Court : Rajasthan
Reported in : 1985(1)WLN65
K.S. Sidhu, J.1. The petitioners in the eight writ petitions, listed above, are officers of the Rajasthan High Court, holding the posts of 'Private Secretaries attached to the Chief Justice and Judges' appointed as such by the Chief Justice of the Court in accordance with the provisions of Article 229 of the Constitution of India and the rules framed thereunder by the Chief Justice. The irony of this litigation is that officers attached as private secretaries to the Chief Justice and Judges of the High Court should find themselves in a situation which led them to file these petitions under Article 226 of the Constitution, seeking justice from the High Court, against the Chief Justice of the Court and the State Government of Rajasthan who, according to the petitioners, have not redressed their legitimate grievance inspite of repeated representations over the years. Their grievance, in short is that inspite of the fact that their duties and responsibilities as private secretaries and jud...
Tag this Judgment!Court : Rajasthan
Reported in : [1985]156ITR463(Raj)
Sidhu, J.1. On an application made by the assessee under Section 256(1), Income-tax Act, 1961 (hereafter called 'the Act'), the Appellate Tribunal made a reference to this court inviting our opinion on three questions of law framed by the Appellate Tribunal as follows :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal is right, in holding that the purchase and installation of secondhand machinery not earlier used by the firm, which was otherwise an industrial undertaking, disentitles the firm from claiming deduction under Section 80J of the Income-tax Act ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that mere purchasing of a polishing machine by an undertaking already in existence and addition of one more process to the existing manufacturing in the accounting year corresponding to the assessment year 1969-70 did not constitute setting up of a new industrial undertaking ?(iii) Whether, on the facts an...
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
G.M. Lodha J.1. Durante bene placito' ruled the world with waves of 'laissez faire' up to 19th century, Political as well as Industrial revolutions brought new tides of workers emancipation from exploitation resulting in new concepts of 'status', 'security of service', 'releases from bonded labour'. Not to talk of Karl Marx or Lenin, even Abraham Lincoln and Roosvelt pleaded for 'Dignity of Labour', 'Equality', Dueprocess of law, and that resulted in New Deal Legislations, Inspired by Mahatma Gandhi, the Founding fathers of the great Indian constitution brought the dream of 'Ravi' true when preamble of the 'Socialist Republic of India' embodied 'Equality' of status' and 'opportunity'. Justice, 'social, economic and political' targets 'followed' by Directives and fundamental rights of equality in Article 14 and equal opportunity in services in Article 16.2. Articulation of 14 and 16 in 1948 and 43A in 1976, whether gave death blow to 'durante bene placito' is even now a billion dollar q...
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN585
G.M. Lodha, J.1. All the petitioners mentioned above claim to be the Managers of the Primary Agriculture Credit Co-operative Socities in Bharatpur District holding substantive posts and alleged that they are permanent employees. They have now received the orders which are impugned orders issued by the Managing Director, Central Co-operative Bank Ltd. Bharatpur directing their compulsory retirement under Rule 17 of the Krishi Rin Datri Sahkari Samitiyon ke Vyavasthapakon ke Chayan, Niyukti and Seva Niyam, 1977 thereinafter referred to as, `the Rules, 19J7) in pursuance of the decision of the Committee. A specimen copy of the order passed in Ismail Khan's case is reproduced hereunder for ready reference:dk;kZy; nh Hkjriqj lsUVy dksvksijsfVo cSd fy0] Hkjriqjdzekad@_.k@293 fnukad 8&1&83 14&2&83Jh blekbZy [kak O;oLFkkid xzke lgdkjh lfefr fy0 }kjklgk;d vf/k'kk'kh vf/kdkjh i0 lfefr uxjfo'k; & vfuok;Z lsok fuo`fRr ckcr Afnukad 8&7&83 dks desVh dh cSBd gqbZ A ftl cSBd es vkidk ekeyk izLrqr gqvk...
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN(UC)17
S.C. Agrawal, J.1. Both these special appeals raise common questions relating to the validity of the Rajasthan Medical and Health Subordinate Service Rules, 1965 (hereinafter reffered to as 'the Rules' ).2. The Rules have been made by the Governor of Rajasthan, in exercise of the power conferred on him by the proviso to Article 309 of the Constitution of India, for the purpose of regulating the recruitment to the posts in and the conditions of service of persons appointed to the Rajasthan Medical and Health Subordinate Service ( hereinafter referred to as 'the service'). The Rules were published in the Rajasthan Gazette dated 16th March, 1966 and they came into force with effect from that date. Rule 4 of the Rules relates to composition and strength of the Service and the said rule, as originally framed, laid down that the Service shall consist of eight groups specified in the Schedule to the Rules. The number of groups specified in the Schedule to the Rules was subsequently increased ...
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN295
M.L. Shrimal, J.1.This special appeal taken under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the judgment dated May 2, 1977, of learned Single Judge of this Court, allowing S.B. Civil Writ Petition No. 1739 of 1973.2. The petitioner's case before learned Single Judge was that there used to be a village known as Bhojpura, Tehsil Jaipur. Its entire land forms part of Jaipur City. This village had been granted in 'Bhog' by the former State of Jaipur to seven temples. Before the formation of the United State of Rajasthan the erstwhile State of Jaipur had acquired from time to time the following chunks of land forming part of village Bhojpura:(a) For Race Course-119 Bighas, in 1938 A.D.,(b) For Ram Bagh Palace, 99 Bighas 4 Biswas, In 1936 A.D.,(c) For Man Guard Barracks, 28 Bighas (now known as Secretariat building),(d) For the Palace to Shri Maharaj Kumar Singhji 144 Bighas 4 Biswas in 1944 A.D.(e) For Improvement Scheme, 19 Bighas 10 Biswas, in 1944 A.D.Th...
Tag this Judgment!Court : Rajasthan
Reported in : 1980WLN107
ORDERC.M. Lodha, C.J.1. The above three special, appeals under Section 18 of the Rajasthan High Court Ordinances 1949, arise, out of the judgment by M.L. Joshi, J. dated January 28, 1977, where by the 'learned Judge partly allowed civil writ petitions Nos. 17 and 21 of 1976, filed by M/s Parekh Automobiles and Sukh Sampat Raj respectively, against the Municipal Council, jodhpur, and restrained the Municipal Council from charging or realising octroi on the goods brought within the limits of the Municipal Council by the Indian Oil Corporation Ltd., but re exported by the said Corporation outside the Municipal limits Council their refile out lets for use and consumption outside the limits of the Municipal Council|. However, the prayer of the petitioners for refund of the octroi, already paid by them was-refused. Aggrieved by the direction' issued against in the Municipal Council has preferred appeals Nos. 9 and 13 of 1977. M/s Parekh Automobiles there in after to be referred to as the pet...
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN466
S.K. Mal Lodha, J.1. The petitioner, in this writ petition under Article 226 of the Constitution, has challenged the constitutional validity of Rule 320A, which was added in Part VIII, Section XVIII of the Rajasthan Prisons Rules, 1951 (for short 'the Rules' hereafter) made under Section 59 of the Prisons Act (No. IX of 1894), ('the Act') hereinafter.2. The petitioner was appointed as a warder in Central Jail, Jodhpur, on January 1, 1970 and he was confirmed on this post in 1973 The petitioner has stated that he is the Secretary of the Jail Branch of the Rajasthan Subordinate Services Association of Jodhpur District, A notification No. GSR 149, dated December 15, 1978 (Ann. 1, was published in the Rajasthan Rajpatra, dated December 28, 1978 by which, in exercise of the powers conferred upon him by proviso to Article 309 of he Constitution, the Governor of Rajasthan amended the Rules by adding the following new Rule 320A after existing Rule 320.320A. Restrictions respecting right to for...
Tag this Judgment!Court : Rajasthan
Reported in : 1978WLN(UC)134
D.P. Gupta, J.1. The petitioner, who was employed in the Indian Air Force, was discharged from service w.e.f. June 20, 1972 and his grievance is that the order of his discharge is illegal and deserves to be quashed. The petitioner was initially enrolled in the Indian Air Force as a Combatant Airman on November 18, 1963 and he subsequently worked there in various capacities, such as Air craftsman Class II, Aircraftsman Class I, leading Air craftsman and Corporal His original appointment was for a period of nine years as a regular Airman and thereafter for six years as a reserved personnel According to the petitioner, the regular period of his engagement was subsequently enlarged to 15 years. On April 8, 1972, a discharge order was passed authorizing the Station Commander Indian Air Force Station, Sambra, to discharge the petitioner from service after allowing him to avail of the full leave which might be due to him In pursuance of the aforesaid order, a discharge certificate was issued ...
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Reported in : 1975(8)WLN843
Kan Singh, J.1. This is writ petition under Article 226 of the Constitution by one Jagdish Singh who challenges an order of be Railway Authorities regarding fixation of his relative seniority vis-a-vis respondents Nos. 5 to 14.2. The petitioner was in the set vice of the Northern Railway and posted at Railway workshop at Jodhpur The petitioner entered she service of the Railway as an unpaid Apprentice Mechanic in the year 1950 and had his training. On completion of 5 years training as Apprentice Mechanic he was appointed as a Journeyman in the grade of Rs. 100 185 wish effect from 15.05.55. He came to be promoted as a Chargaman in the grade of Rs. 150 225 on 27.6.57 He was confirmed as Chargeman in the grade of Rs. 150 225 with effect from 14-7-57, Respondents Harbans Singh was confirmed as Chargeman from 26.7.57 Kundan Lal was confirmed on 27.7.57, Shri Vallabh on 28.7.57, Pritam Chand on 9-10-57 and S.K. Chatterji on 21-6-59. Respondents Om Prakash, R.D. Avasthi, Shri Gopal Sahi, Kan...
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