Rajasthan Court January 2001 Judgments
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Union of India and ors. Vs. Shri Ram Kishan Verma and anr.
Court: Rajasthan
Decided on: Jan-04-2001
Reported in: 2001(1)WLC604; 2001(1)WLN483
ORDERLAKSHMANAN, CJ.(1) Heard Mr. Vinit Kumar Mathur, learned counsel for the petitioners and Mr. S.K. Malik learned counsel for the respondents.(2). These writ petitions were filed questioning the correctness of the order passed by the Central Administrative Tribunal, Jodhpur, dated 21.3.2000 in O.A. No. 22/99 filed by Ram Kishan Verma, order dated 21.8.2000 in O.A. No. 21/1999 filed by Jepa Ram Sangar and the order dated 21.8.2000 in O.A. No. 20/1999 filed by Guru Prasad Dahiya respectively.(3). The Tribunal allowed the Original Application filed by the first respondent in all the three writ petitions and quashed the order dated 5.1.99. The Tribunal has further directed that the first respondent would continue to draw their pay in the scale of Rs. 4000-6000 and if any recovery has been made in pursuance of order dated 5.1.99 the same shall be refunded to the applicants with interest at 12% per annum compounding annually.(4). Mr. Vinit Kumar Mathur, learned counsel for the petitioners...
M/S. Pankaj Food Industries, Bhilwara Vs. the District Level Screening ...
Court: Rajasthan
Decided on: Jan-04-2001
Reported in: 2001(1)WLC594; 2001(1)WLN485
ORDERBalia, J.(1) We have heard the learned counsel for the appellant.(2). These three Special Appeals are filed by the same person challenging the show cause notice issued to him for cancelling the eligibility certificate and levying tax for three separate assessment years on the alleged concealment of turnover of sales.(3). The petitioner filed originally three writ petitions challenging the show cause notices only after filing reply thereto. During the pendency of the writ petitions, orders were made by the assessing authority cancelling the eligibility certificate for availing incentive sales tax under the Incentive Scheme 1987 and levying tax and penalty. Those orders are appealable orders. The learned single Judge has dismissed all the three petitions on the ground of availability of alternative remedy for challenging the assessment orders made by the assessing authority.(4). The learned counsel challenges the order passed by the learned Single Judge, inter alia on the ground tha...
Bali Alias Bahal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-04-2001
Reported in: 2001CriLJ909; 2001WLC(Raj)UC284
Sunil Kumar Garg, J.1. This is an appeal by the accused-appellant against the judgment and order dated 30-4-1982 passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No. 34/1981, by which the learned Sessions Judge convicted the accused-appellant for the offence under Sections 376 and 450, IPC and sentenced in the following manner:-Name of accused- Convicted under section Sentence awarded appellantBali alias Banal Singh 376 IPC Five years' RI and a fine of Rs. 500/-, in default of payment of fine, to further undergo RI for 3 months. 450 IPC Three years' RI and a fine of Rs. 500/-, in default of payment of fine, to further undergo RI for 3 months. The above sentences were ordered to run concurrently.2. The facts giving rise to this appeal, in short, are as follows :-On 10-1-1981, PW-1 Indobai lodged an oral report Ex. P/1 before PW-7 Mani Ram, who was SHO on that day at Police Station, Matilirathan District Sri Ganganagar stating inter alia that day before yesterday she...
Smt. Mamta Devi and anr. Vs. Udaiveer Singh
Court: Rajasthan
Decided on: Jan-04-2001
Reported in: 2001WLC(Raj)UC248; 2001(1)WLN720
N.P. Gupta, J.1. Heard learned Counsel for the parties.2. By the impugned order, the learned Commissioner has dismissed the claim petition mainly on the ground that the victim Rajnish is not proved to be in the employment of respondent No. 4 Kansingh. The learned Commissioner has also considered the fact that the tractor and trolley in which the deceased was travelling belonged to father and uncle of the deceased being respondent Nos. 1 and 2 and the learned Commissioner also considered the fact in this background that the story of the defendant No. 4 about the deceased having boarded the tractor just for spree is mere probable and natural. The learned Commissioner also relied upon the fact that except the bare word of mouth, there is no other tangible corroborative evidence to establish the deceased to be the employee of Kansingh.3. This finding recorded by the learned Commissioner is a pure finding of fact and does not involve any substantial question of law.4. It is in this backgrou...
Ku. Veena Bose Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-03-2001
Reported in: [2002(93)FLR711]; 2001(1)WLC599; 2001(1)WLN486
ORDERShethna, J.1. Admittedly the petitioner Km. Veena Bose is not a bonafide resident of Rajasthan. She is from Kerala. Notification dated 4.9.1999 (Annex.1) issued by the Director, Medical and Health Services, Rajasthan, Jaipur for selection of Female Health Workers' Training Course, 2000 clearly states that in selection, priority will be given to the residents of State of Rajasthan but nothing more than that. In pursuance of that notification (Annex. 1) the petitioner applied and she was selected and placed at serial No. 3 in the list of 21 selected candidates. Copy of the order dated 5.4.2000 is at Annex. 2. She has joined training on 6th April, 2000. At the time of joining her training, she has also produced her O.B.C. certificate. Till 17th June, 2000 she continued her training but all of sudden Chief Medical & Health Officer (C.M.H.O.), Sirohi by his order dated 17.6.2000 (Annex. 4) cancelled her selection and discontinued her training.(2). Before approaching this Court by way o...
Rikhab Raj Kumbhat Vs. State of Rajasthan and Orthers
Court: Rajasthan
Decided on: Jan-03-2001
Reported in: 2001(2)WLC66; 2001(2)WLN451
ORDERLakshmanan, CJ.1. Heard Mr. Singhvi for the petitioner and Mr. R.P. Dave for respondents No. 2 and 3. The petitioner after his retirement on 31.12.1988 as Dy. Registrar (Admn.) has filed this writ petition on 15.3.1990 to direct the respondents fo fix the pay of the petitioner on the post of Addl. Registrar with effect from 30-8.1988 in the old pay-scale of Rs. 2750-5000 which has been given to Deputy Registrar (Judl.) and, thereafter with effect from 1.9.1988 in the pay-scale of Rs. 4500-5700 of the Rules of 1989 which has been given to Addl. Registrar (Judl.) with all consequential benefits. A further prayer for direction to be issued to respondents directing them to change; the nomenclature and grade of the posi of Deputy Registrar (Admn.) equivalent to that of Addl. Registrar (Judl.) with effect from 30.8.1988 has also been made.(2). The petitioner entered in the service of the Rajasthan High Court in October 1951. He was promoted to the post of Deputy Registrar in officiating...
Union of India (Uoi) and anr. Vs. Smt. Kamlesh Goyal
Court: Rajasthan
Decided on: Jan-02-2001
Reported in: I(2002)ACC497; II(2002)ACC290; 2002ACJ497; 2001(1)WLC601
J.C. Verma, J.1. The Union of India through its General Manager, Central Railway, Mumbai V.T. has filed the present Civil Misc. Appeal against the order dated 6-8-1999 passed by the Railway Claims Tribunal, Jaipur by which order the Tribunal, Jaipur by which order the Tribunal had awarded an amount of Rs. 18,000/ as compensation.2. On 23-6-1998 the respondent claimant Smt. Kamlesh Goyal aged about 30 years of Jaipur was travelling with her husband and two minor daughters in train No. 9023 Dn. Mumbai Central and Firozabad Janata Express when she was attacked by some intruder in the train and her gold chain which she was wearing around her neck was snatched. She is said to have sustained aloss of Rs. 12,000/-. She has claimed the said amount along with interest under the provisions of the Railways Act.3. It was the objection of the present appellant that no such claim application could be preferred or was maintainable under the Railways Act. The parties had fed their evidence. The Tribun...
Ratan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-2001
Reported in: 2001(2)WLC309; 2001(1)WLN647
Arun Madan, J.1. This is criminal Misc. petition under Section 482 Cr. P.C. wherein the complainant petitioner (Ratan S/o Chouthi Jatav) has challenged the order of the learned trial Court whereby it has directed the prosecution to draw attention of the Court to the application filed under Section 319 Cr. PC, as and when the prosecution evidence is closed. The complainant further sought direction for firstly deciding final report in FIR No. 14/97 dated 4.5.2000 as regards Bane Singh prior to the conclusion of trial in Case No. 28/97.2. It is the case of the complainant petitioner that under the impugned order the learned trial Court had rejected application under Section 319 Cr. P.C. for not taking cognizance against principal accused Bane Singh in FIR No. 14/97 for offences under Sections 147, 148, 149, 323, 341, 326 and 302 IPC, registered at PS Surot (Karauli) and that apart, though final report had been submitted by the police on 4.5.2000 before the CJM Hindaun City but no order in...
Rajasthan State Road Transport Corporation Vs. Smt. Saroj and ors.
Court: Rajasthan
Decided on: Jan-02-2001
Reported in: 1(2002)ACC14
J.C. Verma, J.1. The present misc. appeal has been preferred challenging the award dated 24.6.1999 passed by Motor Accident Claims Tribunal, Jaipur in MACT Case No. 1917/1997 whereby the claimants have been awarded the compensation of Rs. 4,18,000/-.2. The claimants i.e. mother and unmarried sisters of the deceased Udai Bhan Sharma have been awarded the compensation on account of death of Udai Bhmt Sharma in the accident occurred on 24.11.1997 when the bus of the Corporation No. RJ-02/P-253 crushed the deceased Udai Bhan Sharma when he was driving the scooter on his side. He is said to be 21 years of age and was working as Class-IV employee in State Bank of Bikaner and Jaipur and was drawing the salary Rs. 2,997.98 per month. It was the case of the claimants that the deceased only was the earning member in the family as his father had already died. Three sisters of deceased were still to be married and because of the death of deceased whole of the family has been left destitute.3. Afte...
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