Rajasthan Court December 2008 Judgments
D.S. Marbles Pvt. Ltd. Vs. Ajaya Marbles and Minerals and ors.
Court: Rajasthan
Decided on: Dec-19-2008
Reported in: AIR2009Raj62
ORDERPrakash Tatia, J.1. M/s. D.S. Marbles Pvt. Ltd., a Company registered under the Companies Act, 1956, having its registered office at National Highway No. 8 Pawamagri, Sukher, District Udaipur, submitted this application under Section 11 of the Arbitration and Conciliation Act. 1996 (for short 'the Act of 1996') for appointment of an Arbitrator.2. Notices were issued to respondents but no reply has been filed by them.3. As per the facts mentioned in the application, the applicant entered into an agency contract with the respondents through contract dated 8-9-2000 for supply of superlite marble as per the rates mentioned in para 4 of the contract agreement which was for a period of five years. As per the terms of the contract, the applicant submitted a sum of Rs. 5,00,000/- by way of Demand Draft Dated 15-9-2005 as security amount and according to the applicant, that amount was refundable to the applicant after expiry of the period of the contract. Pursuant to the said agreement, th...
Tag this Judgment!Satish Kumar Khurana Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-19-2008
Reported in: RLW2009(2)Raj1532
Raghuvendra S. Rathore, J.1. In this writ petition, the petitioner has sought to challenge the orders dated 8.9.1998 and 14.10.1998. He has also prayed for expunging the adverse remarks in the. Annual Performance Appraisal Report, in short (APAR) of 1994-1995 and that all consequential benefits be ordered to be given to him since then. Further it has been prayed by the petitioner that the Departmental Promotion Committee (hereinafter, referred to as 'The DPC) held on 23.11.1995, be reviewed and after ignoring the adverse remarks recorded in the APAR in the year 1994-1995, he may be considered for promotion with all other consequential benefits w.e.f. 23.01.1996, the date from which the non-petitioners had been promoted.2. On having been selected and recommended by the Rajasthan Public Service Commission, the petitioner was appointed as a Member of Rajasthan Police Service, on 29.11.1982. In the order of appointment, the name of the petitioner appeared at S. No. 10 and that of non-petit...
Tag this Judgment!Ashok Kumar Sharma Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-18-2008
Reported in: RLW2009(2)Raj1212
G.S. Sarraf, J.1. This S.B. Criminal Misc. Petition under Section 482 Cr.P.C. has been filed for quashing the First Information Report No. 5/08 registered at the police station Jhalarapatan, district Jhalawar.2. The police seized a truck HR 46B7 432 (incorrect registration number) at about 2,00 a.m. on 4.1,2008 at the Chandrabhaga bridge wherein 998 cartons of liquor were being transported allegedly without any license whereupon a case under Section 19/54 Rajasthan Excise Act (hereinafter referred* to as 'the Act') was registered at the police station, Jhalarapatan.3. According to the facts narrated in the petition, the petitioner No. 1 Ashok Kumar is the Manager in National industrial Corporation Limited (hereinafter referred as 'the Corporation') which prepared the Indian Made Foreign Liquor (IMFL) at Derabassi, Mohali in Punjab having license for import and export for supply of the liquor within and outside India. The corporation received orders from M/s. Happee Wines arid M/s. Devi...
Tag this Judgment!Karan Singh Vs. Authorised Disciplinary Authority Rsrtc and anr.
Court: Rajasthan
Decided on: Dec-18-2008
Reported in: RLW2009(2)Raj1184
Mohammad Rafiq, J.1. This appeal seeks to challenge the order dated 15/11/2007 by which, the application of the appellant-workman under Section 17B of the industrial Disputes Act, 1947 (for short, 'the Act') was dismissed. Said writ petition was filed by the respondent-RSRTC Jaipur challenging the order dated 31/8/2004 whereby, application of the RSRTC seeking approval of removal of the appellant-workman as required by provisions of Section 33(2)(b) of the Act was rejected. Learned Single Judge held that the application under Section 17B of the said Act filed in a writ petition arising out of proceedings under Section 33(2)(b) thereof as not maintainable and therefore rejected the same.2. Shri Babulal Gupta, learned Counsel for the appellant has argued that application under Section 17B of the Act would be maintainable in a writ proceeding in which order passed under Section 33(2) (b) refusing approval is under challenge at the instance of the respondent-management. it was contended th...
Tag this Judgment!Jai Prakash Sharma Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-18-2008
Reported in: RLW2009(4)Raj3182
Mohammad Rafiq, J.1. This writ petition has been filed challenging the order dated 25.1.2001 by which the petitioner was awarded punishment of stoppage of one grade increment without cumulative effect in the in disciplinary proceedings under Rule 17 of the Rajasthan Civil Services (CCA) Rules, 1958 (for short the Rules of 1958'). The petitioner also challenged the order dated 25.9.2001 by which his appeal was dismissed.Although initially learned Counsel for the petitioner made arguments assailing validity of the aforesaid this order on merits, but ultimately he confined his argument as to the implementation and effect the order of penalty in terms of Rule 17 (aa) of the Rules of 1958 as per the clarification issued by the State Government in its Department of Personnel vide circular No. F. 3(6) Pers/A-1/64 pt. II, Jaipur dated 28.6.2003.2. Shri Ashok Gaur, learned Counsel for the petitioner argued that order of penalty against the petitioner was issued on 25.1.2001 whereas his next inc...
Tag this Judgment!Mohammed Aqull Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-18-2008
Reported in: RLW2009(4)Raj3198
Mohammad Rafiq, J.1. Petitioner has challenged the order dated 23.1.2002 by which date of granting him selection scales on completion of 9, 18 & 27 years of service respectively has been changed. Petitioner was initially appointed in the service of Government of India on the post of Instructor on 25.3.1969. Petitioner was serving in Technical Training Center, Kota. Government of Rajasthan decided to absorb employees of Technical Training Center, Kota of Government of India in its service because the same was taken over by the State Government. Twenty one employees of the Technical Training Center, Kota were decided to be absorbed in the services of the State Government against the posts created in the scheme of Land Reclamation and Operational Training in Heavy Machines w.e.f. 17.2.1973. One of those 21 did not opt to be absorbed and in all 20 employees were absorbed. Petitioner was originally granted benefit of first, second and third selection scale on completion of 9.18 & 27 years o...
Tag this Judgment!G.V. Aswani Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-17-2008
Reported in: RLW2009(3)Raj2225
Mahesh Bhagwati, J.1. Challenge in this appeal is to the judgment dated June 24, 1986 whereby, the Special Judge, C.B.I. Jaipur, convicted the accused-appellant G.V. Aswani in the offences under Section 161 of IPC and Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as 'Act 1947') and sentenced as under:Under Section 161 IPC:Rigorous imprisonment for two years and a fine of Rs. 100/-; in default of payment of fine to further suffer rigorous imprisonment for one month.Under Section 5(1)(d)(2) of Act 1947:Rigorous imprisonment for two years and a fine of Rs. 100/-; in default of payment of fine to further suffer rigorous imprisonment for one month.Substantive sentences were ordered to run concurrently.2. The prosecution version as unfolded during trial is as follows:That on 25th July, 1983 PW-1 Kanchan Pal Chouhan Proprietor of M/s. Jai Radio Television Center, Shop No. 2, Dayanand Market, Kesarganj, Ajmer, presented an application Ex....
Tag this Judgment!Madan Lal Vijayvergiya Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-17-2008
Reported in: RLW2009(2)Raj1334
Mahesh Chandra Sharma, J.1. Petitioner Madan Lal Vijayvergia filed S.B. Cr. Revision Petition No. 56 of 2004 and Prabhudayal Kumawat filed S.B. Criminal Revision Petition No. 1287 of 2003 against the order dated August 23, 2003 of Special Judge Sessions Court (Anti Corruption Cases), Jaipur in Cr. Case No. 24 of 1997 for framing charge under Sections 420, 468, 471/120-B and Section 13(1)(d) (2) of the Prevention of Corruption Act read with Section 109 IPC against them and the State of Rajasthan filed S.B. Criminal Revision Petition No. 0963 of 2003 for framing charge for Sections 420,468, 471/120-B and Section 13(1)(d)(2) of the Prevention of Corruption Act, against the accused non-petitioners. Since in all these revision petitions common order dated August 23, 2003 of the trial court court has been challenged, all these revision petitions are disposed by this common order.2. Brief facts of the case are that an FIR was lodged by Addl. S.P. (Anti-corruption Bureau), Jaipur, that Govt. S...
Tag this Judgment!Mohd. Izaj and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Dec-17-2008
Reported in: RLW2009(2)Raj1214
Mahesh Chandra Sharma, J.1. This revision petition has been filed by the petitioners against the order dated 26th of April 2008 and 03rd of May 2008 which was passed by the Judge Special Court Women Atrocities and Dowry Cases (Manila Utpidan and Dahej Pakran), Kota in Criminal Session Case No. 13/2008 whereby the learned Special Court charge under Section 306, 498-A I.P.C. were framed against the petitioners. The brief facts of the case are that on 20.06.2006 a First Information Report No. 122/2006 was lodged at Mahila Police Station, Kota against the petitioners on the basis of the Merg Report No. 03/2006 in which it was stated that deceased Sanjida was married with Mohd. Ijaz in the year 1997 and thereafter she given birth two children and before one month operation of her abdomen was made and 1/2 Kg. Githan was removed from her stomach and on 11.06.2006 deceased Sanjida went out from house without told any persons of the family and on 11.06.2006 at night report of the Gumsudgi was l...
Tag this Judgment!Mooli Devi (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Dec-17-2008
Reported in: RLW2009(4)Raj3323
Mohammad Rafiq, J.1. This writ petition has been filed with the prayer that respondents be directed to sanction the family pension to the petitioner in accordance with the proviso to Rule 268B of the Rajasthan Service Rules, 1951 w.e.f. 15.3.1989 along with interest @ 18% p.a. and also the amount of Gratuity, GPF, State Insurance and encashment of leave along with interest @ 18% p.a.2. Facts in brief as unfolded in the writ petition are that the petitioner's husband was appointed in the service of respondents on the post of Teacher w.e.f. 2.12.1972 in Government Primary School, Gordhanpura, Panchayat Samiti Dantaramgarh, District Sikar. Shri Hari Naraian, husband of the petitioner was a psychiatric patient and all of a sudden, after 20.6.1985 he did not resume his duties. When after a long time of four years, Shri Hari Naraian did not return back either at home or office, petitioner thereupon applied for issuance of death certificate in the year 1989 to the Registrar (Birth & Death). R...
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