Rajasthan Court October 2008 Judgments
Municipal Council Vs. Dr. Shridhar Sharma and anr.
Court: Rajasthan
Decided on: Oct-25-2008
Reported in: 2008ACJ305
Sangeet Lodha, J.1. These appeals are directed against the judgment and decree dated 21.8.1989 passed by the learned Additional District Judge No. 2, Sriganganagar in Civil Suit No. 102 of 1985, whereby, the suit preferred by the plaintiff Dr. Shridhar Sharma (respondent in Appeal No. 119 of 1989 and appellant in Appeal No. 141 of 1989 herein) for compensation quantified at Rs. 15,000, has been decreed to the extent of Rs. 7,500 against the defendant Municipal Council, Sriganganagar (appellant in Appeal No. 119 of 1989 and respondent in Appeal No. 141 of 1989 herein). The plaintiff is aggrieved by the judgment and decree to the extent its claim for compensation has been disallowed and so also by award of the interest at the rate of 6 per cent from the date of filing of the suit till the recovery of the amount, instead of 10 per cent claimed by him. The defendant has preferred the appeal aggrieved by the judgment and decree passed by the learned trial court whereby the decree for paymen...
Tag this Judgment!Lal Chand Panwar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-24-2008
Reported in: RLW2009(2)Raj973
Raghuvendra S. Rathore, J.1. This writ petition has been directed against the order dated 29.11.1990 (Annexure-6) and the order dated 5.6.1991 (Annexure-8). The petitioner has prayed that the said impugned orders be quashed and set aside and he may be given all consequential benefits. Further, it is prayed that the respondents be directed to confirm the petitioner on the post of Lecturer w.ei. 23.3.1992, the date from which persons junior to him had been confirmed, vide order dated 27.7.1994 (Annexure-10), and all consequential benefits be given to him. It has also been prayed by the petitioner that he may be promoted on the post of Senior Lecturer w.e.f. the date when persons junior to him had been given promotion, vide order dated 16.10.1995 (Annexure-14 and 15) and he may be given all consequential benefits.2. The brief facts giving rise to this writ petition are that the petitioner was appointed, temporary basis, on the post of Lecturer, Electronics Engineering under the Rajasthan ...
Tag this Judgment!Meena Vyas Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-24-2008
Reported in: RLW2009(1)Raj870
Gopal Krishan Vyas, J.1. By way of filing this writ petition, the petitioner has challenged the impugned order of suspension dated 3.10.2008 and prayed that the order of suspension may be quashed and set aside and the petitioner may be restored to her position as if she was never placed under suspension and she may be relegated to the position, which was obtaining prior to passing of the impugned order and the entire proceedings conducted so far may be quashed and the Government may be restrained from holding inquiry on the premise of inquiry report of the Deputy Director (Regional), Ajmer.2. Brief facts of the case are that the petitioner was elected as Ward Member from Ward No. 11 in the month of August 2005 in the Parbatsar Municipal Board. Thereafter, elected members of the Municipal Board elected the petitioner as Chairman unanimously. Since then she 'was continuing until passing of the impugned order of suspension. In the writ petition, it is pointed out by the petitioner that sh...
Tag this Judgment!Raj Kumar Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-24-2008
Reported in: RLW2009(2)Raj932
Mahesh Chandra Sharma, J.1. By moving misc. stay application under Section 397 read with Section 401 Cr.P.C, the accused petitioners have prayed to direct the prosecution and the department not to take any step in furtherance of grant of sanction vide order dated 1.9.2008 during pendency of this criminal revision.2. Brief facts of the case in nutshell are that petitioner No. 1 was posted as A.En., Irrigation Department, whereas accused petitioners No. 2 and 3 were J.Ens., in the' same department. A complaint was lodged as FIR No. 46/1996 by the Anti Corruption Bureau, Bharatpur wherein the works of providing Spillway in Wire mesh creates in Banganga River at Kharbara Kenal was made the subject of inquiry.3. Mr Madhav Mitra, Counsel for the accused petitioners submit that copy of the order dated 1.9.2008 has neither been served on the petitioners not any copy has been given to the petitioner. The order dated 19.7.2005 passed by the Special Judge, Sessions Court, Anti Corruption Act, Kot...
Tag this Judgment!Sayeed Mohammed Shakeel (Dr.) Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-24-2008
Reported in: RLW2009(2)Raj994
H.R. Panwar, J.1. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the order Annexure-8 dated 4th January, 2006 and also a direction to the respondents to reinstate him in service with all consequential benefits.2. Briefly stated the facts to the extent they are relevant and necessary for the decision of the writ petition are that the petitioner was appointed by the Medical & Health Department of State of Rajasthan on the post of Medical Officer Department of State of Rajasthan on the post of Medical Officer on ad hoc basis in the year 1988. The petitioner underwent the process of selection through Rajasthan Public Service Commission (for short 'the RPSC' hereinafter) and was subsequently, appointed on the post of a Medical Officer in the year 1990. By order Annexure-1 dated 18th December, 1996, the petitioner was sent on deputation to Saudi Arabia after the sanction having been accorded for such deputation by his Excellency ...
Tag this Judgment!Mahipal Singh @ Bunty Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-24-2008
Reported in: RLW2009(3)Raj2351
Mahesh Chandra Sharma, J.1. By filing instant criminal revision the accused petitioner has challenged the order dated 18.7.2008 passed by Special Judge, Women Atrocities & Dowry Cases, Jaipur (for short 'the trial Court') in Sessions Case No. 25/2008 by which the petitioner has been charged for the offence under Section 376 IPC.2. Brief facts of the case are that prosecutorix Poonam Singh submitted a written report at P.S. Mansarovar, Jaipur regarding commission of rape etc., by petitioner.3. On the basis of the above written report, the police registered an FIR against the accused petitioner for the offence under Sections 323, 376, 493, 353 and 406 IPC.4. The police after investigation submitted charge-sheet against the accused petitioner for the offence Under Sections 354 and 376 IPC.5. The trial Court after hearing the accused petitioner framed charge against him for the offence under Section 376 IPC vide order dated 18.7.2008.6. The accused petitioner being aggrieved with the order...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Ugma Devi and ors.
Court: Rajasthan
Decided on: Oct-24-2008
Reported in: 2009ACJ2074
Dinesh Maheshwari, J.1. Having heard learned Counsel for the parties and having perused the material placed on record, this Court is unable to approve the procedure as adopted by Motor Accidents Claims Tribunal, Sojat, camp Jaitaran in Claim Case No. 16 of 2007 where the learned Tribunal has proceeded to reject the application moved by the petitioner insurer under Section 170 of the Motor Vehicles Act, 1988 ('the Act') by the impugned order dated 12.7.2004, Annexure 4 and has altogether denied the petitioner the right to cross-examine the witnesses.2. Shorn of unnecessary details, suffice it to notice for the present purpose that the claimants-respondent Nos. 1 to 4, being the heirs and dependants of the vehicular accident victim Govind Singh, 32 years, have filed the claim application with the submissions, inter alia, that on 17.9.2001 the victim, while travelling in a bus bearing registration No. RJ 10-P 4344 met with his untimely end for the bus colliding with a truck bearing regist...
Tag this Judgment!Pappu Devi (Mst.) Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-23-2008
Reported in: 2009(2)WLN338
Vineet Kothari, J.1. By this writ petition, the petitioner a widow of late Shri Shankar Lal. Who was working as Assistant Sub-Inspector of Police Department, has filed this writ petition for claiming special pensionary Award under Chapter XXIII-B of Rajasthan Service Rules on the ground that her husband Shri Shanker Lal died while on duty in the night intervening 16.12.1991 and 17.12.1991. The petitioner has submitted in the writ petition that the husband of the petitioner Shri Shankar Lal was appointed as Assistant Sub-Inspector in the police department on 20.08.1974 and was posted as ASI at Police Station Abu Road City, District Sirohi. On 16.12.1991 he was asked to go for investigation at 11:30 PM in the night vide entry No. 675 in Rojnamcha report maintained at the said police station vide Exhibit 1 and upon an information received at 1:45PM during the mid night between 16.12.1991 and 17.12.1991 that an accident has taken place of the motor cycle No. RJ 24 M 0249, the other officia...
Tag this Judgment!Ramveer Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-23-2008
Reported in: RLW2009(2)Raj943
Raghuvendra S. Rathore, J.1. This writ petition is directed against the order of termination dated 30.5.1994 (Annexure 9). The petitioner has therefore prayed for quashing of the said and that he may be allowed to work on the post of agriculture supervisor, with all consequential benefits. Further, it is prayed that the respondents be directed to pay the petitioner salary from the date of joining till date, with interest.2. The brief facts of the case are that the Directorate of Agriculture had issued advertisement for inviting application for the post of agriculture supervisor in Rajasthan Patrika dated 14.7.1993. In furtherance thereof, the petitioner being eligible in the terms of advertisement applied for the said post in aprescribed proforma. He had also annexed the registration certificate of the Employment Exchange, Bharatpur alongwith his application form.3. The petitioner was then given appointment on the post of Agriculture Supervisor after his due selection, in the pay scale...
Tag this Judgment!Papu Devi (Mst.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-23-2008
Reported in: RLW2009(2)Raj1059
Vineet Kothari, J.1. By this writ petitioner, the petitioner, a widow of late Shri Shankar Lal, who was working as Assistant Sub-inspector of Police Department, has filed this writ petition for claiming special pensionary Award under Chapter XXIH-B of Rajasthan Service Rules on the ground that her husband Shri Shankar Lal died while on duty in the night intervening 16.12.1991 and, 17.12.1991. The petitioner has submitted in the writ petition that the husband of the petitioner Shri Shankar Lal was appointed as Assistant Sub-Inspector in the police, department on 20.8.1974 and was posted as ASI at Police Station Abu Road City, District Sirohi. On 16.12.1991 he was asked to go for investigation at 11:30 PM in the night vide entry No. 675 in Rojnamcha report maintained at the said police station vide Exhibit 1 and upcta an information received at 1:45 AM during the mid night between 16.12.1991 and 17.12.1991 that an accident has taken place of the motor cycle No. RJ 24 M 8249, the other of...
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