Rajasthan Court December 2004 Judgments
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Khem Chand @ Pappu and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-08-2004
Reported in: RLW2005(3)Raj1812; 2005(2)WLC290
Khem Chand Sharma, J.1. This criminal appeal by appellants Khem Chand @ Pappu and Smt. Prabhati arises out of the judgment and order dated 11.10.2000 passed by the learned Additional Sessions Judge No. 1, Sikar, thereby convicting the appellants for offence under Section 304B IPC and sentencing then to undergo rigorous imprisonment for 7 years.2. On 26.7.98 at 11.10 AM complainant Moti Ram submitted a typed report, Ex.P3 at Police Station Sadar, Sikar alleging therein that he had performed the marriage of his neice Santosh daughter of his brother late Birma Ram. According to him his brother Birma Ram was not alive at the time of marriage and that he had given dowry beyond his capacity but still the members of her in laws family were not satisfied with the dowry and started harassing her mentally and physically. Whenever she visited her parents house, she complained of torturing, be labouring and not providing food on account of less dowry given at the time of marriage and that complain...
Lakshmi Swaroop Vs. Praveen Chand
Court: Rajasthan
Decided on: Dec-08-2004
Reported in: RLW2005(2)Raj1293; 2005(1)WLC502
A.C. Goyal, J.1. This revision petition Under Section 115 CPC has been filed by the judgment-debtor against the order dated 27.10.2004 whereby application Under Section 47 CPC filed by the judgment-debtor was, dismissed.2. The non-petitioner filed a civil suit No. 342/1989 for eviction against the petitioner on the grounds of default in payment of rent, reasonable and bonafide requirement and subletting. The defendant-petitioner contested the suit by filing written statement.3. During the pendency of the suit, the parties arrived at compromise which was submitted before permanent Lok Adalat. Vide this compromise, the defendant admitted plaintiff's requirement to be reasonable and bonafide and also admitted that comparative hardship would be caused to the plaintiff landlord. It was also agreed upon that the defendant shall hand-over the vacant possession of the suit house on 31.10.2008. The defendant agreed to pay monthly rent @ Rs. 500/- per month from May, 2002, till vacant possession...
Shakuntala and ors. Vs. Sharda Trade and Transport Co. and ors.
Court: Rajasthan
Decided on: Dec-06-2004
Reported in: I(2005)ACC708; 2006ACJ2414; 2005WLC(Raj)UC791
Dalip Singh, J.1. This appeal has been passed by the Motor Accidents Claims filed against the award dated 20.5.1994 Tribunal, Dausa (hereinafter referred to as 'the Tribunal') in Claim Petition No. 85 of 1990 filed by the appellants for compensation on account of the death of Jhaman Lal, the husband of the appellant No, 1 who was Junior Engineer, working with the RIICO, a Government of Rajasthan Undertaking.2. The submission of learned Counsel for the appellants is that learned Tribunal assessed the income of the deceased who was aged 34 to 35 years at the time of accident as Rs. 5,000 and after deducting Rs. 1,700 by way of personal expenses held dependency of the family and contribution towards the family as Rs. 3,300 per month. The annual dependency of the family was, therefore, assessed as Rs. 39,600. However, learned Counsel for appellants has submitted that learned Tribunal in the case of deceased aged 35 years has erred in applying the multiplier of 10 and assessed the compensat...
Ladu Ram and ors. Vs. Abdul Sharif and ors.
Court: Rajasthan
Decided on: Dec-06-2004
Reported in: I(2005)ACC844
Dalip Singh, J.1. This appeal is directed against the award dated 9.3.1992 passed by the Motor Accident Claims Tribunal, Jaipur City in Claim Case No. 653/1988 for enhancement of the amount of compensation as awarded by the learned Tribunal on account of death of one Shri Babulal, who died in a motor accident, which took place on 28.6.1988.2. Learned Counsel appearing on behalf of the appellants submits that while deciding issue No. 3, the learned Tribunal committed an error in making deduction twice over while arriving at the loss of income on account of the death of the deceased. The learned Tribunal assessed the income of the deceased as Rs. 1,000/- only and deducted Rs. 400/- towards personal expenses and assessed the contribution towards family as Rs. 600/- per month. Thus, the compensation was arrived at as 600 x 12 x 25 = Rs. 1,80,000/- as in the view of the learned Tribunal, the deceased would have lived upto the age of 65 years and contributed till his death as he was engaged ...
Bhagwati Vs. Shish Pal
Court: Rajasthan
Decided on: Dec-06-2004
Reported in: II(2005)ACC237
Dalip Singh, J.1. This appeal is directed against the award dated 11.11.1992 passed by the Motor Accident Claims Tribunal, Jaipur in M.A.C. No. 873/1991 for enhancement of the compensation awarded on account of death of Shri Jagdish in a motor accident, which took place on 2.7.1991.2. Brief facts giving rise to the present appeal are that on 2.7.1991 the deceased met with a motor accident involving a Tanker (Truck) bearing No. RSZ 8402 being driven by respondent No. 1 rashly and negligently.3. Learned Counsel appearing on behalf of the appellant has contended that in the instant case, the learned Tribunal has not taken into consideration the law as propounded by the Hon'ble Supreme Court in the case of General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and Ors. reported in I (1994) ACC 346 (SC) : 1994 ACJ 1, and awarded Rs. 100/- only towards future prospects of earning. The submission of learned Counsel for the appellant is that the learned Tribunal came to a f...
Basanti Devi Vs. Ramchandra and ors.
Court: Rajasthan
Decided on: Dec-06-2004
Reported in: II(2005)ACC319
Dalip Singh, J.1. This appeal has been filed against the award dated 4.10.1993 passed by the Motor Accident Claims Tribunal, Jaipur (herein after referred to as 'the Tribunal') in Claim Petition No. 364/1993 (79/1990) filed by the appellant for the enhancement of the amount of compensation awarded by the Tribunal for the injuries suffered by the appellant in a motor accident which took place on 5.6.1989 in which the appellant suffered multiple injuries.2. The brief facts giving rise to this appeal are that the appellant was travelling with her husband and other family members in a Matador bearing Registration No. RSN 7192 and they were going to Nainital from Jodhpur via Jaipur and when the said vehicle reached near village Kanaota on the National Highway No. 11, it met with an accident with a truck bearing No. RNV 7866 which was coming from the opposite direction which was rashly and negligently driven by driver Ramchandra the respondent No. 1. The said truck was owned by respondent No...
Daulat Ram and ors. Vs. Ramchandra and ors.
Court: Rajasthan
Decided on: Dec-06-2004
Reported in: II(2005)ACC357
Dalip Singh, J.1. This appeal has been filed against the award dated 4.10.1993 passed by the Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as 'The Tribunal') in claim Petition No. 352/1993 (91/1990) filed by the appellants, the parents of the deceased Nitin aged four years who died in an accident which took place on 5.6.1989 while travelling with the appellants in a Matador bearing Registration No. RSN 7192 and they were going to Nainital from Jodhpur via Jaipur and when the said vehicle reached near village Kanaota on the National Highway No. 11, met with an accident with a Truck bearing No. RNS 7866 which was coming from the opposite direction which was rashly and negligently being driven by driver Ramchandra the respondent No. 1. The said truck was owned by respondent No. 2 and insured by the respondent No. 3. On account of the said accident, the deceased suffered fatal injuries and died as a result thereof.2. The learned Tribunal awarded a sum of Rs. 30,000/- as c...
Kumari Sapna Vs. Ramchandra and ors.
Court: Rajasthan
Decided on: Dec-06-2004
Reported in: II(2005)ACC573
Dalip Singh, J.1. This appeal has been filed against the award dated 4.10.1993 passed by the Motor Accident Claims Tribunal, Jaipur (hereinafter referred to as 'the Tribunal') in Claim Petition No. 364/1993 (76/1990) filed by the appellant for compensation on account of their injuries suffered by the appellant in an accident.2. The brief facts giving rise to this appeal are that the appellant was traveling with her family members in a Matador bearing Registration No. RSN 7192 and they were going to Nainital from Jodhpur via Jaipur and when the said vehicle reached near village Kanaota on the National Highway No. 11, met with an accident with a Truck bearing No. RNV 7866 which was coming from the opposite direction which was rashly and negligently driven by driver Ramchandra the respondent No. 1. The said Truck was owned by respondent No. 2 and insured by the respondent No. 3. As a result of the said injuries, a claim petition was filed before the Tribunal and the Tribunal awarded an am...
Abhay Goyal Vs. Wizard Biotech (P.) Ltd.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: [2006]132CompCas881(Raj); [2007]80SCL176(Raj)
S.K. Keshote, J.1. The petitioner filed this petition under Sections 433 and 434 of the Companies Act, 1956 (for short, 'the Act, 1956') for winding up of Wizard Biotech Private Limited (hereinafter shall be referred to as 'the respondent-company').2. The facts leading to filing of this petition, briefly stated, are that the respondent-company is a private limited company registered under the 1956 Act, and having its registered office at 768, Ram Nagar, Shastri Nagar, Jaipur.3. On 19th of September, 2001, the respondent-company obtained a loan of Rupees five lakhs from the petitioner on interest at the rate of 18% per annum. It is admitted by the petitioner that as against this loan the respondent-company paid Rupees two lakhs vide Cheque dated 30-3-2002; Rupees one lakh on 10-7-2002; Rupees fifty thousand on 19-8-2002 and Rupees fifty thousand on 5-3-2002. Thus, rupees four lakhs have been paid by the respondent-company to the petitioner and the grievance has been made in the petition...
Babu Khan Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Dec-03-2004
Reported in: [2005(105)FLR110]; RLW2005(2)Raj1370; 2005(1)WLC498
Sunil Kumar Garg, J.1. Both these writ petitions are being decided by this common order as in both of them common question of law is involved.FACTS OF WRIT PETITION NO. 3934/20022. The present writ petition has been filed by the petitioner against the order dtd. 7.7.2000 (Annex.9) passed by the Desk Officer, Ministry of Labour, Government of India, New Delhi by which the dispute raised by the petitioner was not referred to the Labour Court for adjudication be quashed and set aside.3. It arises in the following circumstances:i) That the petitioner is holding a driving licence (Annex. 1), issued by the competent authority.ii) Further case of the petitioner is that through interview letter dtd. 22.4.1992 issued by the respondent No. 3 (Installation Officer, Television Project, T.V.H.P.T., Ramgarh), the petitioner was called for interview for appointment on the post of driver.iii) Further case of the petitioner is that after interview through order dtd. 9.10.1992 (Annex.3) passed by the Ch...
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