Rajasthan Court October 2006 Judgments
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Shiv Kumar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-18-2006
Reported in: RLW2007(2)Raj1144
Shiv Kumar Sharma, J.1. Heard learned Counsel for the parties.2. The prisoners viz. Brij Mohan @ Ram Singh and Gulla @ Satya Narayan (Life Convicts), who have served the sentence for a period of more than 23 years, filed this Habeas Corpus petition through their relative.3. In the earlier Habeas Corpus Petition bearing No. 7809/2005 this Court issued directions to Advisory Board on January 3,2006 to consider the cases of these prisoners objectively in accordance with para 138 of the Rajasthan Prisoners Rules, 1951. The Advisory Board did not find the cases of these prisoners fit for premature release and the matter was forwarded to the State Government. The Deputy Secretary vide letter dated May 27, 2006 informed the Superintendent Central Jail Jaipur as under:mijksDr nksuksa cafn;ksa ds laca/k esa iqfyl v/kh{kd] Xokfy;j us vafdr fd;k gS fd mDr nksuksa cafn;ksa ds ifjokj pd /keudk esa jgrsA 20&25 o'kZ iwoZ jgrs FksA ;fn cafn;ksa dks le; iwoZ fjgk fd;k tkrk gS rks iqu% mifLFkfr ugha gks...
Farooq Hasan Through L.R. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Oct-18-2006
Reported in: RLW2007(2)Raj990
Dalip Singh, J.1. This writ petition has been filed by the late Shri Farooq Husan, retired Judge of this Court. He has prayed for a direction to the respondents to reimburse the amount of expenses incurred by the petitioner on account of the surgery which he underwent at the Escorts Heart Institute and Research Centre, New Delhi (hereinafter shall be referred to as 'the Escorts Hospital') where he was admitted on 5.7.1996 for this purpose and was discharged after surgery on 8.8.1996 after the treatment. The certificate to that effect has been filed as Annexure 10 issued by the Escort Hospital.2. The petitioner being a retired Judge of this Court was a member of the Central Government Health Scheme (hereinafter shall be referred to as 'the C.G.H.S.') appli-cable to the retired Judges.3. The petitioner first approached the S.M.S. Hospital at Jaipur and vide An-nexure-7 dated 11.6.1996, the petitioner was advised by the S.M.S. Hospital to go to Escorts Hospital for C.A.B.G. as he has been...
Kuldeep Kalla Vs. State Bank of India and ors.
Court: Rajasthan
Decided on: Oct-17-2006
Reported in: RLW2007(1)Raj398
Govind Mathur, J.1. This petition for writ is preferred calling in question legality of the decision taken by the respondent Bank to decline appointment on compassionate grounds to the petitioner who is only son among three children of deceased bank employee.2. In brief, facts of the case are that Shri Rajendra Prasad Kalla while serving bank as Senior Assistant died on 13.10.2002, therefore, with consent and approval of his mother and other family members the petitioner preferred an -application for appointment to a suitable post in banktm compassionate grounds. The request for appointment by the application aforesaid stood declined by the competent authority on the ground that condition of the family cannot be termed penurious that warrant appointment on compassionate grounds.3. The widow of late bank employee before coming to this Court by her son submitted a representation to the respondents detailing her socio-economic condition to reiterate the cause for grant of appointment to h...
Bhanwara and ors. Vs. Shri Chand
Court: Rajasthan
Decided on: Oct-17-2006
Reported in: RLW2007(2)Raj893
Narendra Kumar Jain, J.1. This second appeal under Section 100 of the Code of Civil Procedure has been filed by the defendant-appellants against the judgment and decree dated 21.11.1987 passed by the District Judge, Bharatpur, in Civil Appeal No. 27/1983, whereby the appeal of the plaintiff was allowed and the judgment and decree dated 1.3.1993 of the Additional Munsif & Judicial Magistrate No. 1, Bharatpur, in Civil Suit No. 87/1977, was set aside, whereby the trial Court dismissed the suit of the plaintiff.2. The first appellate court decreed the suit of the plaintiff-respondent for possession in respect of two basis land of khasra No. 333.3. While admitting the second appeal on 24.7.1989, this Court formulated following substantial questions of law:(1) Whether on the basis of the evidence adduced in the case, the plaintiff respondent has at all been able to establish that the defendant had on June 12, 1973 trespassed over land measuring 2 biswa out of land measuring 6 biswas of khas...
State of Rajasthan and anr. Vs. Amar Singh and anr.
Court: Rajasthan
Decided on: Oct-16-2006
Reported in: RLW2007(1)Raj546
Mohammad Rafiq, J.1. The State of Rajasthan has filed this writ petition against the award dated 12.6.2001 whereby the learned Labour Court, Jodhpur answered a reference in favour of the respondent-workman holding his removal to be illegal and directing the management to reinstate him in service with continuity in service and awarded 20% back wages from the date of reference.2. A reference was made by the appropriate Government on the question whether removal of the respondent-workman by the management on 15.1.1985 from service was legally justified and if not what relief the workman was entitled to.3. The case of the petitioner is that respondent-workman was allegedly retrenched on 15.1.1985 but a reference on the question was made by the appropriate government enormously delayed on 29th May, 1997. The workman however, contended before the learned Labour Court that he worked with the management from 1.3.1984 to 14.1.1985 and thus completed continuous service of more than 240 days. He ...
idan Puri Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Oct-16-2006
Reported in: [2007(112)FLR965]; RLW2007(1)Raj471; 2007(3)SLJ439(Raj)
Mohammad Rafiq, J.1. This writ petition is directed against the award dated 23rd November, 2001 passed by the Industrial Tribunal-cum-Labour Court (for short 'labour court') whereby the learned labour Court while rejecting the reference held that non grant of compassionate allowance to the petitioner workman by respondent management was legal and justified and the petitioner was not entitled to any relief.2. The claim set up by the petitioner before the learned labour Court was that he was appointed with the Railways in Carriage Wagon Workshop, Jodhpur on 25th April, 1956 and was removed from their service on 27th February, 1971. At the time of removal he was serving with the respondents on the post of Skilled Fitter on monthly salary of Rs. 256/-. The petitioner submitted an application to the respondents on 9th October 1991 for compassionate allowance. When nothing was done, he approached to the Central Administrative Tribunal, Jodhpur (for short 'CAT'), which by its judgment dated 7...
Rajendra Singh Mehta (Dr.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-16-2006
Reported in: RLW2007(2)Raj1629
Mohammad Rafiq, J.1. In this writ petition, the petitioner has prayed for a writ of mandamus that in view of the provisions contained in Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short Rules of 1996) he should be deemed to have retired voluntarily w.e.f. 1st January, 2002.2. The petitioner was initially appointed as Medical Officer in the month of June, 1983 on ad hoc basis. He was later selected by Rajasthan Public Service Commission (in short 'RPSC') on the said post in March, 1984. The petitioner was transferred from the Primary Health Center, Mandolinagar, District Jalore to Primary Health Center, Tanwari, District Sirohi vide order dated 30th April, 1994, Requirement of the order was that petitioner should first report of Chief Medical & Health Officer, Sirohi (for short 'CMHO') for joining at Tanwari. But since the petitioner was relieved after five months, he in the meantime, misplaced the copy of transfer order and not knowing about this fact directly j...
Commercial Taxes Officer Vs. Raisinghnagar Co-operative Marketing Soci ...
Court: Rajasthan
Decided on: Oct-16-2006
Reported in: RLW2007(2)Raj1495
Prakash Tatia, J.1. Heard learned Counsel for the parties.2. Following question of law is involved in this revision petition:Whether the job work conducted by the Assessee comes within the framework of works contract and whether Sales Tax can be imposed under Section 5(3) for the period prior to 19th March, 94 and consequently can the interest under Section 11B be levied for the Assessment Year 1989-90.3. The brief facts of the case are that the assessee was doing the job work by importing packing material from outside the State. It is alleged that the assessee did not pay the tax in pursuance of the Notification dated 7.9.1988, by which it has been provided that in the case of works contract, the turn over of contract shall be subjected to tax. Sub-rule (2) of Rule 29 of the Rajasthan Sales Tax Rules also was incorporated vide Notification dated 24.6.1989 to give effect to Sub-section (3) of Section 5 of the Rajasthan Sales Tax Act, 1954.4. The said Sub-section (3) of Section 5 of the...
Baija @ Baijnath Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-13-2006
Reported in: RLW2007(2)Raj1129
Shiv Kumar Sharma, J.1. Challenge in the instant appeal is to the judgment dated February 6, 2002 of the learned Additional Sessions Judge (Fast Track) No. 1 Dholpur, whereby Baija @ Baijnath, the appellant herein, was convicted and sentenced as under:Under Section 302 IPC:To suffer imprisonment for life and fine of Rs. 1000/- in default to further suffer rigorous imprisonment for two months.Under Section 3/25 Arms Act:To suffer rigorous imprisonment for two years and fine of Rs. 500/- in default to further suffer rigorous imprisonment for one month.The substantive sentences were ordered to run concurrently.2. On July 27, 1999 Siya Ram (Pw.3) submitted a written report at Police Station Sadar Dholpur stating therein that in the preceding night around 11.00 PM while he, his brother Kunj Bihari and his son Kilol Singh were sitting-outside the house, the appellant along with Chitra, Naresh, Hariya and Piddeena came armed with guns and asked them to leave the village. Baijnath then opened ...
Trinity Combines Associates Vs. Prabhu Dayal
Court: Rajasthan
Decided on: Oct-13-2006
Reported in: [2007]138CompCas534(Raj); [2007]78SCL244(Raj)
Shiv Kumar Sharma, J.1. Challenge in these two appeals is the order dated 20-1-2000 of the Company Law Board (for short 'CLB') whereby following directions were issued:In our order dated 7-4-1999, we had observed that non-vacation of the shops belonging to the petitioners was a clear act of discrimination and a grave act of oppression against the family shareholders and further observed that in view of pending civil proceedings initiated by the respondents for vacation of the shops, we did not propose to pass any order regarding the vacation of the shops. While doing so, we also noted that the lease agreement with the petitioners regarding the shops expired on 15-5-1995. Accordingly we directed that arrears of rent for the shops should be paid to the petitioners without delay. No doubt the company has paid the arrears at the rate of Rs. 550 per shop as per the lease agreement. Since the lease agreement had already earlier and the company is getting a large amount of rent as indicated e...
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