Rajasthan Court March 2007 Judgments
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Prahlad and ors. Vs. Laddevi and ors.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: AIR2007Raj166; RLW2007(3)Raj1848
R.S. Chauhan, J.1. This appeal arises out of the judgment dated 31.5.2006 passed by the Additional District Judge (Fast Track), No. 4, Tonk whereby the learned Judge has decreed the suit in favour of the plaintiff-respondents and has cancelled the sale deed dated 6.5.2003 executed by the defendant No. 1 in favour of the defendant No. 2 and has restrained the defendants from alienating the disputed land by way of permanent injunction. For the sake of brevity, the original defendant Nos. 1 and 2 in the suit, shall be referred to as 'the appellants' and the original plaintiff-respondent Nos. 1 to 8 in the suit, shall be referred to as 'the respondents.'2. The brief facts of the case are that the respondent Nos. 1 to 8 are the legal heirs of Late Milap Chand Jain. Mr. Milap Chand Jain was having an agriculture land, bearing Khasra No. 296/2/2, measuring six bighas and eight biswas, situated at Village Mohammedpura, Tehsil Tonk. Mr. Jain executed a power of attorney in favour of the appella...
Lrs. of Late Shri Pukhraj Gehlot Vs. the Rajasthan Civil Services Appe ...
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: RLW2007(2)Raj1204
Govind Mathur, J.1. By this petition for writ a challenge is given to the order dated 29.11.2000 whereby petitioner Shri Pukhraj Gehlot was compulsorily retired in public interest. During pendency of this petition for writ he died on 3.12.2005, accordingly, he was substituted by his legal representatives. The facts giving rise to present petition are as follows:2. The Commissioner-cum-Secretary to the Government of Rajasthan, Department of Food and Civil Supply, by an order dated 29.11.2000 while exercising powers under Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter referred to as 'the Rules of 1996') compulsorily retired the petitioner in public interest. An appeal assailing validity and propriety of the order dated 29.11.2000 came to be rejected by the Rajasthan Civil Services Appellate Tribunal vide its judgment dated 18.2.2003, hence this petition for writ is preferred.3. The principle contention to assail validity of the order impugned is that the tr...
National Fertilisers Ltd. and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: [2007(114)FLR706]; RLW2007(3)Raj1742
H.R. Panwar, J.1. The Award dated 29.12.2001 Annx. 7 passed by the respondent No. 2 Labour Court, Sri Ganganagar (for short, 'the Labour Court' hereinafter) has been impugned by the petitioner employers by way of this writ petition.2. The facts and circumstances giving rise to the instant writ petition are that the respondent No. 3, the workman, raised an industrial dispute. Conciliation proceedings were held and on failure thereof, the respondent-State referred the industrial dispute to the Labour Court under Section 10(1)(C) of the Industrial Disputes Act, 1947 (for short, 'the I.D. Act' hereinafter) for adjudication. By the Award Annx. 7 dated 29.12.2001, the Labour Court adjudicated the dispute raised by the respondent-workman and held that the retrenchment/termination of services of the respondent-workman with effect from 1.4.1996 was neither proper nor valid and was in violation of the provisions of the I.D. Act and directed the petitioner employer to reinstate the respondent-wor...
Gajendra and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: RLW2007(3)Raj2156
R.S. Chauhan, J.1. The discovery of a dead body, the evidence of last seen, the discovery of an abandoned 'jughad' (a truck like vehicle locally manufactured by the villagers) from the background of this appeal. The appellants are challenging the judgment dated 11.2.2002, passed by the Additional Sessions Judge (Fast Track) No. 3, Bharatpur, whereby the learned Judge has convicted the appellants for offences under Sections 364, 302 and 201 IPC and has sentenced them as under:Offence under Section 364 IPC:Life imprisonment along with a fine of Rs. 2000/- and to further undergo a sentence of six months in default thereof.Offence under Section 302 IPC:Life imprisonment along with a fine of Rs. 2000/- and to further undergo a sentence of six months in default thereof.Offence under Section 201 IPC:Seven years of rigorous imprisonment along with a fine of Rs. 1000/- and to further undergo a sentence of three months of simple imprisonment in default thereof.2. The factual matrix of the case i...
Durga Devi (Smt.) Vs. Badri Narain
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: RLW2007(3)Raj2435
Prakash Tatia, J.1. Heard learned Counsel for the appellant.2. The plaintiffs filed a suit for possession of a small piece of land which is in the form of Chabutri. The appellant- plaintiff's case is that the said Chabutri is covered by Patta dated 16.8.1915 whereas the defendant's case is that his predecessor-in-title obtained a patta of said Chabutri in 1952. It is not in dispute that the defendant after obtaining permission from the Local Body raised construction of one Latrine on the said small piece of land. Suit for possession was filed after eight years of raising construction of said Chabutri by the defendant after obtaining construction permission from local body. In the suit plaintiff relied upon patta of 1915. The trial court decreed the suit of the plaintiff but the appellate court allowed the appeal of the defendant-respondent and dismissed the suit of the plaintiff vide judgment and decree dated 7.3.2005. Hence, this second appeal.3. Learned Counsel for the appellant subm...
Ram Raghunath B. Mantri and ors. Vs. Devi Shankar and ors.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: RLW2007(3)Raj2674
R.S. Chauhan, J.1. Having lost their young son, having been paid a meager amount of Rs. 75,000/- by way of compensation, the appellants have challenged the award dated 13.5.1997 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur for enhancement.2. The brief facts f the case are that on 11.5.1991 the appellants son Anant as travelling in a bus, bearing Registration No. RRO 6244, as a passenger. In the morning around 5.00 AM the driver of the bus drove the bus in a rash and negligent manner, which resulted into an accident. Because of the impact, the bus feel into a ditch. Consequently, Anant suffered injuries and subsequently, he scummed to the said injuries. At the time of his death, the deceased was 17 years old according to his parents. Therefore, the appellants-the parents of the deceased, filed a claim petition before the learned Tribunal. In order to support their case, they examined two witnesses and submitted eight documents. The respondent No. 2, Insurance Co...
Rajasthan State Agricultural Marketing Board (the) Vs. Govind NaraIn L ...
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: RLW2007(4)Raj2758
S.N. Jha, C.J.1. The dispute in this batch of appeals which were heard together relates to retirement age of the employees other than class IV employees of the Rajasthan State Agricultural Marketing Board (in short, 'the Board'). By the order impugned in Special Appeal No. 135/2007 arising from S.B. Civil Writ Petition No. 6354/2006, a learned Judge of this Court held that the retirement age of the employees of the Board is sixty years by reason of the amendment of Rule 56 of the Rajasthan Service Rules, 1951 (in short, 'the RSR'), and accordingly while allowing the writ petition, directed the appellant to allow the petitioner to continue in service with all consequential benefits up to the age of sixty years. Other two writ petitions giving rise to Special Appeal Nos. 260/2007 and 261/2007 were allowed following the order in S.B. Civil Writ Petition No. 6354/2006.2. The genesis of the dispute is that in terms of Clause 20(2) of the Service Bye-Laws 1977 framed by the Board, the condit...
Hari Prasad Vs. Madan Lal
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: RLW2007(4)Raj3411
Harbans Lal, J.1. This civil second appeal has been filed by defendant Hari Prasad under Section 100 of the Code, Civil Procedure, 1908 (here-in-after referred to in short 'the CPC) against the judgment and decree dated 13.3.1989 passed by the learned Addl. District Judge No. 2, Kota in Civil Appeal No. 87/1981 whereby the appeal has been dismissed and the judgment and decree dated 9.11.1981 passed by the learned Munsiff (North) Kota in Civil Original Suit No. 393/1974 has been upheld.2. Briefly stated, the relevant facts leading to the filing of this appeal and necessary for its disposal are that Quarter No. 13 situated in Old Chhapakhana Building, Rangpur Road, Bhimganj Mandi, Kota belonged to Shri Brahmdutt Joshi and Smt. Kamla Joshi from whom the same was purchased by Gopi Chand vide registered sale-deed dated 23.6.1972. These premises had been let-out by them to the defendant-appellant about 15 years ago. Gopi Chand filed a suit for eviction and arrears of rent on the ground of re...
NaraIn Chand Vs. Rajanti and ors.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: [2007(115)FLR411]; RLW2008(1)Raj557
R.S. Chauhan, J.1. The appellant, the principal employer, has challenged the award dated 29.7.04 passed by the Workmen's Compensation Commissioner, Sawai Madhopur where by the learned Commissioner has granted a compensation to the tune of Rs. 4,42,740/- in favour of respondent No. 1.2. The brief facts of the case are that the respondent No. 2, Premraj, had taken Meetha Lal, the workman from his village in District Sawai Madhopur for working on a house, which was under construction at Balotra. The workman was promised a daily wage of Rs. 150/- as well as food and accommodation at Balotra. On 1.7.02, while Meetha Lal was working as a stone cutter on the Stone Cutting Machine, due to an accident, he was electrocuted. Meetha Lal expired on the spot itself. Since his old widowed mother was totally dependent on the earning of the deceased workman, she filed a claim petition against the appellant, the principal employer and against two contractors, the present respondent Nos. 2 and 3. The app...
Ganga Devi and ors. Vs. O.S. Motors Limited and anr.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: [2008(116)FLR163]; RLW2008(1)Raj560
R.S. Chauhan, J.1. For enhancement, the appellant No. 1, who happens to be the wife of deceased workman, appellant No. 2, his mother and appellant Nos. 3 to 5, his minor children have challenged the award dated 17.11.05 whereby the learned Commissioner has granted them a compensation of merely Rs. 2, 07,927/- without imposing a penalty and without granting them any interest on the said amount.2. In a nutshell, the brief facts of the case are that Roop Singh was hired as a driver on the jeep owned by the respondent No. 1. Thus, he was a workman employed by respondent No. 1. On 16.1.04, while driving the jeep, Roop Singh met with an accident and expired. At the time of his death, he was 32 years old and was earning Rs. 5, 000/- per month. Since the jeep was insured and since the appellants depended on the deceased for their financial needs, they filed a claim petition against the respondents, the employer and the Insurance Company.3. The learned Commissioner framed five issues and after ...
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