Court : Rajasthan
Reported in : 2007(34)PTC246(Raj)
Satya Prakash Pathak, J.1. This is a defendant's appeal against the Judgment & decree dated 13.09.2005 passed by Addl. District & Sessions Judge (Fast Track), Rajsamand in Civil Original Suit No. 100/2004 (Miraj Products Pvt. Ltd. v. Ashish Tea Company and Ors.) allowing the suit filed by respondent-plaintiff for declaration and permanent injunction.2. The facts leading to this case are that respondent-plaintiff filed a suit for permanent injunction, infringement of copyright, passing off trademark & goodwill and rendition of accounts in the trial Court with the averments that it is a limited company registered under the previsions of the Companies Act, 1956 having its registered office at Uper Ki Oden, Nathdwara, District Rajsamand (Rajasthan) and is entitled to the exclusive use ox trademark 'Miraj' for the goods manufactured by it and, therefore, the defendants be restrained from using the said trademark.3. The case set up by the plaintiff in the plaint was to the effect that plaint...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj1959; 2006(3)WLC166
Shashi Kant Sharma, J.1. Instant criminal appeal has been preferred by accused appellants Satya Narayan @ Bada, Smt. Motiya Bai and Smt. Santosh Bai against the judgment dated 5th July, 2002 passed by Addl. Sessions Judge (Fast Track) No. 1, Bundi whereby accused appellant Satya Narayan @ Bada was convicted for the offence Under Section 302 IPC and was sentenced for life imprisonment and a fine of Rs. 5,000/-, in default to further suffer imprisonment of two months' SI and accused appellants Smt. Motiya Bai and Smt. Santosh Bai were convicted for the offence Under Section 302/34 IPC and were sentenced to life imprisonment and a fine of Rs. 1,000/- each, in default to further suffer one month RI.2. Brief facts relevant and essential for the disposal of the appeal are as under:3. According to prosecution story, Ramkishan PW-4 informed the police of Police Station, Nainwa on 15th November, 1999 at 3 pm that dead body of Mahaveer is lying in 'KHAL' in the BEED of Maharaja. This information...
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)DMC300; RLW2006(3)Raj2115; 2006(2)WLC743
Narendra Kumar Jain, J.1. This appeal is directed against the judgment and order dated 8th of July 2002 passed by the Additional District and Sessions Judge (Fast Track) No. 2, Dholpur, in Sessions Case No. 300/2001, whereby he convicted and sentenced the accused appellant Under Section 304-B of the Indian Penal Code (for short, 'IPC'), to ten years rigorous imprisonment.2. Briefly stated, the facts of the case are that on 9th April 2000 PW% 1 Deep Singh lodged a written report (Exhibit P-1) at Police Station Kotwali Dholpur, wherein it was alleged that his daughter Rekha was married with Bhola @ Dilip Singh about three years ago. Bhola @ Dilip Singh started harassing her daughter Rekha by saying that her father has not given dowry. He used to tell her daughter to bring dowry in cash as well as scooter, it was further alleged that his daughter was ousted from the house and she remained with him for about four months but she was taken back by Bhola (w Dilip Singh about twenty days ago a...
Tag this Judgment!Court : Rajasthan
Reported in : 2007ACJ1449; 2006WLC(Raj)UC710
Prakash Tatia, J. 1. Heard learned Counsel for the parties.2. These two appeals are arising from the award dated 19.4.2003 by which the Motor Accidents Claims Tribunal, Udaipur decided two Claim Case Nos. 44 and 107 of 1996 and awarded compensation to the claimants. The claimants have not preferred any appeal for enhancement nor they have preferred any cross-objection, therefore, the issue involved in these appeals, as submitted by the appellant is that the Tribunal has committed error of fact in holding that the driver of the vehicle was Daula s/o Khema where in fact, according to the owner, the driver of the vehicle at the relevant time was Daya Ram s/o Bhera Dangi. Daya Ram had valid driving licence to drive the vehicle. If the finding of the Tribunal is reversed, then the insurance company is liable to pay the compensation amount to the claimants in place of the owner. Another ground is that if the finding of the Tribunal is maintained and the driver of vehicle was Daula, then he w...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2244
R.P. Vyas, J.1. This appeal is directed against the judgment dated 1.10.2002 passed by the Additional Sessions Judge, Women Atrocities Cases, Bhilwara, whereby, accused - appellant Narain @ Naran has been convicted and sentenced under Section 376 IPC, to ten years rigorous imprisonment and a fine of Rs. 1000/- in default of payment of fine to further undergo three months' rigorous imprisonment and under Section 392, IPC, ten years' rigorous imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further under three months' rigorous imprisonment. All the sentences were directed to run concurrently.2. The prosecution story, in nutshell, is that on 25.08.99, Smt. Chandi W/o Shri Chhagan lal lodged a written report (Ex.P-4) with the Police Station, Kotri, District -Bhilwara to the effect that on 24.8.99, while she was selling chilli at village Singhji-ka-Khera, at around 7-7.30 p.m., accused Narain Gujar came to her with a Tractor and Trolley and told her that his brother (...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj2124; 2006(2)WLC668
Ashok Parihar, J.1. Since on similar set of facts, same relief has been claimed, all the above writ petitions have been heard together and are being decided by this common order.2. Admittedly, the petitioners had been appointed on the post of Coach in different games and sports on contract basis for a fixed term. Apart from claiming regularization, the petitioners have also prayed for regular pay scale for the post of Coach alleging that they have been given appointment after due selection. In view of interim order passed by this Court the petitioners are continuing on the posts in question even after expiry of period of contract.3. The respondents, in their reply, have disputed the facts as submitted by the petitioners. It has been contended that there have never been regular selections from open market and petitioners also joined the services fully knowing the terms and conditions of contract. As such, the prayers made by the petitioners cannot be accepted by this Court under writ ju...
Tag this Judgment!Court : Rajasthan
Reported in : AIR2006Raj251; RLW2006(3)Raj2248; 2006(4)WLC144
Prakash Tatia, J.1. Arguments heard.2. This appeal is arising out of the judgment and decree passed by the trial court dated 20.8.1971 and upheld by the first appellate court by the judgment and decree dated 24.11.1981. The trial Court decreed the suit of the plaintiff on different grounds than the grounds on which the first appellate Court decreed the suit. The first appellate court also declared the share of the plaintiff as l/3rd in the suit property instead of 4/9 as declared by the trial Court.3. Brief facts of the case are that the property in dispute, situated in the city or Bikaner, was belonging to one Ganga Das and Mool Chand. Ganga Das has 2/3 share whereas Mool Chand had 1/3 share in the suit property. Ganga Das had four sons, Moti Lal, Raman Lal, Shanker Lal and Shiv Ratan. Shiv Ratan died in the year 1931 leaving behind his widow Smt. Jethi, who is the plaintiff. Moti Lal and Raman Lal separated from Ganga Das in the year 1937. Shanker Lal S/o Ganga Das and Smt. Jethi wid...
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)ACC326
G.R. Sarraf, J.1. The claimant-appellants have submitted this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 30.1.1996 of the Motor Accident Claims Tribunal, Jaipur District, Jaipur.2. The facts in brief are that on 1.6.92, the deceased Lallu Ram @ Lallu Lal was going by jeep No. RJ-14-6962 along with two others from Jaipur. When the aforementioned jeep reached near village Nawalpura on National Highway No. 8, a bus No. RNP-1768 of Rajasthan State Road Transport Corporation, driven rashly and negligently by its driver collided with the jeep resulting in the death of Lallu Ram @ Lallu Lal and two others and several other persons sustained injuries. The Tribunal after hearing the parties, passed an award of Rs. 1,83,000 in favour of the claimant-appellants. Aggrieved by this judgment/award, the claimant-appellants have filed this appeal.3. Mr. R.S. Rathor the learned Counsel for the claimant-appellants has assailed the finding of the learned Tribunal ...
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)ACC423
G.S. Sarraf, J.1. The claimant-appellants have preferred this appeal under Section 173 of the Motor Vehicles Act against the judgment/award dated 27.5.96 of the Additional District and Sessions Judge, Jaipur District, Jaipur.2. The husband of the claimant-appellant No. 1 and the father of claimants-appellant Nos. 2 to 6 Bheema Ram died on 16.6.90 when the bus No. RRM 7004 overturned. The deceased Bheema Ram was travelling by the aforementioned bus. The learned Tribunal assessed the income of the deceased as Rs. 1,500 per month and after deducting 1/3rd of it on account of money spent by the deceased on himself, assessed the dependency as Rs. 1,000 per month and adopted the multiplier of 13 and after adding Rs. 15,000 on account of loss of consortium passed an award of Rs. 1,71,000 (1,000 x 12 x 13 = 1,56,000 +15000 = 1,71,000). Aggrieved by this the claimant-appellants have filed this appeal.3. The only controversy in this matter is with regard to the multiplier. The learned Tribunal h...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(2)Raj1548; 2006(3)WLC544
R.S. Chauhan, J.1. The alleged sodomy and brutal murder of a eight year old boy forms the background of this criminal appeal. The appellant has challenged the judgment dated 31.7.2002 passed by the Addl. Sessions Judge (Fast Track), Jhunjhunu whereby the appellant has been convicted for offences under Section 377 and 302 IPC. For the former offence, the appellant has been sentenced to 10 years R.I. and fined Rs. 500/- and to further undergo a sentence to fifteen days of simple imprisonment in default thereof. For the latter offence, he has been sentenced to life imprisonment and fined Rs. 2,000/- and to further undergo two months simple imprisonment in default thereof.2. The brief facts of the case are that on 7.9.2000 Chhala Ram (PW-1) lodged a report (Ex.P. 1) at Police Station, Chirawa wherein he claimed that 'his young son Mintu, aged eight years, was missing from the afternoon of 2.9.2000. The boy had left the house at 12'O clock in order to play. However, when the body did not re...
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