Rajasthan Court February 2006 Judgments
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Om Dutt Bohra Vs. the Board of Secondary Education and anr.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: AIR2006Raj209; RLW2006(3)Raj1768; 2006(2)WLC520
Dinesh Maheshwari, J.1. This Court is constrained to observe at the outset that the only fault that could be attributed to the ward of the petitioner necessitating this writ petition is that he excelled in the studies and secured better marks.2. The petitioner has prayed for direction to the respondents for issuance of fresh corrected marks sheet of Secondary School Examination for his son Dixit Dutt Bohra in the circumstances narrated hereafter.3. Dixit Dutt Bohra appeared in Secondary School Examination 2004 while studying at the respondent No. 2 School, Navin Adarsh Vidhya Mandir, Ram Chowk, In-side Nagori Gate, Jodhpur, Another student named Dinesh Pareek was also studying at the same School and appeared in the same examination. As per the system of assessment, it appears that 10% of the marks are provided for the sessionals and are supplied by the School concerned on the basis of the marks obtained by a student in the Half-yearly examination conducted by the School.4. It is not in...
Amar Singh Vs. State of Raj.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: RLW2006(3)Raj1776; 2006(4)WLC375
R.S. Chauhan, J.1. The appellant has challenged the order dated 13.1.2003 whereby he has been convicted for offence under Section 302 IPC and has been sentenced to life imprisonment and imposed with a fine of Rs. 2,000/- and to further undergo a sentence of one year of rigorous imprisonment in default thereof.2. The brief facts of the case are that on 17.3.2000 the injured, Radhey Shyam, had given a Parcha Bayan (Ex.P. 1) to the police wherein he had stated that in the evening around 8.00 P.M. Balchand and Vikaram son of Shri Bherulal and he were going towards the Bazar from his house. As soon as they reached near the house of Salagram Gurjar, Vikaram and Sardar son of Salagram Gurjar and Amar Singh came from behind and assaulted them. While Kripal hit over the head, Amar Singh hit Balchand's head with a 'Lakadi' (piece of wood), Sardar Singh hit Vikaram over the head and on the eyes with a 'Lakadi'. When they shouted, Kripal's wife came out of her house with a 'Lathi' and hit him over...
Chiranjee Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: RLW2006(3)Raj2151; 2006(4)WLC395
Shiv Kumar Sharma, J.1. The appellant was charge sheeted for the murder of his wife Geeta. Learned trial Court found him guilty Under Section 302 IPC and convicted and sentenced him to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer six, months rigorous imprisonment. Hence this appeal.2. According to the prosecution version on September 15, 1999 at 2 PM the appellant had quarreled with Geeta, doused her with kerosene and set her ablaze. She was later removed to Hospital Jaipur. A statement was recorded from her by Ramesh Tiwari Police Inspector (PW. 5) on September 16, 1999 at 3.35 PM, which became the basis for the FIR later she succumbed to her burn injuries. The prosecution in support of its case examined as many as 15 witnesses. In the explanation Under Section 313 CrPC the appellant claimed innocence and stated that he did not set her ablaze, but made attempt to save her from death and he himself sustained burn injuries. Learned trial Court relied...
Mohan Lal Sukhadiya University Vs. Rajesh Kumar Makhija and anr.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: 2006(3)WLC43
Dinesh Maheshwari, J.1. In Civil Original Suit No. 337/1997 filed by the respondent No. 1 Rajesh Kumar Makhija for declaration and perpetual injunction against the appellant Mohan Lai Sukhadiya University, Udaipur and the Principal, Vidya Bhawan Govind Ram Seksaria Teachers Education, College, Udaipur, the Civil Judge (Junior Division), Udaipur City (North), Udaipur while passing the decree against the defendants on 20.1.1998, declared the action of the appellant University for cancellation of the admission and examination of the plaintiff, as illegal and void; and directed them to declare the result of the M.Ed. Examination taken by the plaintiff. The appeal taken by the University, being Civil Appeal No. 17/1998, was dismissed by the Additional District Judge No. 2, Udaipur on 1.2.1999. Aggrieved the defendant No.l appellant Mohan Lai Sukhadia University has preferred this Second Appeal.2. While admitting the instant Second Appeal on 7.5.1999, this Court formulated the following subs...
Gajanand Vs. Vishnu and ors.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: AIR2006Raj178; RLW2006(3)Raj2158; 2006(2)WLC687
Harbans Lal, J.1. The instant civil first appeal Under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 27.8.1981 passed by the learned District Judge, Sikar in Civil Original Suit No. 12/1976, whereby the suit of the plaintiff has been dismissed against defendants Nos. 1, 2, 3, 5 and 7 but has been decreed for a sum of Rs. 5,000/- against defendant No. 6 Dhanna Ram with proportionate costs.2. Briefly stated, the relevant facts giving rise to this appeal are that plaintiff-appellant Gajanand (since deceased) was detained in custody under the Defence and Internal Security of India Rules, 1971 pursuant to the notification issued by the President of India on June 26, 1975 during the emergency imposed in the country. It was alleged that the respondents who were his political rivals had got him arrested on a false accusation due to mala fides and as a result thereof, he had to not only undergo harassment and hardship in the custody, but his social ...
Dashrath Vs. Jagdish Prasad Jat and anr.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: III(2006)ACC50
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 28.3.1997 passed by the learned Judge, Motor Accident Claims Tribunal, Tonk whereby the learned Judge has awarded a sum of Rs. 1,67,275.2. 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.3. At the time of accident the age of the appellant claimant was 26 years and he was engaged as a driver and earning Rs. 1,800 per month. Taking the monthly income of appellant at Rs. 1,800 per month and considering his age, the learned Tribunal applied the multiplier of 17 and calculated the amount of compensation at 1800 x 12 x 1...
Phool Chand Yogi Vs. Sawai Singh and ors.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: III(2006)ACC85
ORDERG.S. Sarraf, J.1. Heard Mr. K.N. Tiwari, for the appellants and Mr. Vinod Tyagi for respondent No. 3.2. The facts in brief are that at about 6.15 p.m. on 27.8.1991, Truck RRL 9691 collided with a Babool tree near Ladi Ki Puliya within the jurisdiction of Jamwa Ramgarh Police Station and then fell down under the Puliya. One Srawan Lai died while the applicant-appellant Phool Chand Yogi sustained injuries in the accident. The injured Phool Chand Yogi and the legal representatives of the deceased Srawan filed two separate claims in the Motor Accident Claims Tribunal, Jaipur District Jaipur. According to the claim petitions, the driver Sawai Singh was driving the truck rashly and negligently. The learned Tribunal disposed of the two claims by one judgment and passed an award of Rs. 1,83,000 in favour of the legal representatives of the deceased Srawan and an award of Rs. 21,000 was passed in favour of the injured Phool Chand. The claimants have filed these two appeals against the judg...
Mohd. Salim Farooqui and ors. Vs. Ram Lal and ors.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: III(2006)ACC382
K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 7.8.1997 passed by the learned Judge, Motor Accident Claims Tribunal, Kota, whereby the learned Judge has awarded a sum of Rs. 1,08,000 out of the total claim of Rs. 9,00,000 as claimed by the claimants. 2. I have heard learned Counsel for the appellant and gone through the award sought to be modified. An unfortunate accident took place where Mohammed Ismile, a boy of 21 years was run over by the offending truck No. RJC 248 insured by the New India Insurance Company Ltd., respondent No. 3. In the claim petition, the claimants have claimed compensation to the tune of Rs. 9,00,000 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 by its driver has awarded a sum of Rs. 1,08,000, making the respondents liabl...
Rajendra Kumar and ors. Vs. Dinesh Kumar and ors.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: II(2006)ACC846
K.C. Sharma, J.1. Through this appeal under Section 110D of the Motor Vehicles Act, 1988 (sic. 1939) the appellant seeks to quash the award dated 27.10.1989 passed by the Motor Accident Claims Tribunal, Jaipur by which the learned Tribunal while awarding compensation has made liable the appellant along with others jointly and severally to pay compensation to the claimants.2. On 25.2.1982, while deceased Ganesh Narain along with his son Dinesh was on way to his house on Suvega No. RSM 201, truck No. RJZ 7535 which was alleged to be driven rashly and negligently by its driver Magan Singh hit the Suvega, as a result of which Dinesh sustained injuries while Ganesh Narain succumbed to the injuries. Two claim petitions, one by dependants of deceased and another by injured were filed. The learned Tribunal having held that accident occurred due to rash and negligent driving of truck, accepted the claim petitions, making the appellant and other liable jointly and severally to pay compensation.3...
Omveeri and ors. Vs. Mahendra Kumar and ors.
Court: Rajasthan
Decided on: Feb-14-2006
Reported in: III(2006)ACC355
K.C. Sharma, J.1. Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 5.4.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Hindaun City, whereby the learned Judge has awarded a sum of Rs. 75,000 out of the total claim of Rs. 8,14,000 as claimed by the claimants.2. I have heard learned Counsel for the parties and gone through the award sought to be modified. An unfortunate accident took place where Laxman Singh aged 20 years was run over by the offending truck No. 5237 insured by the National Insurance Company Ltd., respondent No 3. In the claim petition, the claimants have claimed compensation to the tune of Rs. 8,14,000 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 aforesaid truck by its driver has awarded a sum of Rs. 75,000 making the respondents liable t...
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