Rajasthan Court March 2002 Judgments
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District Animal Husbandry Officer and anr. Vs. Judge, Labour Court and ...
Court: Rajasthan
Decided on: Mar-05-2002
Reported in: [2003(96)FLR532]; 2002(5)WLC55; 2002(5)WLN126
Madan, J.1. With the consent of both the learned counsel for the parties, the writ petition has been heard finally at the order stage itself while considering the application under Section 17B of the Industrial Disputes Act, 1947 (for short 'the Act'), is being disposed of by this order.2. It is a clear case of contractual appointment, where services of the respondent-workman were terminated on expiry of the contract period. From the recital of the agreement between the parties, it was made very clear to the respondents-workman that on the expiry of six months period to which he had agreed and accepted, unless mutually extended, the term would automatically come to an end. It has not been disputed by the parties that no further extension was given after the expiry of fixed term appointment. This being the admitted position, the question of applicability of the provisions of Section 25F of the Act does not arise. The learned Tribunal had grossly overlooked this aspect of the matter whil...
Polar Phyarma India Limited Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Mar-05-2002
Reported in: 2002(2)WLC518
Sharma, J.1. Prayer of the petitioner in the instant writ petition is as under:(i) to quash and set aside the order dated Feb. 2, 2002 whereby the supply order dated January 16, 2002 was withdrawn. (ii) to issue a writ of mandamus to restore the order dated January 16, 2002 with a direction to allow the petitioner firm to supply 44.4 million pieces of Nirodh (condom) at different 32 centres as per. the communication dated January 22, 2002. (in) to restrain the respondents 3 and 4 from placing any order to any other firm. 2. Admittedly no notice for demand of justice was served by the petitioner before filing of the writ petition.3. A writ of mandamus is controlled by equitable principles. It is of very ancient origin, dating back to the time of Edward II. The term 'mandamus' seems gradually to have been confined in its application to the judicial writ issued by the King's Bench, which has by steady growth developed into the writs of mandamus. It is a high prerogative writ and is grante...
Bheru Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-05-2002
Reported in: RLW2003(2)Raj1056
Sharma, J. 1. This criminal appeal by accused appellant Bheru Lal has been preferred against the judgment and order dated March 16, 1999 passed by the learned Special Judge, NDPS Cases and Additional Sessions Judge, Ramganj-Mandi, District Kota by which he has convicted the accused appellant under Section 8/18 of the Narcotic Drugs and Pshychotropic Substances Act, 1985 (hereinafter to be referred as 'the Act') and sentencing him to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/-, in default of payment of fine, to further undergo 2 & 1/2 years simple imprisonment. 2. Succinctly stated the contextual facts of the case are that on March 18, 1998 at;4.00 PM, a Preventive Party under the leadership of PW.4 Suresh Kishnani, Assistant Commissioner, Narcotics, Kota reached village, Bholu for the purpose of getting preliminary weight of the opium produced by the cultivators for the crop year 1997-98. During process, accused Bheru Lal produced opium weighing 4 kg cultiv...
Usman Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-05-2002
Reported in: RLW2003(3)Raj1706
Goyal, J. 1. This appeal is directed against the judgment dated 28.1.1998, passed by learned Additional Sessions Judge, Deeg, District Bharatpur, in Sessions Case No. 47/95, whereby the accused appellant was convicted and sentenced under Section 302 IPC to undergo life imprisonment and a fine of Rs. 1,000/- in default to further undergo six months imprisonment. 2. The prosecution story, in brief is that one Subddin, resident of Kheri-Alimuddin, accompanied with 3-4 persons informed at Police Station Zurhara, District Bharatpur at about 4 a.m. on 13.6.1995 that Usman Mave had killed his wife by strangulation. This oral information was recorded in Rojnamcha which-is Ex.P.8. On receiving this information, S.H.O. Police Station Zurhara proceeded to village Kheri Alimuddin where P.W.5 Zor Mohammed (father of deceased Mst. Haleema) submitted a written report Ex.P.2 at about 6 a.m. on 13.6.1995 with the averments that at about 11 p.m. in the night Subddin came to his village Ranika and inform...
Nand Construction Company Vs. the Regional Manager Oriental Insurance ...
Court: Rajasthan
Decided on: Mar-04-2002
Reported in: II(2002)ACC697; 2004ACJ835; AIR2002Raj272; 2002(2)WLC679; 2002(5)WLN544
Sharma, J.1. Ordinarily High Court does not entertain the writ petition filed under Article 226 of the Constitution of India for mere enforcement of a claim under a contract of insurance. But where the writ petition is filed in a case where an insurer has repudiated the claim, 'the High Court has to consider the facts and circumstances of the case, the nature of the dispute raised and the nature of the inquiry necessary to be made for determination of the question raised and other relevant factors before taking a decision whether it should entertain the writ petition or reject it as not maintainable. It has also to be kept in mind that in case an insured or nominee of the deceased insured is refused relief merely on the ground that the claim relates to contractual rights and obligations and he/she is driven to a long drawn litigation in the civil court it will cause serious prejudice to the claimant other beneficiaries of the policy. The pros and cons of the matter in the contest of th...
Champa Lal Chopra Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-04-2002
Reported in: [2002]257ITR74(Raj)
N.N. Mathur, J.1. This special appeal is directed against the judgment of the learned single judge dated May 7, 1986, whereby the learned single judge has set aside the order of the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'), dated October 15, 1985, granting the application of the assessee under Section 254(2) of the Income-tax Act, 1961, for rectification of mistake.2. The facts giving rise to the instant appeal are that a survey was conducted in the premises of the assessee, namely, Champalal, the karta of a Hindu undivided family, under Section 133A on August 18, 1979. The Income-tax Officer after investigation assessed the income of the assessee and made an addition of Rs. 80,000 in the income for the assessment year 1978-79. The appeal against the said order of assessment was dismissed by the Appellate Assistant Commissioner. On further appeal, the Tribunal dismissed the same by order dated July 26, 1984.3. The respondent, asses...
Gurudev Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-04-2002
Reported in: 2003CriLJ552; RLW2003(1)Raj146; 2002(2)WLC710
Sharma, J.1. These three appeals, one by appellant Gurdev Singh in representative capacity, another by Sajjan Singh and Mangi @ Man Singh through, Superintendent, District Jail Alwar and yet another by appellant Mangi @ Man Singh in representative capacity arise out of the judgment and order dated 28.4.2000 passed by the Additional Sessions Judge, Kishangarh- bas, district-Alwar. Since all these appeals arise out of one and the same judgment dated 28.4.2000 in same Sessions Case No. 56/88, they are being disposed of by this common judgment.2. Succintly stated the facts of the prosecution case are that on 13.3.1990 at 6.30 AM, PW-2 Nahar Singh lodged a report Ex.P2 at Police Station, Tijara with regard to an incident happened at 8 PM on 12.3.98 a day prior to the lodging of the report. As per the report, PW-2 Nahar Singh and Jai Singh Jat had gone to village Sahabad for purchasing buffalow on 12.3.98 at 8 PM. The purchase was to be made by Jai Singh. Both reached the house of Harbansh R...
T.N. Dhar Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-01-2002
Reported in: 2002(2)WLC694; 2002(5)WLN149
Sharma, J.1. The petitioner claiming to be a Freedom Fighter, in the instant writ petition, seeks the following relief:(a) the respondents be directed to release Freedom Fighters Pension payable to the petitioner.(b) the respondents be directed to pay the arrears of pension payable to the petitioner with effect from December 15, 1981 along with interest @ 18 per cent per annum,2. As per the facts depict in the writ petition the petitioner had participated in the Freedom movement of India during the British regime. The petitioner remained in Jail during 1946-1947. In June 1946 during lathi charge by Police at Domel Bridge in Srinagar, the petitioner sustained fracture on his foot. The petitioner remained in Jail in September 1942 and onwards at Srinagar and Kargil. These facts have been verified by Shri Sheikh Mohammed Abdullah, the then Chief Minister of Jammu and Kashmir State on the basis of record and on verification of Mohalla Committee President and Secretary. The certificate was ...
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