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Rajasthan Court September 1997 Judgments

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Sep 11 1997

Kulwant Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Sep-11-1997

Reported in: 1998CriLJ745; 1998WLC(Raj)UC264

S.C. Mital, J. 1. Appellant Kulwant Singh and Sumer Singh (since acquitted) were tried for the offence under Section 8 read with Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred 'N.D.P.S. Act') by learned Special Judge, N.D.P.S. Cases, Sri Ganganagar in Sessions Case No. 30/93. The appellant Kulwant Singh was held guilty for the aforesaid offence and sentenced to 12 years' rigorous imprisonment and Rs. one lac fine else to further undergo rigorous imprisonment for one year. Sumer Singh alias Shera was acquitted of the charge by the same judgment. Feeling aggrieved by the aforesaid judgment of conviction and sentence, this appeal has been preferred by Kulwant Singh accused.2. I have heard the learned Counsel for the appellant and the learned Public Prosecutor. The learned Counsel for the appellant has confined his arguments on two points only and therefore it is not necessary to narrate the prosecution case in detail. The learned Counsel for the...


Sep 11 1997

Chaitanya Singh Vs. Maharishi Dayanand Saraswati University and ors.

Court: Rajasthan

Decided on: Sep-11-1997

Reported in: AIR1998Raj129; 1997(3)WLC758; 1997(2)WLN464

Madan, J. 1. This special appeal filed under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the order dated 27-5-1997 passed by learned single Judge of this Court in S.B. Civil Writ Petition No. 2714/1997 whereby the said writ petition filed by the above named petitioner-appellant wasdismissed. 2. The facts which are relevant for decidingthe controversy between the parties briefly stated are that the appellant was admitted to B.Ed, course in the Government Teachers' Training College, Ajmer on the basis of merit after fulfilling the eligibility conditions as prescribed under the rules for the P.T.E.t. examination held by the respondent-University, Udaipur in the year 1990. Despite his persistent request he was not allowed to appear in the said examination conducted by the respondent-University w.e.f. 24-6-1991 and as a result he was constrained to file a suit for mandatory injunction in the Court of Munsif and Judicial Magistrate, Ajmer City (East) Ajmer whe...


Sep 11 1997

Dr. Jagdish Saini Vs. University of Rajasthan and ors.

Court: Rajasthan

Decided on: Sep-11-1997

Reported in: AIR1998Raj349; 1998(3)WLC740

ORDERGyan Sudha Mishra, J. 1. All the petitioners herein in the petitions referred to hereinabove, are Doctors holding a Bachelor's degree in medicine and Surgery and have put in more than five years of service in the State of Rajasthan as Civil Assistant Surgeon which has since been redesignated as medical Officer as per the Rajasthan Medical & Health Service Rules, 1963 (hereinafter referred to as the Rules of 1963). They have all sought a direction from this Court to the respondents to consider them for admission into the post-graduate course of Medicine/Surgery/Diploma course against the vacancies reserved for in-service candidates in accordance with their comparative merit without subjecting them to attain the minimum qualifying marks for admission into the said courses, which has been fixed at 50% for all categories of candidates and have further sought a direction to restrain the respondents from filling up the seats reserved for in-service candidates by allowing the seats of MS...


Sep 10 1997

Assistant Commercial Taxes Vs. Shri Vajaram

Court: Sales Tax Tribunal STT Rajasthan

Decided on: Sep-10-1997

Reported in: (1998)111STC1Tribunal

1. This application for revision filed under Section 7 of the Rajasthan Taxation Tribunal Act, 1995 read with Section 86 of the Rajasthan Sales Tax Act, 1994 in a matter under the Rajasthan Sales Tax Act, 1954 (old Act) and is directed against the order dated May 15, 1995 of the Rajasthan Sales Tax Tribunal (as the Rajasthan Tax Board, hereinafter referred to as "the Board", was then known) in Appeal No.625/93/ST/Sirohi rejecting the appeal of the present petitioner and upholding the order dated October 14, 1992 in Appeal No.47/RST/Sirohi/91-92 of the Deputy Commissioner (Appeals), Commercial Taxes, Jodhpur, upholding the appeal of the present respondent-driver and setting aside the order dated October 6, 1991 imposing the penalty of Rs. 12,960 under Section 22A(7) of the old Act on the dealer.2. This application for revision came to be heard by a two-Member Bench of this Tribunal comprising the honourable Chairman and the honourable Judicial Member. These two learned Members were una...


Sep 10 1997

Gajanand Mishra 'Manav' Vs. the Union of India (UOi) and Ors.

Court: Rajasthan

Decided on: Sep-10-1997

Reported in: 1997(3)WLC740; 1997(2)WLN454

N.K. Jain, J.1. In this Public Interest Litigation petition, filed on 27.3.1997, it is alleged that to celebrate 50th Anniversary of India's Independence, the respondent No. 1 sanctioned rupees 25 crores and rupees 1 crores have been distributed to various States. Rupees 1 crores has been provided to Regional Kendra, Jaipur-respondent No. 3 for preparing programmes produced as per the action plan circulated on 4.2.1997. The grievance of the petitioner is that no proper guidelines were framed by the Ministry of Information & Broadcasting, Government of India nor by the Director General, Doordarshan to execute the action plan, and without following existing prescribed procedure of preparing any panel of Directors, Artists, Writers and track record, the respondents have selected their own persons without any basis who have no knowledge and required experience in the field of telecasting such programmes and production. The respondents distributed the Government funds so allotted in the gar...


Sep 09 1997

Anop Singh Ratnu and ors. Vs. Maharshi Dayanand Saraswati University, ...

Court: Rajasthan

Decided on: Sep-09-1997

Reported in: AIR1998Raj54; 1998(1)WLC370; 1997(2)WLN441

ORDERP.P. Naolekar, J. 1. Since this petition and Schedule A petitions involve common questions of law and facts, therefore, they are being disposed of by this common order.2. In these batch of petitions, the petitioners have challenged the action of the respondent Maharshi Dayanand Saraswati University, Ajmer (hereinafter referred to as 'the University') authorised representative of the State Govt., issuing a corrigendum dated 23-5-97 to the advertisement of the notification inviting applications for entrance examination to Pre-Education Test, 1997.3. The University has been authorised and interested by Education (Gr. I) Department, Govt. of Rajasthan vide its letter No. 12(2) Shiksha-1/ 95 Part, dated 5-3-97 to conduct the test for B.Ed. and Shiksha Shastri for 1997-98 which are being conducted by the University from many a years. For admission to B.Ed./Shiksha Shastri Courses in various Teachers Training Institutions in the State of Rajasthan, a competitive test for selection of can...


Sep 09 1997

Babu Bhai and ors. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Sep-09-1997

Reported in: 1998CriLJ565

ORDERP.C. Jain, J. 1. The petitioners have filed this petition under Section 482, Cr. P.C. for quashing FIR No. 167 of 1997 dated 1-7-1997 of Police Station, Jalore, by which, a case under Section 13 of the Rajasthan Public Gambling Ordinance, 1949 was registered against them.2. The brief facts leading to this petition are that petitioner Babu Bhai submitted an application for grant of licence for dramatic performance and entertainment to the District Magistrate Jalore. After the issuance of the said licence, petitioner Babu bhai started a Stall for holding dramatic performance and entertainment. Thereafter, it is alleged that on 1-7-1997 at about 11-30 p.m. Circle Inspector Gopal Ramawal while patrolling the city happened to visit the stall of the petitioner and he found that the petitioner was conducting an Arrow Dart Game and many persons of the public were participating, it. In the FIR the Circle Inspector has described the manner in which this game was being played. A square woode...


Sep 09 1997

United India Insurance Company Limited Vs. Smt. Ladhu Devi and ors.

Court: Rajasthan

Decided on: Sep-09-1997

Reported in: 1998ACJ1411; AIR1998Raj49; 1998(1)WLC58; 1997(2)WLN447

M.G. Mukherji, C.J. 1. This special appeal arises out of a judgment and order dated May 17, 1996 passed by a learned single Judge of our Court in S. B. Civil Misc. Appeal No. 226/96 upholding the award dated 24-1-1996 as passed by the Motor Accidents Claims Tribunal, Phalodi in MACT Case No. 78/94 whereby the Tribunal passed an award of Rs. 1,08,150/- in favour ofthe claimants and against the present appellant-United India Insurance Company Limited and the owner of vehicle, the respondent No. 3 --Gurnam Singh.2. Before the learned single Judge, the appellant contended that since the deceased was a passenger in the vehicle which was a truck and the said truck was not authorised to carry, any passenger on payment of any fare and the insurance policy issued by the appellant-Insurance Company did not cover such type of risks, if the passenger died as a result of an accident, even though it is assumed that it was on account of rash and negligent act on the part of the driver, the appellant-...


Sep 09 1997

Shri Niwas Jhanwar Vs. Jethmal and ors.

Court: Rajasthan

Decided on: Sep-09-1997

Reported in: AIR1998Raj77; 1998WLC(Raj)UC41

M.G. Mukherji, C.J. 1. This special appeal preferred by Shri Niwas Janwar is directed against a judgment and order dated 28th April, 1997 passed by a learned single Judge of our Court in S.R. Civil Writ Petition No. 1713/97, whereby the learned single Judge dismissed the writ application holding inter alia that the Tribunal adjudicating the election petition was right in observing that the question whether the amount of security deposit was deposited in the treasury by both the election petitioners or not while filing the election petition is a mixed question of law and fact and should be decided at the time of final adjudication of the election petition. 2. In the writ application itself, the present appellant as writ petitioner challenged an order dated 10th March, 1997 as passed by the learned District Judge acting as the Election Tribunal observing inter alia that the issue as to whether the security for costs has not been deposited as per law and the election petition is liable to...


Sep 09 1997

Sudha Devi and ors. Vs. Rajasthan State Road Trans. Corpn.

Court: Rajasthan

Decided on: Sep-09-1997

Reported in: 1998ACJ941

D.C. Dalela, J.1. This is an appeal against the award dated 5.3.1994 of the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur, (for short 'the Tribunal'), passed in M.A.C.T. Case No. 1064 of 1991. The learned Tribunal has awarded a total compensation of Rs. 2,31,000/- to the claimants-appellants. This appeal has been filed for enhancement of the award. It is admitted by both the sides at Bar before me that the age of the deceased at the time of accident was 28. According to the Second Schedule of the Motor Vehicles Act, 1988, the multiplier at this age should be 18. The learned Tribunal has determined the multiplier as 15. Therefore, it requires to be 18.2. The learned Tribunal has determined the loss of dependency as Rs. 1,200/- p.m. The loss of dependency with reference to multiplier 18, would be Rs. 1,200/- x 12 x 18 = Rs. 2,59,200/-. The widow of the deceased is entitled to a compensation of Rs. 15,000/- on the account of loss of consortium and love, whereas the three ch...


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