Rajasthan Court January 2005 Judgments
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Varju and ors. Vs. United India Insurance Co. Ltd. and ors.
Court: Rajasthan
Decided on: Jan-12-2005
Reported in: IV(2005)ACC516; 2006ACJ328; 2005(4)WLC1
Rajesh Balia, J.1. All these appeals arise out of accident claim cases which arose on account of a single accident which took place on 10.7.1992. On that date, Padma Ram, Chaina Ram and Hamu Ram were travelling in Jonga jeep No. RSF 8247, being driven by Nimb Singh and it was travelling towards road leading from Barmer to Jaisalmer. As a result of the said accident, Padma Ram and Chaina Ram died and Hamu Ram suffered injuries.2. Three claim petitions were filed: one by heirs and dependants of Chaina Ram being M.A.C.T. Case No. 74 of 1992; second by Hamu Ram being M.A.C.T. Case No. 2 of 1993; and third by Chauthi and Pancha Ram, parents of Padma Ram being M.A.C.T. Case No. 82 of 1992 impleading United India Insurance Co. Ltd., Barmer, as the insurer and Nimb Singh and Narpat Singh being the driver and owner of the vehicle respectively. The Motor Accidents Claims Tribunal, Barmer vide its award dated 23.2.1995 finding that the vehicle was being driven rashly and negligently by Nimb Singh...
Sandeep Vs. the State Election Commission and ors.
Court: Rajasthan
Decided on: Jan-11-2005
Reported in: RLW2005(1)Raj476
K.S. Rathore, J.1. The defect pointed out in SB Civil Writ Petition (def) No. 14/05 is cured by the learned counsel for the petitioner.2. Since all the writ petitions involve common question of law, the same are heard and decided by this common order.3. All these writ petitions are filed against the order dated 22.12.2004 whereby the Collector, Jhunjhunu rejected the appeals of petitioners with regard to deletion of name of respondent No. 4 from the electoral roll of village panchayat Bhojasar and include the names of the petitioners in electoral of village Panchayat Bhojasar.4. The Collector, Jhunjhunu wide order dated 22.12.2004 rejected all the 20 appeals on the ground that as per Rule 21(2)(a) the appeal memo should be signed by the applicants and the same were not signed by the applicants, therefore, the appeals were rejected.5. Learned counsel for the petitioner assailed that order on the ground that it is not necessary to sign the appeal memo. He also referred the provisions of ...
Rashid Khan Vs. the Appellate Rent Tribunal (District and Sessions Jud ...
Court: Rajasthan
Decided on: Jan-11-2005
Reported in: RLW2005(1)Raj519
K.S. Rathore, J.1. This writ petition is directed against the judgment dated 27.9.2004 passed by the Appellate Rent Tribunal, Dholpur in Civil Appeal No. 43/2004. The aforesaid order is mainly challenged by the petitioner on the ground that the Tribunal has not properly considered the case and passed the impugned judgment dated 27.9.2004, which is per se in contravention of Section 9 of the Rajasthan Rent Control Act, 2001.2. Learned counsel for the petitioner referred Section 9, which deals with eviction of tenants and is reproduced as under:'Notwithstanding anything contained in any law or contract by subject to other provisions of this Act, the Rent tribunal shall order eviction of tenant unless unless it is satisfied that, -'(a) the tenant has neither paid nor tendered the amount of rent due from him for four months:Provided that the ground under this clause shall not be available to the landlord if he has not disclosed to the tenant his bank account number and name of the bank in ...
Fazal Ahmed Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-11-2005
Reported in: RLW2005(2)Raj1031; 2005(2)WLC404
Dalip Singh, J.1. This special appeal has been filed by the appellant-petitioner being aggrieved by the order passed by the learned Single Judge dated 01.10.2004 by which the writ petition filed by the appellant-petitioner was dismissed.2. The brief facts giving rise to this appeal are that appellant-petitioner was an employee of the respondent No. 2 Municipal Board, Dholpur and while working on the post of Sub- Nakedar, a criminal case was registered against him on 26.05.1980 for the offence under Section 147, 302 and 302/149 I.P.C. As a result of the aforesaid criminal case having being registered against the appellant petitioner, the appellant-petitioner was placed under suspension vide order dated 10.06.1980. At the conclusion of the trial, the Trial Court convicted and sentenced the appellant-petitioner. Against which the appellant-petitioner preferred an appeal before this Court against his conviction for the offence under Sections 302 and 302/149 I.P.C. As a result of the convic...
University of Raj. Vs. Yash Pal Singh Jhala
Court: Rajasthan
Decided on: Jan-11-2005
Reported in: RLW2006(1)Raj172; 2005(4)WLC762
G.S. Misra, J.1. This appeal has been preferred against the order of the learned Single Judge passed in S.B.C.W. Petition No. 573/2001 dated 17.10.2003 by which the respondent student Yashpal Singh Jhala of the appellant University of Rajasthan who was the petitioner before the Single Bench was granted a cost of Rs. 10.000/- on account of mental agony for which he had been suffered due to negligence on the part of the appellant University. This cost was imposed as the University had wrongly marked the respondent-student as absent in one of the papers of L.L.M Part II although he had duly appeared in the said Paper.2. In order to clarify the position, it may be stated that the respondent had filed a writ petition before the Single Bench raising a grievance that he had wrongly been marked absent in the LLM. Part-II paper although he had appeared in the said paper. This was found to be true after scrutiny of facts by the learned Single Judge and therefore, a cost of Rs. 10,000/- had been ...
Kamla Devi and ors. Vs. Rajkiya Coal Depot and ors.
Court: Rajasthan
Decided on: Jan-11-2005
Reported in: 2007ACJ904
Dalip Singh, J.1. This appeal arises out of the award dated 2.7.1988 passed by the Motor Accidents Claims Tribunal, Jaipur in M.A.C.T. Claim Case No. 76 of 1980 which was filed for compensation on account of the death of one Jagdish Prasad Sharma who died as a result of the injuries suffered by him in a motor accident which occurred on 21.1.1980. Learned Claims Tribunal awarded in all a compensation of Rs. 1,19,880. The appeal has been filed for enhancement of the compensation. However, the main plea of the appellant is that New India Assurance Co. Ltd., respondent No. 5, the insurer of the vehicle which was being driven by the deceased Jagdish Prasad Sharma and owned by Bheru Lal and Ratna Devi respondent Nos. 4 and 4 (a), respectively, has been absolved by the learned Tribunal of its liability to pay the compensation contrary to the evidence on the record.2. The submission of learned Counsel for the appellants is that according to the policy of insurance, issued by New India Assuranc...
Motilal Vs. Sangeet Agarwal and ors.
Court: Rajasthan
Decided on: Jan-11-2005
Reported in: II(2005)ACC832
Dalip Singh, J.1. This appeal arises out of the award dated 3.6.1993 passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur in M.A.C.T. Claim Case No. 632/1988 which was filed for compensation on account of injuries suffered by the appellant who met with a motor accident on 27.4.1988. On the fateful day, the appellant was going on a scooter when he met with an accident involving a truck No. RRB-9144 which was being driven by the respondent No. 2. The said vehicle was insured with the respondent No. 3 United India Insurance Co. Ltd. The said truck was carrying iron for steel which was projecting outside the truck and as a result of the collision, some of the steel penetrated in the chest of the appellant as well as in the arm resulting in multiple fractures.2. The submission of the learned Counsel for the appellant is that compensation on account of injuries of Rs. 20,000/- awarded to the appellant is wholy inadequate and the amount of Rs. 3,282/- plus Rs. 718/- awarded for l...
Gopal Prasad Varshney Vs. Bank of Rajasthan Ltd.
Court: Rajasthan
Decided on: Jan-10-2005
Reported in: RLW2005(2)Raj1351; 2005(2)WLC382
Ashok Parihar, J.1. Petitioner was appointed on the post of Clerk in the respondent-Bank on 23.1.1965 after giving age relaxation of two and a half years in view of his additional qualifications. The petitioner retired from service on reaching the age of superannuation on 31.7.1995. Seeking protection of Regulation 26(c) of the Employees Pension Regulations, 1993, as applicable on the respondent-bank, the petitioner has prayed for addition of two and a half years in his total service tenure for getting full pension for which the qualifying period as provided under the Regulations, is 33 years.2. Apart from submitting that the relaxation could be given only to the persons regularly appointed through recruitment, a preliminary objection has also been raised on behalf of the respondent that the respondent-Bank is not a State Within Article 12 of the Constitution of India. Learned counsel for the respondent has submitted that the point in issue in regard to respondent-Bank been a State und...
Madan and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-10-2005
Reported in: RLW2005(2)Raj1460; 2005(2)WLC216
Dalip Singh, J.1. This appeal has been filed by the accused appellants against the judgment dated 19.12.1998 passed by the Additional Sessions Judge, Rajgarh, District Alwar in Sessions Case No. 33/1995 convicting and sentencing accused appellant No. 1 Madan, for the offence under Section 302 I.P.C. read with Section 34 I.P.C. to imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment to further undergo one year's simple imprisonment; and convicting and sentencing accused appellant No. 2 Patwari for the offence under Section 302 I.P.C. to imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment to further undergo one year's simple imprisonment. Accused-appellant Patwari was further convicted and sentenced for the offence under Section 3/25 of the Arms Act for three years and to pay a fine to further undergo three months simple imprisonment. He was further convicted and sentenced for the offence under Section 5/27 of the Arms Act for thre...
Ramkumar Jat and ors. Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Jan-10-2005
Reported in: RLW2005(3)Raj1772
Ashok Parihar, J.1. The controversy in the present writ petition is in regard to regular selection to the post of Teacher Grade III as per amendment made in the Rajasthan Panchayat Act and the Rules thereunder through the agency of Rajasthan State Public Service Commission and for regularisation of Para Teachers appointed under a Scheme of the State Government in the name of Rajiv Gandhi Swarn Jayanti Pathshala. It has been submitted that all the points in issue have been decided by the Division Bench of this Court at the main seat in the case of Richhpal Singh v. State of Rajasthan, DB Civil Writ Petition No. 3654/2004, decided on January 4th 2005.2. The whole controversy as has been summarised by the Division Bench in para No. 1 of the judgment, referred above, is reproduced hereasunder:-'Thousands of teachers by way of instant bunch of writ petitions, as mentioned in Schedule appended to each petition, have challenged the Constitutional validity of the Rajasthan Panchayati Raj (Amen...
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