Rajasthan Court August 1997 Judgments
Satya Prakash Trivedi Vs. R.S.E.B. and ors.
Court: Rajasthan
Decided on: Aug-19-1997
Reported in: 1998(2)WLC364; 1997(2)WLN370
V.G. Palshikar, J.1. By this petition, the petitioner has challenged the order dated 18th June, 97 passed by the Chairman of the Board suspending the petitioner from service as Junior Engineer in view of contemplated disciplinary proceedings. It is alleged that the order of suspension is unwarranted arbitrary and, therefore, unsustainable in law. Several grounds have been given in support of the challenge as made in this petition.2. An extensive reply is filed by the Board defending the action of suspension and claiming that the order of suspension is not arbitrary or unwarranted or unjustified. Taking a very strong objection for interference with such order of suspension, Shri L.M. Lodha, learned Counsel for the respondent, Board pointed out to me several decisions of the Supreme Court of India and submitted that this Court should not exercise its discretionary jurisdiction in the present case of suspension. He placed heavy reliance on a judgment reported in AIR 1994 SC page 2296 and ...
Tag this Judgment!De Vs. Hree Cement Ltd.
Court: Sales Tax Tribunal STT Rajasthan
Decided on: Aug-14-1997
Reported in: (2003)133STC410Tribunal
1. These writ petitions have been filed for quashing the notification dated January 11, 1990, amending the earlier notification dated May 23, 1987, issued under Section 4(2) of the Rajasthan Sales Tax Act, 1954 (in short, "the RST Act") reducing the exemption of tax from 100 per cent to 50 per cent with retrospective effect from August 6, 1988, the assessment orders (annexure 2 in each case) and the demand notices (annexure 3 in each case). Their particulars are as follows : On the establishment of the Tribunal, these writ petitions stood transferred to it under Section 15, Rajasthan Taxation Tribunal Act, 1995.2. It has been averred in the writ petitions, in short, as follows : After filing writ petitions Nos. 3136 of 1992, 1124 of 1992, 1959 of 1992, 5083 of 1992, 5865 of 1993, 1888 of 1993, 1887 of 1993 and 5869 of 1993 against the respondents, the petitioner was granted eligibility certificate under the Sales Tax Incentive Scheme for Industries, 1987 with effect from June 28, 1988...
Tag this Judgment!Kewal Kishan Talwar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: (1999)IIILLJ523Raj; 1998(1)WLC383; 1997(2)WLN343
J.C. Verma, J.1. The petitioner, a Lecturer/Professor, is challenging the order of compulsory retirement Annex. 1 dated May 5, 1995 passed by the respondents, on various grounds.2. The petitioner was initially appointed as Lecturer/Professor on August 1, 1969 with the respondent No. 2 Seth G.L. Bihani S.D. College, Sri Ganganagar, which is an aided institution and was confirmed in the year 1971. It is stated that the respondent No. 2 is an educational society registered under the Societies Registration Act and is getting 80% aid from the State Government and is, therefore, 'State' within the meaning of Article 12 of the Constitution of India and amenable to the jurisdiction of this Court under Article 226 of the Constitution of India. It is stated by the petitioner that throughout his service of about 26 years, there was nothing adverse against him or in any case, no adverse remarks had ever been communicated to the petitioner. It is alleged that he had been victimised and chosen for c...
Tag this Judgment!Sh. Abdul Hakim and anr. Vs. Habib Khan
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: AIR1998Raj157; 1997(2)WLN293
ORDERShiv Kumar Sharma, J. 1. This instant revision arises from the order dated Dec. 6, 1996, of the learned Additional Civil Judge No. I. Jaipur City, whereby the application filed under Section 151 of the Code of Civil Procedure by the plaintiff-non-petitioner was allowed.2. Briefly stated facts giving rise to this revision petition are that the plaintiff-non-petitioner (for short the 'plaintiff') instituted a suit for permanent injunction before the trial Court against the defendants-petitioners (for short the 'defendants') stating therein that the plaintiff was a tenant in the shop in question. The defendants wanted to make repair in the said shop and threatened the plaintiff to dispossess forcibly. Therefore, the defendants entered into caveat and appeared before the learned trial Court on Nov. 10, 1994. The plaintiff and the defendants moved an application on Nov. 10, 1994 under Section 151, C.P.C. before the learned trial Court. A perusal of the said joint application reveals th...
Tag this Judgment!N.L. Jogi Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: 1998(1)WLC476; 1997(2)WLN269
J.C. Verma, J.1. The petitioner was initially appointed as a village Level Worker in the year 1963 in the Development Department and was later on sent to Agriculture Department as Agriculture Supervisor where he worked upto 1978. In response to certain vacancies advertised in Jaipur Nagaur Aanchalik Gramin Bank, Jaipur (hereinafter referred to as 'the Gramin Bank') for the post of Manager, and on his application being made, the petitioner was selected as a Manager where he joined after resigning from his earlier post in the Agriculture Department. His appointment in the Gramin Bank was on probation for a period of two years. It is stated by the petitioner that his main work was to supervise his branch and to recover the loans which were advanced to the villagers and as a part of his duties he had used to go for inspection in the villages also. He had visited certain villages on various dates in May and June, 1979 and had submitted his T.A. Bills alongwith receipts. As desired he is sai...
Tag this Judgment!Gopal Lal Vs. Nagu Lal and ors.
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: 1998(1)WLC679; 1997(2)WLN290
Amaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioner. This petition under Section 482 Cr.P.C. is directed against the order dated 24th May, 1996 passed by the learned Special Judge, SC/ST Cases, Merta in Cri. Revision No. 11/96 (14/95), whereby the impugned order dated 7th March, 1991 passed by the learned Civil Judge (Junior Division) cum Judicial Magistrate, Nawa accepting the final report submitted by the police was upheld. -2. In brief the case of the petitioner Gopal Lal is that he was employed by the non-petitioner Nagulal and Shantilal and he served in the capacity of the driver of the truck and Palledar and during the period he was in their employment, he was asked by Nagulal and Shantilal to bring the ornaments of his mother and deposit the same with them and that he deposited the ornaments belonging to his mother with Nagulal and Shantilal, who executed a receipt evidencing the deposit of golden ornaments with them. Regarding the receipt, which is alleged to h...
Tag this Judgment!General Secretary Hindustan Zinc Majdoor Union Vs. Hindustan Zinc Ltd. ...
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: 1998(3)WLC50; 1997(2)WLN318
J.C. Verma, J.1. Hindustan Zinc Mazdoor Union, Debari, District Udaipur through its General Secretary had taken up the case of its active members/office bearers Sarva Shri P.K. Joshi, S.L. Tak and B.K. Mishra who were removed from service and whose cause was taken up by the Union before the Labour Court. The Labour Court vide its order dated 19.3.1984 had held the enquiry to be fall' and vide its award dated 8.1.1986 had maintained the order of removal of the workmen P.K. Joshi and S.L. Tak but had interferred with the termination of services of B.K. Mishra. The punishment inflicted on B.K. Mishra was reduced from dismissal to stoppage of four annual grade increments with cumulative effect. Being aggrieved the petitioner Union has filed the present writ petition.2. As per the facts stated, a first information report was lodged in the police station by the management in regard to an incident against 7 persons i.e. P.K. Joshi, S.L. Tak, B.K. Mishra and 4 others by Shri S. Solanki, Works ...
Tag this Judgment!Raj Bahadur Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: 1997(2)WLN288
Amaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioners and the learned Public Prosecutor.2. This petition under Section 482 Cr.P.C. is directed against the order dated 25th September, 1996 passed by the learned Civil Judge (Jr. Div.) & Judicial Magistrate, Degana in C.R. No. 140/1996, Police Station, Thanwala, by which order the learned Magistrate took cognizance of the offences on the basis of the report submitted by the police under Sub-section (2) of Section 173 Cr.P.C.3. The relevant facts are as below:4. One Shivraj filed a first information report at Police Station Thanwala alleging therein that agriculture fields bearing Khasra No. 323 (measuring 5 bighas), No. 322 (measuring 3.5. bighas and 4 biswa), No. 305 (measuring 15 bighas and 12 biswa), No. 309 (measuring 4 bighas and one biswa), and No. 314/1 (measuring 20.5 bighas and one biswa), and No. 329 (measuring 2.5 bighas) came to his father's possession in a partition, which took place between his father and unc...
Tag this Judgment!Smt. Karttyani Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: 1997(2)WLN361
J.C. Verma, J.1. The petitioner, mother of late Miss Vasanthi Kumari, has filed this writ petition for claiming family pension, on account of death of her daughter Miss Vasanthi Kumari, who was working as Ladies Health Visitor (for short as 'LHV') at Primary Health Centre, Swaroopganj Distt. Sirohi and had died while in service on 19.8.1990 after rendering the total service of 18 years, 7 months and 22 days from 27.1.1972 to 19.8.1990. It is stated by the petitioner that her daughter was unmarried and the petitioner was totally dependent on her for her livelihood. The husband of the petitioner had also died on 6.10.1986. It is stated that all the expenses of the family were being met by her daughter and the petitioner had no source of income whatsoever except the income of her late daughter Miss Vasanthi. It is stated that the petitioner was entitled to family pension in accordance with the provisions of the Rajasthan Service Rules, 1951 and she had also applied for the family pension ...
Tag this Judgment!Laxmi Lal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-13-1997
Reported in: 1998(2)WLC58; 1997(2)WLN291
Amaresh Ku. Singh, J.1. Heard the learned Counsel for the petitioners, learned Public Prosecutor and learned Counsel for non-petitioner No. 2 and perused the order passed by the learned Chief Judicial Magistrate, Chittorgarh dated 13th February, 1997.2. In short the facts are as follows:3. A tractor was purchased by Dalla and Babulal jointly. Later on Babulal alone sold the tractor. The tractor passed from one hand to another and ultimately it was purchased by the son of the petitioner No. 1 Puran Prakash as alleged by the petitioners. Dalla who was not a party in the sale of tractor lodged the first information report on 1st December, 1994 alleging that the tractor trolley was lying outside his house and Shri Laxmi Lal removed tractor from his possession and committed theft. That report was found to be false. Thereafter criminal complaint was filed under Sections 408, 420 and 120 IPC by Dalla against all the purchaser and Laxmi Lal on 1st December, 1994 and on the basis of that compla...
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