Rajasthan Court January 1993 Judgments
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Kannaiyalal Vs. State and ors.
Court: Rajasthan
Decided on: Jan-21-1993
Reported in: 1993WLN(UC)50
K.C. Agrawal, C.J.1. This is a petition under Article 226 of the Constitution filed by Kanhaiya Lal Kumhar for mandamus, directing the State of Rajasthan and other two respondents for not to terminate his service and to regularise him on the ground that the termination of his service in the Directorate of the State Insurance and Provident Fund Department, was illegal and invalid. The termination was occasioned due to the selected candidates having become available to the said Directorate.2. In a similar controversy, the matter was taken to the Supreme Court, in Surendra Kumar Gyani v. State of Rajasthan AIR 1993 SC 115. The paragraph relevant for the disposal of this writ petition is reproduced below:In our view, it is only just and. proper if a pragmatic and sympathetic consideration is made in respect of the appellant and the other petitioners in the Special Leave Petitions so that if they have got the requisite qualifications like similarly circumstanced persons being eligible for a...
Peary Lal Rajendra Kumar Private Ltd. and ors. Vs. State of Rajasthan ...
Court: Rajasthan
Decided on: Jan-21-1993
Reported in: 1993WLN(UC)65
Mohini Kapur, J.1. The non petitioner No. 2 had filed a complaint in the Court of Munsif & Judicial Magistrate, Nawalgarh for offence under Section 138 of the Negotiable Instruments Act, 1889 (hereinafter referred to as 'the Act') and Section 420 I.P.C. On this Complaint, the learned Magistrate took cognizance for the offence under Section 138 of the Act on 28.9.92 and directed that the accused be summoned. The five petitioners who were the accused in the complaint, have approached this Court under Section 482 Cr.P.C. for quashing the complaint as well as the order of the Magistrate taking cognizance on the complaint.2. The facts will be given briefly so that the legal points which have been raised by the parties can be appreciated. The non petitioners No. 2 is a Cement Manufacturing Company having its factory at Sitapur, Tehsil Nawalgarh. The petitioner No. 1 is a company having its registered office at Bulandshahar U.P. and is primarily marketing cement, fertilizers, scooters etc. Th...
Lalchand Vs. U.O.i. and ors.
Court: Rajasthan
Decided on: Jan-20-1993
Reported in: 1993WLN(UC)32
J.R. Chopra, J.1. The short point involved in this special appeal is that a particular seniority was assigned to the petitioner and his fixation was done according to that seniority but that seniority was revised. The petitioner came before this court in writ petitioner to challenge that revision of the seniority on the ground that before ordering revision of the seniority he has not been heard. The learned Single Judge has taken a view that the seniority was determined under mistake and therefore rectifying a bonafide error an opportunity of hearing was not essential and consequently the writ petition has been dismissed. In the meanwhile it so happened that on account of the decision of the learned Single Judge recoveries were ordered to be made on account of the wrong fixation made by the competent authority and, therefore, now it is that order of recovery which has been challenged before us in this special appeal.2. Mr. Upadhyay, learned Counsel for the appellant has submitted that ...
Pali Filling Station Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-19-1993
Reported in: AIR1993Raj138; 1993(2)WLC111
ORDERRajendra Saxena, J.1. The petitioner firm through this writ petition has challenged the validity and legality of order dated 29-2-92 (Annex. 6), whereby the District Collector (Supply), Pali suspended its licence under Clause 11 of the Rajasthan Petroleum Products (Licensing and Control) Order, 1990 (hereinafter referred to as 'the Order, 1990') for a period of 30 days as well as the order dated 31-3-92 (Annex. 14) passed by the District Supply Officer, Pali (respondent No. 6) cancelling its licence No.32/91 under Clause 11 of the Order, 1990 and has prayed that the said orders be declared illegal and void and be quashed.2. The petitioner is a proprietary firm and Shanker Dan is its proprietor. Shankerdam was appointed as a dealer for the retail out let of petroleum Products at Ramasia, Pali by the Indian Oil Corporation (respondent No. 4) in the year 1976. However, for the reasons and circumstances best known to the respondent No. 4, neither any formal letter of appointment was i...
Rajasthan State Electricity Board Vs. Deputy Commissioner of Income-ta ...
Court: Rajasthan
Decided on: Jan-19-1993
Reported in: [1993]200ITR434(Raj)
M.B. Sharma, J. 1. The Rajasthan State Electricity Board (for short, 'the RSEB'), the petitioner herein, has challenged the levy and imposition of additional tax under Section 143(1A)(a) of the Income-tax Act, 1961 (for short, 'the Act'), and the consequent issuance of intimation dated February 12, 1992, amended on February 28, 1992, and the demand of Rs. 7,67,68,717, being illegal, unauthorised and in violation of the principles of natural justice, as null and void and has sought a writ of certiorari quashing the aforesaid demand.2. The RSEB submitted its return of income on December 30, 1991, for the financial year 1990-91 relevant to the assessment year 1991-92. In the said return, it has shown a loss of Rs. 4,27,39,32,972. For the aforesaid assessment year, the RSEB suffered a loss as per revenue account amounting to Rs. 1,68,39,37,000. It also claimed depreciation of Rs. 3,33,77,70,317 and, after disallowing inadmissible expenditure, the aforesaid total loss was shown in the retur...
Somalal Vs. State and ors.
Court: Rajasthan
Decided on: Jan-19-1993
Reported in: 1993WLN(UC)31
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that the impugned order dt. 27.5.91(Anx. 5) de-confirming the petitioner may be quashed and the petitioner may be sanctioned Medical leave from 23.9.1985 to 31.1.1986 and he should be fixed in the pay-scale rules and he should be given all due increments.2. The petitioner belongs to Scheduled Caste and he passed the STC Training Course and was duly selected for the post of IIIrd Grade Teacher in the pay-scale of Rs. 490-840 by the order dt. 1.2.1985 and was posted at Government Upper Primary School, Guard in district Udaipur. Thereafter petitioner's services were terminated during the summer vacations but he was again appointed and posted at Ukhadi, Tehsil Kherwara in district Udaipur. The petitioner fell sick and he applied for Medical Leave from 3.9.85 to 31.1.86. He left the Head Quarter after due permission. He sought his extension of leave. The petitioner thereafter joined back on 4.2.1986 and the Dy. Director Educa...
Smt. Lata Bai Vs. Mohan Lal Sukhadia University and anr.
Court: Rajasthan
Decided on: Jan-18-1993
Reported in: 1993WLN(UC)117
Rajendra Saxena, J.1. Heard and perused the relevant record.2. The petitioner passed her matriculation examination from Haryana Education Board in the year 1983. On 16.5.84 she was married to Shri Sube Singh, who is resident of village Sulkhania Chhota, Tehsil Rajgarh district Churu (Rajasthan). Thereafter, the petitioner passed Higher Secondary Examination from the Board of Secondary Education, Rajasthan in the year 1985, mark-sheet there of is Annexure-2. She also passed three years degree course from University of Ajmer in the year 1988 vide mark-sheet Annexure-3. Thereafter, she appeared in the Pre-Teaching Education Test, 1990 (in short, 'PTET'). Since, her father Amir Singh was a defence personnel, she was also categorised in the category of ward of offence personnel. She appeared in the said PTET and was declared successful having secured 262 marks vide mark-sheet Annexura-4: Her name was shown in districtwise merit list as out of state candidate. She had preferred for admission...
Mahabeer Mal Solanki Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-18-1993
Reported in: 1993WLN(UC)119
B.R. Arora, J.1. The petitioner Mahabeer Mal Solanki is the Editor, Publisher and Printer of a daily news paper 'Songarawani' published from Jalore. This news paper was approved for government advertisement by the Director of Information and Public Relations, Rajasthan, Jaipur, in the year 1985. In the year 1989, the publication of this news paper was suspended and the Director, Information and Public Relations, Rajasthan, Jaipur, therefore, by its letter dated 22.4.91, cancelled the recognition of news paper for the publication of the government advertisement. The petitioner made representations to the State Government and the Director for withdrawing the order cancelling the recognition of the 'Songarawani' for the publication of the advertisement of the State Government, but his case was not considered. The petitioner has, therefore, challenged the order Annexure. 5 passed by the Director, Information and Public Relations, Rajasthan, Jaipur.2. It is contended by the learned Counsel ...
Ugam Raj Vs. State
Court: Rajasthan
Decided on: Jan-14-1993
Reported in: 1993CriLJ2301
ORDERMilap Chandra, J. 1. This is a petition under Section 482, Cr.P.C. against the order of the learned Munsif, cum-Judicial Magistrate, Pipar City dated 09-09-92 by which he has refused to dismiss the complaint.2. It is contended by the learned Counsel for the petitioner that it was obligatory on the part of the Munsif-cum-Judicial Magistrate to dismiss the complaint on 7-9-92 as on that day the complainant was not present in person.3. In reply, it is contended by the learned Public Prosecutor that on 7-9-92 the complaint was filed, it was not obligatory for the complainant to appear in person on that day and on the next day i.e., 9-9-92 the complainant was present.4. Admittedly, 7-9-92 was not the date fixed for the appearance of the accused as required under Section 256(1), Cr.P.C. As such the provisions of Section 256, Cr.P.C. were not attracted on 7-9-92. Thus there is no substance in the petition moved under Section 482, Cr.P.C.5. Consequently, the petition moved under Section 4...
Nyas Employees Union Jodhpur Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-14-1993
Reported in: 1993WLN(UC)22
A.K. Mathur, J.1. This is a special appeal directed against the judgment of the learned Single Judge dated 28.5.1991.2. The brief facts, which are necessary for the convenient disposal of this appeal, are that the petitioner Vyas Employees Union has filed a writ petition under Article 226 of the Constitution of India with the prayer that the members of the Association may be given salary in the regular scale of pay on the basis of principle of equal pay for equal work from the date of their initial appointment with consequential benefits. It is also prayed that the respondents may be directed to regularise the services of the members of the petitioner Association on their respective posts with effect from the date of their initial appointment.3. The learned Single Judge after hearing both the parties held that the employees mentioned in Schedule A' who are in the service of the Urban Improvement Trust, Jodhpur on daily wages, are entitled to salary in the regular scale of pay of the po...
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