Rajasthan Court August 2001 Judgments
Oriental Insurance Co. Ltd. (the) Vs. Uma Sharma and ors. (Smt.)
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: 2003ACJ821; 2002(1)WLC379
Keshote, J. 1. This petition under Article 227 of the Constitution is directed by the Oriental Insurance Company Ltd. though its Constituted Attorney, Jaipur against the final award Annex.3 dated 15.4.1999 in the claim petition filed by respondent Nos. 1 to 4. This matter has come up for preliminary hearing in the Court on 25.10.99. The Court has issued notice to respondent Nos. 1 to 4 to show cause as to why this petition may not be admitted. Thereafter the matter has come up for hearing on admission of the matter today. Learned counsel for respondent Nos. 1 to 4 raised a preliminary objection that this petition may not be entertained by this Court as the award which is challenged by the petitioner Insurance Company in this petition is appealable.2. Learned counsel for the petitioner on the other hand submitted that it is a case where the Motor Accident Claims Tribunal passed the award in total disregard to the statutory provisions as well as the law laid down by the Supreme Court and...
Tag this Judgment!Miss Renna JaIn Vs. Mohal Lal Sukhadia University, Udaipur and anr.
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: 2002(2)WLC243; 2003(1)WLN575
Keshote, J.1. As both these matters pertain to the cancellation of the admission of the petitioners in B.Ed. course given to them at Shri Agresen Post Graduate College, Jamdoli, Jaipur, same are taken up for hearing together and are being disposed of by this common order. The fasts of the case are to be taken from the petitions which are as follows:-SB Civil Writ Petition No. 2330/2001 2. The petitioner passed her B.Sc. Examination in the year 1999 with second division. From the marksheet of this examination which is Annexure-1 at page No. 17 of the petition, she has opted for the subjects Chemistry, Botany and Zoology. Pre-Teacher Education Test 2000 (hereinafter referred as the PTET) was conducted by respondent No.1 for admitting the candidates in various colleges throughout the State in the B.Ed. course. The petitioner filed her application form to the respondent No. 1 In the application form as per the petitioner's own case it is mentioned that she belongs to Science Faculty. In co...
Tag this Judgment!Mali Ram Vs. State and ors.
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: 2002(5)WLC773; 2002(5)WLN395
Keshote, J.1. This petition is directed by the petitioner an employee of the Office of the Collector, Jhunjhunu under Article 226 of the Constitution and the prayer has been made therein for quashing and setting aside of the orders Annexure-5 and 9 of the respondents. The second prayer made is for direction to the respondents to appoint the petitioner on the post of L.D.C. with effect from 29.4.74, the date on which his junior was appointed on this post. The next prayer has been to restrain the respondent from making any recovery from the petitioner against the alleged excess amount of salary paid to him.2. The facts of the case in brief are that the petitioner entered in service of respondent No.2 when he was appointed as Class-IV under the order dated 26.6.1970. The petitioner was promoted to the post of L.D.C. under the order dated 15.4.1978 of the respondent No.2.3. One Bhagwati Prasad who was appointed along with the petitioner as Class-IV in the office of the Collector, Jhunjhunu...
Tag this Judgment!Ajai Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: 2002CriLJ3704; 2002(1)WLN660
Mathur, J.1. The appellant Ajai Singh has been convicted of offence under Section 302 I.P.C. on the charge of the murder of his wife Mst. Sanjivni, by the judgment of the Additional Sessions Judge No. 2, Jodhpur dated 11.3.1999 and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-; in default of payment to further undergo six months simple imprisonment.2. The prosecution case as disclosed during the trial is that appellant Ajai Singh was married to deceased Mst. Sanjivni on 24.6.1993. The couple lived at Jodhpur. It is alleged that the appellant used to harass his wife Smt. Sanjivni. She was being subjected to assault many times. It is also alleged that he used to beat her particularly after receiving call from a lady named Nirmla @ Nimmi. On 13.3.1995 he assaulted and pressed her neck. This incident was reported by deceased Mst. Sanjivni to her parents at Rattam on telephone. She was taken to Ratlam by her parents. She stayed there for 7 to 8 month. On the occa...
Tag this Judgment!Soma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: 2002(5)WLC227; 2002(2)WLN209
Garg, J.1. This appeal has been filed by the accused appellant against the judgment and order dated 25.3.2000 passed by the learned Sessions Judge, Sirohi, in Sessions Case No. 12/1998 by which the learned Sessions Judge while acquitting the accused Kukia for offence under Section 302/34 1PC convicted the accused appellant Soma for offence under Section 304(11) 1PC in place of Section 302/34 IPC and sentenced him to to 7 years' R.I. and a fine of Rs.500/-, in default of payment of fine to further undergo 3 months' R.I.2. It arises in the following circumstances:(i) On 10.12.1997 P.W.9 Soma S/o Devaji lodged a written report Ex. P/16 with the Police Station Anadara, Distt. Sirohi alleging hat on the same day at about 9 to 10'O clock, he was informed by his daughter P.W. 1 Keli and daughter's daughter P.W.7 Sharmi that the accused appellant and another accused Kukia had murdered his daughter Sawali (hereinafter referred to as the deceased) by inflicting injuries by axe etc.3. On this rep...
Tag this Judgment!Rana Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: 2002(2)WLN269
Mathur, J. 1. Heard Mr. Pushpendra Singh Bhati learned counsel for the appellant and the learned Public Prosecutor. On the request of the learned counsel for the parties matter is taken up for final disposal. 2. The appellant aggrieved of the order of the learned Single Judge dated 27.2.2001 has preferred this appeal on the ground that he has been granted relief only in part. According to him the entire proceedings against him under Section 3 of the Rajasthan Control of Goondas Act, 1975 (hereinafter referred to as Goondas Act) being without jurisdiction ought to have been quashed instead of simply quashing the direction against the appellant to report before the S.H.O., Police Station, Baran. It is submitted by Mr. Bhati that taking advantage of that order the respondents have now asked him to report at Police Station, Desuri. According to the appellant the proceedings against him under the Goondas Act is without jurisdiction as he is not a Goonda within the meaning of Section 2(b) of...
Tag this Judgment!Ramswaroop and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: RLW2003(1)Raj91; 2002(2)WLN272
Garg, J.1. This appeal has been preferred by the accused appellants against the judgment and order dated 9.7.2001 passed by learned Additional Sessions Judge, Gulabpura in Sessions Case No. 94/2000 whereby the learned Additional Sessions Judge, Gulabpura convicted the accused appellants for offence under Section 304(11) I.P.C. in place of Section 302 I.P.C. and sentenced each of them to undergo 7 years' R.I. and a fine of Rs. 500/- in default to further undergo 1 month's S.I. and also convicted the accused appellants for offence under Section 323 I.P.C. and sentenced each of them to undergo 1 month's R.I. Both the sentences were ordered to run concurrently.2. This appeal arises in the following circumstances :(i) On 16.9.97 at about 6.55 p.m. Soji S/o Deva Ji (hereinafter referred to as the Deceased) gave Parcha Bayan before Gautam Singh, AS1 of the Police Station Fulia, Dist. Bhilwara stating that in the evening on 16.9.97, he and P.W.3 Jiya wife of his brother were passing through th...
Tag this Judgment!Managing Director, Raj. State Road Transport Corporation and anr. Vs. ...
Court: Rajasthan
Decided on: Aug-30-2001
Reported in: 2002(2)WLN238
Prakash Tatia, J.1. These appeals are against the award dated 2.6.1997 passed by the Motor Accidents Claims Tribunal, Churu in nine Claim Case Nos. 68/95, 69/95, 70/95, 71/95, 15/96, 16/96, 17/96, 62/96 and 3/97 and S.B. Civil Misc. Appeal No. 723/98 is against the award dated 19.5.1998 passed by the Motor Accidents Claims Tribunal, Churu in Claim Case No. 14/97 which was decided separately after the above nine claim petitions.2. The facts of the case are that on 11.5.1995, the deceased Bhera Ram, Roopa Ram, Ram Niwas, Bhanwar Lal and Mohan Ram were travelling in jeep No. MR 20/B 9419 along with other passengers. The driver of the jeep was Magha Ram. At Sardarshahar Bholeri Road which is 6 kms. from Sardarshahar met with an accident from bus No. RJ 14/P 1056 of the appellant-Rajasthan State Roadways Transport Corporation. It is alleged that the above bus came with very fast speed and Amar Singh, non-applicant (respondent No. 1), the driver of the bus, was driving the above bus No. RJ-1...
Tag this Judgment!Ramanlal Vs. Smt. Heeramani and ors.
Court: Rajasthan
Decided on: Aug-29-2001
Reported in: 2002(5)WLC846; 2003(2)WLN332
Tatia, J.1. This appeal is against the judgment and decree dated 12.4.1979 passed by the court of District Judge, Banswara in Civil Original Suit No. 2/76 by which the court below passed the preliminary decree and also partly allowed the counter claim of the defendant. 2. The plaintiff Smt. Rukmani, mother of the appellant along with Smt. Heera Mani, Smt. Bharat Kishori, Smt. Jai Laxmi and Smt. Renuka, who are the daughters of the plaintiff No. 1 and sisters of defendant No. 1 (appellant) filed the suit for partition of the joint family property alleging that the properties described in the schedule attached to the plaint are the joint family property of the plaintiff and defendant No. 1. Dhoori Lal was the husband of plaintiff No. 1 and father of the rest of the plaintiffs and defendant No. 1. In the life time of Dhoorilal, the relationship between Dhoorilal and his son defendant-appellant were not good and the defendant had to leave the house. Dhoorilal died on 5.11.1972. Before the ...
Tag this Judgment!Rajesh Khanna and ors. Vs. Rajasthan State Agriculture Marketing Board ...
Court: Rajasthan
Decided on: Aug-28-2001
Reported in: 2002(3)WLN77; 2002(3)WLN77
Verma, J. 1. The petitioner was working as UDC when he was suspended vide Ex.2 on 30.4.1987 in contemplation of the enquiry. Charge-sheet was issued vide Ex.3 on 5.6.1987 on the allegation that he had made certain interpolation in the accounts of advance receipts and had used about Rs. 35,000/- for himself and despite the repeated reminders he had not deposited the total amount of Rs. 37,510/- in the Government Treasury. He had denied the charges vide Ex.4 staling therein that he had not interpolated any accounts. The advance amount used to be received under the signatures of the Assistant Engineer and spent as per his direction. According to the delinquent official, if at all there was any temporary misappropriation, that was by the Assistant Engineer and not by the petitioner who was not concerned with the received or spending of amount. He had further stated that the documents as asked by him vide letter dated 18.7.1987, had not been supplied to him. Reply of the charge-sheet was fi...
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