Rajasthan Court February 1992 Judgments
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Sunil Kumar Vs. State
Court: Rajasthan
Decided on: Feb-13-1992
Reported in: 1992(1)WLN255
R. Balia, J.1. The petitioner was appointed as daily rated Junior Assistant on 1.12.1986 in Rajasthan Financial Corporation, Sirohl on which post he continued to function on 9.5.1988. By order dated 9.5.88 petitioners, services were terminated without any notice and without any compensation. The petitioner, challenges action of the respondent terminating petitioner's services on two fair grounds:2. Firstly, it is contended that Respondent Corporation being an industry within the meaning of this Section 2(j) of the Industrial Disputes Act, 1947 and petitioner being a workman under Section 2(s), he is entitled to benefit of provisions of Industrial Disputes Act. Since, he was in the services of the respondent continuously for the period of more than one year, his services could not have been terminated without complying with the pre-conditions of valid retrenchment under Chapter V-A of the Industrial Dispute Act. He has neither been given a notice of one month as required under Section 2...
Hari Ram Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-13-1992
Reported in: 1992(1)WLN259
Kanta Bhatnagar, J. 1. In this writ petition under Article 226 of the Constitution of India, petitioner Hari Ram has assailed the Order Annexure 1 5, dated November 9,1981 by which after his retirement, enquiry was ordered to be initiated under R.170 of the Rajasthan Service Rules, 1951 (for short the R.S.R,' hereinafter) and Chairman Board of Revenue, Ajmer was appointed as Disciplinary Authority. He has also challenged the chargesheet Annexure-3, statement of allegations Annexure-4 and the Notice Annexure-2 on the ground that there being no allegations against him for causing any pencuniary loss to the Government on account of any act or omission on his part, all these proceedings initiated after his retirement are invalid and the orders referred to above deserve to be quashed.2. The petitioner being in the cadre of Rajasthan Tehsildar Service was working as Assistant Settlement Officer when he was retired on January 30,1981. After a few months, it was proposed to take the proceeding...
Bhatu @ Bharat Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-13-1992
Reported in: 1992(1)WLN256
Milap Chandra Jain, J.1. These appeals have been filed against the judgment of the learned Sessions Judge, Banswara dated December 17, 1990 by which he has convicted the accused-appellant under Section 302, I.P.C. and sentenced him to undergo life- imprisonment and to pay fine of Rs. 100/- and in default to further undergo rigorous imprisonment for two months. ,2. The prosecution case may be summarised thus. On March 14, 1987 at 4.15 P.M. Hari Ram Darjee P.W.-3 lodged F.I.R.Ex.P/3 in the Police Station Gharhi (Banswara) that at about 1 P.M. the same day he was working in his shop, he heard hue and cry coming from the side of his house, he proceeded towards it, there he saw Moti Singh [deceased) lying on the ground, the accused-appellant Bhatu @ Bharat Kumar had pressed his (Moti Singh's) neck, he was giving fist blows on his abdomen and telling him [Moti Singh) that he had falsely implicated his brother in a police case and he would kill him. After much efforts, he rescued Moti Singh f...
Laxman Ram Vs. Superintendent of Police and anr.
Court: Rajasthan
Decided on: Feb-13-1992
Reported in: 1992(1)WLN270
Rajesh Balia, J.1. Petitioner has applied for appointment as Constable in pursuance of advertisement issued by the respondents inviting applications for appointment at Bikaner division. Petitioner was successful and his name was included in the panel of successful candidates at item No. 15 vide order dated 25/11/1989 (Annex.2) However, when the verification of the character was made, it was found that a case under Sections 147, 148 and 323 I.P.C. in M.J.M. Court, Nokha was pending against the petitioner. In view of this information, petitioner was not offered appointment and his name was removed from the select list vide order dated 25/11/1989 (Annex.2). Petitioner has challenged that order contending that on the date of alleged incident, in respect of which a criminal case was pending he was present in the School and a Certificate to that effect from the Headmaster, obtained on 27.11.1 989 has been produced. It was contended by the learned Counsel for the petitioner that petitioner's ...
Moola Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-13-1992
Reported in: 1992(1)WLN262
Milap Chandra Jain, J.1. This appeal has been filed against the judgment of the learned Sessions Judge, Jalore dated March 30, 1984 by which the accused appellant has been convicted under Sections 302 and 449, I.P.C and sentenced to undergo imprisonment for life and five years and to pay fine of Rs. 200/- and 100/- respectively and in default of payment of fine to further undergo rigorous imprisonment for one month.2. The prosecution case may be summarised thus. During the night intervening 11th and 12th August, 1983, Bhura (deceased) came to the hut of his brother Okha P.W.1 and inquired from him whether his brother Moola (accused-appellant) had come to his hut, he denied, on search with the help of a lighted match stick he (accused) was found sleeping under Okha's cot and thereon he ran away. After Okha's protest with his father Narain his brothers Amra P.W.6 and Achla P.W.-7 came to his hut. While Okha P.W. 1, Bhura (deceased), Amra P.W.6 and Achla P.W.7 were talking, the accused Mo...
Ghanshyam Lal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-12-1992
Reported in: 1992WLN(UC)22
Rajesh Balia, J.1. While the petitioner was working as Upper Division Clerk in Printing and Stationery Department, Government of Rajasthan, there shortage of stationery worth Rs. 25,026.82 was found in the Government Press, Udaipur, where the petitioner was working. Vide order dated 5.8.1974 Ex. 2, the petitioner was placed under suspension in contemplation of disciplinary proceedings against him under Rule 16 of the Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the C.C.A. Rules') on 13th July, 1975. The petitioner was served with a charge-sheet and statement of allegations. While the inquiry was under progress, a criminal case was also registered against the petitioner in respect of the same charges and the trial in this connection is pending in the court of Judicial Magistrate, Udaipur. The petitioner represented vide his application dated 10.10.1984 that till the criminal proceedings in the court of Judicial Magistrate, Udaipur...
State Vs. Bugga Singh and anr.
Court: Rajasthan
Decided on: Feb-12-1992
Reported in: 1992WLN(UC)549
K. Bhatnagar, J.1. This writ petition filed under Article 226 of the Constitution of India has been directed against the judgment dated 4.9.1980 and order dated 27.1.1981 passed by the learned Member of the Board of Revenue for Rajasthan, whereby, he dismissed the reference submitted by the Additional Collector (Vigilence), Sri Ganganagar, under Section 232 of the Rajasthan Tenancy Act, 1955 (in short the Act) and rejected the review petition filed on behalf of the State.2. Succinctly stated the facts necessary for the disposal of this writ petition are that the Sub Divisional Officer (Ceiling), Sri Karanpur assessed the agricultural land held by the assessee under the old Celling Act and by his order dated 31.5.1971 recognised a transfer of 19 bighas & 16 biswas of land made by the assessee by way of sale and held that the assessee was in possession of 4 bighas & 7 biswas of land in excess of the ceiling limit. He further held that the said surplus land being a fragment could not be a...
Vela Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-1992
Reported in: 1992(1)WLN230
Rajendra Saxena, J.1. This appeal has been filed against the judgment dated 12.6.1986 passed by the learned Sesions Judge, Udaipur, whereby he found the appellant guilty for the offence under Section 302 I.P.C. and sentenced him to life imprisonment and a fine of rupees fifty, in default to further undergo rigorous imprisonment for two years.2. Briefly the case projected by the prosecution during the trial can be summarised like this:P.W.10 Nana and P.W.7 Partha sons of Nola are the cousins of appellant's father Kama. It is alleged that on 3.7.1984, the dead body of Bhanwaria, aged about 12 years and the only son of appellant Vela, was found in a well near village Thoba Bada. In this connection proceedings under Section 174 Cr. P.C. were initiated by the S.H.O., Police Station, Ogna. It is alleged that appellant Vela suspected that P.W.10 Nana had murdered his son. It is the case of the prosecution that on 10.10.1984 at about 10 A.M. when P.W.7 Partha along with his nephew Dharma son o...
Lakha Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-1992
Reported in: 1992(1)WLN250
Kanta Bhatnagar, J.1. Appellant Lakha Singh, along with two others viz. Balbir Singh and Sajjan Singh (since acquitted by the trial Court], was tried for the charges under sections 302 read with 34 I.P.C. and Section 27 of the Indian Arms Act by the Additional Sessions Judge, Raisinghnagar. Vide judgment dated September 26,1989, the learned Additional Sessions Judge acquitted Balbir Singh and Sajjan Singh. He, however held the case against appellant Lakha Singh proved and sentenced him to imprisonment for life under Section 302 I.P.C and six months R.I, and a fine of Rs. 500/-, in default of payment of fine to undergo one months R.I. Under Section 27 of the Armed Act.2. Feeling aggrieved by his conviction and sentences, appellant Lakha Singh has preferred appeal in this Court .3. Succinctly, narrated the prosecution case is that on June 7,1986 at 10.00 P.M. Rathha Singh (P.W.3) lodged the report Ex.P/5 at Police Station, Raisinghanagar to the effect that his sister Jeeto had been marri...
A.C.T.O. Ward-c Vs. Mahaveer Timber Mart
Court: Rajasthan
Decided on: Feb-11-1992
Reported in: 1992(2)WLC233; 1992WLN(UC)36
N.K. Jain, J.1. A Division Bench of this Court vide order dt. 22.8.77 has referred the matter to the Board of Revenue to frame the following question of law to be referred to the High Court:Whether on the facts and circumstances of the case the Board of Revenue was justified in holding that no penalty was leviable on the assessee under Section 46(1)(b) of the Rajasthan Sales Tax Act, 1954.2. Brief facts of the case are that the A.C.T.O., Pali for the assessment Year 1966-67 and 1967-68 of the period 25.10.65 to 2.11.67 assessed the assessee M/s. Mahaveer Timber Mail and passed the assessment order Under Section 10(3) and imposed penalty for late filing return Under Section 16(1)(c) and also imposed penalty Under Section 16(1)(b) on 27.12.1968. The assessee preferred an appeal before the Dy. Commissioner (Appeals), Jodhpur challenging interalia the penalty imposed. The Dy. Commissioner (Appeals) accepted the appeal on 4.12.1969 holding that the tax was not determined Under Section 7(2) ...
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