Rajasthan Court March 1993 Judgments
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Govind Singh Vs. State and ors.
Court: Rajasthan
Decided on: Mar-19-1993
Reported in: 1993(3)WLC272; 1993WLN(UC)242
Rajendra Saxena, J.1. The petitioner through this petition has prayed that the respondents be directed to consider his application and allot him a plot of land in the Jai Narayan Vyas Colony, Jaisalmer.2. Briefly the facts set out in the writ petition are that the petitioner, who is employed in the Indira Gandhi Nahar Project, Jaisalmer and whose annual income did not exceed Rs. 30,000/- submitted his application (Annex. 1) some time in July, 1988 to the Chairman of the Notified Area Committee, Jaisalmer (respondent No. 2) for allotment of a plot of land having an area 40 ft. x 70 ft. in the J.N. Vyas Residential Scheme. The Collector, Jaisalmer (respondent No. 3), who was also the Chairman of respondent No. 2, accepted petitioner's request for allotment of a plot of land and passed order for depositing his registration amount. It is the case of the petitioner that as per practice, the said Chairman had passed the order on application (Annex. 1) and no separate order for allotment was ...
Sankla Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-18-1993
Reported in: 1993WLN(UC)200
B.R. Arora, J.1. This appeal is directed against the judgment dated April 11, 1985, passed by the Sessions Judge, Sirohi, by which the learned Sessions Judge convicted and sentenced the accused-appellant Sankla for the offence under Section 302 I.P.C.2. The incident, which led to the prosecution of the appellant Sankla, took place in the night between November 16th and 17th, 1983 in village Positara(district Sirohi) when Smt. Laxmi (wife of the accused) was murdered. A written report of the incident was sent by one Bhanwar Lal at Police Station, Anadra, with Mansha Ram naming the accused-appellant Sankla as the perpetrator of the crime. The case of the prosecution is that in the intervening night of November 16/17, 1983, accused Sankla murdered his wife Smt. Laxmi by a Khunt and in the morning when an enquiry was made from him as to what had happened, he confessed his guilt before his brother PW 2 Rawta, PW 3 Laxmi W/o Rawta and PW 4 Raghu W/o Roopa. He, also confessed his guilt before...
Bhagwan Das Rajak Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-18-1993
Reported in: 1993WLN(UC)152
A.K. Mathur, J.1. The petitioner by this writ petition has challenged the order of his compulsory retirement dated 16.8.1991 (Annex. 8) passed under Sub-rule (2) of Rule 244 of the Rajasthan Service Rules, 1951 (referred to hereinafter as 'the Rules of 1951).2. The petitioner was lastly posted as District Extension Officer and was in the employment of Indra Gandhi Canal Project, Command Area Development at Suratgrah. Prior to this he was posted as District Agriculture Officer, Agriculture Department, Government of Rajasthan, Sawai Madhopur. While the petitioner was posted at Sawai Madhopur he was directly under the supervision of respondent No. 2 Sardar Jaspal Singh the then Deputy Director, Agriculture (Extension), Sawai Madhopur (Since retired). It is alleged that Sardar Jaspal Singh was not happy with the petitioner on account of various reason. Therefore, the petitioner apprehended that he will spoil his confidential reports and, therefore, he informed the Director of Agriculture S...
Raghunath Puri Goswami Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-18-1993
Reported in: 1993WLN(UC)155
J.R. Chopra, J.1. The case of the petitioner is that certain posts of Librarian were advertised by the Distt. Education Officer, Pali way-back in the year 1987. The petitioner applied for that post and was called for interview. But thereafter he did not hear about it. It is his contention that he made several representations to know about the result of selection process. Of course copies of those representations have not been filed, but the contention of petitioner is that a selection has taken place and appointments have not been given because of ban imposed by the State Government on any fresh appointments. The ban was imposed on 20.5.88 and came to be lifted on 27.12.89. It was not the fault of petitioner that he was not appointed on account of the ban. Vacancies exist after the ban was lifted and, therefore, the petitioner should have been given appointment.2. The contention of Mr. Bhati is that merely because the petitioner has been called for interview, it confers no right on him...
Haliya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-17-1993
Reported in: 1993CriLJ2144; 1993WLN(UC)145
B.R. Arora, J.1. This appeal is directed against the judgment dated June 19, 1985, passed by the Sessions Judge, Dungarpur, by which the learned Sessions Judge convicted the accused for the offence under S. 302, I.P.C. and sentenced him to undergo imprisonment for life.2. The incident, which led to the prosecution of the appellant took place on April 7, 1984, in the morning at about 4.00-5.00 a.m. when one Mst. Hakra was murdered by the accused-appellant in her house situated in village Chitri. Accused was seen by PW7 Soma while he was entering the house of Mst. Hakra armed with a Dhariya when PW7 Soma was going to clear the call of the nature. After the entrance of the accused in the house of Hakra, he heard some noise of inflicting injuries and when PW7 Soma was returning after clearing the call of the nature, he saw the accused coming out from the house armed with a Dhariya. The written report of the incident was lodged by PW7 Soma at Police Station, Chitri at about 8.15 a.m.3. The ...
Babura Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-17-1993
Reported in: 1993CriLJ2696
B.R. Arora, J.1. This appeal is directed against the judgment dated March 29, 1985, passed by the Sessions Judge, Jalore, by which the learned Sessions Judge convicted and sentenced the accused-appellant for the offence under Sections 302 and 447 IPC.2. The incident, which led to the prosecution of the accused-appellant, took place on 12-11-83 at dinner time near the Barwa tube-well situated in the out-skirt of village Gajapura, where Hamira S/o Moola was murdered by the accused-appellant. The case of the prosecution is that deceased Hamira, Bharmal and Chela were on the Barwa tube-well. Bharmal and Chela left for the village for taking their meals while Hamira remained on the tube well. Hamira slept near the tube well. When Bharmal and Chela came towards the village, they saw accused Babura armed with a Kulhari, going towards the tube well. Both remained standing there in order to see where Babura was going. Babura proceeded towards the tube well where Hamira was staying. When they sa...
Dharji Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-17-1993
Reported in: 1993WLN(UC)141
B.R. Arora, J.1. This appeal is directed against the judgment dated January 25, 1985, passed by the Sessions Judge, Banswara, by which the learned Sessions Judge convicted and sentenced the accused-appellant for the offence under Section 302 I.P.C.2. The appellant was tried by the learned Sessions Judge, Banswara, for the offence under Section 302 I.P.C. for committing the murder of his wife Smt. Kamla. The case of the prosecution is that on 15.5.84, Nahar Singh (PW 1) came alongwith his bullocks. At that time his sister-in-law was grinding the wheat. He heard the cries 'MAARE RE MAARE RE'. After hearing the cries when Nahar Singh reached in front of the house his brother, he saw his brother Dharji (accused-appellant) coming out of the house. At that time his brother Dharji was armed with a naked sword, by which he tried to kill him, but he got himself escaped. Udiya (PW 2), also, came there and the accused tried to inflict injury to him, also, but he, also, went inside the house. Ther...
igyar Dass Vaishnav Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-17-1993
Reported in: 1993WLN(UC)148
Rajendra Saxena, J.1. The petitioner by means of this writ petition has sought the relief of mandamus and prayed that the respondents be directed to promote him on the post of LDC from the date his juniors have been given such promotions with all consequential benefits.2. Succinctly, the relevant facts are that the petitioner was appointed as Class IV employee by the Collector, Pali, (respondent No. 2) by his order dated 3.12.1977 (Annex. 1) and was posted in Tehsil Pali. Thereafter, he was made a substantive employee vide order dated 5.1.81 (Annex. 2) w.e.f. his date of initial appointment i.e. 3.12.1977. He passed the Rashtra Bhasha Kovid Examination of the Rashtra Bhasha Prachar Samiti, Vardha in the year 1980 vide certificate Annex. 15 and passed the Secondary School Examination, 1981 in English subject from the Board of Secondary Education, Rajasthan vide Annex. 16. At that time, the Rashtra Bhasha Kovid certificate was recognised equivalent to Secondary Examination in Hindi subje...
Hindustan Machine Tools Ltd. Vs. Labour Court and anr.
Court: Rajasthan
Decided on: Mar-11-1993
Reported in: (1993)IILLJ1219Raj; 1993(1)WLC698
G.S. Singhvi, J.1. These three petitions arise out of a common order dated January 5, 1987 passed by the Labour Court, Rajasthan, Jaipur in case No. LCC 35/85, Case No. LCC 124/85, Case No. LCC 125/85 filed by 71 employees claiming overtime wages in terms of the Factories Act, 1948. Since the Labour Court has decided all the three applications by the common order and facts of all these writ petitions are by and large common, I am deciding all these writ petitions by a common order.2. The facts which are necessary for deciding controversy involved in these writ petitions are that the petitioner Hindustan Machine Tools is a company owned and controlled by the Government of India. It has its factories at various places in India as well as abroad. One of its factories is at Ajmer which is engaged in manufacture of machine tools. This factory is governed by the provisions of the Factories Act, 1948 (for short 1948 Act). The respondent - workmen filed three separate applications under Sectio...
Union Bank of India Vs. Gopi Krishna and ors.
Court: Rajasthan
Decided on: Mar-11-1993
Reported in: 1993WLN(UC)226
Rajesh Balia, J.1. This revision petition is directed against the order dated September 4, 1992 passed by the Additional District Judge No. 2 Jodhpur in the defendant-petitioner's appeal against the order of the Civil Judge, Jodhpur dated March 17, 1989.2. Respondent No. 1 Gopi Krishan had filed the suit for ejectment and arrears of rent against the defendant-petitioner interalia on the ground that he was committed default in making payment of rent as envisaged under Section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short hereinafter to be called as the Act') and has rendered himself liable for edjucement from the suit premises.3. The defendant denied that the relationship of the landlord and tenant exist between himself and the plaintiff. The trial Court while considering the matter for the purposes of determining the amount of rent payable to the plaintiff-landlord under Section 13(3) of the Act, came to the conclusion that the relationship of l...
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