Rajasthan Court March 2006 Judgments
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Shashi Alias Mala Vs. State and anr.
Court: Rajasthan
Decided on: Mar-27-2006
Reported in: RLW2007(1)Raj672
R.S. Chauhan, J.1. Both these Misc. Petitions arise out of impugned order dated 5.8.02 passed by the Special Judge (SC/ST Prevention of Atrocities) Cases & Addl. Sessions Judge, Alwar whereby he has directed the Family Court to given an opportunity to both the husband the wife with regard to quantum of their salary and economic condition and to decide the quantum of the maintenance thereafter. Since both the petitions arise out of the same impugned order, they are being decided by this common order.2. The brief facts of the case are that the petitioner, Neeraj Sharma, was married to the respondent No. 1, Smt. Shashi @ Mala, on 14.2.94 in accordance with the Hindu rites. Subsequently, a daughter, respondent No. 2, was born to the couple. However, it seems that differences arose between the couple. Eventually, the wife left the metrimonial home and went back to her parental place. Since she was unable to support herself and the child, she filed an application under Section 125 of the Cri...
Amar Singh Vs. Samsher Khan and ors.
Court: Rajasthan
Decided on: Mar-27-2006
Reported in: 2007ACJ1983
R.S. Chauhan, J.1. Employed with the Public Works Department as a driver, at the age of 55 years, on 29.5.1995 the appellant met with an accident with the truck in village Rampura in the early hours of the morning. Consequently, he sustained fracture, in both his legs and in his hands and injuries on his knees and his teeth. According to the permanent disability certificate the appellant suffered permanent disability up to 58.08 per cent. Because of his disability he could no longer drive a car. Hence, his means of livelihood had suddenly ended. Appellant had filed a claim petition before the Motor Accidents Claims Tribunal, Jaipur District, Jaipur. Vide the award dated 19.8.2002, the learned Tribunal was pleased to grant the compensation of Rs. 2,25,000. However, as the appellant is aggrieved by the said award, he has filed the present appeal before us.2. Mr. M.C. Jain, the learned Counsel for the appellant, has argued that because of the accident the appellant's leg has been shortene...
Agrawal Shiksha Samiti (Shri) and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-24-2006
Reported in: RLW2006(2)Raj1642; 2006(3)WLC1
Prem Shanker Asopa, J.1. By this writ petition the petitioners- Institution seeks to challenge the order dated 1.8.1994 of the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur (for short 'the Tribunal) in case No. 127/94 whereby the Tribunal has directed the petitioners-Institution to fill the vacant post of Library LDC by promoting respondent No. 3 Beni Prasad Saini, who is class-IV employee.2. Briefly stated the relevant facts of the case are that the respondent No. 3 filed an appeal before the Tribunal for seeking direction for filling the post of Library LDC by promoting him and further the advertisement issued for filling the same be quashed. It has also been prayed that in case during pendency of the appeal, the post is filled in pursuance to the said advertisement, then the same be declared illegal and contrary to law. In the appeal before the Tribunal, the respondent No. 3 has submitted that he is class-IV employee in Agrawal College since 25 years having qual...
Balwant Singh Parihar and anr. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Mar-24-2006
Reported in: RLW2006(3)Raj1987; 2006(3)WLC598
Prem Shanker Asopa, J.1. By this writ petition the petitioners working as Assistant Public Prosecutor/Public Prosecutor are seeking appropriate writ order or direction for grant of parity in pay with retrospective effect to that of their counter parts in CBI, Delhi Police and Union Territories. The other prayers have also been made but this Court while admitting the writ petition on 3.5.1994, limited the case to the question for grant of equal pay for equal work from the date of writ petition.2. Briefly stated the relevant facts of the case are that the petitioners are working as Assistant Public Prosecutor/Public Prosecutor in Railway Protection Force and are conducting the case under the Railway Protection Force Act, 1957 and Rules, 1987. The main grievance of the petitioners is that they are entitled to pay parity with their counter parts working in Delhi Administration, CBI working under the Ministry of Home Affairs and Union Territories on the basis of equal pay for equal work as ...
L.Rs. of Magna Vs. Amar Chand and ors.
Court: Rajasthan
Decided on: Mar-24-2006
Reported in: RLW2007(3)Raj2200
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. This second appeal is against the judgment and decree passed by the trial court dated 15.11.1976 in Civil Original Suit No. 329/1969 by which the trial court decreed the suit of the plaintiffs for specific performance of the contract and against the appellate judgment and decree dated 11.11.1985 in Civil First Appeal No. 46/1980 by which the appellate court partly allowed the appeal and though upheld the decree for specific performance of the contract but set aside the decree for possession on the ground that since the land is agricultural, therefore, decree for possession can be granted only by Revenue Court. The respondent- plaintiffs also submitted cross objection against decree as modified by the first appellate court denying the relief of possession in a suit of specific performance of the contract despite decreeing the suit for specific performance of the contract.3. Brief facts of the case are that the defendant-appell...
Savitri Devi (Smt.) Vs. Ramesh Chand and ors.
Court: Rajasthan
Decided on: Mar-23-2006
Reported in: IV(2006)ACC242; 2008ACJ210; RLW2006(2)Raj1471; 2006(3)WLC332
R.S. Chauhan, J. 1. The appellant is challenging the award dated 16.9.2005 passed by the Motor Accident Claims Tribunal (Fast Track), Kotputli, District Jaipur whereby the claim petition filed by the appellant has been dismissed and direction has been issued to recover the amount of Rs. 25,000/- along with 6% interest within a period of two months from passing of the said award. 2. The brief facts of the case are that on 27.7.2003 when the appellant and her brother, Ram Singh, were coming from her in- laws' house and going to her parental home at Devta, by a motor cycle, suddenly near a turn of Mothuka Road, a jeep, bearing Registration No. R.J-32C-0405, being driven by the respondent No. 1 in a rash and negligent manner, allegedly collided with the motor cycle. Consequently, the appellant had suffered various injuries on her person. She further claimed that her right hand was crushed. Subsequently, her right hand was even amputated by one Dr. Murari Lal. A FIR was lodged at the Police...
Kudrat Ali Vs. Municipal Council and ors.
Court: Rajasthan
Decided on: Mar-23-2006
Reported in: RLW2006(4)Raj2977
Rajesh Balia, J.1. This appeal is directed against the order of learned Single Judge dated 13th July, 2000 by which the writ petition No. 4182/92 filed by the appellant was dismissed by holding that there is delay of 15 years in filing the writ petition as the seniority list was prepared in 1976.2. The background of the writ petition which emerges from the facts narrated and about which there is no dispute is that the petitioner-appellant was initially appointed as temporary L.D.C. in the Municipal Council, Bhilwara on 15th June, 1972. He worked on that post continuously until March 4, 1976 when his temporary services were brought to an end. The said termination order was subject matter of S.B. Civil Writ Petition No. 489/76. In the said proceedings termination order was found to be invalid.3. During the pendency of the said writ petition, the petition came to be appointed substantively on the recommendations made by the Commission on being selected on the post of LDC by the Commission...
Suresh Chand Sharma and ors. Vs. State and anr.
Court: Rajasthan
Decided on: Mar-23-2006
Reported in: RLW2007(2)Raj1088
Gyan Sudha Misra, J.1. In all these four appeals, the appellants have assailed the order of the learned Single Judge who had been pleased to dismiss the writ petitions filed by the petitioners/appellants herein who had been appointed as Class-IV employees on the basis of an express order of appointment stating that they were appointed for a period of one year and after expiry of the period of one year, their services were terminated. Having felt aggrieved of the order of termination they filed writ petitions before the learned Single Judge challenging the same but the learned Single Judge for the reasons stated in the impugned judgment & order, was pleased to reject all the four writ petitions against which these appeals have been preferred.2. Assailing the impugned-judgment & order of the learned Single Judge, it was vehemently and with excessive zeal argued by the counsel representing the petitioners-appellants that even though the appointments of the petitioners-appellants were on t...
Nirmal Kumar Mishra Vs. Natthu Singh and ors.
Court: Rajasthan
Decided on: Mar-23-2006
Reported in: III(2006)ACC799
Vineet Kothari, J.1. Heard learned Counsel for the parties.2. This appeal is directed against the award dated 8th December, 1997 passed by learned Judge, Motor Accident Claims Tribunal, Khetari from claimant's side who suffered injuries in an accident which took place on 30th June, 1989 when he was hit by jeep No. RJP-5891 coming from the side of Singhana to Chidawa. The said claimant got down from R.S.R.T.C. bus and was going from the back side of the said bus and when he was crossing the road, the said jeep coming from the opposite side, hit him and as a result of this accident, he suffered injuries.3. Exhibit 27, medical certificate of Asstt. Professor of Orthopaedics Department, S.M.S., Hospital Jaipur dated 5th September, 1990 shows that claimant is having weakness of quadriceps on affected side with restricted knee movement (5-100 range) and shortening of leg by approximately 1 cm. The said certificate given after about one and half years of the injuries, shows that claimant suff...
State of Rajasthan (the) Through Food Inspector Vs. Gauri Shanker Agar ...
Court: Rajasthan
Decided on: Mar-22-2006
Reported in: 2006CriLJ2528; RLW2006(2)Raj1638; 2006(4)WLC705
K.C. Sharma, J.1. This appeal by the State of Rajasthan, through Food Inspector arises out of the judgment and order dated 16.8.1983 passed by the learned Chief Judicial Magistrate, Jaipur, by which the learned Magistrate has acquitted the accused respondent from the charge under Section under Section 7/16 of the Prevention of Food Adulteration Act .2. The prosecution case in nut shell is that on 16.6,1979, PW1 Devi Singh, Food Inspector visited the firm of accused respondent situated in Bagru-walon-ka-rasta, Jaipur and took the sample of chilly powder from the premises, which were being used by the accused respondent for selling chilly powder etc. The sample, on analysis was found to be adulterated. The report Ex.P8 of the State Central Public Health Laboratory Rajasthan, Jaipur reflects that Ash insoluble in dilute Hcl was 2.58%. On the contrary, the report, Ex.P9 of the Central Food Laboratory, Ghaziabad indicates that percentage of Ash insoluble in dilute HCL was 2.3%. The Rules fr...
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