Court : Rajasthan
Reported in : 1992WLN(UC)93
Rajendra Saxena, J.1. Mr. Kumbhat has filed an affidavit of Shii Suresh Chandra Shrimalee, Advocate, Bhllwara and photo-stat copies of his diary of cases dated 02.04.92, wherein the next date in sessions case 'State V Gopal Lal Vaishnav' has been written as 09.05.92. The petitioner was on bail during the trial in this case but he remained absent on 02.05.92 and his bail bonds were forfeited and warrants of arrest was ordered to be Issued. However, he surrendered before the Court on 14th May, 1992 and his bail petition was dismissed by the learned Addl. Sessions Judge, Bhilwara.2. Mr. Suresh Kumbhat submits that due to bonafide mistake of the Advocate the petitioner did not appear on 2nd May, 1992. This fact is duly corroborated by the affidavit of Shri Suresh Chandra Shrimalee, Advocate and his diary of cases.3. Hence, keeping in view all these facts and circumstances, I feel inclined to allow this bail application and order that the petitioner Gopal Lal be released on bail provided he...
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ883Raj; 1992(1)WLN579
G.S. Singhvi, J.1. The petitioner has challenged the award dated April 20, 1991 passed by the learned Judge, Central Industrial Tribunal (for short the Tribunal) whereby the learned Judge has quashed the termination of service of the workman (respondent No. 2) and has directed his reinstatement with all consequential benefits and cost of Rs. 100.2. Briefly stated the case of the petitioner is that respondent No. 2 was engaged as a casual employee on daily wages on August 2, 1985. He worked for 93 days between August 2, 1985 to July 12, 1986. He was again engaged on August 8, 1986 and he worked for 69 days upto July 15, 1987. Thus in one calender year he worked for 93 days and in another calender year he worked for 69 days.3. An industrial dispute was raised regarding the termination of his service. The workman claimed violation of Section 25F and the petitioner submitted that since he had not worked for 240 days in a period of 12 months preceding the date of termination of his service,...
Tag this Judgment!Court : Rajasthan
Reported in : [1995]211ITR178(Raj)
1. Both these reference applications arise out of a common order passed by the Income-tax Appellate Tribunal, Jaipur, on July 29, 1988, allowing two appeals filed by the assessee against the orders passed by the Income-tax Officer, Central Circle-I, Jaipur, and the Commissioner of Income-tax (Appeals) and also a common order dated February 22, 1989, passed by the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, rejecting the applications filed by the Revenue for reference of the questions of law to this court. Income-tax Reference Application No. 63 of 1989 relates to the assessment year 1968-69 and Income-tax Reference Application No. 64 of 1989 relates to the assessment year 1967-68. Since these applications arise out of a common order, we consider it appropriate to decide both these applications by a common order.2. The facts which are necessary for the purpose of deciding these two reference applications are that for the assessment years 1967-68 and 1968-69, the assessee was as...
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ850Raj; 1992(3)WLC464; 1992(1)WLN581
G.S. Singhvi, J.1. Challenge made in this writ petition is to the award dated April 20, 1991 passed by the Central Industrial Tribunal, Jaipur in relation to the termination of service of the respondent No. 2. Respondent No. 2 was engaged as a casual employee on daily wage basis on July 10, 1986. His total period of working was from July 10, 1986 to March 31, 1987 and he worked for 175 days in all. Against the termination of his service he raised an industrial dispute which was referred to the Central Industrial Tribunal, Jaipur for adjudication by the Government of India, The workman filed his statement of claim. Reply was filed on behalf of the petitioner. In evidence the workman filed his affidavit and on behalf of the petitioner affidavit of Capt. G.V.R. Murthy was filed. The witnesses were subjected to cross-examination and after hearing the parties, the learned Judge, Industrial Tribunal, passed the impugned award on April 20, 1991. He declared the termination of the service of t...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLN315
Milap Chandra Jain, J.1. This is a petition under Section 439 read with Section 433(e) and (f), Companies Act, 1956 for winding up of the non-petitioner Company.2. The petitioner's case is that it sold one plain paper copier machine in January, 1 987. One post dated cheque for Rs. 10,000/- was given and the remaining amount was paid in cash. After the due date, the cheque was presented to the Bank but it was returned with the remark 'refer to drawer'. The non- petitioner Company was repeatedly requested to make payment of the balance amount of Rs. 10,000/- but it has not paid it despite admitting its liability for its payment. It is conclusive proof of insolvency.3. In its reply, the non-petitioner Company admits to have purchased a plain paper copier machine from the petitioner Company, to have issued a post dated cheque for the balance amount of Rs. 10,000/- and the said cheque has been returned with the remark 'refer to drawer'. Its case is that the petitioner Company did not send e...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(2)WLC308; 1992(1)WLN486
N.L. Tibrewal, J.1. All these writ petitions relate to admission in B.Sc. (Nursing)Part III Examination, as such, they are disposed of by a common order.2. The courses of study leading to B.Sc. (Nursing) Degree consist of four academic year i.e. Part I, Part II, Part III and Part IV. Ordinance 299-V-3 of the University of Rajasthan provides for admission to Courses of Study in B.Sc. (Nursing). It reads as under:Order 299-V-3:(a) A candidate who has completed the age of 17 years at the time of admission or will complete the age on or before 31st December of the year of the admission to B.Sc. (Nursing) Part-I Course and passed the First Year Science Examination of Three Year Degree Course (Pass/Honours) of the University or an examination recognised by the University as equivalent thereto in all the compulsory subjects and the optional subjects of medical group (Physics, Chemistry and Biology) including English as one of the compulsory subjects with a minimum of 45% marks (40% for natura...
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)99
B.R. Arora, J.1. By this writ petition, the petitioner has prayed that the respondents may be directed to regularise the services of the petitioner on the post of Store Munshi with effect from the date he started working on the said post and to provide him all the consequential benefits thereto. It has, also, been prayed that the respondents may be directed to pay interest @ 18% per annum on the amount, which became due to him but has not been paid.2. The case of the petitioner, as unfolded in the writ petition, is that on June 1, 1984, the petitioner was appointed on Muster-roll on the dairy wages of Rs. 13/-, which was increased to Rs. 17/- day and finally it was increased to Rs. 25/- per day. The case of the petitioner is that though the petitioner was appointed on Daily Wages Basis on Muster-roll, but from the very beginning, he was discharging the duties of the post of Store Munshi and is continuing on the said post. His further case is that even his case was recommended for appoi...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLN379
N.K. Jain, J.1. This is defendant's second appeal against the judgment and decree dt. 27.2.1989 passed by learned District Judge, Udaipur whereby he has reversed the judgment and decree dt. 17.12.86 passed by learned Munsif and Judicial Magistrate, 1st Class Udaipur (North) in civil original case No. 112/81.2. Brief facts of the case are that the plaintiff respondent had filed a suit on 11.8.78 for eviction of the shop with the allegation that the suit shop situated in Juni Ret Ka Chowk, Udaipur (described in para 1 of the plaint) was let out to the defendant-appellant on 1.7.1973 at the rate of Rs. 100/- per month. It was alleged that he was carrying on his business in partnership but he wanted to start his own business in general merchandise and detergent washing powder in this shop. It was urged that he has another shop, which is on rent but the same is not appropriate for business as it is situated in street. It was further alleged that he has no other alternative suitable accommod...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(2)WLN359
Inder Sen Israni, J.1. This Habeas Corpus Petition has been filed by Rais Khan, brother of detenu-Shafi Mohammed, who has been detained under the provisions of Prevention of illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988 (for brevity, 'the Act of 1988'), with the prayer that respondents be directed to release him from the same.2. Briefly stated, a preventive party, while on patrol duty, on March 22, 1991, at Kota-Bundi Road was checking vehicles, during which they stopped a truck, bearing No. MKM 1636, at about 12 O'clock in the noon, which was coming from Kota. On enquiry, it was found that detenu-Shafi Mohammed, Babu Bhai and Bhagwan Singh ware travelling in the truck. After interrogation and search, a cement bag, lying in the tool-box behind the seat of the driver, was found. Upon opening it, eight black and three blue coloured rexine bags were found. When these rexine bags were opened, in the presence of independent witnesses, polythene bags were found, conta...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(3)WLC232; 1992(1)WLN536
K.C. Agrawal, C.J.1. This writ petition, under Article 226 of the Constitution, has been preferred by Yadunath Singh, resident of Bharatpur. He was an operator on the route Bharatpur to Basedi holding one non-temporary stage carriage permit valid upto 21st Sept., 1994. . .2. A draft scheme under Section 68-C of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) was published in the newspaper 'Rajasthan Rajpatra' on 26.7.1986 inviting objections with regard to the route Bharatpur Basedi via Sevad Fatehpur Mundera Rudawal Badi Mod and portions thereof. An objection to the draft scheme was filed by the petitioner which was rejected by the competent authority. Before the scheme was finalised the old Act was repealed and new Motor Vehicles Act, 1988 came into force with effect from 1.7.1989.3. Sub-section (1) read with Clause (e) of Section 217 of the Motor Vehicles Act, 1988 (hereinafter referred to as the new Act) reads as Under:Any scheme made under Section 68-C of the Mot...
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