Rajasthan Court July 1997 Judgments
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Mitthu Lal Vs. Kundan Lal
Court: Rajasthan
Decided on: Jul-08-1997
Reported in: AIR1998Raj159; 1997(3)WLC353
Arun Madan, J.1. This second appeal has been preferred before this Court by the defendant-appellant who is a tenant in the suit property, situated at Ramlila Nohara Marg, Lalan Gali, Diggi Mohalla, Beawar, bearing Municipal No. 6/335 (old) block No. 1, new Municipal No. 5 which was earlier in the joint ownership of Ghadisiram alias Ghanshyam Dass Agrawal and Ramlal son of Gadhsiram residents of Jaipur and the said property was constructed in 5 blocks, one out of which is in ownership of present respondents, against the judgment and decree dated 8-7-1996 passed in first appeal No. 58/88 by Addl. District Judge. Beawar against the judgment and decree dated 24-5-1988 passed by Munsiff, Beawar in civil suit No. 46/82 whereby the said appellate court had reversed the judgment and decree of the trial Court. The said property was purchased by the plain tiff-respondent on 21-1-1979 by a registered sale deed and in the meanwhile the appellant who was already inducted as a tenant by the earstwhi...
Hari Singh and ors. Vs. Lalu Ram
Court: Rajasthan
Decided on: Jul-08-1997
Reported in: 1997(3)WLC486; 1997(2)WLN25
R.R. Yadav, J.1. This appeal arises from the judgment and decree dated 6.2.1981 passed by the learned Additional District Judge, No.2, Hanumangarh in Original Civil Suit No. 49 of 1977 whereby the learned trial court has decreed the suit for specific performance in favour of plaintiff-respondent against the defendant-appellants.2. Brief facts relevant for decision of the instant appeal are that the plaintiff-respondent filed a suit for specific performance on the ground, inter alia that he entered into an agreement to sell with the defendant-appellants on 23.1.1971 (Ex.1) in respect of Chak No. 22 P.T. P.B. total area 3 Bighas 19 Biswas comprising of Killa No. 16 area 1 Bigha, Killa No. 14 area 1 Bigha, Killa No. 15 area 11 Biswas, Killa No. 4 area 9 Biswas and Killa No. 7 area 19 Biswas for Rs. 18.000/-. It is further averred that in part performance of the agreement to Sell (Ex.1), possession of 'Kotha' situated in Killa No. 7 of the land in dispute was given to him. The plaintiff-re...
Jai Kishan Yogi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-05-1997
Reported in: 1998WLC(Raj)UC480; 1997(2)WLN92
Anshuman Singh, J.1. This petition under article 226 of the Constitution of India has been filed by Jai Kishan Yogi-advocate of Jaipur. It has been alleged that the petition is being filed in public interest, in order to secure thorough probe and accountability in respect of the ongoing episode involving the present Chief Secretary and Cabinet Minister-Devi Singh Bhati. It has been further stated that the people in the State during last several months have been informed about the episode through disclosures in the local and national press. It has also been stated that in the alleged episode present Chief Secretary Shri Devi Singh Bhati, Cabinet Minister and Shri Narpat Singh Rajvi, a sitting Legislator and BJP General Secretary in the State are involved. It has been alleged that some letter was written by Shri Narpat Singh Rajvi, General Secretary of B.J.P. levelling charges of financial irregularities in relation to Bisalpur Project in the State on which some probe was ordered by the ...
Rajasthan State Road Transport Corporation Vs. Labour Court and anr.
Court: Rajasthan
Decided on: Jul-02-1997
Reported in: (1998)ILLJ831Raj; 1997(2)WLN43
B.R. Arora, J.1. This appeal is directed against the Order dated February 28, 1996 passed by the learned Single Judge, by which the learned Single Judge allowed the application under Section 17B of the Industrial Disputes Act, 1947 filed by the workmen and held that the workman Bhero Singh (respondent No. 2 in the writ petition) is entitled to be paid the full wages last drawn by him inclusive of any maintenance allowance admissible to him under the Rules and directed the writ petitioner (appellant) to pay the same within a period of one month from the date of the order.2. In order to appreciate the controversy, it is necessary to state, in brief, the events which led to the present litigation. Respondent No. 2 Bheru Singh was working as a Driver with the appellant Corporation. A disciplinary enquiry was conducted against him and his services were terminated by the Disciplinary Authority vide order dated November 3, 1983. Thework-man, through the employees union, raised an industrial d...
D.C.M. Limited Vs. Regional Provident Fund Commissioner
Court: Rajasthan
Decided on: Jul-02-1997
Reported in: [1998(79)FLR913]; (1998)ILLJ979Raj; 1997WLC(Raj)UC665; 1997(2)WLN10
V.K. Singhal, J.1. The petitioner has challenged the order of determination of dues under Section 7A of the Employees' Provident Funds and Misc. Provisions Act, 1952 dated May 6, 1986 by which the liability in respect of Good Work Reward and Contractor's Employee was determined.2. The submission of the learned counsel for the petitioner is that good work reward has been paid to the employees for the over time which does not fall within the definition of basic wages as defined under Section 2(b) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. It is also submitted that the words 'any other similar allowance payable to the employee' have also been used u/Section 2(b)(ii) and as such even if the amount does not fall within the category of 'over time allowance' then it is 'any other similar allowance'. The second point which has been raised is with regard to liability which has been fixed on account of Contractors' employee and good work. It is stated that those em...
Smt. Saroj Chotiya Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-02-1997
Reported in: AIR1998Raj28; 1997(3)WLC411; 1997(2)WLN46
B.R. Arora, J.1. Petitioner Smt. Saroj Chotiya, by this writ petition, has challenged (i) the validity of Section 26(xiv) and its proviso (e) of the Rajasthan Municipalities Act, which provide general disqualification for the person to be elected as a Member, who has more than two children; and (ii) the legality and correctness of the order dated 13-1-97 (Annexure 4) by which the petitioner was put under suspension.2. Petitioner Smt. Saroj Chotiya, on 2X-9-95, was declared elected as a Member of the Municipal Board, Ratangarh from Ward No. 12. On 9-12-95 she gave birth to the third child. On 30-11-96, a notice under Section 63 of the Rajasthan Municipalities Act (for short, 'the Act') was issued to the petitioner by the Deputy Secretary, Local-Self Government, by which she was asked to explain why she should not be removed from the post of the Member of the Board as she has incurred the disqualification under Section 26 of the Act by giving birth to the third child. She filed reply to ...
Heeralal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-02-1997
Reported in: 1998CriLJ262; 1998WLC(Raj)UC102
ORDER1. This petition under Section 482, Cr. P.C. is directed against the orders dated 21-3-1997 3-4-1997 and 5-4-1997 passed by the learned Additional Sessions Judge No. 3, Jodhpur whereby the learned Addl. Sessions Judge disposed of the three applications moved by the petitioner under Section 311, Cr. P.C.2. At the very outset, we may observe that normally, the petitioner was required to file three separate petitions against each of the above orders. The petitioner was, therefore, not justified in filing this petition against three orders passed on different dates by the learned Addl. Sessions Judge as aforesaid. However, since this matter pertains to a murder reference pending before this Hon'ble Court, we deem it proper to dispose it of on merits.3. The brief facts leading to this petition are that while dealing with murder reference No. 1 of 1996 as also Criminal Appeals Nos. 407 and 418 of 1996 filed by the accused appellants against the judgement of the learned Addl. Sessions Ju...
Kishnia and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-02-1997
Reported in: 1998CriLJ38
Amaresh Ku. Singh, J.1. Heard the learned counsel for the appellants and the learned public prosecutor.2. This appeal is directed against the judgment dated 30th May, 1978 passed by the learned Additional District and Sessions Judge No. 2, Hanumangarh in Sessions Case No. 61/77. By the aforesaid judgment, the appellants were convicted under Section 302 read with Section 34, I.P.C. and each of them was sentenced to imprisonment for life.3. The facts of the case may be briefly summarised as below :On 18th April, 1976 at about 11 a.m. Mamraj lodged an oral First Information Report (Ex. P/2) at Police Station, Rawatsar. According to the First Information Report (Ex. P/2) the land of Mamraj is adjoining the land of Shama Jat. The sons of Shama Jat kept their animals in their field and sometimes they grazed their animals in the field of Mamraj by stealth. Because of this, relations between Mamraj and the sons of Shama Jat were strained. On 16th April, 1976 Mania s/o Shama Jat had beaten the ...
Maharaja Shri Umaid Mills Limited, Pali and ors. Vs. State of Rajastha ...
Court: Rajasthan
Decided on: Jul-02-1997
Reported in: AIR1998Raj9; 1997(3)WLC81; 1998WLC(Raj)UC30
B. R. Arora, J.1. Petitioner No. 1 is a Public Limited Company which runs a textile mill at Pali Marwar. Petitioner Nos. 2 and 3 were its employees responsible for the management of the mill. The industrial effluent of the mill wasbeing discharged in the Bandi river. On 11 -5-84, the Water Pollution Board filed an application under Section 33 of the Water (Prevention and Control of Pollution) Act, 1974 in the Court of the Chief Judicial Magistrate, Pali against the petitioners expressing its grave apprehension that by reason of untreated disposal of sewerage and trade effluent which contain noxious poison and pollutting matter being discharged by the company in the Bandi river, it is likely to pollute the stream and wells in the area. It was, also, stated in the complaint that the company is discharging the trade/industrial effluent which contain sodium sulphate and other poisonous elements in the Bandi river without treating the industrial effluent and is, thus, contravening the provi...
State of Rajasthan Vs. Chathu Ram
Court: Rajasthan
Decided on: Jul-02-1997
Reported in: 1998(1)ALT(Cri)21; 1998CriLJ1528; 1998(1)WLC424; 1997(2)WLN1
Amaresh Ku. Singh, J.1. Heard the learned Public Prosecutor and the learned Counsel for the respondent.2. This appeal is directed against the judgment dated 26th March, 1981 passed by the learned Sessions Judge, Merta in Sessions Case No. 44/8 State v. Chathu Ram. By the aforesaid judgment the accused respondent Chathu Ram was acquitted of the charges under Section 341 and 376, I.P.C3. The facts of the case may be summarised as below :-On 6th October, 1977 Moolchand submitted the First Information Report, Ex. P/1 at the Police Station, Makarana and stated-therein that his daughter Smt. Chothudi was married to Puranmal resident of Ladpur and on the dale of occurrence Puranmal had gone to Deedwana, where a fair of animals was held and in his absence on 5th October, 1977 at about 11 a.m. Smt. Chothudi started from her house with Santu S/o Surajtnal to go to her field. When she was passing through the field of Badrinarain, she wan slopped by Chathu Ram n/o Roogharam. Her daughter Smt. Chot...
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