Rajasthan Court May 2004 Judgments
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Shiv Ram Singh Vs. Sh. Mahendra Chand Chordia and ors.
Court: Rajasthan
Decided on: May-12-2004
Reported in: RLW2004(3)Raj1942; 2004(3)WLC308
K.S. Rathore, J.1. Since these three writ petition involve common question of law and at the request of learned counsel for the parties, these three writ petitions are finally heard at this stage and being decided by this common order. The facts of Shiv Ram Singh's case (SBCWP No. 188/2004) are being taken as a leading case.2. The respondent No. 1 filed a civil suit No. 212/2002 before the Court of Additional District Judge No. 5, Jaipur City, Jaipur in which notices were issued to the defendants. The petitioner- defendant was served with the notice on 10.3.2003. The petitioner appeared before the Court on 20.3.2003 and the matter was posted on 31.3.2003. Again the matter was fixed on 30.4.2003 for filing the written statement. On that date, the petitioner defendant was not able to file written statement. Another opportunity was granted to the petitioner-defendant for filing written statement on the cost of Rs. 100/- and the matter was posted on 21.5.2003.3. On 21.5.2003, due to transf...
Gulam Mohammad Vs. Achhu (Smt.)
Court: Rajasthan
Decided on: May-12-2004
Reported in: I(2005)DMC716; RLW2004(4)Raj2295; 2004(4)WLC93
Sunil Kumar Garg, J.1. This revision petition has been filed by the petitioner-husband (hereinafter referred to as the non-applicant) with the prayer that the order dated 10.2.2003 passed by the learned Judge, Family court, Jodhpur by which he allowed the application filed by the respondent-wife Smt. Achhu (hereinafter referred to as the applicant) under Section 125 Cr.P.C. and granted maintenance allowance of Rs. 500/-p.m. to the applicant and Rs. 300/- p.m. to minor daughter Naseem, be quashed and set aside.2. It arises in the following circumstances:On 12.4.1999, an application under Section 125 Cr.P.C. was filed by the appellant before the Family Court, Jodhpur stating inter-alia that she was married to non-applicant seven years back and out of that wedlock, a daughter, namely, Naseem was born, but her husband non-applicant was treating her with cruelty and forced her to leave her in-law' house and since she had no means to maintain herself and minor daughter Naseem, therefore, she...
Om Prakash Bansal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-12-2004
Reported in: RLW2004(4)Raj2688; 2004(3)WLC512
Shiv Kumar Sharma, J.1. The matter has been heard finally with the consent of learned counsel for parties.2. By this writ petition the petitioner seeks to quash sub-rule (2) of Rule 10 of the Rajasthan Agriculture Produce Marketing Committee (Pension) Rules, 1995 (for short '1995 Rules') and to direct the respondents to calculate the qualifying service of petitioner as 33 years and 6 months instead of 24 years and 11 months and to pay the difference of pension.3. The contextual facts depict that the petitioner was initially appointed as Senior Clerk on August 1, 1967. Vide order dated October 3, 1967 it was clarified that the, petitioner shall be entitled to the pay scale and other allowances of LDC. After the Rajasthan Agricultural Produce Markets (Market Committee Employee) Service Rules, 1975 came into force the petitioner was confirmed in ministerial cadre w.e.f. April 1, 1974 vide order dated November 30, 1978. The petitioner on attaining the age of superannuation came to be retir...
Bhawani Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-11-2004
Reported in: 2004CriLJ3187; RLW2004(4)Raj2155; 2004(3)WLC532
ORDERSunil Kumar Garg, J.1. This revision petition has been filed by the petitioner with the prayer that the order dated 28-9-2002 passed by the learned Addl. Chief Judicial Magistrate No. 2, Bikaner, by which he decided three applications together filed under Section 457, Cr.P.C. one by the petitioner, second by the respondent No. 2 Khuman Singh and third by the respondent No. 3 Prem Prakash and ordered to give the custody of the Jeep No. RJ 19 C 6339 (old) and RJ 19 T 2836 (new) to the respondent No. 3 Prem Prakash, be quashed and set aside.2. It arises in the following circumstances:On 27-3-2002, the petitioner lodged a report in the Police Station Sadar, Bikaner stating inter alia that he purchased one Mahendra D.I. Jeep No. RJ 19-C 6369 from Elcon finance Company (respondent No. 2) after taking loan from the Bank of Baroda under Finance Scheme. It was further stated by the petitioner in that report that on 25-3-2002 at about 6.00 p.m., he went to Hanumangarh after keeping the jeep...
United India Insurance Co. Ltd. Vs. Saroj Devi and ors. (Smt.)
Court: Rajasthan
Decided on: May-11-2004
Reported in: III(2004)ACC366; 2006ACJ1316; RLW2004(4)Raj2305; 2004(3)WLC555
Prakash Tatia, J.1. Heard learned counsel for the appellant and perused the record.2. These appeal are against the award dated 17.4,2003 of the Motor Accidents Claims Tribunal, Bikaner passed in Claim Cases filed under Section 166 of the Motor Vehicles act, 1988.3. Brief facts of the case are that the claimants alleged that on 8.7.1988 at about 10 p.m. victims were travelling in the three wheeler taxi RJ. 07.P.0626, Tola Ram was driving the three wheeler taxi and when taxi reached near the Chungi check post just before the Municipal boundary of the Bikaner, near Shiv Shakti Gas Godown, a truck No. RSF 3949 came and hit the taxi and dragged the taxi far away from the road and the truck ran over the three wheeler. The taxi went under the fuel tank of the truck. In this accident, six persons died and the driver of the taxi suffered injuries. All the seven set of the claimants including the driver of the three wheeler taxi submitted claim petitions before the Motor Accidents Claims Tribuna...
Banshilal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-11-2004
Reported in: RLW2004(4)Raj2316; 2004(3)WLC483
Anil Dev Singh, C.J.1. This appeal is directed against the order of the learned Single Judge dated April 27, 2004 rendered in S.B. Civil Writ Petition No. 1015/2004. The facts leading to the appeal are as follows.2. The appellant herein was elected as Sarpanch of Gram Panchayat Karera in January 2000. A written notice of intention to make the motion expressing want of confidence in the Sarpanch, signed by 14 persons out of 21 elected members including the UP- Sarpanch, was presented before the Chief Executive Officer, Zila Parishad, Bhilwara on 16th February, 2004 along with a copy of the letter requesting the competent authority to place the proposed motion before the Panchayat for consideration (Annex.P/1 to the writ petition). On receipt of the written notice, the Chief Executive Officer directed the Additional Chief Executive Officer to submit report with regard to the identity of the persons who had signed and presented the motion. The Chief Executive Officer by his order dated 20...
Gafooran (Smt.) Vs. Employees Provident Fund Organisation
Court: Rajasthan
Decided on: May-11-2004
Reported in: RLW2004(4)Raj2690; 2004(3)WLC528
Shiv Kumar Sharma, J.1. Matter has been heard finally with the consent of learned counsel for the parties.2. As per the undisputed facts, petitioner's husband Bashir Khan (now deceased) came to be appointed as Helper on November 21, 1971 in the Rajasthan State Electricity Board (RSEB). Services of Bashir Khan were thereafter confirmed and he was granted benefit of regular pay scale and other consequential benefits. On confirmation Bashir Khan became member of Employees Family Pension Scheme, 1971 (for short '1971 Scheme1) and Account No. RJ1919/712 was allotted to him. Deductions from his salary were continuously made with effect from October, 1972 to April, 1973. Unfortunately during employment Bashir Khan met with an accident and died on April 24, 1973. The petitioner submitted Family Pension Form No. 10-A but the same was returned by the RSEB and the family pension was denied to the petitioner. Feeling aggrieved against this inaction that the present action for filing the writ petit...
Vishnu Singh Vs. Managing Director Sbbj and anr.
Court: Rajasthan
Decided on: May-10-2004
Reported in: RLW2004(3)Raj1742; 2004(3)WLC394
Shiv Kumar Sharma, J.1. The petitioner's father while serving with the respondent Bank as Daftari expired on August 22, 2001. The petitioner's request seeking compassionate appointment on the post held by his late father was declined by the respondent Bank vide communication dated August 9, 2002. By this writ petition the petitioner seeks direction in the name of respondent Bank to appoint the petitioner on the post held by his late father.2. The respondent Bank filed reply to the writ petition and appended document Annexure R/1, which shows that on examining the issue relating to compassionate appointment it was revealed to the Bank that the petitioner's father late Narain Singh who was posted as Daftary at Murlipura Branch had following dependents:-(i) Smt. Lalita Devi 50 years Widow;(ii) Vishnu Singh 26 years Son (Unemployed);(Petitioner)(iii) Anup Singh 23 years Son (Student);(iv) Kuldip Singh 18 years Son (Student).It also appears from the perusal of Annexure R/l that Bank loan in...
Barji (Smt.) and ors. Vs. Thakurji Shri Dwarkadheesji and ors.
Court: Rajasthan
Decided on: May-10-2004
Reported in: RLW2004(4)Raj2068; 2004(3)WLC732
A.C. Goyal, J.1. These two civil second appeals have been preferred by legal heirs of defendant No. 2 Ram Dev and defendant No. 1 Gopal Ram respectively against the judgment and decree dated 13.10.1999, whereby learned Additional District Judge, Khetri, district Jhunjhunu, affirmed the judgment and decree of eviction passed by Civil Judge, Jhunjhunu on 3.8.1992. Cross- objections have been filed by the plaintiff-respondent.2. Briefly narrated the facts are that the plaintiff Thakurji Shri Dwarkadheesji, through Manager Durga Prasad, filed a civil suit on 4.6.1960 in the court of Civil Judge, Jhunjhunu, against two defendants Gopal Ram and Ram Dev with the averments that the land measuring 16 Bighas 12 Biswas, bearing various Khasra Numbers, as mentioned in para 1 of the plaint, was given to one Dwarka Prasad an ancestor of Durga Prasad by the then Ruler of Khetri vide Patta (Ex. 34) on Mangsar Budhi 4 Samwat 1907 (Year 1850). Dwarka Prasad constructed houses, pond, two wells, temple, g...
National Insurance Co. Ltd. Vs. Ravi Kant and ors.
Court: Rajasthan
Decided on: May-10-2004
Reported in: III(2004)ACC355; 2006ACJ292; RLW2004(4)Raj2279; 2004(3)WLC489
Prakash Tatia, J.1. Appellant Insurance. Company choose to prefer five appeals in five claim cases, out of total nine accident claim cases which were decided by the Motor Accident Claims Tribunal, Rajgarh by common award dated 11.07.2003.2. Brief facts of the case are that on 28.06.2002 after performing the last rites of deceased Ami Lal, family members of deceased Ami Lal and his relatives were coming back to Rajgarh in a Jeep No. RJ 10C 1764 and while coming back, they met with accident resulting into death of seven persons, namely, Mangi Lal, Smt. Kanta, Smt. Mohini Devi, Rawat Mal, Mahaveer Prasad, Tilok Chand and Rakesh Kumar. One Ram Kishan and another Ramesh @ Kalu suffered serious injuries. It was also alleged the Murari Lal (non-claimant No. 3 in the Claim Case No. 53/2002).by driving the jeep rashly and negligently caused the accident. The accident occurred at Delhi-Bikaner Road on 28.6.2002 at 4.00 p.m. An F.I.R. No. 196/2002 was lodged in the Police Station, Sapala and chal...
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