Rajasthan Court December 1998 Judgments
Dr. Vineet Singh and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-22-1998
Reported in: AIR1999Raj187; 1999(1)WLC667
ORDERJ.C. Verma, J.1. The petitioners having passed their M.B.B.S. examination and after completing the requisite internship are eligible for admission to various Post-Graduate Courses being conducted in different disciplines of Medical Science for the Medical Colleges in the State of Rajasthan. The Pre-P.G. Entrance Examination is held for admission to such courses by the University of Rajasthan. The petitioners are aggrieved in regard to increase of reservations of in-service candidates from 25% to 50% and also of decreasing the qualifying marks for being selected in P.G. Course from 50% to 33% in the Pre-P.G. Entrance Examination in the year 1998 for admission to M.D./M.S./Diploma Course.2. The University of Rajasthan had laid down the eligibility conditions for the said entrance test as mentioned in Ordinance 278-E to 278-G framed by the University. Certain reservations were mentioned therein i.e. (i) 25% of the total seats (irrespective of other reservations made thereunder) were ...
Tag this Judgment!Allahanoor Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-22-1998
Reported in: 1999(1)WLN74
B.S. Chauhan, J.1. The instant writ petitions have been filed for seeking a direction to the respondents to fill-up the posts of Bhistis as per the Rules and to issue a further direction to restrain the respondents from filling-up the remaining twenty-two vacant posts of Safai-Karims by appointing persons as Sweepers till the corresponding appointments on the posts of Bhistis are not made.2. The facts and circumstances giving rise to these cases are that 125 posts of Safai-Karmis were sanctioned by the State Government in the respondent Municipal Council, Pali, vide order dated 31.7.1997 and it appears that these posts were advertised by issuing advertisement in the local news-papers and a large number of persons, including the petitioners, had applied for the said post. The selection process was over and out of 125 vacancies, 103 posts have already been filled-up. The petitioners could not succeed to get appointment and hence they have approached this Court by filling these writ petit...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Rattan Singh Gehlot and anr.
Court: Rajasthan
Decided on: Dec-18-1998
Reported in: AIR1999Raj117
Bhagwati Prasad, J.1. By this judgment I propose to decide these two appeals arising out of the arbitration award given by the arbitrator appointed in relation to contract agreement No. CEZ/JOD/20/D.F./1985-86. In relation to the appointment of the arbitrator there 'was some litigation and ultimately by the orders of this Court the appointment of the arbitrator was upheld. A challenge to the upholding of the appointment of the arbitrator is still pending before the Hon'ble Supreme Court. However, in the meantime the present appeals have become ripe for hearing and, therefore, they are being decided by this judgment.2. The arbitration award was filed in the Court of learned Additional District Judge No. 3, Jodhpur. Before the learned Additional District Judge, the objections were filed by the Union of India under Ss. 30 and 33 of the Arbitration Act. The contractor contested by the objections andafter considering the case of the parties, the learned Additional District Judge No. 3, Jodh...
Tag this Judgment!Rajasthan State Road Transport Corporation and ors. Vs. Industrial Tri ...
Court: Rajasthan
Decided on: Dec-18-1998
Reported in: (1999)IIILLJ1127Raj
ORDERB.S. Chauhan, J.1. Both these writ petitions have been filed against the impugned Award dated February 14, 1990 passed by the respondent No. 1 Tribunal while deciding the reference dated December 5, 1987 whether the services of workman Mr. Devkinandan had been terminated in accordance with law and if not to what relief he was entitled for.2. The facts and circumstances giving rise to these cases are that Mr. Devkinandan, who is a respondent-workman is S.B. Civil Writ Petition No. 2885/1990 and petitioner in S.B. Civil Writ Petition No. 4568/1990, had been appointed temporarily as a Conductor with the Rajasthan State Road Transport Corporation (for short, 'the Corporation') and on four occasions he had been given a charge-sheet and after holding the full-fledged enquiry he was found to be guilty of various delinquencies and punishment had been awarded to him. The appeals fifed by him had already been finalised. However, the impugned order relates to an incident which occurred on Oc...
Tag this Judgment!Omprakash Vs. State
Court: Rajasthan
Decided on: Dec-18-1998
Reported in: 1999CriLJ1987; 1999(1)WLC408
V.G. Palshikar, J.1. Being aggrieved by the judgment and order of conviction passed by the Additional Sessions Judge, Nagaur, in Sessions case No. 43/97 on 8-9-1993, convicting the accused under Section 302, IPC, to suffer imprisonment for life, the appellant has filed this appeal. He has preferred this appeal on the grounds mentioned in the memo of appeal as also orally canvassed before us.2. Facts giving rise to the prosecution are stated briefly that a First Information Report was lodged in the Police Station, Khinvsar on 14-5-1992 by one Nenuram, stating that at about 11 -00 a.m., on that day, he heard that one Omprakash has killed Shivpyari, his wife, due to old quarrel. Thereafter, investigation was conducted. The accused was arrested and the prosecution commenced. The prosecution has examined 22 witnesses during the trial to prove its case along with certain documents which were duly proved. On appreciation of this oral and documentary evidence, the learned Additional Sessions J...
Tag this Judgment!Basanti Lal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-17-1998
Reported in: 1999CriLJ4934; 1999WLC(Raj)UC180
Bhagwati Prasad, J.1. The present appeal arises out of the judgment of the learned Additional Sessions Judge No. 1, Chittorgarh dated 22-7-1997 passed in Sessions Case No. 81/ 96 whereby the accused appellants was convicted under Sections 302, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 500/-and in default to further undergo one month's R.I.2. The accused appellants are brother in-laws of the deceased Smt. Badam Bai. They were tried by the learned Additional Sessions Judge for committing the murder of Smt. Badam Bai.3. The learned Additional Sessions Judge examined 23 prosecution witnesses. P.W.1 Anita, daughter of the deceased, P.W. 2 Basanti Bai and P.W. 3 Sohani Bai neighbours who were the alleged eye-witnesses of the occurrence turned hostile and have not supported the prosecution. Not only these witnesses but also almost all the prosecution witnesses, who could depose anything against the appellants, have not deposed against the appellants. The learned A...
Tag this Judgment!Ekta Khaitan Vs. Sita Ram and ors.
Court: Rajasthan
Decided on: Dec-17-1998
Reported in: 2000ACJ744
D.C. Dalela, J.1. A claim petition was filed by the claimant-appellant on account of the serious injuries sustained by her in a motor accident on 4.10.92. It is alleged that the appellant was going in a bus and the drivef of the bus, respondent No. 1 was driving the same rashly and negligently. Consequently, it collided with the truck coming from the opposite direction. In the accident, she sustained serious injuries. Her right leg and right middle finger were amputated. She sustained fractures in both the thigh-bones and left leg bone, and received deep cuts on her forehead and face, which disfigured her face. According to her, she has suffered permanent disablement. Her social life and marriage prospects have been badly affected. The learned Motor Accidents Claims Tribunal, Ajmer (for short 'the Tribunal') awarded a sum of Rs. 97,213.62 as pecuniary damages and Rs. 1,85,000 as non-pecuniary damages. Thus, an award of total compensation of Rs. 2,82,213.62 has been passed. Feeling aggr...
Tag this Judgment!Bhoja Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-16-1998
Reported in: 1999CriLJ1003
V.G. Palshikar, J.1. Being aggrieved by the judgment and order of conviction passed by the learned Addl. Sessions Judge, Phalodi in Sessions Case No. 10/95 on 28-9-96, the appellant named above has preferred this appeal on the ground mentioned in the memo of appeal.2. Facts giving rise to this appeal stated briefly are that on 24-12-94 in the night intervening between 23rd and 24th of December, 1994, one Bhagirath was found assaulted and dead and therefore, police were called. The first information report No. 98/94 was registered in relation to this happening on 24-12-94 itself and investigation commenced.3. Thereafter, the police came on site and sent the dead body for post-mortem which was conducted on 24-12-94 itself. It was opined by the Doctor performing the post-mortem that death of Bhagirath was caused due to severe bleeding through the injuries caused to him on the head and stomach. On the same day, therefore, the dead body was handed over to Bhoja Ram, the father of the deceas...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Nathu Ram and ors.
Court: Rajasthan
Decided on: Dec-15-1998
Reported in: 2000ACJ499; 1999WLC(Raj)UC185
D.C. Dalela, J.1. The claimant-respondent Nos. 1 to 4 preferred a claim petition before the Motor Accidents Claims Tribunal, Alwar, under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called, 'the Act'), for the alleged loss suffered by them on account of death of Taradevi, who died in the accident that took place on 16.3.96. Along with the claim petition, the claimants also filed an application under Section 163A of the Act, for interim compensation. In the claim petition, the claimants alleged that the accident took place due to negligence of the driver and owner of the motor cycle in question, which was insured with the petitioner insurance company. The learned Tribunal, vide its order dated 18.11.1996, awarded a compensation of Rs. 99,300 in favour of the claimants, as interim compensation, under Section 163A of the Act. Feeling aggrieved thereby, this writ petition has been preferred.2. I have heard the arguments of both the sides.3. The contention of learned counsel fo...
Tag this Judgment!Shanker Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-11-1998
Reported in: 1999CriLJ1783
V.G. Palshikar, J.1. The Criminal Appeal No. 167 of 1991 is directed against the order passed by the learned Additional Sessions Judge, Bhilwara, dated 29-4-91 convicting the accused-appellant under Section 302 of the Indian Penal Code in Sessions Case No. 38 of 1990. Criminal Appeal No. 146 of 1992 also challenges the same order in so far as it acquits the other accused persons. The facts giving rise to these appeals, stated briefly are as under.2. On February 27, 1990 there was a quarrel between the accused and the deceased and the accused persons fatally assaulted the deceased with four others, and, therefore, the deceased died a homicidal death. After due investigation prosecution was launched under Section 302 read with Sections 34, 147, 148 and 149, IPC against five accused persons. The learned Additional Sessions Judge on appreciation of the evidence on record came to the conclusion of guilt only against Shanker and proceeded to convict him under Section 302, IPC and sentenced h...
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