Rajasthan Court July 1991 Judgments
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Siya Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-12-1991
Reported in: 1992(1)WLC352; 1991WLN(UC)348
G.S. Singhvi, J.1. The petitioner, who now stands retired from Govt. Service, has filed this writ petition challenging the order dated 28.1.75 (Ann. 28), order dated 29.11.77 (Ann. 29), order dated 18.10.79 (Ann. 31), and order dated 13.2.81 (Ann. 33).2. The first order is an order passed by the Director, Department of Ayurved. Govt. of Rajasthan Ajmer removing the petitioner from service on the basis of a Departmental Enquiry held against him in respect of the charge-sheet dt. 30.12.69. The second order is an order dismissing appeal of the petitioner. Third one is a communication regarding dismissal of review petition filed by the petitioner and the fourth order is also a communication regarding dismissal of his review petition.3. The charge sheet was served on the petitioner in the year 1962 vide notice dt. 1.11.62. It was superserded by another charge-sheet dt, 31.12.69 issued by the Director, Ayurved department. Enquiry proceedings were held in pursuance of charge-sheet dated 31.12...
Commissioner of Income-tax Vs. Associated Garment Maker
Court: Rajasthan
Decided on: Jul-09-1991
Reported in: (1991)97CTR(Raj)56; [1992]196ITR476(Raj)
M.B. Sharma, J.1. The Revenue not having succeeded under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act') before the Income-tax Appellate Tribunal, Jaipur Bench (for short, 'the Tribunal'), and the Tribunal having dismissed the application, has made this application under Section 256(2) of the Income-tax Act, 1961, with the prayer that the Tribunal may be directed to state the case and refer to this court the following questions of law for decision :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no error in the Income-tax Officer's order was pointed out by the Commissioner of Income-tax in his order under Section 263 of the Income-tax Act, 1961? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Commissioner of Income-taxhad no power under Section 263 of the Income-tax Act, 1961, to revise the order of the Income-tax Officer which was passed by him after ob...
The State of Rajasthan Vs. Moda Ram
Court: Rajasthan
Decided on: Jul-08-1991
Reported in: 1991(1)WLN358
N.K. Jain, J.1. This common judgment will decide both, the murder reference as well as the Criminal appeal filed by Moda Ram.2. The prosecution case is that Mana Ram and Moda Ram are brothers, sons of Bheru Ram, he has two more sons Harisingh and Jala Ram. The agricultural land is in the name of Bheru Ram and the partition had not take place but as Moda Ram wanted large share, relations between Mana Ram and Moda Ram were strained. The informant PW 5 Mana Ram has been living at Jamnagar for the last 4 years. His wife, 3 sons and one daugther have been living at Kundanpura. On the basis of information of Kesharam PW 6 that he saw Raju with Moda on 6.6.1989. PW 5 Manaram filed a written report Ex. P. 31 on 30.6.1989 at 6 A.M. which was reduced in writing as Ex. P. 7 alleging that on 6.6.1989, the appellant Modaram came to the residence of Mana, where his wife PW 8 Smt. Phuli and PW 9 Sheru were present. In their presence he allured his son Raju who was playing there, to leave with him to ...
Nawrang Singh Vs. Bhanwar Singh
Court: Rajasthan
Decided on: Jul-08-1991
Reported in: 1992(1)WLC383; 1991WLN(UC)386
Inder Sen Israni, J.1. The petitioner has filed an election petition challenging the election of respondent from Rajasthan Legislative Assembly Constituency No. 27, Navalgarh, the result of which was declared on March 1, 1990. The respondent has filed premlimiary objections regarding the maintainability of the petition.2. It is submitted by Shri V.K. Agrawal, learned Counsel that an affidavit filed alongwith the petition does not disclose the source of information as required by relevant provisions of CPC. Therefore, in eye of law no affidavit has been filed and thus the provisions of Section 83 of the Representation of People Act, 1951 (for brevity of 'Act, 1951') have not been complied with. It is also submitted that verification of the petition has not been done as required under Section 83 of the Act, 1951. It is also pointed out that material facts & material particulars as required under provisions of Section 83 of Act, 1951 have not been disclosed, therefore, no cause of action ...
Official Liquidator of Jaipur Spinning and Weaving Mills Ltd. (In Liqu ...
Court: Rajasthan
Decided on: Jul-05-1991
Reported in: [1991]72CompCas551(Raj); 1991(2)WLC134
M.B. Sharma, J.1. This order will dispose of a preliminary objection raised by non-petitioner No. 3, State Bank of India, Sanganeri Gate Branch, Jaipur, in additional pleas (para 1) that a court receiver has been appointed in the suit by the Bombay High Court and leave of the Bombay High Court has not been obtained for initiating the proceedings by the petitioner, official liquidator, against the receiver and the proceedings, therefore, are liable to be dismissed on this ground.2. In Company Petition No. 10 of 1980, this court had made an order that the company, Jaipur Spinning and Weaving Mills Pvt. Ltd. (In Liquidation), be wound up. The said order was made on December 2, 1983, and the official liquidator attached to this court was appointed as official liquidator of the company in liquidation. A vast chunk of land described in Schedules 1 and 2 to the annexures to the present application which is owned by the company in liquidation has been leased out to respondent No. 1, Podar Mill...
Sunil Mattad Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-05-1991
Reported in: 1991(2)WLN355
G.S. Singhvi, J.1. This writ petition involves interpretation of Rule 8(2) of the Rajasthan Recruitment of Dependents of Government Servants (Dying While in Service) Rules, 1975 (hereinafter referred to as the 'Rules').2. The petitioner's father Girdhari Lal was working as a Sub-Inspector in the Police Department of the Government of Rajasthan. He died on 28-2-1987 while he was in active government service. The petitioner, who is the eldest son of late Girdhari Lal, made an application in February, 1988 to the Director General of Police, Jaipur, for appointment on the post of Sub-Inspector, under the Rules. According to the petitioner, he possessed qualification of Graduation in Commerce and therefore, fulfilled minimum requirement for appointment on the post of Sub-Inspector as laid down in the provisions of the Rajasthan Police Subordinate Service Rules, 1974. The petitioner was subjected to physical fitness test in the Police Lines, before the Reserve Inspector, at Jaipur and his ap...
Dependra Nath Sharma Vs. University of Rajasthan, Jaipur
Court: Rajasthan
Decided on: Jul-04-1991
Reported in: AIR1992Raj68; 1991(2)WLN54
ORDERI.S. Israni, J.1. This petition has been filed with a prayer that order Annexure P-5 by which the petitioner's examination of 3rd Year B.E. V & VI Combined Semester (Back Paper) Examination 1979 has been cancelleddebarring him for subsequent examination, if it is held once a year or two subsequent examinations if the examination is held twice a year, be quashed and set aside.2. Briefly stated the facts of the petition are that, it is alleged that petitioner who is student of Malviya Regional Engineering College, Jaipur, was appearing in IIIrd Year V & VI Combined Semester (Back Paper) Examination, 1979 which was held on 18-4-80. While he was appearing in examination from 3.00 to 6.00 p. m. with permission of the Invigilator he went to Urinal. When he returned back he found certain professors and Invigilators, Shri K.K. Saxena and Shri C. L. Agrawal in the Examination hall. It is alleged that Shri Srinivasan obstructed the petitioner while he was proceeding back to his seat and cha...
Chaman Lal JaIn and anr. Vs. the State and anr.
Court: Rajasthan
Decided on: Jul-04-1991
Reported in: 1992CriLJ955; 1992(1)WLC76; 1991(2)WLN212; 1991(2)WLN259
V.S. Dave, J.1. This habeas corpus petition has been filed by the petitioners praying that the order granting remand to judicial custody to accused SVS Kuldeep Jain, Meethalal and Khajulal by the Chief Judicial Magistrate, Ajmer, be declared illegal and consequently the detention to be unlawful. They further prayed that they be directed to be released forthwith.2. The main ground of challenge is that mandatory provisions of Section 167(2), Cr. P.C. have been grossly violated and the order granting remand to judicial custody has been passed in the absence of any prayer by the police or production of the case diary. The petitioners' case is that the Station House Officer, Police Station Motidoongri, Jaipur submitted a written report at the said police station on 19-11-1990 on which F.I.R. No. 275/90 was registered against one Shri D.P. Gupta at whose residential place as well as business premises a search was carried out revealing a sizable stock of explosives. The case was registered fo...
State of Rajasthan Vs. Smt. Kamla W/O Late Shri B.S. Mathur
Court: Rajasthan
Decided on: Jul-02-1991
Reported in: 1991(2)WLN543
M.R. Calla, J.1. All these special appeals filed under Section 18 of the Rajasthan High Court Ordinance, 1948 are directed against the common judgment dated 29th September, 1989, whereby 10 writ petitions had been allowed by the learned Single Judge holding the petitioners (respondents herein) to be also entitled to the payment of proportionate pension in accordance with rules in relation to the period covering the period from the date the petitioners ceased to be in Government service and were permanently absorbed in the University till they attained the age of 55 years. In two out of these ten cases i.e. in the case, of Smt. Kamla wife of late Shri B.S. Mathur, and Smt. Kamla Sharma wife of late Shri K.C. Sharma, they had filed the writ petitions as legal representatives of their husbands who were also the persons belonging to the same category, as the other eight petitioners. The learned Single Judge gave further direction to the State Government to compute the said amount payable t...
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