Rajasthan Court September 1988 Judgments
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Sayar Vs. Judge, Labour Court and ors.
Court: Rajasthan
Decided on: Sep-20-1988
Reported in: 1988(2)WLN305
Jagdish Sharan Verma, C.J.1. The petitioner was an employee in the Mahalaxmi Milk Co. Ltd. Beawar since 1947. He was also an active Trade Unionist. The management of the mills was taken over by the Central Government with effect from January 9, 1967 and an Authorised Controller was appointed under Section 18A of the Industries (Development and Regulation) Act, 1951. During continuance of the management of the Government through the Authorised Controller, on January 19, 1973 a charge-sheet was served on the petitioner for alleged mis-conduct and he was dismissed by the Authorised controller on April 16, 1973. Petitioner raised an Industrial dispute challenging the termination of his service which led to a reference of the dispute for adjudication by the Labour Court. In the meantime the Sick Textile Under-taking (Nationalisation) Act, 1974 (here in after referred as 'the 1974 Act') came into force resulting in vesting of the rights of owner of the Mills in the Central Government and the...
Sumer Singh and Khyali Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-20-1988
Reported in: 1988(2)WLN450
R.S. Verma, J.1. These two writ petitions bearing numbers 2308/86 by Sumer Singh and 2309/86 by Khyali Lal involve similar questions of law and fact. Hence by consent of all the parties, they have been heard together and are being disposed of by a common judgment.2. First, the facts in Sumer Singh's case. He entered service on 22-4-1954 as a Teacher under the Development Department of the State of Rajasthan. On 15th February, 1958, he was transferred as L.D.C. in the Pindwara block. On constitution of Panchayat Samiti, Pindwara, his services were taken over by the said Panchayat Samiti on 2-10-1959. He was promoted as U.D.C. w.e.f. 29-8-1961 vide order dated 31-8-1961. He was confirmed as UD.C. on 11-6-1965 vide Annex. 1. He passed the Accounts Clerk Examination in the year 1964. The Chief Accounts Officer, Rajasthan, Jaipur vide order dated 27-8-1965 appointed the petitioner as a temporary Accounts Clerk in Panchayat Samiti, Shivganj. The case of Sumer Singh is that while he was worki...
Pradeep Bhatia and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-20-1988
Reported in: 1988WLN(UC)240
Kanta Bhatnagar, J.1. The reduction of seats in the Medical Colleges in Rajasthan in the Post Graduate Courses (here in after to be referred as 'the P.G. Courses') from 359 to 301 and specially the reduction of such seats in Jodhpur Medical College from 67 to 49 has caused grievance to the petitioners in these two writ petitions and they have filed these writ petitions under Article 226 of the Constitution of India with the prayer that the respondents may be directed to quash the order of reduction of seats in Medical Colleges for the PG Courses and to provide admission in the PG Courses on the number of seats which were available last year.2. As the point involved in both the writ petitions is the same, we propose to dispose them of by one common order. As the numbers of Exhibits in the two writ petitions are different, the number on the exhibits in Writ Petition No. 1192/88 are referred.3. The petitioners have averred that they have passed their MBBS examination and completed Part-1 ...
Smt. Shakuntla and anr. Vs. United India Insurance Company
Court: Rajasthan
Decided on: Sep-20-1988
Reported in: 1989(2)WLN497
K.S. Lodha, J.1. This Misc. appeal has been filed by claimants Smt. Shakuntala and Raghunath Rai, mother and father respectively of the deceased Kuldeep who had died in a motor accident against the United India Insurance Company (here in after referred to as 'the Insurance Company') challenging the award of the Motor Accidents Claims Tribunal, Jadhpur (for short 'the Tribunal') dated 14-3 83, where by, while awarding compensation to the appellants against the owner and driver of the vehicle, their claim has been rejected against the Insurance Company. They now claim that the award may he made against the Insurance Company also.2. It is now not in dispute before me that Kuldeep son of the appellants, aged about 27 years, had died on account of motor accident on. March 31, 1979. The motor vehicle, viz. three wheeler scooter, which belonged to Laxminarayan and which was being driven at the time of this accident by Champalal, had hit Kuldeep while he was going on the road towards Sojati Ga...
National Insurance Co. Ltd. Vs. Gotiya and ors.
Court: Rajasthan
Decided on: Sep-20-1988
Reported in: 1(1989)ACC270
A.K. Mathur, J.1. This is a Misc. Appeal against the award given by the Motor Accident Claims Tribunal dated 9th October, 1986.2. The brief facts are that a claim was filed by the respondent No. 1 to 5 against the National Insurance Co. and Radha Kishan and Natwar respondent No. 6 and 7 with the allegation that on 24th June, 1982 the Bus No. R.J.L. 9036 belong to Radha Kishan was driven by Natwar on the route of Banswara to Khandu in a rash and negligent manner. At about 2-30 P.M., the bus got out of control near Chhatripara and it over turned as the result of this over turning. Balia who was the passenger in the bus crushed under the bus and died as a result of this accident. The Balia was a Baildar and he was on daily wages and earning a sum of Rs. 9/- per day i.e. Rs. 270/- per month. He was aged 40 years. Therefore, the dependents of Balia filed the present claim before the Tribunal after recording necessary evidence and hearing both the parties awarded a sum of Rs. 28,080/- and di...
Subhas Candra Hisaria Vs. Sunil Sondhi and ors.
Court: Rajasthan
Decided on: Sep-19-1988
Reported in: 1988WLN(UC)259
A.K. Mathur, J.1. This revision petition is directed against the order dated 23-2-1988 passed by the Munsiff and Judicial Magistrate, Hanumangarh, whereby he has dismissed the application of the petitioner Subhash Chandra Hisaria Under Order 1 Rule, 10 CPC for being impleaded as a party in the suit.2. The brief facts giving rise to this case are that a suit was filed by Sunil Sondhi impleading the State of Rajasthan and the Additional Collector and Secretary, Mandi Vikas Samiti, Hanumangarh Junction as party defendants to the suit. The allegations are that there are two pieces of plots No. 1 and 2 situated at the Mandi area in Hanumangarh town, which were wrongly allotted in favour of Subhash Chandra Hisaria as these plots were reserved for the Agro-Service Centre and some more allegations Were levelled regarding illegality; in the allotment of both these plots by auction sale in favour of Subhash Chandra Hisaria. In that suit, an application was made by Subhash Chandra Hisaria for bei...
Hind Techno Machines Pvt. Ltd. Vs. Jaipur Wire Industries Pvt. Ltd.
Court: Rajasthan
Decided on: Sep-16-1988
Reported in: 1988(2)WLN580
P.C. Jain, J.1. In this petition under Section 433 read with Sections 439B of the Companies Act, 1956, the petitioner, M/s. Hind Techno Machines Pvt. Ltd. has prayed that the respondent Company M/s. Jaipur Wire Industries Pvt. Ltd, be ordered to be wound up by this Court.2. The facts of the case lie in a narrow compass and may be stated thus: The petitioner is a Pvt. Ltd. Co. registered and incorporated under the Companies Act, 1956. The petitioner company deals in wire rods. The respondent is also a company incorporated as a private limited Company under the Companies Act, 1956. The case of the petitioner is that in terms of the orders placed by the respondent company to the petitioner, the petitioner supplied different quantities of wire rods against bills as detailed below:Bill No. 196-dated 21-1-1984; Bill No. 198-dated 24-1-1984;Bill No. 215-dated 4-2-1984; Bill No. 221-dated 15-2-1984;Bill No. 231-dated 28-2-1984; Bill No. 241-dated 12-3-1984;Bill No. 252-dated 22-3-1984; and Bil...
Shyam Sunder Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-16-1988
Reported in: 1988WLN(UC)498
G.K. Sharma, J.1. This petition under Section 482, Cr.PC has been preferred for expunging the remarks passed by the Judicial Magistrate I-Class Newai, in his order dated 22nd July, 1987, against Shyam Sunder Sharma, Advocate.2. Badri was facing trial in the court of the Judicial Magistrate, Newai, and was on bail Be did not appear in court on 26th and 28th Feb, 1986, and so a warrant of arrest and a notice for forfeiture of the surety and personal bonds, were issued by the Court. When he appeared before the court, on warrant of arrest, he requested the court to release him on bail, and he also gave reasons for his remaining absent on those dates. That application was dismissed Thereafter, the learned Counsel for the accused cited the case of Jumma Khan (1983 RLR 382), and on the basis of that ruling, he prayed that the accused be ordered to be released on bail. The learned Magistrate perused the case of Jumma Khan (supra) and also that of Johny Wilson (1986 RLR 308). The case of Johny ...
Laxmi NaraIn Mathur Vs. High Court of Judicature for Rajasthan and anr ...
Court: Rajasthan
Decided on: Sep-15-1988
Reported in: 1988(2)WLN607
M.B. Sharma, J.1. The dispute in this writ petition is in respect to the promotion to the post of Dy. Registrar (Administration) and the channel for promotion to the aforesaid post from Assistant Registrar or Private Secretary-cum-Judgment Writer (Super-Time Scale). We may state that under order No. Estt/HC/86/30 dated April 5, 1986, the Registrar, Rajasthan High Court, Jodhpur has changed the nomenclature of the posts of Private Secretaries cum Judgment Writers (Super Time Scale) to that Private Secretaries cum Judgment Writers and the suffix Super Time Scale' has been deleted. Similarly the nomenclature of the posts of Private Secretaries cum Judgment Writers (Selection grade) and Private Secretaries cum Judgment Writers (Ordinary Scale) under the aforesaid order have been changed to Senior Personal Assistant-cum-Judgment Writers and Personal Assistant-cum. Judgment Writers respectively. The petitioner Laxmi Narain Mathur is Private Secretary-cum-Judgment Writer and his designation p...
Jagdish S/O Shyamlal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-15-1988
Reported in: 1988WLN(UC)435
G.K. Sharma, J.1. This is a miscellaneous petition by which, the order of the Additional Sessions Judge No. 1, Bharatpur, dated 19th Sept., 1987 has been challenged.2. The Police submitted a challan under Section 406, IPC against one Jagdish; and the learned Magistrate on 19th February, 1986 framed charge against him under Section 406, IPC. Then, a revision was preferred; and the learned Additional Sessions Judge dismissed the said revision on 19th Sept., 1987 and confirmed the order of the learned Magistrate framing charge under Section 406, IPC. This has been challenged in this court on the ground that absolutely, there is no case made out from the record of the case against the petitioner and that both the courts below have misused the process of the court.3. After perusing the record, I am of the opinion that the entire case has been concocted and made out by the Police. Amarnath who was Asstt. Sub-Inspector of Police posted at Police Outpost Kumher is the author of all this manipu...
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