Court : Rajasthan
Decided on : Nov-25-1993
Reported in : 1994ACJ692; 1994(1)WLC655
..... assurance co. ltd. v. kamlaben 1993 acj 673 (gujarat). thus the extent of liability of the appellant insurance company is as provided in section 95(2)(a) of the act.10. in motor owners' insurance co. ltd. v. jadavji keshavji modi 1981 acj 507 (sc), their lordships have interpreted the words 'in one accident' appealing in clause ( ..... rash and negligent driving of the truck by its driver. as such his employer, namely, mohd. rafiq, owner of the said truck, was liable for his negligent act. thus the tribunal committed a serious error in not making liable the owner and driver of the offending truck to pay the said amounts of compensation. this error can ..... for carrying passengers against the provisions of rule 133, rajasthan motor vehicles rules, 1951. he further contended that liability under tort arises out of a wrongful act including an illegal act. he also contended that this court has power to modify the awards making the owner and driver of the offending truck liable to make payment of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-06-1993
Reported in : 1993WLN(UC)6
A.K. Mathur, J.1. Petitioner by this writ petition has prayed that the respondents may be directed that the recommendations made by the Departmental Promotion Committee recommending name of respondent No. 3 for the post of Director, Government Press may be declared to be invalid and the respondents may be forbidden from giving effect to the recommendations of the D.P.C. and the respondents may be directed to appoint the petitioner to the post of Director of the Printing and Stationery, Government of Rajasthan.2. Petitioner obtained a Diploma in printing Technology from Board of Technical Education, Uttar Pradesh. Petitioner came to be appointed for the post of Printing Foreman and was posted at Government Press, Alwar. Thereafter, he was promoted to the post of General-Foreman in the year 1967. Then the post of the Superintendent and of Assistant Superintendents in Government Presses were advertised by the Rajasthan Public Service Commission. Petitioner applied for the aforesaid post a...
Tag this Judgment!Court : Rajasthan
Decided on : May-19-1993
Reported in : 1993WLN(UC)73
..... referred to in this section is taken by the criminal court....7. in view of aforesaid, i am of the opinion that the trial court has committed illegality and has acted with material irregularity in exercise of its jurisdiction in transmitting the original documents to the police agency for carrying on investigation in respect of genuineness of the document in question .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-08-1993
Reported in : 1993WLN(UC)53
Rajesh Balia, J.1. The petitioner is an 'objector' to the execution of a decree for eviction, passed against Dhanraj, since deceased, by learned Munsif & Judl. Magistrate, 1st Class, Deedwana on 16.11.1959 in favour of decree-holder Kishori Lal, which was affirmed by the first-appellate court on 27.7.1960 and Second appeal against that was dismissed by this court on 8.5.1963. Bhanwarlal, the present petitioner who is not a judgment-debtor and who claims to be in possession of the suit property in his own right, and not on behalf of the judgment debtor, is resisting the execution of decree, whenever the same have been sought to be executed. In the first instance, on an application moved by the non-petitioner decree-holder under Order 21 Rule 97, complaining about the obstruction and resistance put-forward by the present petitioner in execution of his decree, the application of the decree-holder was rejected by the executing-court on 27.2.1976. Thereafter, another application was moved f...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-07-1993
Reported in : 1993(1)WLC412; 1993WLN(UC)9
..... , after considering a catena of supreme court decisions, expressed view regarding proposition of law that, in case there a mortgaged property, such tenancy is not protected under the rent control act, after the mortgagor has redeemed the property from mortgagee and that, after such redemption, the relationship of landlord and tenant, between the mortgage and his tenant extinguished, without any new ..... on the death of a deceased tenant is concerned, the matter was left to be governed by the general law as no provision to the contrary was made in the act-thus, the ratio of decision in mst. gauri's case (supra) is that as the defendants were to be sued as representing the estate of the deceased tenant, the same .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-31-1993
Reported in : 1993WLN(UC)76
M.R. Calla, J.1. This petition Under Section 482 Cr.P.C. has been filed against the order passed by the Additional Sessions Judge No. 1, Alwar, Camp Laxmangarh, framing charges against the petitioners for offences Under Sections 147, 323 and 302/149 I.P.C. in Sessions Case No. 77/89. The order dated 18.5.1992 framing charges against the petitioners is reproduced as under:18-5-92,fM'kuy ih- ih- mifLFkr Aeqyfteku cnuflag] ;knjke] fHkDdh] jkenso] izHkqn;ky tekur mifLFkr Aeqyfteku cnuflag] ;knjke] fHkDdh dks /kkjk 302] 147] 149@302 o 323 vkbZ-ih-lh- dk vkjksi fojfpr fd;k tkdj lquk;k x;k ftUgksus vijk/k vLohdkj fd;k vkSj vUoh{kk pkgh A eqfYteku jkenso] izHkqn;ky ij /kkjk 347] 302@149] 323 vkbZ-ih-lh- dk vkjski lquk;k o le>k;k x;k vUoh{kk pkgh AxokgkuA Vw 4 t;sZ tekuoh okjUV 100@& ls ryc gks A i=koyh okLrs lk{; es fnukad 24-7-92 dks is'k gks A2. On 22nd June, 1989, an FIR No. 74/89 was registered at Police Station Kathumar, on the basis of a written report filed by the complainant Ramdayal S...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-04-1993
Reported in : 1994ACJ563
..... , the plea of the counsel for the insurance company will have to be accepted and the insurance company held not liable under the requirements of the motor vehicles act.15. therefore, the claims tribunal was apparently not justified in fastening the entire liability on the insurance company by holding that the passenger's risk is otherwise covered ..... co. 1977 acj 343 (sc). their lordships after alluding to the history of proviso to section 95 (1), which was inserted in 1969, rejected the plea that the 'act policy' covers the risk arising out of injury to the passenger of the insured vehicle, by referring to the proviso (ii) of section 95 (1). their lordships held as ..... ) where the vehicle is a goods vehicle, a limit of one lakh and fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-22-1993
Reported in : 1993CriLJ2036; 1993WLN(UC)204
..... by bansla. after killing his father, mother and brother, he entered into the room and killed his brother's wife and niece, who were also sleeping inside another room. the act of the accused appears to be premeditated and deliberate one. though section 354(3) gives the trial judge a discretion to choose between the capital sentence and life term and .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-23-1993
Reported in : 1993WLN(UC)161
..... not call for any interference.10. i have heard both the learned counsel at length and perused the record.11. according to section 47(1h) of the act of 1939 the corporation has been given preference as against the other operators, if the corporation can operate on the route without detriment to its responsibility for providing ..... bound by its own order.8. as against this, mr. raj narayan munshi, learned counsel for the applicant corporation has submitted that section 477(1h) of the act of 1939 clearly lays down that in case the corporation applies then the corporation should be preferred as against the private operators. it is also submitted that the corporation ..... set aside and consequently grant in favour of the r.s.r.t.c. be set aside.4. the petitioner is a society registered under the rajasthan cooperative societies act, 1965. the petitioner is holding stage carriage permits on the regional and inter-statal routes and is, thus, involved in the trade of transport. ganganagar to ferozpur .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-09-1993
Reported in : 1993CriLJ1616
..... 3 pappi have seen the accused chhindersingh and rajendrasingh, why they have not tried to rescue the deceased from the clutches of the accused chhindersingh, that is, not a normal act of these two witnesses. he further submitted that while badri, another brother of deceased sugani, was sleeping on the cot beside the cot of the deceased at the time of ..... not helping chhindersingh physically in kidnapping her. but that does not create any doubt in the prosecution story that he has not taken any part in kidnapping, though no physical act has been assigned to him but he has accompanied the accused chhinder singh at 3 a.m. in the night 17/18th in the house of the deceased. that shows .....
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