Rajasthan Court November 1992 Judgments
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Chhoga Lal Vs. Legal Representatives of Deceased Keshav Lal and anr.
Court: Rajasthan
Decided on: Nov-11-1992
Reported in: 1993(1)WLC349; 1992(2)WLN232
B.R. Arora, J.1. Appellant Chhoga Lal and respondent Ganesh Mal were the partners in a business firm M/S Ganesh Mal Bhagwanji and Company, Sumerpur. Dispute arose between the two partners Chhoga Lal and Ganesh Mal and both the partners, on August 13, 1961, vide Ex. 2, agreed to refer the dispute to the Arbitration of Shri Dhan Raj. Shri Dhan Raj gave his Award on November, 3, 1961, and in token of the receipt of the Award, got the signatures of Ganesh Mal and Chhoga Lal appended on the Award EX. 1. Dhan Raj. the Arbitrator on May 25, 1966, filed the Award in the Court of the Additional District Judge, Sirohi Notices of this Award were issued to Ganesh Mal and Chhoga Lal. On August 18, 1966, Ganesh Mal appeared in the Court of the learned Additional District Judge, Sirohi, and filed the reply, accepting the Award. Chhoga Lal, also, appeared on the same day and filed reply raising certain objections regarding the validity of the Award. On March 15, 1972, Chhoga Lal again filed an amended...
Ram Chandra Swami and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-11-1992
Reported in: 1992(3)WLC407; 1992(2)WLN419
R.S. Verma, J.1. This writ petition apparently raises a very minor and insignificant controversy. However, a false step by this Court here or there may lead to grave and serious evil consequences resulting in irremediable damage to the 'Child' of the State, the future citizen and indeed a sacred charge entrusted to the care and custody of the Nation. Hence, this short preface to put the controversy in a clearer perspective.2. Primary Education in Rajasthan has two distinct sectors. The urban sector in looked after by the Director of Primary & Secondary Education, under whose control and supervision are run Government primary schools in cities and towns of the State. The rural sector of primary education is controlled and supervised by the various Panchayat Samities. For Panchayat Samities in a district, there is a statutory autonomous body known as District Establishment Committee (for short DEC) which recruits primary schools teachers and after initial recruitment allots them to vario...
Raijulla Khan Vs. the Chairman, Raj. Board of Muslim Waqf and anr.
Court: Rajasthan
Decided on: Nov-09-1992
Reported in: 1992(2)WLN175
Jas Raj Chopra, J.1. By this writ petition, the petitioner challenges his suspension order Annex. 3 dated 15.5.1992. He was working as Mutwalli of Masjid Mir Faiyaz Ali known as 'Miya Ki Masjid'. It is said that this Masjid was built up by his forefathers and he was its hereditary Mutwalli. Earlier, his forefathers were Mutwalhes. Before him, his father Intasabulla Khan was the Mutwalli and later he became the Mutwalli. He has been paying the Board's share regularly and, therefore, there was no reason to suspend him from the post of Mutwalli. Earlier to his suspension, he for sometime took the cooperation of some persons but later when they tried to take undue advantage of their cooperation and tried to realise the Waqf's income and divert it to their pockets, he filed a civil regular suit for perrnanent injunction in the Court of Munsif City, Jodhpur bearing No. 147/1990 Rajasthan Board of Waqf etc. v. Mohd. Harun etc. in which a temporary injunction was granted in favour of the petit...
Prabhu Ram Choudhary Vs. the University of Jodhpur
Court: Rajasthan
Decided on: Nov-09-1992
Reported in: 1992(3)WLC427; 1992(2)WLN331
Jas Raj Chopra, J.1. This writ petition is directed against the order of the University of Jodhpur, Jodhpur Annex. 4 dated 31.7.1989 whereby the petitioner's examination of B.A. Final for the year 1989 was cancelled and he was debarred from appearing at any subsequent examination of 1989. However, he was allowed to appear at the 1990 examination as Ex or private student if he so desired. Petitioner challenges this order through this writ petition. The contention of the petitioner is that he was student of the University of Jodhpur as it then was because now the name of the University of Jodhpur has been changed to Jai Narain Vyas University of Jodhpur. He was student of B.A. Final. He appeared in B.A. Final Examination, 1989 with Roll No. 1%. On 16.4.1989, when the petitioner was attempting the question paper of Sociology I in S.M.K. Hall Examination Centre at about 10.10 A.M. when the petitioner was about to finish his question paper, members of the Flying Squad came in the examinatio...
Jagtar Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-06-1992
Reported in: AIR1993Raj47; 1993(1)WLC482; 1992(2)WLN387
ORDERK.C. Agrawal, C.J. 1. This petition under Article 226 of the Constitution has been filed for writ of prohibition, directing the respondents not to interfere in its plying of the motor vehicle on the nationalised route as well as on non-nationalised, for which the petitioner-firm had a permit, and as such, the respondents were liable to be restrained from in any way interfering with the said right.2. The petitioner claims that unjustifiably and illegally the policemen and transportauthorities were interfering with plying of the vehicles, by checking in the night and arbitrarily asking the passengers to vacate the buses, as a result whereof, the petitioner-firm suffered its business. 3. The petitioner alleged that it held one non-temporary stage carriage permit, being permit No. 78/782 validly renewed up to 31-1-93 covered by vehicle No. RNJ 7697, Model 1985. Formerly, when the petitioner applied for a permit being granted to it, to ply the aforesaid vehicle, the Regional Transport ...
Ram NaraIn Vs. Additional Collector Cum Secrejtary and ors.
Court: Rajasthan
Decided on: Nov-06-1992
Reported in: 1992WLN(UC)573
A.K. Mathur, J.1. This writ petition as well as the writ petitions mentioned in Schedule A appended to this Order involve common question of law and fact, therefore, they are disposed of by this common order.2. For the convenient disposal of these writ petition, the facts given in the case of Ram Narain v. Additional Collector-cum-Secretary, Mandi Samiti, Hanumangarh and Ors. (S.B. Civil Writ Petition No. 2165 of 1987), are taken into consideration:3. The petitioner by this writ petition has prayed that by an appropriate writ, order or direction, the respondent No. 1 may be restrained from demolishing and dismantling the house of the petitioner situated in square No. 32/390 at Suratgarh.4. The brief facts which are necessary for the disposal of this writ petition are that the petitioner did not possess any accommodation to live and he could not get any land allotted for the purpose of construction of his house. The petitioner occupied a portion of the land situated in square No. 32/390...
Birla Jute and Industries Limited Vs. Civil Judge and ors.
Court: Rajasthan
Decided on: Nov-05-1992
Reported in: AIR1993Raj73; 1993(1)WLC523; 1992(2)WLN392
ORDERK.C. Agrawa, C.J.1. This petition, under Article 226 of the Constitution, has been filed by the Birla Jute and Industries Ltd., for quashing of the order of the Civil Judge, Chittorgarh, dated 15-4-89 in Civil Misc. Case No. 1/88, and the award given by the Collector. The prayer made is further that the Collector be directed to determine the amount of compensation afresh.2. Birla Cement Works is a Unit of Birla Jute & Industries Ltd.. a Company incorporated under the Indian Companies Act, 1956, having its registered office at Calcutta.3. The petitioner-Company required material for the manufacture of cement which is excavated from the land which is taken over by the Company, under Section 89(4) of the Rajasthan Land Revenue Act, 1956. The petitioner-Company, made an application to the Collector, for handing over possession of the land by dispossessing respondents Nos. 3 and 4, to whom the same belonged. The application was contested by respondent No. 3, protesting against the acqu...
Dr. Gop Ramchandani Vs. Onkar Singh and ors.
Court: Rajasthan
Decided on: Nov-05-1992
Reported in: 1993ACJ577
S.N. Bhargava, J.1. These three appeals arise out of a common order dated 31.12.1990 passed by the Judge, Motor Accidents Claims Tribunal, Jaipur and, therefore, are being disposed of by this common judgment.2. The facts as mentioned in the memo of appeal are that on 17.11.1985 at about 5 p.m., Dr. Gop Ramchandani (claimant) was going to S.M.S. Hospital, Jaipur, for his duty, on the scooter. A car bearing registration No. RST 364 owned by Manju, which was insured with the New India Assurance Co. Ltd., Jaipur and which was being driven rashly and negligently by Onkar Singh s/o Dool Singh, hit the scooter of the claimant. He was dragged for about 25 feet which resulted in serious injuries on different parts of his body, with the result that the left leg of the claimant had to be amputated. The claimant filed a claim petition before the Motor Accidents Claims Tribunal, Jaipur (hereinafter referred to as 'the Tribunal'), claiming a sum of Rs. 12,80,000/- as compensation. Since, according t...
Narendra Kumar and anr. Vs. Ram Prasad Sharma and ors.
Court: Rajasthan
Decided on: Nov-05-1992
Reported in: 1993ACJ751; 1993(1)WLC4
S.N. Bhargava, J.1. All these appeals arise out of an accident and involve common questions of law and, therefore, are being disposed of by this common judgment.2. On 9.6.1987, Faizan Varis Farooqui, Asir Ali, Sajid, Nausad Ali, Vishnu Sharma and Natwar Lal were going from Ajmer to Jaipur in a taxi car No. RST 1018. The said taxi met with an accident at about 1 a.m. on 10.6.1987 at village Datari, near Dudu on Jaipur-Ajmer Road, National Highway No. 8, when truck No. DEL 3065 came from the opposite direction and hit the aforesaid car. The truck was being driven rashly and negligently while the car was going on its side and was not at fault. As a result of the accident, all the six persons named above as also the driver of the car sustained grievous injuries and died at the spot, except Vishnu Sharma who died after being brought to S.M.S. Hospital, Jaipur. Six claim petitions were filed by the legal representatives/dependants of the deceased persons before the Motor Accidents Claims Tri...
Hazari Lal Soni Vs. Union of India and Others.
Court: Rajasthan
Decided on: Nov-05-1992
Reported in: (1994)120CTR(Raj)383; [1994]208ITR365(Raj); [1994]70TAXMAN383(Raj)
ORDER UNDER S. 132(1)--Detailed notes prepared on basis of information and inquiries conducted before order--Requirements of s. 132(1) satisfied--Search and seizure valid.HELD :The officer has recorded that he has reason to believe as required under s. 132(1) and the matter appears to have been examined in detail and there was an informer who had approached the income-tax authorities and had given information in respect of possession by the petitioner and other members of the family of assets which were not allegedly disclosed and has also given the details of gold, silver and cash which were likely to be found to be possessed by the petitioner and others in case a search was conducted. Detailed note was prepared in respect of the informations which had been received and inquiries were conducted and also in respect of returns which were filed by various firms of the family of the petitioner, and taking into consideration the status of the petitioner and other members of the family and ...
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