Rajasthan Court July 1997 Judgments
Gopal Kanwar and ors. Vs. Darbara Singh and ors.
Court: Rajasthan
Decided on: Jul-25-1997
Reported in: 1999ACJ1013
D.C. Dalela, J.1. In a motor accident that took place on 7.5.1990 involving truck No. RRB 4467 which is alleged to have been driven negligently and rashly by the respondent No. 1, one Om Prakash Singh was hit and died as a result of the injuries sustained in the accident. The vehicle belongs to the respondent No. 2 and it was insured with the insurance company, respondent No. 3. The widow of the deceased and his parents moved a claim petition before the learned Motor Accidents Claims Tribunal, Jaipur (for short 'the Tribunal') for the award of a total compensation of Rs. 14,40,000. The learned Tribunal after receiving evidence and hearing both the sides, awarded a total compensation of Rs. 2,21,200 only. Feeling aggrieved by the amount of compensation awarded, the claimants-appellants have preferred this appeal. At the time of accident, the deceased was stated to be 25 years of age. The learned Tribunal has assessed his income to be Rs. 1,800 per month and dependency of the claimants a...
Tag this Judgment!Tej Singh Vs. S.T.A.T. and anr.
Court: Rajasthan
Decided on: Jul-25-1997
Reported in: 1997(3)WLC578; 1997(2)WLN141
B.J. Shethna, J.1. Heard the learned Counsel for the parties.2. Petitioner Tej Singh has filed this petition in his capacity as president of Bidasar-Degana Yatri Parivahan Association under Article 226 of the Constitution and prayed that the impugned orders passed by the R.T.A., Ajmer dated 12.2.92 (Annex. 16) and the order dated 18.6.92 (Annex. 17) passed by the S.T.A. Tribunal, Jaipur be quashed and set aside.3. This petition is labelled as a petition under Article 226 of the Constitution of India but strictly speaking it is a petition under Article 227 of the Constitution of India. Mr. Arora, learned Counsel for the petitioner requested that this petition be treated as a petition under Article 227 of the Constitution and the same may be decided accordingly. Even if this petition is treated as a petition under Article 227 of the Constitution then also after going through the impugned orders passed by the R.T.A and S.T.A., I do not find any substance in this petition. No error much le...
Tag this Judgment!State of Rajasthan and ors. Vs. Sharvan Kumar and ors.
Court: Rajasthan
Decided on: Jul-25-1997
Reported in: 1998(1)WLC79; 1997(2)WLN151
B.R. Arora, J.1. This appeal is directed against the judgment dated 5.3.97 passed by the Hon'ble Chief Justice, by which the Hon'ble Chief Justice allowed the writ petition filed by the petitioner and directed the respondents to consider the case of the writ petitioner for employment in accordance with law over-looking the factum of the writ petitioner having crossed the upper age limit as a special case.2. Respondent Shravan Kumar's father Shil Jograj was working as a Jamadar (Watchman) with the Krishi Upaj Mandi Samiti, Rani. While in service, Shri Jograj died on 17.3.95. Shravan Kumar, being the only son of deceased Jograj and was unemployed, applied for his appointment on the post of Class IV employee in the Mandi Samiti, Rani under the Rajasthan Recruitment of Dependants of Government Servant Dying While in Service Rules, 1975, on compassionate ground. The appointment of Shravan Kumar was refused on the ground that he has crossed the upper age limit and being 38 years of age, he i...
Tag this Judgment!Asulal and ors. Vs. the Board of Revenue and ors.
Court: Rajasthan
Decided on: Jul-25-1997
Reported in: 1998(1)WLC202; 1997(2)WLN357
B.J. Shethna, J.1. The petitioner No. 3 Shri Mohd. Ali s/o Shri Gafur filed a suit under Section 88 and 188 of the Rajasthan Tenancy Act in 1970 for the declaration of Khatedari rights for 209 Bighas land of Khasra No. 216 situated in village Gangola on the ground that though the same was cultivated by him for a long time but the Khatedari rights of the land were not recorded in his name. Suit of 1970 came to be decreed by the Assistant Collector, Banner on 28.4.70 (Annex. 1) for 100 Bighas instead of 209 Bighas and he was declared as Khatedar of the land and the defendants were restrained from interfering with the cultivatory possession of Mohd. Ali. Aggrieved by the part of the judgment and decree passed by the Assistant Collector of declaring him as a Khatedar of 100 Bighas land instead of 209 Bighas, Mohd. Ali preferred an appeal which was dismissed by the R.A.A. on 31.8.79 (Annex. 2). Second appeal preferred by Mohd. Ali before the Board of Revenue was dismissed on 21.4.86 (Annex....
Tag this Judgment!The Managing Director Sri Ganganagar Sahakari Spinning Mills Ltd. Vs. ...
Court: Rajasthan
Decided on: Jul-25-1997
Reported in: 1997(3)WLC561; 1997(2)WLN340
J.C. Verma, J.1. Rajendra Pal Kukar respondent workman in the present case was initially appointed with effect form 25.8.1981 as Junior Engineer for one month and later on vide order dated 26.10.1981 he was awarded the regular pay scale of Junior Engineer under the Rajasthan Service Rules and he continued to work in the job. There was nothing adverse against him; He was removed from service on 25.4.1985 without any cause it is so alleged by the workman. It is stated that his work had time and again been commended during this period. The workman was interviewed on 6.7.1984 and was selected for the same post and was allowed to continue and appointed vide letter dated 1.8.1984 on the post of Junior Engineer on certain conditions which the workman did not agree for the reason that the he was in continuous service from 1981 and, therefore, there was hardly any necessity to put any conditions on him by issuing a fresh appointment order. He had fallen ill and was under treatment from 5.2.1985...
Tag this Judgment!Jitendra Singh @ Jai Singh Vs. Shri Islam and anr.
Court: Rajasthan
Decided on: Jul-25-1997
Reported in: I(2000)ACC34
D.C. Dalela, J.1. Heard.It is alleged that on 14.2.1992, Bus No. RRM-1083, driven negligently and rashly by its driver, hit the appellant-claimant, as a result of which, his leg was amputated. He preferred a claim-petition before the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur, which, after receiving the evidence and hearing both the sides, awarded a total compensation of Rs. 54,000/-. Feeling aggrieved by the amount of compensation, the appellant has preferred this appeal for its enhancement.2. From the judgment and award of the learned Tribunal, it is evident that as a result of the accident, the left leg of the claimant-appellant was cut off and amputated and he sustained a permanent disablement of 55 per cent.3. The learned Tribunal has awarded Rs. 4,000/- on account of pecuniary damages - the expenses which the appellant-claimant incurred on his treatment, medicines etc. A sum of Rs. 50,000/- has been awarded on account of non-pecuniary damages for the loss of amen...
Tag this Judgment!All Rajasthan Bus Owners' Association, Jodhpur Vs. State of Rajasthan ...
Court: Rajasthan
Decided on: Jul-24-1997
Reported in: AIR1998Raj111; 1997(2)WLN116
ORDERB.J. Shethna, J. 1. The petitioner -- All Rajasthan Bus Owners' Association has filed this writ petition through its Secretary Shri Mehar M. Siddique resident of Jodhpur and challenged the impugned notification dated 21-12-1989 (Annex. 2) issued by the Govt. of Rajasthan and it is prayed that the same may be declared ultra vires to the notification dated 12-6-1989 issued by the Central Government. It is also prayed that the State Govt. may be prohibited in implementing the impugned notification dated 21-12-1989. It is further prayed that the State Govt. be directed to register the vehicles in accordance with the procedure as laid down by the Central Govt. vide notification dated 12-6-1989 issued under the powers conferred under Section 41(6) of New Motor Vehicles Act, 1988, This petition has been filed a public interest litigation petition. Before coming to the merits of the case and the contentions raised by learned counsel Miss Padmini Rathore on behalf of the petitioner, I must...
Tag this Judgment!Hanuman Sant and ors. Vs. Madan Lal and ors.
Court: Rajasthan
Decided on: Jul-24-1997
Reported in: 1998ACJ918
D.C. Dalela, J.1. It is alleged that on 2.4.1990 at about 11.45 a.m., the deceased Ram Kishore, a young 16-17 years old boy was going to school and he was hit by jeep RJ-14-9211 driven rashly and negligently by its driver. As a result of the accident, the said boy died. A claim petition was preferred before the learned Motor Accidents Claims Tribunal, Jaipur, which after receiving the evidence and hearing both the sides, has awarded a compensation of Rs. 58,000/- only. Feeling aggrieved thereby, the appellants-claimants have preferred this appeal for enhancement of the amount of compensation. From the perusal of the judgment and award of the learned Tribunal, it is evident that the deceased was 16-17 years old and was a student of 8th standard when he died in the accident.2. In the case of Haji Zainullah Khan v. Nagar Mahapalika, Allahabad 1994 ACJ 993 (SC), the Hon'ble Supreme Court awarded a compensation of Rs. 1,50,000/- on the death of a 20 years old student who was hit by a truck....
Tag this Judgment!The State of Rajasthan and ors. Vs. Khumana Ram and ors.
Court: Rajasthan
Decided on: Jul-24-1997
Reported in: 1997(2)WLN115
R.R. Yadav, J.1. In the aforesaid three revisions common questions of law and facts are involved therefore, it would be expedient to dispose them of by a composite order.2. Heard.3 Perused the order passed by the learned Single Judge holding that against the orders impugned no revisions are maintainable. It is found by the learned Single Judge in his order dated 10.7.1997 that second appeals are maintainable against the orders impugned.4. Taking into account all the facts and circumstances, the learned Single Judge directed the office to list before me for consideration whether conversion of these revisions into second appeals should be permitted or should not be permitted. The basic question would be whether a second appeal lies under Section 100 CPC against a decree passed in appeal by any court subordinate to the High Court or against a judgment. Here in the present cases these revisions have been filed against the judgments, not accompanied with the decrees therefore, the present r...
Tag this Judgment!Father Raymond Coelho Vs. Labour Inspector, Office of Regional Joint L ...
Court: Rajasthan
Decided on: Jul-24-1997
Reported in: 1997(2)WLN118
Mohd. Yamin, J.1. This is a petition under Section 482 Cr. P.C. for quashing the proceeding drawn in Cr. Complaint No. 515/95, Labour Inspector v. Fr. Raymond Coelho and Anr. pending before the court of Munsif and Judicial Magistrate No. 8, Jaipur City, Jaipur.2. I have heard the learned Counsel for the petitioner as well as learned PP at length.3. Brief facts are that the Labour Inspector, Jaipur submitted a complaint before the Magistrate against St. Ansel's Pink City School (Roman Catholic Diocesan Education Society, Ajmer), Malviya Nagar, Jaipur with the allegations that the petitioner was an undertaking to which the provisions of Motor Transport Workers Act, 1961 (in short 'the Act of 1961') applied and the petitioner was an employer/Manager of the undertaking. It was further alleged that on 13.3.95 the Inspector made an inspection and found violations of different provisions of the Act of 1961 and the Rules made under it. As a result the petitioner was prosecuted for offence Unde...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »