shiv Pal, NAW 1 and Mohammed Saddiq Qureshi, NAW 2. The bus belongs to the respondent No. 2 and it was rashly and negligently driven by ...
Tag this Judgment!Urban Improvement Trust Vs. Poonam Chand
Court: Rajasthan
Decided on: Feb-03-1997
Reported in: AIR1997Raj134; 1997(2)WLC430; 1997(1)WLN432
R.R. Yadav, J. 1. This is defendants' second appeal filed by the Urban Improvement Trust, Jodhpur as well as Tehsildar, Urban Improvement Trust, Jodhpur against the judgment and decree dated 8-12-1995 passed by the learned Additional District Judge, No. 3, Jodhpur in Civil Appeal No. 24 of 1994 whereby he refused to condone the delay under Section 5 of the Indian Limitation Act and dismissed the appeal on the ground of limitation. 2. Brief facts necessary for disposal of the instant second appeal are that plaintiff-respondent Poonam Chand filed a Civil Suit No. 138/94 for permanent injunction over the disputed land measuring 6825 Square Yards situated in city of Jodhpur. The aforesaid suit was decreed by the learned trial Court on 12-9-94 but as the counsel engaged on behalf of the defendant-appellants did not inform about the judgment and decree dated 12-9-94 passed by the learned trial Court, therefore, an appeal could not be filed by the defendant-appellants within limitation. 3. Af...
Tag this Judgment!State of Rajasthan Vs. Baxa Ram
Court: Rajasthan
Decided on: Feb-03-1997
Reported in: 1997CriLJ1430; 1997WLC(Raj)UC644
A.S. Godara, J.1. This appeal, by leave, has been preferred against the judgment and order of acquittal dated 29-6-1979 passed by the learned Sessions Judge, Merta in Sessions Case No. 57/78 thereby acquitting the accused-respondent of offences punishable under Sections 447 and 376, I.P.C.2. Briefly stated, the prosecution story is that P.W. 8 Gheesa Ram, resident of village Jarao, lodged Ex. P. 6 written report at the Police Station, Padukalan on 21-2-1978 at 7 p.m. and it was alleged therein that P.W. 2 Smt. Gutki w/o Ramdeo, who is his son, went to his field situated in the out-skirts of the village wherein crops of wheat and grams were standing, at about 8 a.m. in the morning, to watch against any damage to the standing crops. When Smt. Gutki reached the 'mat' (border strip), accused-respondent came to her and he forcibly caught hold of her and she was felled to the ground and he committed sexual intercourse with Smt. Gutki against her will and without her consent. Smt. Gutki shout...
Tag this Judgment!Chander Mohan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-03-1997
Reported in: 1997CriLJ1777; 1997(2)WLC642; 1997(1)WLN430
ORDERRajendra Saxena, J.1. Notice was given to learned P.P. who has accepted the same.2. Heard. Perused the relevant record. A perusal of certified copy of the order of the trial Court dt. 10-7-95 indicates that the police submitted the challan against the accused petitioners for the offences under Sections 447, 323 and & 341/ 34, IPC. On 4-9-95 the learned trial Magistrate took cognizance against the petitioner for the said offences. On 20-11-95 and 17-7-96 the Presiding Officer was on leave. On 26-11 -96 an application for dropping the proceedings against them was filed by the petitioners in view of the directions-given by the Apex Court in Common Cause,' A Registered Society v. Union of India, 1996 Cri LR (SC) 430 : (1996 Cri. LJ 2380). On that day, the learned, A.P.P. and counsel for the, complainant prayed for short adjournment for filing the reply. On the next date a reply was filed. On 16-1 -97 the learned trial Magistrate after hearing the parties by impugned order judgment rej...
Tag this Judgment!Ram Chandra and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-03-1997
Reported in: 1997CriLJ2355
A.S. Godara, J.1. Both these petitions have been filed Under Section 439, Cr.P.C. in connection with the case arising ojut of one and the same F.I.R. No. 134/96 registered Under Sections 147, 148, 341, 307 and 302 read with Section 149, I.P.C. with the Police Station, Gotan and therefore, both these petitions are being disposed of by this common order.2. Presently stated, the prosecution story, as alleged in the F.l.R. lodged by Ram Niwas and as a result of investigation and after filing of the charge-sheet Under the aforesaid offences against the accused-petitioners and one Ram Prakash, is that the Ram Niwas (informant) accompanied by Ram Dayal and Mangi Lal, on 28-8-96 at about 6 p.m., after closing his shop situated in Gotal, was proceeding in his jeep towards his village and the jeep was driven by Ram Chandra (deceased). On reaching the bus stand of Gotan, it was found that the accused-petitioners along with six or seven more persons had parked their two tractors on both sides of t...
Tag this Judgment!Om Prakash Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-03-1997
Reported in: 1997(1)WLN310
Arun Madan, J.1. Heard learned Counsel for the parties at length. The controversy, which has arisen for consideration of this Court in the instant writ petition is as to whether the legal heir/dependent of the deceased Government servant is entitled to the benefit of appointment in Government service in accordance with the Rajasthan Recruitment of Dependents of Government Servants (Dying while in Service) Rules 1975 ('for short the Rules, 1975'), particularly when the death of the deceased father of the petitioner is itself in question and the same has not been proved beyond any shadow of doubt on the record?2. The facts giving rise to the filing of this writ petition briefly stated are that the petitioner's father is alleged to have suffered from mental disorder and had in that state of mind had applied for obtaining leave to the school authorities viz. Senior Higher Secondary School, Dhani Boraj, where he was employed as a teacher vide (Annexure-1) on the record.3. On perusal of the ...
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