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Rajasthan Court January 1995 Judgments

Jan 31 1995

Management of Kota Central Co-operative Bank Ltd. Vs. Judge, Industria ...

Court: Rajasthan

Decided on: Jan-31-1995

Reported in: (1996)ILLJ361Raj; 1995(2)WLC668

1. The petitioner has challenged the award of the Industrial Tribunal Kota dated April 2, 1992 on the ground that the directions for giving the bonus for 20% was not in accordance with the provisions of law. The petitioner has already made the payment of 8.33% bonus in the past and therefore the directions were given to make the payment of 11.67% bonus alongwith interest at the rate of 9% p.a. for 1983-84. 2. The petitioner, Kota Central Co-operative Bank Ltd. Kota earned net profit of Rs. 5,29,685.11 in accordance of balance- sheet on 1983-84 for the year ending of June 30, 1984. It was found that after adding certain sums in accordance with the Bonus Act, 1965, the figure of gross profit comes to Rs. 27,93,835.11 and after reducing the balance, the figure comes to Rs.7,97,999.42 and the bonus of Rs. 5,43,589.33 should have been distributed. Still a sum of Rs. 1,59,017.30 remains with the Bank. In the present writ petition the dispute is for adding the figure of interest which accordi...

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Jan 31 1995

Balwant Ram and ors. Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-31-1995

Reported in: 1995CriLJ3856

V.G. Palshikar, J.1. This appeal is directed against the judgment and order of conviction passed by the Addl. Distt. and Sessions Judge, Raisinghnagar on 21st July, 1986 convicting the accused appellants Balwant Ram, Deewan, Kashmir and Dhanna Ram under Section 302 read with Section 34 and Section 323 read with Section 34 of the IPC, and sentencing them of offence under Section 302 read with Section 34 of the IPC. The accused were sentenced to imprisonment for life for the offence under Section 302 read with Section 34 of the IPC and a fine of Rs. 1000/- each in default one year R.I. For the offence under Section 323 read with Section 32, IPC each accused was convicted for R.I. for a period of 1 year and both the sentences were ordered to run concurrently. It is this order of conviction which is challenged in the present appeal.2. The prosecution story briefly stated is that in the night of 3rd March, 1985 at about 9-30 p.m., the accused persons assaulted the deceased Dalipa Ram, his s...

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Jan 31 1995

Management of Kota Central Co.-op. Bank Ltd. Vs. Judge, Industrial Tri ...

Court: Rajasthan

Decided on: Jan-31-1995

Reported in: 1995(2)WLN145

V.K. Singhal, J.1. The petitioner has challenged the award of the Industrial Tribunal Kota dated 2.4.92 on the ground that the directions for giving the bonus for 20% was not in accordance with the provisions of law. The petitioner has already made the payment of 8.33% bonus In the past and therefore the directions were given to make the payment of 11.67% bonus alongwith interest at the rate of 9% p.a. for 1983-84.2. The petitioner, Kota Central Co-operative Bank Ltd. Kota earned net profit of Rs. 5,29,685.11 in accordance of balance-sheet of 1983-84 for the year ending of June 30, 1984. It was found that after adding certain sums in accordance with the Bonus Act. 1965, the figure of gross profit comes to Rs. 27,93,835.11 and after reducing the balance, the figure comes to Rs. 7,97,999.42 and the bonus of Rs. 5,34,589.33 should have been distributed. Still a sum of Rs. 1,59,017.30 remains with the Bank. In the present writ petition the dispute is for adding the figure of interest which...

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Jan 31 1995

Umesh Sharma Vs. the State of Rajasthan and ors.

Court: Rajasthan

Decided on: Jan-31-1995

Reported in: 1995(1)WLN563

M.P. Singh, J.1. The petitioner is seeking admission in Engineering Degree Course on the basis of Pre-Engineering Test, 1994 through this writ petition.The Coordinator Pre-Engineering Test, 199 Mohan Lal Sukhadia University, Udalpur, (respondent No. 2) issued a notification which was published in the Rajasthan Patrika dated 6th August, 1994, for admission in Engineering Degree Course. It was a combined test for as many as 35 Institutes in Rajasthan. The name of Birla Institute of Technology & Science, Pilani, Rajasthan, (respondent No. 4) was also included in the said list.2. The petitioner appeared in the Test. He secured 672 marks out of 900. The merit list was notified. In general category, merit position No. 1 to 762 and in the reserve list merit position Nos. 763 to 912 were notified. The petitioner's merit position was 1006. The candidates whose names appeared in the merit list upto 762 were called for interview on different dates and given admissions. There was no question of co...

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Jan 31 1995

iqbal Singh and ors. Vs. Rajasthan State Electricity Board

Court: Rajasthan

Decided on: Jan-31-1995

Reported in: 1995(1)WLN672

V.G. Palshikar, J.1. By these petitions, the petitioner in each case, has challenged the order passed by the Rajasthan State Electricity Board, Jaipur, dismissing the petitioner Iqbal Singh from service and reducing the rank of the other three petitioners for proved misconduct.2. An enquiry was conducted by the Board into the allegations of misconduct against Sarva Shri Iqbal Singh, Executive Engineer (O&M;), P.K. Gupta, Assistant Engineer, (REG), D.L. Chawla, Asstt. Engineer (O&M;), R.S. Sara, Asstt. Engineer (O&M;) and P.R. Karwasra Asstt Engineer (REC). Except Shri Karwasra, who was working at Suratgarh, all others were working at Hanumangarh at the relevant time. All of them were charged with the misconduct of Indiscipline in disobeying the order of superior Officers. The enquiry report submitted by the Enquiry Officer considered the misconduct of all, as the charge against each of them was identical. It was alleged that the Officers were not vigilant about their duties and disrega...

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Jan 30 1995

Bhanwar Singh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-30-1995

Reported in: AIR1996Raj106; 1996(3)WLC78

ORDERN.K. Jain, J. 1. By this writ petition, the petitioner seeks a direction to be issued to the respondents to admit the petitioner to the training course of Lab Technician at Jodhpur Centre. It has been prayed that the respondent may be directed to allow the petitioner to complete the said course and allow him to appear in the examination. 2. Briefly stated the facts of the case as alleged by the petitioner are that the petitioner who passed Secondary Examination in the year 1992 from the Board of Secondary Education Rajasthan, Ajmer has applied for Laboratory Technician Course in pursuance of the Advertisement No. 93/87 dated 20-1-1993 (Annx. 2) by which applications were invited for said course for ten training centres. Thereafter a merit list was prepared by the duty constituted Selection Committee wherein the candidates who have passed Secondary in Science subject having Chemisty, Biology and Physics (Medical Group) were selected on he basis of merit, as per the informationrecei...

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Jan 30 1995

Nirmal Kumar Jhanwar Vs. Food Corporation of India and ors.

Court: Rajasthan

Decided on: Jan-30-1995

Reported in: AIR1995Raj165

ORDERN.K. Jain, J.1. By this writ petition, the petitioner seeks to quash Anx. 8 whereby tenders have been invited. It has been prayed that the respondent No. 1 may be restrained from cancelling the contract given in favour of the petitioner for a period of two years for Deshnoke and Nokha godowns. The petitioner further prays that this Court may hold that the respondent No. 1 is not entitled to give contracts in question to any other party.2. Briefly stated the facts of the case as alleged by the petitioner who is engaged in the business of doing contract job as Handling and Transportation Agent. It is alleged that the petitioner gave his tender in pursuance of notice inviting tenders (Anx. 1) for items Nos. 2 and 13 A.R.D.C. & Camp Deshnok and A.R.D.C. Camp Nokha respectively, which was accepted vide Anx. 2. The contracts are to expire on 1-2-1996 and 29-6-1996 respectively, It is also alleged that to its surprise vide Anx. 8 a fresh notice inviting tender has been issued for four it...

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Jan 30 1995

Noor Mohammad Wali Bhai Tajwala Vs. Union of India (Uoi) and anr.

Court: Rajasthan

Decided on: Jan-30-1995

Reported in: 1995CriLJ1720; 1995(2)WLC570

R.R. Yadav, J.1. By this Habeas Corpus Writ Petition under Article 226 of the Constitution of India, the petitioner detenu Noor Mohammed Wali Bhai Tajwala calls in question his detention order dated 16-9-93 passed by the Joint Secretary to the Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA ACT').2. Facts relating to the detention of the petitioner as given in the grounds of detention accompanying the impugned detention order dated 16-9-93 (Annx. 1) are as under:-(i) In pursuance of prior information, the police and Customs Officers of Pali held a joint Naka-bandi on the intervening night of 26/27th September, 1992onPali-SumerpurRoadnearRiver'Bandi'. During this Naka-bandi, they intercepted one Maruti Van No. GJ. 1K -1744 and during the search of the said van on the spot, it was noticed that under the rear side of back seat of the Van 8 Jute bags (Neolies) were foun...

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Jan 30 1995

Dhedhia Traders Vs. State of Rajasthan

Court: Rajasthan

Decided on: Jan-30-1995

Reported in: 1995(3)WLC560; 1995(1)WLN372

N.L. Tirbrewal, J.1. In this revision petition, the petitioner firm has challenged the order of confiscation of 7 tins of mustard oil made by the Collector Jhunjhunu under Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') as confirmed in appeal under Section 6C of the Act by the Appellate-Committee of the State Government vide judgment dated, October 15,1991.2. In order to appreciate the controversy raised before me, necessary facts of the case may be given. On August 21,1991 the Enforcement Inspector Jhunjhunu visited the business premises of the petitioner and noted certain irregularities in relation to conditions of the licence issued in name of the petitioner-firm under the provisions, of Rajasthan Trade Articles (Licencing & Control) Order, 1980 (for Short the Order, 1980'). He seized 7 tins of mustard oil weighing 105 Kgs. on the ground that they were not entered in the stock-register. 20 bags of wheat were also seized, but the seizure of wh...

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Jan 30 1995

Smt. Amina Vs. State of Raj. and 4 ors.

Court: Rajasthan

Decided on: Jan-30-1995

Reported in: 1995(1)WLN429

Arun Madan, J.1. This is a writ petition filed under Article 226 of the Constitution of India in the matter of violation of Arts. 14,16 and 21 of the Constitution of India and in the matter of payment of family pension to the petitioner, a widow of a Late retired class IV employee, resident of Tehsil Jetaran, District Pali, Rajasthan, who has been subjected to most hostile treatment and denial of family pension opted by her on the death of her husband w.e.f. September, 1961.2. This case has a chequered histry if a poor helpless widow who has not been shown any mercy by the instrumentality of the State Government (Pension Department) which has deprived her of the sanctioned family pension for the past about 30 years, in gross violation of right to life and liberty guaranteed- under Article 21 of the Constitution of India which includes the right to livelihood which cannot be deprived by instrumentality of the State as has happened in this case.3. The facts giving rise to the filing of t...

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