Rajasthan Court May 1986 Judgments
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Hemchand Vs. Karilal
Court: Rajasthan
Decided on: May-09-1986
Reported in: AIR1987Raj117; 1986(2)WLN44
K.S. Lodha, J. 1. This is a misc. appeal by the judgment-debtor against the order of the learned District Judge, Dungarpur dt. 16-12-85, dismissing his objections to the execution of a decree for specific performance of contract.2. I have heard the learned counsel for the parties at some length. 3. The only objection of the learned counsel for the appellant is that since the decree for specific performance of the contract did not provide for delivery of possession of the property the executing court was wrong in holding that in execution of such a decree the executing court can deliver possession to the decree-holder as the relief of possession is implied in a decree for specific performance of the contract. He has divided his arguments in two limbs. The first limb of the argument is that in the suit the plaintiff had specifically prayed for grant of possession but the trial court did not grant the relief of possession and, therefore, under Section 11 C.P.C. such a relief must be deeme...
Smt. Chandra Kala Vs. Smt. Jeewani
Court: Rajasthan
Decided on: May-09-1986
Reported in: 1987(2)WLN415
Surendra Nath Bhargava, J.1. This is plaintiff's second appeal against the judgment and decree passed by Additional Civil Judge, Ajmer, reversing the decree and judgment passed by Munsif and Judicial Magistrate, Nasirabad, dismissing the suit of the plaintiffs.2. The plaintiffs owned a shop which was given on rent to defendant Ramlal Verma (since deceased). The tenancy was terminated by a notice dated December 14, 1970, during the life time of Ram Lal Verma. Ram Lal Verma expired on September 6, 1972, and thereafter the plaintiffs filed the present suit for arrears of rent and eviction against the legal representatives of Ram Lal Verma, his widow and three sons, on the group of default as no rent was paid from December 1, 1969.3. The defendants filed a joint written statement and contested the suit, admitting that the deceased Ram Lal Verma had taken the shop on rent and that they have deposited the rent and that they were not defaulters.4. The learned trial court, after recording the ...
Gulab Singh and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-08-1986
Reported in: 1987CriLJ495; 1986(2)WLN725
ORDERS.S. Byas, J.1. By this application Under Section 482, Cr.P.C, the petitioners challenge the legality of the orders passed by the two Courts below in a proceeding Under Section 145, Cr.P.C, and pray for quashing the same.2. Briefly recalled, the facts giving rise to this application are that the Station House Officer, Police Station, Sheoganj, submitted a report in writing before the Sub Divisional Magistrate (Executive), Sirohi stating therein that a dispute likely to cause breach of peace 'Against order of Addl. Sessions Judge, Sirohi in Cri. Revn. No. 81 of 1983, D/- 30-1-1984. between the revision-petitioners and the opposite party Sama and others (twentythree in all) existed over some agricultural fields situate in Mauja Chuli. A prayer was made therein to initiate a proceeding Under Section 145, Cr.P.C. It was further prayed that the case was one of emergency and as such the fields in dispute may be attached Under Section 146(1), Cr.P.C. The Executive Magistrate thereupon pa...
Munna Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-08-1986
Reported in: 1987CriLJ1399; 1986(2)WLN247
Guman Mal Lodha, J.1. This is one of those cases where I do not feel inclined to interfere even on the question of sentence, although the offence with which the appellant-accused is found guilty is Section 324, IPC, The appellant was sentenced under Section 324, IPC, to one year's R.I.-with a fine of Rs. 200/- in default of payment of fine, 3 months' R. I.2. The circumstances of the case when considered and pondered more and more make the gravity and seriousness of the offence from bad to worse.3. The appellant has been held guilty for causing incised wound by knife on the person . of the injured Babboo. The injuries found on the person of Babboo as per the medical evidence of Dr. M.M. Mishra (PW 1) are as under :1. Incised wound 2 1/2 X 3/4 X 3/4' bone deep on the right cheek maxillary area, doubtful fracture, so X-ray was advised.2. Incised wound 2' X 1/2' X 1/4' on dorsal side right foot on 1st, second and third matacarpal area, oblique doubtful fracture, so X-ray was advised.3. Inc...
Bhoor Singh Vs. District Judge and ors.
Court: Rajasthan
Decided on: May-08-1986
Reported in: 1986WLN(UC)186
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged his order of compulsory retirement Annexure 9 dated 24th July, 1985.2. The petitioner while working as Reader to Munsif and Judicial Magistrate, Bilara was compulsorily retired. He had put in 28 years of service. A Screening Committee was constituted by the District Judge, Jodhpur to screen persons who have completed 25 years of service and out lived their utility to be retired in public interest. The Committee considered the petitioner's case along with some other employees and recommended the petitioner under Rule 244(2) of the Rajasthan Service Rules to retire. Thus the petitioner was retired by the District Judge, Jodhpur under Rule 244(2) of the Rajasthan Service Rules. Aggrieved against this order the petitioner preferred an appeal which came to be heard by appellate authority. The appellate authority after hearing the petitioner and perusing the record came to the conclusion that the petitioner has been...
Rama Kishan Goyal Vs. Project Officer-cum-secretary, Nagaur Sahkari Bh ...
Court: Rajasthan
Decided on: May-08-1986
Reported in: 1986WLN(UC)174
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order of termination dated 31st October, 1984 (Annexure-6) and he has prayed that the respondent may be directed to absorb the petitioner on a post equivalent to the post of Junior Accountant.2. The petitioner was given appointment on the post of Junior Accountant in the pay scale of 460-770 in the Antyodaya Scheme in the Cooperative Department of Government of Rajasthan. Thereafter he was posted in the respondent Bank, namely, Nagaur Cooperative Land Development Bank Limited, Nagaur by the order dated 6th March, 1980. By Notification dated 3rd July, 1984 the Government of Rajasthan in Cooperative Department notified that on reconsideration a new staffing pattern has been brought into existence and that in the new staffing pattern no provision has been made for the post of Junior Accountant in the Land Development Banks. It was further stated in the said Notification that after 15th July, 1984 the Governme...
Bhanwar Lal and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-08-1986
Reported in: 1986WLN(UC)121
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order of the Authority under the Shops and Commercial Establishment Act, Udaipur dated 31st December, 1977 (Annexure-7).2. On 26th December, 1975 the. non-petitioner No. 3 Tulsi Ram filed an application Under Section 28(A) of the Rajasthan Shops and Commercial Establishment Act, 1958 (here in after referred to as the Act of 1958). The application was registered and notice was given to the management. The petitioner and the management appeared before the Authority and raised various objecions. One of them was with regard to limitation. The Authority framed 7 issues and issue No. 5 related to limitation, which reads as under:Whether the application filed by the applicant can be condoned.The authority after hearing both the sides ordered that the question of limitation shall be decided first. Aggrieved against this the petitioner has filed the present writ petition challenging the interlocutory order dated 31...
Shanker Lal and anr. Vs. Rajasthan Co-operative Dairy Federation Limit ...
Court: Rajasthan
Decided on: May-08-1986
Reported in: 1986WLN(UC)188
Ashok Kumar Mathur, J.1. Both these writ petitions involve similar question of law therefore they are disposed of by one common order.2. The petitioners were appointed on the post of Laboratory Assistant in the respondent Rajasthan Cooperative Dairy Fedaration in the scale of Rs. 490-840. The details of the duties of the post of Laboratory Assistant are given by the petitioner in his writ petition. On 20th August, 1982 it was directed that the regular testing of milk and milk products is not being carried out in accordance with the instructions given in the Instructions Book dated 4th August, 1982 due to lack of understanding among the Lab. Assistant APO. therefore, further instructions were given to all the shift, Lab. Assistants and they were directed to carry out the testing work as per the schedule in view of new instructions failing which action will be taken. The grievance of the petitioners is that they are being asked to discharge the duties of higher post and are being paid th...
Bhagwan Singh Vs. Hindustan Zinc Limited and anr.
Court: Rajasthan
Decided on: May-08-1986
Reported in: 1986WLN(UC)198
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order dated 3rd/5th January, 1979 (Anx. 2) and has sought a direction that it may be declared that the petitioner is in continuous service of the respondent No. 1 and the arrears of salary may be paid to him. In the alternative it has further been prayed that the order dated 17th March, 1982 may be quashed whereby the Central Government has refused to make a reference.2. The petitioner was an employee of M/s Hindustan Zinc Ltd. The petitioner could not join his duties on account of illness, therefore his services were terminated on account of unathorised absence by the employer. The matter was referred to the Concialiation Officer and the Conciliation Officer gave a failure report vide Annexure 3. The petitioner raised an industrial dispute and the respondant No. 2 refused to refer the matter to the Industrial Tribunal for its adjudication vide Annexure 1 dated 17th March, 1982. Thus, in this back ground t...
Commissioner of Income-tax Vs. Ruby Trading Co. (P.) Ltd.
Court: Rajasthan
Decided on: May-07-1986
Reported in: [1988]172ITR21(Raj)
I.S. Israni, J.1. This is an income-tax reference application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), arising out of Income-tax Appeal No. 291 (JP) of 1981 decided on June 18, 1982, in which the petitioner moved a reference application before the Tribunal under Section 256(1) of the Act which was, however, rejected, vide order dated May 30, 1983.2. The assessee-company was holding 4,945 shares of Colaba Land & Mills Co. Ltd. The said company went into liquidation and the assessee-company received back 100 per cent, of its investments in shares up to the assessment year 1978-79. In the accounting period relevant to the assessment year 1979-80, the official liquidator paid first return of surplus at the rate of Rs. 40 per share, i.e., Rs. 1,98,000, to the assessee-company. On March 9, 1978, the assessee-company invested this amount in purchase of 17,150, units from the Unit Trust of India, Bombay. The surplus of Rs. 1,98,000 received by th...
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