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Rajasthan Court March 2001 Judgments

Mar 30 2001

Sarla and ors. Vs. Ashok Kumar Sharma and ors.

Court: Rajasthan

Decided on: Mar-30-2001

Reported in: II(2001)ACC574; 2003ACJ147; 2001(4)WLN22

Verma, J.1. The claimant is widow of Vijay Bhadur who on the date of accident i.e. on 17.2.1984 was of 51 years of age. He was a medical doctor by profession and was having a degree of MBBS. At the time of accident he was holding the post of Senior Administrator in the Government. Hospital of SMS at Jaipur.2. Claim application was filed by the widow and the parents. The deceased doctor had died when he was hit by a matador driven by one Ashok Kumar respondent No.1 bearing No. RNB 3422 coming from Jaipur towards Sanganer. The Tribunal had found the driver of the Matador to be rash and negligent. The deceased was crushed under the wheels. The Luna on which the deceased riding was damaged. The Tribunal had awarded an amount of Rs. 92,000/- only.3. The appellant had also filed a separate claim application. Both the claim applications were tagged together. However, the appeal has been filed only by the widow. The parents have been made party as respondents.4. For the reasons that enhancemen...

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Mar 30 2001

Bhanwara Ram and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-30-2001

Reported in: 2001CriLJ3230

Jagat Singh, J.1. This appeal has been filed under Section 374(2), Cr. P.C. against the judgment and sentence dated 20-1-1996 passed by Additional Sessions Judge, Nagaur. By the impugned judgment the learned Court below has convicted accused Sher Singh under Section 302, IPC and co-accused Bhanwara Ram alias Bhanwarlal and Pappu Singh under Section 302 read with Section 34, IPC and sentenced all of them imprisonment for life with a fine of Rs. 500/-. All these accused appellants have been convicted under Section 447, IPC also and were sentenced to undergo three months' rigorous imprisonment with a fine of Rs. 50/- each.2. Concise facts are that on 4-11-1994 at about 5.30 p.m. Pusaram PW-5 along with his mother PW-8 Gora Devi and wife PW-11 Rukma Devi along with Dhanna Ram were present in their field near about their dhani situated in the outskirts of village Ladia District Nagaur. All the three accused appellants Sher Singh, Bhanwara Ram and Pappu Singh came there armed with lathis and...

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Mar 30 2001

Mohit Through His Mother Geeta Devi Vs. Radha Govind Taluka

Court: Rajasthan

Decided on: Mar-30-2001

Reported in: 2002(5)WLC557; 2007(3)WLN654

Arun Madan, J.1. This is a civil revision petition assailing the order of the learned trial Court whereby it rejected application of Geetadevi mother and natural guardian of minor Mohit and thereby the trial court declined to interfere with appointment of Shri Satish Modi (Advocate) as court guardian of minor Mohit and further declined to the prayer of applicant to file additional written statement on minor Mohit having attained majority.2. Undisputed facts are that during pendency of a suit for eviction filed by plaintiff (respondent No.l), original defendant Vijay Narain Khandelwal had died and in his place his eight legal heirs were substituted and arrayed as defendants, out of whom Babulal defendant No. 1/1 had also died thereby his minor son Mohit (petitioner) besides his other legal representative including his wife Geetadevi were brought on record as defendant No. 1/1/1. Thereafter the trial court after keeping in view provisions contained in Order 32 CPC, appointed one Satish M...

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Mar 29 2001

Rajasthan State Road Transport Corporation, Jaipur Vs. Pista and Other ...

Court: Rajasthan

Decided on: Mar-29-2001

Reported in: II(2002)ACC568; 2003ACJ1783; 2002(1)WLC756; 2002(1)WLN266

ORDERPanwar, J.(1). This appeal is directed against the judgment and award dated 24th of March 1994 passed by the Motor Accident Claims Tribunal, Sojat, (hereinafter referred as 'the Tribunal' in short) in M.A.C.T. case No. 165/92 (102/90) whereby a sum of Rs. 2,00,000/- along with interest was awarded as compensation to respondent claimants No. 1 to 3 (hereinafter referred as 'the claimants No. 1 to 3 (hereinafter referred as 'the claimants' in short) and against Rajasthan State Road Transport Corporation (hereinafter referred as 'the Corporation' in short) and its diver respondent No. 4.) (2). The claim petition was filed by the widow of Prema Ram who died in a road accident at the age of 32 years for herself and for minor daughter and son aged about 5 and 3 years respectively. On 13.5.1990 at 8 P.M. while deceased Prema Ram and the Cart owner Bheeka Rarn were sitting over a bull-cart which was parked off the road leading from 'Bar to Hajiwas'. One Sura Ram went to fetch water from P...

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Mar 29 2001

Madarshah Taiyabiya Society, Udaipur Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-29-2001

Reported in: 2001(2)WLN216

Shethna, J. (1). Madarsah Taiyabiah Society of Udaipur filed S.B. Civil Writ Petition No. 4084/94 before this Court under Article 226 of the Constitution and prayed that the impugned order at Annex. 13 dated 19.7.94 be quashed and set aside. (2). The petitioner is a registered society. It is running school having about 1800 students in the school building which according to it was a very small one, therefore, they wanted some more land for extension of the school building. Accordingly, it approached the Collector, Udaipur who in turn recommended to the Secretary, Urban Improvement Trust on 30,6.72 (Annex. 1) for allotment of land to the petitioner. By a resolution dated 24.5.84, the U.I.T. Udaipur also recommended the allotment of land to the petitioner and accordingly, wrote a letter dated 10.10.84 (Annex. 2) to the State Government. In turn, the State Government directed U.I.T. to allot the land to the petitioner by its letter dated 3.1.85 (Annex. 3). Consequent thereof, the U.I.T. a...

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Mar 29 2001

Satya Pal Chandrodaya and ors. Vs. Reserve Bank of India

Court: Rajasthan

Decided on: Mar-29-2001

Reported in: 2001(4)WLC707; 2001(4)WLN475

Verma, J.1. The petitioner is a graduate having another (1999 Lab. I.C. 2285)3. Shankar v. Reserve obtained his B.A. Degree in the year 1996. A requisition was sent India (Writ Petition No. 2690/1999 decided on 26.4.2000) through Employment Exchange vide Annexure-5 for filling up the post of Pharmacist with a minimum eligibility qualification to be Matriculation or any other equivalent qualification with a certificate of Nursing Course or Diploma in Pharmacy. The petitioner was possessing all the qualifications. The name of the petitioner was also sponsored by the Employment Exchange for consideration, however, because of the condition in the requisition that the names of graduates were not to be considered and by the time interview letter was sent and at the time of appearing in the interview, he had cleared the degree examination, his interview was not taken on 11.9.1996 on the ground that he has now become the graduate. It is contended by the petitioner that at the time of his appli...

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Mar 29 2001

Chhaju Ram (Since Dead) Through L.R's Vs. Revenue Appellate Authority ...

Court: Rajasthan

Decided on: Mar-29-2001

Reported in: 2002(1)WLC763

Sharma, J.1. Application for bringing the legal representatives of deceased petitioner Chhaju Ram stands allowed and Shri Gulab Chand son of Chhaju Ram and Smt, Gyarsi daughter of Chhaju Ram are substituted as petitioners. Amended cause title has already been filed. I have heard the rival submissions on merit and perused the material on record.2. Contextual facts depict that the Gram Panchayat Pacheri Kalan Tehsil Khetri Distt. Jhunjhunu (respondent No.2) issued patta of land in dispute in favour of respondent No.3 Net Ram on October 22, 1975. Thereafter on August 20, 1980 the petitioner Chhaju Ram made an application to respondent No.2 with a request to issue patta of land in dispute to him. Sarpanch of respondent No.2 issued general notice on August 25, 1980. Chhaju Ram on August 25,1980 wrote to the Sarpanch that Net Ram forcibly filled the foundations of the land in question therefore action be taken against him. Sangram Singh, the Sarpanch of Gram Panchayat Pacheri Kalan on Septem...

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Mar 29 2001

Babu Lal Vs. State Bank of Bikaner and Jaipur and ors.

Court: Rajasthan

Decided on: Mar-29-2001

Reported in: (2002)ILLJ145Raj; 2001(3)WLC59

Gyan Sudha Mishra, J. 1. The petitioner herein has assailed the order dated June 30, 1998 passed by the Department of Labour, Government of India (as contained in Annexure-3 to this writ petition) by which his application for initiation of reference of dispute under Section 12 of the Industrial Disputes Act, 1947 has been rejected.2. The facts of the case in so far as it is relevant for deciding the controversy raised herein are that the the petitioner Babu Lal had set up a sweets shop in front of the State Bank of Bikaner and Jaipur across the road from where he was supplying drinking water in pitchers after charging some money from the State Bank of Bikaner and Jaipur. An idea suddenly appears to have struck him that he could be treated as a workman under the Industrial Disputes Act, 1947 so as to claim regularisation of his services with the respondent-Bank and hence he filed a suit before the Civil Judge-cum-Judicial Magistrate-Gangapur city for regularisation of his services and a...

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Mar 29 2001

Chanan Singh and ors. Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Mar-29-2001

Reported in: 2001CriLJ3058

Sunil Kumar Garg, J.1. This appeal has been filed by the above-named accused appellants against the Judgment and order dated 20-9-2000 passed by the learned Addl. Sessions Judge No. 1, Hanumangarh Camp Sangaria in Sessions Case No, 15/96 (95/95) by which he convicted the accused appellants for the offence under Section 307/34, IPC and sentenced each of them to undergo seven years' RI and to pay fine of Rs. 5000/-, in default of payment of fine, to further undergo three months' RI. By the same Judgment, the accused appellants were acquitted of the charges under Sections 324/34 and 325/34, IPC and further, another accused Krishna Singh was acquitted of all the charges framed against him.2. It arises in the following circumstances :-On 27-9-1995 at about 11,30 p.m., PW6 Ramlal gave a Parchabayan Ex. P/10 before the SHO, Police Station Sangaria District Hanumangarh while he was admitted in the Hospital stating inter alia that at about. 8.00 p.m. his brother Nanakram, PW2 went to the shop o...

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Mar 29 2001

Ram Prasad Somani Vs. the Bank of Rajasthan Limited

Court: Rajasthan

Decided on: Mar-29-2001

Reported in: 2001(3)WLC517; 2002(1)WLN153

Prakash Tatia, J.1. The present appeal is arising out of the order dated 5.2.2001 passed by the Additional District Judge No. 2, Udaipur in Civil Misc. Case No. 6/2001 (16/2001), by which application for injunction of the plaintiff-appellant was dismissed by the court below.2. The facts of the present case are that the plaintiff-appellant filed a suit for declaration and injunction against the defendant-respondent Bank alleging therein that the defendant-Bank is working since last 50 years and having about 300 branches in main cities of entire India. Its registered office is situated at Udaipur in Rajasthan and the defendant-Bank is a company registered under the Companies Act.3. The plaintiff submitted that the plaintiff is holding 100 shares of the defendant-Company. The defendant-Company decided to offer a right issue for which a letter of offer was issued on 20.3.1999 by which total 4,48,55,480 equity shares were to be issued having value of Rs. 10/- each share with a premium of Rs...

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