Rajasthan Court July 1992 Judgments
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Bhamri @ Leele Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-06-1992
Reported in: 1992(2)WLN10
S.N. Bhargava, J.1. The appellant has been convicted by the Sessions Judge, Alwar by his judgment dated 8 th Feb., 1986 for the offence underSection 302 IPC nad sentenced for imprisonment for life and a fine of Rs. 1,000/-. In default of payment of finde, he has to undergo six months' rigorous imprisonment. Against this conviction and sentence he has preferrrsd this appeal.2. The deceased in this case is Mst. Manta, who was the Bhabhi of the appellant. On the fateful day i.e. 17th August, 1985, deceased Manta with some other woman had gone to their field which was near the Ratnaki jungle for taking-fodder. The appellant Bhamri was also with them. As it was about to rain, the other women went to the village and when Manta did not return her mother-in-law Ramali went in search of her and found her dead. There were several injuries on her neck and face. On hearing her shouts, several people collected there. A report to this effect was lodged by Jagdish S/o Padam, who is P.W.1. The investi...
Kunku Devi Vs. Hindustan Zinc Ltd.
Court: Rajasthan
Decided on: Jul-03-1992
Reported in: (1994)IILLJ44Raj
M.C. Jain, J.1. This writ petition has been filed for directing the respondent to provide employment to the petitioner with back wages from the date of death of her husband i.e., September 17, 1984 and to restrain the respondent from evicting her from the quarter which was allotted to her husband and in which she is living with her five minor children.2. The petitioner's case is that her husband Gopilal Meena was appointed as a clerk by the respondent in the year 1977. In the year 1983-84, he was promoted as Office Assistant. He committed suicide on September 17, 1984 as he was not given due promotion and a settlement was arrived under Section 12(3), Industrial Disputes Act between the respondent and the representatives of the Unions of its workers and it was agreed thatonedirectdependentof the employee who dies while in service will be given employment in the Company. Despite several representations and assurances, she has not been given appointment so far. She had to file a civil sui...
Ram Avtar Khandelwal Vs. High Court of Judicature for Rajasthan at Jod ...
Court: Rajasthan
Decided on: Jul-03-1992
Reported in: 1992(2)WLC587; 1992(2)WLN602
Farooq Hasan, J.1. The petitioner seeks two fold reliefs in this writ petition, viz. (i) for quashing an adverse remark in his annual confidential report for the year 1983 conveyed to him vide Annexure 5, dated September 13, 1989, and (ii) for promoting him to the post of Civil Judge-cum-Addl. Chief Judicial Magistrate from the date his juniors were so promoted, with all other consequential benefits.2. Undisputed facts are thus. The petitioner was appointed as Munsif & Judicial Magistrate and was confined. Vide order (Ann. 3) dated August 3, 1989, six judicial officers holding posts of Munsif & Judicial Magistrate, namely, Shiv Dayal Gupta, M.A. Siddique, Om Prakash Sharma (II), Naresh Chandra Rawat, Narain Das Bilcchi, Chandra Prakash Singh. Out of whom last four persons are admittedely juniors to the petitioner, were given promotion to the post of Civil Judge-cum-Addl. Chief Judicial Magistrate, and against that, the petitioner made his representation vide Annexure 4 dated August 8, ...
Ramchandra Shukla Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-03-1992
Reported in: 1992(2)WLN579
Farooq Hasan, J.1. This first appeal arises out of judgment of the learned trial Court dismising the appellant's suit for Rs. 56,0007-.2. The plaintiff instituted a civil suit against the State of Rajasthan, Director of Animal Husbandary, the Deputy Director, Fisheries and also making Rajkumar as Proforma defendant, praying therein for:(i) the defendant Nos. 1 to 3 be directed to pay the plaintiff Rs. 56000/-towards loss incurred by him on account of the delay in issuing the licence and resulting in depriving him of fishing during period from 1.10.72 to 28.2-.73.(ii) alternatively the defendant Nos. 1 to 3 be directed to pay the plaintiff Rs. 55,5551- as proportionate amount of the aforesaid period of five months.Factual matrix3. In an auction of 8th September, 1972 in respect of right of fishing in Silised dam (bundh) district Alwar), the highest bid in a sum of Rs. one lac being of the plaintiff & proforma defendant No.4, was accepted by the auction Committee in the presence of the D...
Hazur Singh Vs. Behari Lal and ors.
Court: Rajasthan
Decided on: Jul-02-1992
Reported in: AIR1993Raj51; 1992(3)WLC117; 1992(2)WLN69
B.R. Arora, J.1. This appeal is directedagainst the decree and judgment dated January 27, 1979, passed by the AdditionalDistrict Judge, Sri Ganganagar, by which theplaintiffs suit was decreed against the appellant .2. Plaintiff M/s. Behari Lal Banwari Lal, Gramin Market, Sri Ganganagar, filed a suit for declaration and recovery of the bus along with the damages of Rs. 13,000/- from the defendant No. 1 and in the alternative for the recovery of Rs. 20,000/- against the defendants Nos. 2, 3 and 4, viz., Hazoof Singh, Gurdayal Singh and Gurlabh Singh. The case, as set-up in the plaint, is that on July 2, 1969, under a hire-purchase agreement, the plaintiff delivered his bus No. RJK 6794 to the defendant No. 2 Hazoor Singh. The defendant No. 3 Gurdial Singh and No. 4 Gurlabh Singh stood sureties for the defendant No.2. It was, inter alia, agreed that Hazoor Singh in all, will pay Rs. 16,800/- in twelve instalments of Rs. 1,400/- each towards the price of the bus. It was, also, agreed that ...
J.K. Synthetics Ltd. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-02-1992
Reported in: (1994)ILLJ835Raj; 1992(2)WLC740; 1992(2)WLN557
M.B. Sharma, J.1. The petitioners J.K. Synthetics Ltd., have prayed that the order of reference under Section 10(1) of the Industrial Disputes Act, 1947 (for short 'the I.D. Act) dated October 15, 1990 (Annex. 7) be quashed and be declared illegal.2. The main ground of challenge to the aforesaid order of reference is that the respondent No. 1 to 3 Shri Raghuvir Singh, the worker was only engaged as an Apprentice under the Apprentice Act, 1961 (52 of (1961)) (for short 'Apprentices Act') and, therefore, is governed by the provisions of that Act and the provisions of the I.D. Act are not applicable and, therefore, a reference to the Labour Court, Kota is without jurisdiction and the said Court has no jurisdiction to adjudicate the dispute.3. The writ petition is contested on behalf of the workman and the ground of contest is that he was appointed as a worker and was an employee of the petitioners and it appears that the petitioner-company has created a sort of camouflage or cover of the ...
Satya Naraian Vs. Smt. Kamla Devi
Court: Rajasthan
Decided on: Jul-02-1992
Reported in: II(1992)DMC494
Mohini Kapur's, J.1. There appellant's petition for grant of a decree of divorce has been dismissed by the District Judge, Sikar by his Order dated 18th May, 1985 and against this, the appellant has preferred this appeal.2. The facts leading to this case are that the appellant and the respondents were married on 6th March, 1975 and according to the appellant the respondent lived with him only up to 9th March, 1975 and even within this time the marriage could not be consummated on account of the refusal of the respondent. During this time, the respondent did not speak a word, but only gave signals any kept her face covered and it was lateron revealed that her voice was very hoarse and at the same time she could not speak properly. According to the appellant, the respondent thereafter did not come to his house. She came for a short time on account of the marriage of the appellant's brother and at that time also, she created a scene at his house. The appellant is living at Bombay in conne...
Duli Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-02-1992
Reported in: 1992CriLJ3397
Rajendra Saxena, J.1. This appeal filed under Section 374(2), Cr.P.C. has been directed against the judgment dated 16-7-1991 passed by the learned Special Judge for SC/ST (Prevention of Atrocities Act Cases)-cum-Additional Sessions Judge, Bikaner, whereby he convicted the appellant for the offence under Section 376, IPC and sentenced him to seven years' rigorous imprisonment and a fine of Rs. 500/-; in default to further undergo two months imprisonment.2. The relevant facts of this case are that Tara Chand (P.W.2) used to cultivate his land situated in Chak 3 ADM. He also lived there in his hamlet (Dhani) and that his parents used to reside in village Kodiwan. Nearby his field, the agricultural land of appellant Duli Chand is situated, who resides in his 'Dhani in Chak 8 BBM. Tara Chand and the appellant used to help each other in irrigating their-fields. Tara Chand's wife, Smt. Chawli (P.W.1) aged about 19-20 years used to call appellant's wife as her 'Mausi' and respect the appellant...
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