Rajasthan Court August 1990 Judgments
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C.E.O. Sriganganagar Suger Mills Ltd. Vs. Om Prakash Bagari
Court: Rajasthan
Decided on: Aug-09-1990
Reported in: 1990WLN(UC)240
K.C. Agrawal, C.J.1. This revision Under Section 115 of the Code of Civil Procedure has been filed against the judgment of the District Judge, Sriganganagar dated September 13,1989, holding that the plaintiff non-petitioner is entitled to get Rs. 1,237.40 as wages from the petitioner. This amount has been awarded for the over time claimed to have been done by the non- petitioner in the petitioner's factory.2. The non-petitioner appeared in the witness box and established the fact of having worked overtime. The definition of the word wages includes overtime. What was required to be established by the non-petitioner was that he did over time in pursuance of the instructions of the mills and that he had been promised payment for the same. These facts have been found in favour of the non-petitioner.3. The revision is consequently, dismissed having devoid of merits....
Anil Textile Industry Vs. Employees' State Insurance Corporation
Court: Rajasthan
Decided on: Aug-08-1990
Reported in: (1999)IIILLJ203Raj
Milap Chandra, J.1. The facts of all these cases and the questions involved in them are similar. On the request of the learned counsel for the parties arguments were simultaneously heard at length at the admission stage for the final disposal of all these cases. As such they are being disposed of by this common order.2. The petitioners have filed these writ petitions with these allegations. Their factories and establishments are situated in the industrial area, Pali. On the advise of the authorities of the State Insurance Department, Pali and labouring under the mistake of law, they applied for the registration under the Employees' State Insurance Act, 1984 (hereinafter to be called 'the Act') and their factories and establishments were covered by the provisions of the Act with effect from the year 1977. Since then they started paying contribution in respect of their various employees and workmen to the respondent. The details of contribution paid from 1979 to 1983 are given in the cha...
Khera and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-08-1990
Reported in: 1990(2)WLN60
B.R. Arora, J.1. These two appeals are directed against the judgment dated 29th of November, 1976 passed by the Additional Sessions Judge, Ajmer, Camp Jalore, convicting the appellant, Under Section 302, IPC.2. The appellants were tried by the learned Additional Sessions Judge, Jalorc, Under Section 302/34, IPC, who after trial, convicted the appellants Kana, Khora and Chena, for the offences Under Section 302, IPC and awarded sentence of life imprisonment and a fine of Rs. 2000/- each and in default of payment of fine, the accused-appellants were further to undergo six months RI.3. The prosecution case, as put up in the FIR which was lodged by Khian at Police Station, Sanchore, on 1st March, 1976, is that the informant Khian was informed by his son Ramlal that he along with his uncle Sajan were coming to their Dhani after taking their meals at the residence of Chana. When they reached near the field of Kishna; the three accused persons who were hiding themselves behind the Akra bus ha...
Fatta Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-08-1990
Reported in: 1990(2)WLN143
N.L. Tibrewal, J.1. The accused-appellant Fatta Ram was convicted Under Section 326 and 324 IPC by the learned Addl. Sessions Judge, Sri Ganganagar in sessions case No. 26/79 and was sentenced to two years' R.I. and a fine of Rs. 500/- and six months' R.I. and a fine of Rs. 200/- respectively. Aggrieved against his conviction and sentences the appellant has preferred the present appeal.2. The prosecution case is that on 17-1-1978, the injured Jasbir Singh accompanied with Pritam Singh Bhati and other person went to the village 4B in district Sri Ganganagar. They had gone to converse for the candidature of Pritam Singh Bhatti who was contesting the Panchayat election. It is alleged that Fatta Ram was also approached by them for his vote but he refused to oblige saying that Jasbir Singh had come to ask for the vote and they was having enmity with him Other persons were also present at that time and it is further alleged that the accused-appellant also abuses but be was pacified by other ...
Vaidya Banwan Lal Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Aug-08-1990
Reported in: 1990(2)WLN310
I.S. Israni, J.1. In the above-mentioned three writ petitions, common questions of law have been raised, therefore, they are decided by single order. In each of these petitions...challange has been given to the changes made in numbering of the wards in areas of Municipal Boards involved in these petitions in the various notifications issued in this record. It has been prayed that the numbers of the wards, as existed earlier, should be maintained and Municipal elections be held on the basis of the numbers of wards existing before the issue of new notifications, by which, numbers of wards have been changed.2. Writ Petition No. 2496/90 has been filed regarding Municipal Board, Neem Ka Thana, District Sikar. It is submitted by MR. A.K. Sharma, learned Counsel, that the petitioner has remained Chairman of the Municipal Board from 1982 to 1986 and, thereafter, Board was superseded. In the beginning, the Board was divided into 13 wards for the purposes of elections by the State Government in ...
Smt. Ramjanki Devi, Vs. Commissioner of Income-tax and ors.
Court: Rajasthan
Decided on: Aug-07-1990
Reported in: (1990)88CTR(Raj)207; [1991]188ITR63(Raj)
V.S. Dave, J.1. A common question as to 'whether the petitioners' applications under Section 273A of the Income-tax Act, 1961, has been wrongly rejected by the Commissioner of Income-tax', is involved in all the above three cases which have cropped up because of the fact that application was moved post search and seizure operation carried on by authorised officers of the Income-tax Department under Section 132 of the Income-tax Act, 1961, at the residential premises of Shri Kalianmal Jain at house No. 1563, Singhiji-ka-rasta, Jaipur, on January 12, 1988.2. In order to appreciate the point involved in these cases, it would be relevant to quote briefly the facts of each writ petition. In Writ Petition No. 4624 of 1989, Smt. Ramjanki Devi is a partner in a firm, Messrs. Chandmal Kalianmal, Jaipur, which is an assessee for the last several years. The petitioner, Smt. Ramjanki, too was assessed for the assessment year 1987-88 showing her total income to be Rs. 17,691 which was -assessed und...
Heeralal Vs. State
Court: Rajasthan
Decided on: Aug-07-1990
Reported in: 1991(1)WLN329
K. Bhatnagar, J.1. This appeal is directed against the judgment dated 2.2.84 passed by the learned Sessions Judge, Udaipur, by which appellant Heeralal was convicted to imprisonment for life and a fine of Rs. 100/-.2. Briefly stated the fads of the case are that on 22.6.83 at 6 a.m. Bhagga (PW 3) lodged a report at Police Station, Kurawer to the effect that in the intervening night of 30th May, 1983 and 31st May, 1983, Bhera, while sleeping in the court-yard of his house was murdered by sword by Heeralal, his nephew and the eye witness to the occurrence was Vakti, wife of deceased Bhera.3. In the bus from which Bhagga had gone to Kurabad, Heeralal appellant was also travelling. At the instance of Bhagga he was apprehended by the police and was arrested vide memo Ex.P.7 At the time of his arrest he is said to be having a sword with him which the police took in possession. The shoes which Heeralal was wearing at the time of his arrest were also taken in possession by the police. SHO, Rag...
Bhik Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-03-1990
Reported in: 1990(2)WLN178
B.R. Arora, J.1. This appeal arises out of the judgment dated 7th of December, 1979, passed by Sessions Judge, Balotra by which the learned Sessions Judge convicted accused Bhiksingh Under Sections 325, 147, 447 and 323 IPC, and awarded a sentence of 3 years rigorous imprisonment and a fine of Rs. 700/- and in default of payment of fine to further undergo one year's rigorous imprisonment Under Section 325 IPC. A sentence of three months rigorous imprisonment and a fine of Rs. 100/- and in default of payment of finer, further 15 days' rigorous imprisonment Under Sections 147 IPC and a fine of Rs. 100/-and in default of payment of fine to undergo 15 days' rigorous imprisonment Under Section 447 IPC and a sentence of three years' rigorous imprisonment and a fine of Rs. 200/- was awarded Under Sections 323 IPC The other accused-appellant Jugatsingh. Amarsingh, Kheemsingh and Jagsirtgh were convicted Under Sections 325/149, 147, 447 and 323 IP Cand were sentenced to 2 years' rigorous impris...
Tarachand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-03-1990
Reported in: 1990(2)WLN157
B.R. Arora, J.1. This appeal is directed against the judgment dated 7th of December, 1979, and 14th of December, 1979, passed by the Sessions Judge, Jodhpur by which the learned Sessions Judge, convicted the appellant Tarachand Under Section 304 Part II IPC and awarded him a sentence of rigorous imprisonment of five years.2. The incident, which led to the prosecution of the present appellants along with Sohanlal and Munnalal, to place on 8th of August, 1979, According to the prosecution on the day of 'Raksha Bandhan' on 8th of August, 1979, 3 Hukamchand, accused Tarachand, and Munnalal, the brother Mohanlal P.W. 6 were plying kites on the roof their house. P.W. 2 Suraj Kanwar was also there on the roof. Hukam-chand cut the string of Manohar-Lai's kite, upon which. Manobarlal gave a fist blow to Hukam-chand and Hukam-chand, thereupon cried and on hearing the cried of Hukam-chand, his father Kishanlal, went upstairs reprimanded Manoharlal and sent Manobarlal his brother Tarachand and Mun...
United India Insurance Co. Ltd. Vs. Roop Kanwar and ors.
Court: Rajasthan
Decided on: Aug-01-1990
Reported in: 1991ACJ74
Milap Chandra, J.1. This appeal has been filed against the judgment of the Workmen's Compensation Commissioner, Jodhpur dated 16.2.1985 by which he has awarded Rs. 25,200/-as compensation and Rs. 12,600/- as penalty with interest at the rate of 6 per cent per annum from 23.3.1981. The facts of the case giving rise to this appeal may be summarised thus.2. Bhagwan Singh, husband of Roop Kanwar, respondent No. 1 and father of Sarwan Singh, respondent No. 2 and Keshaw Kanwar, respondent No. 3, was a cleaner in the truck No. RSN 5900, owned by Hari Singh, respondent No. 4. On March 23,1981, its driver Tulchha Ram took it to the workshop of Kasim Khan, PW 3 for certain repairs. When it was being put in the garage of the said workshop, its stone-pattis fell down over Bhagwan Singh. As a result thereof, he received serious injuries, he was immediately taken to Mahatma Gandhi Hospital, Jodhpur and he remained there for about four months for his treatment. On 8.7.1981, he filed a claim petition ...
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