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Rajasthan Court March 1993 Judgments

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Mar 23 1993

Godu Ram Bhati S/O Punaram Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-23-1993

Reported in: 1993WLN(UC)71

B.R. Arora, J.1. Hear learned Counsel for the petitioner and the learned Public Prosecutor.2. The petitioner is appearing in the Senior Secondary (Academy) Examination, 1993, conducted by the Board of Secondary Education, Rajasthan, Ajmer. His form has been accepted and the permission by the Jail Authority has also been granted. The petitioner has also placed on record the admission card issued to the petitioner by the Board of Secondary Education Rajasthan, Ajmer, as well as the programme of the examination. From the programme of the examination it is clear that the examination will commence on March 26, 1993 and will last up to April 17, 1993. As the petitioner is appearing in the Senior Secondary (Academy Examination, 1993, of Board of Secondary Education, Rajasthan, Ajmer, after taking permission from the Jail Authorities, we, therefore, think it proper in the interest of justice to grant parole to the petitioner w.e.f. 25th March, 1993 to April 18, 1993.3. It is, therefore, ordere...


Mar 23 1993

Zamindara Motor Transport Cooperative Society Ltd. Vs. State Transport ...

Court: Rajasthan

Decided on: Mar-23-1993

Reported in: 1993WLN(UC)161

A.K. Mathur, J.1. Both 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 both these writ petitions, the facts given in the case of Zamindara Motor Transport Cooperative Society Ltd. v. State Transport Appellate Tribunal, Rajasthan, Jaipur and Ors. (S.B. Civil Writ Petition No. 927 of 1993) are taken into consideration.3. The petitioner by this writ petition has prayed that by a suitable writ, order of direction the order of the State Transport Appellate Tribunal, Rajasthan, Jaipur dated 2.2.1993 whereby the permit granted in favour of the petitioner on Sadhuwali to Ferozpur (Subsequently) extended from Sadhuwali to Ganganagar) has been cancelled may be quashed and set aside and consequently grant in favour of the R.S.R.T.C. be set aside.4. The petitioner is a Society registered under the Rajasthan Cooperative Societies Act, 1965. The petitioner is holding stage carriage permits on the r...


Mar 22 1993

Falcon Gulf Ceramics Ltd. Vs. Industrial Designs Bureau

Court: Rajasthan

Decided on: Mar-22-1993

Reported in: AIR1994Raj120; [1996]86CompCas207(Raj); 1993(3)WLC47

K.C. Agrawal, C. J.1. A petition, under Section 434 of the Companies Act (hereinafter to be referred to as 'the Act'), was filed by Industrial Designs Bureau for winding up of Falcon Gulf Ceramic Limited. The respondent entered into a Consultancy Services Contract with the appellant-company for layout, drawings, engineering, tender-invitation and supervision of construction of its factory, office and connected buildings of their project in Plot No. 223 to 226, Matsya Industrial Area. Desula, Alwar. The appellant-companywas registered under the Companies Act vide Certificate of Incorporation No. 3461 of 1985-86 dated 29-11-1985 as a public company limited by shares. On the basis offenders received, the work for the construction of the factory, office and buildings connected with the project of the company at Alwar was awarded on 15-6-1987 to M/s. Nucon India Pvt. Ltd., a Construction Contractor. The work under consultancy services contract stood completed on 14-5-1991. Prior to submissi...


Mar 22 1993

Chandra Prakash Agrawal Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-22-1993

Reported in: [1994]205ITR562(Raj)

M.B. Sharma, J.1. The petitioner seeks registration of criminal cases against the respondents for their alleged illegal and high-handed activities and thereafter to get the cases investigated by the Central Bureau of Investigation. A few other reliefs have also been claimed including the relief of awarding compensation.2. The case of the petitioner is that he is running a sarrafa business under the name and style of Messrs. Garg and Co. in a shop situated below Halidya House, Johri Bazar, Jaipur. He also has 'Dharam Kanta' in the corner of the said shop. Respondent No. 5, Chain Singh, joined as Station House Officer, Police Station, Manak Chowk, Jaipur, on or about January 10, 1991. According to the petitioner, respondents Nos. 6 and 7, namely, Anwar Khan and Sawai Singh, constables Nos. 3308 and 1842, respectively, were also posted at Manak Chowk Police Station under respondent No. 5, Chain Singh. Some time in the second week of January, 1991, each of them is said to have visited the ...


Mar 22 1993

Mst. Jameela Vs. Alimuddin

Court: Rajasthan

Decided on: Mar-22-1993

Reported in: 1993CriLJ2815; II(1993)DMC353; 1993(2)WLC517

Milap Chandra, J.1. This appeal is directed against the judgment of the learned Judge, Family Court, Jodhpur, whereby, he has rejected the applications for recovery of maintenance allowance and only allowed the amount payable for 'Iddat' period.2. Facts stated in short are that Mst. Jameela had filed an application Section 125. Cr. P.C. against the respondent Alimuddin, which was finally decided on 6.6.1983 by awarding Rs. 125/- per month as maintenance allowance to the appellant.3. When no amount was paid by the respondent, the appellant moved applications for recovery of the arrears of maintenance allowance under Section 125(3), Cr. P.C. In consequence of these applications, the arrest-warrants were issued against the respondent and thereafter he made some payment towards the arrears to the appellant.4. The respondent, thereafter filed a revision petition against the order dated 6.6.1983, which was also dismissed by the learned Sessions Judge.5. In the meantime, the Muslim Women (Pro...


Mar 22 1993

Panchiya Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Mar-22-1993

Reported in: 1993CriLJ2036; 1993WLN(UC)204

B.R. Arora, J.1. These two appeals arise out of the judgment dated August 23, 1983, passed by the Sessions Judge, Banswara, by which the learned Sessions Judge convicted the accused-appellant for the offence under Section 302, I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 1,000/-and in default of payment of fine further to undergo three months simple imprisonment.2. D. B. Criminal (Jail) Appeal No. 312 of 1985, has been filed by the accused-appellant challenging his conviction and sentence passed by the learned Sessions Judge, Banswara, while D. B. Criminal Appeal No. 245 of 1986, has been filed by the State for the enhancement of the sentence.3. On September 15, 1984, in the night at about 11.00 p.m., Khatiya, Smt. Seeta, Manek, Rami and Kesar were murdered in their house situated in village Dunglawani Poslikheda in Banswara district. The report of the incident was lodged on 16-9-1984, at 8.00 p.m. by one Mangla at Police Station, Peepalkhunt. The case of...


Mar 22 1993

Chandra Prakash Agrawal Vs. State of Rajasthan and Others.

Court: Rajasthan

Decided on: Mar-22-1993

Reported in: (1993)119CTR(Raj)216; [1993]205ITR562(Raj)

ORDER UNDER S. 132(5)--Cash and silver recovered by police officer requisitioned and taken into possession by IT authorities under s. 132A.Held :Even if the officer mentioned in s. 132A in consequence of information in his possession, has reason to believe that any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the Act by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law for the time being in force, then such officer can authorise the Deputy Director, etc., to require the officer or authority to deliver such books of account, other documents or assets to the requisitioning officer. As and when action is taken under s. 132A of the IT Act, the provisions of s. 132 of that Act are applicable. From the papers shown to the court, in respect of cash of Rs. 2 lakhs and silver weighing 4.865 kg an order under s. 132(5) read wi...


Mar 22 1993

Hariya Vs. State of Rajasthan

Court: Rajasthan

Decided on: Mar-22-1993

Reported in: 1993WLN(UC)72a

Y.R. Meena, J.1. Heard learned Counsel for the petitioner and learned Public Prosecutor for the State.2. So far ten witnesses are examined. Six witnesses have been declared hostile including two eye witnesses namely, PW 3 Kikaram and PW 9 Mangi The total 31 prosecution witnesses are to be examined. The examination of rest of the witnesses will take time in completion of the trial.3. Considering the facts and circumstances of the case, I am inclined to grant him bail. Hence, it is ordered that the petitioner, Hariya Rabari be enlarged on bail, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- cash to the notification of Addl. Sessions Judge Bali for the appearance in that court on the next date of hearing and as end when called upon to do so....


Mar 19 1993

Dinesh and anr. Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-19-1993

Reported in: AIR1993Raj187

Rajendra Saxena, J. 1. Aforementioned petitioners by means of these writ petitions filed under Article 226 of the Constitution of India have prayed that the office order dated 26/4/91, issued by the Superintendent, Associated Group of Hospitals, Jodhpur (respondent No. 2) cancelling their admission in the Radiographers Training Course, be declared illegal and quashed and the respondents be directed to treat them eligible for the said course and allow them to continue in the said course and to declare their result.2. Since the facts of both the writ petitions are similar and identical points of law are involved therein, they are being disposed of by a common order.3. Now briefly the facts. It is alleged that the petitioners passed Uttar Madhyama (Intermediate) Examination, 1990 in first division from the Varanaseya Sanskrit Vishwa Vidyalaya, Varanasi with Shanskrit, Hindi, English, Physics, Chemistry and Biology subjects vide their marksheets Annex. 1.The State Govt. through the Directo...


Mar 19 1993

iqbal Singh Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-19-1993

Reported in: 1993WLN(UC)156

Rajendra Saxena, J.1. The petitioner through this writ petition prayed that the order dated 7.9.90 (Annex. 8) passed by the SDO (Revenue), Hanumangrah under Clause 8(2) of the Rajasthan Colonization (General Colony) Conditions, 1955 (hereinafter referred to as 'the Colony Conditions, 1955') be declared a nullity; that the action taken by the Tehsildar (Revenue), Hanumangrah (Respondent No. 3) vide proceedings dated 10/9/90 (Annex. 12) as well as the action taken by the respondents No. 2 and 3 on 14.9.90 be quashed and they be restrained from interfering in his cultivatory possession on his agricultural land comprising Kila Nos. 3, 4, and 5 of Square No. 59/283 of Chak No. 1 LGW of Hanumangarh Tehsil.2. Briefly the relevant facts are that the petitioner and his brother Narayan Singh (respondents No. 17) are the recorded khatedars of agricultural land of Square No. 59/283(65) situated in Chak 1 LGW of Panchayat Dabli Maulvi Vas alongwith other agricultural holdings. The agricultural land...


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