Court : Rajasthan Jodhpur
Decided on : May-07-2015
By the Court: 1. The two appeals above noted are directed against the same award and judgment dated 30th January, 2004, passed by the Motor Accident Claims Tribunal (Essential Commodity Act), Jaipur, in claim case No.202/2004, (Manna Ram Kumawat Vs. RSRTC and ors.), and therefore, have been taken up for adjudication by this common judgment and order. 2. Briefly, the skeletal material facts necessary for appreciation of the controversy needs to be first noticed. On 24th December, 2001 at about 4.00 PM, while the deceased Lal Chand Kumawat, was traveling in Jeep No. RJ-14-1C-0347, died of an accident, as the Jeep was hit by Bus No. RJ-09-P-1678 of Rajasthan State Road Transport Corporation (hereinafter referred to as the 'Corporation', for short). The claimants lodged a claim petition for loss of bread winner of the family. The Corporation filed his counter to the claim petition denying the contents of the claim petition and the claim as well. On the basis of pleaded facts of the claim p...
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : May-08-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER State Farm Corporation vs. Labour Court, of India & anr. Sri Ganganagar & ors. S.B.Civil Writ Petition No.2978/2000 under Article 226 & 227 of the Constitution of India. Date of Order:8. h of May, 2015 PRESENT HON'BLE MISS JUSTICE JAISHREE THAKUR Mr. Manish Shishodia with Mr. Arjun Bhattar, Counsel for the petitioners. None present for the respondents. BY THE COURT:1. The present writ petition has been filed challenging the award dated 8.9.1999 by which the Labour Court has ordered reinstatement of respondent-Jamil Ahmed along with 50% back wages from 10.2.1999.2. The respondent no.2 Jamil Ahmed approached the Conciliation Officer, inter alia, alleging that he had been retrenched illegally. A reference was made vide Notification dated 10.2.1993 on the basis of which a case was registered before the Labour Court, Bikaner. Respondent no.2 submitted his claim petition contending that he had worked from 15.11.89 to 16.11.1990...
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Jul-31-2015
S.B.Civil Writ Petition No.8888/2014 Murad Ali Mehar versus The New India Assurance Co.LTD.& ORS.[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CIVIL WRIT PETITION NO.8888/2014 Murad Ali Mehar versus The New India Assurance Company LTD.& ORS.Date of order : 31.7.2015 HON'BLE Mr.JUSTICE SANDEEP MEHTA Mr.Anil Bhandari, for the petitioner. Mr.Jagdish Vyas, for the respondents. Through this writ petition, the petitioner Murad Ali Mehar has approached this Court praying for the following relief:- I. The communication dated 13.11.2014 (Anx11) may kindly be quashed to the extent the respondents seek to make payment of provident fund of Companys contribution with interest. II. The respondents may be directed to treat the petitioner to have opted for pension under Pension Scheme, 1995. III. The respondents may kindly be further directed to release the amount of monthly pension, arrears of pension, commutation of pension, petitioners own contribution towards provident fu...
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Mar-25-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER : S.B. CIVIL WRIT PETITION NO.9669/2014 Gotan Lime Stone Khanij Udyog Pvt. Ltd. versus The State of Rajasthan & Ors. Date of Order ::25. 3.2015 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Dushyant Dave, Senior Advocate Mr. M.S. Singhvi, Senior Advocate assisted by Mr. Anjay Kothari, Mr. Varun Singhvi & Mr. Abhishek Mehta, for the petitioner/s. Dr. P.S. Bhati, AAG with ) Mr. S.S. Rathore ), for the respondent-State. Mr. P.K. Bhalla ) Mr. D.D. Thanvi ) Mr. Ramit Mehta ) for the respondent No.5. ----- REPORTABLE BY THE COURT: This writ petition has been filed by the Gotan Lime Stone Khanij Udyog Pvt. Ltd. ('petitioner' / 'Gotan Lime' / 'the Company') aggrieved against the order dated 16.12.2014 (Annex.22) passed by the Joint Secretary, Mines (Group-2), Government of Rajasthan, Jaipur, by which the order dated 25.4.2012 whereby the lease was permitted to be transferred in petitioner's favour has been declared void and the ...
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Oct-09-2015
..... title on her to transfer the land during the life time of the testator herself smt.shanti devi. in that background, all other subsequent events including conversion of agricultural land into industrial land under section 90-b of the rajasthan land revenue act, 1956 are also categorized as insignificant so as to confer any title on the respondent nos.4 & 5. the application of the respondent nos.4 & 5 (ia ..... the adoption deed and even categorised the same as a forged document but said pleading is of no significance inasmuch as she has not appeared in the witness box. any pleading in want of proof 43 deserves no credence whatsoever. the suit as such was filed in the year 1998 and smt.shanti devi survived almost for a decade during pendency of the suit inasmuch as she passed away on 07 ..... p.joshi, 2011(2) ccc001(sc) (3) rangammal vs. kuppuswami, 2011 (3) ccc446(sc) (4) chimajirao kanhojirao shirke & anr. vs. oriental fire & general insurance co. ltd., (2000) 6 scc622(5) veerabhadrayya r.hiremath vs. irayya a.f.basayya hiremath, 2006 (3) ccc655(karnataka) (6) baru vs. tej pal ..... be permitted to adduce the evidence .. hence, the hon'ble supreme court did not lay down a universal principle that in every case an application under order 41 rule 27 cpc is filed, it should be allowed ipso facto by the appellate court.20. in the case of muncipal corporation for greater bombay vs. lala pancham of bombay & ors. [air1965sc1008, the hon'ble supreme court has observed that though the appellate court .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Nov-17-2015
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT: S.B.CIVIL MISC.APPEAL NO.917/2011 M/s. Perfect Thread Mills Limited Vs The Competent Authority (Land Acquisition) cum SDO, Girwa & Anr. Date of Judgment ::17. h November 2015 PRESENT HON'BLE MR.JUSTICE P.K.LOHRA Mr.Manish Singhvi and Mr.Anjay Kothari for the appellant Mr.Akhilesh Rajpurohit and Mr.Vinit Sanadhya for the respondent No.2 NHAI Reportable BY THE COURT: Appellant, a company duly registered under the Companies Act, 1956 has laid this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') to assail the impugned order dated 05.02.2011 passed by the learned Additional District Judge No.3, Udaipur (for short 'the learned court below') as well as the award dated 02.01.2007 rendered by Arbitral Tribunal and the award dated 11.08.2006 passed by the Competent Authority (LA)-cum-Sub Divisional Officer, Girwa insofar as the same relate to compensation for acquisition of l...
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