Rajasthan Court December 2008 Judgments
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Veer Singh Chouhan Vs. Smt. Sharmila and anr.
Court: Rajasthan
Decided on: Dec-08-2008
Reported in: RLW2009(2)Raj1161
Mahesh Chandra Sharma, J.1. By filing instant criminal revision the petitioner has challenged the order dated 10.10.2007 passed by the judge, Family Court, Ajmer in case No. 171/2005 by which he allowed the application filed by the respondents under Section 125 Cr.P.C. and directed the petitioner to make payment of Rs. 1200/- to her and Rs. 800/- to her son Nishu.2. Brief facts of the case are that non-petitioner No. 1 filed and application under Section 125 Cr.P.C. before the Family Court, Ajmer stating therein the marriage between the petitioner and non-petitioner No. 1 solemnized on 26.11.2001 as per Hindu Rites and Customs. From the wedlock non-petitioner No. 2 gave a birth to a male child (non-petitioner No. 2). She further stated in the application that she had seen the petitioner in suspicious circumstances with his Bhabhi, for this she made a complaint to the mother-in-law but the petitioner continued to live in adultery, the result of which the non-petitioner No. was treated w...
Manbhar Devi and anr. Vs. Ram Narayan and ors.
Court: Rajasthan
Decided on: Dec-08-2008
Reported in: RLW2009(3)Raj2141
Mahesh Chandra Sharma, J.1. By filing instant criminal revision petition the complainants petitioners have challenged the judgment dated 1.4.2008 passed by Addl. District & Sessions Judge (Fast Track) No. 5, Jaipur City, Jaipur (for short 'the revisional court') in criminal revision No. 44/2007, by which he allowed the criminal revision petition of the accused petitioners, quashed and set-aside the order of cognizance dated 12.1.2007 passed by Civil Judge (Sr.Div.) & Addl. Chief Judicial Magistrate S. No. 10, Jaipur City, Jaipur (for short 'the trial Court') and directed the trial Court to decide the protest petition filed by the complainants petitioners after hearing both the parties.2. Brief facts of the case are that complainant Late Shri Gulla Ram filed a complaint against the accused respondents on 2.8.1999. The complainant was sent for investigation under Section 156(3) Cr.P.C at P.S. Banipark, Jaipur.3. On the basis of the complaint sent by the Magistrate under Section 156(3) Cr...
Neeta Tomer (Smt.) Vs. Narendra Tomer
Court: Rajasthan
Decided on: Dec-08-2008
Reported in: RLW2009(2)Raj1189
Mahesh Chandra Sharma, J.1. By filing instant criminal revision the petitioner complainant has challenged the order dated 23.1.2008 passed by Addl. District & Sessions Judge No. 4. Jaipur City, Jaipur (for short 'the appellate court') In appeal No. 01/08 (1022/2007) by which he rejected the appeal filed by the petitioner complainant and confirmed the order dated 12.12.2007 passed by Addl. Civil Judge (Jr. Div.) & Judicial Magistrate No. 21, Jaipur City, Jaipur (for short 'the trial court') in complaint No. 81/2007.2. Brief facts of the case are that petitioner filed a complaint No. 81/2007, under Section 12 of the Protection of Domestic Violence Act, 2005 (for short 'the Act of 2005') in the trial Court. The respondent filed reply to the complaint.3. The trial court after hearing both the parties, disallowed the interim relief vide order dated 12.12.2007.4. The petitioner being aggrieved with the order dated 12.12.2007 preferred an appeal in the appellate court.5. The appellate court a...
United India Insurance Company Limited Vs. Smt. Kadi and ors.
Court: Rajasthan
Decided on: Dec-08-2008
Reported in: RLW2009(2)Raj1801
Narendra Kumar Jain, J.1. Heard learned Counsel for the parties.2. Admit. With the consent of the learned Counsel for both the parties, the appeal was heard finally and is being disposed of.3. The appellant United India Insurance Company Limited has preferred this appeal against the impugned Award dated 30th June, 2006, passed by the Motor Accident Claims Tribunal, Gangapurcity, in MAC No. 35/2000, whereby the Tribunal awarded a total compensation of Rs. 2,91,500/- in favour of the claimant-respondents in respect of death of Sethram, who died because of the injuries sustained by him in a motor-accident occurred on 24th March, 1999.4. The only submission of the learned Counsel for the appellant is that the Tribunal committed an illegality in passing the impugned Award in favour of the claimant-respondents for the death of Sethram, who sustained injuries in the motor-accident occurred on 24th March, 1999 but he did not die due to the said injuries and he died after one-and-a-half year i....
Shaitan and ors. Vs. Ajmer Vidyut Vitran Nigam Ltd. and ors.
Court: Rajasthan
Decided on: Dec-07-2008
Reported in: 2008ACJ310
Narendra Kumar Jain, J.1. Heard the learned Counsel for the appellants.2. This appeal on behalf of the plaintiffs under Section 96 of the Code of Civil Procedure, is directed against the judgment and order dated 16.11.2006 passed by the Additional District Judge (Fast Track) No. 2. Ajmer, Camp at Beawar in Civil Suit No. 112 of 2005 (219 of 2004), whereby the learned trial court dismissed the suit of the plaintiffs for compensation under the provisions of Fatal Accidents Act, 1855 (hereinafter shall be referred to as 'the Act, 1855').3. Briefly stated the facts of the case are that the plaintiffs-appellants filed a suit for compensation on 24.2.2004 under the provisions of the Act, 1855, against the defendants in the trial court, wherein it was pleaded that the defendant No. 3, Chhotu Singh, s/o Gheesa Singh had an electricity connection at his well from the defendant Nos. 1 and 2. In the night of 17.3.2000, one Mangi Lal went to the well of defendant No. 3 to bring water therefrom in ...
Ram Kishan @ Bhuriya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-2008
Reported in: RLW2009(3)Raj2161
Mahesh Chandra Sharma, J.1. By filing instant criminal revision the accused petitioner has challenged the judgment dated 11.9.2008 passed by Addl. Sessions Judge No. 3, Kota (for short 'the appellate court') in appeal No. 06/2007 by which he rejected the appeal filed by the accused petitioner and maintained the judgment dated 31.10.2006 passed by Addl. Chief Judicial Magistrate No. 5, Kota (for short 'the trial court') in case No. 440/2003.2. Brief facts of the case are that on 29.3.2007 complainant Ram Kishan submitted a written report to this effect that petitioner was standing with sword out-side of his house and at that time he raised quarrel with some one. Upon this, two police personnels reached at Municipal Colony, Chhawani, Kota where the petitioner was found by the police party. As soon as petitioner saw the police persons, he started running away. He was caught and warned to stand. Thereafter the independent witnesses were searched but nobody became ready to become independen...
Ram Niwas Vs. Smt. Kamal
Court: Rajasthan
Decided on: Dec-05-2008
Reported in: RLW2009(3)Raj2193
Mahesh Chandra Sharma, J.1. By filing instant criminal revision the petitioner has challenged the judgment dated 19.5.2008 passed by the Judge, Family Court, Kota in criminal case No. 860/2002, by which he directed the petitioner to make payment of Rs. 2000/- p.m. as maintenance amount.2. I have heard counsel for the respective parties and carefully scanned the entire material.3. Without going into the merits of the case, both the counsel appearing for the respective parties jointly prayed that the Family Court, Kota be directed to decide the matter, after taking into consideration the judgments which they are citing before this Court.4. Manish Kumawat, counsel appearing for the petitioner has placed reliance upon a Judgment delivered in the case of Savitaben Somabhai Bhatiya v. State of Gujarat and Ors. reported in : AIR 2005 SC 1809 : RLW 2005(2) SC 307. The head-note A & B of which are reproduced as under: .(A) Criminal P.C. (2 of 1974), Section 1, 25- Maintenance- 'wife'-Scope -Can...
Loon Singh and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-03-2008
Reported in: RLW2009(4)Raj3567
Gopal Krishan Vyas, J.1. All these four writ petitions involve common question for consideration and the controversy involved in all these matters is identical. Therefore, all these writ petitions are decided by common judgment. For the sake of convenience, however, facts and pleadings in S.B. Civil Writ Petition No. 5677/2006, Loon Singh and Ors. v. State of Rajasthan and Ors. are taken2. This writ petition has been filed by 658 members of the Border Wing Home Guards praying for common relief that the respondents may be directed to grant them parity in all respects in terms and conditions of employment of petitioners with that of permanent whole time Border Wing of Home Guards in Rajasthan. It is further prayed that the respondents may be directed to grant all benefits of the Government servants including fixation of pay, and benefits of provident fund, gratuity and all retirement benefits as well as all sons of government allowances, leave incentives and usual increments, etc. and, s...
Kamru and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-03-2008
Reported in: RLW2009(2)Raj1742
Mahesh Chandra Sharma, J.1. The brief facts of the case are that complainant filed a complaint alleging therein that on 16.10.1995 at 10.00 A.M. his father Hafiz Khan was beaten up by the petitioners. When the complainant tried to save his father, the accused persons namely Kamru, Sampat and Kallo came there armed with Lathies. Due to fear of attacking by the accused persons, the complainant entered in his house, but the accused persons were also followed him and entered into his house armed with lathies and started to beat the complainant. It is stated that the accused Kamru inflicted Lathi blow on his head, Sampat Pelted stone as a result of which he has sustained injuries below his eye while Kallo and Saiden gave beatings by legs and fists. It is also alleged that when his brother came for rescue he was also beaten up by the accused. Ultimately, he was saved by Chiman and Manzoor and others. When he went to lodge the report at Police Station it was not accepted by the police and aft...
Murli Devi (Smt.) and ors. Vs. Sukhveer Singh and ors.
Court: Rajasthan
Decided on: Dec-03-2008
Reported in: RLW2009(2)Raj1757
Narendra Kumar Jain, J.1. Heard learned Counsel for the parties.2. The claimant-appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the amount of compensation in respect of death of one Prabhat, who died in a motor-accident took place on 2nd December, 1996 and being aggrieved with the impugned Award dated 22nd September, 1998 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur in M.A.C. No. 18/97, whereby the learned Tribunal awarded a total compensation of Rs. 2,50,000/- with interest at the rate of 12% per annum from the date of claim application i.e. 24th January, 1997 till the date of realization, in their favour as under:1. Rs. 2,04,000/- For loss of income2. Rs. 15,000/- For loss of consortium3. Rs. 20,000/- For deprivation of love and affection to the children4. Rs. 6,000/- For deprivation of love and affection and service in oldage to the parents5. Rs. 5,000/- For funeral expenses3. The only submission ...
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