Rajasthan Court April 2001 Judgments
Arihant Engineering Industries and anr. Vs. Smt. Sarita Srivastava
Court: Rajasthan
Decided on: Apr-26-2001
Reported in: II(2001)ACC399; 2001(4)WLC670
J.C. Verma, J.1. The appellant Arihant Engineering Industries had come up in the Misc. Appeal against the order dated 29.4.2000 passed by the Commissioner, Workmen's Compensation, Ajmer, the authorised Authority under the Workmen's Compensation Act.2. The Authority had passed an order on the claim filed by Sarita Srivastava; wife of Late Suresh Chand Srivastava who was a workman with the appellant. Late Srivastava (hereinafter called the workman) died while on duty when a stone flew from grinding machine, had hit him. The workman had died at the spot. The claim application was filed. The claim application was resisted by the present appellant on number of grounds even to the fact that he was not a workman as he was working only on daily wages or that he was a Beldar or that he was a temporary person. The claimant had even opposed the claim by saying that he has not suffered the injury during the course of employment. An FIR was also recorded and information was given to the Collector a...
Tag this Judgment!Ashok Kumar Solanki Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-25-2001
Reported in: 2001(4)WLN638
Verma, J.(1). The petitioner within a short period of his joining as a Constable was discharged from service on 1.2.1994 for being absent from duty without information from 11.9.1993 to 16.12.1993.(2). He had joined as Constable on 26.5.1993. He filed an appeal before the Deputy Inspector General of Police, the same was rejected. But the Director General of Police had accepted the appeal. The petitioner was allowed to be reinstated. The period from 11.9.1993 to 16.12.1993 was regularised by sanctioning him extraordinary leave without pay; But he was issued a memorandum of charge-sheet dated 27.7.1996 for initiating disciplinary proceedings against him under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 on the allegations that he was wilfully absent from 11.9.1993 to 16.12.1993 for 95 days. The allegations were denied; The enquiry officer was appointed. Witnesses were produced against the petitioner and even the petitioner had produced certain defence. En...
Tag this Judgment!Laxman Dan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-25-2001
Reported in: 2001CriLJ4501; 2002(5)WLC73; 2002(1)WLN440
Garg, J.1. This appeal has been filed by the accused appellant against the judgment and order dated 4.12.2000 passed by the learned Addl. Sessions Judge, Barmer in Sessions Case No. 27/99, by which he acquitted the accused appellant of the charges for the offence under Sections 342, 323 IPC, but convicted him for the offence under Section 376 IPC and sentenced him to undergo seven years Rl and to pay find of Rs. 2,000/-, in default of payment of fine, to further undergo RI for three monlhs.2. It arises in the following circumstances:-On 8.5.1999 at about 9.30 AM, PW 6 Durgaram lodged a written report Ex. P/5 before PW 16 Shanti Prakash, S.I. Police Station Bakhasar, District Barmer staling inter-alia that he hailed from village Tadla and his sister Mangi, PW4 (hereinafter referred to as the prosecutrix was living in the village with his mother, father and younger brother and he had gone to Dissa (Gujaral) for the purpose of doing labour work. !l was further slated in the report that he...
Tag this Judgment!Mohan Singh Vs. State
Court: Rajasthan
Decided on: Apr-25-2001
Reported in: 2007(3)WLN246
B.J. Shethna, J.1. It is a sad case that a young girl aged about 8 died in a vehicle accident which took place on 1.3.1978, for which both the courts below found the accused petitioner guilty for the offence Under Section 304 -A I.P.C. and sentenced him to suffer R.I. for one year and pay fine of Rs. 2000/-, in default to further under go two months imprisonment. If the fine was paid then Rs. 1500/- was ordered to be paid by way of compensation to the legal representatives of the deceased.2. In the instant case, both the courts below have clearly found that the road on which the accused was driving the bus was a very narrow one, it was over crowded with the people, therefore, but was going at a very very slow speed. While driving the bus the accused bus driver was blowing the horn continuously. At that time, Nikky Banu--girl aged about 8 years, who was doing shopping on the shop of Raju Ram dashed on the left side of the bus and fell down. She was taken to the hospital where she died. ...
Tag this Judgment!Sukhram Alias Shubhram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-25-2001
Reported in: 2001(3)WLC467; 2001(4)WLN260
Shashikant Sharma, J.1. Instant revision filed by petitioner is directed against the order dated 7.8.2000 passed by Additional Sessions Judge No. 2, Kishangarhbas, whereby cognizance was taken against the accused petitioner for offence under Sections 307, 326, 324, 323, 336, 341/34 IPC, on an application filed by complainant Satyavir under Section 193 Cr.P.C.2. Notices were issued. On behalf of complainant Mr. Amit Sharma, Advocate has appeared. Arguments were heard.3. Brief facts giving rise to this revision are that one Vikram Singh lodged an F.I.R. at the Police Station Mundawar, on 15.1.2000, wherein it was alleged that he, Satyaveer and Shyochand were sitting at their houses. At that time Beer Singh and Sukhram came and started abusing them. Beer Singh caught hold Satyaveer and Sukhram inflicted a Farsi blow on his head. On this report, Police registered a case and after usual investigation, challan was filed against Beer Singh only for the offence under Sections 307, 326, 324, 32...
Tag this Judgment!Kaila Devi Vs. Kishan Lal Meena
Court: Rajasthan
Decided on: Apr-25-2001
Reported in: II(2002)ACC606; 2002(1)WLC620
J.C. Verma, J.1. The appellants are the claimants legal representatives of the deceased Mohan Lai who had filed the claim application before the Motor Accident 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 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. He 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 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 daughter, along with interest 10% p.a., however, the Insurance Company has held liable to the tune of Rs. 50,000/- on...
Tag this Judgment!State of Rajasthan Vs. Murari Lal and ors.
Court: Rajasthan
Decided on: Apr-24-2001
Reported in: 2002(3)WLN261
Garg, J.1. This appeal has been filed by the state of Rajasthan against the judgment and order of acquittal passed by the learned Chief Judicial Magistrate on 11.10.99 in Criminal Case No. 214/91 by which the learned Magistrate acquitted the accused respondents for the offence under Sections 420, 467, 468, 471 and 120-B I.P.C. on the ground of non-production of evidence by the prosecution. 2. It arises in the following circumstances:(i) The case of the prosecution in short is that on 29.9.89, Shri Ram Singh, Sub Inspector, Vigilance, Jaipur camp Hanumangarh lodged a report with the Police Station Kotwali Hanumangarh Junction slating that the accused respondent Murari Lal in conspiracy with other accused respondents presented an application showing himself as Mani Ram S/o Ladu Ram Meghwal, resident of Rampura in the office of Roadways, Bikaner and impersonating himself as Mani Ram got service as conductor. (ii) On this report, a case was registered and investigation was commenced. (ii...
Tag this Judgment!State of Raj. Vs. Murari Lal and ors.
Court: Rajasthan
Decided on: Apr-24-2001
Reported in: 2002(3)WLN261
Sunil Kumar Garg, J.1. This appeal has been filed by the State of Rajasthan against the judgment and order of acquittal passed by the learned Chief Judicial Magistrate on 11.10.99 in Criminal Case No. 214/91 by which the learned Magistrate acquitted the accused respondents for the offence under Sections 420, 467, 468, 471 and 120B I.P.C. on the ground of non-production of evidence by the prosecution.2. It arises in the following circumstances:(i) The case of the prosecution in short is that on 29.9.89, Shri Ram Singh, Sub Inspector, Vigilance, Jaipur camp Hanumangarh lodged a report with the Police Station Kotwali Hanumangarh Junction stating that the accused respondent Murari Lal in conspiracy with other accused respondents presented an application showing himself as Mani Ram S/o Ladu Ram Meghwal, resident of Rampura in the office of Roadways, Bikaner and impersonating himself as Mani Ram got service as conductor.(ii) On this report, a case was registered and investigation was commenc...
Tag this Judgment!Maharaj Singh and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-24-2001
Reported in: 2001(2)WLC497
ORDERLakshmanan, C.J. (1) Heard the learned counsel for the respective parlies.(2). This appeal is preferred by the appellants 1 and 2 against the judgment dated 12.9.1997 passed by a learned Single Judge of this Court holding that the petitioner-appellants are not entitled to any relief. Accordingly, the writ petition was dismissed. The writ petition was filed by the appellants to quash the order dated 24.12.1993 and to reinstate them in service as substantive teacher Gr. Ill with all consequential benefits and to declare the decree of B.Ed. obtained by them from Ihe Avadh University, Faizabad in the year 1987 as legal and valid for all the purposes to come and for other incidental reliefs.(3). The case of the appellanls is that the appellant No. 1 Maharaj Singh passed his secondary school examination in the year 1975 and the higher secondary school examination in the year 1976. Thereafter he passed his B.A. and M.A. degrees in the years 1979 and 1981 from the University of Rajasthan....
Tag this Judgment!Smt. Sharmila Pandya Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-24-2001
Reported in: 2002(1)WLN244
ORDERPrasad, J. 1. The petitioner was given appointment as untrained teacher on 21.12.1988. Pursuant to appointment aforesaid, the petitioner worked upto 13.5.1989 when her services were terminated. The petitioner claims that presumably as per the decision of this Hon'ble Court and as per the directions of the Government of Rajasthan, the petitioner was sent for training by correspondence for the purpose of undergoing School Teaching Course specially meant for teachers appointed on contract basis. The petitioner underwent the course during the Sessions 1993-94 and 1994-95 and completed the training in the year 1995.(2). It is claimed by the petitioner that Administration Secretary, Panchayati Raj wrote to all the Chief Executive Officers of Zila Parishads, including Dungarpur by communication dated 9.12.1999 in relation to the appointment to contract/vocational education passed candidates. The communication has been produced herewith as Annex. 1. By this communication it was communicat...
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