Rajasthan Court May 2008 Judgments
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Union of India (Uoi) Vs. Shiv Narain
Court: Rajasthan
Decided on: May-12-2008
Reported in: RLW2008(3)Raj2402
Shiv Kumar Sharma, J.1. The appellants seek to quash the order dated 6.1.2005 of the learned Single Judge allowing the writ petition of the respondents and directed the appellants to make payment of service element to the respondent w.e.f. 15.9.1950 as per the instructions and regulations as applicable to such employees.2. The respondent claimed restoration of his disability foundation which was discontinued after 15th September, 1950 as per the report of the medical board reassessing the disability as less than 20%.3. Army Instructions No. 4/S/75 issued by notification dated December 19, 1975 provides thus:Where an individual is invalided out of service before completion of his prescribed engagement/service limit on account of a disability which is attributable to or aggravated by military service and is assessed below 20 percent, he will be granted an award equal to service element of disability pension determined in the manner given in Regulation 183. Pension Regulations for the Arm...
State of Rajasthan Vs. Balvinder Kumar
Court: Rajasthan
Decided on: May-12-2008
Reported in: RLW2009(1)Raj542
Mahesh Chandra Sharma, J.1. The State of Rajasthan has preferred this appeal against the Judgment and Order dated 12.8.1997 passed by Additional Chief Judicial Magistrate, Dosa District Dosa in Criminal Case No. 56/94 by which the accused respondent was acquitted for the offence under Sections 379, 304(A) IPC and Sections 132/157,134/159 Motor Vehicle Act.2. The brief facts of the case are that on dated 16.2.94 complainant Girdhari Lal has lodged a written report in police station Nangal Rajawatan in which he stated that his daughter Gulab get down from the bus on the Kothi of Joshiji. At about 4.30 PM, a Roadways bus No. RJ-14-2875 is coming towards from Lalsot. The driver of the bus was driving the bus rashly and negligently and hit to his daughter who was standing on the road side. The accused respondent was driving the vehicle. Upon the said report police registered a case for the offence indicated hereinabove and after investigation filed the challan before the Additional Chief Ju...
New India Assurance Co. Ltd. Vs. Smt. Phoosi and ors.
Court: Rajasthan
Decided on: May-12-2008
Reported in: 2008(3)WLN304
Manak Mohta, J.1. This appeal has been filed by the Insurance Company against the judgment and award dt. 26.09.1995 passed by the learned Judge, Motor Accident Claims Tribunal, Balotra (in short 'the Tribunal') in Claim Case No. 107/93 whereby the learned Judge has allowed the claim petition and has awarded compensation of Rs. 1,65,000/- with interst @ 12% per annum in favour of the claimants.2. Briefly stated the facts of the case are that Smt. Phoosi wife and children of deceased-Ganesha Ram filed a claim petition before the learned Tribunal under Section 165 and 166 of M.V. Act stating therein that on 31.08.1993 Pratap Ram, Ganesha Ram, Kana Ram and Chhelu Singh all residents of Village Dakha were going in two camal-carts to Balotra for bringing 'chara' (animal food). In the night at about 8'O clock when they reached at 'Ostara Fanta'(in front of F.C.I. Godown), a Jonga Jeep bearing Regn.No.RJ-04C-0007 which was alleged to be driven by Nema Ram (non-claimant No. 1) in a rash and neg...
Chief Manager, Rajasthan State Road Transport Corporation Vs. Durga Ra ...
Court: Rajasthan
Decided on: May-12-2008
Reported in: 2009ACJ2732
Guman Singh, J.1. The case has come up for admission. Both the parties agreed that appeal be disposed of at admission stage.2. Heard learned Counsel for the parties and perused the entire record of the miscellaneous appeal.3. This appeal has been preferred by Rajasthan State Road Transport Corporation against the award passed by the learned Motor Accidents Claims Tribunal/Additional District Judge (Fast Track) No. 3, Jhunjhunu (Raj.), in Claim Petition No. (216 of 2002) 103 of 2005, whereby a sum of Rs. 4,50,040 was awarded in favour of claimants-respondents who are dependants of the deceased Sheesh Ram, who was travelling on the roof of the bus and died as a result of fall from the roof of the bus when the driver of the bus applied brakes.4. The appellant R.S.R.T.C. has challenged the award on the ground that the deceased Sheesh Ram was also liable for contributory negligence as he was travelling on the roof of the bus without any authority.5. The learned Counsel submits that the dece...
Jagdev Singh and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-10-2008
Reported in: RLW2008(3)Raj2754
H.R. Panwar, J.1. By the instant criminal miscellaneous petition under' Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter), the petitioners seek quashing of FIR No. 218 dated 2.8.2007, Police Station, Gharsana, district Sri Ganganagar for the offences under Sections 420, 467, 468, 471 and 120B, IPC.2. I have heard learned Counsel for the parties. Carefully gone through the FIR.3. It is contended by the learned Counsel for the petitioners that the matter is of a civil nature and, therefore, the criminal prosecution is bad. Learned Counsel has relied on three decisions of the Hon'ble Supreme Court in All Cargo Movers (I) Pvt. Ltd. v. Dhanesh Badarmal Jain and Anr. 2007 AIR SCW 667; Inder Mohan Goswami and Anr. v. State of Uttaranchal and Ors. 2007 AIR SCW 6679 and Suresh v. Mahadevappa Shivappa Danannava and Anr. 2005 Cr.L.R. (SC) 295.4. Learned Public Prosecutor contended that the civil and criminal action can simultaneously be taken if the offence s...
Ram Dayal Sharma Vs. Collector and District Registrar
Court: Rajasthan
Decided on: May-09-2008
Reported in: AIR2008Raj136
ORDERNarendra Kumar Jain, J.1. Heard learned Counsel for the parties.2. The challenge in this writ petition is to the order dated 24th July, 2004 (Annexure-1) passed by the Collector and District Registrar, Karauli, whereby the licence No. 6/88, granted to the petitioner for document-writer, has been cancelled.3. The contention of the learned Counsel for the petitioner is that the petitioner was holding a licence of document-writer since 1988 and there was no complaint against him for last about more than 16 years. However, his son Anil Kumar Sharma lodged one FIR No. 204/2004 dated 7th April, 2004, at Police Station Hindauncity, against one Bhagwan s/o Shiv Charan, who was working at the residence of Sub-Registrar, Hindauncity. The said person Bhagwan pressurized the Sub-Registrar to take action against the petitioner and. at his instance, a false enquiry-report was prepared by the Sub-Registrar against the petitioner and his licence was cancelled. He contended that, after completion ...
Ram Niwas and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-09-2008
Reported in: RLW2008(3)Raj2609
R.S. Chauhan, J.1. The appellants have challenged the judgment dated 30 01.1986 passed by Additional Sessions Judge No. 1, Alwar whereby the appellant No. 1, Ram Niwas, has been convicted for offence under Section 326 of Indian Penal Code (for short, 'IPC')and has been sentenced to four years of rigorous imprisonment and imposed with a fine of Rs. 500/- and to further undergo a sentence of six months' simple imprisonment in default thereof. The appellant No. 2, Gheesa Ram, has been convicted of offence under Section 324 of IPC and has been sentenced to fine of Rs. 500/- and to further undergo six months of simple imprisonment in default thereof. Appellant No. 3, Ram Charan, although has been convicted of offence under Section 323 of IPC, but has been granted the benefit of probation.2. Briefly, the facts of the case are that for an incident which allegedly occurred on 14.01.1983, Kedar Lal Sharma (P.W.1) lodged a report (Ex.P.1) on 17.01.1983 at Police Station Kherli. According to the ...
Maan Singh Vs. State
Court: Rajasthan
Decided on: May-09-2008
Reported in: RLW2008(3)Raj2605
R.S. Chauhan, J.1. The appellant has challenged the judgment dated 23.04.1986 passed by the Sessions Judge, Kota, whereby the learned Judge has convicted the appellant for offences under Sections 366 and 376 of Indian Penal Code (for short, 'IPC'). For offence under Section 366 IPC, the appellant has been sentenced to three years of rigorous imprisonment and imposed with a fine of Rs. 500/- and to further undergo three months of rigorous imprisonment in default thereof. For the offence under Section 376 IPC, the appellant has been sentenced to seven years of rigorous imprisonment and imposed with a fine of Rs. 1,000/- and to further undergo a sentence of six months of rigorous imprisonment in default thereof.2. In brief, the facts of the case are that on 18.11.1985, Mr. Pyarelal (P.W.2) lodged an oral report wherein he claimed that 'mother-in-law and sister-in-law of his daughter, Kajori aged about fifteen years, had come to his house in order to take back his daughter to her matrimoni...
Narendra Singh and anr. Vs. State
Court: Rajasthan
Decided on: May-09-2008
Reported in: RLW2008(3)Raj2614
R.S. Chauhan, J.1. The appellants have challenged the judgment/order dated 20.03.1986 passed by the learned Sessions Judge, Jaipur City, Jaipur, whereby the learned Judge has convicted the appellants for offences under Sections 147, 323 and 452 of Indian Penal Code (for short, 'IPC'). For offence under Section 147, they have been sentenced to six months of rigorous imprisonment. For offence under Section 323, they have been sentenced to six months of rigorous imprisonment. For offence under Section 452, they have been sentenced to two years of rigorous imprisonment. It has also been directed that all the sentences should run simultaneously.2. In brief, the facts of the case are that one Mr. Madhuraj Singh (P.W.4) lodged a report (Ex.P/6) at the Police Station, Jhotwada, wherein he claimed that 'Smt. Rajkumari is the owner of two plots, namely Plot Nos. C-59 and C-60 situated at Amba Bari, Jaipur. While in Plot No. C-60, a complete house has been constructed, in Plot No. C- 59 only few ...
State of Rajasthan Vs. Nathu Lal
Court: Rajasthan
Decided on: May-09-2008
Reported in: 2008CriLJ3861
M C. Bhagwati, J.1. This criminal appeal has been preferred against the judgment dated 16th December, 1996 passed by the Judicial Magistrate, Kota City (North), Kota whereby, the accused-respondent Nathu Lal has not been found guilty and acquitted for the offence under Section 304A of Indian Penal Code.The facts, giving rise to the prosecution case, are briefly stated as under:That on 26th February, 1981 at about 10 p.m. one old person was coming from the direction of Mohan Talkies and crossing the road. It is alleged that one truck RJR 1943 came with a fast speed and his driver was driving this truck rashly and negligently and hit this man from the back. As a result of which that person fell on the road, his intestine came out from the body and died on the spot. The complainant P.W. 4 Salim Ahmed who was also going aside the deceased Ram Niwas, submitted a written report Ex. P/5 to the police who registered the case and after usual investigation filed the charge-sheet against the accu...
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