Rajasthan Court December 1988 Judgments
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Miss Rekha Mathur Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-07-1988
Reported in: 1988(2)WLN559
1. Heard learned Counsel for the parties.2. The service of the petitioner has been terminated according to the petitioner by verbal order on 1-8-1987, by the respondents.3. Learned counsel for the petitioner submits that original writ petition was filed by the petitioner to vindicate her right to claim equal pay. Learned counsel for the petitioner further submits that being aggrieved with the writ petition filed by the petitioner, the State Government, has terminated the service of the petitioner. He further submits that the duly selected candidates have not been appointed so far and the posts are lying vacant. Learned counsel for the petitioner does not want to press at this stage the point whether the office of the D.R.D.A. Jaipur, is an industry or not. As such we are not deciding this point at this stage.4. It is true, that pick and choose policy of ad-hoc appointment is persistently followed by number of officers of the State in various departments including present department. Th...
Bal Kishan Chandak Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Dec-07-1988
Reported in: 1989(2)WLN101
K.S. Lodha, J.1. This is an application in the nature of habeas corpus on behalf of Bal Kishan Chandak, who has been detained Under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988, by the order of the Joint Secretary to the Govt. of India dated 6-7-88. One of the grounds mentioned in the order recording the grounds of detention was that he had been apprehended on 9-4-88 with his scooter and 1490 kgs. of heroin was recovered from the dicky of that scooter and 'although the adjudication and prosecution proceedings under the Customs Act. 1962 against you if the matter were likely to be initiated and prosecution under the N.D P S Act, 1985 is also likely to be initiated,' the detaining authority was satisfied that it was necessary to detain him under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Ordinance, 1988 (7 of 1988) with a view to preventing him from engaging in purchasing and possessing ...
Century Ecka Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1988
Reported in: [1989]74STC85(Raj)
1. By this writ petition, petitioner seeks to quash the assessment order dated 2nd February, 1987 (exhibit 3) and the notice under Section 12 of the Rajasthan Sales Tax Act (exhibit 2).2. The regular assessment of the petitioner was made vide assessment order (exhibit 1) for the period 1981-82. Subsequently a notice under Section 12 of the Rajasthan Sales Tax Act was issued in connection with the petitioner's assessment relating to waterproof paper and PVC sheets. It was stated in the notice that at the time of assessment under Section 10(3) of the Act, tax was assessed at the rate of 4 per cent. On the ground of at what rate tax should have been charged, the petitioner's case was reopened and thereafter reassessment order in respect of the above two items was passed on 2nd February, 1987 (exhibit 3) and demand notice (exhibit 4) was issued for a sum of Rs. 11,203.62. The amount of difference regarding waterproof paper as well as PVC sheet was assessed to Rs. 6,089.82 and interest amou...
Sardar Khan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1988
Reported in: 1988(2)WLN379
Milap Chandra, J.1. This is an appeal under Section 449 Cr. P.C., 1973 against the order of the learned Sessions Judge, Jodhpur dated April 14, 1980, directing recovery of the entire amount of the surety bond i.e. Rs. 3000/-.2. Learned counsel for the appellant has contended that the amount of penalty be remitted under Section 446(3), Cr. P.C. 1973 to the minimum extent possible, as the accused Abdul Salim absented himself on 19-9-1979 due to Malaria fever and he duly put his appearance before the court on the next subsequent date.3. In reply, the learned Public Prosecutor has contended that in Cr. Revision No. 404/81 Balia and Anr. v. State of Rajasthan, this Court has reduced the amount of penalty from Rs. 5,000/- to Rs. 1,000/- today, and the same ratio be observed here.4. It is not in dispute that the accused failed to appear only on September 12, 1979 and he duly appeared before the Sessions Judge, Jodhpur, on the next date of hearing, i.e. October 1.1, 1979. In the facts and circ...
Sanjeev Kumar Pareek Vs. Smt. Shubh Laxmi Pareek
Court: Rajasthan
Decided on: Dec-05-1988
Reported in: 1988(2)WLN687
N.M. Kasliwal, J.1. This revision by Sanjeev Kumar husband is directed against an order passed by the Judge, Family Court, Jaipur dated November 16, 1987.2. Brief facts of the case are that the petitioner husband filed a petition under Section 12(1)(d) of the Hindu Marriage Act. 1955 (here in after referred to as 'the Act') for granting a decree for nullity of marriage between the parties. The wife Smt. Shubh Laxmi filed an application under Section 24 of the Act for granting interim maintenance and litigation expenses during the pendency of the petition. The Judge Family Court in his order dated November 16, 1987, held that the applicant wife would be entitled to maintenance at rate of Rs. 50/- p.m. from the date of filing of the application, dated July 4, 1987. The wife has also been allowed expenses of herself and one more person accompanying her of coming to Jaipur and going back to Gangapur City on every date of hearing. The husband aggrieved against the above order has filed the ...
Nathu Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1988
Reported in: 1988WLN(UC)252
1. A reply has been filed on behalf of the respondents. It is admitted in the reply that the matter of the petitioner has become ripe for consideration by the Advisory Board and it is also further stated that his matter will be placed in the next meeting of the Advisory Board which is to be held in January 1989. The learned Counsel for the petitioner, however, urged that even if the matter is placed before the Advisory Board and Board makes a recommendation the Government may take unduly long time for final disposal of the matter.2. In these circumstances, the writ petition is partly accepted and it it directed that the matter of the petitioner may be placed before the Advisory Board in the next meeting which is to be held in January, 1989 and thereafter the State Government shall finally disposed of the matter after receiving the recommendation of the advisory Board within six weeks from the date of receipt of the recommendation....
Srikishan S/O Neki Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-02-1988
Reported in: 1989WLN(UC)162
G.K. Sharma, J.1. This revision petition is preferred against the judgment of Sessions Judge, Bharatpur, dated 16th Nov. 1988, by which, the appeal of the petitioner was partly accepted and his sentence of 2 years' rigorous imprisonment was reduced to that of 1 year. How ever, the amount of fine of Rs. 1,000/- and the sentence of 6 month's rigorous imprisonment in default of payment thereof, awarded by the trial court, were maintained.2. The accused was caught while snatching away a gold-chain from the neck of Shantidevi, mother of complainant Suresh. After completing usual investigation, he was challenged Under Section 392, IPC. The learned trial court, after completing the trial, found that the case was made out against the accused petitioner, and sentenced him to 2 year's rigorous imprisonment and a fine of Rs. 1,000 and in default of payment of fine, to further undergo 6 month's rigorous imprisonment, for offence Under Section 392, IPC.3. In this revision petition, the learned Coun...
Sri Kishan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-02-1988
Reported in: 1989WLN(UC)3
G.K. Sharma, J.1. This revision petition is preferred against the judgement of Sessions judge, Bharatpur, dated 16th November, 1988, by which, the appeal of the petitioner was party accepted and his sentences of 2 years rigorous imprisonment was reduced to that of 1 year. How ever, the amount of fine of Rs. 1,000/- and the sentence of 6 months rigorous imprisonment in default of payment thereof, awarded by the trial court, were maintained.2. The accused was caught while snatching away a gold-chain from the neck of Shantidevi, mother of complainant Suresh. After completing usual investigation, he was challaned under Section 392 IPC. The learned court after completing the trial, found that the case was made out against the accused-petitioner, and sentenced him to 2 year's rigorous imprisonment and a fine of Rs. 1,000/- and in default of Payment of fine to further undergo 6 months rigorous imprisonment, for offence under Section 392 IPC.3. In this revision petition, the learned Counsel fo...
Kan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-02-1988
Reported in: 1989WLN(UC)10
Miss Kanta Bhatnagar, J.1. Petitioner Kan Singh, was tried for the charge under Section 304A and 279 of the Indian Penal Code by the Munsif & judicial Magistrate, Jodhpur District, Jodhpur. He was held guilty for the aforesaid charges and vide judgment dated 17th July, 1980 sentenced to one month's rigorous imprisonment for the offence under Section 279, IPC and 6 month's rigorous imprisonment and a fine of Rs. 200/-, in default to undergo three months' simple imprisonment for the offence under Section 304A, Indian Penal Code. Aggreived petition Kan Singh preferred appeal which was rejected bu the learned Additional Sessions Judge No. 1, Jodhpur vide judgment dated 20th February, 1981.2. Briefly stated, the prosecution case leading to the trial of the petitioner and his conviction was that on 24-11-1974 at about 10 a.m. near bus stand Sarecha, he while driving bus RSQ 2439, caused injuries to Nathu Singh who succumbed to the those injuries while taken to the hospital. The allegation ag...
Shri Kishan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-02-1988
Reported in: 1988WLN(UC)255
G.K. Sharma, J.1. This revision petition is preferred against the judgment of Sessions Judge, Bharatpur, dated 16th Nov. 1988, by which, the appeal of the petitioner was partly accepted and his sentence of 2 years rigorous imprisonment was reduced to that of 1 year. However, the amount of fine of Rs. 1,000/- and the sentence of 6 months' rigorous imprisonment in default of payment thereof, awarded by the trial court, were maintained.2. The accused was caught while snatching away a gold-chain from the neck of Shantidevi mother of complainant Suresh. After completing usual investigation, he was challaned under Section 392, IPC. The learned trial court, after completing the trial, found that the case was made out against the accused-petitioner, and sentenced him to 2 years rigorous imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo 6 months' rigorous imprisonment of offence under Section 392, IPC.3. In this revision petition, the learned Counsel ...
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