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Rajasthan Court August 1972 Judgments

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Aug 07 1972

State of Rajasthan Vs. Dewan Suraj Prakash

Court: Rajasthan

Decided on: Aug-07-1972

Reported in: 1972()WLN617

ORDER1. These are connected petitions for leave to appeal to the Supreme Court. The valuation of one appeal is above Rs. 20,000/- and that of the other is below Rs. 20,000/-. An application has been filed under Order 45. Rule 4 read with Section 151, Civil P. C.. for consolidation of the two appeals for the purpose of valuation. This application has been opposed on behalf of the respondent. Having heard the learned counsel for the parties we are of the opinion that in the circumstances of the present case consolidation should be allowed under inherent powers of the Court under Section 151. Civil P. C., although Order 45, Rule 4, Civil P. C., does not apply in terms because these two appeals arise out of suit.2. The suit out of which the appeals arise was filed by respondent for the recovery of a sum of Rs. 1,84,281.92 against the State. The respondent is a contractor, who executed some work for the State. He claimed that he was not paid in full for the work executed by him. 19 issues w...


Aug 07 1972

S.R. Bhansali Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Decided on: Aug-07-1972

Reported in: AIR1972Raj296; 1972()WLN503

V.P. Tyagi, J.1. Petitioner S. R. Bhansali, a resident of Rajasthan, has filed this writ petition under Article 226 of the Constitution claiming that as a citizen of India he has a fundamental right to enter into and settle down in Gadra City which formerly was the part of Sind (Pakistan) but after the Pakistan war bf 1971 has become part of India and as such no restraint can be put on him to enter that town. His grievance is that when he tried to enter into Gadra City, the military authorities, who are incharge of the administration of that acquired territory, stopped him at the checkpost located at the outskirts of the said Gadra City. The petitioner has also challenged the competence of the Prime Minister to enter into an agreement with the President of Pakistan for the return o the acquired territory to Pakistan after the alleged Simla agreement was ratified by the Central Government, and it is in this context that the petitioner has prayed that this Court by issuing an appropriate...


Aug 04 1972

State Vs. S.B. Saxena

Court: Rajasthan

Decided on: Aug-04-1972

Reported in: 1972WLN642

L.S. Mehta, J.1. S.B. Saxena, functioned as Income tax Inspector under the Income-tax Officer, C Ward Ajmer, with effect from March 17, 1971. In that capacity he was required to make inquiries into sundry complaints of evasion of tax. A complaint was made by Salig Ram Mittal against one Ram Chand, son of Sunder Das. Chand Baori, Ajmer, about evasion of income tax. Income-tax Officer, C Ward, Ajmer, entrusted the enquiry to accused S.B. Saxena. The accused contacted Ram Chand on April 26, 1971, at his shop situate on Palace Road, Ajmer. Saxena undertook to hush up the complaint provided Ram Chand agreed to pay him Rs 100/, as illegal gratification. Ram Chand expressed that he being indigent was unable to pay Rs. 200/-. He, however, agreed to part with Rs. 100/-. Ram Chand then made a written complaint to T.B. Singh, Inspector, Special Police Establishment, Jaipur, (camp Ajmer). Thereafter on April 30, 1971, a trap was arranged and laid by T.B. Singh, assisted by two Inspectors of the Sp...


Aug 02 1972

Bhanwar Lal Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Aug-02-1972

Reported in: 1972WLN530

P.N. Shinghal, J.1. The petitioner has stated that he was appointed as a Mistry in the Power House and Pumping Sub-division of the Chambal Project at Kota on January 1, 1957. He was transferred to the Chambal workshop from April 1, 1964. He was then taken on the work-charged establishment as a Time Keeper with effect from July 9, 1964. He has stated that he became the President of Chambal Workshop Karamchari Sangh, Kota, and fought for the rights and privileges of the workers, which annoyed his superiors as well as the State Government. A retrenchment notice was served on him on April 26, 1967, but he made a representation and that notice was withdrawn. However another notice (Ex. P/2) of retrenchment was issued on January 16, 1968, on the ground that the work in stage II of the Project was nearing completion and the services of the petitioner were not required with effect from February 20, 1968. The petitioner made representations against that notice also, but to no avail. He has ther...


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