Rajasthan Court February 2006 Judgments
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State Bank of Bikaner and Jaipur Vs. Madan Gopal, Proprietor and anr.
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: AIR2006Raj205; I(2007)BC216; RLW2006(2)Raj1637; 2006(3)WLC127
Harbans Lal, J.1. The instant civil regular first appeal under Section 96 C.P.C. is directed against the judgment and decree dated 17.12.1982 passed by the learned District & Sessions Judge, Jaipur City, Jaipur in Civil Original Suit No. 53/80 whereby, the suit for recovery of Rs. 54,642.89/- was dismissed. However, the cost was made easy.2. Briefly stated, the relevant facts are that the plaintiff- appellant filed a civil suit against the defendants with the averments that on the request of defendant No. 1 Madan Gopal, who deals in the business in the name of Goyal Crusher. The plaintiff-bank agreed to advance loan for a sum of Rs. 28,000/- to defendant No, 1 for the purchase of machinery. He was advanced medium term loan of Rs. 13,657/- on 13.6.1970 and Rs. 14300/- on 26.6.1970. Defendant No. 1 executed a hypothication agreement on 13.6.1970 in favour of the plaintiff appellant agreeing to pay the loan amount in the quarterly installments. Defendant No. 2 Janki Nath furnished guarant...
State Vs. Surana Enterprises
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: RLW2006(2)Raj1672
Harbans Lal, J.1. The instant civil regular first appeal under Section 96 C.P.C. is directed against the judgment and decree of the learned District & Sessions Judge, Jaipur City, Jaipur dated 22.9.1982.2. The relevant facts, in brief, are that the plaintiff- respondent filed a suit against the defendant-appellant for declaration and recovery of Rs. 1,47,400/- with the averments that the respondent-firm as a registered firm. It was granted permission for construction of a cinema hall on a residential plot situated in C-Scheme. The letter was written informing that His Excellancy, the Governor had been pleased to grant permission to construct the cinema hall on Plot No. C-16 situated in C- Scheme which was meant for residential use to be used as commercial plot. The said plot was owned by Smt. Jatan Kanwar W/o Mehtab Chand Golecha. The District Magistrate who was earlier licensing authority in this regard has also issued no objection certificate. It transpired that Golecha Properties Pv...
State of Rajasthan and ors. Vs. Chandra Prakash Gupta
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: RLW2006(2)Raj1678; 2006(2)WLC713
Harbans Lal, J.1. The instant civil second appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated February 17, 1994 in Civil Appeal No. 143/1982 passed by the learned Addl. District & Sessions Judge No. 4, Jaipur City, Jaipur whereby the judgment and decree dated 20.8.1982 passed by the learned Munsif cum Judicial Magistrate No. 7, Jaipur City, Jaipur has been upheld and affirmed.2. Briefly stated, the relevant facts are that respondent Chandra Prakash Gupta was provisionally working as Librarian in the Education Department of the State of Rajasthan and he was declared permanent vide order dated 5.6.1967. He alleged to have misused the government fund in dereliction discharge of his duties. He also declared the post of Driver as surplus and as a result whereof the government jeep even though in working condition remained idle for more than 2 years. A departmental enquiry was initiated against him on the aforesaid charges under Ru...
Mangi Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: RLW2006(3)Raj1744; 2006(2)WLC707
R.S. Chauhan, J.1. The three appellants, Mangi Lal (A-1). Rampal (A-2) and Madan Lal (A-3) have filed two different appeals challenging the same impugned judgment dated 1.10.2001 passed by the Additional District and Sessions Judge (Fast Track) Ajmer whereby the Learned Trial Court has convicted Mangi Lal of offence under Section 302 IPC and has sentenced him to Life Imprisonment and imposed a fine of Rs. 1000/- and to further undergo a sentence of three months of simple imprisonment in default thereof. The learned Trial Court has also convicted Rampal and Madan Lal for offence under Section 324 IPC and has sentenced them to three years of R.I. and imposed a fine of Rs. 1000/- each and to further undergo a sentence of three months of simple imprisonment in default thereof. Since the two appeals arise out of the same judgment, they are being decided by this common judgment.2. The brief facts of the case are that on 1.2.98, the police recorded the statement of the injured, Bhagchand (P.W...
Dwarka Das Rathi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: RLW2006(3)Raj2570
R.C. Gandhi, J.1. The petitioner seeks a direction to the respondents to pay interest @ 12% per annum to the petitioner for delayed payment of retiral benefits and also seeks further direction to pay-a sum of Rs. 6,000/- towards medical aid to the petitioner.2. The petitioner superannuated on 31.12.1996 as Accountant from the Dr. S.N. Medical College, Jodhpur. He requested the Principal, Medical College, Jodhpur on 26.11.1996 to release his retiral benefits and also made an application on 24.2.1997 for commutation of pension. He also conveyed to the respondents that there is no inquiry pending or any amount due towards the Government. The respondent made payment of commutation money less to that was due, to the tune of Rs. 3,869/-. On these grounds, he seeks relief on account of delayed payment.3. The respondents have filed reply stating therein that time has been consumed in correspondence within the department/departments as the service record of the petitioner could not be made avai...
Karan Singh and anr. Vs. Paramjeet Singh and ors.
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: 2007ACJ2257
Manak Mohta, J.1. This appeal is directed against the judgment and award dated 25.11.1995 passed by the Judge, Motor Accidents Claims Tribunal, Phalodi in M.A.C.T. Claim Case No. 153 of 1994, whereby the Tribunal has accepted the claim petition in favour of appellants and awarded Rs. 1,15,000 as compensation and directed the respondent No. 2 (insurance company of truck) to pay compensation along with interest at the rate of 12 per cent per annum from the date of filing of claim petition.2. Briefly stated, the facts of the case are that on 25.5.93 at 2 p.m. near Roopana Jaitana (Devraj Nada) on Lohawat-Phalodi route, an accident took place between a jeep and truck. The jeep was proceeding towards Phalodi, which was being driven by Manoharlal and truck No. RRK 5365 was coming from Phalodi side, which was being driven by Paramjeet Singh at a high speed, rashly and negligently, as a result of which, both vehicles collided with each other. In the said accident Chhail Singh who boarded the j...
Rajasthan State Road Transport Corporation and anr. Vs. Jamal Deen and ...
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: 2007ACJ2732
Manak Mohta, J.1. This appeal is directed against the judgment and award dated 12.12.1994 passed by the Judge, Motor Accidents Claims Tribunal, Nohar Camp at Bhadra in M.A.C.T. Case No. 84 of 1992, whereby the learned Tribunal has allowed the claim petition and has awarded a sum of Rs. 78,000 plus interest at the rate of 12 per cent per annum from the date of filing of the claim petition in favour of the claimants-respondents and against the non-claimants-appellants.2. Brief facts giving rise to the present appeal are that on 28.6.1992 a bus bearing No. RJ 14-P 1062, which belonged to the R.S.R.T.C, Sriganganagar Depot was plying on Bhadra-Bikaner route. As per the facts stated in the claim petition, Khanu sat on the top of the bus with prior permission of the driver. One Rai Singh, son of Lalchand Jat, resident of village Kunji, Tehsil Bhadra and other persons were also sitting on the top of the bus. At Kunji Bus Stand, they came into contact with live electric wires, as a result of w...
R.S.R.T.C and anr. Vs. Jamal Deen and anr.
Court: Rajasthan
Decided on: Feb-17-2006
Reported in: III(2006)ACC681; 2006(3)WLC68
ORDERManak Mohta, J.1. This appeal is directed against the judgment and award dated 12.12.1994 passed by the Judge, Motor Accident Claims Tribunal, Nohar Camp at Bhadra in MACT Case No. 84 of 1992 whereby the learned Tribunal has allowed the claim petition and has awarded a sum of Rs. 78,000 plus interest at the rate of 12% per annum from the date of filing of the claim petition in favour of the claimant-respondents and against the non-claimant-appellants.2. Brief facts giving rise to the present appeal are that on 28.6.1992 a bus bearing No. RJ 14-P/1062, which belonged to Sri Ganganagar RSRTC Depot was plying on Bhadra-B ikaner route. As per the facts stated in the claim petition, Khanu sat on the top of the bus with prior permission of the driver. One Raisingh s/o Lalchand Jat r/o Village Kunji, Tehsil Bhadra and other persons were also sitting on the top of the bus. At Kunji bus-stand, they came into contact with live electric wires, as a result of which, Khanu died and other perso...
Birju Ram and anr. Etc. Vs. State of Rajasthan and ors. and Etc.
Court: Rajasthan
Decided on: Feb-16-2006
Reported in: 2006CriLJ1794; RLW2006(3)Raj2090; 2006(2)WLC529
N.N. Mathur, J.1. The instant habeas corpus petition though filed way back in September, 2000 and the corpus namely Mst. Bagtu was produced in Court on 16-11-2000 and the custody was given to the petitioners, but the petition has been kept pending to ensure that the culprits are brought to the book and complete justice is done to the victim. The proceedings in the instant case has raised certain important issues of criminal justice system with reference to the offence against women. Much is said about gender justice in the United Charter. In the Indian Constitution, there are provisions of equality jurisprudence. The crime against women has been specified under various provisions in Indian Penal Code i.e. Sections 376, 366, 354, 304B, 306, 498A and 509, I.P.C. The domestic violence has also been covered under the Indian Penal Code by recent amendments. There are special laws like Commission of Sati Prevention Act, 1987, Dowry Prohibition Act, 1961, Immoral Trafficking Prevention Act, 1...
Rajasthan Rajya Vidhyut Prasaran Limited Vs. Daya Ram
Court: Rajasthan
Decided on: Feb-16-2006
Reported in: RLW2006(2)Raj1630; 2006(2)WLC673
Harbans Lal, J.1. The instant civil second appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree passed by the learned Additional District & Sessions Judge No. 7, Jaipur city, Jaipur in Civil Appeal No. 35/1989 dated 5.3.1991 rejecting the appeal of the appellant against the judgment and decree dated 18.10,1986 passed by the learned Additional Munsiff cum Judicial Magistrate No. 2, Jaipur city, Jaipur in Civil Original Suit No. 69/1980.2. This appeal was admitted on 24.3.1992 on the following substantial questions of law: -(i) Whether in the facts and circumstances of the case without challenging the finding of issue No. 7, the Appellate Court was justified for granting the decree of declaration by modifying the judgment and decree of the Trial Court even without filing the cross-objection and the appeal.(ii) Whether in the facts and circumstances of the case, the decree of specific performance by declaring the plaintiff for promotion and t...
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