Rajasthan Court May 2002 Judgments
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Ladu Ram Jat Vs. C.J. (S.D.) C.J.M. and ors.
Court: Rajasthan
Decided on: May-17-2002
Reported in: RLW2003(2)Raj993; 2002(3)WLC555
Rathore, J. 1. For conducting the elections of Gram Panchayat, State of Rajaslhan has issued a notification dated 11th January, 2000 and in pursuance of the notification dated 11th January, 2000, the election of the Sarpanch Gram Panchayat Jatwada was held on 31.1.20,00.2. The petitioner was declared elected as Sarpanch of the Gram Panchayat Jatwada on 31.1.2000 itself.3. The petitioner submitted his nomination paper before the Returning Officer, Jatwara Panchayat Circle for contesting the election of Sarpanch of Gram Panchayat Jatwara. At the time of submission of nomination paper, nobody has objected his candidature and the petitioner has contested the election of Sarpanch Gram Panchayat Jatwada and was duly declared elected as Sarpanch of Gram Panchayat Jalwada as the petitioner got the highest votes, The certificate to this effect was also issued on 31 st January, 2000 by the Election Office.4. The defeated candidate Shri Ladu Ram-respondent No. 2 filed an election petition before ...
Jagdish Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-17-2002
Reported in: RLW2003(2)Raj990
Kumar, C.J. 1. The case of the petitioner in this petition is that his mother Smt. Shanti was in Government service as a Sweeper (Class IV employee). She was working for the Municipal Board, Bhinmal. She was a permanent employee working with Municipal Board, Bhinmal. She died on 5th July 1993 while in service. On her death the petitioner applied for job as a Sweeper in accordance with the provisions of the Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (hereinafter referred to as the Rules'). This application was made on 18th August, 1993.2. The petitioner also filed an affidavit dated 28th August, 1993 stating that his mother Shanti was a permanent employee of respondent No. 2 on the post of Sweeper, she died on 5th July, 1993. Shanti had left behind four children, including the petitioner. The petitioner alone was living with Shanti at the time of her death and other children had separated during the lifetime of Shanti. The other childr...
Des Raj Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-17-2002
Reported in: RLW2003(2)Raj1392; 2002(4)WLC55; 2002(4)WLN497
Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 4.9.92 with a prayer that by an appropriate writ, order or direction, the respondents be directed to grant pensionary benefit to the petitioner with effect from 1.9.78 and respondents be further directed to pay pension to the petitioner in further months by month in accordance with the provisions of Rajasthan Service Rules with the benefit of commutation of pension etc.2. It arises in the following circumstances:- i) The petitioner was appointed as Cattle Pound Clerk on 17.2.53 with the respondent No. 3. The petitioner retired as Asstt. Revenue Inspector vide order dtd. 9.8.78 issued by the Executive Officer of respondent No. 3. For convenience the service history of the petitioner is quoted hereunder: Date of birth 2.8.23Date of appointment & post on 17.2.53which first appointed Cattle pound clerkDate of Retirement 31.8.78 ii) The petitioner after re...
Sushma Saxena (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-17-2002
Reported in: RLW2003(3)Raj1636; 2002(5)WLN535
Garg, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 17.7.1992 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be restrained from holding interviews and appointing a Librarian for the post which the petitioner is holding i.e. for the post of Librarian Gr.II at Shri Ganga Sadul Rajkiya Acharya Sanskrit College, Bikaner and the respondents may further be directed to pay the petitioner salary of the post of Librarian Gr. II since her appointment etc. etc.2. It arises in the following circumstances:The respondent No. 3 Shri Ganga Sadul Rajkiya Acharya Sanskrit College was formerly a private aided Institution and the petitioner joined its services on the post of Librarian on joined its services on the post of Librarian on joined its services on the post of Librarian on 11th September, 1976. It was taken over by the Government of Rajasthan on 1st July, 1981 through the Rajasth...
Krishan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-17-2002
Reported in: 2002(4)WLC179; 2002(4)WLN533
Prakash Tatia, J.1. The appellant has preferred this appeal under Section 18 of the Rajasthan High Court Ordinance challenging the judgment and order of this Court dated 23.5.1997 by which the learned Single Judge dismissed the writ petition of the petitioner.2. Brief facts of the case are that petitioner was posted as Naib Tehsildar at Bilara. The memorandum dated 24.8.1981 was served upon the petitioner informing him that it is proposed to hold enquiry under Section 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules') on the charges mentioned in the statement of charge. The petitioner submitted reply on 24.9.1981. The Additional District Magistrate, Jodhpur submitted enquiry report which is placed on record as Annex. 7. Thereafter, a show cause notice dated 5.12.1986 was served upon the petitioner informing the petitioner that, after consideration of the enquiry report, it is proposed that it is a case of major punishment, theref...
LaxminaraIn Vs. Smt. Sona Devi and anr.
Court: Rajasthan
Decided on: May-17-2002
Reported in: 2003(3)WLN666
H.R. Panwar, J.1. This appeal is directed against the judgment and award dated 15.12.2000 passed by learned Motor Accident Claims Tribunal, Churu (hereinafter referred to as 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 39,000/- in favour of respondent claimant Sona Devi (for short 'the claimant') and against appellant. However, respondent No. 2 National Insurance Company Limited (for short 'the Insurance Company') was exonerated from liability and claim against the Insurance Company was dismissed.2. Briefly stated facts to the extent they are relevant and necessary for decision of this appeal are that on 4.4.2000 at about 10.00 A.M. while the claimant was coming to her house from Tatiyon Ka Kuwa after selling items, she was hit by a tempo bearing No. RS-10-1P-2721, which was driven and owned by the appellant Laxmi Narain. The said tempo was driven at a great speed, rashly and negligently by the appellant. Due to this accident, the claimant sustained injuries on righ...
Multimetals Ltd. Vs. K.L. Jolly Through L. Rs.
Court: Rajasthan
Decided on: May-16-2002
Reported in: AIR2003Raj8; RLW2003(2)Raj1111; 2002(5)WLC247
Arun Madan, J.1. The appellant M/s. Multimetals Ltd. by way of this appeal has challenged the impugned judgment and decree dt. 2-5-1997 of ADJ No. 4, Kota in Civil Suit No. 5/96 (titled as K.L, Jolly through his L.Rs. v. Multimetals Ltd., Kota} on the grounds inter-alia that the respondents (hereinafter referred to as 'the plaintiffs') had instituted a suit against the appellant (hereinafter referred to as 'the defendant') praying therein for a decree of Rs. 4,38,938/-seeking possession of the machineries as per details furnished in Annexure-1 to the plaint or alternatively reimbursing the cost to the tune of Rs. 39,000/- being the cost of the machinery.2. The further case of the appellant is that a contract was executed between the parties to the suit on 7-12-1977 for construction of a new shed in the premises of the defendant. As per the averments of the plaint, the duration of contract was up to 6-10-1978. The plaintiff had to execute the construction work on the instructions of the...
Global Granimarmo Ltd. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-16-2002
Reported in: RLW2003(2)Raj1267; 2003(1)WLC141; 2002(5)WLN662
Prasad, J.1. Heard.2. The petitioner in this writ petition is a company trading in marble and granite. The petitioner had applied for availing the benefit of Sales Tax Incentive under the Sales Tax Incentive Scheme 1987 (hereinafter referred to as 'the Incentive scheme'. The petioner was granted the benefit of incentive as admissible under the Scheme of 1987 with effect from 1.1.89 by the District Screening Committee, Sirohi. A certificate to this effect was issued to the petitioner, the copy of which has been produced and marked as Annexure-1.3. The incentive was for the period of seven years to the tune of Rs. 141 lacs. According to the petitioner, the company was an export oriented unit running well and utilized its potential and the production capacity to its optimum until 1998. But thereafter due to reasons beyond the control of the Company, the production of the project was closed. The petitioner assessed the reasons for closure of the unit as increased cost of interest due to de...
Balwan Singh Punia Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-16-2002
Reported in: [2003(96)FLR730]; RLW2003(3)Raj1668; 2002(4)WLC335; 2002(5)WLN696
Garg, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 5.2.92 with a prayer that the order dated 28.10.91 (Annex. 4) passed by the Director, Sanskrit Education, Jaipur imposing the penalty of withholding of one grade increment with cumulative effect as also the recovery of the amount of advance as a measure of penalty be quashed and the petitioner be exonerated of the charges levelled against him.2. It arises in the following circumstances: (i) The petitioner was appointed as a teacher on 3.9.86 by the Director, Sanskrit Education, Rajasthan Jaipur and was posted at Ratangarh in Government Upper Primary School, Ratangarh and thereafter in July, 1987 he was transferred to the Government Upper Primary Sanskrit School, Bebar (Churu). (ii) While posted at Ratangarh, the petitioner was served with a memorandum along with a charge-sheet and statement of allegations on 13.2.1987. The first charge related to in...
Zila Jat Mahasabha Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-15-2002
Reported in: AIR2003Raj26
1. Heard learned counsel for the petitioner, perused the memo of writ petition. This writ petition is in the form of Public Interest Litigation. The petitioner has prayed for the following relief:--'It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to accept and allow this writ petition and in the interest of public, issue an appropriate writ, order or direction in the nature of : (i) By directing the respondents even not to change the name of Heera Das Circle as Dr. Ambedkar Circle and it should remain same as Heera Das Circle as it was /is. (ii) By directing the respondents to maintain peace by way of not allowing any one else for installation of statue of Dr. B. R. Ambedkar. (iii) By directing the respondents to keep close watch so that the statue of Dr. B, R. Ambedkar may not be installed at. Heera Das Circle. (iv) By directing the respondents that in case the proposal of installation of statue is taken at Circle Heera Das, then in such circum...
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