Rajasthan Court May 1994 Judgments
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Ravi Prakash Vs. Municipal Board and ors.
Court: Rajasthan
Decided on: May-12-1994
Reported in: (1998)IIILLJ694Raj; 1994(2)WLC337
N.K. Jain, J.1. By this writ petition, the petitioner seeks a direction to be issued to the respondents not to terminate the services of the petitioner and in case any termination order is passed that may be quashed. It has been prayed that the services of the petitioners may be regularised with effect from the date of their initial appointment and the order dated December 28, 1992 (Anx. 5) passed by the Deputy Secretary to the Government, Local Self Department, Rajasthan Jaipur may be quashed and set aside.2. Briefly stated the facts of the cast as alleged by the petitioners are that due to increase in population of Nagour, the petitioners were appointed as 'Safai Karamchari' by the Chairman, Municipal Board, Nagour vide orders dated September 26, 1992 and October 9, 1992 (Anx. 2 & 3 respectively). It is alleged that after three months of service suddenly the Deputy Secretary to the Government, Local Self Department, Rajasthan, Jaipur vide letter Anx. 5 dated December 28, 1992 directe...
Sawai Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-12-1994
Reported in: 1994(1)WLN614
Rajendra Saxena, J.1. This appeal has been preferred against the judgment dated 28.9.85 passed by the learned Sessions Judge, Jodhpur, whereby he convicted appellant Sawai Singh for the offence Under Section 302 IPC and sentenced him imprisonment for life and imposed a fine of Rs. 1000/- and in default to further undergo one year's R.I. and appellant Pratap Singh Under Section 302/34 IPC and sentenced him to life imprisonment and a fine of Rs. 500/- and in default to further undergo R.I. for six months.2. Briefly the prosecution case is that on 16.6.83 at about 5.45 PM, PW 1 Suja Ram Darji was working on his shop. He heard cries to the effect, ^^vkneh ekjs js vkneh ekjs js^^ coming from the side of Ganesh temple. Thereupon, he came running and found that deceased Deepa Ram Darji, who was working on his shop, situated in the Sadar bazar of Pokran, was being dragged away by appellant Sawai Singh. Appellant Sawai Singh was accompanied with two more persons, which were later on identified ...
Smt. Vimla Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-12-1994
Reported in: 1994(2)WLN303
V.K. Singhal, J.1. The following question has been referred by the learned Single Judge inview of the contrary decisions of this courtWhether first proviso to Sub-section (3) of Section 125, Cr.P.C. is not mandatory in nature and this court is empowered to issue warrant for recovery of un-paid amount of arrears of maintenance even though it is beyond one year from the date on which it became due?In the case of Purshottam Das Vanjani v. Asha Rani, 1983 Cr.L.R.(Raj) 434 it was held thatthe maintenance amount is always granted when the relations between wife and husband become strained and when they live separately, or when the divorce is effected. The lady who always remains at the mercy of the husband and who is turned out, she has no source of income to maintain her, and even to approach the court regularly. The husband who is always at the better position and who can exert influence, wants to harass the lady, it does not matter whether the non-petitioner requests the court in time or ...
Chhotelal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-12-1994
Reported in: 1994(2)WLN250
Arjun Madan, J.1. This special appeal has been preferred In this court against the order, dated 15th March, 1994, passed by learned Single Judge of this Court, whereby the learned Single Judge, after examining the legal position and the principles governing the validity of acquisition proceedings, has dismissed the writ petition filed by the appellant under Article 226 of the Constitution of India. Feeling aggrieved by the impugned order of the learned Singh Judge, the present appeal has been preferred.2. The above noted special appeal was admitted on 21st March, 1993 and the arguments advanced by the learned Counsel for the parties were heard and concluded on 4th April, 1994 with a direction that stay order, dated 21st March. 1994 passed by this court will continue till the pronouncement of judgment In this appeal. On 4th April, 1994 learned Counsel for the appellant gave an undertaking on behalf of the appellant not to make any construction over the disputed land during subsistence o...
Rajasthan State Road Transport Corporation Vs. Smt. Santosh and ors.
Court: Rajasthan
Decided on: May-11-1994
Reported in: I(1996)ACC73; 1995ACJ721; AIR1995Raj2; 1994(2)WLC726
R.R. Yadav, J.1. The instant Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the Award dated 30-9-1993 passed by the learned Judge, Motor Accident Claims Tribunal, Churu in M. A.C.T. Case No. 54/93, whereby the learned tribunal has awarded compensation to the respondent-claimants of Rupees 6,26,000/-.2. The aforesaid appeal was presented on 27-1-94 within limitation and now after presentation, the office of the Registry vide its order dated 10-2-94 posted the afore-mentioned appeal for admission and for disposal of the stay application in utter ignorance of the provisions of Section 173 of the Motor Vehicles Act, 1988. The aforesaid Section 173 of the Motor Vehicles Act, 1988 is reproduced below in extenso :--Section -- 173. Appeals : (1) Subject to the provisions of Sub-section (2) any person aggrieved by an Award of a Claims Tribunal may, within Ninety days from the date of the Award, prefer an appeal to the High Court; Provided that no appeal by...
Ram Pal Vs. Smt. Nisha
Court: Rajasthan
Decided on: May-11-1994
Reported in: AIR1994Raj204; 1994(3)WLC12
J.R. Chopra, J. 1. The case comes up for orders on an application filed by the wife-respondent under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') for grant of maintenance pendente lite and expenses of the proceedings already incurred by her and to be incurred by her in future from the husband-appellant.2. It may be stated here that during the pendency of this matter before the learned District Judge, Bikaner, the wife-respondent did not claim the maintence pendente lite and the expenses of the proceedings, under Section 24 of the Act. However, the learned District Judge passed the decree of divorce in favour of the husband-appellant but that decree of divorce was set aside by a learned single Judge of this Court in S.B. Civil Misc. Appeal No. 243 of 1989 (Smt. Nisha v. Rampal, decided on Nov. 29, 1990). Hence, the husband-appellant has filed this D.B. Civil Special Appeal No. 2 of 1991, in which, the wife-respondent has filed this application under Section 24 of the...
Rajasthan State Road Trans. Corporation Vs. Hakam Ali Khan and ors.
Court: Rajasthan
Decided on: May-11-1994
Reported in: 1996ACJ1018; 1994(2)WLC749
R.R. Yadav, J.1. The instant miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed against the award dated 30.9.1993 passed by the learned Judge, Motor Accidents Claims Tribunal, Churu, in M.A.C.T. Case No. 52 of 1993, whereby the learned Tribunal has awarded compensation to the respondents-claimants of Rs. 1,75,000/-.2. The aforesaid appeal was presented on 27.1.1994 within limitation and now after presentation, the office of the Registry vide its order dated 10.2.1994 posted the aforementioned appeal for admission and for disposal of the stay application in utter ignorance of the provisions of Section 173 of the Motor Vehicles Act, 1988. The aforesaid Section 173 of the Motor Vehicles Act, 1988, is reproduced below in extenso:Section 173. Appeals.-(1) Subject to the provisions of Sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court:Provided that no...
Jaipur Development Authority Vs. Shyam Lal Verma
Court: Rajasthan
Decided on: May-11-1994
Reported in: 1994(2)WLN267
N.C. Kochhar, J.1. This appeal Under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 30.5.1992 passed by the learned Additional District Judge No. 2, Jaipur City, Jaipur decreeing the suit of the plaintiff-respondent. The case of the plaintiff-respondent in the suit filed on 12.5.1986 was as Under:2. On 25.9.1980, the Urban Improvement Trust (UIT), the predecessor-in-interest of the defendant-appellant Jaipur Development Authority (JDA), had offered to sell by auction shop plot No. C-30, Lal Kothi Shopping Centre Scheme, Jaipur. According to the terms of the auction, the highest bidder was to pay 25% of the bid amount at the spot and the remaining amount was to be paid within 30 days of the receipt of the letter confirming the acceptance of the bid by the appropriate authority. The plaintiff-respondent was the highest bidder at the rate of Rs. 975/- per-square meter and he deposited Rs. 13,173/- as l/4th amount of the bid against receipt. No ...
Herdillia Unimers Ltd. Vs. Arun Bansal
Court: Rajasthan
Decided on: May-10-1994
Reported in: [1999]96CompCas521(Raj)
Y.R. Meena, J.1. By this petition it is prayed that Criminal Complaint No. 59 of 1993 as also the proceedings taken thereon by the trial court Special Court of Judicial Magistrate (Economic Offences), Rajasthan, Jaipur, be quashed and set aside.2. The petitioner-company, Herdillia Unimers Ltd., for the purpose of increasing its capital came out with a public issue of shares and debentures in the year 1992. The said public issue was to commence on June 1, 1992, and scheduled to close on June 11, 1992. The public issue having been oversubscribed it was duly closed on June 4, 1992, being the earliest scheduled date of closing. Under the terms and conditions of the aforesaid allotment, any person could apply for shares and/or debentures. Every applicant was required to pay a sum of Rs, 10 per equity share and a sum of Rs. 200 per debenture, as the case may be.3. On the closure of the aforesaid public issue a return was filed by the petitioner before the Securities and Exchange Board of Ind...
Shyam Lal Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-10-1994
Reported in: 1994(2)WLC393; 1994(2)WLN566
G.C. Mital, C.J.1. The point to be decided in this appeal is whether the word 'science' includes 'agriculture science' or not.2. Sheep and Wool Training institute Jaipur which is a government Institute imparts training of Stock Assistant (Skandh Sahayak). The admission to the said institute is controlled by syllabus/ course of study recognised and approved by the Govt. of Rajasthan (Finance Department) since 1982. It prescribes a minimum requisite and essential qualification for admission to the course.3. The necessary condition according to the syllabus runs as follows:ekU;rk izkIr cksMZ@fo'o fo|ky; ls tho foKku esa ftlesa d`f'k foKku Hkh lfEefyr gks] ds lkFk gk;j lSd.MjhA4. The appellant passed his Secondary School Examination in 1984 from the Board of Secondary Education Rajasthan with Physics, Chemistry and Agriculture Science along with the other subjects. In the Year 1986 he passed his Higher Secondary Examination from the same Board in Agriculture, Horticulture, Animal Husbandry...
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