Court : Rajasthan
Decided on : Mar-08-1989
Reported in : AIR1990Raj23; 1989(2)WLN417
..... that there was no second default based on the fact that before the expiry of six months the rent had already been deposited in court under section 19-a raj premises act and, therefore, the tenant could not be said to have committed a second default. the learned single judge has come to the conclusion that for ..... referred to. therefore, if a tenant alleges that he had offered the rent personally to the landlord and it was refused, he cannot resort to sub-section (3) of section 19-a and deposit the rent in court. before making such a deposit, he will have to send the rent by money order. in this view ..... we are not inclined to accept this contention and in our view, the opinion expressed by the learned single judge is correct. the very words of sub-section (c) of section 19-a would make it clear that the deposit in court can be made only where a tenant has remitted the rent by postal money order under ..... a. therefore mere depositing the rent in court would not absolve the defendant from default.3. learned counsel for the appellant, however, urged that under section 19-a(3), the tenant is permitted to pay rent personally also and, therefore, in this case when the tenant had offered the rent to ..... of the matter, we do not find any substance in the contention of the learned counsel for the appellant and according to us the appeal deserves to be rejected.4. .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-08-1989
Reported in : 1990(1)WLN205
..... mills co. ltd. v. its management (1962 (i) llj 213), their lordships of the supreme court after reading the definition of retrenchment as given in the act observed:the definition 'retrenchment' in section 2 of the. act means termination of service. a service cannot be said to be terminated unless it was capable of being continued. if it is ..... cases.16. in the two judgments which were produced before us, the learned judges of the division bench kept the question open as to whether order annexure-4 dated 10-3-1980 even now remains in force or not. the learned judges directed the corporation to absorb the petitioners (drivers) on the post of ..... petitioners has not been produced by either party for our perusal. the respondents denied its existence. of course, there is a reference on some agreement in annexure-4. how ever, in the absence of the settlement, we are unable to say as to what were the terms of it. things cannot be left to assumptions ..... if a driver is found unfit for driving the bus, such a driver will be absorved and posted at least as helper. it was argued that annexure-4 was issued on 10-3-1980 by rsrtc (filed in d.s. civil writ petition no. 637/88 abdul razak v. rsrtc as a follow up ..... course issued by the corporation but it was lateron withdrawn by the subsequent order annexure-r/1 dated 12-10-1987. as such annexure-4 dated 10-4-1980 has no legal standing since it stands withdrawn. mr. gupta frankly conceded that the corporation was directed by this court in the judgments .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-16-1989
Reported in : 1989(2)WLN506
..... , where in a writ in the nature of mandamus was issued to the central government to consider within a period of six months whether section 30 of the advocates act, 1961 should be brought into force or not. in that case, a reference was made to prem shankar shukla v. delhi administration : ..... . in this writ petition, the grievance of the petitioner is about transfer of government servants, particularly class iii and iv, which are being effected indiscriminately unjustly and frequently without any definite policy or guide-lines, which has resulted in demoralising the employees and harassment to them.2. the petitioner is a ..... even from the british times the general policy has been to restrict the period of posting for a definite period. we was to add that the position of class ii and class iv employees stand on a different footing. we trust that the government will kept these considerations in view ..... a direction to respondent no. 1 to issue administrative instructions or guidelines relating to transfer of state government employees particularly class-ill and class-iv, keeping in view the observations made in this judgment and judgments of the supreme court and this court and shall lay down a ..... , capricious and arbitrary and in gross-violation of the ban orders imposed by the government and the other guide-lines provided for effecting transfers.4. the petitioner has admitted in the writ petition and shri agrawal, learned counsel for the petitioner, has candidly stated that transfer is not a .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-24-1989
Reported in : 1989WLN(UC)144
..... court simultaneously and learned magistrate deems it proper may consolidate them also if they fall within the scope of section 220(3) cr.p.c. which reads as under:if the acts alleged constitute an offence falling within two or more separate definition of any law in force for the time being by which the offences are defined or punished, the ..... it would be in the interest of justice if both the cases are tried together as is also the intention of the legislature which is evident from the provision of section 220(3) cr.p.c. it is submitted that if it is not done there are chances of conflicting decisions as well. notice of the petition was given ..... his colleague malsingh and constable kishan singh also sustained injuries. on receipt of this report fir no. 129/84 was taken down and a case was registered for offence under sections 147, 331, 353 and 394 ipc where in after investigation charge-sheet was filed and is pending before addl. chief judicial magaistrate no. 1, ajmer as case no. ..... uoi and the department, who frankly stated that he has no objection if the case is being transferred to the court of chief judicial magistrate (eo cases), jaipur.4. i have given my earnest consideration to the circumstances of the case and i am of the opinion that it would advance the cause of justice if both the ..... v.s. dave, j.1. this is an application under section 482 cr.p.c. moved with a prayer that criminal case no. 80/85, state v. inder and others pending in the. court of addl. chief judicial magistrate .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-03-1989
Reported in : AIR1990Raj1; 1989(2)WLN267; 1(1989)WLN(Rev)409
..... petitioner that the petitioner bhanwarlal has no locus standi. admittedly, the impugned sale deed was executed by him. it was his duty under section 29, stamp act to bear the expenses of providing proper stamps. if the impugned order is allowed to stand, he will have to pay the amounts of ..... is executed and as such itcannot be said that the sale deed is dulystamped within the meaning of section 2(11),stamp act. 5. during the statement of bhanwarlal dw 1, sale deed dt. 14-4-80 executed by the witness in favour of babulal non-petitioner was tendered in evidence. on this, ..... contrary has been set up. 8. under these facts and circumstances, it is difficult to endorse the views of the civil judge, banner, he has acted with material irregularity in the exercise of his jurisdiction. the order deserves to be set aside. 9. consequently, the revision petition is allowed with costs. ..... it is not enacted to arm a litigant with a weapon of technicality to meet the case of his opponent. the stringent provisions of the act are conceived in the interest of the revenue. once that object is secured according to law, the party staking his claim on the instrument ..... scheme is clear. section 35 of the stamp act operates as bar to an unstamped instrument being admitted in evidence or being acted upon; section 40 provides the procedure for instruments being impounded, sub-section (1) of section 42 provides for certifying that an instrument is duly stamped, and sub-section (2) of section 42 enacts the consequences .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-03-1989
Reported in : AIR1990Raj109; 1989(2)WLN491
..... made to him the request that sohanraj was willing to pay some more amount to the plaintiff. had this version been true, the plaintiff would have definitely said so. sohanraj defendant had stated that when the sale deed was executed banshilal who is related to purshottam was present and nothing was said to ..... said that the purchaser had constructive or implied notice of the prior agreement to sell. in asharam's case (supra) explanation 2 to section 3 of the transfer of property act applied which has no application in the present case. a person is said to have notice of a fact when he actually knows that ..... part of the purchaser. i am, therefore, of the opinion that the finding of the additional district judge no. 2, jodhpur on issue no. 4 in favour of the defendants is correct and he had rightly dismissed the suit of the plaintiff for specific performance of contract in relation to the suit ..... sell in favour of the plaintiff and he wilfully abstained from making enquiry. thus he challenged the findings of the additional district judge on issue no. 4. the learned counsel for sohanraj' purchaser supported the decree of the first appellate court.7. it is not in dispute that the suit plot is situate ..... the additional district judge no. 2 jodhpur on november 7, 1974. the additional district judge reversed the findings of the trial court on issue no. 4 and he held that sohanraj was a bona fide purchaser for value without notice of the prior agreement to sell in favour of the plaintiff. he, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-11-1989
Reported in : (1993)IIILLJ361Raj; 1989(2)WLN682
..... at the first sight but is hollow in substance.8. in order to appreciate the contention of mr. calla it would be useful to read the definition of 'retrenchment' given in section 2(oo) of the act. it runs as under:-'2(oo): 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as ..... was not motivated.3. closure may be of the entire undertaking or partial. here is a case of partial closure.4. the law does not cast a duty on the employer to make the payment of compensation, etc., under section 25fff ofthe act before the closure, and5. the amount of compensation together with wages in lieu of one month's notice was offered ..... -2, dated 28.6.1983, this closure is motivated because the union of workmen of the furniture making centre raised demands before the management in august, 1980 vide an-nexures-4 and 4-a. the management instead of meeting the demands came with notice annexure-2 for closure of the furniture making centre. taking this background into consideration, it was argued that ..... bank drafts was tendered to each of them but the concerned workmen refused to accept the bank drafts and the notice.4. it was also stated that section 25f does not apply and it is not a case of retrenchment. provisions of section 25fff are applicable only after an undertaking is closed down. despite that, compensation as stated above was offered to the .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-1989
Reported in : [1989(59)FLR607]; (1991)ILLJ501Raj; 1989(2)WLN276
..... include even a part-time employee. we are of the considered opinion that even a part-time employee is covered by the definition of 'workman' as given in section 2 of the act. with all respects we are unable to agree with the view expressed by the learned judge of the a.p. high ..... time employee, he cannot be taken to be a workman as defined in the act. as such the provisions of section 25f of the act were not required to be followed. the petition is, therefore, misconceived and hence not maintainable.4. before proceeding further, we may point it out that in the return filed by ..... his service amounts to retrenchment and the retrenchment was made in violation of the provisions of section 25f of the act. he is, therefore, entitled to reinstatement.19. the petitioner has claimed wages of a regular class iv employee. we are unable to grant this relief to him. he has been appointed as ..... 2 dated 28th january 1986 and by order annexure 3 dated 25th april 1986 till further orders. he thus continued to work as a class iv employee in the government ayurvedic aushdhalaya upto 13th june 1987. all of a sudden, his services were abruptly terminated by orders annexure 8 and annexure ..... 1987 by which his services were terminated with forthwith effect.2. as per averments disclosed in the petition, the petitioner was initially appointed as a class iv employee in ayurvedic aushdhalaya, bhupkhera, district alwar on 28th november 1985 on daily wages basis vide order annexure 1. this appointment was made for 53 .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-13-1989
Reported in : AIR1990Raj20; 1989(2)WLN250
..... involved in them,2. in all the four revision petitions, the learned counsel for the non petitioners have raised a preliminary objection that no revision petition lies under section 115, c.p.c. against an order passed under order 13 rule 2. c.p.c, in support of their contention, they relied upon the decisions ..... in refusing to accept it on the ground of delay.10. thus there is a great force in the preliminary objection. revision petitions are not maintainable under section 115, c.p.c.11. consequently, all the four revision petitions are dismissed. no order as to costs.12. let the original order be kept in ..... v. nathuram, air 1980 raj 111.3. in reply to the preliminary objection, it has been contended by the learned counsel for the petitioners that revision under section 115, c.p.c. is perfectly maintainable against an order passed under order 13 rule 2, c.p.c., if it is passed by the court ..... of the court. if the court has failed to record any reason for receiving any amount at a later stage, it may be said that it has acted with material irregularity in the exercise of its jurisdiction. the above quoted provisions specifically require the recording of reasons by the court while accepting a document. however, ..... 2 cur cc 977 : (air 1989 noc 129) (kant) and order dt. nov. i. 1988 passed in civil revn. no. 72 84 banshilal v. smt. chhangani devi.4. order 13. rule 2(1). c.p.c. runs as under;- -2. effect of non-production of documents.-- (1) no documentary evidence in the possession or power of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-1989
Reported in : 1989(2)WLN41
..... may be prescribed and such dues and penalty shall be recoverable along with the cost incurred in making such recovery. in the manner here in after laid down in this act. under section 4, where the dues are not paid by a debtor by the date specified in the bill, the prescribed authority may at any time serve or cause to be served ..... of land revenue. the learned counsel has drawn our attention to the madhya pradesh government electrical undertaking (dues recovery) act, 1961. (for short the m.p. act) and to the definition of dues as contained in section 2(b) of that act. in the aforesaid definition not only any sum payable on account of consumption of electricity supplied but also minimum charges, under an agreement or ..... the five years agreement period expired, winch was to expire on 7th july, 1981. the contention of learned counsel is that a look at the definition of dues as given under section 2(b) of the act will show that any sum payable to the govt. electrical undertaking on account of consumption of electrical energy supplied will fall under the expression and if ..... is included. by referring to the aforesaid provisions of the m p. act, the learned counsel contends that the definition of dues under section kb) of that act is such wider to include even the dues for minimum charges whereas in the definition of dues in the act the minimum charges will not be included.4. mr. rastogi learned counsel for the board contends that during the .....
Tag this Judgment!