Court : Rajasthan
Reported in : 1985(2)WLN189
ORDERS.C. Agrawal, J. 1. This writ petition and other writ petitions, a list of which is annexed as Schedule 'A' to this order, which are being disposed of by this order, raise a common question as to whether the petitioners are entitled to proportionate reduction in the minimum charges payable by them for the electric energy supplied to them in the event of curtailment of the supply of the electric energy to them on account of imposition of the power cut.2. The Rajasthan State Electricity Board (hereinafter referred to as 'the Electricity Board') has been constituted under the provisions of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Electricity (Supply) Act'. The Electricity Board undertakes the generation and supply of electricity to the various consumers in Rajasthan and in the exercise of its powers, it is governed by the provisions of the Electricity (Supply) Act. Under 26 of the Electricity (Supply) Act, the Electricity Board, in respect of the whole Stat...
Tag this Judgment!Court : Rajasthan
Reported in : 1986(1)WLN431
Shyam Sunder Byas, J.1. By his judgment dated September 16, 1980 the learned Sessions Judge, Pratapgarh convicted the accused Jagdish Chandra Under Sections 302, IPC and 27 of the Arms Act and sentenced him to imprisonment for life with a fine of Rs. 500/-, in default of the payment of fine to further undergo three months' rigorous imprisonment of the first count and three years' rigorous imprisonment on the second count. Sentences were directed to run concurrently. The accused has come-up in appeal to challenge his conviction.2. Abdul Rahim the deceased victim in the case - was a resident of Bassi P.S. Vijaypur district Chittorgarh. The accused is, also a resident of the same town. He had, however, migrated to Chittorgarh, but at times used to come to Bassi. When the accused was at Bassi, he used to live in a shop shown by digit '8' in site plan Ex. P 3. At about 8.30 a.m on May 12, 1979, PW 2 Rajmal Teli was taking his bullock-cart loaded with grass-bundles to his house. The cart was...
Tag this Judgment!Court : Rajasthan
Reported in : 2(1986)ACC559
G.M. Lodha, Acting C.J.1. A rickshaw-puller (rickshaw-chalak) Kanhaiyalal, was knocked down by the State Roadways Corporation Bus No. RRG 8694 in an accident which took place on 27-11-80 on the way between Chhoti Chopar and Chandpole Gate of Jaipur City. Rajasthan State Road Transport Corporation is a public undertaking of the State of Rajasthan. The Corporation has got separate funds for the payment of compensation as they are exempted from insurance of the vehicles. The Corporation instead of making payment of compensation to the widow of rickshaw-chalak and his kids, entered into litigation and dragged poor widow to the Motor Accident Claims Tribunal for filing claim petition.2. The socio-economic pragmatic approach exhibited by accident claims laws, expressly provides for compensation. It is customary and traditional for the State or its functionaries, on such occasions to act on humanitarian grounds and grand ex gratia monetary relief to the deceased's family. But as an anti-thesi...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj68; 1986(2)WLN632
G.M. Lodha, Actg. C.J.1. A rickshaw-puller (rickshaw-chalak) Kanhaiyalat, was knocked down by the State Roadways Corporation bus No. RRG 8694 in an accident which took i place on 27-11-80 on the way between Chhoti Chopar and Chandpole Gate of Jaipur City. Rajasthan State Road Transport Corporation is a Public undertaking of the State of Rajasthan. The Corporation has got separate funds for the payment of compensation as they are exempted from insurance of the vehicles. The Corporation instead of making payment of compensation to the widow of rickshaw-chalak and his kids, entered into litigation and dragged poor widow to the Motor Accident Claims Tribunal for filing claim petition.2. The socio-economic pragmatic -approach exhibited by accident claims laws, expressly provides for compensation. It is customary and traditional for the State or its functionaries, on such occasions to act on humanitarian grounds and grant ex gratia monetary relief to the deceased's family. But as an anti-the...
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)543
Vinod Shankar Dave, J.1. This is an application under Section 439 Cr. PC in a case under Section 3/6 of I.P.P.R., 307 IPC, Section 27 of the Arms Act and Section 3/4 of Terrorist and Disruptive Activities (Prevention) Act, 1985 (here in after referred to as 'the T.A.D.A. Act')- The petitioner was taken into custody on 25th April, 1987 in FIR No. RC 8/87 registered at SPE, Jaipur. This report was lodged by Shri Nahar Singh, Company Commander, B.S.F., Sri ganganagar on 16th June, 1987. This case was registered initially against accused Mohan Inder Singh alias Pushpinder Singh alias Ajeet Singh. During the investigation of the case Shri Mohan Inder Singh made a detailed statement before the Investigating Officer where in he also made reference to the petitioner and made certain disclosures about the petitioner's rendering services for carrying out certain activities prejudicial to the security of the State. On the basis of this statement, as mentioned aforesaid, the petitioner was arreste...
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN419
Navin Chander Sharma, J.1. Writ Petitioner M/s Ferro Concrete Construction (India) Private Limited (for short, here in after, petitioner company), by this writ petition, accuses the Rajasthan State Electricity Board and its Deputy Chief Engineer (Civil) and the Executive Engineer (Civil), Construction Division No. II, Mahi Hydel Project of distributing state largesse, in the form of giving contract to respondent No. 4 M/s. Dhorajia Construction Company for excavation and slope treatment work of D/S side in Tail Pool and. Tail Pace Channel of Power House-H at Lilwani, Banswara, arbitrarily, unfairly, unreasonably and against public interest. By a Notice No. 13/86-87, dated 23rd March, 1987, published in Rajasthan Patrika on 31st March, 1987, the Executive Engineer, Rajasthan State Electricity Board, Bagidora invited tenders from experienced firms of repute who had executed similar type of work previously for the aforesaid work The petitioner-company, respondent No. 4 and respondent No. ...
Tag this Judgment!Court : Rajasthan
Reported in : 1989WLN(UC)336
V.S. Dave, J.1. This reference has been made by learned Special Judge Dacoity Affected Area, Karauli vide his order of reference, dated 20-6-1988 where in he has framed the following question for answer:'Whether the Magistrates having jurisdiction over the dacoity affected areas are competent to perform functions in relation to scheduled offences, prior to the stage of trial before the Special Judge, Dacoity Affected Areas'?2. Almost connected with the aforesaid question the point also emerge in Man Singh v. State, S.B Cr. Misc Petition No. 369/88, Heera Lal v. Johari and Ors. SB. Cr. Misc. Petition No. 178/89 and Hari Ram v. State SB. Cr. Misc. Petition No. 2859/88. These cases therefore, have also been heard along with this reference though they will be disposed of by separate orders purely based on the result of this reference.3. Before appreciating the point referred to it will be essential to give the back-ground in which this question has arisen. On a written report from one Mano...
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ723; 1991(2)WLC421; 1991(2)WLN165
ORDERR.S. Verma, J.1. These two petitions Under Section 482, Cr.P.C. raise identical questions of law and facts. Hence, they have been heard together and are being finally disposed of at the admission stage itself by common consent.2. In S. B. Criminal Misc. Petition No. 228 of 1991 petitioners Raju and others are the registered owners of tractor No. HMT 3511 and they also own the compressor attached with this tractor. In S. B Criminal Misc. Petition No. 232 of 1991 petitioner Bhanwar Singh is the registered owner of Tractor RNE 8914. He also owns the compressor attached to this tractor. On 24-4-1991 both these tractors were found carrying explosives without any licence and hence were seized by Shri Mahendra Singh, Deputy Superintendent of Police, Shahpura. At the time of seizures Tractor HMT 3511 was found in possession of Ramlal s/o Raju and Kalu s/ o Kana, while Tractor RNE 8914 was found in possession of one Mukut Singh, who is real brother of Bhanwar Singh. In connection with trac...
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ955; 1992(1)WLC76; 1991(2)WLN212; 1991(2)WLN259
V.S. Dave, J.1. This habeas corpus petition has been filed by the petitioners praying that the order granting remand to judicial custody to accused SVS Kuldeep Jain, Meethalal and Khajulal by the Chief Judicial Magistrate, Ajmer, be declared illegal and consequently the detention to be unlawful. They further prayed that they be directed to be released forthwith.2. The main ground of challenge is that mandatory provisions of Section 167(2), Cr. P.C. have been grossly violated and the order granting remand to judicial custody has been passed in the absence of any prayer by the police or production of the case diary. The petitioners' case is that the Station House Officer, Police Station Motidoongri, Jaipur submitted a written report at the said police station on 19-11-1990 on which F.I.R. No. 275/90 was registered against one Shri D.P. Gupta at whose residential place as well as business premises a search was carried out revealing a sizable stock of explosives. The case was registered fo...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(2)WLC19; 1991WLN(UC)402
N.K. Jain, J.1. This miscellaneous appeal is directed Under Section 39(vi) of the Arbitration Act, 1940 against the judgment of learned District Judge, Udaipur dt. 1.8.89 whereby the award given by arbitrator was made rule of the court.2. The facts in brief are that the appellant is a company registered under the Companies Act. Respondent No. 1 is a registered firm having its registered office at Calcutta and brench office at Udaipur. The appellant and respondent No. 1 entered into an agreement Ex. 1 on 14.5.81 for excavation and removal of overburden at Jhamarkotra Mines, Udaipur on a turn-key basis for excavation, removal transportation including loading and unloading, disposal clumping, dozing, levelling and spreading etc. of over burden at the specified dump yards including final dressing of the mine benches, faces and sides etc. and incidental mining rock phosphate are encoundered during the excavation of over burden, its transportation orestacks etc. The contract is for a period ...
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