Rajasthan Court April 1992 Judgments
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Shah Sohonie and Company Vs. State of Rajasthan and Others.
Court: Rajasthan
Decided on: Apr-22-1992
Reported in: [1994]208ITR321(Raj)
JAIPUR BENCHV. K. SINGHAL J. - The above three writ petitions have been filed challenging the assessment orders for the months of April, May and June, 1977, passed by the Commercial Taxes Officer, Entertainment Circle, Jaipur, under the provisions of the Rajasthan Entertainment and Advertisement Tax Act, 1957 (hereinafter to be called as 'the Act'). All the three writ petitions are disposed of by a common order since the points involved are common.A number of points have been raised in the writ petition and the basis for challenging the assessment orders directly in the High Court was mainly because the petitioner was not aware as to which of the two appellate authorities at Jaipur or Ajmer would hear the appeals.The brief facts of the case are that on account of various discrepancies, notices were issued to the assessee to show cause as to why the entertainment tax be not levied under section 6 and the penalty also not be levied under section 10(3) of the Act.The submission of Mr. Mal...
Bajrang Lal Vs. Asst. Engineer, Pwd and ors.
Court: Rajasthan
Decided on: Apr-21-1992
Reported in: (1994)IILLJ855Raj; 1993(3)WLC551
G.S. Singhvi, J. 1. The petitioner has claimed that he was appointed as Beldar in January, 1987. He has completed 240 days of working during last 12 calendar months. He was appointed in the P. W.D. and at the time of filing of the writ petition he was working at Sikar- Salasar Road. The petitioner has enclosed Schedule 'A' in support of his assertion that he had worked for 240 days. The work on which the petitioner was engaged comes under the jurisdiction of Executive Engineer. P.W.D., Division Sikar. There are four sub-divisions under him. The work under those sub-divisions has not been completed. Notwithstanding that, the petitioner has been retrenched by an oral order dated July 16, 1988. No notice was given to the petitioner nor any compensation has been paid to him. The rule of 'last come first go' has not been followed. The petitioner has stated that termination of his service is liable to be declared as void because of violation of Section 25F read with Section 25B of the Indust...
Babulal Tatiwal Vs. the State and anr.
Court: Rajasthan
Decided on: Apr-21-1992
Reported in: 1992(3)WLC76; 1992WLN(UC)398
Navin Chandra Sharma, J.1. By this writ petition, the petitioner has challenged the imposition of penalty of removal from service, made by the Disciplinary Authority by his order dated 16th/17th July, 1982 (Ann. 6) and the appellate order dated 27th Sept., 1982 (Ann. 8).2. The charge framed against the petitioner was that he remained absent from his duties as Class-IV servant, without previous sanction or permission, during the following four periods:(1) From 1.8.1980 to 3.9.1980(2) From 4.9.1980 to 23.9.1980(3) From 27.9.1980 to 1.10.1980(4) From 4.10.1980 to 3.12.1980A statement of allegations, along with a memorandum was served upon the petitioner. The petitioner filed a reply to the charge-sheet served upon him. In his reply, the petitioner stated that during the period from 1st Aug.,'80 to 16th Aug.,'80, he was posted in the Education (Group-3) Department of the Rajasthan Secretariat, and that with respect to this period, the mark of his attendance found place in the Attendance-Re...
Narainsingh Vs. Amraram and ors.
Court: Rajasthan
Decided on: Apr-17-1992
Reported in: 1992(2)WLN442
N.K. Jain, J.1. This is defendant's first appeal arising out of the judgment and decree passed by learned District Judge, Merta dated 17.8.87 whereby he has decreed the suit filed by the plaintiff.2. The brief facts of the case are that the respondent Amra filed a suit for cancellation of sale deed dated 27.6.73 and for declaration and possession of the suit land. According to the plaintiff-respondent, originally the property stood in the name of one Kana father of Bheru and after the death of Kana in Samvat Year 2002, the property came in the hands of Bheru as ancestral property. It was alleged that the plaintiff was adopted by Bhura by a registered adoption deed dated 31.7.58. It was alleged that sale deed executed by his adoptive father Bheru @ Bhura with regard to Khasra No. 655 and 655/1 situated at Mithri village, Tehsil Nawa was ineffective and not binding on plaintiff as he gets right in the ancestral property. It was alleged that the sale was not for legal necessity of the fam...
Mala and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-16-1992
Reported in: 1992WLN(UC)87
Rajendra Saxena, J.1. Heard and perused the available relevant record, case diary and injury report of Smt. Jethi. The Doctor in his report dt. 12.4.92 has opined that there was no bony injury on her skull and as such all the injuries received by her were simple in nature.2. Keeping in view all the relevant facts and circumstances of this case, I feel inclined to enlarge the accused petitioner(s) on bail.3. I, therefore, accept this bail application and order that petitioner(s) Mala, Sukhram and Varinga, shall be released on bail provided each one of them executes his personal bond for a sum of Rs. 10,000/- (Rs. ten thousand) and furnishes two sound and substantial sureties in the amount of Rs. 5,000/- each amount to the satisfaction of the learned Addl. Sessions Judge, Barmer with the stipulation to appear before that court on each and every date of hearing and whenever ordered to do so till the completion of the trial....
All India Students Federation Vs. the State of Rajasthan Through the C ...
Court: Rajasthan
Decided on: Apr-16-1992
Reported in: 1992(2)WLC737; 1992(2)WLN554
S.N. Bhargava, J.1. According to the petitioner Association, the Director of Local Bodies, Rajasthan, Jaipur, published an advertisement bearing No. 7/84 in the local news-papers in the mid of the year 1984 inviting applications for a number of posts approximately numbering 1,000 from the unemployed persons. The said application was to be enclosed with a postal order of Rs. 8/- in favour of respondent No. 2, Director, Local Bodies. It has been asseted that more than one lac unemployed youth sent their applications alongwith postal order of Rs. 8/-. It was also mentioned in the advertisement that the written test will be held and thereafter, the candidates who will qualify will be called for interview. None of the applicants received any intimation regarding the written test or the interview thereafter and nobody knows what has happed to these applications. Yet, another advertiseme'nt (Anx. 2) on the same lines has been issued in the month of January, 1990 which has been published in Da...
Sohan Singh and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-16-1992
Reported in: 1992(1)WLN388
Rajendra Saxena, J.1. Heard. Perused the case diary.The learned Counsel for the petitioner has contended that petitioner Sohan Singh has been falsely implicated; that in the FIR it has been alleged that he has inflicted injury to Surajmal by an axe but at his instance one 'KUNTH' was recovered, which cannot be called an axe. His another contention is that there is no allegation that the petitioner had dealt the blows repeatedly.2. Surajmal has received two incised wounds on his occipital region. On x-ray examination, injury No. 1 was found to be grievous in nature. As per statement of Surajmal and other witnesses, petitioners Sohan Singh as well as Ram Singh had inflicted injuries by axe to Surajmal and that Sohan Singh had also inflicted grievous hurt on the right hand's index and middle fingers with the result that those were chopped off. The description of the alleged to have been recovered weapon mentioned in the recovery memo of petitioner Sohan Singh, prima facie, does not reveal...
Dalpatraj Bhandari Vs. the President of India and ors.
Court: Rajasthan
Decided on: Apr-13-1992
Reported in: AIR1993Raj1
J.R. Chopra, J.1. This appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment of the learned single Judge of this Court dated 25-1 -1991 whereby the writ petition filed under Article 226 of the Constitution by the petitioner-appellant has been dismissed.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are : that the petitioner-appellant is a practising Advocate in the High Court of Judicature for Rajasthan at Jodhpur. He was enrolled as an Advocate on 27-12-1965 under the Advocates Act, 1961. He being a practising Advocate is very much interested in the matter of appointment of Chief Justice and other Judges of High Court and Supreme Court of India. He has submitted that he fulfils the qualification for appointment as Chief Justice or Judge of the Supreme Court, or Chief Justice or Judge of the High Court as laid down by Articles 124(3)(b) and 217(2)(b) of the Constitution. According to him, these appointm...
Bhanwarlal Vs. Bank of Baroda
Court: Rajasthan
Decided on: Apr-10-1992
Reported in: 1992(3)WLC42; 1992WLN(UC)334
N.L. Tibrewal, J.1. Brief facts giving to the present special appeal are that the petitioner-appellant claimed himself to be an agriculturist and filed a writ petition challenging the constitutional validity of the provisions of Section 4(e) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 as violative of Article 14 of the Constitution of India.2. The petitioner-appellant has taken a loan from Bank of Baroda for purchase of tractor trolly and other implements and also for digging of well. The D.P. Note, letter of hypothecation and letter of personal guarantee of Shri Sohan Lai were furnished. The loan was sanctioned by the Bank at the rate of 12.5%, which is 2% above the minimum bank interest rate of 10.5% as per directive of the Reserve Bank of India. There was default in making payment of loan and a suit was filed by the Bank against the petitioner-appellant and the land of Khasra No. 3016/56 having area of 15 bighas situated at village Nainwa, which was mortgaged by Bh...
Kalu @ Abdul Salam and anr. Vs. State of Raj.
Court: Rajasthan
Decided on: Apr-10-1992
Reported in: 1992(1)WLN562
Rajesh Balia, J.1. This is an appeal against the judgment dated 31.8.1985 passed by the learned Sessions Judge, Bikaner by which accused appellant Kalu alias Abdul Salam son of Abdul Gani was convicted under Sections 302, 342 IPC & 25 of the Arms Act and was sentenced to life imprisonment together with a fine of Rs. 50/- and in default to further undergo one month's Rl for the offence under Section 302 IPC, six months Rl for the offence under Section 342 IPC and for the offence under Section 25 of the Arms Act, one year's R.I. Accused appellant Hamid. alias Abdual Hamid Son of Allaldin convicted under Sections 302/114 342 IPC and 27 of the Arms Act and sentenced to life imprisonment with a fine of Rs. 50/- and in default of payment of this amount of fine to further undergo one month's Rl for the offence under Section 302/114 IPC, six month's R.I. for the offence under Section 342 IPC and for the offence under Section 27 of the Arms Act one year's Rl.2. According to prosecution, on 18.6...
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