Skip to content


Latest Cases Home > Latest Court: rajasthan jodhpur Page 6 of about 2,877 results (0.134 seconds)

Feb 06 2015 (HC)

National Insurance Company Ltd. Vs. Batul and Others

Court : Rajasthan Jodhpur

This appeal is preferred by the appellant-National Insurance Company against the judgment and award dated 22/03/2007 passed by the Motor Accident Claims Tribunal, Alwar in claim case No. 157/2006 whereby the Motor Accidents Claim Tribunal partly allowed claim petition and passed an award of Rs.2,77,800/-. 2. The background facts of the case in brief are that on 28/02/2006 at about 8 o clock, the deceased, Mahesh, was driving a Tampo bearing No. RJ-02-P-1859 from Sahapura to Alwar and suddenly a Tractor bearing No. RJ-25-R-686, which was being rashly and negligently driven by the Tractor driver, hit the Tempo. As a result of which, the deceased sustained multiple injuries and died on the spot. 3. The appellant-insurance company, in its reply, raised an objection that the deceased was not having a valid and effective driving license therefore, in such a situation insurance company is not liable with regard to this objection, the learned Tribunal framed the following issue:- 4. The sole c...

Tag this Judgment!

Feb 05 2015 (HC)

Choksi Heraeus Ltd. Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

1. BY way of the instant Writ Petition, the Petitioner-Institution seeks to assail the legality and validity of the Award dated 18.8.2000 (Ex.8) passed by the Labour Court cum Industrial Tribunal, Udaipur in Labour Case NO.18/1994, whereby the reference made to the Tribunal at the instance of the Respondent-Workman was accepted in part and while refusing reinstatement in service the Respondent was held entitled to Compensation of Rs.70,000/-. 2. The Respondent-Workman was employed as a Labour in the Petitioner-Institution. He was removed from service on 20.4.1992 on which he submitted an Application to the Labour Commissioner cum Conciliation Officer on 22.6.1992 alleging that he had been forced to resign from the Petitioner-Institution. The matter was referred to the Labour Court, Udaipur with a question of reference as to whether the removal of the Respondent Workman from service by the Petition Institution on 20.4.1992 was legal or not and the relief to which the Workman was entitle...

Tag this Judgment!

Feb 02 2015 (HC)

Megaram @ Mekaram Vs. State of Rajasthan

Court : Rajasthan Jodhpur

By the Court (G.K. Vyas, J.) The instant cr. appeal has been filed by the accused appellant Mega Ram @ Meka Ram under Section 374(2) Cr.P.C. against the judgment dated 10.10.2006 passed by the Addl. Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.90/2006 whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed sentence for life imprisonment with fine of Rs.5,000/- and in default of payment of fine to further undergo 2 years SI. As per the facts of the case an FIR No.87/2006 was registered at Police Station, Osiyan, District Jodhpur upon complaint made by PW-2 Barsinga Ram on 25.6.2006 in which the complainant gave written report Ex.P/14 at Police Station Dechu that today at about 2.30 p.m. his nephew Ghewar Ram S/o Naringa Ram, resident of Haniya Wala was going to his house from village Khindakaur and when he reached in front of house of the accused-appellant, the accused-appellant came out from the house with knife and ...

Tag this Judgment!

Jan 30 2015 (HC)

National Ins. Company Ltd. Vs. Pushpa Devi and Others

Court : Rajasthan Jodhpur

This appeal has been filed against the judgment and award passed by learned Judge, MACT. 2. Brief facts of the case are that on 21-6-1998 deceased Bhagwan Sahai was going along-with his companion on motor cycle to his village Surana. No sooner did he go ahead Chandwaji Petrol Pump, the respondent No. 1 had laid his truck on the road, in which neither red light was on nor indicators were put on the road, suddenly two-three vehicles came with flood light, as a result of which Bhagwan Sahai could not see the laying truck, due to which he collided with the truck and died and his companion died in the hospital. 3. Thereafter claim petition was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dated 8-11-2006, awarding Rs. 2,44,000/- as compensation in favour of claimants. 4. Being aggrieved by the aforesaid judgement and award, the instant appeal has been filed by the Insurance Co. 5. Learned counsel fo...

Tag this Judgment!

Jan 30 2015 (HC)

Vikram Vs. State of Rajasthan and Another

Court : Rajasthan Jodhpur

By this criminal misc petition, a prayer is made for quashing of FIR No.99/2004 registered with Police Station Patan, Sikar for offence under sections 420, 467, 468, 471 and 120B IPC. Learned counsel for petitioner submits that allegations in the FIR are for creation of fraudulent will and its registration to get the land of the deceased. The will was subject matter of suit filed by the petitioner and has been decreed. Therein, will is held to be genuine. In view of the finding of the civil court, impugned FIR deserves to be quashed. It is in the light of the judgment of the Hon'ble Supreme Court in the case of Sardool Singh and anr versus Smt Nasib Kaur , 1987(Supp) SCC 146. Therein, while validity of will was sub judice in a suit, criminal case for the same allegation was not allowed to proceed. In the instant case, petition stands on better footing because not only the civil case was instituted but it has already been decreed in favour of the petitioner. Learned counsel has further ...

Tag this Judgment!

Jan 16 2015 (HC)

Commissioner of Income Tax-II, Jodhpur Vs. Krishi Upaj Mandi Samiti

Court : Rajasthan Jodhpur

Govind Mathur, J. 1. For the assessment year 2004-05 the Assessing Officer disallowed assessee's claim for depreciation of Rs.26,20,926/-. The Commissioner of Income Tax (Appeals) affirmed the order of assessment but the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur by its order dated 18.7.2008, while accepting the appeal preferred by the assessee, directed the Income Tax Department to allow the claim of depreciation made by the assessee, hence, this appeal by revenue is before us with a substantial question of law in the terms that "whether the Tribunal was justified in allowing depreciation claimed by the assessee on capital assets for which capital expenditure has already been allowed in the year under consideration?" 2. The argument advanced by learned counsel that the depreciation could have not been taken into account because full capital expenditure has been allowed in the year of acquisition of the assets. The argument advanced is substantiated by placing reliance upon ...

Tag this Judgment!

Jan 15 2015 (HC)

Dulari Devi and Others Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

Sunil Ambwani, ACJ. 1. We have heard Ms. Indira Jai Singh, Senior Advocate, assisted by Mr. Aditya Shrivastava, Ms. Bindu N. Doddahat and Mr. Satish Kumar for the petitioners in DBCWP No.375/2015-Dulari Devi and Ors. v. State of Rajasthan and Ors. and DBCWP No.376/2015- Norati and Anr. v. State of Rajasthan and Ors.; Mr. Rajendra Soni in DBCWP No.1/2015, Mr. Pradeep Kalwania in DBCWP No.209/2015; Shri S.S. Hora in DBCWP Nos.503/2015 and 504/2015; Mr. Vijay Choudhary in DBCWP No.251/2015, Mr. Hanuman Choudhary in DBCWP No.250/2015, Mr. Manoj Bhardwaj in DBCWP Nos.121/2015 and 122/2015, and Mr. Bharat Yadav for the petitioners. Mr. Narpal Mal Lodha, learned Advocate General, assisted by Mr. Vishal Soni, Mr. Sheetanshu Sharma, Mr. Rajendra Prasad, Additional Advocate General, Mr. Anurag Sharma, Additional Advocate General and Mr. R.B. Mathur, appear for the State of Rajasthan and other respondents. 2. By these writ petitions, the petitioners have prayed for an appropriate writ, order or d...

Tag this Judgment!

Jan 12 2015 (HC)

Om Prakash Vadvani Vs. Devendra Kumar

Court : Rajasthan Jodhpur

By the Court: 1. The defendant tenant has filed the present second appeal being aggrieved by the concurrent eviction decree passed under the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short the`Act of 1950') against him in respect of a suit shop situated at New Bapu Bazar, Udaipur. The eviction suit No.33/98 Devendra Kumar vs. Om Prakash was decreed by the learned trial court of Civil Judge (Jr. Div.) North, Udaipur on 18/5/2013 on the ground of default in payment of rent by the tenant for the period January, 1994 to November, 1997 @ Rs.500/- per month. The appellate court upheld the said eviction decree on the said ground established by the landlord and dismissed the tenant's appeal No.2/2013 Om Prakash vs. Devendra Kumar on 12/11/2014. 2. Learned counsel Mr. R.K.Thanvi, Sr. Advocate assisted by Mr. Narendra Thanvi appearing for the appellant-tenant submitted that on 16/1/2001 the learned trial court determined the provisional rent for the perio...

Tag this Judgment!

Jan 07 2015 (HC)

Sanatan Dharam Girls Secondary School Vs. Labour Court, Bikaner and An ...

Court : Rajasthan Jodhpur

The instant writ petition is directed against the judgment cum award dated 21.9.1994 passed by the Labour Court, Bikaner in Case No. 40/1990 whereby the reference made by the State Government under Section 10(1)(G) of the Industrial Disputes Act, 1947 was disposed of directing that the dismissal of the respondent workman Mahendra Yadav from service of petitioner school shall be effective from 21.9.1994. Succinctly stated the facts are that the respondent no. 2 workman was engaged as watchman in the petitioner school in the year 1977. It appears that there were complaints regarding the performance of the duties and conduct of the employee on which he was dismissed from service w.e.f. 20.3.1986 after holding a domestic enquiry wherein it was found that the workman was guilty of misconduct. The respondent workman raised an industrial dispute. The State Government referred the dispute to the Labour Court, Bikaner under Section 10(1)(G) of the I.D.Act. The Labour Court by its order dated 28...

Tag this Judgment!

Jan 06 2015 (HC)

Radha Mohan Vs. Girdhari Singh

Court : Rajasthan Jodhpur

Nisha Gupta, J. 1. This second appeal under Section 100 CPC has been filed against the judgment and decree dated dated 23.11.93 passed by Additional District Judge, Hindauncity in Appeal No. 109/1992 by which he partly accepted the appeal filed against the judgment and decree dated 20.2.92 passed by Munsiff and Judicial Magistrate, I Class, Hindauncity in Civil Suit No. 35/1986. 2. The short facts giving rise to this appeal are that plaintiff -respondent filed a suit for redemption of mortgage with the contention that suit property was mortgaged with the defendant- appellant for a sum of L 2,500/- on 1.4.78 and on the same day, suit premises were let out to the plaintiffs on L 75/- per month. In spite of notice property has not been redeemed, hence suit has been filed for redemption which was decreed by the court below subject to payment of L 12,100/-. Appeal has been filed in which the decree has been modified to the extent that the appellant is only entitled for L 6,400/- as rate of ...

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //