Rajasthan Court August 1992 Judgments
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Cimmco Wagon Factory Mazdoor Sangh Vs. Cimmco Wagon Factory and 2 ors.
Court: Rajasthan
Decided on: Aug-06-1992
Reported in: 1993(3)WLC433; 1992WLN(UC)79
N.C. Sharma, J.1. This is a writ petition under Article 226 of the Constitution of India by the workmen represented by CIMMCO Wagon Factory Mazdoor Sangh, praying for the issue of a writ of certiorari queshing the order'passed by the Industrial Tribunal, Jaipur on 17th June, 1980 and for a direction that the workmen working on 350 posts left vacant by their incumbents were entitled for permanent status from the date of their working on the posts. Facts leading to the file of this petition are that the CIMMCO Wagon Factory, Bharatpur manufactured four wheeler wagons for railways and the factory is situated at Bharatupur. The petitioner is a Union ragietered under the Indian Trade Union Act. The Union was claiming permanent appointments and benefits to workmen and raised an industrial dispute. The State Government referred the following industrial disputes between the management of CIMMCO Wagon Factory, Bharatpur and their workmen represented by the petitioner-Union. The disputes referre...
Multimetals Ltd. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-05-1992
Reported in: [1993]201ITR166(Raj)
K.C. Agrawal, C.J.1. This petition under Article 226 of the Constitution has been filed by M/s. Multimetals Ltd. for quashing the notice under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), dated March 21, 1980, in respect of the assessment year 1975-76.2. The petitioner-company was being assessed to income-tax from year to year. For the accounting year which ended on March 31, 1975, relevant for the assessment year 1975-76, the petitioner-company submitted its return of income to the Income-tax Officer, A-Ward, Kota, along with a letter dated July 30, 1975. The return was submitted along with a computation of total income, the balance-sheet and profit and loss account with schedules for the period ending on March 31, 1975. The total income was computed by the petitioner-company at Rs. 71,58,105. The return was accompanied by a statement of depreciation on fixed assets as on March 31, 1975, claiming normal depreciation at Rs. 7,26,513 and extra shift de...
Hakim Singh and ors. Vs. the Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-05-1992
Reported in: 1992WLN(UC)168
Rajesh Balia, J.1. The brief facts giving rise to the aforesaid petition may be stated as under:2. The petitioners allege that they were all displaced persons from Pakistan and their claim to compensation was verified by the Compensation Officer on 27.1.1953, for an area of 129.14.6 standard acres. In satisfaction of that claim, the petitioners were allotted an area of 155 bighas 9 biswas, in village Majidsura, Tehsil-Bhadra, somewhere in the year 1956. No order of allotment has been placed on record in spite of the directions of this Court on the ground the same is not available with the petitioners. However, thereafter it appears that there was complaint that the verification to which the petitioners lay claims was not correct, therefore, the proceedings were again initiated against the petitioners for verificatiomaf the claim and the Chief Settlement Commissioner vide his order dated September 30, 1963; rejected the claim of the petitioners. The order of the Chief Settlement Commiss...
Vidhya Prakash Johri Vs. Rajasthan State Mineral Development Corporati ...
Court: Rajasthan
Decided on: Aug-05-1992
Reported in: 1992(3)WLC146; 1992WLN(UC)319
K.C. Agarwal, C.J.1. This appeal has been preferred against the judgment of a learned Single Judge dismissing the writ petition of the appellant on the ground that neither was the petitioner discriminated nor was any illegality committed in his posting as Senior Mining Engineer. The learned Single Judge held that the petitioner was appointed as General Manager (Operations) in the service of Rajasthan State Tungsten Development Corporation Ltd. (in short RSTDC). This concern was different than Rajasthan State Mineral Development Corporation (in short RSMDC). The assets of RSTDC were transferred to Hindustan Zinc Limited, Udaipur and such RSTDC is no longer in existence.2. The argument of the appellant was that whereas S.K. Patni and D.P. Khandelwal, who were working in RSMDC had been absorbed on higher post than what the appellant had been brought in, therefore, there was discrimination in between him and those two persons. He alleged that those two persons were junior to him.3. No doub...
Mahendra Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-05-1992
Reported in: 1992(3)WLC438; 1992(2)WLN85
R.S. Verma, J.1. This matter was directed to be put up for final hearing by order dated 17.7.1992. This is how the matter has come up today before me for final hearing and disposal.2. The facts of this case are not very much in dispute. Mahendra Singh passed his Intermediate examination in the year 1955 from the Board of High School and Intermediate Education, Uttar Pradesh (Annx. 1). The petitioner obtained his certificate of Montessori training from the Association Montessori International in the year 1958 (Annx.2) The petitioner initially joined service as Teacher in Nehru Bal Mandir Rajgarh where he worked upto 1967. In the year 1967, the petitioner was appointed as Assistant Teachers in Gr. III in Bal Niketan School (respondent No. 3) with effect from 25,7,1967. Respondent No. 3 is a society registered under the Societies Registration Act. It is an aided school and gets aid from the Government to the extent of 90% of its expenditure and is governed by the provisions contained in t...
Manak Chand Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-05-1992
Reported in: 1992(2)WLC706; 1992(2)WLN591
Rajesh Balia, J.1. Petitioner Manak Chand and respondents No. 3 and 4 formed a partnership firm known as United Trading Company. They constructed a Factory at Bhagat-ki-Kothi, Jodhpur. It is alleged that since 1954-55, the business of to Firm was closed and the partners of the Firm started their separate business, While petitioner was residing at Jaipur, the respondents No. 3 and 4 were residing at Calcutta in connection with their business. Teh factory was let out to the Food Corporation of India in 1958-59, and thereafter it was requisitioned by the State of Rajasthan and presently it is being used as Godown for Rajasthan State Ware Housing Corporation. It is alleged by the petitioner that when they were served with Notice Ex. 2 dated Janaury 14, 1985 from the office of the Naib Tehsildar (Public Demand Recovery), Jodhpur raising a demand of Rs. 2,23,000/- as arrears of the Land and Building Tax Rs. 4800/- as penalty, and Rs. 11,390/- as interest for late payment the petitioner came ...
Mahaveer Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-04-1992
Reported in: 1991(2)WLC689; 1992WLN(UC)171
V.S. Dave, J.1. This is an application for bail filed under Section 439 Cr.P.C. in a case under Sections 302 & 307 IPC.2. Allegation against the accused-petitioner is that on midnight of 4th July, 1991 the accused-petitioner alongwith certain persons went to the house of deceased Dharmendra Singh and killed him by firing the gun. After investigation and committal a charge has been framed against him for offence under Sections 302, 460, 420 and 307 IPC and Section 3/25 & 3/27 of the Arms Act. The application has been filed on the legal ground that charge-sheet against him has not been presented within 90 days of his arrest which made him entitled to bail in terms of the proviso (1) of Section 167(2) Cr.P.C. It is alleged by him that he too had sustained injuries in the incident and the Station House Officer, police station, Bhanwargarh, District Baran admitted him to the hospital on 5th July, 1991 and as such he was in constructive custody of the S.H.O. P.S. Bhanwargarh, though a formal...
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