Court : Rajasthan
Decided on : Apr-09-1990
Reported in : 1991ACJ546
N.C. Kochhar, J.1. The facts giving rise to the appeal and the cross-objections against the award dated December' 17, 1985, passed by Mr. Jagat Singh, Judge, Motor Accidents Claims Tribunal, Kota, are as under:On the morning of 7th April, 1982, at about 9.30 a.m., respondent Kishan Lal was going on scooter at Gumanpura Road near Poolia at Kota. At that time jeep, bearing No. RRR 8750, which was owned by the appellant No. 1, State of Rajasthan and was being driven by Vishnu Dutt, driver, came from the opposite direction and there was an accident between the scooter and the jeep. Respondent fell down from the scooter. In the accident his left foot was fractured and he also received some abrasion injuries on the foot. He became unconscious and was removed to the hospital by AW 2, R.R Kapur. In the hospital Dr. Y.K. Sharma examined the respondent. The respondent remained admitted in the hospital for about 8 days and thereafter he took rest at his residence. He filed a petition claiming a s...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-24-1990
Reported in : 1991ACJ557
..... detail and held that the insurance company is permitted by the statute to raise only such defences which are permitted under the provisions of section 96 (2) of the act and nothing more can be added to the same.(10) a division bench of the allahabad high court in gulab chandra gupta's case 1985 acj 245 (allahabad), ..... . as regards the insurance company it is submitted that it can only raise such grounds which are permissible under section 96 (2) of the motor vehicles act, 1939 (hereinafter called 'the act'). it is submitted that the insurance company has no right to contest the claim petition nor to challenge the award in appeal except on the grounds available ..... a preliminary objection has been taken by the learned counsel for the respondent nos. 1 and 2 that in view of the provisions of section 96 (2) of the act the insurance company cannot challenge the award on merits and as such the appeal is not maintainable. he relied upon sushila v. succha singh 1989 acj 226 (rajasthan) oriental .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-16-1990
Reported in : 1990(2)WLN1
R.S Verma, J.1. This appeal is directed against the order of Single Judge dated 8-5-1986 by which the writ petition of the appellant has been dismissed.2. The facts giving rise to this petition and the appeal lie in a narrow compass. The petitioner had put in 28 years of service under the District Judge, Jodbpur and at the relevant period was working as Reader to Munsif and Judicial Magistrate, Bilara. A Screening Committee was constituted by the District Judge, Jodbpur, to screen persons who bad completed 25 years of service and had outlived their utility so that such person may be retired in public interest. The Committee considered the case of the appellant along with the cases of some other employees and recommended the petitioner's retirement under Rule 244 (2) of the Rajasthan Service Rules. The District Judge accepted the recommendation of the Screening Committee and passed order Anx. 7 on September 2, 1983 where by the appellant was compulsorily retired from service in accordan...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-11-1990
Reported in : 1990(2)WLN122
..... 304-ii, ipc is also not made out. if a person commits culpable homicide not amounting to murder shall be punished with imprisonment under section 304-ii, ipc if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury at is likely to cause .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-23-1990
Reported in : 1990(2)WLN138
N.L. Tibrewal, J.1. This appeal arises against the judgment dated 14-9-1979 passed by the learned Additional Sessions Judge, Udaipur in Section s-ions Case No. 39/79 by which he convicted and sentences the appellants Under Section 323, IPC to 9 months' R.I. and a fine of Rs. 300/-.2. The incident is alleged to have taken place on 6-11-1978, while the report came to be lodged on November 12, 1978 at Police Station Dekariya, District Udaipur. The prosecution case, as given out in the report is that Bhoma had come to village Taloi Phalan Roop, where the residence of his sister Smt. Chunni lies. It is alleged that Bhoma had brought a transistor radio which belonged to the accused appellant Vena Ram. Some altercations took place all of a sudden and the accusation against the appellants is that they gave beating to Bhoma Ram with fists and kicks On intervention of Smt. Chunni the sister of Bhoma Ram the beating is alleged to have been stopped by the accused Bhoma Ram is said to have died nex...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-06-1990
Reported in : 1990(2)WLN233
..... on examination, was found as opium. the police, after necessary investigation, presented a challan and the appellant was tried for the offence under section 8/18 of the act by the additional sessions judge no. 1, hanumangarh. after trial, the learned additional sessions judge no. 1, hanumangarh, convicted and sentenced the appellant, as mentioned above. ..... any time before his person was searched. as the investigating officer, in the present case, failed to comply with these mandatory requirements of section 50 of the act, which, in my opinion, vitiates the whole trial.7. the next question which requires consideration is: whether the s.h.o. raghuveer singh was authorised and ..... by special or general powers. the language of sections 50 and 58 further makes the intention of the legislature clear. section 58 clearly shows that the persons acting under section 43 should be the persons specially empowered under that section . the section reads: any person empowered under section 42,43 or 44. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-1990
Reported in : 1990(2)WLN417; 1990WLN(UC)420
..... subordinate and ministerial service) rules, 1963 and rule 20 of the rajasthan municipalities (class iv service) rules, 1964 are ultra vires of the rajasthan municipal lies act, 1959 and they are hereby struck down. consequently, all the writ petitions arc allowed and the transfer orders issued in the purported exercise of rule 38 of ..... respondent and the maniper university without simultaneously making it either expressly or by necessary implication, subject to the respondent's consent. the provision in manipur university act for the transfer of the services of the staff working at the said centre must be construed as enabling such transfer with the consent of the employee ..... needs to be discussed in detail.15. in general officer, commanding-in-chief s case (supra) certain rules were fronted under section 280 of the cantonments act, 1924. the rules are known as cantonment funds servants rules, 1937. rule 5-c of these rules provides for transfer of the employees of the cantonment boards .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-13-1990
Reported in : 1990(2)WLN580
..... offence was committed, that it is expedient that the offender should be released on probation of good conduct or after admonition. if the court refrains from dealing probation of offenders act or any other law for the treatment, training or rehabilitation of youthful offenders, where the court count have done so, section 361, which is a new provision in the 1973 .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-21-1990
Reported in : 1992CriLJ1392
ORDERV.S. Dave, J.1. This transfer petition has been filed by the petitioner praying that case pending before the Court below may kindly be transferred to any Court of competent jurisdiction in any of the Districts of Rajasthan. The case referred to in the prayer of which transfer has been prayed is a Criminal Appeal No. 13/89, Maninder Kumar v. State of Rajasthan pending before the Addl. Sessions Judge, Dholpur for an offence under Section 325/34, I.P.C.2. The petitioner in his petition stated that his appeal was listed for arguments along with the connected appeal filed by Ravindar Kumar on 24-6-89. An application for exemption was moved by co-accused Bhagwat Swaroop, Ravindar Kumar and the petitioner Manindar Kumar. The application of Bhagwat Swaroop was allowed, bailable warrants were issued against Ravindar Kumar but warrant of arrest was issued against the petitioner and his bail bonds were ordered to be forfeited by the learned Appellate Judge, namely, Shri Brij Lal Bundel, Sess...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-01-1990
Reported in : 1991ACJ74
..... the definition, the expression would include any place, including private, where public passenger carrier picks up or sets down passengers.the definition of 'public place' under the act is, therefore, wide enough to include any place which members of public use and to which they have a right of access. the right of access may be ..... whether the appellant is liable to indemnify the insured employer hari singh, respondent no. 4. it is correct that under section 14 of the act of 1923, the insurance company is liable to pay the amount of compensation when the employer becomes insolvent. this does not mean that an insurance company is liable ..... the cleaner and as such the risk of the cleaner bhagwan singh was also covered. he lastly contended that to fasten the liability under the workmen's compensation act, 1923 against an insurance company, it is not necessary that the accident should have taken place in a public place.9. the first question for consideration is .....
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