Rajasthan Court January 1992 Judgments
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Shri Iqbal and ors. Vs. His Holiness Dr. Syedna Mohd. BarhanuddIn Saha ...
Court: Rajasthan
Decided on: Jan-20-1992
Reported in: 1992(2)WLC137; 1992(1)WLN511
N.K. Jain, J. 1. These are defendants' appeals against the order dt. 14.11.91 passed by the learned District Judge, Udaipur whereby he has allowed the plaintiffs' application dt. 20.5.85 for grant of temporary injunction under Order 39 Rule 1 and 2 read with 1 51 CPC and Order 41 Rule 1 CPC for appointment of receiver in a suit for declaration, possession and injunction.2. The relevant history which is necessary to understand the controversy is that the parties belong to Dawoodi Bohra community of 'Shia' sect. The appellants are progressive Jamat. The parties to the suit are 'Shia' Muslims in contrast to 'Shnni' Muslims. 'Shia' are those Muslims who after the death of prophet Muhammed Saheb attached themselves with, Ali, the son-in-law of the prophet, considering him to be the successor of the Prophet Muhammed Saheb both in religious and spiritual matters, whereas 'Sunni' Muslim believes that Abu Baker, the father-in-law of the Prophet is the successor of the prophet Muhammed Saheb. Fu...
Alcobex Metals (P) Limited Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-18-1992
Reported in: 1992(1)WLN36
B.R. Arora, J.1. The petitioner M/s Alcobex Metals (P) Ltd., Jodhpur, is engaged in the manufacture of copper and copper alloys pipes and tubes from the crude copper and copper alloys falling under Tariff Item No. 26-A (3) of the Central Excise and Salt Act, 1944. The petitioner purchased crude copper and copper alloys for the manufacturing of pipes and tubes, for which excise duty and auxilliary duty was paid. The Superintendent, Central Excise M.U.R. Jodhpur, on examination of the gatepasses of the petitioner company for the period since 1 -10-1975 to 17-6-1977, issued for clearing the copper and copper alloys tubes and pipes, noticed that wrong method of calculating the auxiliary duty has been applied by the petitioner, which has resulted in a short levy of auxilliary duty amounting to Rs. 7,60,106.81 p. The Superintendent, thereafter, issued four Show Cause Notices/Demand Notices calling upon the petitioner to show cause why the short- levied amount, mentioned in the notices/Demand...
S.N. Singh Vs. Rajasthan Atomic Power Project and anr. (70)
Court: Rajasthan
Decided on: Jan-17-1992
Reported in: (1994)ILLJ274Raj; 1992(3)WLC263; 1992(1)WLN24
Agrawal, C.J.1. his appeal has been filed by S.N. Singh against the judgment of the learned Single Judge dated August 5, 1982.2. S.N. Singh was employed in the Rajasthan Atomic Power Project, Rawat Bhata, Kota. On December 11, 1974, he along with several others, took out a procession shouting 'Enklab Zindabad, CITU Zindabad, Raju Zindabad, Project Allowance Katoti Vapaslo, Kala Adhyadesh Vapaslo.' An enquiry was initiated against the appellant and others for having participated in the act of indiscipline which amounted to misconduct. The Enquiry Officer found the charges established which were as follows:'Article -- IThat the said Shri S.N. Singh, T/Man 'D'O & M Section led a procession of employees on 11th December, 1974 at about 1200 Mrs. from near the Switchyard to Old Administration Block shouting slogans. Shri S.N. Singh is, therefore, charged for leading a procession and shouting slogans thereby causing disturbance in the working of other sections in the plant side which is a pro...
G.M., Lake Palace Hotel and ors. Vs. Ranjit Singh
Court: Rajasthan
Decided on: Jan-17-1992
Reported in: (1993)IILLJ1098Raj; 1992(3)WLC96; 1992(1)WLN541
Balia, J.1. This Special Appeal arises out of the order passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No. 3611/1988 on 25th January 1991 reported in 1992 II CLR 552.2. Brief facts giving rise to this appeal are that Lake Palace Hotel and Motel (Pvt.) Ltd., Udaipur owns the Lake Palace Hotel situated at Udaipur. Respondent Ranjit Singh was employed as Steward-cum-Dining Supervisor in the services of the above named Hotel drawing a monthly salary of Rs. 926.85 when his services were terminated by order dated 13th August, 1983. Aggrieved with the termination order, the respondent approached prescribed Authority under the Rajasthan Shops and Commercial Establishments Act., Udaipur by making a complaint in writing in the prescribed manner under Section 28A of the Rajasthan Shops and Commercial Establishments Act, 1958, hereinafter called as 'the Shop Act'. A preliminary objection was raised before the Prescribed Authority about its jurisdiction to entertain th...
ishq Mohd. Vs. State
Court: Rajasthan
Decided on: Jan-15-1992
Reported in: 1992(1)WLN18
K.C. Agrawal, C.J.1. This appeal is directed against the judgment of learned Single Judge, dismissing the writ petition of the appellant holding the same to have no merits.2. On 22.11.75 the appellant was served with a chargesheet and statement of allegations. Thereafter, an enquiry was conducted against him, followed by a show cause notice which was served on 25.4.78. the appellant gave a reply. The disciplinary authority found the charges established against him, on the basis of his statements which were recorded on 18.12.78 and after perusal of document. He was thereafter, dismissed from service as per the show cause notice. He filed an appeal against the order of punishment dated 28.5.79. The appeal was time barred by 18 days. The appeal was dismissed on August 2, 1980 on the ground of limitation. Against the said order, the petitioner came to this Court by means of a writ petition. The learned Single Judge held that delay in filing the appeal under Rule 23 of the Rajasthan Civil S...
Shish Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-14-1992
Reported in: 1992(1)WLN187
Rajesh Balia, J.1. Petitioner was appointed on the post of Lower Division Clerk after a Selection by order dated 24-3-1988 (Annex.P/1) in the office of the Bal Vikas Pariyojna Adhikari, Sri Doongargarh in the first instance for a period of three months, In pursuance of the said order, the petitioner joined on 29th March, 1988. The petitioner thereafter was allowed to work on the post according to him upto 6th October, 1989 and by 7th Oct. 1989, he was told orally that his services are not being extended after 13-9-1989. The petitioner has also stated that during this period, following breaks were also given in his service: 29-6-88 to 5-7-88, 1-10-88 to 26-10-88, 28-11-88 to 5-12-88, 1-3-89 to 8-3-89, 10-6-89 to 14-7-89 and 15-8-89 to 17-8- 89. In support of his averments, the petitioner has produced the letter dated 21-9-1989 (Annex. P.11), issued by the Bal Vikas Pariyojna Adhikari, Sri Doongargarh to the Regional Dy. Director, Bal Vikas, Churu giving details about the petitioner's wo...
Bagirath Singh Vs. State
Court: Rajasthan
Decided on: Jan-13-1992
Reported in: 1992CriLJ3934
ORDERR.S. Verma, J.1. Since a very short point is involved, I have heard the matter finally at the admission stage itself.2. The facts before me are not in dispute. At the relevant period, Shri Rajendra Singh Rathore was posted as Munsif & Judicial Magistrate, First Class at Bar. Since no residential government accommodation was available at Bar, he used to stay at this Dak Bungalow, Bar. On 29-12-87, Shri Rathore went away on leave to his home village. While leaving for his village, he left his household effects in Room No. 1 of the Dak Bungalow and locked the same. He handed over the key of the room to his peon Pramod Kumar. When Shri Rathore was away from Bar, the petitioner who was junior engineer incharge of the Dak Bungalow got the lock of the room broken; he shifted the luggage of Shri Rathore to some other room and left the same in charge of the chowkidar of the Dak Bungalow. This was so done because some senior officials of the P.W.D. were likely to visit Bar and the room was ...
Om Prakash Vs. Regional Transport Authority
Court: Rajasthan
Decided on: Jan-13-1992
Reported in: 1992(1)WLN12
B.R. Arora, J.1. The petitioner, by this writ petition, has prayed that the Regional Transport Authority, Bikaner, may be restrained from considering, granting or issuing any permit on Suratgarh to Chhattargarh existing route via 236 R.D. or its portion thereof.2. The petitioner is an existing operator on Suratgarh to Chhattargarh via 236 R.D. existing route in Bikaner Region and is a holder of non-temporary stage carriage permit covered by bus No. RNC 9536. The case of the petitioner is that in view of the provisions of Section 80(2) of the Motor Vehicles Act, 1988, the respondent will grant permit on the existing routes to numberless persons, which will result in uneconomic competition. The other ground, on which the grant of permit has been challenged, is that the route in question over-laps the notified route about 15 kms. in length.Heard learned Counsel for the parties.3. The only contention, raised by the learned Counsel for the petitioner, is that portion of this route overlaps ...
Manoj Kumar and anr. Vs. State Transport Appellate Tribunal and ors.
Court: Rajasthan
Decided on: Jan-13-1992
Reported in: 1992(1)WLN13
B.R. Arora, J.1. The petitioners, by this writ petition, have challenged the order dated October 11, 1991, passed by the Member, State Transport Appellate Tribunal, Rajasthan, Jaipur, by which the operation of the order dated August, 1, 1991, passed by the Regional Transport Authority, Bikaner, granting non-temporary stage carriage permit in favour of the petitioners on Suratgrah- Mile 80 route was stayed.2. The petitioners were granted non-temporary stage carriage permits on Suratgarh -Mile 80 via Piperan-236 R.D.-Bhopalpura etc. route by the Regional Transport Authority, Bikaner, by its order dated August 1, 1991. In pursuance to the order dated August 1, 1991 Annexure.4 on record), the petitioners obtained the permit and started plying their vehicles. Against the order dated August 1, 1991, passed by the Regional Transport Authority, Bikaner, Ram Kumar (the respondent No. 3) preferred a revision petition before the State Transport Appellate Tribunal, Rajasthan, Jaipur. Alongwith the...
Smt. Lacha Devi Vs. State Transport Appellate Tribunal and ors.
Court: Rajasthan
Decided on: Jan-13-1992
Reported in: 1992(1)WLN16
B.R. Arora, J.1. The petitioner, in this writ petition, has challenged the order dated September 6, 1991, passed by the State Transport Appellate Tribunal, Jaipur, by which the learned Member of the Tribunal restrained the petitioner from operating the bus covered with the permit granted to her by the Regional Transport Authority, Ajmer, by its Resolution dated June 29, 1991, on Nagaur-Merta via Kuchera route.2. The petitioner was granted a non-temporary stage carriage permit by the Regional Transport Authority, Ajmer, on April 29, 1991, on Nagaur-Merta via Kuchera route. This grant of permit in favour of the petitioner was challenged by one Surajbhan Singh before the State Transport Appellate Tribunal, Rajasthan, Jaipur. Alongwith the revision petition, an application for stay of the operation of the order dated June 29, 1991, was, also, preferred and on that stay application, the learned Member of the State Transport Appellate Tribunal, Jaipur, restrained the petitioner from operatin...
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