Rajasthan Court September 2006 Judgments
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Ankur Mining Private Ltd. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-07-2006
Reported in: II(2007)BC568; RLW2007(1)Raj760
Shiv Kumar Sharma, J.1. Ankur Mining Private Limited, petitioner herein, filed this writ petition claiming disbursement of subsidy in the amount of Rs. 8,38,396 sanctioned by the State Level Comrritee constituted under the State Capital Investment Subsidy Scheme for Industries 1990 (in short Scheme of 1990) vide order dated July 3, 1995.2. The case of the petitioner is that they established the Unit of Crushing Plant at Sanu Limestone Mines in Distt. Jaisalmer for excavation, screening and crushing of steel grade limestone. On November 24, 1992 the petitioner company also installed balancing equipment conveyer belt system as required by the Rajasthan State Mineral Development corporation. On February 12, 1994, the petitioner company submitted application along with requisite papers as required by the Subsidy Scheme for claiming subsidy amount of Rs. 14,90,380. After due scrutiny subsidy amounting to Rs. 8,38,396 was sanctioned by the State Level Committee in its 37th meeting held on Ju...
Stuti Electronics Limited Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-07-2006
Reported in: III(2007)BC288; RLW2007(2)Raj1589
Shiv Kumar Sharma, J.1. M/s. Stuti Electronics Limited, petitioner herein, seeks to challenge the order dated March 31, 1998 denying the grant of subidy to the petitioner company and the Notification dated Feb. 28, 1998 whereby proviso after clause 4(L) of 'the State Capital Investment Subsidy Scheme for New Industries 1990' was inserted providing that the benefit of subsidy would be available only to those small scale industrial units whose investment in Plant and Machinery did not exceed Rs. 60 lacs. The amendment came into force retrospectively i.e. w.e.f. April, 1997.2. Contextual facts depict that the petitioner purchased plots in Industrial Area Bhiwadi and executed lease agreement dated March 27, 1995. A sum of Rs. 330 lacs was sanctioned by the Industrial Development Bank of India for setting up the industrial units vide orders dated August 22, 1995 and December 2, 1996. The petitioner got provisional registration certificate in the category of SSI Unit on January 28, 1998 and ...
M.S. Oil Mills Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-07-2006
Reported in: I(2008)BC648
ORDERPrem Shanker Asopa, J.1. By this writ petition, the petitioner has sought an appropriate order or direction to restrain the respondents from recovering the amount of 15% investment subsidy i.e. Rs. 36,975/- paid to the petitioner. The petitioner has further prayed for quashing of the notice dated 15.12.1991 and 14.2.1992 with a direction to the respondents to close the proceedings for recovery of the aforesaid amount of subsidy paid to the petitioner.2. There is no dispute that 15% subsidy amount of Rs. 36,975/- on the capital investment was disbursed to the petitioner. The dispute is only with regard to the fact as to whether withdrawal of the scheme for grant of subsidy by the Central Government on 30.9.1988 will have any effect on the petitioner who was granted subsidy subsequently on 25.11.1988 (vide Annexure-3) in respect of which application was filed by the petitioner in March, 1988.3. Submission of the learned Counsel for the petitioner is that case of the petitioner is co...
Brij Lal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2006(4)Raj3182
N.N. Mathur, J.1. These two appeals arises out of the same occurrence alleged to have taken place in the were hours of 12.11.99 in the field known as Jod Wala Khet on the outskirt of Village Rohisa in which two persons Mohan Singh and Jeewan Singh died and persons from both the factions sustained fire arm injuries. In D.B. Cr. Appeal No. 896/2004 the appellants Brij Lal and Sahib Singh have been convicted of offence under Section 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5000/-; in default of payment to further undergo six months simple imprisonment and cognate offences by the judgment of the Special Judge SC/ST (Prevention of Atrocities) Act Cases, Merta dated 28th August, 2004 in F.I.R. Case No. 137/99, Police Station, Thanwala. In D.B. Cr. Appeal No. 185/2005 on the same date the. same trial Judge acquitted the accused respondents of offence under Section 302/34 IPC and allied offences. The State has preferred the appeal against the judgment of acqui...
State Bank of Bikaner and Jaipur and anr. Vs. Food Corporation of Indi ...
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2006(4)Raj3225
Khem Chand Sharma, J.1. This appeal under Section 96 CPC arises out of the judgment and decree dated 11.9.1987 passed by the learned Additional District Judge No. 1, Kota whereby the learned Judge has decreed the plaintiffs suit for Rs. 2,72,000/-.2. The plaintiff respondent, Food Corporation of India Tiled a suit against the defendant appellants with the allegation that pursuant to the tenders invited by it for conversion of gram into 'dal', the firm M/s. Rajasthan Agro Industries submitted its tender, which was accepted. The Regional Manager vide telegram dated 8.8.77 informed the firm about acceptance of tender. Thereafter the Plaintiff and the firm entered into a contract and as per the terms of contract, the Firm M/s. Agro Industries had to convert 453 metric tons of gram into 'dal'. According to the terms and conditions of the tender, the Rajasthan Agro Industries extended two bank guarantees, one for Rs. 1,82,000/- and another for Rs. 1-8,000/- in favour of Food Corporation of I...
Arvind Kumar Joshi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2006(4)Raj3149
Mohammad Rafiq, J.1. This writ petition has been filed by Shri Arvind Kumar Joshi who is a blind person. He is presently working as Teacher Gr. III in Government Upper Primary School, Police line, Jodhpur. Having accepted the challenge of life in a determined manner, he acquired the qualification of M.A. in first division and B.Ed, in good second division. He with deep desire to achieve success in life strived to over come the deficiency inflicted upon him by cruel hands of destiny. Having secured the employment as Teacher Gr. Ill he did not remain content and still yearned for progress in life.2. In response to the advertisement No. 2/2001-2002 issued by the Rajasthan Public Service Commission (for short 'the R.P.S.C') the petitioner applied for appointment on the post of School Lecturer (Hindi). The R.P.S.C. advertised 339 posts of School Lecturers (Hindi). The petitioner was the only candidate who applied in response to the said advertisement against the posts of School Lecturers (H...
Kanhaiya Lal and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: [2007(114)FLR539]; RLW2006(4)Raj3273
K.S. Rathore, J.1. Since all the writ petitions involve similar question of law, therefore, they are being decided by this common judgment.2. The short controversy in these writ petitions is that the petitioners were given appointment under the Rajasthan Recruitments of Dependants of Government Servant Dying While in Service Rules, 1975 on daily wage basis, although the petitioners fathers were regular employees with the respondents.3. Learned Counsel for the petitioners placed reliance on the judgment rendered by this Court in the case of Ram Chandra v. The Executive Engineer and Ors., decided on 6.8.98 and reported in 1999(1) WLC (Raj.) 258, wherein this Court has held that appointment under Rules is regular appointment. Appointment of the petitioner as Beldar on temporary basis and treating him only semi-permanent after two years of service unjustified, the respondents are directed to give regular appointment to the petitioner.4. In the order/circular dated 20.9.95 issued by the Fin...
Priyanka (Miss) and anr. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2006(4)Raj3418
N.N. Mathur, J.1. This appeal is directed against the order of the learned Single Judge dated 4.7.2006 dismissing the writ petition. In view of the urgency, on request of the learned Counsel for the parties, the matter is heard for final disposal at admission stage.2. The facts discernible from the pleadings and the documents which are not in dispute are that first appellant Miss Priyanka applied for admission to MBBS Degree Course at the Government College against the allotted seats in the category reserved for ex-defence disabled personnel under IVth Priority meant for disabled ex-servicemen, who are medically invalided/boarded out and drawing disability pension, being daughter of second appellant Satish Kumar. First appellant attached a certificate stating disability of her father ex J.W.O. Satish Kumar attributable to Air Force Services. The application was provisionally accepted. However, on a deeper scrutiny, it was detected that the disability of second appellant was not attribu...
Man Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2007(1)Raj145
Mohammad Rafiq, J.1. The petitioner Man Singh was serving as a Constable under the Superintendent of Police, District Bikanar, Bikaner. While he was posted at Police Station, Kolayat, he proceeded on Five days' casual leave and together with two days' holidays on 4th May, 1992. He was to report back to the Police Station on 12th May, 1992. When he...his absence was entered in Rojnamcha. A telegranrfof the petitioner was received in Police Station on 15th May, 1992 seeking extension of leave by seven day's. During the period this seven days a criminal case was registered against the petitioner on 17th May, 1992 with Police Station, Nokha regarding an incident which had taken place on 11.00 PM in village Roda for offences under Sections 302, 323, 323/342 IPC and Section 27 of the Arms Act. The petitioner during the course of investigation of the said criminal case was arrested on 19th May, 1992 and was sent to Jail. The petitioner Man Singh along with three other accused was convicted fo...
Alok Chaturvedi (Dr.) and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-05-2006
Reported in: RLW2007(1)Raj228
Mohammad Rafiq, J.1. These two writ petitions are being disposed by a common judgment because in both of them a common question of law and fact is involved as to whether employees of Udaipur Dugdh Utpadak Sangh Limited, Udaipur (for in short 'the Sangh') would be entitled to the benefits conferred upon them by resolution carried out by the Board of Directors of Sangh on 4.1.1999 with a view to giving effect to the settlement dated 13.12.1998 and the consequential order dated 26.12.1998.2. The Board of Directors by its resolution dated 4.1.1999 decided to upgrade various posts and consequently revised the salaries, of the employees of the Sangh. Resultantly, posts held by them were upgraded and salaries were also increased. The Institutional Development Officer (for short 'the I.D.O.') of the Rajasthan Cooperative Dairy Federation, Jaipur (for short 'the R.C.D.F.' however in purported exercise of his powers Under Section 32(1) of the Rajasthan Cooperative Societies Act, 1965 (for short ...
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