Rajasthan Court June 1986 Judgments
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Ravindra Nath Vs. State of Rajasthan and 3 ors.
Court: Rajasthan
Decided on: Jun-30-1986
Reported in: 1986(2)WLN482
Suresh Chandra Agrawal, J.1. In this writ petition, the petitioner, Ravindra Nath, has assailed the order (Ex. 46) dated 16th March, 1984 passed by the Governor of Rajasthan where by the petitioner has been dismissed from service by way of punishment for misconduct.2. The petitioner was a member of the Rajasthan Higher Judicial Service (RFDS). During the period from October, 1980 to February, 1981 he was posted as District & Sessions Judge, Merta. A complaint was made by one Jorawarmal against the petitioner and on the said complaint a preliminary inquiry was conducted by M.C. Jain, J. After the said preliminary inquiry it was decided to initiate disciplinary proceedings against the petitioner and the petitioner was suspended by order (Ex 2) dated 2nd December, 1981. The Chief Justice nominated Dr. K.S. Sidhu J. as the disciplinary authority to hold the inquiry and the disciplinary authority issued a memorandum (Ex. 3) dated 29th January, 1982 to the petitioner whereby the petitioner w...
Rajasthan Spinning and Weaving Mills Ltd. Vs. Commercial Taxes Officer ...
Court: Rajasthan
Decided on: Jun-26-1986
Reported in: [1987]64STC146(Raj); 1986WLN(UC)347
ORDERA.K. Mathur, J.1. In all these writ petitions a common question of law is involved, therefore they are disposed of by a common order.2. For the convenience of disposal of these writ petitions, facts of S.B. Civil Writ Petition No. 402 of 1985 : Rajasthan Spinning and Weaving Mills Ltd. (Unit Bhilwara) v. Commercial Taxes Officer, Special Circle, Udaipur and Anr. are taken into consideration.3. The petitioner-company by this writ petition has challenged that definition of 'sale' as contained in Section 2(o) of the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as the Act of 1954), may be declared as ultra vires and invalid. It has also prayed that Section 3(2)(a) of the Rajasthan Sales Tax (Amendment) Act, 1960 may also be declared ultra vires and may be struck down, being violative of Articles 19(1)(g), 301 and 304 of the Constitution.4. The petitioner, M/s. Rajasthan Spinning and Weaving Mills Ltd., is a public limited company and owns two textile units, (i) one at Gulabp...
Moti Khan Vs. Board of Revenue for Rajasthan and ors.
Court: Rajasthan
Decided on: Jun-26-1986
Reported in: 1986WLN(UC)331
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order dated 4th November, 1985 (Annexure-5) of the Board of Revenue for Rajasthan at Ajmer.2. A suit was filed by the petitioner with the allegation that the land bearing Khasra No. 120 measuring 27.3 bighas in village Pandukhan was his khudkast land and after the resumption of the Jagir he became the khatedar tenant. It is alleged that the petitioner mortgaged this land in favour of the respondents Nos. 2 to 5 in Samwat 2010 and the respondents entered into the possession of this land as a mortgager. It was stated that the amount of mortgaged money stood discharged upto Samwat 2015 and since then the respondents are trespassers. On this premise the petitioner sought ejectment of the respondents and claimed damages. The respondents denied the allegations and they asserted that they are khatedar tenant. The Sub-Divisional Officer decreed the suit of the petitioner by the judgment dated 10th November, 1975. ...
Mahendra Kumar Khatri Vs. Judge, Labour Court and anr.
Court: Rajasthan
Decided on: Jun-16-1986
Reported in: [1987(54)FLR97]; (1993)IIILLJ491Raj
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that by an appropriate writ, order or direction the order dated 3rd December, 1985 Ext, 1 may be quashed and D.K. Parihar, Advocate, may be restrained from putting appearance before the Labour Court.2. The petitioner was working as a Mistri under the respondent No. 2 and he was paid the salary of work charge Gangman. The respondent No. 2 terminated the services of the Petitioner without any notice and non-compliance with the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The Government of Rajasthan made a reference to the Labour Court and appointed Shri D.K. Parihar as Advocate to represent the respondent No. 2 before the Labour Court. The petitioner raised an objection under Section 36 of the Act on the first date of appearance that Shri D.K. Parihar cannot appear without the consent of the opposite party. Thereafter vide order dated 3rd December, 1985 the Labour Cou...
Vijay Singh Sankhla Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jun-16-1986
Reported in: 1986WLN(UC)129
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order of transfer (Anx. 10) on the ground that Section 28 and Section 86(9)(a) and (b) of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (here in after referred to as the Act of 1959) have not been complied with.2. The petitioner was appointed as Upper Division Clerk in the office of the Pauchayat Samiti, Sirohi on 24th February, 1971. Thereafter the petitioner was transferred from Sirohi to Shivganj vide order dated 4th January, 1983. Then again on 7th January, 1983 the order dated 4th January, 1983 was amended and the petitioner was transferred from Sirohi to Pindwara. Thereafter on 11th January, 1983 the Vikas Adhikari Panchayat Samiti, Pindwara posted the petitioner at Panchayat Samiti Pindwara. The Pradhan Panchayat Samiti, Sirohi vide communication dated 13th January, 1983 addressed to Shri N.N. Chaturvedi, Secretary, District Establishment Committee requested that the order of transfer...
Mangi Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jun-16-1986
Reported in: 1986WLN(UC)337
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has prayed that the respondent No. 2 may kindly be directed to send the service record duly completed of the petitioner to the concerned authorities and the respondent No. 1 and 2 i.e. State of Rajasthan, and the Executive Engineer Drilling Div-II, Public Health Engineering Department, Jaipur may kindly be directed to treat the petitioner as a regular employee on the post of Helper with effect from 17th August, 1982 and pay him all consequential benefits of service.2. The petitioner was appointed as 'Chowkidar' by the Executive Engineer vide order dated 21st April, 1981 with effect from 3rd March, 1981 to 31st May, 1981 in the pay scale of Rs. 240/-p.m. plus usual allowances. Before this appointment the petitioner was an Ex-military personel from B.S.F. During the Indo Pak War the petitioner was seriously injured and as a result of which he became handicapped person. He further submits that he was appointed on the post of He...
Rajesh Ahuja and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jun-16-1986
Reported in: 1986WLN(UC)338
Ashok Kumar Mathur, J.1. This writ petition is directed against the order of demand dated 26th October, 1983 (Ex.8) and the order dated 4th February, 1982 (Ex.5) where by the competent authority under the Rajasthan Urban Land (Ceiling and Regulation) Act, 1976 (here in after referred to as the Act of 1976) has acquired the excess land held by the petitioners.2. There is land situtated in the Jodhpur at Gorau House, Near Air Force. One Ram Swaroop executed will on 16th August, 1974 in favour of the petitioners in respect of immoveable properties owned and possessed by him. On 9th October, 1976 Ram Swaroop filed return-as required under Section 6 (1) of the Act of 1976 before the respondent No. 4. The respondent No. 4 conducted a survey and the surveyor submitted his report on 17th October, 1979 before the respondent No. 4. The respondent No. 4 prepared the draft statement as required under Section 8 of the Act of 1976. There after notice under was served on the petitioners and a detaile...
Nawratan Mal Khamesra Vs. Punjab National Bank and ors.
Court: Rajasthan
Decided on: Jun-12-1986
Reported in: 1986WLN(UC)126
Ashok Kumar Mathur, J.1. The petitioner was working as Head Cashier and was posted in the Branch Office of the Bank of Udaipur. On 14-11-80 the petitioner was placed under supension with immediate effect on account of some fraud committed by the petitioner on 12-11-80. The petitioner was also directed not to leave Udaipur without prior permission. Respondent No. 3, by his communication dated 2-2-81 served a charge sheet on the petitioner and he was called upon to submit his reply within 7 days from the date of receipt failing which it was presumed that the petitioner has nothing to say in the matter. The petitioner denied the charges. Thereafter the Regional Manager by his communication dated 22-5 81 informed the petitioner that enquiry Under Clause 19.22 of the First Bipartite Settlement is being held in respect of the charge sheet served on the petitioner on 2-2-81. Mr. P.D. Dubey was appointed as Enquiry Officer and Shri B.L. Jhanwar as Presenting Officer. But this order was later o...
i.J. Kalra Vs. State Bank of Bikaner and Jaipur and ors.
Court: Rajasthan
Decided on: Jun-12-1986
Reported in: 1986WLN(UC)152
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the order dated 20th July, 1985 (Anx. 7) and the order dated 11th September, 1985 (Anx. 9).2. The petitioner was served with a letter by the Branch Manager, State Bank of Bikaner and Jaipur, Sardarpura Branch, Jodhpur dated 19th January, 1983 and he was informed that he dis-obeyed the verbal instructions given to him and has left the Bank premises during the working hours. The petitioner denied these allegations. Thereafter the petitioner was served with the notice dated 28th July, 1983 that why disciplinary action may not be initiated on the basis of the allegations mentioned in the communication dated 28th July, 1983. The petitioner sent his reply to the notice. Thereafter the disciplinary authority appointed Shri T.D. Ojha as Enquiry Officer in terms of paragraph 19.14 of the Bipartite Settlement (here in after referred to as the Settlement). It is alleged that the management did not proceed with the enquir...
Poonam Talkies Vs. Presiding Officer, Labour Court
Court: Rajasthan
Decided on: Jun-09-1986
Reported in: 1986(2)WLN255
Narendera Mohan Kasliwal, J.1. M/s Poonam Talkies, Dausa (here in after referred to as the petitioner) has filed this writ petition on the allegation that on 18th November, 1978, some supporters of Cinema Karamachari Union started creating trouble in the Cinema Hall. Some of the workers blocked gutter line of Cinema and they also started harassing the public who wanted to see picture in the Cinema Hall and the entry gate of second class was also closed by putting the shutter down. On this, the Manager of the petitioner asked one Shri Hari Narain Sharma an employee of the establishment, who is deaf and dumb, to open the gate and as per direction of the Management of the petitioner, he opened the gate. On this, one Shri Rati Ram, who was also an employee of petitioner, started beating badly to Shri Hari Narain and on complaint received by the management from Shri Hari Narain a decision was taken to suspend Shri Rati Ram for 3 days.2. The employees of the petitioner went on strike raising...
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