Rajasthan Court December 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Manoj Kumar Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-19-2003
Reported in: 2004CriLJ3186; 2004(1)WLC81
ORDERN.N. Mathur, J.1. By way of instant petition under Section 482 of the Code of Criminal Procedure the petitioner seeks to quash the order of the Sessions Judge, Bikaner dated 27-9-2002 confirming the order of the Additional Chief Judicial Magistrate No. 3, Bikaner dated 19-7-2001.2. It appears that on the complaint filed by the second respondent, 3 private complaints being 246-98, 247/98 and 248/98 for offence under Section 138 of the Negotiable Instruments Act are pending in the Court of Additional Chief Judicial Magistrate No. 3, Bikaner. During the trial in all separate cases the evidence of the prosecution evidence was separately recorded. However, on the prayer of the petitioner all the three cases were amalgamated by order dated 8-12-99. When the case was at the conclusion after the statements of the prosecution witnesses in joint trial have been recorded the accused petitioner filed an application under Section 311 of the Code of Criminal Procedure for recalling of the compl...
Kirti Prem Raj JaIn Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-19-2003
Reported in: II(2006)BC152; [2005]125CompCas828(Raj); [2004]56SCL630(Raj)
ORDERN.N. Mathur, J.1. These five revision petitions under section 397/401 of the Code of Criminal Procedure are directed against the order of the 'Additional Chief Judicial Magistrate (Fast Track), Bikaner whereby on different dates he has read over the accusation to the petitioners for offence under Section 138 of the Negotiable Instruments Act.2. It appears that 'Esskay Remedies Ltd.' (hereinafter referred to as 'ERL') having its Head Office at Baroda by executing an agreement appointed M/s. Om Arham Marketing Company 'Carrying and Forwarding Agent' (hereinafter referred to as 'C & F Agent') of the manufacturer for the sale of its product in the Northern Rajasthan. The petitioner herein Kirti Jain is the Managing Director and Sunil and Hitesh are the Directors of ERL. The said company is now carrying on its business in the name of M/s. Nissan Formulations Ltd. M/s. Om Arham Marketing Company (hereinafter referred to as 'the complainant') filed a complaint against the EPL, M/s. Nissa...
S.K. Kothari Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-19-2003
Reported in: RLW2004(4)Raj2209; 2004(2)WLC444
N.N. Mathur, J.1. By way of instant petition under Section 482 Cr.P.C., the first petitioner Shri G.K. Purohit, Chief General Manager, State Bank of Bikaner and Jaipur and the second petitioner Shri S.K. Kothari, Manager (P.P. & Gratuity), State Bank of Bikaner and Jaipur seeks to quash the F.I.R. No. 40/1997 Police Station Kotwali, Sriganganagar filed by the second respondent Baij Nath Garg, a dismissed employee of the Bank ('Branch Manager at Wair Branch (District Bharatpur) of the Bank') for offence under Section 406 and 420 I.P.C. The petitioners have also challenged the order dated 05.10.1998 passed by the Additional Chief Judicial Magistrate, Srikaranpur directing further investigation on a negative report forwarded by the police.FIRST INFORMATION REPORT :2. On 04.02.1997 at 10:15 AM, the second respondent Baijnath Garg submitted a written report at Police Station, Sriganganagar. It is averred that he has been dismissed by the Chief Manage (Operation) of S.B.B.J. Bank and he has ...
Union of India (Uoi) and ors. Vs. C.A.T. and anr.
Court: Rajasthan
Decided on: Dec-18-2003
Reported in: RLW2004(3)Raj1555; 2004(3)WLC45
Acharya, J.1. Both these writ petitions arise out of the judgment passed by the Central Administrative Tribunal, Jodhpur dated 14.11.2002, therefore, the same are being decided by a common judgment.2. Both these writ petitions have been filed by the petitioners against the order dated 14.11.2002 (Annexure-1) passed by Central Administrative Tribunal, Jodhpur in Original Application No. 42/2002 in the case of Kailash Vasandani v. Union of India and Ors. (1), whereby the Original Application filed by the respondent-applicant No. 2 was allowed and the petitioners were directed to interpolate the name of the applicant in the selection panel dated 4.11.1996 on the post of Junior Chemist and Metallurgical Assistant (for short 'JCMA').3. The brief facts giving rise to above writ petitions are as follows :-That Kailash Vasandani - respondent No. 2 was initially appointed as Khallasi on 31.1.1975 and was promoted as JCMA on ad hoc basis vide order dated 6.2.1980. Thereafter, he was reverted fro...
President, Addivasi Ekta Parishad and ors. Vs. State and ors.
Court: Rajasthan
Decided on: Dec-17-2003
Reported in: RLW2004(1)Raj670; 2004(5)WLC633
B. Prasad, J.1. As per the orders passed yesterday, Mr. Rakesh Verma, Secretary, Department of Mines, is present in Court. He showed his inability to give comprehensive report within the time available at his disposal. He apprised the Court that there are 23000 mine owners in the State and most of the miners have been issued notice for submitting eco-friendly mining plan. Those who have not been issued the notices, will be issued shortly. Since he is in the process of getting feedback from the miners, the action plan put forward by the State Government is yet to be fully made operational. He needs a two weeks' period to come to the grip of the matter. In view of the vast dimensions of the question involved, we think it appropriate that the time prayed for be allowed. The report be submitted by 5.1.2004. It is expected that as required by the Mining Department, the miners will submit their eco-friendly plans accordingly.2. The Pollution Control Board submits that 83 files are complete a...
Brahma Nand Vs. Durga Prashad and ors.
Court: Rajasthan
Decided on: Dec-17-2003
Reported in: RLW2004(3)Raj1569; 2004(2)WLC532
Gupta, J. 1. Heard learned counsel for the parties.2. By the impugned judgment and decree, the learned lower appellate court has dismissed the plaintiff's suit for fixation of stand rent, which was decreed by the learned trial court.3. The facts of the case are that the plaintiff filed a suit for determination of standard rent of the suit premises, alleging interalia that the suit premises were let out on 7.5.1953 at a monthly rent of Rs. 100/- per month to Nandlal, who expired on 28.12.1986, and since then, the defendants are carrying on the business as his legal representatives, that the rents of the adjoining premises have increased leaps and bounds, and even if the premises are let out today, they could fetch a rent of Rs. 1500/-per month. Since the premises were let out for commercial purposes, on the basis of rent as on 1.1.1962 being Rs. 100/-, the standard rent is required to be determined at Rs. 250/- per month. The defendants contested the suit interalia on the ground that ap...
Acharya Shri Kundan Maharaj and anr. Vs. Smt. Indra and anr.
Court: Rajasthan
Decided on: Dec-16-2003
Reported in: AIR2004Raj90; RLW2004(4)Raj2275; 2004(2)WLC456
N.N. Mathur, J.1. This is an appeal under Section 19 of the Family Courts Act directed against the judgment dated 13-8-2003 dismissing the appellants' application under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act of 1890') on the ground of lack of jurisdiction.2. The appellants who are the grandfather and grandmother of the minor children named Rohit aged 6 years and Mohit aged 5 years filed an application under Section 25 of the Act of 1890 in the Family Court, Jodhpur for the custody of their grand children. Their son Purandass married to the first respondent Smt. Indra on 18-11-1994 at Jodhpur. Out of their wedlock, two sons whose custody is in question namely Rohit and Mohit were born. Unfortunately, Purandass died on 9-8-1999. On his death, his wife Smt. Indra was given an appointment on compassionate ground in Municipal Corporation, Jodhpur. After some time she got her services transferred to Municipal Corporation, Jaipur. She permanently ...
Jogi Dan and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-16-2003
Reported in: 2004CriLJ1726; 2004(3)WLC73
Sunil Kumar Garg, J.1. This appeal has been filed by the accused appellants against the judgment and order dated 28-5-1987 passed by the learned Sessions Judge, Jalore in Sessions Case No. 58/1986 by which he convicted the accused appellants for the offence under Sections 376(2)(g) and 342, IPC and sentenced them in the following manner:-Name of Convicted Sentence awar-accused under Sec- ded to each ac-appellants tion cused appellant(1) Jogi Dan 376(2)(q) RI for 10 years(2) Phoolchand IPC and to pay fine(3) Shankaria of Rs. 100/- in(4) Baga Ram default of payment of fine,to further undergo onemonth RI2. It arises in the following circumstances:--On 2-10-1986 at about 11.00 pm. PW-3 Panku wife of Moolchand (PW-4) (hereinafter referred to as the prosecutrix) lodged a written report Ex.P/8 with the Police Station Jalore before PW-5 Chaunaram, SHO of that Police Station stating inter alia that she was not having parents nor brothers and sisters and since childhood she was living with her M...
State of Rajasthan Vs. L.N. Vyas
Court: Rajasthan
Decided on: Dec-16-2003
Reported in: RLW2004(4)Raj2272; 2004(2)WLC562
N.N. Mathur, J.1. The instant State appeal is directed against the judgment of the learned Single Judge dated 15.12.99 whereby allowed the writ petition of the respondent herein and directed the appellant to grant him refixation in accordance with the order dated 22nd August, 198! and grant him terminal and retiral benefits in accordance with the order dated 22nd August, 1981.2. The relevant facts giving rise to this appeal are that the respondent herein entered in the government service as Lower Division Clerk. He became Accounts Officer in the year 1975 by way of promotion. He was awaiting for promotion on the post of Sr. Accounts Officer and the Chief Accounts Officer but against the vacancies of the year 1980. However, the D.P.C. was convened because of interim order of the Tribunal and he retired on 1.6.80. A.D.P.C. was convened for promotion on the post of Sr. Accounts Officer against the vacancies of year 1980 in the year 1981. In pursuance of the recommendations of the D.P.C., ...
Dal Chand and 5 ors. Vs. Judge, Labour Court and ors.
Court: Rajasthan
Decided on: Dec-16-2003
Reported in: (2004)IIILLJ38Raj; 2004(2)WLC514
N.N. Mathur J. 1. In this group of special appeals the controversy which is often raised is where termination of service is found to be invalid, reinstatement as a matter of course should be awarded or compensation would be an adequate relief. The question is neither new nor raised for the first time. It crops up every time when the order of termination or dismissal of the workman is held to be illegal on account of victimization or on certain technical grounds. It is of course true that ordinarily relief against illegal termination of service is reinstatement but there are exceptions to the general rule, where a Labour Court in exercise of its discretion can award compensation in lieu ofreinstatement. No hard and fast rule can be laiddown as an exception to general rule ofreinstatement. There are catena of decisions ofApex Court and this Court which provideenough guidelines in such matters. It isvehemently argued by Mr. R.S. Saluja learnedcounsel for the appellant that the learned Jud...
- ‹ Prev
- 2
- Next ›
- Last »