Rajasthan Court February 1994 Judgments
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Ravinder Singh S/O Shyam Singh Shekhawat Vs. the Nayveli Lignite Corpo ...
Court: Rajasthan
Decided on: Feb-04-1994
Reported in: 1994(3)WLC64; 1994(2)WLN186
G.S. Singhvi, J.1. The rule, that no man can be judge in his own cause, has been invoked by the petitioner who has sought relief of quashing of notice Ex. 16 dated 29/30th July, 1991, issued by the respondent No. 4 Bikram Deewan, who was holding the office of Public Relations Officer at Nayveli Lignite Corporation Limited, Jaipur. In order to decide the issues raised in the writ petition, it is proper to make a brief reference to the facts.2. The petitioner was engaged as Chowkidar by the General Manager, Nayveli lignite Corporation Limited, Jaipur on daily wages of Rs. 25/- per day. The petitioner was posted at the Guest house of the Corporation and as per his claim, he was required to discharge the duties as Class IV servant. No written order of appointment had been issued in his favour. On 3.5.1991, the petitioner had made a complaint against the respondent No. 4. This complaint was addressed to the General Manager of the Corporation at Jaipur. In the complaint, the petitioner alleg...
Gokul Prasad Vs. State and anr.
Court: Rajasthan
Decided on: Feb-03-1994
Reported in: AIR1994Raj158
ORDERA.K. Mathur, J. 1. Petitioner by this writ petition has prayed that by an appropriate writ, order or direction the Annexures 2 to 5 may be quashed directing the respondents not to realise the huge sum of money mentioned in the aforesaid orders.2. Petitioner was granted a mining lease by the Mining Engineer, Sirohi through a registered lease deed for a period of five years from 17-6-1976 for extraction of lime stones suitable for lime burning and masonary stones. The said lease remained in force till 26th July, 1982. The rale of royalty fixed for lime stones suitable for lime burning was Rs. 3/- and for masonary stones 0.50 paise per ton. Petitioner usually submitted the returns of the lime stones extracted and till 16th June, 1979 the royalty was charged as per the abovementioned rates, but from 24-8-79 to 22-9-79 Rs. 1.50 paisa was charged for masonary stones and from 23-9-79 the same was charged as per Re. 1/- per ton till 16-6-51 and petitioner's assessment was made on the same...
Manohar Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-03-1994
Reported in: 1994CriLJ1877; 1994(2)WLC113
ORDER1. We have heard Mr. Manish Shishodia and Mr. S.S. Bhandawat Addl. Advocate General and also gone through the extract of the report of the Advisory Board which has been filed as Ex. R/2 by the State. The Advisory Board has recommended the premature release of the petitioner. There is no dispute that the present petitioner has already served his sentence of nearly 18 years 4 months and 8 days uptil 31-10-92 including the remission as being taking into consideration. The report of the District Magistrate and the Superintendent of Police and the petitioner's conduct as a whole the Advisory Board has recommended as under:--^^Jheku ftyk ,oa l= U;k;/kh'k ckalokMk ds fu.kZ;esa of.kZr vijk/k dh ifjfLFkr;ksa dksa /;ku esa j[krs gq, ,oa canhdk dkjkxzg esa vkpj.k dk;Z vftZr ifjgkj] dkjkx`g esa Hkqxrh gqbZ ltk Jhekuftyk/kh'k ,oa ftyk naMuk;d ,oa iqfyl v/kh{kd ckalokMk }kjk vafdr fVIi.kh dkscanh dks le; iwoZ fjgk djus esa e`rd ds ifjtuksa rFkk lkekftd 'kkafr dksdksbZ [krjk ugha gksxk vkfn rF;k...
R.S. Industries Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Feb-02-1994
Reported in: 1995(79)ELT396(Raj)
ORDERJ.R. Chopra, J.1. The case comes up on a Miscellaneous Petition. On the joint request, the writ petition as also the stay application were heard jointly. In this case the grievance of the petitioner is that initially CEGAT i.e., Customs, Excise & Gold (Control) Appellate Tribunal vide its order dated 28-11-1991 asked the petitioner to deposit the entire amount of duty within 3 months. On compliance the requirement of the pre-deposit of the penalty amount shall be deemed to have been waived. The recovery proceedings which were started were ordered to be stayed. The petitioner filed the writ petition against this order of CEGAT and that came to be disposed of by the learned Single Judge of this Court vide his order dated 13-2-1992. While disposing of the writ petition, the Court ordered as under :-'Consequently, the writ petition is disposed of with the direction that 50% amount which was directed to be deposited by the petitioner, if has been deposited or paid in any other satisfac...
Dhula and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-02-1994
Reported in: 1994(2)WLC148; 1994(1)WLN287
N.K. Jain, J.1. By this writ petition the petitioners seek to quash the order Annex. 7 and notice Annex. 8 dt. 30.7.81 issued by Land Acquisition Officer cum Sub Divisional Officer, Dungarpur as also the demand notice dt. 4.9.82 (Annex.9) issued by the Patwari.2. The facts which are necessary to be noticed for the disposal of this writ petition in brief as alleged by the petitioners are that the petitioners, who are the residents of village Indora, Tehsil Aaspur Dist. Dungarpur were owing Khatedari rights in Khasara No. 49, 317, 318, 335, 336 and 337 at village Indora which consisted of 10 Bighas 11 Biswas of irrigated land and a well. It is alleged that for the purpose of acquisition of certain lands for Soma-Kamala-Amba Dam, proceedings were initiated under the Rajasthan Land Acquisition Act and the respondents after holding negotiations with the persons owing the Khatedari rights including the petitioners made an order on 26.9.80 that 32 villagers of Indora have agreed to accept the...
Ganesh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-02-1994
Reported in: 1994(1)WLN548
N.L. Tibrewal, J.1. All these bail applications under Section 439 Cr.P.C, may be conveniently disposed of by a common order, as they arise from Criminal Case FIR No. 107/93, Police Station, Mundana, District Kota.2. The facts of the case are shocking. A strong mob of 400- 500 persons of Gujar community, armed with deadly weapons, made a concentrated attack on unarmed shepherd 'Rebaris', who were camping in the jungle of Dolia--Chandbari to graze their cattle. The incident took place in the day light between 12.00 - 1.00 p.m. on 14.8.1993, in which 9 persons were killed and six persons were seriously injured. It was more shocking as the assailants had assembled with weapons after making a public declaration in the knowledge of police, but the poor shepherds could not be protected, though the police had sufficient time to provide full protection to them and avert the fateful incident. The disturbing part of the entire episode is that Shri Jai Shanker Pandey, in charge, Police Chowki, Bor...
Lakhasingh Vs. State
Court: Rajasthan
Decided on: Feb-01-1994
Reported in: 1994CriLJ2952; 1994(1)WLN348
Jasraj Chopra, J.1. These two jail appeals are directed against the Judgment of the learned Additional Sessions Judge, Bhilwara dated 26-8-1985, whereby the learned Addl. Sessions Judge has held the accused appellant Ghewaria guilty of the offences Under Section 302, I.P.C. and Under Section 5 of the Indian Explosive Substances Act, 1908 and accused appellant Lakha Singh guilty of the offences Under Section 302/34 IPC and Under Sections 3/25 and 27 of the Indian Arms Act. The accused-appellant Ghewaria has been sentenced to imprisonment for life together with a fine of Rs. 100/- and in default of payment of fine', to further undergo rigorous imprisonment for three months for the offence Under Section 302, IPC and three years rigorous imprisonment together with fine of Rs. 100/-and in default of payment of fine, to further undergo rigorous imprisoment for three months for the offence under Section 5 of the Explosive Substances Act and the accused appellant Lakha sing has been sentenced ...
Mani Ram and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-01-1994
Reported in: 1994CriLJ3770; 1994(1)WLN161
J.R. Chopra, J.1. These two jail appeals, one filed by Maniram Thore s/o Kesraram- and another by one Ram Swaroop, s/o Jeewan Ram, are directed against the judgment of the learned Additional Sessions Judge No. 1, Hanumanagarh, Camp Sangariya, dated 30-11-1990.2. The learned Judge has held the accused appellants guilty of the offences under 302/34 IPC, 307/ 34 IPC, 353/34 IPC and under Sections 25(i)(a) and 27 of the Arms Act and in addition accused Maniram has been held guilty of the offence under Section 411 IPC. For the offence under Section 302/34 IPC both have been sentenced to life imprisonment, along with a fine of Rs. 100/- each. For the offence under Section 307/34 IPC, they have been sentenced to 7 years rigorous imprisonment together with a fine of Rs. 100/-each. For the offence under Section 353/34 IPC both of them have been sentenced to one year's rigorous imprisonment and for the offence under Section 25(1 )(a) and Section 27 of the Arms Act, both have been sentenced to on...
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