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Rajasthan Court January 1992 Judgments

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Jan 23 1992

Fatehlal S/O Ratanlal Ranka Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-23-1992

Reported in: 1992CriLJ2233; 1992(1)WLC378; 1992(1)WLN174

R.S. Verma, J.1. Heard learned counsel for the parties and perused the record of the learned courts below.2. The facts in this case are not in dispute. On 31-12-75 at 12-15 p.m. Food Inspector Kaushal Kishore purchased 450 gms. of Coriander (Dhania) powder for analysis on due payment of price. The sample taken by the Food Inspector was duly sealed and was sent to the Public Health Laboratory, Udaipur for examination. The public analyst vide report Ex. P. 5 found that the sample of coriander powder was adulterated due to presence of 'haldi' powder. The learned courts below accepted this report and the petitioner was convicted of offence Under Section 7/16 of the Prevention of Food Adulteration Act (for short 'the Act'). The petitioner was sentenced to undergo R.I. for six months and to pay a fine of Rs. 1000/- and in default to undergo further R.I. for 1 1/2 months. The learned counsel for the petitioner does not challenge the aforesaid concurrent findings of the learned courts below bu...


Jan 22 1992

Vinay Mertia Vs. University of Jodhpur

Court: Rajasthan

Decided on: Jan-22-1992

Reported in: 1992(1)WLN64

B.R. Arora, J.1. The petitioner, who was a student of LL.B. Part II Year in the University of Jodhpur, during the academic year 1989- 90 appear in ll-year LL.B. examination. He obtained 271 marks in all and got only 10 marks in Paper-V pertaining to the subject 'Jurisprudence and Comparative Law' and was declared eligible for supplementary examination in Paper V. The petitioner appeared in the supplementary examination and secured 40 marks and, therefore, he was declared 'failed'. According to the petitioner, the supplementary examination of LL.B. Part II alongwith other examinations is governed by Ordinance 174 of the Ordinance, according to which a candidate to be declared passed, has to obtain only 36% marks and required to secure 48% marks in aggregate. The case of the petitioner further is that the Course Committee, in its meeting held on March 13, 1989, vide item No. 11, resolved that if a candidate has obtained 36% marks in the supplementary examination and after adding these ma...


Jan 22 1992

Kartar Singh Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Decided on: Jan-22-1992

Reported in: 1992(1)WLN92

A.K. Mathur, J.1. Petitioner by this writ petition has challenged the orders dated 31.7.78 (Anx.3 D), 16.7.80 (Anx.4) and 16.12.80 (Anx.5).2. Brief facts which are necessary for disposal of this writ petition are that one Shri Narain Singh son of Shri Tek Singh migrated to India from Pakistan after leaving his agricultural property there. He had a verified claim No. R/GN/1788-R ledger A/C 106/V-TLA entitling him to allotment of 9 standar acres and 10-11/10 units to one square i.e. 25 bighas. Narain Singh got the land allotted in village khakhawali, Tehsil Fazilka District Ferozpur in the Punjab against the aforesaid claim. Narain Singh got alloted 25 bighas of the land comprising in Murabba No. 30 in Chak No. 38 P.S. Tehsil Raisinghnagar by cancelling the fact of allotment in his favour in Punjab. The respondents Anokh Singh and Bahal Singh sons of Narain Singh simultaneously got alloted 25 bighas of land each comprising Murabba Nos. 20 and 29 in the said village although they did not ...


Jan 22 1992

Bheru Singh and ors. Vs. Rajasthan State Electricity Board and ors.

Court: Rajasthan

Decided on: Jan-22-1992

Reported in: 1992(1)WLN68

B.R. Arora, J.1. The petitioners, who are the agriculturists and are in residents of village Asawari, tehsil and district Nagaur, by this writ petition, have prayed that 33-KV Power Station should be installed at village Asawari, and the respondents may be directed | to connect the petitioners' electric connections on the tube- wells with the same. It has, also, been prayed that the respondents may be restrained from issuing any additional connection to new consumers and in the alternative, the petitioners' prayed is that the respondents may be directed to connect the petitoners' tube-wells with the 33-KV Power 1 Station of village Asop.2. The petitioners' case is that in order to irrigate their fields, they got their wells sunk in their agricultural land and obtained the electric connection from the respondent Rajasthan State Electricity Board and fitted the submercible pumps of 20 to 30 H.P. They are getting the electric supply from the transformer of 33-KV (CSS) situated at village ...


Jan 22 1992

Abdul Gafoor Vs. Regional Transport Authority and ors.

Court: Rajasthan

Decided on: Jan-22-1992

Reported in: 1992(1)WLN28

B.R. Arora, J.1. This writ petition is directed against the Resolution dated October 5, 1991, passed by the Regional Transport Authority, Ajmer Region, Ajmer, by which the Regional Transport Authority, Ajmer, granted one temporary stage carriage permit in favour of the respondent No. 2 Kailash Chand on Mohanpur to Baneda via Mandalgarh, Triveni Chauraya, Bigod, Kotadi etc. route.2. The case of the petitioner is that three stay orders were passed by the High Court restraining the Regional Transport Authority, Ajmer Region, Ajmer, to grant or issue permit on Shahpura to Mandalgarh via Amli, Bisnia, Kotai, Bigod, Triveni Chauraya, Devisinghji Ka Khoda, Kanchrol, Hoda existing route or the portions thereof, but inspite of that, the Regional Transport Authority considered the application of the respondent No. 2 Kailash Chand and granted and issue one temporary stage carriage permit on Mohanpura to Baneda route via Mandalgarh, Triveni Chauraya, Bigod, Kotadi etc. The case of the respondent N...


Jan 22 1992

R.S.E.B. Retired Employees Association and anr. Vs. the Rajasthan Stat ...

Court: Rajasthan

Decided on: Jan-22-1992

Reported in: 1992(3)WLC33; 1992(1)WLN166

Rajesh Balia, J.1. Only question raised in aforesaid petition is whether members of petitioner association are entitled to exercise their option for pension and other pensionary benefits in response to memorandum dated 17.10.1987 issued by the Govt. of Rajasthan (Ex.27).2. Aforesaid petition has been filed by the Rajasthan State Electricity Board Retired Employees Association, Jodhpur and another representing the interest of certain retired employees of the Rajasthan State Electricity Board, list of which has been attached as Schedule 'A' to the writ petition. All these persons named in the Schedule 'A' were employees of the Electrical and Mechanical Department of Govt. of Rajasthan when they were placed at the disposal of the Rajasthan State Electricity Board vide order dated 12.2.1958 (Ex.1). All the incumbents, named in Schedule 'A' are stated to be employees who were members of the Jodhpur State Contributory Provident Fund at the time of their entry into service for the purposes of...


Jan 21 1992

Sikar Kendriya Sahkari Bank Ltd. Vs. Prescribed Authority and ors.

Court: Rajasthan

Decided on: Jan-21-1992

Reported in: (1993)IILLJ961Raj

G.S. Singhvi, J. 1. In both these writ petitions a common question of law about the applicability of the Rajasthan Shops and Commercial Establishment Act, 1958 to the employees of the petitioner Bank, is involved and, therefore, I have considered it proper to dispose them of by a common order.2. Briefly stated the facts of Writ Petition No. 4088/89 are that the non-petitioner No. 2 filed an application before the Prescribed Authority, Rajasthan Shops and Commercial Establishments Act, 1958 for Sikar District on March 30, 1989 alleging that he was in the employment of the Sikar Central Co-operative Bank Ltd. (hereinafter referred to as the 'Petitioner Bank'), w.e.f. January 1, 1979. He had remained posted as Manager and there was no complaint against his work. He was removed from service on March 8, 1989 without any notice and without payment of salary in lieu of notice. No enquiry was held against him before termination of service and no opportunity of hearing was afforded to him. He c...


Jan 21 1992

Rajasthan Prathmik and Madhymik Shishak Sangh Vs. State of Rajasthan a ...

Court: Rajasthan

Decided on: Jan-21-1992

Reported in: 1992(1)WLN90

J.R. Chopra, J.1. The short controversy involed in this writ petition is that the petitioners are untrained Ill-grade teachers. They were getting the minimum pay of Rs. 105/- in the Rajasthan Civil Services [New Pay Scales) Rules 1969. When the Rajasthan Civil Services (Revised New Pay Scales) Rules, 1976 (for short the Rules) came, into force, these untrained teachers who were already in service and were getting a fixed salary of Rs. 105/- were fixed at the minimum of the pay scale i.e. at Rs. 300/-. It was further provided that those teachers who were freshly recruited and have not acquired the degree of B.Ed, or any equivalent degree will be fixed at the minimum of the pay scale of Rs. 300/-but those who were freshly recruited but are trained i.e. if they have acquired the degree of B.Ed. or Shiksha Shastri or any other degree which is treated as equivalent to B.Ed. will be fixed at Rs. 375/-. It Was provided in the Rules that those persons who are continuing in service as untrained...


Jan 21 1992

Sikar Kendriya Sahkari Bank Ltd. Vs. Prescribed Authority, Under the R ...

Court: Rajasthan

Decided on: Jan-21-1992

Reported in: 1992(1)WLC452; 1992(1)WLN500

G.S. Singhvi, J.1. In both these writ petitions a common question of law about the applicability of the Rajasthan Shops and Commercial Establishment Act, 1958 to the employees of the petitioner Bank, is involved and, therefore, I have considered it proper to dispose them of by a common order.2. Briefly stated the facts of Writ Petition No. 4088/89 are that the non-petitioner No. 2 filed an application before the Prescribed Authority, Rajasthan Shops and Commercial Establishment, Act, 1958 for Sikar District on 30-3-89 alleging that he was in the employment of the Sikar Central Cooperative Bank Ltd. [hereinafter referred to as the 'Petitioner Bank'), w.e.f. 1-1-79. He had remained posted as Manager and there was no complaint against his work. He was removed from service on 8-3-89 without any notice and without payment of salary in lieu of notice. No enquiry was held against him before termination of service and no opportunity of hearing was afforded to him. He claimed that the provision...


Jan 20 1992

Dr. Kailash Bhandari Vs. State

Court: Rajasthan

Decided on: Jan-20-1992

Reported in: 1992(1)WLN27

Rajesh Balia, J.1. The petitioner was granted Study Leave for pursuing post-graduation in M.S. (General Surgery) in R.N.T. Medical College, Udaipur vide order dated 5.8.1985 as an in service candidate. The only question which arises for consideration in this case is whether the petitioner is entitled to be treated on deputation for the period covered by study leave for doing post-graduation in M.S. (General Surgery).2. No reply has been filed, it is stated by both the learned Counsel for the parties that the matter is squarely covered by number of decisions given by this Court , including the decision given in S.B. Civil Writ Petition No. 72 of 1983-Dr. P.M. Bhandari v. State of Rajasthan and Ors.; decided on August 1,1988 wherein, while allowing the writ petitions of Dr. Bhandari and connected writ petition of Dr. Patwa, it was observed by this Court that the respondents are directed to give a similar treatment to the petitioner and other persons who are similarly situated so as not t...


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