Rajasthan Court January 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Mangi Lal Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jan-27-2005
Reported in: RLW2005(3)Raj2174
H.R. Panwar, J.1. Heard learned counsel for the petitioner and the counsel appearing for the Union of India. Perused the order impugned. From the perusal of the order impugned it appears that the Trial Court has rejected the bail application filed by the petitioner under Section 439 Cr.P.C. on the strength of confessional statement made by co-accused Madandas, Mohd. Yusuf, Shambhulal and Usman Khan under Section 67 of the NDPS Act during investigation. The co-accused named above were tried by Special Judge, NDPS Cases Court, Bhilwara in Sessions Case No. 31/2001. Byjudgment and order dated 30.8.2003, co accused Madandas, Mohd. Yusuf, Shambhulal and Usman Khan were acquitted on the ground that their confessional statement under Section 67 of the NDPS Act was recorded after having them declared to be accused and arrested, and therefore, it was not admissible against them. On the very confessional statement, the petitioner has been denied bail. Co-accused Shankerlal has already been disch...
Vimala Devi and ors. Vs. Hanuman Sahay and ors.
Court: Rajasthan
Decided on: Jan-27-2005
Reported in: II(2005)ACC494
Dalip Singh, J.1. This is a claimants appeal for enhancement of the award passed by the learned Motor Accident Claims Tribunal, Kotputali dated 4.3.2004 on an application filed by the appellants for compensation on account of the death of one Laxman who died in a motor accident on 26.1.2002 while working as a cleaner on a truck which met with an accident on the said date.2. The learned Counsel appearing for the appellants submits that the award passed by the learned Tribunal for Rs. 3,37,000/- is insufficient and, as such, has prayed for enhancement of the award. Learned Counsel further submits that there was evidence led by the claimants-appellants that deceased while working as cleaner on the truck was being paid salary of Rs. 3,000/- per month with Rs. 50/- per day as allowances and the learned Tribunal has disbelieved the said evidence and has unilaterally arrived at the finding that the income of the deceased was Rs. 1,800/-per month.3. I have considered the submissions made by th...
Jaipal Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-25-2005
Reported in: RLW2005(2)Raj1363; 2005(2)WLC228
Ashok Parihar, J.1. Petitioner applied for the post of lecturer in the subject of History in pursuance of advertisement issued by the respondent-Commission. The interviews were to be held on 25.4.2003. Before that, petitioner had submitted the provisional certificate issued by University of Rajasthan on 25.3.2003, certifying the petitioner has been declared passed in second division in the History (Traditional) Examination held in the year 2002. Initially, the name of the petitioner was included in the select list as per correspondence made by the respondent- Commission vide letter dated 25.4.2003, however, subsequently, the petitioner was informed that his selection has been cancelled vide letter dated 30th May, 2003. The selection was cancelled only on the ground that petitioner has passed MA examination in the year 1998 with IIIrd division, however, subsequently, on improvement of marks, he has been declared passed in second division in the examination of 2002 and, as such, was not ...
Ram Nath and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-25-2005
Reported in: 2005CriLJ2276; 2005(2)WLC351
Shiv Kumar Sharma, J.1. This is a case where the basis of conviction of the appellants (herein after described as the 'accused') is the dying declaration. The admissibility of dying declaration rests on the principle that a sense of impending death produces in a man's mind the same feeling as that of a conscientious and virtuous man under oath. Truth sits on the lips of dying man. Dying situation is considered so solemn and so awful by the law as creating an obligation equal to that which is imposed by a positive oath administered in the Court.2. The accused, six in number, were indicted in Sessions Case No. 28/1998 before the learned Additional Sessions Judge No. 2, Bundi for having committed murder of Kailash. Learned Judge vide judgment dated May 24, 2000 convicted and sentenced each of the accused under Section 302 IPC to suffer Imprisonment for life and fine of Rs. 2500/-, in default to further suffer six months simple Imprisonment.3. As per the prosecution case Kailash was brough...
R.S.R.T.C. and ors. Vs. SahabuddIn and anr.
Court: Rajasthan
Decided on: Jan-24-2005
Reported in: RLW2005(1)Raj522; 2005(2)WLC121
Ashok Parihar, J.1. The matter is disposed of finally as prayed by counsel for the parties.Petitioner has challenged the award dated 2.1.2002 passed by the Industrial Tribunal Jaipur, by which while holding the termination of services of respondent No. 1 the concerned workman as illegal and unjustified, the concerned workman has been ordered to be reinstated with full back-wages and all consequential benefits.2. The facts as has come on record are that the concerned workman was appointed on daily wages basis as a Conductor on 24.10.1986. The services of the concerned workman were terminated vide order dated 11.2.1987 on the ground of unsatisfactory work. Since a general reference of demands was pending before the Industrial Tribunal, Jaipur in regard to employees of the petitioners corporation, a compliant under Section 33-A was filed by the concerned workman before the tribunal. There is to dispute that before termination of service of the concerned workman neither any chargesheet was...
Vandana (Smt.) Vs. Suresh Charan
Court: Rajasthan
Decided on: Jan-24-2005
Reported in: AIR2005Raj193; RLW2005(3)Raj1517; 2005(2)WLC137
Prakash Tatia, J.1. This appeal is by the appellant-defendant, wife of respondent-plaintiff, to challenge the divorce decree dated 21.1.2004 granted by the Trial Court against the appellant- defendant. The Trial Court granted the divorce decree under Section 13(1)(iii) of the Hindu Marriage Act, 1955.2. Brief facts of the case are that marriage of the plaintiff- respondent and the defendant-appellant was solemnized on 6.12.1994 at village Loonkaransar in accordance with the Hindu rites. The plaintiff alleged that even at the time of Saptpadi, the defendant-appellant had no control over her body and she was not in position to take Saptpadi. The defendant's sister gave one tablet to the defendant and she told the plaintiff that the defendant is sick. Just after Saptpadi, when photos were taken, the defendant's brother again gave one tablet to the defendant. The marriage was not consummated between the parties despite efforts of the plaintiff on the first night of the marriage or in four ...
S.N. Sharma Vs. Nagar Nigam
Court: Rajasthan
Decided on: Jan-24-2005
Reported in: RLW2005(3)Raj1771; 2005(2)WLC57
Ashok Parihar, J.1. Petitioner was retired from service on reaching the age of superannuation on 30.6.1990 treating his date of birth to be 18.6.1932. However, subsequently on representation made by the petitioner the date of birth was corrected by the respondents as 18.6.1935 vide order dated 23rd March, 1995. As per the corrected date of birth the petitioner should have been retired with effect from 30.6.1993. Though giving benefit of notional pay fixation for three years i.e. from 1990 till 1993 retiral benefits were paid accordingly, however, actual salary for the above period has not been paid so far which appears to be the main grievance in the present writ petition.2. Learned counsel for the respondents has submitted that since the petitioner had not actually worked during the period in question, he is not entitled for salary for the same period moreso, when notional benefit has already been given to him.3. The contention as raised by the learned counsel for the respondent is wh...
Ghanshyam Saini Vs. Rpsc and anr.
Court: Rajasthan
Decided on: Jan-24-2005
Reported in: RLW2005(3)Raj2041; 2005(2)WLC103
Ashok Parihar, J.1. In pursuance to advertisement issued by the respondent-Commission on 7.3.2002 for selection to the post of Headmaster the petitioner also submitted his application alongwith the certificate of teaching experience while working as Librarian. The candidature of the petitioner was rejected by the respondent Commission only on the ground that the petitioner was not having requisite teaching experience for the post in question.2. The recruitment to the post of Headmaster, Secondary School is made under the provisions of Rajasthan Education Service Rules, 1970. The post is to be filled 50% by direct recruitment and 50% by promotion. The minimum qualification and experience for direct recruitment have been provided under Gr. F of the Schedule to the rules which is reproduced here-as under:-'1. (a) Bachelor's degree or diploma in education.(b) Experience of teaching High/Jr. HSS/Hr. Sec. Class for 5 years of experience of administrative charge of Middle Schools for 4 years ...
Dungar Das Vs. Uco Bank and ors.
Court: Rajasthan
Decided on: Jan-24-2005
Reported in: (2005)IIILLJ17Raj; 2005(2)WLC98
ORDERR.P. Vyas, J.1. The petitioner has filed the instant petition, praying therein, inter alia, that the impugned judgment and award dated December 21, 1999 (Annexure 9) be quashed and set aside so far as it refused to reinstate the petitioner in service and instead grants compensation of Rs. 20,000/- to the petitioner and the respondents be directed to reinstate the petitioner in service from the date his service were terminated with all back wages.2. The facts giving rise to the instant petition are that on May 7, 1994, one Dungar Das - the present petitioner was appointed as Class IV employee on daily wages basis. He was paid Rs. 10/- per day, which was later on enhanced upto Rs. 40/- per day. It has been stated in the petition that the work of Peon was taken from him. He used to clean the Bank to serve drinking water to the employees of the Bank, to fill up water in the coolers of the Bank, to set stationary and record, to sew vouchers of the Bank and to patch the torned and cut c...
Rajbala (Smt.) Vs. State and anr.
Court: Rajasthan
Decided on: Jan-20-2005
Reported in: RLW2005(1)Raj475; 2005WLC(Raj)UC158
Harbans Lal, J.1. This petition under Section 439(2) Cr.P.C. seeks quashing of the order dated 7.7.2004 granting bail to non-petitioner No. 2 Om Prakash by the learned Sessions Judge Khetri in F.I.R. No. 165/2004 PS Buhana for the offences under Section 376, 354, 323, 341, 324 and 511 1PC.2. The relevant facts necessary for the disposal of this petition are that the aforesaid criminal case came to be registered on the basis of a Parcha Bayan of Smt. Rajbala, the prosecutrix alleging rape with her by accused-non-petitioner No. 2 at about 8.00 A.M. on 26.6.2004 when she was cutting green grass in her filed. The main and sole ground for cancellation of bail is that the bail was granted within a period of 7 days from the date of the arrest of the accused without taking into consideration the relevant 'facts of the case and the entire material including the statement of the prosecutrix recorded under Section 164 Cr.P.C.3. I have heard at length learned counsel for the parties and the learne...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »