Rajasthan Court December 1997 Judgments
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Panchoo Lal Sharma Vs. State
Court: Rajasthan
Decided on: Dec-08-1997
Reported in: 1998(3)WLC670; 1997(2)WLN684
M.A.A. Khan, J.1. Notice was given to P.P. and the learned Counsel for the parties were heard.2. The petitioner had been working as Head Constable in the police Force Rajasthan in the year of 1995. It appears that he had been entrusted with the investigation of a case during which he allegedly demanded bribe from one of the party to that case the matter Was reported to the Anti Corruption Department and First Information Report being No. 68/95, was registered against the petitioner. After investigation of the case the police submitted final report. The Special Judge did not accept such report. Instead, he was of the opinion that offence punishable under Section 120B IPC appeals to have been committed by the petitioner, Durga Lal and Gopal. He, therefore, directed that the papers be. put before sanctioning authority. It was further observed by him that the opinion of the sanctioning authority be communicated to him.3. It was urged that the learned Special Judge could not have directed t...
Satya Deo Sharma and anr. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-08-1997
Reported in: 1998(3)WLC400; 1998(1)WLN438
Amaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioners and the learned Public Prosecutor and perused the relevant record.2. By this petition filed under Section 482 Cr. P.C. the petitioners have prayed that the order passed by the learned Chief Judicial Magistrate, Pali on 23.6.1997, directing the police to start investigation in connection with the offence under Section 420 I.P.C. the order dated 22.7.1997 passed by the learned Additional Sessions Judge, Pali in criminal revision No. 39/97 whereby he upheld the order of the learned Chief Judicial Magistrate and the first information report No. 248/97 registered at police station Kotwali, Pali in compliance with the order passed by the learned Chief Judicial Magistrate and the investigation conducted by the Police be quashed.3. The facts relevant for the disposal of the petition may be summarised as below:4. On 22.6.1997 Shri Satya Deo Sharma (petitioner No. 1) lodged the first information report No. 245/97 at Police Sta...
Dr. Achyut Sharma Guleri Vs. the State and ors.
Court: Rajasthan
Decided on: Dec-05-1997
Reported in: AIR1998Raj250; 1998(1)WLN597
ORDERArun Madan, J. 1. The petitioner who is a medical graduate from the University of Rajasthan, has filed this writ petition seeking a direction to the respondent-university to compute the period of registration of the petitioner for M.D. (Microbiology) course which is of the duration for a period of three years which, according to him, should be computedw.e.f.5-l0-1991 instead of 14-11-1992 pursuant to the resolution dated 17-2-1992 of the Faculty of Medicine and Pharmaceutical University of Rajasthatn, Jaipur which took the decision that a candidate who is registered as senior Demontrator shall be granted exemption for taking entrance test for Pre P.O. study. This decision was taken by the University in larger academic interest of the candidates with a view to permit them automatic registration, after taking into consideration various communications/representations of the said candidates made to the University and also after taking into consideration the past practice prevalent in ...
National Insurance Company and ors. Vs. Kamal Prakash Rohila
Court: Rajasthan
Decided on: Dec-05-1997
Reported in: 1998(2)WLC66; 1998(1)WLN458
B.S. Chauhan, J.1. This appeal is preferred against the judgment and order of the learned Single Judge passed on 10.7.1995 in Writ Petition No. 825/91, by which the claim of the respondent of stepping up the pay scale has been allowed, by placing reliance upon the judgment and order of a learned Single Judge in Radhey Shyam Gupta v. General Insurance Corporation and Ors. 1994 (1) RLR 757. The present appellants have also filed appeal against the said judgment and order in Radhey Shyam Gupta (supra), wherein the operation of the said judgment and order has been stayed by the Division Bench and the appeal is pending for final hearing before the Jaipur Bench of this Court.2. Respondent is an employee of the appellant Company which floated a rationalisation scheme in 1985, amending the earlier rationalisation scheme of 1974, bracketing/bunching the employees in two or more consecutive stages together and fixing a revised pay scale for them. Thus, the scheme provided for restructuring the p...
Mamraj (Dead) Through Premshanker, (Legal Representative) Vs. the Stat ...
Court: Rajasthan
Decided on: Dec-05-1997
Reported in: 1998(2)WLC433; 1998(1)WLN453
B.S. Chauhan, J.1. The instant petition has been filed against the judgment and order dated 29.4.1982 contained in Annex. 3 to the petition, passed by the Board of Revenue, respondent No. 2, by which the judgment and order of the Addl. Collector, Sri Ganganagar, dated 25.2.1980 contained in Annex. 2 to the petition has been upheld.2. Petitioner claims that he is having agricultural land in the revenues State of village Ravala, Tehsil Anoopgarh, District Sri Ganganagar and on commencement of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter called the Act), proceedings were initiated against him. It was held that the petitioner was having 186 bighas of irrigated land and ten bighas of barani land.The authorised officer accepted the case of the petitioner and giving him benefit of three units as he has two major sons and taking into consideration the intensity of the irrigation, allowed 64 bighas of land on each unit and in this way. vide order dt. 12.3....
Mukna Ram and ors. Vs. the State and anr.
Court: Rajasthan
Decided on: Dec-04-1997
Reported in: 1998CriLJ1882; 1998(2)WLC213; 1998(1)WLN550
ORDERAmaresh Kumar Singh, J.1. Heard the learned counsel for the petitioners learned P.P. for the State arid perused the original record of 916/88 State v. Mukna Ram and Ors. pending in the court of Railway Magistrate Jodhpur.2. By this petition under Section 482, Cr.P.C. it is prayed that the order dated 6-12-1988 passed by the Railway Magistrate, Jodhpur be quashed.3. The facts necessary for disposal of this petition may be summarised as below :According to the prosecution 17 bags of Bajra were stolen from the Railway Station Marwar Lohawat. After enquiry conducted under the Railway Property (Unlawful Possession) Act, 1966 a complaint was filed by the Company Commander of Railway Protection Force in the Court of Judicial Magistrate Railways, Jodhpur against-five persons namely Mukna Ram, Magram, Mohan Ram, Babu Ram and Hari Ram, alleging the commission of the offence punishable under Section 3 of Railway Property (Unlawful Possession) Act, 1966. 4. On the basis of that complaint lear...
Balkar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-04-1997
Reported in: 1998(3)WLC472; 1998(1)WLN450
Amaresh ku. Singh, J.1. Heard the learned Counsels for the petitioners and learned Public Prosecutor.2. All the three petitions filed under Section 482 Cr. P.C. are against the framing of the charges against the petitioners on 21.11.1994 in criminal case No. 433/89 State v. Parminder Singh and Ors. It is, therefore, proper that all the petitioners should be disposed of together.3. The learned Counsels for the petitioners have submitted that the order dated 21.11.1994 recorded on the order sheet of the case is not a speaking order in as much as the learned Additional Chief Judicial Magistrate has not given reasons for coming to the conclusion that there were grounds for framing charges against the petitioners. The ground on which these petitions is based, is that the charges which have been framed against the petitioners, appear to have been framed without applying Judicial mind because every petitioner has been charged of the offence of entering into a conspiracy to forged the degrees ...
Smt. Padmja Sharma Vs. Ratan Lal Sharma
Court: Rajasthan
Decided on: Dec-03-1997
Reported in: II(1998)DMC474
M.G. Mukherji, C.J.1. This appeal is directed against an order dated 4.10.1997 passed by the learned Judge, Family Court, Jaipur in Case No. 356/95 (Old No. 147/ 90) and Case No. 132/95 (Old No. 4/90) whereby the learned Judge, Family Court disposed of not only an application under Section 13 of the Hindu Marriage Act for divorce preferred by the presentappellant against her husband-respondent but also disposed of an application under Section 26of the Hindu Marriage Act and granted an amount of Rs. 500/- per month to each of the minor children as maintenance effective from the date of the impugned order.2. The grievance of the present appellant Smt. Padmja Sharma is that even though the appellant and the respondent were married according to Hindu rites on 2.5.1982 at Jaipur and two sons were born to them named Manu alias Abhijit Sharma and Anu alias Atul Sharma, born respectively on 27.1.1984 and 28.6.1985, she was perforce compelled because of the inhuman cruelty perpetuated to her, t...
Rajendra Kumar Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Dec-03-1997
Reported in: AIR1998Raj165; 1998(1)WLC277
ORDERJ.C. Verma, J.1. Petitioner was running the business of Carver Ivory, popularly known as Mammoth Ivory under the license as issued by the State which license stood renewed from year to year. There are certain restraints on his business which have been provided under the Wild Lite (Protection) Act. It is stated by him that because of certain amendments made in Sections 5, 27, 33, 34, 35 and 37 vide Act No. 44 of 1991 in the aforesaid Act, his livelihood has been effected and exercising powers under Section 49 of the Amended Act, he has been informed vide Annexure-4 dated 23-12-1991 to the effect that the import of ivory has been banned and, therefore, the petitioner is restrained from dealing with ivory in any and whatsoever manner subsequent to 29-2-1992. The letter Annexure-4 has given a cause of action to the petitioner for challenging the amended sections of Act 44 of 1991. It is stated by the petitioner that the provisions of the amended law do not and cannot have effect of pr...
Managar, Bijainagar Kriya Vikriya Sahkari Samiti Ltd. Vs. the Judge, L ...
Court: Rajasthan
Decided on: Dec-03-1997
Reported in: 1998(1)WLN548
A.K. Parihar, J.1. Petitioner has challenged the awards dated 5.6.1997 passed by Labour Court and Industrial Tribunal, Ajmer, passed separately in case of two workmen, Sri Kamal Kishore Sharma and Sri Kailash Chand Panwar in the above writ petitions.2. Both the concerned workmen in above writ petitions came to be appointed in the petitioner samiti somewhere in the year 1993. However, their services were terminated in the month of September, 1995. On a dispute been raised before the Conciliation Officer, the same was referred to Labour Court for adjudication by the State Government.3. The Lobour Court after taking evidence of both the sides in both the cases, held that termination of services of the concerned workman was not legal and justified and, as such they were entitled for reinstatement with full back wages and continuity of service.4. Mr. Mathur, learned Counsel for the petitioner in both the cases has assailed the respective awards on the ground that both the concerned workmen ...