Rajasthan Court April 1987 Judgments
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Surya Prakash Vs. Rajasthan Co-operative Spinning Mill Ltds.
Court: Rajasthan
Decided on: Apr-14-1987
Reported in: 1987WLN(UC)266
Kanta Bhatnagar, J.1. Petitioner Surya Praksh was given appointment on daily wages on May 16, 1981 with respondent No. 1, Rajasthan Co-operative Spinning Mills, Ltd., Gulabpura, District Bhilwara.2. On June 15, 1982 he was put in the Scale No. 3 on the post of Lower Division Clerk on probation. This period of probation was extended for a further period of three months. His services were terminated on March 31, 1983. An Industrial Dispute was raised and the matter was referred to the Labour Court, Udaipur vide Notification dated February 28, 1986. In the Labour Court, the petitioner admitted that he had not passed the Secondary Examination and had wrongly informed the authorities about his passing that examination in second division. The learned Judge Labour Court opined that the services of the petitioner were terminated on account of his misconduct and he was not entitled to any relief under Section 25F of the Industrial Disputes Act (for short 'the Act' here in after). The learned Ju...
Deoki Nandan and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-14-1987
Reported in: 1987WLN(UC)268
Ashok Kumar Mathur, J.1. This writ petition is directed against the order of the Rajasthan Civil Services Appellate Tribunal Rajasthan, Jaipur hereinafter referred to as 'the Tribunal') dated 10-3-1980 whereby the Tribunal allowed the appeal of deceased N.K, Singh respondent which was prosecuted by his wife Smt. Pushpa Lata Chandel and set aside the order so far as it related to respondents Nos. 3 to 5 before the Tribunal. The orders Ex. 4 and Ex 7 dated 30-11-1977 and the order dated 25-2-1978 (Ex. 9) were quashed. Respondents No. 1 and 2 were directed to consider the case of promotion on the post of Statistical Assistant (except those held by respondents No. 3 to 5) on the basis of the seniority of the parties determined by the order dated 10-7-1978 as if any of the impugned orders were not passed at all It was further directed that the persons found suitable for promotion shall be given consequential benefits with effect from 30-11-1970.2. The brief facts which are necessary for the...
Bharat Lal Dugal Vs. the Registrar, Sahakari Samities and anr.
Court: Rajasthan
Decided on: Apr-14-1987
Reported in: 1987WLN(UC)690
1. This writ petition relates to the election of the member of the Managing Committee of the Kawat Gram Seva Sahkari Samiti Limited (here in after referred to as 'the Sahkari Samiti').2. The Sahkari Samiti is a Co-operative Society registered under the Rajasthan Co-operative Societies Act, 1965 (here in after referred to as 'the Act') and is governed by the provisions of the Act and the Rajasthan Cooperative Societies Rules, 1966 (here in after referred to as 'the Rules'), Bharat Lal, the petitioner in this writ petition is a member of the Sahakari Samiti and was elected as the Chairman of the Sahkari Samiti in the elections which were held in January, 1982. Rule 32 of the Rules makes provision for the election of the members of the committee of management of a Co-operative Society and provides for appointment of an Election Officer by the Registrar of Co-operative Societies. Sub-rule (2) of Rule 32 provides that the election of the committee shall be held at a general meeting of he so...
Commissioner of Income-tax Vs. Aravali Filling Station
Court: Rajasthan
Decided on: Apr-10-1987
Reported in: [1987]169ITR317(Raj)
A.K. Mathur, J.1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as ' the Act'), on the application moved by the Commissioner of Income-tax, Jodhpur. The Tribunal has framed the following question for the decision of this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the firm stood dissolved on the death of Shri Roshanlal Sharma, partner, on February 9, 1974, and, therefore, two separate assessments should have been made for the two periods, meaning thereby up to February 9, 1974, and for the period from February 10, 1974, to November 12, 1974?'2. The facts giving rise to the present reference are that a firm was constituted under the partnership deed dated November 15, 1972, by Prabhusingh Rathore, Arvind Kumar Sharma and Roshanlal Sharma (since deceased). Each partner had an equal share. On the death of Roshanlal Sharma on February 9, 1974, the surviving partners a...
Bhagwan Das and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-10-1987
Reported in: 1988(2)WLN674
Farooq Hasan, J.1. The aforesaid two appeals are directed against the common judgment dated 5-11-1985 passed by the Civil Judge, Jaipur District Jaipur (trial court) and the same are filed under Section 54 of the Rajasthan Land Acquisition Act, 1953, (here in after for brevity, 'the Act'). Both these appeals are disposed of by one and single judgment as they are almost identical to each other.2. Briefly stated the facts of the case are that the State of Rajasthan issued a notice under Section 4 of the Act on April 30, 1964 for acquisition of the lands for educational institutions. The declaration under Section 6 of the Act was made and the same had been published in the Rajasthan Patrika of August 6, 1964; in that declaration, the lands bearing Khasra No. 61 having its area as 43 bighas 15 biswas, Khasra No. 65 having its area as 64 bighas total area of which is 107 bighas & 15 biswas, situated in village Jhalana Doongar, Tehsil Sanganer, Distt. Jaipur have also been included and the s...
Fatya Alias Fateh Lal and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-10-1987
Reported in: 1987(2)WLN166
Surendra Nath Bhargava, J.1. This is a criminal appeal against the judgment of Additional Sessions Judge, Gangapur City, convicting and sentencing the accused appellants as under:(1) Fatya alias Fatehlal:Under Section 302, IPC - Imprisonment for life and a fine of Rs. 500/-, in default of payment of fine. 6 months SI;Under Section 302/34, IPC - Imprisonment for life and a fine of Rs. 500/-, in default, 6 months SI.Other villagers took Prasadi and Mangilal to the Hospital but both of them died in the hospital.2. On the aforesaid report, a case under Section 302, IPC was registered by the police. After usual investigation, the case was challaned against eight accused persons in the court of Magistrate, who committed the accused to the court of Sessions. Learned Additional Sessions Judge, Gangapur City, after recording evidence led by the parties, while convicted and sentenced four accused appellants and acquitted the rest four accused persons namely, Heera Lal, Ramjilal. Basanti and Munn...
Udai Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-10-1987
Reported in: 1987(2)WLN245
Navin Chandra Sharma, J.1. This revision filed by Udai Singh and four others arise out of following circumstances.2. After completing investigation on a First Information Report lodged by Avtar Singh, the officer-in-charge of Police Station, Sadul Shahar forwarded to the Addl. Chief Judicial Magistrate, Ganganagar a police report under Section 173 of the Code of Criminal Procedure stating there in the commission of offences under Sections 342 and 323, IPC on August 7, 1983 by Tala Singh, Dhanna Singh, Shamsher Singh and Sehab Singh, Petitioners Nos. 2 to 5 only and also forwarded alongwith the report the statements recorded under Section 161 of persons whom the prosecution proposed to examine as its witnesses and documents on which the prosecution proposed to rely upon this police report, the Addl. Chief Judicial Magistrate Ganganagar took cognizance on 26-6-1984 of the offences under Sections 342 and 323, IPC and took surety bonds and personal bonds from petitioners No. 2 to 5 for the...
Ram Sukh Vs. State of Rajasthan and Vice Versa
Court: Rajasthan
Decided on: Apr-10-1987
Reported in: 1987(2)WLN287
Navin Chandra Sharma, J.1. In Sessions case No. 55 of 1975, the Additional Sessions Judge, Bhilwara has, on September 29, 1976, held the appellant Ramsukh and Dalchand, Sunderlal and Gopi guilty for the offences under Sections 325 and 323 both read with Section 34 of the Indian Penal Code. While Ram Sukh and Dalchand had been sentenced to undergo rigorous imprisonment for a term of three years for the offence under Section 325 read with Section 34 I.P.C. and also with a fine of Rs. 300/- with a default clause to further undergo rigorous imprisonment for 3 months in the event of non-payment of fine and also to simple imprisonment for a term of one year for the offence under Section 323 read with Section 34 I.P.C. but as Sunderlal and Gopi were below 21 years of age at the time of the commission of the offence, they were to remain on probation for a period of one year on their furnishing bonds in the sum of Rs. 1000/- with surety in the like amount.2. While Ramsukh has filed a Criminal A...
Teja Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-10-1987
Reported in: 1987WLN(UC)233
Ashok Kumar Mathur, J.1. This is an appeal against the judgment of the learned Sessions Judge, Sri Ganganagar dated 30-10-1982 whereby he has convicted the accused appellant Tejasingh under Section 302 IPC and accused appellants Kalasingh and Jasvindra Singh under Section 302 read with Section 34 IPC. He has also convicted all the three accused appellants under Section 307 read with section 34, IPC and under Section 27 of the Arms Act. Tejasingh has been sentenced to life imprisonment along with a fine of Rs. 500/- and in default of payment of fine to further under go six months' rigorous imprisonment under Section 302 IPC, the accused appellants Kala Singh and Jasvindra Singh under Section 302/34 IPC have been sentenced to life imprisonment along with a fine of Rs. 100/- each and in default of payment of fine to further undergo one month's rigorous imprisonment; all the three accused under Section 307/34 IPC sentenced to five years rigorous imprisonment along with a fine of Rs. 100/- ...
Ganesh Vs. the State and anr.
Court: Rajasthan
Decided on: Apr-09-1987
Reported in: 1988CriLJ475; 1987(2)WLN201
ORDERNavin Chandra Sharma, J.1. Ghisu Lal son of Narayan Dhakar of village Arniyan had lodged a first information report No. 24 dated May 25, 1977 with the Station House Officer, RS. Nimbahera that he was robbed of a pair of bullocks by the petitioner Ganesh son of Heeraji of village Karunda whereupon Crime No. 25 of 1977 was registered and investigated by the Station House officer of the said Police Station. During the course of investigation, the Officer-in-charge, Police ' Station, Nimbahera seized the pair of bullocks from the possession of the petitioner Ganesh and thereafter gave a final report of 'no occurence' under Section 173 Cr. P.C. to the Judicial Magistrate Nimbahera. This final report was perused by the Judicial Magistrate who decided on July 15, 1977 not to take cognizance of any offence on the, police report. In the above final report, the Officer-in-charge of Police Station, Nimbahera had also solicited orders of the Judicial Magistrate, Nimbahera for handing over the...
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