Rajasthan Court March 2007 Judgments
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Girdhari Lal Vs. Jabbar Singh and ors.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: 2007(2)WLN305
Govind Mathur, J.1. By this petition for writ a challenge is given to the order dt. 05.12.2003, rejecting the application preferred by the petitioner under Rule 22A of the Rajasthan Industrial Disputes Rules, 1958 to recall the award dt. 21.02.2003 whereby the Labour Court while answering the reference made to it by the appropriate government under a notification dt. 27.12.2000 held that the termination of the respondent-workman w.e.f. 01.09.1999 was not proper and valid. A direction, therefore, was given to reinstate the workman with 40% of total back-wages.2. While giving challenge to the order dt. 05.12.2005 it is contended by learned Counsel for the petitioner that no proper service of the notice issued by the Labour Court was effected, and therefore, the Labour Court erroneously proceeded ex parte. I have perused the certified copy of the notice that is available with the counsel for the petitioner wherefrom it reveals that seal of the Priya Sarees is available with signatures of ...
Happy Sales Vs. Rent Appellate Tribunal and ors.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: 2007(2)WLN348(1)
S.P. Pathak, J.1. By this appeal, challenge has been made to an order passed by the learned Single Judge of this Court dt. 19.01.2007 in S.B. Civil Writ Petition No. 1914/2006 whereby the stay order granted on 21.04.2006 has been vacated.2. For disposal of this appeal, necessary facts may be stated that the respondent landlord filed a petition for eviction before the Rent Tribunal, Bikaner. On the basis of pleadings of the parties, three issues were framed. Issue No. 3 was in relation to sub-letting. The learned Tribunal finding issue No. 3 proved, passed the judgment and decree dt. 18.08.2005 against the tenant-petitioner-appellant. Aggrieved, the tenant-appellant preferred an appeal before the learned Rent Appellate Tribunal, Bikaner and the learned Appellate Tribunal, after hearing both sides, confirmed the findings recorded by the Rent Tribunal. Thereafter, petitioner filed S.B. Civil Writ Petition No. 1914/2006, which was admitted and stay was granted to the effect that until furt...
Kamlesh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: 2007(1)WLN477
Gopal Krishan Vyas, J.1. Heard learned Counsel for the petitioner.2. By way of the present revision petition, the petitioner is challenging the judgment dt. 17.06.2006 passed by Addl. Sessions Judge No. 1, Udaipur in Criminal Appeal No. 06/2006 by which while reducing the sentences, he has maintained conviction of the petitioner for offences under Section 457 and 380, I.P.C. recorded vide judgment dt. 19.10.2005 passed by the Judl. Magistrate No. 2 (South), Udaipur in regular Criminal Case No. 828/2003.3. It is submitted by learned Counsel for the petitioner that he would not challenge the finding of both the Courts below and confines his submission to the quantum of the substantive sentences. He prays that in this case the trial Court sentenced the petitioner to suffer rigorous imprisonment for three years for commission of offence under Section 457, I.P.C. and two years rigorous imprisonment for commission of offence under Section 380, I.P.C. alongwith fine of Rs. 500/- for each offe...
Laxmi Devi (Mst.) and ors. Vs. Ramphool and ors.
Court: Rajasthan
Decided on: Mar-01-2007
Reported in: 2007(1)WLN157
R.S. Chauhan, J.1. For enhancement, the appellants have challenged the award dt. 17.01.1996 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur whereby the learned Tribunal has awarded a compensation of merely Rs. 1,59,000/- for the death of Hansraj, the husband of the appellant No. 1, the father of the appellant No. 2, the son of the appellant No. 3 and the brother of the appellant Nos. 4 and 5.2. The brief facts of the case are that on 01.06.1993 while Hansraj was working as a labourer on truck, bearing Registration No. RNE-6632, he was travelling in the said truck from Banas to Jaipur. He had to reach Jaipur so as to unload 'Bajari' (sand from the river). However, on a bridge near Chaksu, the said truck dashed with another truck, bearing Registration No. DIL5415. Consequently, because of the impact, Hansraj fell from the truck and was run over by the truck. Resultantly, he suffered grave injuries and was rushed to the hospital. According to the Postmortem Report (E...
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