Court : Rajasthan
Decided on : Jan-03-1979
Reported in : 1979WLN1
S.K. Mal Lodha, J.1. This revisional application by defendant No. 3 Deva Ram is directed against the order of the Additional Civil Judge. Jodhpur dated 24-1-1977 by which he decided issue No. 6 in favour of the plaintiff Jas Raj (non-petitioner No. 3) and against the defendants.2. Defendant No. 1 State of Rajasthan is non-petitioner No. 1 and defendant No. 2 Mining Engineer, Jodhpur, is non-petitioner No. 2 in this revision.3. A few facts necessary for the disposal of this revision may briefly be noticed : plaintiff Jasaram instituted a suits in the court of Munsif City, Jodhpur against the defendant on July 28, 1971 for declaration and perpetual injunction.4. The suit was transferred from the Court of Munsif City to the Court of Additional Civil Judge, Jodhpur.5. The case of the plaintiff is that he submitted applications for grant of rent-com-royalty lease in respect of allotment of quarry No. 377 situate in Kali Beri Area. Jodhpur in the office of the defendant No. 2 on December 27,...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-27-1979
Reported in : 1979WLN645
K.S. Sidhu, J.1. This is a petition under Article 226 of the Constitution of India for a direction, order or writ in the nature of certiorari and prohibition to bring up and quash the order of reversion dated August 10, 1978, passed by the Rajasthan State Electricity Board (for short the Board) in respect of the petitioner and to restrain the Board from giving effect to the impugned order. The impugned order which is Annexure 4 to the petition is in these terms:Shri R.K. Kulshrestha who is continuing against the temporary post of Executive Engineer on ad hoc basis is hereby reverted to the post of Asstt. Engineer with immediate effect.On reversion as Asstt. Engineer, services of Shri R.K. Kulshrestha are placed at the disposal of the Chief Engineer (Const. & Gen.), RSEB, Jaipur.By order,sd/-(Harish Nayyer)Secretary2. The case of the petitioner as set out in his petition may be briefly stated here. The petitioner joined service of the Board as a Junior Engineer on June 2, 1959. He was p...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-13-1979
Reported in : AIR1979Raj218; 1979()WLN261
Lodha, C.J. 1. These are three connected writ petitions under Article 226 of the Constitution of India. The petitioners in these petitions are brothers end since the main points urged arc common to all of them, we propose to dispose them of by a single order. 2. Briefly stated, the facts of these cases are that 25 Bighas of land situate in 11 S. B. D. was allotted to each of the petitioners in the year 1959 under the provisions of the Rajasthan Temporary Cultivation (Leases Conditions) Act, 1955 and subsequently, on the application by the petitioners, the land inquestion was allotted to the petitioners permanently on December 16, 1972, However, the allotting authority, having come to know that the petitioners had got land allotted in their favour by making incorrect statement of facts, cancelled the allotment on January 8, 1975. Aggrieved by the orders of cancellation, the petitioners filed appeals and the appellate authority, by its order dated December 29, 1976, remanded the case to ...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-23-1979
Reported in : AIR1979Raj162
Lodha, C.J.1. This is an appeal by the owner of the vehicle and the Insurance Company under Section 110-D of the Motor Vehicles Act, 1939 from the award dated 27th Oct., 1971 by the Member Motor Accidents Claims Tribunal, (District Judge), Jaipur City, Jaipur, whereby the learned Member directed that an amount of Rs. 55,000/- be paid to the respondent Shivprakash as damages on account of the injuries caused to him in the course of an accident, which took place on 25-7-1968 in the city of Jaipur, while the said respondent was being carried on the carrier of a cycle driven by his servant. The respondent's case, as set out in the claim petition, was that while he was being taken on the carrier of the cycle by his servant Ratanlal from Gujarati Samaj School, the motor car No. A.S.E. 4105 belonging to M/s. Tinsukhia Flour Mills, which was being driven by Prabhu Dayal, dashed against the cycle on the wrong side, as a result of which the respondent fell down and was run over by one of the whe...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-28-1979
Reported in : 1979WLN486
C.M. Lodha, C.J.1. This is an appeal by the owner of the vehicle and the Insurance Company under Section 110D of the Motor Vehicles Act, 1939 from the award dated 27th October, 1971 by the Member, Motor Accidents Claims Tribunal, (District Judge), Jaipur City' Jaipur, whereby the learned Member directed that an amount of Rs. 55.000/- be paid to the respondent Shivprakash as damages on account of the injuries caused to him in the course of an accident, which took place on 25-7-1968 in the city of Jaipur, while the said respondent was being carried on the carrier of a cycle driven by his servant. The respondent's case, as set out in the claim petition, was that while he was being taken on the carrier of the cycle by his servant Ratanlal from the Gujarati Samaj School, the motor car No. ASE 4105 belonging to M/s. Tisukhia Flour Mills, which was being driven by Prabhu Dayal, dashed against the cycle on the wrong side, as a result of which the respondent fell down and was run over by one of...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-29-1979
Reported in : 1979WLN709
C.M. Lodha, C.J.1. This is a special appeal under Section 18 of the Rajasthan High Court Ordinance from the judgment of the learned Single Judge dated December 1, 1978 in S.B. Civil Writ Petition No. 439 of 1978, whereby the learned Judge dismissed the writ petition filed by the appellant-petitioner.2. The appellant is a clerk in the United Commercial Bank, Bhopal Garh Branch, Jodhpur District. He was eligible for promotion to the higher post as Officer Grade 'D' on being selected after qualifying in a written test aid interview. A memorandum of agreement regarding the policy and the procedure concerning promotion and selection was entered into, between the respondent Back and the workmen through their unions and in the said agreement it was provided that in allocation of marks for the written test, interview, lengh of service and qualifications three marks would be given for Double Graduation or Master's Degree from a recognised University or a post graduate diploma of a recognised Un...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-20-1979
Reported in : AIR1979Raj186
ORDERG.M. Lodha, J. 1. This writ petition provides a typical example of attempt of an undemocratic Sarpanch to flout majority verdict on the heels of legal technicalities. 2. Before I proceed to give the facts of this case, it would be useful to mention in brief the historical concept of Panchayat institution. 3. The age old concept of 'Panch Parmeshawara' Panch is God, which was prevalent in ancient India, disappeared completely during British rule in India. The institution of Panchayat Raj or Village Panchayat has been an institution existing from times Immemorial in this country but during British rule this institution collapsed. 4. The Indian Independence of 1947 and its Constitution again revised the 'Panchayat' concept by placing it in the directive principles of State policy. The framers of the Indian Constitution, enacted Article 40 as follows:-- 'The State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enabl...
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