Rajasthan Court October 1998 Judgments
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Rajasthan State Electricity Board Vs. Gopal Oil Mills and ors.
Court: Rajasthan
Decided on: Oct-14-1998
Reported in: AIR1999Raj104; 1999(2)WLC424
ORDERArun Madan, J. 1. This judgment will dispose of the aforesaid seven second appeals as they involve common questions of law for consideration as urged by the learned counsel for the defendant-appellant. 2. In brief, the facts stated are that Rajasthan Stale Electricity Board (for short, 'the Board') appellant-defendanl issued notice to its consumers like the plaintiffs-respondents in these appeals stipulating therein that in view of the provisions contained in Clause 20(f) of the General Conditions of Supply and Clause (b) of Part II of the Schedule of Conditions of Supply, the security amount has been revised on the basis of average of three months' consumption of electricity supply for the year 1979-80 and thereby the plaintiffs were directed to deposit additional security by way of cash as well as bank guarantee for the amounts stated in the notice. Against the issuance of the aforesaid notice, the plaintiffs presented civil suits for declaration and permanent injunction. The su...
Tara Chand Mundhra Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Oct-14-1998
Reported in: [2000]245ITR187(Raj)
Bhagwati Prasad, J.1. The petitioner in the present writ petition has been assessed after he filed bis income-tax return for the year ending on June 30, 1984, for the assessment year 1985-86. The assessment order has been filed by the petitioner as annexure 3 which is dated August 7, 1987. The petitioner filed his balance-sheet with the return before the assessing authority. The same is produced as annexure 1. In this balance-sheet, the petitioner has shown the value of the house property at Jaswantgarh at Rs. 2,75,000.2. Prior to the completion of the assessment for the year 1985-86 and passing of the assessment order annexure 3, respondent No. 3 had made a reference to the Valuation Officer of the Income-tax Office, vide his letter dated April 20, 1987, to assess the value of the house. A letter of reference has been produced as annexure 4. Before this valuation report could come to respondent No. 3, as desired by him vide letter annexure 4, he proceeded with the assessment and on Au...
Roopsi @ Roop Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-14-1998
Reported in: II(1999)DMC318; 1999(1)WLC286
G.L. Gupta, J.1. This misc. petition under Section 482, Criminal Procedure Code is directed against the judgment dated 24.4.1998 passed by the learned Sessions Judge, Dungarpur whereby he while setting aside the order passed by the Chief Judicial Magistrate held that the respondent Smt. Ganga was entitled to maintenance from her husband @ 500/- per month from the date of application.2. The short facts of the case are that on 16.1.1996 Smt. Ganga (respondent) made an application before the Chief Judicial Magistrate for the grant of maintenance allowance with the allegations that she was married to Roopsi @ Roop Singh some 17 years back and that as there was no issue to the wedlock Roopsi started giving beatings to her and turned her out of the matrimonial home. It was also stated that she had even given her consent to Roopsi to marry some other lady yet the husband was causing cruelty to her. In the reply, it was averred that Ganga was already married to someone and she had contacted 'N...
Roopsi Alias Roop Singh Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-14-1998
Reported in: 1999CriLJ1739
ORDERG.L. Gupta, J.1. This misc. petition under Section 482, Cr. P.C. is directed against the judgment dt. 24-4-98 passed by the learned Sessions Judge, Dungarpur whereby he while setting aside the order passed by the Chief Judicial Magistrate held that the respondent Smt. Ganga was entitled to maintenance from her husband @ 500/- per month from the date of application.2. The short facts of the case are that on 16-1 -96 Smt. Ganga (respondent) made an application before the Chief Judicial Magistrate for the grant of maintenance allowance with the allegations that she was married to Roopsi alias Roop Singh some 17 years back and that as there was no issue to the wedlock Roopsi started giving beatings to her and turned her out of the matrimonial home. It was also stated that she had even given her consent to Roopsi to marry some other lady yet the husband was causing cruelty to her. In the reply, it was averred that Ganga was already married to someone and she had contacted 'Nata' marria...
Pahar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-14-1998
Reported in: 1999CriLJ1150
A.S. Godara, J.1. This appeal is directed against the judgment and order dated 23/24-7-1981 passed by learned Sessions Judge, Jalore in Sessions Case No. 58/80. The learned Sessions Judge, after completion of trial, vide his impugned judgment and order convicted and sentenced the accused-appellants Nos. 1 to 7 as under:1) Pahar Singh Under Section 302 IPC Sentenced to life imprisonmentand, fine of Rs. 1000/- and, indefault of payment of fine, tofurther undergo one year'srigorous imprisonment. Under Section 302/149 IPC Life imprisonment of and fineRupees 1000/- and, indefault of payment of fine, tofurther undergo one year'srigorous imprisonment. Under Section 325/149 IPC Three years' rigorousimprisonment and a fine of Rs. 300/-and, in default ofpayment of fine to furtherundergo four months' rigorousimprisonment. Under Section 323 IPC Three months' simple imprison-ment and fine of Rs, 100/-andin default of payment of fineto further undergo 15 days'simple imprisonment. Under Section 323/1...
Smt. Madhu Jajoo Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-13-1998
Reported in: AIR1999Raj1; 1999(1)WLC735
ORDERB.S. Chauhan, J.1. The petitioner has filed an application to withdraw the instant petition filed by her before the principal seat of this Court. The other side has raised serious objections and opposed the said application.2. The facts and circumstances giving rise to this application are that the petitioner, who is the Chair-person of Municipal Council, Bhilwara, had challenged the order of suspension passed by the State Government from the Chair-person ship and Membership of the Municipal Council. Bhilwara on various grounds. The writ petition was admitted by this Court vide order dated 1 -9-1998. However, this Court rejected the application for interim relief in spite of the fact that all possible arguments had been made on her behalf including the allegations of mala fide against Shri Ramrich Pal Nuval, respondent No. 2 presently the M.L. A. from Bhilwara Constituency and regarding the arbitrary exercise of power by the State Government. By a speaking and reasoned order, the ...
Ganpat Lal and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Oct-13-1998
Reported in: AIR1999Raj225
ORDERJ.C. Verma, J. 1. Agriculture land in Khasra Nos. 396 and 397 measuring 15 Biswas and 1 Bigha 15 Biswas respectively situated in Village Palsana belonged to the petitioner Ganpatlal and Chouth Mal, father of the petitioners No. 2 to 5 and husband of petitioner No. 6. Shri Kanhaiyalal Tambi, who was the father of petitioner Ganpatlal and the deceased Chouthmal and late Shri Jamunadas was elder brother of Ganpatlal and late Shri Chouth Mal. A school had been constructed by said Shri Kanhaiyalal and late Shri Chouthmal which was donated to the government in the year 1949. It is admitted fact that the School in the name of late Shri Kanhaiyalal Tambi Govt. Secondary School, Palsana, is still in existence. This school has now been upgraded from Secondary to Senior Secondary. A donation deed was also executed in Feb. 1971. The above said Khasra No. 396 and 397 were abutting the buildings of the school. The school authorities required more land for the purpose of school ground, and, ther...
Vimal Chand and Etc. Etc. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Oct-13-1998
Reported in: 1999CriLJ128
ORDERArun Madan, J.1. In all aforementioned petitions, identical and similar questions of law and facts are involved in the dispute between the same parties seeking similar relief and, therefore, these petitions are being disposed of by this common order at the request of both the parties.2. The first five misc. petitions Under Section 482, Cr.P.C. pertain to the relief sought by the petitioners for quashing the first information reports lodged by complainant, Shantilal, the power of attorney holder of M/s. Savdekar Thakur & Company. Pune, with his office situated at Sumerpur Rajasthan, at respective police stations within Jalore district for offences under Sections 78, 79 of the Trade and Merchandise Marks Act, 1958 (for short, the Act of 1958), Sections 63 and 64 of the Copyright Act, 1957 (for brevity, the Act of 1957) read with Sections 420 & and 120B, IPC.3. Rest of the two petitions are revision petitions filed under Sections 397 and 401, Cr.P.C. against impugned orders dated 5-6...
S.K. Lahri Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-10-1998
Reported in: AIR1999Raj39
ORDERJ.C. Verma, J.1. This writ petition has been filed by Mr. S. K. Lahri an Advocate of this Court for direction to the Collector, Jalor to release the fee-bill along with interest etc. with effect from 22-11-94. It is stated at bar by Mr. Lahri that a cash payment of fee-bill has been made to him only yesterday.2. The petitioner had appeared in the case Slate v. Pukhraj, Second Appeal No. 49/94 and conducted the same successfully before the Settlement Commissioner, Jaipur. The petitioner had sent a fee bill for payment of an amount of Rs. 5,000/- vide letter dated 29-11-94 (Ann. 2). The petitioner was engaged by the Department and he conducted the same successfully. He attended about five hearings, before the Settlement Commissioner. Even the certified copy of the decision was supplied to Department. Fee bill was not paid, consequently, the counsel had to issue a legal notice dated 8-8-95 and again a registered notice dated 2-4-96. It is stated that Tahsildar, Bhinmal had been reque...
State of Rajasthan Vs. Panna Ram and anr.
Court: Rajasthan
Decided on: Oct-07-1998
Reported in: (1999)IIILLJ985Raj
R.R. Yadav, J. 1. The present writ petition has been filed questioning legality and validity of the ex-parte award dated June 28, 1993 (Annex. 3) passed by Judge, Labour Court-cum-Industrial Tribunal, Bikaner (respondent No. 2). 2. Indisputably, the ex-parte award dated June 28, 1993 (Annex. 3) was published on October 25, 1993. After expiry of 30 days from the date of publication, the award impugned subject to the provisions of Section 17A of the Industrial Dispute Act, 1947 becomes final within the meaning of Sub-section (2) of Section 17 of the said Act. Under the aforesaid provisions the finality of the award Annex.3 cannot be called in question by any Court in any manner whatsoever. Date of publication of the award is the date of notification by the Government and not the date of its appearance in the gazette. 3. In the present case, application for setting aside Tribunal's ex-parte award dated June 28, 1993 (Annex. 3) was made by the petitioner on December 28, 1993 much after exp...