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Rajasthan Court November 1982 Judgments

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Nov 04 1982

Jodhpur Sahakari Upbhokta Wholesale Bhandar Vs. Badri Nath Kalla

Court: Rajasthan

Decided on: Nov-04-1982

Reported in: 1982WLN(UC)253

1. This special appeal is directed against the interim order dated 12th May, 1982 passed by the learned Single Judge in S.B. Civil writ petition No. 119/81. The writ petition aforesaid had been filed by respondent No. 1 and the learned single Judge by his order dated 12th May, 1982 has stayed the operation of the order (Annexure 7 to the writ petition) dated June 4, 1981 and has further directed the appellant to pay the last salary drawn by respondent No. 1 till the disposal of the writ petition. In the order aforesaid, it has also been directed that it would be open to the appellant to take work or not to take work from respondent no. 1 and that if the appellant does not propose to take wrok from him, it is entirely on his choice but it must pay him the last salary drawn.2. We have heard Shri B.C. Mehta, the learned Counsel for the appellant and Shri M. Mridul, the learned Counsel for respondent no. 1.3. It has been laid dowu by this Court in a number of cases that special appeal Unde...


Nov 03 1982

Gauri Shankar and Etc. Etc. Vs. Kapoor Chand and ors.

Court: Rajasthan

Decided on: Nov-03-1982

Reported in: AIR1983Raj77

ORDERK.S. Sidhu, J.1. The only point which falls for determination in the four connectedpetitions for revision under Section 115 C.P.C. listed above, is whether a tenant induct-ed into possession by a usufructuary mortgagee retains his status as a tenant even after the redemption of mortgage by the mortgagor and is as such, entitled to the protection of the Rajasthan Premises (Control of Rent and Eviction Act, 1950. It has arisen in the following circumstances.2. Kapoor Chand and others (respondents 1 to 10 herein), the mortgagors, hereinafter collectively called the decree-holder, obtained a final decree in a suit for redemption against Ghisilal and others (respondents 11 to 13 herein), hereinafter called the mortgagees, in respect of a building, situate in Jaipur city, on March 6, 1982. Between 1959 and 1973, when the mortgage was still continuing, the mortgagees inducted into possession from time to time Ram-chandra (petitioner in C.R. No. 307 o 1982), Janwar Mal (petitioner in C. R...


Nov 03 1982

Kumari Pushpa Vs. Smt Santosh

Court: Rajasthan

Decided on: Nov-03-1982

Reported in: 1982WLN(UC)271

M.C. Jain, J.1. Heard learned Counsel the parties.2. The petitioner is aggrieved against the direction given by the learned District judge for the appearancet in the court on 17. 9. 82 for reconcilliation. The allegation against the petitioner is that the non-potitioner No. 2 Ram Niwas is living in adultry with the petitioner. The petitioner's stand is that it is not necessary for her to appear in court for reconciliation. It may on stated the though the court has directed the petitioner to appear, but it is ther sweet-will to appear or not to appear. If the petitioner chooses not to appear before the court, the petitioner cannot be compelled to appear. The reconciliation proceedings can be drawn between the parties to the marriage, that is Smt. Santosh and Shri Ram Niwas.3. With the above observations, this revision petition is dismissed summarily....


Nov 03 1982

Madanlal Vs. the State of Rajasthan and ors.

Court: Rajasthan

Decided on: Nov-03-1982

Reported in: 1982WLN(UC)276

S.C. Agrawal, J.1. Madan lal petitioner, in this writ petition filed under Article 226 of the Constitution of India, joined service of the Government of Rajasthan in the Education Department as Teacher Grade III on August 24, 1960. At the time of his recruitment in the service, the petitioner was holding the qualification of Intermediate (Commerce). While in the scrivce, the petitioner completed graduation in Commerce in 1972 and also obtained B. Ed. degree in Commerce and in 1978, he passed the M. Com. (Business Administration) exmination. The posts of teachers form part of the Rajasthan Subordinate Educational Service and recruitment to the conditions of service of persons appointed to the Rajasthan Educational Subordinate Service are governed by the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as 'the Rules'). Under Schedule II of Rules the various posts of teachers have been classified in to various categories vis., Craft Teachers, Music Teachers, ...


Nov 03 1982

Vimlesh Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Nov-03-1982

Reported in: 1982WLN(UC)280

S.C. Agrawal, J.1. In this petition, filed under Article 226 of the Constitution of India, petitioner has challenged the validity of the order dated March 8, 1982, passed by the Chairman, Rajasthan State Social Welfare Advisory Board, Respondent No. 3, whereby the petitioner has been transferred from the post of Mukhya Sewika (Chief Welfare Organiser) at Samaj Kalyan Yojana, Balotra, to the said post at Samaj Kalyan Yojana, Raisinghnagar.2. After obtaining M.A. degree in Sanskrit from Sagar University in the year 1970, the petitioner joined as Chief Welfare Organiser in the Samaj Kalyan Pariwar and Bal kalyan Yojana at, Sikar in District Jaipur in the year 1976. The petitioner was sent for training to Baroda and after completing the said training, she was posted as Chief Welfare Organiser in Samaj Kalyan Pariyojan Samiti in the year 1978. While she was working on the said post the impugned order dated March 8, 1982 was passed whereby the petitioner was transferred from Samaj Kalyan Yaj...


Nov 03 1982

Jai Ram Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Nov-03-1982

Reported in: 1982WLN(UC)451

Kalyan Dutta Sharma, C.J.1. This is a jai lappeal preferred by Jai Ram against the judgment of the learned Sessions Judge, Jodhpur, dated October 3, 1977, by which the appellant was convicted under Section 30 read with Section 34 Sections 307 and 460, IPC and Section 27 of the Arms Act and sentenced to undergo imprisonment for life on the first count for each murder and on the second count to suffer rigorous imprisonment for ten years, on the third to undergo rigorous imprisonment for ten years and on the fourth count to suffer rigorous imprisonment for one year.2. The incident that led to the prosecution of Jai Ram, appellant, may be, briefly, stated as follows: On the intervening night of 17th and 18th June, 1976, Prabhu Ram was sleeping in the verandah of his house along with his wife. The door of the gate of the verandah was closed but an aporture or a window therein was open and there was a light of a lantern in it. At about mid-night Prabhu Ram's wife Mst. Barju woke-up on hearin...


Nov 02 1982

Shreeji Industries Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Nov-02-1982

Reported in: 1982WLN(UC)489

S.C. Agrawal, J.1. The petitioner in this writ petition filed under Article 226 of the Constitution of India, carries on business of manufacturing polyethelene bags. By public notice published in the Rajasthan Patrika, Jodhpur Edition, dated August 7, 1981, the State Government invited tenders for supply of polyethelene bags. In the tender the various requirements with regard to the physical and strength properties of the films used in the products were prescribed. In response to the said notice, the petitioner submitted his tender on 14th September, 1981. The petitioner also submitted a test report of his products obtained from M/s. I.P.C.L., Baroda. The tender of the petitioner for supply of goods was accepted and the petitioner executed an agreement and submitted the same before the State Government Thereafter, a Circular (Annexure P/3) No. 16/82 dated 16th March, 1981 was issued by the Store Purchase Officer, Central Store Purchase Organisation, Finance Department of the Government...


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