Rajasthan Court November 1994 Judgments
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State of Rajasthan and anr. Vs. Bhooli and ors.
Court: Rajasthan
Decided on: Nov-29-1994
Reported in: II(1995)ACC58
Arun Madan, J.1. These two cross appeals filed under Section 110-D of the Motor Vehicles Act, 1939 arise out of an Award dated 21.4.1988 passed by Motor Accident Claims Tribunal, Tonk in Motor Accident Claim Petition No. 8/1982; whereby an Award amounting to Rs. 60,000/- has been passed against the appellants and Performa respondent No. 5 in S.B. Civil Miscellaneous Appeal No. 147/88. Appeal No. 147/88 has been filed by State of Rajasthan and Deputy Director Agriculture (Extension) Tonk, against the claimants and the driver for setting aside the Award dated 21.4.1988 and Appeal No. 105/88 has been preferred by driver Bashir Khan against the claimants and the appellants in Appeal No. 147/ 88, for setting aside the above Award. Both these appeals are disposed of by this single judgment, since they arise out of the same Award as indicated above.2. Brief facts giving rise to these appeals are that a motor accident took place on 3.1.1982 at about 6.15 p.m. involving Jeep No. RJX1894 which w...
Banswara Syntex Ltd. and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-28-1994
Reported in: 1995CriLJ2969; 1995(2)WLC441; 1994(2)WLN701
ORDERRajendra Saxena, J.1. This petition has been filed under Section 482 Cr. P. C. whereby the petitioners have prayed that FIR Nos. 22, 43, and 49 of the year 1993 registered at Police Station, Banswara against them be quashed and respondents be directed not to proceed further on the basis of those FIRs.2. Petitioner, Banswara Syntex Limited, is a Company and has its factory at Banswara for the manufacture of Synthetic blended yarn. Petitioners No. 2 to 6 are its Executive Director, Chairman and Managing Director, Vice President, Factory Manager and Cost and Production Controller respectively.3. Now briefly the facts. By notification dt. 29-3-90 (Annex. 1) read with notification dt. 11-5-90 (Annex. 2) and notification dated 17-5-90 (Annex. 3), the Textile Commissioner, Bombay issued directions that every producer of yarn shall pack yarn for 'civil consumption in hank yarn form in each quarterly period commencing from April/June, 1990 and every subsequent quarterly period in proportio...
Murudhar Kshetriya GramIn Bank Vs. Bhagwan Ram and anr.
Court: Rajasthan
Decided on: Nov-25-1994
Reported in: [1995(71)FLR393]; (1995)IILLJ1076Raj
ORDERGokal Chand Mital, C.J.1. The Authority under the Payment of Wages Act decided the matter in favour of the workman on April 10, 1990 and awarded Rs. 3388/- as compensation to the workman. The employer applied for certified copy of the order on that very day; vide registered No. 130 of 1990. It is averred that no date for delivery was given and copy was made available to the employer on May 10, 1990 and without loss of time, an appeal was filed on May 11, 1990. on May 19, 1990 the amount of Rupees 3388/- was deposited and the certificate of payment was produced on the record of the appeal on that very day. According to the learned counsel for the employer, the last date of filing of the appeal and deposit was June 11, 1990 and therefore, even if appeal is deemed to have been filed on May 19, 1990, when the certificate of deposit was produced on record, it was within time. However, the appellate court dismissed the appeal as not maintainable on the ground that Section 17(1-A) of the...
Lrs. of Mst. Jangir Kaur Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-25-1994
Reported in: 1994(2)WLN697
N.K. Jain, J.1. By this writ petition, the petitioner seeks to quash the order of the Dy. Commissioner Colonisation dated 27.8.1980 (Ex.1) and the order of the Revenue Appellate Authority dated 25.1.1982 (Ex.3) and the order passed by the learned Member of the Board of Revenue dated 13.9.1993 (Ex.4). It has also been prayed that the non-petitioners may kindly be restrained from interferring in the cultivatory possession of the petitioner in the disputed land.2. Briefly stated the facts of the case are that the petitioner was allotted 24 Bighas and 10 Biswas of land in Chak No. 3 B W.M. Square No. 294/335 on temporary cultivation in Samwant Year 2027 which was renewed year to year till Samwant Year 2030. On 25.9.1973 the petitioner applied for permanent allotment of the land in dispute before the Allotting Authority, Sri Vijaynagar, which was granted vide order dated 21.12.1973. Against the allotment of the land in favour of the the petitioner, a complaint was lodged by one Uttam Singh ...
Ramchander Jangid and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-24-1994
Reported in: AIR1995Raj172
ORDERP.K. Palli, J.1. Vide the notification dated 29-10-1994 the Government of Rajasthan has called upon the electorate to elect the members of the Municipalities and the election is scheduled to be held on 27-11-1994.2. All the petitioners are candidates for the Municipal Corporation, Jodhpur and a public notice of the indended election came to be issued on 10-11-1994. The last date for filing nominations was fixed as 14-11-1994 and for the purpose of withdrawal of the nomination papers the date was specified as 17-11-1994.3. On 18-11-1994 the symbols were allotted by the Returning Officer to the candidates including the petitioners as per their choice indicated. By a communication the candidates including the petitioners were informed in respect of the symbols allotted to them.4. It is said that the petitioners immediately thereafter rushed for getting the election material printed and the election compaign was undertaken by them and insertions in the newspapers in this respect were ...
Damodar Dusad Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-24-1994
Reported in: AIR1995Raj136; [1997]89CompCas213(Raj); 1995(3)WLC737
ORDERArun Madan, J. 1. The facts giving rise to the filing of this writ petition, briefly stated, are that the petitioner had opened a Bank-account with the Rajasthan State Industrial Cooperative Bank Ltd., Jaipur (respondent No. 2 herein) and the petitioner was given over-draft facilities by the Bank up to Rs. 40,000/-. It has been contended in the writ petition that some employees of the Bank had committed forgery and the petitioner's account was also fabricated though the said allegations have been denied by the petitioner. A report was also lodged with the police by the bank and on that basis a criminal case vide FIR No. 273/83 was instituted with P.S. Ashok Nagar, Jaipur in respect of offences under Sections 420/467/468/120B and 471, IPC. Since some of the Bank employees were also involved in the embezzlement, proceedings under Section 74 of theRajasthan Co-operative Societies Act, 1965 (hereinafter to be referred as 'the Act') were also initiated against the Bank employees as wel...
Dhula Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-23-1994
Reported in: 1995CriLJ4057
B.R. Arora, J.1. This appeal is directed against the judgment dated 16-4-1993, passed by the Additional District and Sessions Judge, Bali, by which the learned Additional Sessions Judge convicted and sentenced accused-appellant Dhula Ram for the offence under Section 304B, I.P.C.2. The case, of the prosecution is that on 21-6-1991, at about 1.30 p.m., accused Dhula Ram first inflicted an injury by a Khurpa on the head of his wife Smt. Kamla, thereafter sprinkled kerosene oil on her body and put her to fire. Some neighbours came to her rescue and Smt. Kamla was taken to the hospital, who was attended by PW 23 Dr. Renu Ranka - the Medical Jurist, Government Hospital, Sadri. P.W. 16 Mahendra Singh, H.C., also, came there, who recorded the statement (Ex. P. 11) of Smt. Kamla. On the basis of this statement, an F.I.R. (Ex. P.13) was registered at Police Station, Sadri, at about 3.15 p.m. As Smt. Kamla had extensive burns of 94% all over her body, she was, therefore, referred for medical tre...
Mohan Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-23-1994
Reported in: 1995CriLJ2403; 1995(1)WLC180
ORDERB.R. Arora, J.1. These two miscellaneous petitions arise out of the order dated 2-11-92, passed by the Special Judge, Essential Commodities Cases (Additional Sessions Judge), Jodhpur, by which the learned Additional Sessions Judge dismissed the two revision petitions (Criminal Revision Petition No. 153/ 92 Mohan Lal v. The State and Criminal Revision Petition No. 154 of 1992 (Mohan Lal v. The State) filed by the petitioner. As the controversy involved in both the miscellaneous petitions is the same, therefore, both these miscellaneous petitions are disposed of by this common Order.2. Petitioner Mohan Lal was working with 'the Jodhpur Central Cooperative Bank' (in brief, 'the Bank') as the Branch Manager. While he was posted at the Osian Branch of the bank during the period of June 1980 to May 31, 1982, an FIR was registered against the petitioner for committing criminal breach of trust and cheating the bank by altering the valuable securities under Sections 409 and 420 IPC. While ...
Ram Sukh Vs. R.S.R.T.C. and anr.
Court: Rajasthan
Decided on: Nov-21-1994
Reported in: (1996)ILLJ466Raj
ORDER1. The Petitioner was employed as a conductor in the Rajasthan State Road Transport Corporation (for short 'the Corporation' hereinafter). 2. On June 17, 1982 he was removed from service on the basis of the conviction for an offence under Section 326 of the Indian Penal Code for which he was sentenced to three years imprisonment and a fine of Rs. 1000/-. The conviction was maintained by the High Court in an appeal. In the order removing the petitioner from service, it was observed that a convicted employee cannot be kept in employment under the Orders of the State Government and therefore, the petitioner's services were terminated. 3. The petitioner contends that the order is bad because it has been passed without complying with the provisions of the Standing Order which requires an enquiry to be held before terminating the services of an employee. It is also contended that since the petitioner had not been given any opportunity of hearing before the order was passed, the principl...
Devi Chand and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-21-1994
Reported in: 1995CriLJ2977; 1995(2)WLC64
ORDERRajendra Saxena, J.1. The aforementioned Criminal Revision Petitions/Misc. petition have been preferred against the order dated 20-8-1993 passed by the learned Addl. Chief Judicial Magistrate No. 2, Udaipur, whereby he framed charge against the petitioners for the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act. 1954 (in short the Act) and ordered for further proceedings in Cr. Case No. 493/1973 pending before him. Accordingly these petitions are being decided by a common order.2. The skeletal facts of this case, which is pending before the learned trial Magistrate since 24-9-1973, can be briefly recapitulated like this. It appears that on 3-7-1973, Qayyum Ali, Food Inspector, Udaipur purchased 1.5 kg. Prabhat vegetable Ghee from accused Laxmi Lal Pujari (now expired), the paid Salesman of the fair price shop of Ward No. 8, Udaipur, which was being run by the Udaipur Sahakari Upbhokta Bhandar (in short USUB). The said Food Inspector equally distrib...
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