Rajasthan Court May 2009 Judgments
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Gopalak Goshi Samaj Sewa Samity Vs. Nagar Parishad and anr.
Court: Rajasthan
Decided on: May-21-2009
Reported in: RLW2009(4)Raj3112; 2009(3)WLN297
N.P. Gupta, J.1. This appeal seeks to challenge the order of the learned Single Judge dt. 16.08.1999, dismissing the appellant's writ petition, on the interpretation of Section 92(2)(c) of the Rajasthan Municipalities Act.2. The facts of the case are, that the petitioner filed the writ petition before this Court, alleging inter alia, that the petitioner is a registered association, and wrote many letters, asked permission to remove the carcasses of their own cattle, which was given by the State, the petitioner deposited Rs. 10,000/-. However, the non-petitioners No. 1 and 2 restrained the servants of the petitioner from removing the carcasses. Thereupon the petitioner filed writ petition being S.B. Civil Writ Petition No. 3895/91, which is pending. It is alleged, that on 08.08.1990 the Municipal Council Bikaner wrote a letter to the Director, Local Bodies, mentioning, that according to Section 92(2)(c) all the carcasses are the property of the Municipality. The Director did not agree w...
Antar Kanwar (Smt.) and ors. Vs. R.S.E.B.
Court: Rajasthan
Decided on: May-21-2009
Reported in: RLW2009(4)Raj3362
N.P. Gupta, J.1. This appeal has been filed against the order of the learned Single Judge dated 1.10.2000, dismissing the writ petition on the ground of being not maintainable in view of the judgments of Hon'ble the Supreme Court in Chairman, Grid Corporation of Orissa Ltd. v. Smt. Sukamani Das reported in AIR 1999 SC 3412 and Tamilnadu Electricity Board v. Sumathi and Ors. reported in AIR 2000 SC 1603, as the proper remedy is civil suit in torts.2. The necessary facts are that on 23.10.1998 the petitioners filed the present writ petition alleging inter-alia that on 20.7.1997 the deceased Bhanwar Singh was looking after the crops of cotton at his well, which was electrified and he was found lying unconscious at 4 PM, on that day, near the electricity pole by his nephew. With this basic fact, other facts have also been pleaded, and the writ petition has been filed for a direction to pay adequate and fair compensation, amount whereof may be determined by this Court.3. Reply to the writ p...
Gopal Lal and ors. Vs. Roshan Lal and ors.
Court: Rajasthan
Decided on: May-21-2009
Reported in: 2009(3)WLN188
Dinesh Maheshwari, J.1. This civil first appeal is directed against the judgment and decree dt. 23.07.1983 as passed by the District Judge, Pratapgarh camp, Chittorgarh whereby the learned District Judge has dismissed the civil suit (C.O No. 44/1979: Old No. 1/1975) filed by the plaintiffs-appellants claiming the right of pre-emption under the provisions of the Rajasthan Pre-emption Act, 1966 (hereinafter referred to as 'the Act') in relation to the property purchased by the defendants.2. The relevant facts and background aspects of the matter could be taken into comprehension thus: The plaintiffs-appellants filed the suit aforesaid on 27.01.1975 with the averments that the defendants had purchased the suit property situated at Sadar Bazar, Chittorgarh from Sukhaji son of Khemaji, Phoolchand son of Sukhaji, and Bhanwarlal son of Sukhaji Jeengar Mochi, resident Ghosunda on 16.02.1974 and got the document registered on 18.02.1974. The plaintiffs stated the description of the suit propert...
Som Distilleries and Breweries Ltd. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-20-2009
Reported in: RLW2009(4)Raj3174
R.S. Chauhan, J.1. The petitioner company has challenged the order dated 21-6- 2003, passed by the Board of Revenue (`the Board' for short) whereby the learned Board has rejected the appeal filed by the petitioner under Section 9A of the Excise Act, 1950 (`the Act' for short). The petitioner has also challenged the notice dated 8-2-2002 whereby it was informed that since it has not submitted any certificate indicating non-supply of liquor under five permits of import, therefore it is liable to pay Rs. 20.25 lacs. It was directed to pay the said amount within a period of seven days. The petitioner has also challenged the letter dated 12-4-2002, whereby it was informed that out of his bank guarantee an amount of Rs. 20.25 lacs has been withdrawn. Therefore, it should furnish another bank guarantee of Rs. 20 lacs.2. The brief facts of the case are that the petitioner company has distilleries and breweries in village Rajran, District Rajsen, Madhya Pradesh. At the relevant time the petitio...
Sudi Bai (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-20-2009
Reported in: 2009(3)WLN22
Sangeet Lodha, J.1. This writ petition is directed against order dt. 17.12.1996 passed by the District Collector, Rajsamand whereby a penalty of Rs. 29,865/- is ordered to be recovered from the petitioner in terms of Rule 19 of the Rajasthan Land Revenue (Allotment, Conversion & Regularisation of Agriculture Land for Residential and Commercial Purposes in Urban Areas) Rules, 1981 (in short 'the Rules of 1981' hereinafter) for unauthorised use of the land converted for residential purpose, for commercial purpose.2. The petitioner applied for conversion of his agriculture land measuring 905 sq. yard for residential purpose under the provisions of the Rules of 1981. After due inquiry, the application preferred by the petitioner was accepted by the Authorised Officer and the land use was ordered to be converted from agriculture to residential purpose. A patta of the land was issued in favour of the petitioner on 22.09.1986.3. After the conversion of the land as aforesaid vide notice dt. 24...
Chief Manager, Rajasthan State Road Transport Corporation Vs. Nannu Si ...
Court: Rajasthan
Decided on: May-20-2009
Reported in: RLW2009(4)Raj3137
Prem Shankar Asopa, J.1. In this case, arguments were heard on 6.3.2009 and the order was reserved.2. Counsel for the respondent-workman on application under Section 17B of the Industrial Disputes Act, 1947 (hereinafter to be referred as the 'Act of 1947') submits that is applicable even in cases of fresh employment and re-employment on finding the violation of Section 25H of the Act of 1947.3. In this case, violation of Section 25H was found by the Labour Court, Bharatpur in para No. 11 and after holding retrenchment valid, necessary directions of re-employment was issued in para 12 of its award dated 26.5.2008.4. Counsel for the petitioner-RSRTC submits that provisions of Section 25F of the Act of 1947 are mandatory and any violation of the same, the retrenchment is declared illegal and usually consequential order is to be passed of re-instatement of the workman with continuity of service with back-wags. Here, in the instance case, order of termination was held not violative of Secti...
Nisar Mohd. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-20-2009
Reported in: 2009(2)WLN187
Prem Shanker Asopa, J.1. By this writ petition, the petitioner has prayed for an appropriate writ, order or direction in the nature thereof for quashing of the judgment of the Sub Divisional Officer, Jaipur-I dt. 02.09.1996 (Anx.8) and those of Board of Revenue dt. 31.01.2003 (Anx.13) and 11.03.2003 (Anx.14) and has further prayed that the suit for correction of entries, declaration and perpetual injunction filed by the plaintiff-petitioner (hereinafter referred to as 'the petitioner') against the defendant non petitioners No. 6 to 16 may kindly be ordered to be decreed. 2. Briefly stated, the relevant facts of the case, are as under:3. That the petitioner filed a revenue suit for correction of entries, declaration and perpetual injunction against the defendant on petitioners regarding 60 Bighas of land situated in Jamdoli, Tehsil and district Jaipur which had been allotted to Yasin Khan, father of the petitioner, on account of his being a soldier, by the erstwhile Jaipur State which h...
Ex. Constable, Anang Pal Singh Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: May-20-2009
Reported in: 2009(2)WLN569
Prakash Tatia, J.1. The petitioner Ex. Constable No. 90171724 was on duty on 18.09.2001 at Jammu & Kashmir. He was driving one BP tractor from BOP Nikowal to BOP Jamunabela on Government duty and at about 10.20 hours, because of blast done by the militants, the petitioner sustained injuries. The petitioner was hospitalised and his both legs were operated. The operation of left leg was successful but as per the petitioner, operation of the right leg was not successful and, thereafter, petitioner was referred to AIIMS, New Delhi, where two major operations were conducted on 07.06.2002 and 06.01.2003. The petitioner was further operated once more on 12.07.2004. Because of this accident, in spite of the treatment, the petitioner became disabled soldier and was placed in low medical category with 54.93% disability. The medical board was constituted on 02.06.2004 and the proceedings of medical board was approved by the DIG, BSF SHQ BSF, Kupwara vide order dt. 21.10.2004, and the petitioner's...
Urmila Karnawat (Smt.) and ors. Vs. Rajveer Chand Bhandari and ors.
Court: Rajasthan
Decided on: May-19-2009
Reported in: 2009(3)WLN106
Vineet Kothari, J.1. This appeal is directed against the award of the Motor Accident Claims Tribunal (First), Jodhpur dt. 03.10.2008 deciding the MACT case No. 438/2007 under Section 166 of the Motor Vehicles Act, 1988.2. In an accident which took place on 19.05.2007 the deceased Pradeep Karnawat along with few other persons was travelling in the insured car taxi No. RJ 19 T 3288, while coming back from Phalodi to Jodhpur at about 10 PM in the night, the said car taxi being driven in rash and negligent manner by the driver hit from the back side of the tractor running on the said road and on account of the said accident, said Pradeep Karnawat died. He was aged 43 years and was working as a Manager in firm M/s Sophisticated Traders, Jodhpur and was also doing part time accounts work in M/s Gayatri Medical Hall at Jodhpur. The deceased left behind widow of 37 years, two sons Raunak aged 15 years and Gaurav aged 11 years, besides parents the mother at age 65 years and father at age 71 yea...
Rajasthan State Electricity Board and ors. Vs. Ram Bhakta Hanuman Oil ...
Court: Rajasthan
Decided on: May-19-2009
Reported in: AIR2009Raj155
ORDERGopal Krishan Vyas, J.1. In this civil first appeal filed under Section 96 C.P.C, the appellant-Rajasthan State Electricity Board has challenged the judgment dated 26-10-1989 passed by the Add.1. District Judge, Rajsmand in Civil Original Case No. 12/1986, whereby, the learned trial Court decreed the suit filed by plaintiff-respondent and quashed the recovery of bill issued to the respondent by the appellants in the sum of Rs. 12,277.08 ps. holding the same illegal and further restrained the appellants-defendants from disconnecting the electricity supply to the respondent-plaintiff industry. The trial Court further passed order that the defendant-department will be free to refer the matter to the Electrical Inspector under Section 16(6) of the Indian Electricity Act and after decision of the Electrical Inspector, in the event of such decision, the defendant-department will be free to send supplementary bill.2. Brief facts of the case are that the suit was filed by the plaintiff-re...
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