Rajasthan Court April 2001 Judgments
Aravali Kshetriya GramIn Bank and anr. Vs. Presiding Officer, Central ...
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: [2002(93)FLR79]; (2002)IVLLJ76Raj; 2002(1)WLC296
J.C. Verma, J.1. The petitioner Aravali Kshetriya Gramin Bank (here-in-after referred to as the Bank) is challenging the award dated January 10, 1994 (Annexure-10) of the Central IndustrialTribunal in respect of respondent No. 3, Ramesh Chand Gupta. A reference was made to the Tribunal to adjudicate on the terms whether the action of the management of Aravali Kshetriya Gramin Bank, Sawal Madhopur in not considering Shri Ramesh Chand Gupta, daily wages workman for re-employment under Section 25-H of the Industrial Disputes Act, 1947 while engaging fresh hands is justified? If not, to what relief the concerned workman is entitled?2. The respondent No. 3 (here-in-after referred to as the workman) was initially appointed on October 6, 1986 as a messenger on daily wages. He was removed from service on February 22, 1987 without any notice or any retrenchment compensation. The grievance was made by the workman that his junior was still working and, therefore, there is violation of Section 25-...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Neela Devi and ors.
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2003ACJ586; 2001WLC(Raj)UC574
J.C. Verma, J.1. This misc. appeal has been preferred by United India Insurance Co. Ltd. against the award dated 20.12.93 passed by the Motor Accidents Claims Tribunal, Jaipur in Case No. 702 of 1991.2. The claim application was filed by respondent Nos. 1 to 5 as legal heirs of the deceased Paras Raj Shah who was travelling in car No. RJT 8133 on 16.3.1982, when the truck No. MRL 3995 being driven by respondent No. 6 had struck the car resulting in the death of said Paras Raj Shah. He was Director in Prem Cables. The driver was proceeded ex pane, owner of the truck had appeared in the court, but later on absented.3. The learned Tribunal had awarded an amount of Rs. 2,74,000 in favour of the claimant along with interest. The insurance company has filed the present appeal only on the ground that the maximum liability of the insurance company was restricted to an amount of Rs. 50,000 only and no enhanced liability could be fastened on the insurance company. The Tribunal was of the opinion...
Tag this Judgment!State of Rajasthan Vs. Daulat Singh
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2001CriLJ3464
Sunil Kumar Garg, J.1. This appeal has been filed by the State of Rajasthan against the judgment and order dated 10-12-1992 passed by the learned Munsif and Judicial Magistrate, 1st Class, Sirohi in Criminal Case No. 575/86 by which the learned Magistrate acquitted the accused-respondents for the offence under Sections 147,447 and 427, I.P.C.2. It arises in the following circumstances :(i) On 7-7-1986, at about 2 p.m., PW 6 Jabar Singh lodged a written report Ex. P. 8 in the Police Station, Kotwali, Sirohi, before PW 8 Sabal Singh stating that he had already made a report on 5-7-1986 against the accused respondents about theft and these accused persons again, in the night at 12, destroyed the crop of Bazri and thus, action be taken against them.(ii) On this report, the police chalked out a FIR Ex. P/9 and investigation was started.(iii) After usual investigation, a challan was filed against the accused persons in the Court of Magistrate for offences under Sections 147, 447 and 427, I.P...
Tag this Judgment!Arvind Kumar and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2001CriLJ4834
Sunil Kumar Garg, J1. Both appeal as well as criminal misc. petition are being decided by this judgment, as they arise out of common judgment and order dated 24.02.997 passed by the learned Sessions Judge, Jalore in Sessions case No. 25/93.S.B. Criminal Appeal No. 125/97 :--2. The abovenamed accused appellants have preferred the appeal No. 125/97 against the judgment and order dated 24-2-1997 passed by the learned Sessions Judge, Jalore in Sessions Case No. 25/93 by which he convicted and sentenced the accused appellants in the following manner : --_________________________________________________________________________Name of accused Convicted Sentence awarded appellants under Section to each accused appellant_________________________________________________________________________1. Arivind Kumar } (Husband of deceased) } 2. Sanwal Chand } 304B, IPC Ten years' (father-in-law of } rigorous deceased) } imprisonment. 3. Kanti Lal } (Jeth of deceased) } 4. Bhanwal Lal } -498A, IPC Three...
Tag this Judgment!Kalia Devi and ors. Vs. Kishan Lal Meena and anr.
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2003ACJ897
J.C. Verma, J.1. The appellants are the claimants/legal representatives of the deceased Mohan Lal who had filed the claim application before Motor Accidents Claims Tribunal, Jaipur, claiming compensation.2. The deceased had met with an accident on 4.12.1982 when the Matador No. RNB 2115 had hit him. The deceased was 30 years of age and was employed as a chowkidar in the Central Excise Department. At the time of death he was getting Rs. 550 p.m. as salary which was likely to be raised because of the report of the Pay Commission. They had claimed an amount of Rs. 1,54,000. The relevant issues in regard to accident, manner of accident and compensation were framed.3. The Claims Tribunal had awarded an amount of Rs. 1,37,000 on account of different heads, i.e., Rs. 1,20,000 because of loss of income, Rs. 5,000 for loss of consortium to the widow and Rs. 2,000 to each of the daughters, along with interest at the rate of 10 per cent per annum, however, insurance company was held liable to the...
Tag this Judgment!Yusuf @ Aladeen Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2007(3)WLN319
Jagat Singh, J.1. This jail appeal has been directed against the judgment dated 9.9.1997 passed by learned Sessions Judge, Merta in Sessions Case No. 17/95, by which accused appellant Yusuf @ Aladeen has been convicted for offence Under Section 302 IPC and sentenced to life imprisonment with a fine of Rs. 500/- and in default to undergo three months' rigorous imprisonment.2. Accused appellant Yusuf has stabbed his own nephew Sanu aged about five years on 13.5.1995 at 9.30 A.M. at the house of deceased because even at the age of 32 years he could not be married and wanted a bride in exchange of sister Khurshida PW-1. But deceased Sanu's mother got the marriage of Khurshida arranged with her own brother about a month before the occurrence. Khurshida PW-1 was the solitary witness of the occurrence who disclosed it to Salim sitting on his vegetable shop who came on the spot and took injured Sanu to the local hospital. But after first aid Sanu was referred to L.S.M. Hospital, Makrana for fu...
Tag this Judgment!Smt. Pushplata Thada and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2001(2)WLC560; 2007(3)WLN435
AR. Lakshmanan, C.J.1. These writ petitions raised a common question, as such, by consent of both the parties all the writ petitions were taken up for final hearing and are being decided by this common order.2. Writ Petition No. 3661/1996 was filed to quash and set aside the circular dated 27.7.1995 and recovery order dated 26.6.1996. A further prayer to restrain the respondents from taking any action against the petitioner in pursuance to the said order/circular was also made. The contentions of the petitioner is that the petitioner came to be recruited through a duly constituted selection body as Teacher Gr. HI and that the petitioner was confirmed and, therefore, she is a substantive government employee serving under the respondents. The petitioner was regularly granted benefits of salary, payable allowances, annual grade increments and benefit of revision in pay scale as and when the pay scale was revised. Thus, being a substantive Government employee, the petitioner is receiving a...
Tag this Judgment!State of Rajasthan Vs. Daya Ram
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2007(2)WLN712
V.G. Palshikar, J.1. Criminal appeal No. 319/1985 is filed by the State against the acquittal of Daya Ram whereas criminal appeal No. 132/1985 is filed by the accused Chetan Ram, both of them having been prosecuted under the Prevention of Corruption Act, 1947. At the relevant time, Daya Ram was working as Revenue Inspector and Chetan Ram as Patwari. It is alleged that they demanded and accepted bribe of Rs. 500/-. The defence being that, it was paid towards rent of land.2. With the assistance of the learned counsel for the appellant and the learned Public Prosecutor for the State. I have scrutinised the record and reappreciated the evidence on record.3. The prosecution story as it emerges from reappreciation of the evidence is that; on 21.5.1978 a written report was submitted by P.W. 3 Vedhraj and P.W. 6 Mewa Ram to the Dy. S.P., Anti Corruption Department, Barmer. As per this report, the accused Chetan Ram, Patwari and Daya Ram, Revenue Inspector demanded bribe of Rs. 1000/-in connect...
Tag this Judgment!Tejpal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2001(3)WLC457; 2007(3)WLN87
B.J. Shethna, J.1. This is a peculiar case where the co-accused is charged by the learned Special Judge for the offence punishable Under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, whereas the main accused Dinesh Dutt Joshi Assistant Engineer was discharged. Before framing the charge against the present accused petitioner, the learned Special Judge passed a detailed reasoned order dated 10.12.1993 whereby he held that no charge can be framed against the main accused but there is a sufficient material on record to frame the charge against the accused petitioner who was clerk cum cashier of R.S.E.B. This impugned order is challenged in this petition by the petitioner accused.2. Learned Counsel Mr. Bora for the petitioner vehemently submitted that when the learned Special Judge himself discharged the main accused, then the present petitioner, who was merely a co-accused, cannot be charge-sheeted for the aforesaid offences. He has conceded the fact that if the...
Tag this Judgment!Jabbar Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: 2002(2)WLN117
V.G. Palshikar, J.1. This appeal is filed by the accused-appellant challenging the judgment dated 9.9.1985 passed by Additional Sessions Judge, Rajsamand in Sessions Case No. 38/1984 convicting the accused appellants under Section 307 I.P.C. and sentencing him to suffer R.I. for four years on the grounds mentioned in the memo of appeal and as also verbally canvassed before me.2. With the assistance of the learned Counsel for the accused-appellant and learned Public Prosecutor I have scrutinised the record and reappreciated the evidence on record.3. The prosecution story as it emerges from Rreappreeiation of the evidence on record is that; on 20.6.1984 in the afternoon at about 2:00- 3:00 PM, Girvar Singh and Shel Singh were coming from the field, at that time near the Dobari-Ke-Dhora, five persons and Bhanwar Singh with the intention to beat Girvar Singh collected and beat Girvar Singh and his brother Vensingh, as a result of which Girvar Singh and Ven Singh received injury by blunt we...
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