Rajasthan Court February 1993 Judgments
YasIn Khan Vs. O.N.G.C.
Court: Rajasthan
Decided on: Feb-25-1993
Reported in: (1995)ILLJ393Raj; 1993(2)WLC68
Jain, J.1. This special appeal under Section 18 of the Rajasthan High Court Ordinance has been filed by Yasin Khan against the order of the learned Single Judge of this Court dt. January 25, 1993 dismissing his writ petition. 2. The facts which are necessary to be noticed for the disposal of this special appeal briefly stated are that one Ramdeo Choudhary, an employee of Oil and Natural Gas Commission, lodged a complaint against the petitioner Yasin Khan, a driver in the ONGC, alleging that Yasin Khan abused and hit him for a news paper on March 16, 1982 at about 9.15 p.m. On hearing the uproar some other employees reached the spot and they intervened in the matter. Thereupon a case under Section 341 and 323 IPC was registered against the petitioner at P.S. Girav, Distt. Barmer. After due investigation challan has been filed in the court of Munsif and Judicial Magistrate 1st, Banner. On the other hand, the Commissioner also charge-sheeted the petitioner vide memorandum dt. July 2, 1972...
Tag this Judgment!Darshan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-25-1993
Reported in: 1993CriLJ1973
ORDERRajesh Balia , J.1. Heard.2. Learned counsel for the petitioner has urged that after passing the order for interim bail under Section 438, Cr.P.C., the Addl. District and Sessions Judge, Hanumangarh has further imposed a condition that he should deposit Rs. 25,000/- in the Gurdwara Account or should furnish a Bank guarantee for payment of amount of Rs. 25,000/-, alleged to have been embezzled by him in his capacity of Manager/Granthi of the Gurdwara, failing which the interim order granted under Section 438, Cr.P.C. shall stand revoked. Imposition of this condition, according to learned counsel, is not warranted under the provisions of Section 438, Cr.P.C. as it amounts to determination of civil dispute between the parties and not related to purpose for imposing conditions while granting bail. It may be noticed that the case against the petitioner-accused is that he has embezzled Rs. 25,000/- from accounts of the Gurdwara. In support of his contention, learned counsel relied on Bh...
Tag this Judgment!Mohd. Bux Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-22-1993
Reported in: AIR1993Raj211; 1993(2)WLC11
Mathur, J. 1. This matter has been referred to this Full Bench by Hon'ble the Chief Justice on account of the reference made by the learned single Judge by his order dated 2-2-1982, whereby the learned single Judge has referred the following four questions for consideration of the Full Bench, which read as under :--'I. Whether under the Rules of 1977 in the lease of brick-earth, establishment of brickkiln is also implied and if so whether subject matter of allotment of sites for establishment of brick-kilns is covered by the Rules of 1977?' '2. Whether the Rajasthan Colonisation Project Areas Brick Kiln (Lease) Conditions, 1966 only deal with the allotment of sites for the establishment of brick-kiln, a subject covered by Entry 18 of the List I of Schedule VII of the Constitution and as such are valid?'3. Whether the Rajasthan Colonisation Project Areas Brick Kiln (lease) Conditions, 1966 are beyond the authority of the State Government and as such are ultra vires of its powers?4. Whet...
Tag this Judgment!Ashok Kumar and 9 ors. Vs. State Farm Corpn. of India Ltd. and anr.
Court: Rajasthan
Decided on: Feb-22-1993
Reported in: (1994)ILLJ1217Raj; 1993(2)WLC165
A.K. Mathur, J.1. All these writ petitions involve common questions of law and facts. Therefore, they are disposed of by this common order.2. For the convenient disposal of all these writ petitions, the facts given in the case of Ashok Kumar v. State Farm Corporation of India Ltd. and Anr. (S.B. Writ Petition No. 5602 of 1991) are taken into consideration.3. The petitioner by this writ petition has prayed that the Instructions dated July 26, 1991 (Annex. 2) issued by the Director-in-Charge may be quashed and the termination of the petitioner's services with effect from October 12, 1991 may also be quashed.4. The petitioner was an employee of the State Farm Corporation of India Ltd. an undertaking of the Government of India. The petitioner passed his 8th class and belongs to a very poor family. He was employed as daily paid worker on March 8, 1991 in the Central State Farm, Suratgarh. Initially he was engaged only for a period of 24 days i.e. March 8, 1991 to March 31, 1991 and therefte...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Shiv Baboo Singh
Court: Rajasthan
Decided on: Feb-22-1993
Reported in: (1994)IILLJ434Raj; 1993(2)WLC198
K.C. Agrawal, C.J.1. Shiv Baboo Singh - the respondent - was initially appointed as a Clerk in the Food and Civil Supplies Department, State of UP. On retrenchment in the year 1954 he was absorbed in the Railway Department and was appointed as Clerk in the Mechanical Department on March 17, 1955. He was later promoted as SeniorCIerk. Under the instructions of the Government of India, all the employees who were retrenched from service in the Department of Food and Civil Supplies, State of UP. and later absorbed in the Railways were given advantage of their service to their credit in their earlier Department and the fixation of pay and increment, D.A. etc. was to be made accordingly, after taking into consideration the service rendered by the employees before being absorbed in the Railways.2. The case of the respondent since about fixation was pending, he met Sh. P.R. Seshan, Divisional Personnel Officer, Kota to expedite and finalise his case. The respondent, thereafter, complained to t...
Tag this Judgment!Peer Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-22-1993
Reported in: 1993WLN(UC)107
Rajendra Saxena, J.1. This petition filed under Section 397(2)/401 read with Section 482 Cr.P.C. has been directed against the order dated 4.2.1992 passed by learned Sessions Judge Sirohi in Criminal Revision Petition No. 29/89 'State v. Peer Sing and Ors.', whereby he accepted the revision petition filed on behalf of the State and set aside the order of the learned Munsif & Judicial Magistrate, Shiv-Ganj dated 13.9.1989 discharging the petitioners of the offence under Section 498A I.P.C. and directed the learned Magistrate to pass orders in accordance with law after hearing the parties.2. Succinctly stated the necessary facts for the disposal of this petition are that on 22.9.1986 Shri Kushal Singh, S.H.O., Police Station, Shivganj registered Crime No. 68/86 under Section 498A I.P.C. on the basis of a F.I.R. lodged by him, wherein, it was alleged that the deceased Smt. Antar Kanwar was married to petitioner Peer Singh about 10 years ago, that her 'Gauna' ceremony had taken place about...
Tag this Judgment!Jagrup Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-18-1993
Reported in: AIR1993Raj157; 1993(2)WLC605
ORDERRajesh Balia, J.1. This petition pertains to acquisition of the petitioner's land situated at Chuck 2-e Chhoti Tehsil and District Sriganganagar. This is second time that the petitioner has come before this Court challenging the notification dated 9th September, 1987, issued under Section 4 of the Central Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), annexed along with the petition as Annexure 4, and declaration under Section 6 of the Act, dated 10-9-1987 (published in Gazette Extraordinary dated 11-9-1987), covering the land comprised in the notification Annexure 4, which has been annexed as Annexure 5, to the writ petition. The public purpose for which the land in question is sought to be acquired, so stated to be in these annexures, is that the land in question is required for construction of sewerage plant and strips, within the Municipal Council, Sriganganagar. In the first instance, after publication of notification under Section 4 of the Act, which was ...
Tag this Judgment!Chhatrabhuj Vs. Regional Director Insurance Corporation and anr.
Court: Rajasthan
Decided on: Feb-18-1993
Reported in: 1993WLN(UC)235
Rajesh Balia, J.1. This appeal has arisen cut of the order dated 24.8.1990 passed by the Employees State Insurance Court, Pali (Civil Judge, Pali) on an application under Section 75 of the E.S.I. Act.2. The short issue raised in the appeal is that the industrial area where the factory of the appellant is situated was included in the limits of the Pali Municipality by notification No. Fl(3)/SLG/74/35 dated June 18, 1975 and the provisions of the E.S.I. Act were extended to the said extended Municipal limits of the Pali Municipality with effect from 1st January, 1984. The demand for contribution to E.S.I, fund was made relating to the period between 1979 to 1982 from the plaintiffs and his likes. The contention of the appellant is that the E.S.I. Act itself was not applicable to the area prior to 1st January, 1984 and demand in respect of contribution to ESI fund against the plaintiff could not have been raised, for that period. He places reliance on 1992 (64) for that a decision of Raja...
Tag this Judgment!Narendrasingh Bhati Vs. RamnaraIn Bishnoi
Court: Rajasthan
Decided on: Feb-16-1993
Reported in: AIR1993Raj130; 1993(2)WLC98
ORDERJasraj Chopra, J.1. In this case, respondent No. I Shri R. N. Bishnoi has filed an application that his Excellency the President of India has dissolved the Rajasthan Legislative Assembly vide Notification dated December 15, 1992 published in Rajasthan Gazette Extraordinary dated December 15,1992 and, therefore, this election petition should be dismissed as having become infructuous.2. This election petition is based on the fact that certain irregularities ' have been committed in the counting. Certain votes which were cast in favour of the petitioner Shri Narendra Singh Bhati have been wrongly counted in favour of respondent No. I and certain votes which were cast in_ favour of the petitioner have been wrongly rejected and certain votes which were cast in favour of the petitioner were put in the rack of the respondent. Keeping in view all these irregularties in counting, the petitioner made a request for recount of the votes but that request was illegally rejected by the Returning...
Tag this Judgment!Mohammed Ayub Vs. Mohammed and Sons and ors.
Court: Rajasthan
Decided on: Feb-16-1993
Reported in: (1995)ILLJ978Raj
1. The above six revision petitions have arisen out of the various claims made by the petitioner Mohammed Ayub against the Firm M/s. Mohammed & Sons complaining against alleged illegal deductions of wages and bonus for different periods which according to him was payable to him. All the applications of the petitioner have been dismissed by the Authority under Payment of Wages Act, Bikaner (hereinafter to be called 'the Authority'), on the ground that dispute raised in the proceedings required determination of complicated question of fact and law which the Authority having limited jurisdiction, has no jurisdiction to decide. The orders passed by the Authority have been affirmed by the District Judge, Merta in appeals filed against respective orders of the Authority. Detail particulars of the claims and orders will be referred to hereinafter.2. Since question involved in all the revision petitions is common, arising out of the same set of facts and between the same parties, all the six r...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »