Rajasthan Court March 2002 Judgments
State of Rajasthan and anr. Vs. Rajendra Samaria and anr.
Court: Rajasthan
Decided on: Mar-21-2002
Reported in: [2002(94)FLR411]; (2002)IIILLJ426Raj; 2002WLC(Raj)UC457
Rajesh Balia, J.1. Heard learned counsel for the parties.2. The respondent workman filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 alleging that he has been appointed as a Class IV Servant by the Deputy Chief Medical and Health Officer on August 1, 1988 at Rs. 700 per month with usual allowances admissible under the Rules in the pay scale of Rs. 700 to 865 for a period of six months. He further alleged that he is continuing in the service and that he has not been paid an salary since the date of his appointment and asked for quantification of the amount payable to him from August 1, 1988 to December 31, 1989. The application was made on January 2, 1990. In the application, the Chief Medical and Health Officer, and Deputy Chief Medical and Health Officer were made parties.3. It appears that at initial Stage, the representative of the respondents appeared in the Court after the notices were served on them before April 16, 1990. After April 26, 1990, it app...
Tag this Judgment!JaIn Pictures Vs. Supra Films and anr.
Court: Rajasthan
Decided on: Mar-21-2002
Reported in: 2003(3)ARBLR44(Raj); RLW2003(2)Raj1283; 2002(4)WLC35; 2002(4)WLN547
Mathur, J. 1. At the instance of plaintiff appellant this Special Appeal under Section 18 of the Rajasthan High Court Ordinance is directed against the judgment of the learned Single Judge dated 9.9.1985 upholding finding of the trial court on the preliminary issue, as to maintainability of suit being barred by the provisions of Section 32 of the Arbitration Act. 2. The material facts relevant for the disposal of this special appeal, briefly stated, are that the defendant M/s. Supra Films had produced the Picture 'JYOT JALE' and entered into an agreement regarding the said Picture with the plaintiff M/s. Jain Pictures on 12.9.1968 for exhibition in Central India. It is averred that there is an association of Indian Motion Pictures Producers. (Shortly known as IMPPA). There is another association named as Central Circle Cine Association of which the Exhibitors and Distributors of the pictures are members, (shortly known as CCCA). As per the agreement between the parties any dispute betw...
Tag this Judgment!Cwt Vs. Tulsi Dass
Court: Rajasthan
Decided on: Mar-21-2002
Reported in: (2002)174CTR(Raj)436
P.P. Naolekar, J.Following questions of law have been referred to the High Court under section 27(1) of the Wealth Tax Act, 1957 (hereinafter referred to as 'the Act of 1957') :'1. Whether on the facts and in the circumstances of the case the Tribunal was justified in law in holding that the valuation reported was non est and should not have been taken note of the present assessment ?2. Whether on the facts and in the circumstances of the case the Tribunal was justified in law in holding that a partner was entitled to claim deduction under section 5(1)(iv) of the Wealth Tax Act in respect of his interest in a firm which owned immovable properties ?'2. Facts, in brief, relevant for the purpose, of answering the questions are that Shri Tulsi Dass (hereinafter shall be referred to as 'the assessee') is a partner in M/s Gopal Talkies, Alwar, a partnership firm. The assessee-submitted return of his properties before the Wealth Tax Officer and shown the credit balance in M/s Gopal Talkies, A...
Tag this Judgment!Hari Mohan Sharma Vs. Prabhulal Karsolia
Court: Rajasthan
Decided on: Mar-20-2002
Reported in: AIR2002Raj293; 2001(1)WLC709
Ashok Parihar, J. 1. Legislative Assembly elections, including Nainwa Assembly Constituency of the Rajasthan Vidhan Sabha, were held in the month of November, 1998. As per the programme notified by the Election Commission, nomination papers were to be filed upto 3.00 P.M. of 6.11.1998. Scrutiny of the nomination papers was to takeplace on 7.11.1998. The last date for withdrawal of candidature was 9.11.1998. The election (polling) took place on 25.11.1998 and the results were declared on 28.11.1998. Respondent, Mr. Prabhulal Karsolia, was declared elected defeating his nearest rival Mr. Hari Mohan Sharma, the petitioner, by 6335 votes.2. The present election petition has been filed by the petitioner mainly on the ground of improper rejection of the nomination paper of one Mr. Mahendra Singh Gurjar. The petitioner filed his nomination paper as a candidate of the Indian National Congress, a registered and recognised political party. The respondent filed his nomination paper as a candidate...
Tag this Judgment!Pujya Sindhi Panchayat Vs. Prof. C.L. Mishra and ors.
Court: Rajasthan
Decided on: Mar-20-2002
Reported in: AIR2002Raj274; 2002(3)WLC255
Sunil Kumar Garg, J. 1. This review petition has been filed by Pujya Sindhi Panchayat (hereinafter referred 1:0 as 'the petitioner-Society') with the prayer that the judgment dated 8th May, 2000 passed by the Division Bench of this Court in D.B. Civil Writ Petition No. 6051/97 filed by Prof. C.L. Mishra (respondent no. 1 in this review petition) be reviewed. 2. It arises in the following circumstances: Prof. C.L.Mishra (respondent no. 1 in this review petition) addressed a letter to Hon'bleChief Justice M.G. Mukherjee (as he then was) on 4-11-1997 stating inter alia that in Malviya Nagar in Sector No.3 behind Sabzi Mandi adjacent to Bagla Mukhi SadhnaKendra. two residents of Malviya Nagar, namely. Shyam Lal Gulani and Hargun Dass Motwani, who are respondents No. 5 and 6 respectively in this review petition, were constructing building on 1000 sq. yards plot left for park without any site plan or allot ment. It was farther alleged in that letter that the respondents No. 5 and 6 of this r...
Tag this Judgment!Karan Singh Tak Vs. Alka Kala and ors.
Court: Rajasthan
Decided on: Mar-20-2002
Reported in: 2002(5)WLN103
Madan, J. 1. This is a petition under Section 12 of the Contempt of Courts Act, praying for direction to the respondents to implement order dated 4.3.1997 of this Court in CWP No. 788/93 and also to initiate contempt proceedings against the respondents so as to punish them for committing contempt of this Court.2. Proceedings were ordered on 29.5.1997 by issuing show cause notice to the respondents and the notices were issued by the Registry and got served on 3.7.97. Reply to the show cause notice in this contempt petition was filed by the respondents on 8.8.97, followed by additional affidavits whenever sought to be filed in reply to the affidavits & applications filed by the petitioner.3. Shri R.A. Katta learned counsel for the petitioner contended that the orders of this Court either in CWP No. 788/93 or in this contempt petition have been disobeyed by the respondents because despite the direction of this Court and having demanded some material documents as mentioned in letter/notice...
Tag this Judgment!Ashapura Vikas Samiti and anr. Vs. State and ors.
Court: Rajasthan
Decided on: Mar-20-2002
Reported in: 2002(5)WLC361; 2002(5)WLN107
Madan, J. 1. The case of the petitioner i.e. Ashapura Vikas Samiti for short the 'Samiti' is that it is a registered society under the provisions of the Registration of Societies Act, 1958. The said Samiti has been formed by the members of the Anand Bhawan Nirman Sahaka'ri Samiti Ltd. Jaipur i.e. respondent No. 5 having 237 members which was formed with a view to safeguard the interest of its members and for development of the colony. All the aforesaid members are having the residential plots in the scheme known as 'Ashapura Scheme' of respondent No. 5. 2. It is further the case of the Samiti that it is in possession of the land in dispute and the patta thereof was also issued to its members by respondent No. 5 which fact is apparent from Schedule-A on the record. The Samiti is existing in Khasra Nos. 84 to 90, 124 min, 125 to 36, 137 min, 138 min, 139 to 143 and 151 to 154 in total measuring 48 Bighas 2 Biswas situated in village Bhojpura, Tehsil, Distt. Jaipur which is popularly know...
Tag this Judgment!Ashok Raghuvanshi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-20-2002
Reported in: RLW2003(1)Raj52; 2002(3)WLC504
Sharma, J. 1. The accused appellant Ashok Raghuvanshi (for short the accused) was indicated before the learned Sessions Judge Jaipur District in Sessions Case No. 6/94 for having committed murder of his wife Rajni and daughter Harshita. The learned Sessions Judge after finding the accused guilty convicted and sentenced him vide judgment dated December 14, 1995 as under-U/s.302 IPCtoundergo imprisonment for life and fine of Rs. 100/- in default to furthersuffer one month imprisonmentU/s.203 IPCtosuffer six months RI.The sentences were directed to run concurrently.Against the judgment of conviction that the action for filing the instant appeal has been initiated by the accused. The State of Rajasthan sought enhancement of sentence by filing a separate appeal.2. The prosecution case as unfolded during the trial may be briefly stated thus-(i) On the basis of written report Ex. P.1, submitted by the accused himself FIR No. 319/93 was registered at Police Station Sanganer on September 6, 199...
Tag this Judgment!Smt. Sudhanarayan Vs. Prem Phutela
Court: Rajasthan
Decided on: Mar-20-2002
Reported in: RLW2003(2)Raj1328; 2002(4)WLC555; 2002(5)WLN681
Garg, J. 1. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner-Smt. Sudhanarayaw (hereinafter referred to as the parly No. 2) against me respondent-Prem Phuleia (hereinafter referred to as the party No. 1) challenging Additional Sessions Judge No. 1, Sri Ganganagar in Criminal Revision No. 53/2000 whereby he dismissed the revision petition of the party No. 2 and upheld the order dated 23.3.2000 passed by the learned Additional District Magistrate (City), Sri Ganganagar in Case No. 736/99 pertaining to the proceedings under Section 133 Cr.P.C., by which the learned Additional District Magistrate (City) ordered that the house in question be demolished. 2. It arises in the following circumstances:- The party No. 1 Prem Phultela filed an application dated 5.8.1999 before the learned Collector, Sri Ganganagar purporting to be under Section 133 Cr.P.C. stating inter-alia that there is a Nohra No. 33 situated in Purani Dhan Mandi, Sadar Bazar, Sri Ganganag...
Tag this Judgment!Madanlal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-20-2002
Reported in: RLW2003(2)Raj1006; 2002(3)WLN674
Garg, J. 1. This revision petition has been filed by the complainant-petitioner against the order dated 31.8.2000 passed by the learned Judicial Magistrate 1st Class, Bar, Dist. Pali in criminal Case No. 347/96 by which the learned Magistrate after hearing the arguments on charge discharged the accused respondents No. 2 and 3 for offences under Sections 467, 468, 471 and 120-B I.P.C.2. It arises in the following circumstances:On 8.6.96, the petitioner Madan Lal lodged a written report with the Police Station, Raipur, Dist. Pali inter alia stating that on 4.6.96 when he was present at the first floor of his house situated on Pali road, at that time, the accused respondents Om Prakash and Madhuram came there and started throwing all the articles outside from his hut and tried to encroach on the plot of the complainant-petitioner. It was further stated in the report that accused respondent Om Prakash and Madhuram further told him that they were having patta of that plot since 1982, upon t...
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