Rajasthan Court September 2000 Judgments
Bansiwala Iron and Steel Rolling Mills Vs. Union of India and Others
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: 2000(3)WLC750; 2001(1)WLN416
ORDERLakshmanan, CJ. 1. This writ petition is filed by the petitioner against the interim order passed by the Commissioner of Customs and Central Excise (Appeals) Jaipur, respondent No. 2 herein, dated 13.4.2000 dismissing the application under Sec. 35F of the Central Excise Act, 1944 for dispensing with the pre-deposit of duty demanded from the petitioner vide order No. 101/97 dated 5.1.1998 passed by the ACCE, Division, Ajmer together with the memo of appeal filed by them against the impugned order. The Commissioner of Customs and Central Excise (Appeals)-respondent No. 2 rejected the said application following the decision of the Supreme Courtin the case of Union of India and others vs. Jesus Sales Corporation (1), holding that if the points raised in appeals or application have been taken into consideration at the time of passing the order, such order cannot be held to be invalid been accorded. (2). In the light of the above Supreme Court decision, the respondent No. 2 was of the o...
Tag this Judgment!State of Rajasthan and ors. Vs. Hari Ram and ors.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: 2001(1)WLC124; 2001(1)WLN446
ORDERLakshmanan, CJ.(1). Heard Mr. R.N. Mathur, learned Additional Advocate General, Mrs. Shashi Jain and Mr. M.C. Gupta for the respective appellants and Mr. M. Mridul, Sr. Counsel along with Mr. Ajay Rastogi, Mr. R.D. Rastogi, Mr. S.K. Gupta and Mr. Bhanwar Bagri, learned counsel for the respondents. (2). These appeals are filed against the common order dated 21.5.1999 passed by a learned single Judge Hon'ble Mr. Justice J.C. Verma. The writ petitions were filed bythe respondents as petitioners who are holding a Bachelor's degree in Physical Education known as B.P.Ed. from Indira Gandhi University, Nagpur and other Universities. It is their contention that the degrees stand recognised by the respective authorities of the Rajasthan. The post of Physical Training Instructors Grade II, called as PTIs, are to be filled up under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter, to be referred as 'the Rules of 1971'). 50% of the posts are to be filled up by direct rec...
Tag this Judgment!Poonam Singh Vs. Union of India and anr.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: 2001(1)WLC330; 2001(1)WLN451
ORDERShethna, J.(1). The petitioner who is working as Divisional Commercial Mobile Inspector (DCMI), was transferred from Marwar Junction to Gandhidham by order dt. 25.6.99. It was unsuccessfully challenged by him before the CAT in original application which was dismissed by the CAT on 12.7.2000. Hence, this writ petition has been filed.(2). At the out set, it must be stated that the petitioner has already been relieved. Not only that, some body else has taken over the charge in his place.(3). The learned counsel Mr. Panwar, for the respondents relying upon three judgments of Hon'ble Supreme Court in the case of Shilpi Boss (1), Union of India vs. Abbas (2) and N.K. Singh (3), submitted that it was routine transfer, therefore, this court should not interfere with the same, particulary when the CAT after giving detailed reasons dismissed his original application. In the case reported in (AIR 1991 SC 532) (supra), the Hon'ble Supreme Court held (supra) that the Court can interfere with t...
Tag this Judgment!Bhika Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: [2001(89)FLR300]; (2001)ILLJ1014Raj; 2001(1)WLC163; 2001(1)WLN380
B.J. Shethna, J.1. This special appeal is arising out of the judgment and order dated May 6, 1998 passed by the learned single Judge of this Court dismissing the Writ Petition No. 2513/1993 filed by the appellant/petitioner.2. The appellant workman was appointed on muster-roll basis as a workman in the Public Works Department, Sirohi Division on October 1, 1987. In the month of July 1991, his services were terminated by an oral retrenchment order. He, therefore, moved the Conciliation Officer and Labour Welfare Officer, Sirohi-respondent No. 5 raising industrial dispute about his illegal retrenchment from service on the ground that he has completed 240 working days in a calender year with the respondent department. However, the respondent No. 1 refused to refer the dispute to the Labour Court for its decision on the ground that the workman had not completed 240 working days in one calender year, by his impugned order dated April 16, 1993 Annexure 2 to the writ petition). Aggrieved of t...
Tag this Judgment!Dullar Enterprises Pvt. Ltd. Vs. Bhagwan and anr. Etc.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: AIR2001Raj44; 2001(4)WLC599
ORDERJ.C. Verma, J. 1. These connected revision petitions have arisen out of the orders passed in Civil Suit Nos. 256/91, 218/89, 245/91, 243/91 filed against the same defendant and pending in the same Court and arising out of similar set of facts and, therefore, are being decided together. 2. Identical suits were filed by the plaintiffs, now the respondents in the revision petitions, for recovery of amounts as mentioned in the suit from the defendant, now the petitioner, which is a registered private limited company under the Companies Act and its Directors and the Managing Director. The plaintiffs had alleged that they had applied for purchase of certain shares of the company by depositing money and obtaining receipts. Neither the shares were allotted nor any information in regard to shares was given to the plaintiff and repeated requests made to the concerned persons of the company also did not bring any fruit except that false promises were given. It is stated that because the shar...
Tag this Judgment!Mohd. Yusuf Vs. Labour Court and ors.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: [2001(90)FLR517]; (2002)IVLLJ664Raj; 2001(2)WLC537; 2001(1)WLN392
Rajesh Balia, J.1. Heard learned counsel for the parties2. These two petitions arise out of the same award given by Labour Court, Jodhpur, dated April 5, 1999, reinstating the employee with effect from the date of termination of his services with all consequential benefits with the rider that for the purposes of fixation and promotions the period from date of termination to the date of reinstatement shall not be counted and he shall be reinstated at the lowest of the pay-scale applicable to driver. It was also directed that until February 1992 when the workman was reinstated in pursuance of the award made in these proceedings earlier, he shall be entitled to Rs. 15,000 in lump sum, and from September 28, 1995 when his services were again terminated to the date of his reinstatement, he was awarded 20 per cent of the back wages which would include the minimum of the pay-scale with dearness allowance payable thereon and no other amount shall be payable as arrears under the award. Parties ...
Tag this Judgment!Khushi Ram and anr. Vs. Hafiji and ors.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: 2003ACJ452
J.C. Verma, J.1. This appeal has been filed by the parents of the deceased Samay Singh, who died in the accident occurred on 29.2.1996 by negligent driving of the driver of the truck No. RJ 05-G 229. The truck was insured. The deceased Samay Singh was a child of 8 years at the time of accident. The Tribunal after considering the oral and documentary evidence had returned the finding of negligence on the part of truck driver and had held that the parents of the deceased are entitled to Rs. 1,00,000 as final award against the respondents as per award dated 18.4.1998.2. Notice was issued to respondents. In response to notice, the respondents have appeared.3. The learned Counsel for appellants submits that this Court in similar circumstances in case of Jagdish Gaur v. Baldev Singh S.B. Civil Misc. Appeal No. 258 of 1997; decided on 9.1.1998, has held that in case of death of a child, young boy or young girl, compensation of Rs. 1,50,000 would be adequate and reasonable. Relying on the afor...
Tag this Judgment!Sanjay Prakash Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: 2001(1)WLC506; 2001(1)WLN522
B.J. Shethna, J.1. The Director (AIDS), Medical and Health Service, Rajasthan, Jaipur issued a notification dated 4.4.2000 (Annex.3 to the main writ petition) inviting application from the candidates possessing requisite qualification for admission to General Nursing Training Course for the year 2000 with the reservation of 30% for males and 70% for females, in all nursing training Schools in Rajasthan. The same was challenged by the appellant, who is the original petitioner by way of Writ Petition No. 1837/2000 on two grounds (i) in absence of Rules, no reservation can be provided (ii) even if reservation is permissible, then also, it cannot be more than 50% in view of the several judgments of Supreme Court.2. However, the learned Single Judge of this Court by his judgment and order dated 13.7.2000 dismissed the writ petition on the ground that Rule 7 of the General Nursing Training Course Rules, 1990 clearly provides for reservation and looking to the nature and requirement of servic...
Tag this Judgment!The State of Rajasthan Vs. Mahesha and ors.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: 2001(1)WLC432; 2001(1)WLN527
B.J. Shethna, J.1. The original petitioners migrated from Pakistan in the year 1965 being refugee. Initially they were granted permission for temporary cultivation of land in question. The same was extended from time to time upto 1969. Somehow or other, renewal of those leases were not made after 1969. In the year 1970, the land in question was allotted to the original- respondents No. 7 to 15 (present respondents No. 31 to 39).2. There is chequered history of this case. The matter was remanded to SDM by higher up authority and ultimately, the writ petition was filed before this Court way back in the year 1988 by the original petitioners, which came to be disposed of by the learned Single Judge on 4.5.1999 with a direction to the respondent-present appellant to consider the case of the original petitioners for regularisation of land in their favour which was in their possession for last more than 34 years and also to consider the case of original respondents No. 7 to 15 for allotment o...
Tag this Judgment!Bhanwarlal Paliwal Vs. State and ors.
Court: Rajasthan
Decided on: Sep-13-2000
Reported in: 2001(1)WLN452
B.J. Shethna, J.1. This appeal is arising out of the judgment and order dated 7.8.2000 passed by the learned Single Judge of this Court dismissing the writ petition No. 2454/2000 filed by the appellant/ petitioner challenging the impugned order dated 15.7.2000 passed by the respondent No. 3 placing him under suspension with effect from 22.11.1999, the date on which he was taken into custody, for remaining in custody for more than 48 hours.2. The original petitioner was appointed as Teacher Grade-Ill in December, 1982. An incident took place between two groups of the village on 9.11.1999 for which cross cases have been registered against both the sides. General allegations were made in the F.I.R. filed by Pabu Dan against several accused persons including the original petitioner/appellant for the offence punishable under Sections 147, 148, 149, 447, 323, 324 and 436 I.P.C. Similar offences were registered against the other side. No specific role is attributed to any of the accused inclu...
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