Rajasthan Court February 2006 Judgments
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Divisional Manager, Uco Bank Divisional Bani Park Vs. Ratan Singh Bhat ...
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: [2006(110)FLR800]; (2006)IIILLJ650Raj; RLW2006(3)Raj2150; 2007(1)SLJ320(Raj); 2006(3)WLC107
Shiv Kumar Sharma, J.1. The industrial dispute was between the individual driver (the respondent) and the Management of UCO Bank (appellant) and the reference was as to the justifiability of the termination of the services of Ratan Singh Bhati, driver of the said bank with effect from March 12, 1995. The reference assumes what really is the most contested point in the case as to whether Ratan Singh Bhati was the driver of the said Bank, definition, a workman means 'any person employed in any industry' and so the basic jurisdictional issue is as to whether the respondent workman was a person employed by the Bank. If he was, his termination was illegal. IT he was not, the reference to the industrial dispute was without jurisdiction. The Industrial Tribunal examined the matter and came to the conclusion that the driver was employed by the Bank. Consequently, a direction for reinstatement without back wages but with continuity of service, was made. The Management of Bank came up in writ pe...
Chanchal Bala (Kum.) Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: RLW2006(3)Raj2123; 2006(2)WLC697
Ashok Parihar, J.1. Since on similar set of facts, same prayers have been made in all the above writ petitions, the same have been heard together and are being decided by this common order.2. After receiving requisition from the State Government an advertisement was issued by the Rajasthan Public Service Commission (herein after to be referred as the Commission) on 20.01.1997 by which amongst others 12 posts of Lecturer in Beauty and Culture had also been notified The last date for submission of application forms was 15.3.1997. Eligible candidates including the petitioners were called for interview on 26th to 28th May, 1997 and subsequently, a select list was prepared and sent to the State Government. Name of one of the petitioners namely; Ku. Chanchal Bala also appeared in the reserve list. Not been successful in the selections made above by the Commission, the petitioners have preferred the above writ petitions not only challenging the entire selections but also the amendment made in...
Satviri Devi and ors. Vs. Surajpal Singh and ors.
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: III(2006)ACC78
ORDERK.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988 the appellant seeks to modify the award dated 30.9.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 1,62,000.2. I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 8,56,800 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of driver of both the vehicles, truck and the bus, awarded a compensation of Rs. 1,62,000.3. On 21.9.1998, truck No. DIG 3279 and bus No. UHN 2715 collided with each other at Ajmer Road. In the accident few persons including deceased Gulkandi Singh died and few persons sustained injuries. The deceased was travelling in the b...
Durgalal and ors. Vs. Surajpal Singh and ors.
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: III(2006)ACC240
K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant seeks to modify the award dated 30.9.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 38,400.2. I have heard learned Counsel for the parties and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 4,38,600 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of drivers of both the vehicles, truck and the bus, awarded a compensation of Rs. 38,400.3. On 21.9.1988, Truck No DIG 3279 and bus No. UHN 2715 collided with each other at Ajmer Road. In the accident few persons including deceased Tejmal died and few persons sustained injuries. The deceased was travelling in the bus belonging to ...
New India Assurance Company Vs. Suraj Pal Singh
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: III(2006)ACC133
ORDERK.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant seeks to quash the award dated 30.9.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Judge has awarded a sum of Rs. 45,000 in favour of Surajmal, driver of the truck involved in the accident, for the injuries sustained by him in the accident.2. I have heard learned Counsel for the appellant and gone through the award sought to be modified. In the claim petition, the claimant has claimed compensation to the tune of Rs. 8,52,000 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of truck and bus.3. On 21.9.1988, truck No. DIG 3279 and bus No. UHN 2715 collided with each other at Ajmer Road. In the accident few persons died and few persons including the present claimant respondent su...
Prem Devi and ors. Vs. Kurcha Ram and ors.
Court: Rajasthan
Decided on: Feb-21-2006
Reported in: III(2006)ACC369
K.C. Sharma, J.1. Through this appeal under Section 171 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 18.10.1993 passed by the learned Judge, Motor Accident Claims Tribunal, Sikar, whereby the learned Judge has awarded a sum of Rs. 2,01,600.2. I have heard learned Counsel for the parties and gone through the award sought to be modified. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of tractor No. DEG 1761 by its driver, respondent No. 1 has awarded a sum of Rs. 2,01,600 under the various heads, making the respondents liable to pay the award amount to the claimants, jointly and severally.3. A perusal of the award sought to be modified shows that in awarding compensation, the learned Judge, after considering the evidence, both ocular and documentary has assessed his gross income at Rs. 900 per month at the time of accident and afte...
Nathu Ram and anr. Vs. State of Raj. and anr.
Court: Rajasthan
Decided on: Feb-20-2006
Reported in: RLW2006(2)Raj1343
Gopal Krishan Vyas, J.1. On the allegation that the petitioners got into scuffle with two ladies viz., Sarla and Shanti and belaboured them with hands, farsi and stick, first information report was registered by the SHO, Police Station, Khunkhuna for offences under Sections 447 and 323, I.P.C. Later on, during the course of investigation, as a result of examination of injuries, Sections 307 and 325, I.P.C. were added. By filing the present petition under Section 482, Cr.P.C. the petitioners seek to raise hypothetical controversy that offences under Sections 447 and 323, I.P.C. are bailable offences and as a result of addition of Sections 307 and 325, I.P.C. the case of the petitioners came to fall in the category of non-bailable offences and as such valuable right of the petitioners to bail has been divested by the police by adding non-bailable offence to the investigation.2. Learned counsel for the petitioner submits that there was only one fracture on the hand of injured Shanti but t...
Rajesh Kumar and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Feb-20-2006
Reported in: 2006CriLJ2062; RLW2006(3)Raj1762; 2006(3)WLC632
ORDERR.S. Chauhan, J.1. The petitioners are challenging the continuation of the criminal proceedings which is pending before the Judicial Magistrate No. 2, Ajmer for offences under Sections 498A, 406, IPC and for Section 4 of the Dowry Prohibition Act.2. The brief facts of the case are that the present case emanates from a complaint filed by the Respondent No. 2. Smt. Savitri Devi against her husband, Petitioner No. 1, Rajesh Kumar and against her mother-in-law, the Petitioner No, 2, Smt. Tulsi alias Tulsa Devi and others. In the complaint, she has alleged that Rajesh Kumar and she were married at Delhi on 14-2-1992. Out of the wedlock, a boy was born on 28-1-1993. However, after his birth differences started to crop up between the husband and wife at Delhi. According to her, her husband would tell her that in case her parents were to give him one lakh of rupees, he would accept her as his wife. She further alleged, that he developed illicit relationship with one Ms. Pushpa Khokhal at ...
Hanuman Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-20-2006
Reported in: RLW2006(3)Raj1813; 2006(3)WLC105
Shiv Kumar Sharma, J.1. The appellant having been convicted and sentenced by the learned Additional Sessions Judge Kishangarh District Ajmer under Section 302 IPG has preferred this appeal. The conviction of appellant is principally founded on the ocular evidence of Laxman (Pw.1), Man Singh (Pw.4), Gheesu (Pw.5)and Dev Kishan (Pw.8). The facts emerging from the evidence of these four witnesses coupled with the evidence of other prosecution witnesses may be stated as follows:2. On December 6, 1999 after the informant Laxman (Pw.1) and the appellant picked up quarrel, Bhanwar Lal (deceased), the maternal grand father of Laxman, had gone to the market to meet Ram Niwas (father of appellant) who was found standing on the road in front of a shop, when Ram Niwas and Bhanwar Lal had altercations, appellant suddenly appeared and inflicted knife blow on the abdomen of Bhanwar Lai who was removed to the hospital where he died. As per postmortem report Ex.P-13 following antemortem injuries were f...
Chhitanya and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-20-2006
Reported in: RLW2006(3)Raj2190; 2006(3)WLC128
Shiv Kumar Sharma, J.1. Four appellants, along with co-accused Prakashi who died during trial, were tried by the learned Additional Sessions Judge (Fast Track) No. 2, Bharatpur in Sessions Case No. 195/2001. Learned Judge vide judgment dated November 23, 2002 convicted and sentenced the appellants as under:Atar Singh:Under Sectionb 302 IPC:To suffer imprisonment for life and fine of Rs. 500/- in default to further suffer rigorous imprisonment for two months.Under Section 307 IPC:To suffer rigorous imprisonment for five years and fine of Rs. 500/-in default to further suffer rigorous imprisonment for two months.Under Section 147 IPC:To suffer rigorous imprisonment for one year.Under Section 148 IPC:To suffer rigorous imprisonment for one year.Under Section 323 IPC:To suffer rigorous imprisonment for six months.Under Section 341 IPC:To suffer rigorous imprisonment for one month.Jal Singh:Under Section 302/149 IPC.To suffer imprisonment for life and fine of Rs. 500/- in default to further...
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