Court : Rajasthan
Decided on : Apr-11-1989
Reported in : (1993)IIILLJ361Raj; 1989(2)WLN682
..... to retrenchment of workmen. section 25f applies to any industry whereas section 25n applies only to the specified industrial establishments mentioned in sections 25k and 25l of the act. one thing is, however, common in them and that is that they apply only when the termination of the service of the workmen amounts to retrenchment. ..... but is of clear closure. the furniture making centre was closed on account of the heavy losses in that unit. the provisions of section 25n of the act are not applicable because only 31 persons are employed in the furniture making centre. compensation payable to each individual workmen of furniture making centre in accordance with ..... workmen employed in the furniture making centre. this retrenchment is not valid because the provisions of section 25f and section 25n of the industrial disputes act, 1947 (for brevity 'the act') have not been complied with. the closure is also bad because the provisions of section 25fff have not been complied with. no compensation of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-10-1989
Reported in : 1991ACJ1129
..... he or his insurance company cannot be absolved of their responsibility unless jaymalsingh discharges his statutory obligations under sections 29, 31 read with section 94 of the motor vehicles act. i, therefore, feel that the learned tribunal was (sic. not) correct in holding that jaymalsingh and the new india assurance co. ltd., jodhpur are not ..... the insurance company has failed to show how completed sale has taken place. in this connection reference may be made to section 96 of the motor vehicles act which clearly lays down that insurance company could only absolve on certain legal defences as mentioned in section 96. but in the present case, the insurance company ..... the third person, the only defences available to the insurance company in such claims are those which are provided by section 96(2) of the motor vehicles act. it is a different matter that the insurance company on account of certain terms or exclusion clauses included in the insurance policy can claim reimbursement from the .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-23-1989
Reported in : 1990CriLJ1754; 1989(2)WLN296
ORDERM.C. Jain, J.1. These revisions are directed against the order dated 6-9-82 passed by the learned Judicial Magistrate, first class, No. 2 Bikaner whereby cognizance was taken against the present petitioners of the various offences and also against Uttam Chand and Hanuman for the offences Under Sections 147, 336, 323 and 325, I.P.C. and charges were ordered to be framed against the accused petitioners Vishnu, Padamchand and Sohanlal for the aforesaid offences except offence Under Section 427 for which they were already charged.2. Charge-sheet was presented against all the accused persons for the aforesaid offences after hearing arguments before charge. The petitioners Vijaya Bai and Jia Bai were discharged by the learned Magistrate on 3-10-80. The other accused petitioners in another revision were also discharged of the offences Under Sections 147, 325, 336 and 323, I.P.C. and the three accused persons namely Sohanlal, Padamchand and Vishnu were charged for the offence Under Sectio...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-1989
Reported in : II(1989)ACC450; 1990ACJ612
Jasraj Chopra, J. 1. This appeal is directed against the judgment of the learned Judge, Motor Accidents Claims Tribunal, Jodhpur dated 22.4.1985 whereby the learned Tribunal has awarded compensation of Rs. 12,000/- to the injured-appellant and has allowed 10 per cent interest from 2.2.1983 on this amount to the date of recovery.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 7.8.1982, the claimant-appellant Kalyan Chand was going on his scooter No. RNB 5984 from High Court premises towards State Bank, Kutchery Branch, Jodhpur. A three-wheeler bearing No. RRN 4175, which was driven by non-applicant No. 1 Amritlal, who also happens to be the owner of this vehicle, came from behind and struck against the scooter. The claimant-appellant fell down and received certain injuries. He became unconscious. He was shifted to the hospital by Mr. N.M. Lodha, Advocate. He regained consciousness on the way and he had to remain in the hospital for 3 days...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-08-1989
Reported in : 1990(1)WLN205
..... not do the work he could not be offered employment again. it would follow that such a person cannot be said to have been retrenched within the meaning of the act as amended by the ordinance.11. in faitch and plywood mazdoor sangh v. star wood works, chairman (1984 lab. ic 1975), learned single judge observed:contract srevice requires ..... had really come to an end itself. that this is the idea involved in the definition of the word 'retrenchment' is also supported by s. 25g of the act which provides that where any workmen are retrenched; and the employer proposes to take in this employ any person, he shall give an opportunity to the retrenched workmen to ..... that the termination of the service of workman on account of continued ill-health does not amount to retrenchment as per definition given in sec. 8(oo) of the act. the petitioners' services were terminated on account of their continued ill-health as they had developed defective eye-sight.5. we have head the learned counsel for the parties .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-03-1989
Reported in : II(1989)ACC391; 1990ACJ84
A.K. Mathur, J.1. This appeal is directed against the judgment and award dated 5.12.1984 passed by the Motor Accidents Claims Tribunal, Jodhpur.2. The brief facts giving rise to this appeal are that an accident took place on 17.7.1980 between a scooter RSQ 4062 and truck bearing No. RSN 3690 near Isaiyon Ka Kabristan. As a result of this accident deceased Akhtar Hussain died. Therefore, a claim petition was filed by father, mother, wife and two minor children of the deceased. The claim was contested by the non-claimants. It is alleged that the truck belonged to Sawal Dan son of Vijay Dan and it was driven by one Kalu Khan, driver. The vehicle was insured with United India Fire & General Insurance Co. Ltd. (hereinafter referred to as 'the insurance company').3. In support of the claim, the claimants examined two witnesses, namely, PW1, Fazal Hussain, father of the deceased and PW 2, Mahendra Giri. PW 1, Fazal Hussain, father of the deceased has deposed that the deceased Akhtar Hussain w...
Tag this Judgment!Court : Rajasthan
Decided on : Mar-01-1989
Reported in : II(1989)ACC328; 1990ACJ89
..... given lift to rawat singh and rawat singh had received injuries. therefore, manohar lal being the owner of the vehicle cannot be absolved of his liability for the unauthorised act done by his servant banshi lal.10. the next question which arises for my consideration is as to whether the injured claimant had paid rs. 2/- for hire ..... v. ranjit ginning and pressing co. 1977 acj 343 (sc), wherein it has been laid down that the owner of the vehicle is also responsible for the unauthorised act of his servant, it has been observed as under:vicarious liability-master and servant- implied authority of servant-course of employment and master's business-car driven by the ..... 000/- to the injured rawat singh against the driver and absolved the insurance company of its liability as it found that the owner was not responsible for the unauthorised act of the driver of taking rawat singh as a passenger for hire and reward. since the owner was not found responsible, therefore, the insurance company was not held .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1989
Reported in : 1990(1)WLN406
..... alias amru to commit the murder of shivlal. section 34, ipc has no applicability against the appellant. killing of shivlal by amarjeet singh alias amru was his individual act. the murder was not committed in furtherance of the common intention of the appellants.14. the conviction of the appellants under sections 326, 324 and 323/34 ipc ..... complaint party who started digging the appellant's field. in these circumstances, the killing of shivlal by amarjeet singh alias amru should be taken to be his individual act. the appellants cannot be imputed with the sharing of the common intention for killing shivlal reliance in support of the contention was placed on a member of decisions of ..... participated in that common intention. the dominant feature of section 34 ipc is the element of participation in action. this participation need not be by any physical act. the participation will include even the verbal instigation or incitement given by one to the other. how ever, the common intention implies .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1989
Reported in : 1990(1)WLN489
..... and the members of his family when they visited the field in dispute. in these circumstances, only knowledge can be attributed to the appellant dhanna lal that be did an act which is likely to cause death but without any intention to cause death or to cause such bodily injury as is likely to cause death. in that event, the offence .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-30-1989
Reported in : 1991CriLJ125; 1990(1)WLN201
..... to come to the conclusion and there must be specific allegations and material that the investigation is not proceeding on proper lines and that the investigating officer is acting in a partisan manner, ignoring the important facts and evidence and only then the court should order the transfer of investigation from the local police to the ..... cbi, or the court will have to peruse the case diary and other material in order to see whether the investigating agency is proceeding impartially and is not acting in a partisan manner. the supreme court had the occasion to examine the question in the aforesaid case of sampatlal (supra) and said that unless there is ..... of the court so far as transfer of investigation from local police to cbi is concerned. under section 2 of the delhi special police establishment act, 1946, (for short, the act) the central government may constitute a special police force to be called the delhi special police establishment for the investigation in any union territory of .....
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