Rajasthan Court October 2005 Judgments
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Alok Kumar Vs. Prem Singh and ors.
Court: Rajasthan
Decided on: Oct-19-2005
Reported in: I(2006)ACC322
Satya Prakash Pathak, J.1. These two Misc. appeals under Section 173, Motor Vehicles Act, 1988, for enhancement of award have been filed against one and the same award dated 16.3.1993 passed by Motor Accident Claims Tribunal, Jaipur, in MAC Case Nos. 812/91 (old No. 394/88), Alok Kumar v. Prem Singh and Ors. and 103/93 (old No. 502/88) Smt. Koyall and Ors. v. Prem Singh and Ors. whereby the learned Judge, Motor Accident Claims Tribunal awarded compensation amounting to Rs. 69,600 and Rs. 60,000 respectively in both these appeals. The appellants in both the appeals have prayed for awarding the amount of compensation as was originally claimed by them in the claim petitions filed before the learned Tribunal with suitable rate of interest from the date of filing of the claim petition. For disposal of these appeals, I take the facts of both the appeals one by one.(1) S.B. Civil Misc. Appeal No. 405/1993, Alok Kumar v. Prem Singh and Ors.2. The facts in nutshell as have been stated in the cl...
Jeki Qureshi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-18-2005
Reported in: RLW2005(4)Raj2881
Harbans Lal, J.1. Heard learned Counsel for petitioner Jeki Qureshi, learned Public Prosecutor for the State and perused the relevant documents placed before me.2. Without making any observation on the merits of this case at this stage but considering the submissions made at the bar, the nature of accusation against him, the materials on record and all other facts and circumstances of the case, I deem it just and proper to release him on bail.3. In the result this bail application Under Section 439 Cr.P.C. is allowed and it is directed that petitioner Jeki Qureshi S/o Saddik Qureshi shall be released on bail in FIR No. 208/2005 P.S. Srimadhopur, District Sikar for offences under Sections 341, 323, 324 and 326 IPC on his furnishing a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trail....
Alwar Prakashan and anr. Vs. K.K. Shrimal and anr.
Court: Rajasthan
Decided on: Oct-18-2005
Reported in: I(2007)BC349
Khem Chand Sharma, J.1. Since common question of law and facts are involved in all these appeals filed by the defendant-appellants arising out of the orders allowing the applications filed by the plaintiffs under Order 39, Rules 1 and 2, CPC as also the applications filed under Order 38, Rule 5, CPC, therefore, they are being decided by this common judgment.2. Briefly stated the facts of the case are that plaintiffs filed civil suits for recovery of loan amount against the defendants. Along with the suits, the plaintiffs filed applications under Order 39 Rules 1 and 2, C.P.C. alleging therein that the defendants with a view to defrauding the creditors intend or threaten to dispose of the property and prayed to restrain the defendants from selling, mortgaging or alienating the property. The plaintiffs also filed applications under Order 38 Rule 5, CPC alleging therein that the defendants with intent to obstruct and delay the execution of decree that may be passed against them are about ...
United India Insurance Co. Ltd. Vs. Shakuntala Sharma and anr.
Court: Rajasthan
Decided on: Oct-18-2005
Reported in: 2007ACJ1134; 2006WLC(Raj)UC61
Khem Chand Sharma, J.1. Since common question of law is involved in both the appeals filed by United India Insurance Co. Ltd. arising out of the award dated 4.10.2004, allowing the claim petitions filed by the claimants, therefore, they are being decided by this common judgment.2. Briefly stated the facts of the case are that on 12.1.2004 at 7.30 a.m., deceased Krishna Kumar and injured Rafiq along with others were travelling in a jeep bearing No. RJ 05-C 1739 and as soon as the jeep reached near village Jaraila, the driver of the truck No. RJ 11-G 0683 dashed it against the jeep by driving the truck rashly and negligently, as a result of which Krishna Kumar died on the spot and Rafiq sustained serious injuries. The wife and daughter of Krishna Kumar and Rafiq himself filed claim petitions. The learned Tribunal vide impugned award decided both the claim petitions and awarded compensation.3. The only legal ground to challenge the award urged by the learned Counsel for the appellant is t...
Giriraj Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-17-2005
Reported in: RLW2005(4)Raj2900; 2005(4)WLC763
Shiv Kumar Sharma, J.1. After the death of his first wife. Hanuman (since deceased) got married second time with Ms. Chhimma who developed illicit relationship with the appellant Girraj. Chhimma and Girraj were placed on trial before the learned Additional Sessions Judge Behror. District Alwar in Sessions Case No. 30/99, for having committed murder of Hanuman. Learned Judge vide Judgment dated November 7, 2001 convicted and sentenced the appellant Girraj under Section 302 IPC to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer imprisonment for one year. Charge against Chhimma was however not found proved and she was acquitted.2. First information report was lodged by Mahada (PW.5), elder brother of Hanuman, on April 25,1999 with the Police Station Bansoor to the effect that Hanuman his youngest brother, after division of properties was residing separately. Since burden of agricultural work was heavy, he employed one Giriraj (appellant) some five six years a...
Sringar Kanwar (Smt.) Through Lrs. and ors. Vs. Hari Singh Through Lrs ...
Court: Rajasthan
Decided on: Oct-17-2005
Reported in: RLW2006(1)Raj275; 2006(1)WLC51
Shiv Kumar Sharma, J. 1. This cluster of six appeals includes five DB Civil Special Appeals against the judgment and decree date March 4, 1987 of learned Single Judge whereby the first appeals bearing numbers 1/1983 and 27/1983 of Smt. Sringar Kanwar and Hari Singh were partly allowed and the decree of Trial Court dated November 18, 1982 was modified. The sixth Civil Misc. Appeal is preferred against the order dated December 7, 1987 by which defendant's application under Order 9 Rule 13 CPC, to set aside the ex parte decree dated November 18, 1982, was dismissed. 2. The litigation has a chequered history: On October 12, 1959, the plaintiff Hari Singh (since deceased) filed a suit for declaration and possession against defendant Smt. Sringar Kanwar. It was inter alia stated in the plaint that Thakur Berisal Singh, husband of Sringar Kanwar, adopted Hari Singh on September 24, 1943 and executed a deed of adoption which was registered. Thakur Berisal Singh died on October 10, 1947 leaving...
Shri Ram Oil Extractions Ltd. and anr. Vs. Raj. State Industrial Devel ...
Court: Rajasthan
Decided on: Oct-17-2005
Reported in: RLW2006(1)Raj561
Shiv Kumar Sharma, J.1. The petitioners in the instant writ petition seek direction in the name of Rajasthan Industrial Development & Investment Corporation Ltd. to grant to the petitioners all the benefits as provided under the guidelines issued by IDBI.2. I have heard the submissions advanced before me.3. The object of Article 226 of the Constitution Is the enforcement of an existing valid right and not establishment of any right. It Is not for the High Court to Interfere In the day- to-day work of statutory and other authorities, so long as they remain within their bounds and do their duties as enjoined on them by law. Since guidelines Issued by IDBI do not provide any valid right to the petitioner no relief as sought in the writ petition can be granted.4. I find no merit in the writ petition and the same stands accordingly dismissed without any order as to costs....
Sarjeet Singh Vs. State
Court: Rajasthan
Decided on: Oct-17-2005
Reported in: I(2006)DMC772
Satya Prakash Pathak, J. 1. This Criminal Appeal under Section 374, Cr.P.C., has been directed against judgment of conviction and order of sentence dated 15.10.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal Case No. 49/2003, State v. Sarjeet Singh, whereby accused Sarjeet Singh has been convicted under Section 306, IPC and sentenced to 4 years' rigorous imprisonment and a fine of Rs. 1,000, in default of payment of fine to further undergo one month's simple imprisonment. 2. Briefly stated, the facts of the case are that on 29.9.2002 at about 3 p.m. complainant P. W. 3 Santosh Devi lodged a written report Ex. P/7 at Police Station, Raisingh Nagar stating inter alia therein that she had got married her two nieces Reshma and Veero with Sarjeet Singh and his younger brother respectively and both the couple resided separately. On 26.9.2002, Reshma with her husband (son-in-law) came to her house and her husband told her that Reshma was fo...
Taj HussaIn Vs. Misru Khan and ors.
Court: Rajasthan
Decided on: Oct-17-2005
Reported in: I(2006)ACC30
Ajya Rastogi, J.1. The claimant has filed appeal (CMA No. 230/01) for enhancement of compensation awarded and cross-appeal (CMA No. 2148/2000) has been filed by non-claimants for reduction of amount awarded by Motor Accident Claims Tribunal, Ajmer ('Tribunal') in MACT Case No. 1005/99 (166/95). Since both arise out of award dated 8.9.2000 are accordingly disposed of by this common judgment.2. Claimant Taj Hussain, who was 12 years of age and student of III standard, had sustained serious injuries on 22.10.1994 as a result of which he became permanently disabled in an accident which took place by offending truck No. RNZ 8738 being driven rashly and negligently by Mishru Khan (driver) with high speed and without following traffic rules, nearby the Filter Pump on Fair Sagar Road, Ajmer. Offending truck and owned by the Public Health Engineering Department of Government of Rajasthan. As per claim petition, the accident was so serious that claimant sustained grievous injuries culminating in...
National Insurance Company Vs. Kamla
Court: Rajasthan
Decided on: Oct-17-2005
Reported in: I(2006)ACC84
ORDERAjay Rastogi, J.1. Instant appeal has been filed by Insurance Company against order dated 19.7.2001 passed by Motor Accident Claims Tribunal, Jaipur, ('Tribunal'), in Claim Application No. 1705 of 1997, in exercise of powers under Section 152, C.P.C., awarding interest @ 9% p.a., from the date of filing claim application till actual payment, on the compensation awarded vide award dated 23.6.2001.2. Claim petition was filed by widow and three minor children of late Jagdish Prasad, who was working as helper drawing monthly salary of Rs. 3,533 in Electricity Department, Chomu, who met with an accident on 22.9.1997. The Tribunal, after taking note of material on record awarded total compensation of Rs. 4,36,170 but so far as grant of interest is concerned, no finding was recorded of denying interest to the claimants for the period from date of filing claim petition till actual payment. However, the Tribunal granted interest @ 1?% p.a., only in case the compensation awarded is not paid...
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