Rajasthan Court May 1995 Judgments
Dilip S. Dahanukar and ors. Vs. Padam Kumar Khaitan
Court: Rajasthan
Decided on: May-26-1995
Reported in: 1996CriLJ1569; 1995(3)WLC531
ORDERGyan Sudha Misra, J.1. These two Criminal Misc. Petitions have been filed under Section 482, of the Code of Criminal Procedure by the petitoners, Dilip S. Dahanukar & Dr. M.J. Salve, Chairman & Managing Director, respectively, of Ecomax Agro Systems Ltd (since merged with Good Value Marketing Company Ltd.) for quashing the order dated 27-8-1994 passed by the special Court of Judicial Magisirate (Economic Offences) Rajasthan Jaipur, taking cognizance of offence under Section 68 of the Companies Act, 1956 (for short, 'the Act') in pursuance of which processes have been issued to the petitioners.2. The impugned order was passed on the basis of a complaint which was lodged by the complainant, Shri Padam Kumar Khaitan, a lawyer by profession, on August 3, 1993, for offences under Section 63, 64, 65, 68 of the Act and also under Sections 405, 409 & 416, IPC. The cognizance has. however, been taken only under Section 68 of the Companies Act.3. It has been stated in the complaint that the...
Tag this Judgment!M.P. Potdar Vs. Appellate Authority, Ncert and anr.
Court: Rajasthan
Decided on: May-26-1995
Reported in: 1995(2)WLN601
Arun Madan, J.1. Heard learned Counsel for the parties at length.2. The petitioner, who is serving as a Lecturer in Physics in the Regional College of Education, Ajmer, has filed the present writ petition in this Court contending inter alia that the respondent college is run and administered by the National Council of Education Research and Training, New Delhi (in short 'NCERT). This Council is a part and parcel of Education Department of the Ministry of Education, (now Ministry of human Resources and Development) Government of India, and hence, it is under the ultimate control of the Government of India.3. It has been contended in the writ petition that 'NCERT is an intrumentallty of the 'State' and comes within, the scope of the term 'other authorities' under Article 12 of the Constitution of India, and therefore, amenable to writ jurisdiction of this Court under Article 226 of the Constitution. It has further been contended by the petitioner that he was sent on deputation to Nigeria...
Tag this Judgment!Rameshwar Prasad Sharma Vs. Rajasthan State Text Book Board
Court: Rajasthan
Decided on: May-26-1995
Reported in: 1996WLC(Raj)UC489; 1995(2)WLN581
Arun Madan, J.1. The petitioner who la an employed of the Rajasthan State Text Book Board, Jaipur, has filed this writ petition in the matter of violation of his fundamental rights under Articles 14 and 16 of the Constitution of India read with Rajasthan State Text Book Board Employees Service, (Discipline and Conduct) Rules, 1979.2. The facts giving rise to the filing of this writ petition, briefly stated, are that the petitioner Joined the service of the respondent Board i.e., the Rajasthan State Text Book Board (hereinafter referred to as the 'Board'), on 8.1.1974 as Lower Division Clerk on temporary basis for a period of three months. He was subsequently confirmed as L.D.C. w.e.f. 22.12.78. The petitioner received ad-hoc promotion on the post of U.D.C. w.e.f. 22.5.1979. Subsequently the petitioner was confirmed on the post of U.D.C. prior to completion of one year's probationary period w.e.f. 1.4.1980. It has been further contended in the writ petition that the petitioner received ...
Tag this Judgment!Ram Sahai Sharma Vs. the State of Raj. and ors.
Court: Rajasthan
Decided on: May-26-1995
Reported in: 1995(3)WLC563; 1995(2)WLN604
Arun Madan, J.1. The writ petition pertains to the relief claimed by the petitioner for grant of pension/family pension to the petitioner whose son Late Bal Krishan Sharma had died while in service.2. The facts giving rise to the filing of this writ petition briefly stated are that that Late Bal Krishan Sharma son of the petitioner Was initially appointed on the post of Munshi in Public Works Department on 1.11.1973 and had completed 10 years of qualifying service satisfactorily as Munshi on 31.10.1983 and had thus become entitled for confirmation on the post of Munshi w.e.f. 31.10.1993. However, for reasons beyond control of the petitioner and due to inaction on the part of the Authorities of respondent department the petitioner's son, deceased employee, was no confirmed in service during his life time and he died on 22.6.1985. Subsequently the petitioner's son was confirmed on the post of Munshi vide order, dated 20.12.1986 w.e.f. 31.10.1983 vide Annexure 1. It has been further conte...
Tag this Judgment!Mata Alias Manohar Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-25-1995
Reported in: 1996CriLJ743; 1995(2)WLC699
ORDERN.L. Tibrewal, J.1. In this revision the prayer of the petitioner is to set aside the order dated, 3rd May 1995 of the learned Sessions Judge, Jaipur City, in Criminal Appeal No. 72/95 confirming the order of Principal Magistrate, Juvenile Court, Jaipur whereby bail was declined to the petitioner. The circumstances leading to the petition may be narrated as under:Crime No. 19/94 was registered at Police Station, Mansarowar under Section 302 IPC. The petitioner, who is a delinquent juvenile under the Juvenile Justice Act, 1986 (hereinafter referred to as the Act) was arrested in the aforesaid case on January 21, 1994, as stated by the learned counsel for the petitioner. Initially, the charge-sheet was submitted in the Court of Special Judge (Sati Niwaran) Court but subsequently the case was made over to the Juvenile Court for an inquiry, as the petitioner was a delinquent juvenile and could be dealt with under the aforesaid Act. The petitioner, thereafter, moved an application for ...
Tag this Judgment!Hajari Singh Rajpurohit Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-25-1995
Reported in: 1996(1)WLC205; 1995(2)WLN281
P.P. Naolekar, J.1. The petitioner was a Sergeant in the Indian Air Force. At the end of his tenure, he was finally discharged from the services of the Air Force and is an Ex-Serviceman. It is the case of the petitioner that he possesses diploma in Mechanical Engineering which was awarded by the Indian Air Force. On 14th April, 1988, and advertisement was issued inviting applications for the posts of Junior Engineer Mechanical (Diploma). The petitioner applied and was called for interview. It is alleged in the petition that he successfully appeared in the interview but was not appointed to the post of Junior Engineer in the Public Health Engineering Department.2. This Court directed the state to produce the record of selection and, in compliance thereof, relevant record of the selection-proceedings was produced before this Court, It appeal's from the record of the selection-proceedings that on 24.05.90 merit-lists for the posts of Junior Engineer Mechanical (Diploma) of general, schedu...
Tag this Judgment!Vikas Bunkar Vs. Rajasthan State Handloom Development Corporation Ltd.
Court: Rajasthan
Decided on: May-25-1995
Reported in: 1996(1)WLC197; 1995(2)WLN198
Gyan Sudha Misra, J.1. The petitioner in this writ petition has challenged the legality of the order of termination of his services, dated August 19, 1989, essentially on the ground that the same has been passed in violation of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act).2. The facts which lie within a short compass are that the petitioner was initially appointed on daily wages of Rs. 14/- per day in the service of the respondent Rajasthan State Handloom Corporation with effect from 12/1/1988 for a period of three months which was extended from time to time. Ultimately, when the petitioner completed approximately 20 months of service which according to him, was without any interruption, was handed over an envelope on August 18, 1989 regarding which the petitioner enquired and it was informed to him that the letter has been delivered to him in pursuance of the instructions of the Managing Director of the respondent Corporation. The petitioner op...
Tag this Judgment!Dr. Mathura Lal Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-25-1995
Reported in: 1995(3)WLC723; 1995(2)WLN287
V.S. Kokje, J.1. The petitioner was a candidate at the Selection held by Rajasthan Public Service Commission (for short 'the RPSC hereinafter), for a post of Assistant Professor (Lecturer) in Anaesthesiqlogy. The Selection took place against advertisement No. 7/92 and 8/92. The number of posts for which Selections were to be made were ten. The Selection List was declared by the RPSC on September, 18, 1993, petitioner's name did hot find place in the Selection List. But according to the information given to by the RPSC on October 1, 1993, vide Annexure/2, the petitioner's name was at No. 2 in Reserve List. Appointments were given to ten persons in the Selection List by the Order dated October 19, 1993 on the basis of the main list of the Selection List of candidates forwarded by the RPSC to the Government on September 24, 1993. On February 11, 1994, the Government informed the RPSC that one post over and above the ten posts created in the year 1992 was already vacant and therefore, name...
Tag this Judgment!Nasir Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-25-1995
Reported in: 1995(3)WLC510; 1995(1)WLN695
P.P. Naolekar, J.1. The petitioner was initially appointed as Driver on 11.08.64 in the work-charge establishment. The respondent State has decided to give regular pay-scale to the work-charged employees who have completed 10 years of service and to fix their pay-scale in the pay-scales of 1976. In pursuance of the decision taken by the State, the petitioner's services were regularised on the post of Driver on his completion of 10 years of service vide order dated 18.06.91. Later on, by order dated 23.04.92, the petitioner was given selection-grade and fixed in the pay-scale of Rs. 1200-2050 with effect from 01.09.88 and a sum of Rs. 5,964/-was paid to him by way of arrears. On 04.05.92, an order has been issued by the Additional Chief Engineer, Public Works Department, Bikaner Region, Bikaner withdrawing the order dated 23.04.92 whereby the petitioner was given the selection-grade and amount of arrears was paid to him. It is said-in the order that the matter regarding sanction of sele...
Tag this Judgment!Rajendra Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-24-1995
Reported in: 1996CriLJ1560; 1995(3)WLC200; 1995(2)WLN566
N.L. Tibrewal, J.1. The appellant Rajendra Singh Bhati has filed this appeal against the judgment dated September 16, 1994, passed by the Additional Sessions Judge No. 1, Kota, in Sessions Case No.31/93 whereby he has been convicted underSection 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- for committing murder of his wife by setting fire to her clothes after pouring kerosene. In default of payment of fine, he was awarded one year rigorous imprisonment.2. At the centre of the case is a young newly married wife who succumbed due to extensive burn injuries sustained at her in-laws house. The shocking part of the prosecution case is that the husband of the deceased sprinkled kerosene oil and set her on fire. The deceased Smt. Manjulata/ Smt. Lata was married with the appellant on May 5, 1992 and on 27th December, 1992, she sustained extensive burns at 8 or 8.30 p.m. while she was living with her husband at her in-law's house. P.W. 17 Lal Chand, the then A...
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