Skip to content

Rajasthan Court September 1988 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Sep 05 1988

R.F.C. Officers Association Vs. R.F.C. and ors.

Court: Rajasthan

Decided on: Sep-05-1988

Reported in: [1990(60)FLR286]; (1991)ILLJ505Raj

1. The petitioner has filed this writ petition challenging the orders Annexure-7 dated July 22, 1987 and Annexure-II, dated December 12, 1987. On behalf of the employees in para No.7, averment has been made that the employers were continuously arid regularly without any interruption, paying ex-gratia to all the employees @ 20%of emoluments drawn by them for the last 15 years. This tact has also been mentioned in para No. 10 of the writ petition.2. Reply has been filed by the employer Rajasthan Financial Corporation, non-petitioner No. 1, and it was submitted that the facts mentioned in paras No. 7 and 10 of the writ petition are admitted. They have also admitted that the Corporation used to pay ex-gratia payment of 20% of the emoluments to the officers/employees of the Corporation since 1973. The contention of the R.F.C. is that under the directions of the State Government, they have stopped the payment as they are bound by the directions given by the State Government, as a policy.3. O...


Sep 05 1988

Om Prakash Vs. State of Rajasthan

Court: Rajasthan

Decided on: Sep-05-1988

Reported in: 1989WLN(UC)297

Jasraj Chopra, J.1. This revision petition has been filed against the appellate judgment of the learned Additional Sessions Judge, Nohar dated 26-1-1988 whereby the conviction of accused petitioner Om Prakash for the offence under Section 457/300, IPC recorded by the learned Munsif & Judicial Magistrate, Nohar was altered into Magistrate one under Section 454/380, IPC and he was sentenced to two years rigorous imprisonment together with a fine of Rs. 100/-on each count and in default to undergo one months rigorous imprisonment for the offence under Section 454/380, IPC.2. The facts necessary to be noticed for the disposal of this revision petition briefly stated are: that complainant Sipo Lal went for his treatment to Sirsa on 10-7-1985. His house is situated in Ward No. 8 of Nohar town. He came back to his house on 10-8 1985 and found that outer lock of his house was broken. Locks of all the room were also found broken. Locks of all the boxes and safe were also found broken and certai...


Sep 05 1988

Charan Das Nagpal Vs. Life Insurance Corporation of India and ors.

Court: Rajasthan

Decided on: Sep-05-1988

Reported in: 1988WLN(UC)135

1. Heard learned Counsel for the parties.2. Mr. S.R. Singhi invited attention of this Court to a decision of the Division Bench of this Court in D.B. Civil Special Appeal No. 272(A)/72 LIC of India and Ors. v. Shri B.N. Bhatnagar decided on 5-10-1985 by the Jaipur Bench. It has been held that the Life Insurance Corporation Development Officers (Alteration of Remuneration and other Terms and Conditions of Service) Order, 1978 and the Life Insurance Corporation of India (Staff) Sixth Amendment Regulations, 1978 shall have overriding effect over the provisions of the Industrial Disputes Act, 1947. In view of the provisions contained in Life Insurance Corporation (Amendment) Act, 1981 where by Sub-sections (2A), (2B) and (2C) have been added to Section 48 of the Life Insurance Corporation Act. The validity of the said amendments have been upheld by the Supreme Court in the case of A.V. Nachna v. Union of India : (1982)ILLJ110SC .3. In view of the aforesaid decision, this writ petition is h...


Sep 05 1988

Sultan Singh Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Sep-05-1988

Reported in: 1988WLN(UC)244

1. This writ petition has been filed for quashing the order (Annexure P5) of the Registrar, Rajasthan Co-operative Societies, Jaipur (Respondent No. 2) dated March 15, 1988 by which the Executive Committee of the Krya Vikray Sahkari Samiti Ltd., Abu Road (Sirohi) (here in after referred to as 'the Abu Road K.V.S Samiti') has been removed and the Assistant Registrar, Co-operative Societies, Sirohi has been appointed as its Administrator, for issuing direction that the petitioner continues to respresent the said Samiti in the Sirohi Central Co operative Bank, Sirohi and also continues to be its Chairman and for declaration that the provisions of Section 139, Rajasthan Co-operative Societies Act, 1955 (here in after referred to as 'the Act') and Rule 110, Rajasthan Co-operative Societies Rules, 1966 (here in after referred to as 'the Rules') are ultra vires the Constitution of India. The facts of the case giving rise to this petition may be summarised thus.2. The petitioner is a member of...


Sep 05 1988

Smt. Manak Bai and ors. Vs. Kalyan Bux

Court: Rajasthan

Decided on: Sep-05-1988

Reported in: 1988WLN(UC)509

S.C. Agrawal, J.1. This second appeal has been filed by the plaintiff in a suit for eviction based on the ground of default in payment of rent 13(l)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (here in after referred to as 'the Act'). It has been found by the courts below that the defendant-respondent had sent the rent for the period from 1st April, 1977 to 31st July, 1977 by a money order which was accepted by the appellant. The case of the defendant-respondent is that thereafter a money order for Rs. 37.20 on account of rent for the period 1st August, 1977 to 31st December, 1977 was sent by him on 23rd December, 1977 and the same was refused by the plaintiff and was received back, and that another money order for Rs. 52.06 in respect of rent for the period 1st August, 1977 to 28th February, 1278 was sent on 28th March, 1978 which was also not accepted and a third money order for Rs. 74.37 in respect of the rent for the period 1st August, 1977 to 31st May, 19...


Sep 05 1988

Teju Mal Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Sep-05-1988

Reported in: 1988WLN(UC)559

J.R. Chopra, J.1. This revision petition has been filed against the order of the learned Chief Judicial Magistrate, Sri Ganganagar dated 18th January 1988 whereby the learned Magistrate has discharged the accused-non-petitioner Daya Krishna of the offences under Sections 170, 419, 420, 392 and 342, IPC on the basis of the final report submitted by Shri Kanti Prakash, Inspector, CID (CB).2. The facts necessary to be noticed for the disposal of this petition briefly stated are: that petitioner Tejumal filed a complaint in the Court of the learned Munsif and Judicial Magistrate, Anoopgarh on 19-1-1982 pleading inter alia, that accused-non-petitioner Daya Krishna and one more person came to his house on 10-1-1982 at about 4 p.m They were in Police dress. They gave out that they have been sent by Dy. S.P. Hanumangarh. Accused-non-petitioner Daya Krishna told him that he is the Reader working in the Office of the Dy. S.P. Hanumangarh where as his companion told him that he is working as Cons...


Sep 02 1988

Gopal Vs. State of Rajasthan

Court: Rajasthan

Decided on: Sep-02-1988

Reported in: 1988WLN(UC)141

Gopal Krishan Sharma, J.1. This appeal is directed against the judgment dated 5-8-1988 whereby, the Sessions Judge, Ajmer convicted the appellant under Section 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to 10 years' R.I. and a fine of Rs. 1,00,000/-, in default of payment of fine, to further undergo two years' R.I.2. On 12-4-1986, the appellant was taken into custody by Head Constable Amanullah at Railway Platform, Ajmer. In the morning at 7.45 a.m. the Head Constable was checking the passengers who were getting down from the train. Appellant Gopal seeing the Head Constable wanted to avoid him and he turned back. Gopal was interrogated by the Head Constable and during the interrogation the Head Constable felt something in the pocket of Gopal and from the pocket of his Bakhtari (shirt) one plastic glucose bottle was taken out. It was having opium. He was asked about the licence but he refused to have it. Gopal was brought to the Police Station where i...


Sep 01 1988

Mohd. YamIn Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Sep-01-1988

Reported in: AIR1989Raj30; 1988(2)WLN238

J.S. Verma, C.J.1. This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is against the judgment of a learned single Judge dismissing the appellant's writ petition. The questions involved for decision are the validity of Sub-section (3) of Section 2 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act') and also of the notification No. F3(4)(3)H/VII/70-II dt. July 19, 1976 published in the Rajasthan Gazette dt, Aug. 15, 1976 issued by the State Government under this provision.2. The brief facts on the basis of which the points urged in this petition are to be decided are now stated : The appellant is a tenant in a shop at Jaipur of respondent No. 2 Nathdwara Temple Board established and constituted under the Nathdwara Temple Act, 1949. All properties given or endowed for the registration or start of the temple or any service connected with it or for the benefit etc. or the pilgrims visiting the temple shall be treated as endo...


Sep 01 1988

Sugan Chand Vinod Kumar Vs. Commissioner of Income-tax and anr.

Court: Rajasthan

Decided on: Sep-01-1988

Reported in: [1989]175ITR273(Raj)

M.B. Sharma, J.1. The petitioner is a registered partnership firm carrying on business in cotton and cotton waste and also acts as commission agent and has its business premises at Bijainagar, District Ajmer. The then Income-tax Officer, Ward-2, Beawar, on December 10, 1986, was camping at Bijainagar and entered the business premises of the petitioner at 10 a.m. to survey it under Section 133A of the Income-tax Act, 1961 (for short, 'the Income-tax Act'). There are in all four partners in the firm, namely, Sarva Shri Sugan Chand, Kanhiyalal, Noratmal and Vinod Kumar. At the time, when the Income-tax Officer entered the business premises, Sugan Chand was present there. During the course of survey, account books were inspected and two lists marked 'A' and 'B' which are annexed to the writ petition as annexures 4 and 5, respectively, were prepared. Though it is the case of the petitioner firm that it was during the survey that the account books were seized and impounded, respondent No. 2 ...


Sep 01 1988

Suleman Vs. Gordhan and ors.

Court: Rajasthan

Decided on: Sep-01-1988

Reported in: 1988(2)WLN633

S.C. Agrawal, J.1. This is defendant's second appeal arising out of a suit filed by respondent against the appellant for eviction from a shop. The said suit was based on the ground of default in payment of rent as well as the appellant having damaged the premises. The Munsif, Sikar decreed the suit on the basis of the ground of default in payment of rent. He, how ever, did not accept the case of the plaintiff respondents that the rent for the premises was Rs. 15/- per month, but found that the rent was Rs. 5/-per month as claimed by the appellant. The Munsif did not no accept the case of the plaintiff-respondents with regard to damage to the premises. On appeal, the District Judge, Sikar affirmed the decree of the Munsif. The District Judge was of the view that the suit in question was governed by the provisions contained in Sub-sections (4)(5) and (6) of Section 13 of the Rajasthan Premises (Control of Rent & Eviction) Act (here in after referred to as 'the Act') as they stood prior t...


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial