Rajasthan Court October 1988 Judgments
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Abda Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-05-1988
Reported in: 1988(2)WLN443
Inder Sen Israni, J.1. This is second bail application filed by the petitioner. The first bail was rejected on 12-2-1988 by a detailed order.2. The petitioner is facing trial for the offence under Section 20(II), 21, 22 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act, 1985).3. The contention of Shri Jagdeep Dhankar, learned Counsel for the petitioner is that the petitioner was taken in custody on 27-8-1987 and since then is in jail. It is pointed out that he has no conviction to his discredit and that there has not been progress in the trial of the case. It is also pointed out that it is alleged by the prosecution that the petitioner at the time of arrest was having two kg. Charas. According to the learned Counsel, the investigation samples weighing 30 gms. of the Drugs were sent for analysis but the samples when reached to the Forensic Science Laboratory were of 25 gms. This, it is asserted, is a material discrepancy which demolishes the entire prosecution cas...
Satyendra Singh Rathore Vs. Rajasthan Rajya Pathya Pustak Mandal and o ...
Court: Rajasthan
Decided on: Oct-05-1988
Reported in: 1988(2)WLN690
S.S. Byas, J.1. The petitioner prays for quashing the order Annx. 3 dated August 12, 1987 by which the respondents terminated his service.2. As per averments disclosed in the amended writ petition, respondent No. 1 viz. The Rajasthan State Text Book Board, Jaipur is an autonomous body registered under the Rajasthan Societies Registration Act, 1968 and came into existence vide Government order issued on 31-12-1973. The objects of the Board are multifarious as mentioned in the Memorandum of Association. Some of the objects are to prepare, edit, publish, print, stock, sell, the textbooks and to carry on the business as publishers, printers, sellers and distributors of text-books. It is thus an industry as defined in the Industrial Disputes Act. 1947 (for short 'the Act'). The Office of the Board is situate in Jaipur. It has its own PABX inside the office building. The petitioner was initially appointed as Telephone Operator on PABX on daily wages w.e.f. 17-1-1984. His services came to an ...
Pritam Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-05-1988
Reported in: 1988WLN(UC)471
G.K. Sharma, J.1. This petition under Section 482 Cr.PC is preferred against the order dated 2-12-1987 by which, the Additional CJM, Dausa ordered to frame charge against the petitioner under Section 19/54 of the Rajasthan Excise Act.2. An information was received on 31-10-1986 at Police Station, Dausa that in car No. RST 1326 some liquor is being transported. That car was checked at Octroi-post Agra Road, Dausa and search was made by the SI Mohammed Irshad. In the dicky of the car 5 cartoons containing 60 bottles in all were found. After taking sample from the bottles and completing the usual investigation the Police submitted challan against the petitioner under Section 19/54 of the Rajasthan Excise Act and the learned CJM, framed charge which has been challenged here.3. The learned Counsel for the petitioner argued that it is disputed that the petitioner was carrying 60 bottle of foreign liquor in 5 cartons in the car when he was checked at the out-post by the Sub-Inspector and acco...
Bhairun Lal Vs. Ghasi Lal and anr.
Court: Rajasthan
Decided on: Oct-05-1988
Reported in: 1988WLN(UC)420
N.M. Kasliwal, J.1. This miscellaneous appeal by the defendant is directed against an order of the learned District Judge, Tonk dated 14-10-1987 rejecting the restoration application.2. Brief facts of the case are that the plaintiffs filed a suit for ejectment on the ground of default in the payment of rent for more than six months. The suit was decreed by the trial court. Appeal filed by the defendant was also dismissed. Thereafter, the defendant filed a second appeal in the High Court. The High Court allowed the appeal, set aside the judgment and decree passed by both the lower courts and remand the case to the First Appellate Court. In the order of remanded the parties were directed to appear before the First Appellate Court on 8-8-1985. In the order of remand a direction was also given for determining the rent to be paid by the defendant. The defendant did not appear on 8-8-1985 and thereafter, the appeal was dismissed by order dated 31-8-1985. The plaintiffs then submitted a revie...
Jugal Kishore Verma Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-05-1988
Reported in: 1988WLN(UC)410
S.N. Bhargava, J.1. The petitioner was employed as Ward-body on 2nd January, 1984 at rate of Rs. 9/- per day, vide Annx. I. The petitioner was paid Rs. 11/- per day since 16th January. 1985. According to the petitioner, he continued to work as Ward-boy even after 1st January, 1987, but no payment was made though he worked upto July, 1987. He also produced a certificate Annx. 2 which shows that the petitioner is working as Ward-boy, (Class IV) in the hospital for the late 2-1/2 years. His work is satisfactory and he is of good moral character. The petitioner thereafter submitted a notice for demand for justice in August, 1987, but the same was not even acknowledged. Thereafter the petitioner filed the present writ petition in this Court on 9th December, 1987. Notices were issued on 16th December, 1987 to show cause as to why this writ petition should not be admitted and allowed. The notices were served before 5th February, 1988. The case came up before this Court on 21st March, 1988 and...
Commercial Taxes Officer Vs. Hira Crushing Pvt. Ltd.
Court: Rajasthan
Decided on: Oct-04-1988
Reported in: [1989]73STC264(Raj)
A.K. Mathur, J.1. All these revision petitions involve a common question of law, therefore, they are disposed of by this common order. In all these revision petitions, the question raised is whether hoofs and horn meal is a chemical fertilizer or not The assessing authority on the basis of the circular issued by the Commissioner, Commercial Taxes, dated 23rd June, 1972 taxed them to be a chemical fertilizer.2. Aggrieved against these assessment orders, appeals were preferred before the appellate authority and the appellate authority dismissed the appeals. Assessee approached the Tribunal. The Tribunal after considering over the matter and looking into the evidence, came to the conclusion that both these items, namely, hoofs and horn meal do not fall in the definition of the chemical fertilizer. It came to the conclusion that it is an organic manure. Department did not produce any evidence whatsoever for showing that both these items have any element of chemical composition in it.3. Mr....
Dr. Dalpat Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-04-1988
Reported in: 1989WLN(UC)324
Jasraj Chopra, J.1. This revision petition is directed against the order of the learned Additional Sessions Judge, Nagaur dated 10-3-1983 whereby he has upheld the order of the learned Munsif & Judicial Magistrate, Nagaur dated 9-9-1983. The learned Magistrate has taken cognizance of the offence under sections, 218 and 465, IPC against the accused petitioner Dr. Dalpat Singh.2. It is alleged that one Ram das was beaten by Jairam and Satya Narayan with Pharsi and Lathi. Injured Ramdas was admitted in PBM, Against order dated 10-3-1983 passed by Additional Sessions Judge, Nagaur Hospital, Bikaner in Ward-VIII. His treating Doctor was Dr. Saxena who was incharge of Ward-VIII. On 5-6-1979, on examination of the injured, Dr. P.P. Gandhi found that the injured has received the previous injuries by sharp weapon. It is alleged that on 10-6-1979, accused-petitioner Dr. Dalpat Singh, who at that time was working as Surgeon in PBM, Hospital, Bikaner issued a certificate that injured Ramdas has ge...
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