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Rajasthan Court December 2001 Judgments

Dec 20 2001

Orbital International Ltd. and anr. Vs. Rajasthan State Industrial Dev ...

Court: Rajasthan

Decided on: Dec-20-2001

Reported in: 2002(5)WLC619

Madan, J. 1. The petitioners (M/s. Orbital International Ltd. & its Director & Share Holder Vivek Vasisth) have prefer this petition seeking a writ of mandamus to direct the respondents (Rajasthan State Industrial Development & Investment Corporation Ltd. (RIICO) & Bhiwadi Industrial Development Authority) to transfer the land bearing No. A-1 133, Phase III, Bhiwadi in their favour. 2. Facts though complexed by the parties but are shorn in details are epitomised for the relevance of disposal of this petition. Admittedly M/s. Opera House Exports Ltd. was allotted an industrial plot No. A-1133, measuring 10000 sq. mtrs. in Phase 111 of RIICO industrial Area, Bhiwadi (Rajasthan) (for brevity 'the plot') by the respondents on 21.02.1992 and that apart, pursuant thereto, a lease agreement (Ann.A) was executed on 27.03.1995 by respondent No. 1 (for short 'RIICO') in favour of M/s Opera House Export Ltd. for the plot. Similarly, M/s. Opera House Export Ltd. admittedly upon its application for...

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Dec 19 2001

Satya NaraIn JaIn Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Dec-19-2001

Reported in: RLW2003(1)Raj345

Misra, J.1. The petitioner-herein has sought a direction for issuance of a writ or any other direction that he should be granted semi permanent status as a Store-Munshi and all arrears of salary for the post of Store-Munshi should be paid to him.2. Admittedly, the petitioner had been appointed as a Beldar on daily wages and his services were terminated after which a reference was initiated in regard to his termination which was referred to the Labour Court for adjudication of the dispute as to whether his termination was legal or illegal. The petitioner succeeded before the Labour Court and an award was passed in his favour that his termination from the post of Beldar was not in consonance with the provisions of the Industrial Disputes Act, 1947 and hence he was reinstated in service as Beldar. This award was challenged by the respondents before the learned Single Judge of this High Court which was heard by the ten Acting Chief Justice Shri M.G. Mukherjee. His Lordship while upholding ...

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Dec 19 2001

Ramswaroop Vs. Rameshwarlal and ors.

Court: Rajasthan

Decided on: Dec-19-2001

Reported in: RLW2003(3)Raj1524; 2002(4)WLN576

Tatia, J.1. Heard learned counsel for the appellant as well as learned counsel for the respondents.2. This is an appeal against the judgment and decree dated 22nd Sept. 1997 passed by the learned Addl. District Judge No. 1, Jodhpur in Civil Original Suit No. 11/94 by which the learned trial court decreed the plaintiff's suit for partition by passing preliminary decree holding that plaintiff and defendant No. 1 and 2 each is having 6/20th share in the disputed property whereas defendants No. 3 and 4 are having 1/20th share each in the property.3. The appellant has challenged the allocation of share in the property by the trial court only on the ground that as per the provisions of Section 6 of the Hindu Succession Act, the admitted position is that the property in dispute was belonging to deceased Radhakishan, who belonging to deceased Radhakishan, who died long ago and Munilal, the son of Radhakishan, died on 7.2.82 at Jodhpur. The plaintiff and defendant No. 1 are the two sons of dece...

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Dec 19 2001

Ram Pyari and ors. Vs. Board of Revenue and ors.

Court: Rajasthan

Decided on: Dec-19-2001

Reported in: 2002(5)WLC194; 2002(5)WLN217

Bhagwati Prasad, J.1. In this writ petition, the petitioners has raised questions regarding the validity of initiation of proceedings under Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short the Act of 1973'), Rajasthan Tenancy Act, 1955 Chapter III-B (Old Ceiling Law) (for short 'the Act of 1955') and the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1963 (for short 'the Rules of 1963').2. According to the petitioners, proceedings against Shri Sanwar Lal Mansinghka and his wife Smt. Ram Pyari one of the petitioners alongwith legal representatives of Sanwarmal were initiated in Ceiling Case No. 19/1973. These proceedings were decided by the then Authorised Officer by the judgment dt. 2.12.1975. It was held by the Authorised Officer that Sanwarmal was holding following lands :-______________________________________________________________S. Name of Village Measurement_______________________________________No. Bighas Acres Standard Acres______...

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Dec 18 2001

Sajjan Raj Surana Vs. Jaipur Vidyut Nigam Ltd. and Its Aen

Court: Rajasthan

Decided on: Dec-18-2001

Reported in: AIR2002Raj109; 2002(2)WLC182

Madam, J.1. Shorn in details the facts giving rise to this second appeal are that Sajjan Raj Surana (plaintiff appellant) instituted a civil suit for permanent injunction with the averments inter alia that he has been practicing advocate not only in the subordinate courts but also before this Court; he had taken electric connection from erstwhile Rajasthan State Electricity Board (RSEB) (now substituted as Jaipur Vidyut Vitran Nigam Ltd. Jaipur) bearing Account No. 28A/112-4 Zone III for his rented premises in a residential building known as Rahim Manzll, M.I. Road Jaipur, where his office cum chamber is established. His case in the plaint was that being an advocate by his profession he is not indulged in any commercial activities to the suit premises but the defendant (RSEB) charged for electric connection to his chamber as a commercial establishment whereas at that time, domestic charges was 59P. as against commercial one at Rs. 1.05, per unit.2. In written statement, the defendant (...

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Dec 18 2001

Banwari Lal Mandiwal Vs. the Controller of Examinations and anr.

Court: Rajasthan

Decided on: Dec-18-2001

Reported in: 2002(5)WLC514

Madan, J. 1. The short case of the petitioner is that he is a student of first year B.Sc. (Agriculture) Honours of the four year degree course in S.K.N. College of Agriculture, Jobner. He has cleared the first semester with 6.07 grade point as per the mark sheet vide Annexure-1 dt. 13.8.2001. His further case is that on 2.7.2001 while he was attempting first year B.Sc. Agriculture (Hons.) II Semester 2000-2001 examination of 'Elements of Genetics' paper with Roll No. 554, he was found using unfair means and having been caught by the Invigilator on duty, he was debarred from appearing. The petitioner received a show cause notice dt. 3.7.2001 from respondent No. 1 calling from his reply/explanation as to why punishment as per the norms be not imposed upon him. In pursuance of the show cause notice, petitioner appeared before the Committee on 17.7.2001 at 11.30A.M. and submitted his reply wherein, he clarified that there was no intention on his part to use unfair means and it was due to b...

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Dec 15 2001

Lrs. of Kishan Chand Sindhi Vs. Sohan Lal and ors.

Court: Rajasthan

Decided on: Dec-15-2001

Reported in: RLW2003(1)Raj11; 2002(5)WLC823; 2002(5)WLN229

Misra, J.1. The defendants-petitioners appear to have filed an application before the trial court in a suit filed against them for declaration of title to certain immovable property on the basis of certain sale-deed which the plaintiffs- respondents claimed was executed in their favour by mortgagor of that property who had earlier mortgaged it to the defendants- respondents. While one of the witnesses of the plaintiffs was examined before the trial court, the defendants-petitioners herein filed an application that the document which is the sale deed, relied upon by the plaintiffs witness should be directed to be produced in the court below alongwith the map but the said application has been rejected by the trial court assigning cogent reasons therein. 2. Having perused them as also after hearing the counsel for the parties, it is apparent that the defendants-petitioners are seeking to contest the case of the plaintiffs-respondents by challenging the genuineness of the sale deed since t...

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Dec 15 2001

Mool Chand Yadav Vs. Union of India (Uoi)

Court: Rajasthan

Decided on: Dec-15-2001

Reported in: 2002(5)WLN486

M.R. Calla, J.1. The petitioner herein was working as a Head Booking Clerk at Ajmer in the year 1985. He was subjected to a Disciplinary Enquiry under Rule 18 of the Railway Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as the Rules of 1968) on the charges for issue of Printed Card Tickets instead of showing the tickets in the concessional forms o 4 physically handicapped persons and their companions. The Enquiry Officer found the charges to be proved and, on that basis, the Disciplinary Authority passed an order dated 1.12.1988 imposing penalty of removal from service against him. Against this order dated 1.2.1988, he preferred an appeal. The Appellate Authority passed order dated 26.5.1989 imposing the penalty of reducing him to the start of next lower grade for a period of 5 years with future effect i.e. postponing the future increments and affecting his seniority and the intervening period was treated as 'not spent on duty'. The Chief Commercial Superintende...

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Dec 15 2001

Moola and ors. Vs. Board of Revenue and ors.

Court: Rajasthan

Decided on: Dec-15-2001

Reported in: 2002(5)WLC481; 2003(1)WLN249

Arun Madan, J.1. The petitioners by this petition under Articles 226 & 227 of the Constitution of India have sought a writ in the nature of certiorari or any other appropriate order for quashing the judgment dt. 17.7.1986 passed by the Board of Revenue as well as the judgment dt. 5.11.1984 passed by the Assistant Collector, Bhinmal and that the suit filed by the petitioner should be decreed.2. Facts relevant for disposal of this petition are epitomised. The petitioners' predecessor in title Taja (since deceased), who was father of petitioner Nos. 1 to 4 and 6 to 10 and husband of petitioner No. 5, filed a suit on 21st April, 1975 in the Court of Assistant Collector, Bhinmal for declaration of Khatedari rights in respect of agriculture land measuring 16 bighas of Khasra No. 366 situated in village Bhadvi, Tehsil Bhinmal, District Jalore. The total area of the land bearing Khasra No. 366 is 112-3 Bighas. The plaintiff Taja's case was that 16 bighas of land lying on the northern side out ...

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Dec 14 2001

J.P. Joshi Vs. Jai NaraIn Vyas University and ors.

Court: Rajasthan

Decided on: Dec-14-2001

Reported in: RLW2003(3)Raj1489; 2002(2)WLC27; 2002(4)WLN698

J.C. Verma, J. 1. The petitioner is a practising lawyer at Jodhpur and had been conducting the cases of the respondent Jai Narain Vyas University, Jodhpur (here-in-after referred to as the University).2. It is stated that the petitioner was approached by the University for conducting the cases in the High Court which the petitioner successfully conducted and the decisions were even upheld upto the Su-, preme Court. The petitioner submits that because of his being very busy lawyer, he had very clearly informed the University that he will only be able to do the important cases and that also on the terms and conditions to be negotiated. The Registrar of the University had persuaded the petitioner to conduct the cases with minimum fee of Rs. 5500/- per case but if the nature of the cases so requires, or more complicated points are involved, the fee shall go right upto Rs. 11,000/- to Rs. 15,000/- per case. This understanding was agreed to and the petitioner was actually paid fee for some o...

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