Rajasthan Court July 1993 Judgments
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Prem Chand Son of Gokaldas Sindhi Vs. the State of Rajasthan Through t ...
Court: Rajasthan
Decided on: Jul-08-1993
Reported in: 1993WLN(UC)322
Rajesh Balia, J.1. This revision is directed against the order of the District Judge Udaipur dt. 5.6.93 affirming the order of rejection of application under order 39 Rule 1 and 2 C.P.C. passed by the Learned Munsif and Judicial Magistrate, First Class Udaipur City (North), Udaipur dt. 17.5.93.2. The brief facts which led to this revision may be stated that the petitioner was registered as 'A' class contractor, the defendant issued an order on i. 12.92 that the petitioner shall pay Rs. 3,78,591/- which were claimed as damages for breach of agreement else he will be blacklisted and may not be allowed to participate in future tenders. The petitioner filed a suit for permanent injunction restraining defendants from giving effect to that order and also prayed for temporary injunction that on the basis of said demand, the petitioner may not be blacklisted by the defendants and he be not further precluded from participated in future contracts.3. Principal contention of learned Counsel for th...
Periwal Trading Corpn. Vs. Regional P.F. Commissioner
Court: Rajasthan
Decided on: Jul-07-1993
Reported in: (1996)ILLJ415Raj
Kochhar, J. 1. All these four appeals, under Section 18 of the Rajasthan High Court Ordinance 1949, arise out of the common order dated March. 29, 1990 passed by a learned Single Judge of this Court. The brief facts giving rise to these appeals are as under :- 2. M/s Modern Steels is a firm with Shri Krishna Kumar Lohia son of Shri Narendra Kumar Lohia as 'Karta' of Krishna Kumar Saurav Kumar H.U.F. and his sister Smt. Rama Goyal wife of Shri Kailash Nath Goyal as partners. This firm has established a factory at Kota in which cold rolling of steel is done. The factory came within the purview of the Employees Provident Fund & Misc. Provisions Act, 1952 the Act) w.e.f. August 18, 1982 as it had fulfilled the conditions of applicability envisaged under Clause (a) of Sub-section (3) of Section 1 of the Act. It was allotted Code No. RJ/3346 and it started depositing the provident fund dues w.e.f. September 1982. 3. M/s Narayani Udhyog is a firm with Shri Narendra Kumar Lohia as 'karta' of N...
Nemi Chand Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-07-1993
Reported in: 1993WLN(UC)95
B.R. Arora, J.1. The petitioner, by this writ petition, has challenged the order dated 19-12-92 (Annexure. 4), passed by the Superintending Engineer, public Health and Engineering Department, Circle Pali, by which a penally of withholding of three annual grade increments with cumulative effect was imposed upon the petitioner in a departmental enquiry held against him under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (for short, 'the C.C.A. Rules, 1958).2. The petitioner was working as the Upper Division Clerk in the public Health and Engineering Department at Sojat (district Pali). A departmental enquiry was initiated against him under Rule 17 of the C.C.A. Rules, 1958. After holding the enquiry, the Disciplinary Authority imposed on the petitioner the penalty of stoppage of three annual grade increments with cumulative effect by its order dated 19.12.92 (Annexure. 4). The punishment of withholding of three annual grade increments with cumulat...
iswar Singh Vs. Ganga Singh and ors.
Court: Rajasthan
Decided on: Jul-06-1993
Reported in: AIR1994Raj62
ORDERRajendra Saxena, J.1. Petitioner by means of this writ petition has prayed that by an appropriate writ, order or direction, the order dated 6-8-1991 (Annex. 3) passed by the District Collector, Nagaur be quashed and respondents Nos. 1, 3, 4 & 5 be directed not to interfere in his possession and not to demolish construction raised by him on the disputed plot of land.2. Succinctly stated the petitioner's case is that he purchased the disputed plot of land measuring 80 ft. x 35 ft. = 3111 / 9 square yards situated in Ward No. 1, Nagaur vide registered sale deed dated 30-4-1991 (Annex. 1) from Shri Sag Ram Jat (respondent No. 2) and procured permission to raise construction thereon from the Municipal Board, Nagaur (respondent No. 3) vide permission letter dated 22-7-1991 (Annex. 2) and also started construction. That on 7-9-1991, Ganga Singh (respondent No. 1), who is now Chairman of the Municipal Board, Nagaur, along with his staff came to the said plot and wanted to demolish the con...
Dalpat Raj Bhandari and anr. Vs. the President of India and ors.
Court: Rajasthan
Decided on: Jul-06-1993
Reported in: AIR1993Raj194; 1993(3)WLC14
ORDER1. This Civil Special Appeal has been directed against the order dated 22-1 -91 passed by the learned single Judge of this Court in S. B. Civil Writ Petition No. 3923/ 90, whereby appellants' writ petition wasdismissed summarily on the ground that it involved political matters and as such the Court was not inclined to go into those controversies. 2. Briefly the relevant facts for disposal of this appeal are that the appellants filed a writ petition under Article 226 of the Constitution of India and prayed that by an appropriate writ, direction or order, the removal of Shri Devilal, the then Dy. Prime Minister (respondent No. 4) by the President of India as reported in Rajasthan Patrika, Jodhpur Edition dated 2nd August, 1990 (Ext. 1) be quashed and status quo ante be restored by impleading respondent No. 4 as Dy. Prime Minister in the Union Cabinet or Council of Ministers. The appellants contended that they were trying to bring national truth on Nation's platform by judicial appro...
Mani Kant Arya Vs. Rajasthan Khadi and Village Industries Board and an ...
Court: Rajasthan
Decided on: Jul-06-1993
Reported in: (1994)ILLJ685Raj; 1993(2)WLC341
G.S. Singhvi, J.1. This petition involves a challenge to the order dated March 18, 1987 (Exhibit-10) passed by the Secretary, Rajasthan Khadi and Village Industries Board, Jaipur (for short 'the respondent Board') as also to the decision of the working committee of the respondent Board taken in its meeting held on February 28, 1987.2. Petitioner Mani Kant Arya, who was employed as District Industries Inspector, and who was at the relevant time posted at District Industries Centre, Banswara, was suspended by the respondent Board vide order dated October 22, 1982 in contemplation of a departmental inquiry. His suspension was followed by a memo dated December 7, 1982 issued under the signatures of the Secretary of the respondent Board. Petitioner was charged with the allegation of misappropriation of funds of the Board which were recovered from the workers. Petitioner replied the charges vide Exhibit-3 dated January 15, 1983. Shri Kamal Kishore Goswami was appointed as Inquiry Officer by ...
N.K. Dutta Vs. State of Raj. and anr.
Court: Rajasthan
Decided on: Jul-06-1993
Reported in: 1993WLN(UC)418
Rajendra Saxena, J.1. Petitioner by means of this writ petition has prayed that by an appropriate writ, order or direction, it be declared that he stands substantially appointed on the post of Drilling Supervisor on and from 31.5.67 and is entitled to be assigned seniority in the cadre of Supervisors. He has sought a direction that he be appointed as Assistant Engineer on and from the date persons, junior to him, have been so appointed and allowed to get all consequential reliefs. In the alternative, he has prayed that the respondents be directed to get his case screened for appointment by way of first recruitment in terms of proviso (c) of Sub-rule (1)(b) of Rule 6 of the Rajasthan Ground Water Subordinate Service Rules, 1973 (hereinafter referred-to as the Rules, 1973) and to assign him seniority by taking him to have been appointed by way of first recruitment as per Rules, 1973 in the cadre of Supervisors and to assign him seniority above all those who were appointed after 31.5.67 i...
Smt. Leela Devi Vs. Suresh Kumar
Court: Rajasthan
Decided on: Jul-05-1993
Reported in: AIR1994Raj128
Milap Chandra Jain, J.1. These two appeals have been filed under Section 28, Hindu Marriage Act, 1955 (hereinafter to be called 'the Act') against the judgment dated September 25, 1989 of the learned District Judge, Merta, allowing the petition of the husband-petitioner Suresh Kumar moved under Section 13 of the Act, granting decree of divorce against wife Leela Devi and also maintenance under Section 25 of the Act at the rate of Rs. 500/- per month to her. The Appeal No. 257/89 has been filed by Leela Devi for setting aside the decree of divorce granted against her. The Appeal No. 291/89 has been filed by Suresh Kumar for setting aside the order granting maintenance at the rate of Rs. 500/- per month. The facts of the case giving rise to these appeals may be summarised thus.2. On March 2, 1983, the husband-petitioner Suresh Kumar moved a petition under Section 13 of the Act with the allegations, in short, as follows. The marriage in between the parties took place on June 19, 1975 at N...
State of Rajasthan Vs. Mohd. Sahid
Court: Rajasthan
Decided on: Jul-05-1993
Reported in: 1994CriLJ391
Milap Chandra Jain, J.1. This appeal has been filed against the judgment of the learned Sessions Judge, Jodhpur dated November 4, 1976 by which he has acquitted the accused-respondent of the offences punishable Under Sections 302, 201 and 176, I.P.C. Leave to appeal was granted by this Court on March 28, 1977. The prosecution case may be summarised thus.2. Mohd. Sahid (accused-respondent) was married to Mst. Rashida (deceased) in the year 1974. After 3-4 months of the marriage, quarrels started in between Mst. Rashida and her mother-in-law Mst. Kulsum and sister-in-law Mst. Shahnaj as the former protested the visit of Gaffar Chad was to their house and she (Mst. Rashida) suspected his illicit relations with Mst. Kulsum and Mst. Shahanaj. The couple started living separately in a house situated in Shekhpada Mohalla (Khanda Falsa), Jodhpur. Mst. Kulsum used to come there and to poison the ears of her son Mohd. Sahid against Mst. Rashida and Mohd. Sahid started repremanding and beating Ms...
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