Court : Rajasthan
Reported in : RLW2007(2)Raj997
..... decreed the suit vide judgment dated july 20, 1970. the respondents filed first appeal on june 23, 1973 along with the application under section 5 of limitation act, 1963. on receiving notices the petitioners raised preliminary objections. the appeal came to be dismissed vide judgment dated july 16, 1974. thereafter the respondents filed ..... state of rajasthan 1996 dnj (raj). 100 indicated that to permit exercise of revisional powers under sections 82 and 232 of the rajasthan land revenue act, 1956 (for short '1956 act') after unreasonable delay would amount putting imprimature of the courts on the unreasonable and arbitrary exercise of powers. in mangi lal v. state of ..... on fraud, therefore the exercise of making reference after unreasonable delay would be unjust and unreasonable. although sections 82 and 232 of the rajasthan land revenue act, 1956 do not provide for the period of limitation, but concept of exercise of power in a reasonable manner inheres with it the concept of exercising .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj166
..... the poojari. he is ordinarily not entitled to be continued as a matter of right in his office as poojari. poojaries and archaks are liable to be removed for any act of misconduct or indiscipline which would be inconsistent with the duties of the office which they hold....22. in kali krishna ray and anr. v. makhan lal mukherjee air 1923 ..... out of the judgment and decree dated 22.12.1987 passed by the learned additional district judge no. 2. jaipur city, jaipur whereby the learned judge has decreed the plaintiff's suit for declaration.2. plaintiffs respondents filed a suit against defendant radhey shyam for declaration, possession, injunction and damages for use and occupation, with the averments that plaintiff no. 2 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3323
..... describe that offence, but no necessarily in technical words. the particulars shall state such circumstances respecting the alleged offence as will enable the accused to know what act, neglect or omission is intended to be proved against him as constituting the offence. rule 32 lays down that a charge-sheet shall not be invalid ..... support of these submissions, reliance was placed on ram krishna dalmia v. justice s.r. tendolkar : [1959]1scr279 .11. before making comments on the submissions of the counsel, it may be useful to refer to certain provisions of the army act. section 108 of the act provides for four kinds of court-martial - general court-martial, district court ..... s.n. jha, c.j.1. in these seven writ petitions, the petitioners, ex-army personnel, are aggrieved by the punishment awarded to them in court martial proceeding. they also seek to challenge the validity of the provisions relating to summary court martial under the army act, 1950 and the army rules, 1954. as vires has been .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1054
..... police station, nohar. he stated that at 2.50 p.m. he received a telephonic message to the effect that the employees of the phed department were looted while they were carrying the salary amount. the another a.s.i. p.w.9 rajendra prasad informed about the incident to the circle officer p.w.14 tara chand. the car ..... submitted that no leniency is warranted in the case. the learned public prosecutor has shown from the police diary that appellant narendra is a convict of offence under the ndps act. while he was on parole he committed the instant offence. the learned public prosecutor has shown from the police diary that this appellant has been involved in large ..... and a/5 mukan lal s/o bajrang lal, resident of anoopshahar, tehsil, bhadra, district, hanumangarh were put to trial on the charge of dacoity along with asharaf khan, rafiq mohammad, kan singh and ahmed amir. while the appellants were charged for offence under section 395 i.p.c. and section 27 of the arms act, the other accused persons .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1025
..... state of haryana v. subhash chander marwaha, neelima shangla v. state of haryana, or jatendra kumar v. state of punjab.50. this position was reiterated in all india sc & st employees assn. v. a. arthur jeen : [2001]2scr1183 and ludhiana central co-op. bank ltd. v. amrik singh : (2004)illj178sc .51. in a case reported in : air2003sc4588 ..... judicata. he has also supported the aforesaid objections of delay and estoppel.12. the submission of counsel for the petitioner mr. ashok gaur is that the rpsc has acted illegally in allowing dr. sudhir mehta, who was ineligible on account of completion of post graduation degree after the date of eligibility i.e. 1.4.1990 ..... wherein the apex court has observed as under:it is difficult to accept the contention of shri rao to adopt the chain system of recruitment by notifying each year's vacancies and for recruitment of the candidates found eligible for the respective years. it would be fraught with grave consequences. it is settle law that the government .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2006)ACC861
..... widow and the children of mr. mohd. umer, filed a claim petition under the workman's compensation act, 1923 (hereinafter to be referred as 'the act') for a just compensation from the nagar parishad. the nagar parishad contested the case. while it admitted the fact that mohd. umer was their employee, it argued that it was not his duty to climb the electric pole and to ..... , j.1. the appellant non-applicant has challenged the award dated 6.10.2004 passed by the commissioner, workmen's compensation tonk, whereby the learned commissioner has awarded rs. 2,07,980 to the respondent-applicant for the death of mr. mohd. umer.2. briefly, the facts are that mohd. umer ..... repair it. in case he had climbed the electric pole and had fallen, the fall was due to his own volition and negligence. therefore, they claimed that they were not liable to pay compensation to the claimants. in order to .....
Tag this Judgment!Court : Rajasthan
Reported in : IV(2006)ACC724; 2008ACJ1185; [2006(111)FLR65]; RLW2006(4)Raj2925; 2006(3)WLC782
..... accident was given to the employer on 7.5.1998 and notice under the workmen compensation act was given to the municipality on 3.3.1999, however, no compensation was paid under the aforesaid act. he, therefore, lodged a claim before the commissioner, workmen compensation, sriganganagar. the vehicle was insured with the national insurance company. since the municipal ..... ,60,641/-with interest of rs. 35,375/- totalling rs. 1,66,016/-.5. aggrieved with the aforesaid order, the national insurance company preferred appeal being s.b. civil misc. appeal no. 85/2001. the learned single judge noticed that the claim petition clearly stated that the claimant was employed as revenue inspector. ..... for the appellant was that in terms of section 2 of the workmen compensation act, 1923, a workman has been defined as under:'workman' means any person, who is -(i) a railway servant as defined in clause (34) of section 2 of the railways act, 1989 (24 of 1989), not permanently employed in any administrative, .....
Tag this Judgment!Court : Rajasthan
Reported in : [2007(112)FLR104]; 2007(1)SLJ381(Raj)
..... 2006(2) rdd 726 (raj.) (db), clearly held that since the insurer had charged additional premium to cover all liabilities incurred by the insured under the workmen's compensation act, the insurance company cannot deny the liability to reimburse the penalty amount.4. the learned counsel for both the parties referred various judgments, which i shall be considering ..... made liable to reimburse that part of the penalty amount imposed on the employer as that is not a legal liability of compensation which automatically arises out of injury caused to the employee during the course of employment but is a result of default committed by the employer in not paying the ..... liability in case wherein insured holds or subsequently effect with any insurance company of policy of insurance in respect of liability as herein defined for this general employees.(2) the insured shall take reasonable precautions to prevent accidents and shall comply with all statutory obligation.(3) the insured shall keep a record of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ2686
..... and the policy must clearly show that the liability of the insurance company in case of death of or bodily injury to the aforesaid kind of employees is not restricted to that provided under the workmen's compensation act.38. learned counsel for the respondent national insurance co. ltd., by way of written arguments, submitted that the insurance company has preferred the appeal on ..... the vehicle is a goods vehicle, a limit of fifty thousand rupees in all including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number, being carried in the vehicle.33. in support of his aforesaid submissions, learned counsel .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ420
..... justification in interpreting or construing it as not taking away the right of the workman who is an insured person and an employee under the e.s.i. act to claim compensation under the workmen's compensation act. we are of the opinion that the high court was right in holding that in view of the bar created by ..... , therefore, the bar created by section 53 of the e.s.i. act was not applicable. after examining the scheme of two enactments, namely, e.s.i. act and workmen's compensation act, the hon'ble apex court found that both the enactments provide for compensation to a workman/employee for personal injury caused to him by accident arising out of ..... television set suffered injury because of a component of the set bursting. the employee being an insured person under the e.s.i. act approached the e.s.i. corporation and was granted benefits as claimed. the same employee then adopted proceedings under the workmen's compensation act, 1923 for the loss of vision of one eye in the said incident .....
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