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Rajasthan Court February 2007 Judgments

Feb 28 2007

Oriental Insurance Company Ltd. Vs. Smt. Charu Agrawal and ors.

Court: Rajasthan

Decided on: Feb-28-2007

Reported in: 2008ACJ1243; AIR2007Raj153; RLW2007(3)Raj1990

R.S. Chauhan, J.1. The Oriental Insurance Company has challenged the award dated 11.6.97 passed by the Motor Accident Claims Tribunal, Dausa (henceforth to be referred to as 'the Tribunal' for short) whereby the learned Tribunal has granted a compensation of Rs. 6,92,000/- and has held the Insurance Company liable to pay the said compensation alongwith the National Insurance Company, the respondent No. 9 before this Court.2. The brief facts of the case are that in the night of 17.10.93 Mr. Anoop Agrawal, alongwith his family members, was travelling in his Maruti car, bearing Registration No. UP-78/G- 8210 from Agra to Jaipur. Near Sikandara, a truck bearing Registration No. RJ-05-G-0038, was parked in the middle of the road. There was no indication from th truck that the said truck is parked in middle of the road. Therefore, the driver of the Maruti Car, Mr. Prem Sagardid not realise that there is a parked truck in the middle of the road. Consequently, the Maruti Car, met with an accid...

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Feb 28 2007

Raghuveer @ Pappu and anr. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Feb-28-2007

Reported in: RLW2007(3)Raj2649

Narendra Kumar Jain, J.1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, on behalf of accused-appellants - Raghuveer @ Pappu S/o Chhotey Lal and Smt. Geeta Devi W/o Chhotey Lal, is directed against the judgment and order dated 1.8.2001 passed by the Additional Sessions Judge No.l, Sikar, in Sessions Case No.35/2000, whereby both the accused appellants have been convicted and sentenced under Section 304B of the Indian Penal Code, to ten years rigorous imprisonment.2. Briefly stated the facts of the case are that a typed report (Exhibit P-1) was lodged by PW-1 Heera Lal at Police Station Ranoli, District Sikar, alleging therein that on 19.6.1997 he got his daughter Bimla married with Raghuveer. Bimla's husband Raghuveer, father-in-law Chhotey Lal, mother-in-law Geeta Devi and sister-in-law (Jethani) Indra Devi have continuously been making demand of dowry after the marriage, but 1 had no money to satisfy their demand. On 9.9.2000 at about 11.30 AM an informa...

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Feb 28 2007

Govinda and anr. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Feb-28-2007

Reported in: RLW2007(4)Raj2869

Shiv Kumar Sharma, J.1. Challenge in these appeals is to the judgment dared July 2, 2002 of the learned Additional Sessions Judge Dausa whereby Govinda, Meetha Lal and Manphool, the appellants before us, were convicted under Section 302/34 IPC to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer three months rigorous imprisonment.2. It is the prosecution case that on July 8,1997 at 11 AM a written report (Ex.P-8) was handed over by Moolya (Pw.6) at the Police Station Nangal Rajawatan District Dausa wherein it was stated that dead body of Kanhaiya was lying near Jansi's Thadi (small shop). On that report a case under Section 302 IPC was registered and investigation commenced. Dead body of Kanhaiya was subjected to autopsy, statements of witnesses under Section 161 CrPC were recorded, necessary memos were drawn, the appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learne...

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Feb 28 2007

Saroj Devi (Smt.) Vs. Mukesh Kumar and ors.

Court: Rajasthan

Decided on: Feb-28-2007

Reported in: RLW2007(4)Raj3046

Shiv Kumar Sharma, J.1. Challenge in this appeal is to the judgment dated September 1, 2006 of learned Single Judge whereby the writ petition of first respondent was allowed and he was ordered to be impleaded as party under Order 1 Rule 10 Civil Procedure Code in a suit for specific performance instituted by the plaintiff appellant.2. Contextual facts depict that the appellant (for short 'plaintiff') filed a civil suit for specific performance against the second and third respondents (for short 'defendants') on the basis of an oral agreement to sell allegedly entered upon on January 10, 2004 in regard to land bearing khasa No. 24 at the rate of 1.75 lac per bigha. It was pleaded that despite payment of sum of Rs. 21,000/- the defendants declined to execute sale deed. During the pendency of the suit first respondent (for short 'applicant') moved an application under Order 1 Rule 10 CPC stating therein that applicant was the bonafide purchaser of half of the land in question and agreemen...

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Feb 27 2007

Union of India (Uoi) (the) and ors. Vs. Pratap Singh Rathore

Court: Rajasthan

Decided on: Feb-27-2007

Reported in: RLW2007(4)Raj2775

S.N. Jha, C.J.1. This special appeal is directed against the order of the learned Single Judge dated 9.8.2005 allowing the writ petition of the respondent. By the order impugned, the learned Single Judge while quashing the decision of the appellant authorities denying the respondent disability pension, directed the appellants to release the disability pension with all consequential benefits in terms of Regulation 173A of Army Pension Regulations, 1961 with effect from the date he became entitled to such pension, that is, from the date he was placed in the low medical category CEE (P) and discharged from service.2. Facts of the case, briefly stated, are that on 26.6.1966, the respondent was enrolled in the Indian Army. On 9.5.1973 he was discharged under Rule 13(3) Item III(V) of the Army Rules. The discharge was consequent to his being placed in the lower medical category CEE (P) as he was found to be suffering from Varicocele (vericose veins). The respondent applied for disability pen...

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Feb 27 2007

Rukmani (Smt.) and ors. Vs. Sohan Lal and ors.

Court: Rajasthan

Decided on: Feb-27-2007

Reported in: 2007(2)WLN454

R.S. Chauhan, J.1. This appeal is against the award dt. 22.03.1997 passed by the Motor Accident Claims Tribunal, Sawai Madhopur whereby the learned Tribunal has awarded a compensation of Rs. 2,55,000/- to the widow wife, two minor children and the widow mother of the deceased.2. In a nutshell, the facts of the case are that on 29.05.1995 the husband of the appellant No. 1, Mr. Devki Nandan, was travelling with few other persons in a jeep, bearing Registration No. RJ-20/G-1541, for Ganga Snan to Soronji (U.P.). While jeep was crossing near village Nagla Mevati on Bharatpur road, a tanker, bearing Registration No. RJ-20/G-1541, being driven in a rash and negligent manner, collided with the jeep. Three persons including Mr. Devki Nandan expired in the said accident. Since the appellants were financially dependent on Mr. Devki Nandan, they filed a claim petition before the learned Tribunal. While respondent Nos. 1 and 2 filed a composite reply, the respondent No. 3, New India Insurance Com...

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Feb 27 2007

Shambhu Dayal and ors. Vs. Sohan Lal and ors.

Court: Rajasthan

Decided on: Feb-27-2007

Reported in: 2007(2)WLN143

R.S. Chauhan, J.1. This appeal is against the award dt. 22.03.1997 passed by the Motor Accident Claims Tribunal, Sawai Madhopur whereby the learned Tribunal has awarded a compensation of Rs. 1,19,000/- to the appellant No. 1 for the death of his wife and to the appellants No. 2 to 7 for the death of their mother Dwarka Devi.2. In a nutshell, the facts of the case are that on 29.05.1995 the wife of the appellant No. 1 and the mother of the appellant Nos. 2 to 7, Smt. Dwarka Devi was travelling with few other persons in a jeep, bearing Registration No. RJ-20/G-1541, for Ganga Snan to Soronji (U.P.). While jeep was crossing near village Nagla Mevati on Bharatpur road, a tanker, bearing Registration No. RJ-20/G1541, being driven in a rash and negligent manner, collided with the jeep. Three persons including Smt. Dwarka Devi expired in the said accident. Since the appellants were husband and children of the deceased, they filed a claim petition before the learned Tribunal. While respondent ...

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Feb 27 2007

Amritlal Nagar Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Feb-27-2007

Reported in: 2007(1)WLN100

Ashok Parihar, J.1. Petitioner has challenged the order dt. 25.07.2006 by which while removing the petitioner from the post of Sarpanch the seat has also been declared vacant. The order has been passed on the ground of conviction of the petitioner by the trial Court for the offence under Section 365, 368 and 120-B IPC.2. It has been submitted that the order of conviction dt. 01.09.2003 passed by the trial Court has already been stayed by the Appellate Court vide order dt. 16.09.2003. Apart from staying the sentence awarded by the trial Court, even the operation of the order passed by the trial Court had been stayed by the Appellate Court, in spite of the stay granted and proper representation been made by the petitioner, the impugned order dt. 25.07.2006 has been passed. It has further been submitted that subsequently even the appeal filed by the petitioner has been allowed by the Appellate Court vide order dt. 29.09.2006 and order of conviction passed by the trial Court has been setas...

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Feb 27 2007

Leela Devi (Smt.) and anr. Vs. Sohan Lal and ors.

Court: Rajasthan

Decided on: Feb-27-2007

Reported in: 2007(2)WLN115

R.S. Chauhan, J.1. The appeal is against the award dt. 22.03.1997 passed by the Motor Accident Claims Tribunal, Sawai Madhopur whereby the learned Tribunal has awarded compensation of Rs. 1,11,000/- to the appellants for the death of their son Dinesh Kumar.2. In a nutshell, the facts of the case are that on 29.05.1995 the son of the appellants, Mr. Dinesh Kumar, was travelling with few other persons in a jeep, bearing Registration No. RJ-20/G-1541, for Ganga Snan to Soranji (U.P.). While jeep was crossing near Village Nagla Mevati on Bharatpur road, a tanker, bearing Registration No. RJ-20/G-1541, being driven in a rash and negligent manner, collided with the jeep. Three persons including Mr. Dinesh Kumar expired in the said accident. Since the appellants were mother and father of the deceased, Dinesh Kumar, they filed a claim petition before the learned Tribunal. While respondent Nos. 1 and 2 filed a composite reply, the respondent No. 3, New India Insurance Company Ltd., filed a sepa...

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Feb 27 2007

Laxmi Narayan and anr. Vs. Shakur Mohd. and ors.

Court: Rajasthan

Decided on: Feb-27-2007

Reported in: 2007(1)WLN397

R.S. Chauhan, J.1. The appeal arises out of the award dt. 05.03.1997 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Tribunal has granted a compensation of Rs. 96,000/- to the appellants for the death of their widowed mother.2. The brief facts of the case are that on 18.09.1991 Smt. Gyarsi was traveling in a jeep, bearing Registration No. RNI-6288, from Jaipur to her village. As soon as the jeep arrived near the Village Lavan, suddenly from the opposite side a bus, bearing Registration No. RSG-6297, being driven in a rash and negligent manner, collided with the jeep. Consequently, Smt. Gyarsi expired. Since Smt. Gyarsi had already lost her husband, the claimants, her two minor children, were absolutely dependent on her for their financial and emotional support. Therefore, they filed a claim petition alongwith other persons, who were injured in the said accident before the learned Tribunal. The appellants contended that at the time of her death,...

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