Court : Rajasthan
Decided on : Apr-02-1998
Reported in : 2000ACJ963; 1999(1)WLC551; 1998(1)WLN641
R.R. Yadav, J.1. In the above 12 appeals common questions of law and facts are involved, hence, all these appeals can be conveniently disposed of by a composite order. S.B. Civil Misc. Appeal No. 414 of 1996 shall be treated as leading case.2. The present bunch of cases arise out of a single accident that occurred on 28.12.1993 by overturning of the insured tractor-trolley bearing registration No. RJ-19-R-2453, which fell into an adjacent pit with the result some of the persons died and some of them were injured.3. It is alleged that those who died and who suffered bodily injuries in the accident, were gratuitous passengers in the trolley and all of them were on a joy ride for darshan to the temple of Parshu Ram Mahadev and while returning from the darshan the ill-fated accident occurred.4. The heirs and legal representatives of deceased persons who are respondents in these appeals, filed claim petitions under the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988')....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-26-1998
Reported in : 2000ACJ689; AIR1998Raj140; 1998(2)WLC414; 1998(1)WLN491
ORDERR.R. Yadav, J. 1. The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against dismissal of claim petition dated 27-8-92 passed by Motor Accident Claims Tribunal, Banswara. 2. The brief facts leading up to filing of the appeal which are relevant for its just decision are that in Paragraphs 11 and 13 of the claim petition it is specifically pleaded that on 14-9-85 at about 6.30 p.m. deceased Dwarka Prasad Sharma along with other persons after performing their official work at Banswara were returning back to Gatol in a department's Jeep bearing registration No.RJB 2004. It is further pleaded that the said Jeep was being driven by respondent No. 2 Navin Chandra Suthar. When the said Jeep reached near 'Mahi Rest House' due to rash and negligent driving of respondent No. 2 it met with an accident resulting in severe injuries to the persons sitting in it, including Dwarka Prasad who was immediately taken for treatment to M. G. Hospital, Banswara where he s...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-09-1998
Reported in : AIR1999Raj47
ORDERB.S. Chauhan, J.1. The instant writ petition has been filed challenging the inquiry report dated 30-9-1998 (Annexure P-20) and impugned order dated 7-10-98 (Annexure P-18) by which the petitioner has been removed from the post of Chair-person of the Municipal Board. Asind district Bhilwara. and further she has been declared disqualified to contest election of the Municipal Board for the post of Chair-person/Member for a period of five years.2. The facts and circumstances giving rise to this case are that the petitioner was elected as the Chair-person of the Municipal Board, Asind on 28-8-1995. Some irregularities were pointed out in allotment of a shop No. 15 in favourof one Shri Oautam Chand Jain, vide order dated 4-7-97, by the petitioner and proceedings under Section 63 of the Rajasthan Municipalities Act, 1959 (hereinafter referred as 'the Act') were initiated. Petitioner was put under suspension and judicial enquiry commenced. Allegations and counter-allegations regarding all...
Tag this Judgment!Court : Rajasthan
Decided on : May-02-1998
Reported in : AIR1998Raj229; 1999(1)WLC276
ORDERArun Madan, J. 1. The Petitioner, National Engineering Industries (for short 'the Company') by way of this Writ Petition filed under Article 226 of the Constitution of India, has challenged the Order, dated 19-2-1994, issued by Respondent No. 4 viz. Sub-Divisional Officer, Jaipur directing the Petitioner-Company to remove its purported encroachment over Khasra Nos. 138/279 and 139/279 in Bassi Sitarampura by 25-2-1994 failing which coercive action for removal of the aforesaid encroachment was directed to be initiated at the instance of Respondent No. 4 against the Petitioner-Company vide impugned Notice. dated 9-4-1994. It is the said Notice which has been challenged by the Petitioner-Company on the ground of having been issued by Respondent No. 4 as being wholly arbitrary, unwarranted, without jurisdiction and on extraneous considerations and is also barred on the principle of promissory estoppel. Prior to initiation of land acquisition proceedings in pursuance of the expansion p...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-28-1998
Reported in : AIR1998Raj290; 1998(3)WLC587; 1998(1)WLN354
ORDERV.G. Palshikar, J. 1. By this petition, the petitioners have challenged the orders passed by the Revenue Authorities cancelling the allotment of land made in favour of Bhanwar Kanwar wife of Chhel Singh Rajput.2. Facts giving rise to this petition stated briefly are that on 6-6-1962, 10 bighas of land was allotted to Smt. Bhanwar Kanwar in village Gura Mehkaran, Tehsil, Kharchi on the basis that she was a landless person. This land was sold by her by a registered sale deed D/- 24-12-72 to the present petitioner Dalpat Singh s/o Jorawar Singh. Proceedings were thereafter, taken up for cancellation of this land on the ground that the allottee Smt. Bhanwar Kanwar was not a landless person on the date of allotment as her husband Chhel Singh was recorded owner of 32.5 bighas of land in village Gura Sursingh. The Tehsildar, Kharchi therefore, recommended the Collector, Pali that the allotment in favour of Bhanwar Kanwar be cancelled. The Collector thereafter proceeded to cancel the allo...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-1998
Reported in : 1998(2)WLC321; 1998(1)WLN33
B.S. Chauhan, J.1. The instant appeal has been filed against the common judgment and order of the learned Single Judge dated 2.12.1997 passed in S.B. Civil Writ Petition No. 5592/92 challenging the termination of the services of the petitioner-appellant vide order dated 27.3.1991 and also claiming regularisation of her service, and in S.B. Civil Writ Petition No. 3461/1994 challenging the order dated 12.5.1994 terminating the services of the appellant as the appellant had been reinstated in terms of the interim order of this Court dated 22.10.1992.2. The facts, giving rise to this appeal, are that the appellant passed her Secondary School examination in the year 1975 from the Board of Secondary Education. Rajasthan, Ajmer and obtained the Diploma in Needle Work and Tailoring from the Rajasthan Mahila Vidhyalaya, Udaipur in the year 1977. The appellant was appointed on the post of Primary School Teacher by the Panchayat Samiti, Jhadol vide order dated 26.9.1984 on temporary basis for a ...
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