Rajasthan Court July 2005 Judgments
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Rishi Deo and ors. Vs. State of Raj. and ors.
Court: Rajasthan
Decided on: Jul-15-2005
Reported in: RLW2005(4)Raj2652; 2005(4)WLC276
R.P. Vyas, J.1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner with a prayer that the respondents be directed to fix their salary by counting their services from the date of initial appointment i.e. 1.7.99 as if their services were never terminated and respondents be directed to pay arrears of salary from the date of re-appointment consequent upon fixation of their salary and the respondents may further be directed to assign seniority to the petitioners from the date of initial appointment i.e. 1.7.99.2. The brief facts of the case are that an advertisement was issued by the District Establishment Committee, Zila Parishad, Jalore inviting applications for appointment to the post of Teacher Gr. III. The petitioners also applied for the same and on being selected they were appointed in different Panchayat Samities. Pursuant to their appointments the petitioners joined duties on 1.7.99. However, the services of the petitioners wer...
Niroti and anr. Vs. Judge, Motor Accident Claims Tribunal and anr.
Court: Rajasthan
Decided on: Jul-15-2005
Reported in: III(2006)ACC139; RLW2006(1)Raj554; 2006(1)WLC724
G.S. Misra, J.1. This appeal has been preferred against the judgment and order of the learned single judge who has been pleased to dismiss the writ petition and upheld the order of the executing court which has refused to award interest to the appellants-claimants on the amount of compensation from the date of the filing of the application but awarded interest from the date of the judgment and order passed on 15.2.2001 by the learned single judge.2. To clarify the aforesaid position it may be stated that the appellants initially had filed a claim petition before the Motor Accident Claims Tribunal which was dismissed but they succeeded in appeal before the High Court, where the claim was allowed and a sum of Rs. 1,50,0007- was determined by way of compensation, besides Rs. 2000/- towards funeral expenses, and accordingly an award was passed in favour of the appellants. The learned single judge while allowing this appeal also held that the claimant - appellants shall be entitled to inter...
Sri Chand Vs. Rajendra Kumar and ors.
Court: Rajasthan
Decided on: Jul-14-2005
Reported in: RLW2005(4)Raj2235; 2005(4)WLC521
Narendra Kumar Jain, J.1. These two appeals are directed against the judgment dated 3.5.1991 passed by the Motor Accident Claims Tribunal, Jaipur, in MACT Cases Nos. 51/87 and 52/87 whereby the learned Tribunal awarded a sum of Rs. 22,000/- in MACT Case No. 52/87 in respect of injuries sustained by the injured claimant- appellant Sri Chand and Rs. 1,55,000/- in MACT Case No. 51/87 in respect of death of Late Sh. Kashi Ram, in an accident took place on 12.10.1986 arising out of the motor vehicle. Both these appeals have been filed by the injured appellant as well as legal representatives of the deceased Kashi Ram for enhancement of the amount of compensation. Both the appeals are directed against common judgment, therefore, they are being disposed off by this common order.2. Learned counsel for the appellant submits that in the case of injured Sri Chand, the amount of compensation of Rs. 10,000/- on account of injuries as well as mental agony is inadequate and it should at least be enha...
Heera Lal Vs. Rent Tribunal and ors.
Court: Rajasthan
Decided on: Jul-14-2005
Reported in: RLW2005(4)Raj2274; 2005(4)WLC301
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. Brief facts of the case are that the plaintiffs/respondent No. 3 field a suit for eviction of his tenant petitioner under Section 9(i) and 10(c) of the Rajasthan Rent Control Act, 2001 (in short 'the Act of 2001') alleging that the plaintiff is in need of the suit premises and since he is a senior citizen, therefore, also, he is entitled for immediate possession of the suit premises under Section 10(c). In addition to above, the plaintiff sought eviction of tenant in case, the landlord has incurred any permanent disability due to which he cannot use staircase and requires ground floor premises for his own residence. The Trial Court passed the decree for eviction of the tenant on the ground of personal need of landlord under Section 9(i) and refused relief for immediate possession under Sections 10(c) and 10(3) of the Act of 2001. The petitioner's appeal against eviction decree was dismissed by the appellate Court.3. The petit...
Ankita Gupta and ors. Vs. Maharshi Dyanand Saraswati University and or ...
Court: Rajasthan
Decided on: Jul-14-2005
Reported in: RLW2005(4)Raj2684; 2005(4)WLC433
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. The grievance of the petitioners is that the paper setters have committee errors while giving correct answers to the questions set by them and therefore, they supplied wrong answers in the 'key answer' supplied for evolution of the marks of the students, who appeared in Pre-Medical and Pre-Veterinary Examinations held in Rajasthan. According to the petitioners answers of 16 questions are wrong in 'key answer.' The one answer consists of three marks and on giving wrong answer by the student, he gets one negative mark for each wrong answer. Therefore, in present test, a student who gave in fact, right answer, but that answer was treated as wrong answer because it is not as per the answers given in 'key answer' supplied to the University by the paper setter. According to learned Counsels for the petitioners thereby in case, when a student even when gave right answer for one question still he is deprived from four marks for one q...
Ganga Ram Vs. Kamal Chand (Deceased by L.Rs.) and ors.
Court: Rajasthan
Decided on: Jul-14-2005
Reported in: AIR2006Raj17
Rajesh Balia, J.1. At the request of learned counsel for the parties, the preparation of Paper Book in the present appeal is dispensed with.2. This appeal is directed against the judgment of the learned single Judge dated 26-5-1994* dismissing the Appeal No. 20/ 80 against the judgment and decree passed by the learned District Judge on 5-2-1980 in Civil Suit No. 5/73.3. The suit was filed by respondent-Kamal Chand (since deceased) against the appellant-Gangaram for recovery of possession of property in question inter alia on the ground that the plaintiff was in occupation of the property in question as licensee from the defendant.4. The defendant pleaded in defence that the plaintiff is estopped from recovering the possession of the property in question inter alia on the ground that the defendant was in possession of the property in question in part performance of an agreement to sell which came into existence between the plaintiff and the defendant.5. The property in question is 2.000...
National Insurance Co. Ltd. Vs. Om Prakash and ors.
Court: Rajasthan
Decided on: Jul-14-2005
Reported in: IV(2006)ACC324; 2006ACJ1334; 2005WLC(Raj)UC694
J.R. Goyal, J.1. Instant appeal has been preferred by the appellant National Insurance Co. Ltd. against the judgment and award dated 10.4.2003 passed by Motor Accidents Claims Tribunal, Aklera in Claim Petition No. 34 of 2000 whereby the claim petition of the claimant has been allowed and an award of compensation of Rs. 60,000 with interest at the rate of 9 per cent per annum from the date of filing the claim petition, i.e., 29.5.2000 has been passed.2. Facts is brief giving rise to this appeal are that claimant Om Prakash sustained grievous injuries while he was going to his village in a tractor No. RJ 17-R 2692 and trolley No. RJ 17-E 0994 which was overturned due to rash and negligent driving of its driver Banwari Lal.3. Owner and driver of the tractor filed reply denying their liability, while National Insurance Co. Ltd. also filed separate reply stating therein that tractor was insured for the agriculture purposes but it was being used for carrying the passengers against the terms...
Rajpal Sharma and anr. Vs. University of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-12-2005
Reported in: AIR2005Raj313; RLW2005(4)Raj2322; 2005(4)WLC332
ORDERThis is in compliance to the decision of the Hon'ble High Court in D.B. Civil Special Appeal No. 188/2002 dated 25.8.2003 and consequently the order of the Vice Chancellor issued vide letter No. VCS/2005/953 dated 11.5.2005 regarding term of office bearers of the Rajasthan University Student's Union. I am enclosing herewith copy of the order dated 25.8.2003 for your perusal and consideration, contents of which are self explanatory.You are, therefore, advised to kindly hand over the charge of the office immediately to the undersigned so that proper action may be taken as per orders of the Hon'ble High Court.Sd/-(Prof. B.S. Bijnaria)Dean Students' Welfare10. The Division Bench in Bharat Bhushan's case (supra) considered the rights of Students to elect representatives of their Union. The Division Bench held that 'though, there is no specific provision for framing the constitution of the Students' Union, but in our opinion, in the exercise of powers conferred under Section 4 of the Ac...
Suraj Kanwar (Smt.) and ors. Vs. Rsrtc and ors.
Court: Rajasthan
Decided on: Jul-12-2005
Reported in: IV(2005)ACC558; RLW2005(4)Raj2530; 2005(4)WLC67
Narendra Kumar Jain, J.1. The claimant-appellants have filed this appeal for enhancement of the amount of compensation in respect of death of late Shri Kapoor Chand Nuwal, Advocate, Bundi who died in an accident arising out of a motor vehicle on 12th April, 1989.2. The claimant-appellants filed an application for compensation of Rs. 20,38,000/- against the non-claimant- respondents. It was pleaded that deceased Kapoor Chand Nuwal was going on his scooter from Bundi to Keshoraipatan and when he had crossed pulia (narrow bridge) then a bus belonging to RSRTC, Jaipur bearing No. RNE-8665 came in a very high speed and hit the scooter. The scooter driver sustained injuries, he was admitted in hospital where he died. It was also pleaded that deceased late Shri Kapoor Chand Nuwal was an. Advocate. He was earning Rs. 75,000/-per year. It was also pleaded that he was 56 years of age, he would have earned Rs. 1,50,000/- per year upto the age of 75 years. The respondents-non-claimants filed their...
Sardarmal and ors. Vs. R.S.R.T.C. and anr.
Court: Rajasthan
Decided on: Jul-11-2005
Reported in: RLW2005(4)Raj2221; 2005WLC(Raj)UC732
Narendra Kumar Jain, J.1. This Misc. Appeal is directed against the judgment/award dated 11.7.2000 passed by the learned Judge, MACT Court, Neem-Ka-Thana, Sikar in MACT case No. 111/96 wherein tribunal has awarded a sum of Rs. 94,900/- as total compensation in favour of the claimant-appellants in respect of death of Pankaj Kumar aged about 15 years who died in an accident took place on 21.9.96 arising out of motor vehicle.2. The facts of the case are not in dispute in between both the parties, therefore, they are not being narrated here. The only grievance of appellants is that the adequate amount of compensation has not been awarded. He submits that this Court in the case of Shobha Ram and Ors. v. Krishna v. Kanat and Ors. (WLC 2004 (Raj.) UC 616) has awarded a sum of Rs. 1,50,000/- as compensation in respect of death of a boy aged 6 years. He submits that in that case, the tribunal awarded Rs. 30,000/- which was enhanced to Rs. 1,50,000/- by this Court. He further submits that in Sha...
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