Rajasthan Court January 1993 Judgments
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Malam Singh Son of Shri Kalulal Chaudhary Vs. Sunderlal Son of Shri La ...
Court: Rajasthan
Decided on: Jan-07-1993
Reported in: 1993(1)WLC412; 1993WLN(UC)9
Rajesh Balia, J.1. A short but interesting question is raised in this Revision Petition as to what should be the basis for valuating a suit for the purpose of deciding pecuniary jurisdiction of the court to entertain it in a case, where a suit for eviction against the occupant of the property is filed by a person who is assignee of the property from mortgagee and the person in occupation is a tenant, inducted by the mortgagee, whether the suit is to be valued as rent eviction suit or as a suit for possession against mortgagee simpliciter, is the question?2. The brief facts of the case are that the present petitioner was inducted as a tenant of the shop situated in Udaipur by one Dalchand Parmar. The said shop was mortgaged with Dalchand Parmar by the present plaintiff-respondent Sunderlal. Sunderlal redeemed the mortgage and thereafter filed the present suit for evicting Malam Singh, defendant from the suit shop. He alleged in his plaint that since the defendant was inducted as a tenan...
Smt. Suki and ors. Vs. Hem Singh and ors.
Court: Rajasthan
Decided on: Jan-06-1993
Reported in: 1994ACJ1024; AIR1994Raj101
B.R. Arora, J. 1. This appeal arises out of the Award dated 7-5-91, passed by the Judge, Motor Accident Claims Tribunal, Bali, by which the learned Judge of the Tribunal awarded a sum of Rs. 1,00,240; - along with interest @ 12% per annum from the date of the claim petition till the date of realization. The Award has been challenged by the claimants on account of insufficiency of the amount awarded by the Tribunal.2. Deceased Jagdish Chahdra along with four-five other persons, was coming from Udaipur to Jodhpur and was travelling in a taxi-car No. RST 4638. This taxi-car was owned by one Piush Kumar and was driven by its driver Hem Singh. It was comprehensively insured with the United Insurance Company. The taxi-car was driven rashly and negligently by the driver Hem Singh and, therefore, it met with an accident about two kilometres from village Dhola and struck against a tree on the left side of the road. On account of this accident, Jagdish Chandra and Krishna Lal died on the spot wh...
The New India Assurance Co. Ltd. Vs. the Central Industrial Tribunal a ...
Court: Rajasthan
Decided on: Jan-06-1993
Reported in: (1993)IILLJ26Raj; 1993(1)WLC364
1. The stay-application has been listed for final disposal 2. Ad-interim stay was granted by this Court on May 8, 1992, where by the operation of the award dated November 22, 1991, was suspended.3. Learned counsel for the respondent has argued that absolute stay should not be continued as it could not be granted by this Court, even ex-party, in view of the mandatory provisions of Section 17(B) of the Industrial Disputes Act, 1947 (here-in-after referred to as 'The Act of 1947'). His contention is that in the instant case, the respondent has been facing litigation ever since 1988 till the dale. It was after adjudication that the award has also been passed in his favour, be should not be denied the fruits of litigation when he has succeeded both before the Tribunal as well as before the learned Single Judge, in writ petition. It is also submitted that the award is in the shape of a money decree which should not be stayed as no irreparable loss is caused. He in support of his contentions ...
Hindustan Machine Tools Ltd. Vs. Industrial Tribunal and anr.
Court: Rajasthan
Decided on: Jan-06-1993
Reported in: (1993)ILLJ1168Raj; 1993(1)WLC415
G.S. Singhvi, J.1. Order of reference dated October 6, 1982 (Ex.5) passed by the Government under Section 10(1)(d) read with Section 12(5) of the Industrial Disputes Act, 1947 (for short Act of 1947) and the award dated September 21, 1984 (Ex.7) passed by the Industrial Tribunal, Jaipur, in I.T. Case No. 306/82 have been challenged in this writ petition filed under Articles 226 and 227 of the Constitution of India.2. Hindustan Machine Tools Ltd. is an instrumentality of Central Government having its Head Office at Bangalore. It has 18 factories/ units all over India including the one at Ajmer. H.M.T. Shramik Sangh is a registered Trade Union of the employees and is recognised by the Managing Committee of the petitioner company. The respondent No. 2 submitted a charter of demand to the management of the petitioner company and then approached the Conciliation Officer cum Regional Assistant Labour Commissioner, Ajmer. Since the parties could not settle the matter a failure report was subm...
Satya NaraIn Sharma and ors. Vs. Rastriya Mill Mazdoor Sangh and ors.
Court: Rajasthan
Decided on: Jan-06-1993
Reported in: 1993WLN(UC)1
B.R. Arora, J.1. This revision petition is directed against the order dated January 25, 1992, passed by the Munsif and Judicial Magistrate, First Class, Gulabpura, by which the learned Munsif dismissed the application filed by the defendant and held that the Civil Court had the jurisdiction to try the suit.2. Plaintiff Rastriya Mill Mazdoor Sangh, Kharigaon, Gulabpura, and its Office-bearers Mohammed Ilias and Ors. filed a suit for declaration and mandatory injunction against the defendant Satya Narain Sharma, Bhartiya Textiles Shramik Vikas Sangh, Gulabpura. It is averred in the plaint that the plaintiff is a registered trade union registered under the trade Union Act, 1936 (for short, 'the Act, 1936') and has a right to represent the cases of the workers of its union before the Court under the Industrial Dispute Act,-1947, (for short the Act, 1947). The defendant Satya Narain Sharma in the name of a fake union Bhartiya Textiles Shramik Vikas Sangh, Gulabpura, is collecting the subscr...
Dev Dutt Vyas Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-06-1993
Reported in: 1993WLN(UC)6
A.K. Mathur, J.1. Petitioner by this writ petition has prayed that the respondents may be directed that the recommendations made by the Departmental Promotion Committee recommending name of respondent No. 3 for the post of Director, Government Press may be declared to be invalid and the respondents may be forbidden from giving effect to the recommendations of the D.P.C. and the respondents may be directed to appoint the petitioner to the post of Director of the Printing and Stationery, Government of Rajasthan.2. Petitioner obtained a Diploma in printing Technology from Board of Technical Education, Uttar Pradesh. Petitioner came to be appointed for the post of Printing Foreman and was posted at Government Press, Alwar. Thereafter, he was promoted to the post of General-Foreman in the year 1967. Then the post of the Superintendent and of Assistant Superintendents in Government Presses were advertised by the Rajasthan Public Service Commission. Petitioner applied for the aforesaid post a...
Manak Chand and ors. Vs. Municipal Board
Court: Rajasthan
Decided on: Jan-06-1993
Reported in: 1993WLN(UC)69
A.K. Mathur, J.1. Heard learned Counsel for the respondents as counsel for the petitioner is absent.2. Petitioner by this writ petition has prayed that the respondents may be directed not to send back the petitioners to the post of Safai Karamchari and the orders Annexs. 1 to 5 be quashed. Petitioners were initially appointed as class 4 employees in the respondent Municipal Board i.e. Safai Karamcharees. Thereafter they were asked to discharge the duties of Naka Guard. The respondent in his reply has submitted that initial appointment of the petitioner was as Safai Karamcharees only and they were posted as Naka Guards. But since the condition of maintenance of the town is deteriorating, therefore, these persons were sent back to work on the post of Safai Karamcharees by withdrawing them and they were asked to discharge the duties of Safai Karamcharees. Since the appointment of these persons was initially as Safai Karamcharees, therefore, there is nothing illegal to send them back to wo...
Prem Sukh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-05-1993
Reported in: (1993)IILLJ43Raj; 1993(1)WLC402
N.L. Trbrewal, J.1. No return has been filed on behalf of the respondents inspite of the fact that sufficient time has already been given. The writ petition was admitted on June 15, 1992. Thereafter, on September 14, 1992 one month's time was granted for filing the reply and again on November 23, 1992 one month's time was granted. The learned Dy. G.A. though seeks time to file the reply, but taking into consideration the facts of the case and the fact that sufficient time has already been granted, I decline his prayer.2. The petitioner was holding the post of X-Ray Technician in Government T.B. Clinic, Kota on March 2, 1987. It is alleged that at the instance of one Shankar Lal a trap was arranged by the Anti- Corruption Department, Kota, as the petitioner was demanding Rs. 20/- for tea, etc. After carrying out the trap operation a criminal case was registered against him under Section 161 IPC Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act. After registratio...
Kalu Ram S/O Shri Ganga Ram Vs. Charan Singh and anr.
Court: Rajasthan
Decided on: Jan-04-1993
Reported in: AIR1994Raj31
ORDERRajesh Balia, J.1. The respondent-Charan Singh filed a suit in the court of Civil Judge, Sriganganagar, against Hazari Ram, since deceased, seeking mandatory injunction, directing the defendant-Hazari Ram to execute a sale-deed in favour of the plaintiff. Hazari Ram died during the pendency of the suit and his widow Musammat Roopi Devi was impleaded as Defendant, as legal representatives of Hazari Ram. The suit filed by the plaintiff-respondent was decreed on 24-5-1982. Aggrieved with the same, Mst. Roopi filed an appeal in the Court of Addl. Districat Judge No, 1, Sriganganagar The appellant Mst. Roopi Devi died during the pendency of appeal, on 7-8-1990. On 30th August, 1990, Kalu Ram, the present petitioner before this Court, moved an application under Order 22, Rule 4, for being impleaded as Legal Representative of Musammat Roopi, on the basis of a registered Will, executed in his favour by Mst. Roopi on 4-8-1990.2. A reply to the application was filed, in which it was denied ...
Vishambhar Dayal Munna Lal Basseri Vs. Assistant Commercial Taxes Offi ...
Court: Rajasthan
Decided on: Jan-04-1993
Reported in: [1993]88STC547(Raj); 1993(1)WLC151
K.C. Agrawal, C.J. 1. Ram Bharosi Lal Ramesh Chand was a partnership firm having four partners. Three of them retired. On their retirement, only one partner--Munna Lal was left. He continued to carry on the business which was started by the firm in 1970-71. He was allowed the benefit of Section 5CC of the Rajasthan Sales Tax Act, 1954 and forms S.T. 17A were issued to him. The assessing authority did not accept the claim being granted benefit of Section 5CC and levied the tax on the purchases of raw material amounting to Rs. 18,160 at 1 per cent being the difference between Section 5CC and 5C and also imposed the penalty under Section 16(1)(e).2. The said levy of tax and imposition of penalty were disputed by the assessee-Munna Lal in appeal filed before the Deputy Commissioner (Appeals II), Commercial Taxes, Jaipur. The appeal was allowed on the finding that the unit being the same as it was when the exemption under Section 5CC was granted, Munna Lal was entitled to get the same. As a...
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