Court : Rajasthan
Reported in : (1994)IIILLJ528Raj; 1991(1)WLN256; 1991(2)WLN99
J.R. Chopra, J.1 This appeal is directed against the judgment of the learned single judge of this Court dated 4.9.1989 whereby the learned single judge has maintained the award rendered by the Industrial Tribunal & Labour Court, Jodhpur dated 16.6.1989.2. The facts necessary to be noticed for the disposal of this special appeal briefly stated are : that the labourers of the petitioner-company went on strike on 11.12.1986 and with the intervention of the Labour Commissioner, Govt. of Rajasthan, Jaipur the matter was settled and the strike was called off on 22.4.1987. On 22.4.1987, all the labourers of the petitioner company along with the office bearers of the respondent Union were taken back on duty. However, on the very next day, a chargesheet was served on Shri Jabarsingh, Bhanwarsingh, Ranidansingh, Kanti Prasad, Bhoor Singh, and Markandey on 23.4.1987. A reply was filed by the aforesaid labourers and it was prayed that they should be allowed to be defended by the Trade Union Leader...
Tag this Judgment!Court : Rajasthan
Reported in : 1992CriLJ309; 1991(1)WLN44; 1991(2)WLN242
Kanta Bhatnagar, J.1. This appeal is directed against the judgment dated Sept. 15, 1989 passed by the Additional Sessions Judge, Sri Ganganagar by which appellant Gurdutta Singh was convicted Under Section 304B, I.P.C. and sentenced to imprisonment for life.2. Succinctly narrated the prosecution case is that Veerpal Kaur, daughter of Balwant Singh resident of Village Sunderpura, was married to appellant Gurditta Singh of Village Radewala six years prior to the date of the occurrence i.e. death of Veerpal Kaur on June 16, 1987. At the time of marriage cash, ornaments and other articles were given by Veerpal Kaur's grand mother Nihal Kaur. After one year of the marriage, the appellant and his mother Chand Kaur (Co-accused who had died during the pendency of the trial) told Veerpal Kaur's parents and brother that the gold given at the time of marriage was not sufficient. At this, ten tolas of gold was given. When the first son was born to Veerpal Kaur, there was a demand of fifteen thousa...
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN214
1. Appellant Ekta filed writ petition Under Article 226 of the Constitution of India for a direction to the respondents to reserve 25 seats out of 120 seats for Certificate Course in Physical Education and 12 out of 60 seats in the Diploma Course and consider the case of the petitioner for admission in the Course and also a direction that the condition of passing examination of Mathematics in Secondary/Hr. Secondary for the purpose of grant of admission in Certificate Course in Physical Education be declared as invalid. The learned single Judge vide impugned Order dated December 13, 1990 dismissed the writ petition and the aggrieved petitioner has preferred this appeal.2. The case of the appellant averred in the writ petition was that she had done her graduation in Articles and secured 46.63% marks and had represented District Bhilwara in games in State Level Competition. That, she applied for admission to Diploma Course in Physical Education and Certificate Course in Physical Educatio...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(57)ELT269(Raj)
ORDERMilap Chandra Jain, J.1. These writ petitions have been filed (i) for quashing the order (Annexure 10 in the first writ petition and Annexure 2 in remaining writ petitions) of the Superintendent, Central Excise, Udaipur dated October 13, 1986 intimating that the Ministry has decided that the soapstone powder is different than talc, it is not exempt and it is leviable to duty and advising the petitioners to maintain the records and furnish reports and returns as required under the Central Excise Rules, 1944 (hereinafter to be called 'the Rules'), (ii) for declaring that the soapstone powder is covered by exemption Notification No. 23/55-C.E., dated April 29, 1955 and the petitioners are not required to obtain central excise licences and also to pay excise duty thereon; and (iii) for directing the refund of the central excise duty paid to the respondents by the petitioners with interest at the rate of 18% per annum. As the facts are similar and the law involved is the same in these ...
Tag this Judgment!Court : Rajasthan
Reported in : 1992(3)WLC661; 1991(1)WLN291
Jasraj Chopra, J.1. A Division Bench of this Court vide its order dated 3.12.1990 in D.B. Civil Writ Petition No. 4867 of 1990, Radhey Shyam Soni v. The State of Rajasthan and Ors. referred the following questions for determination by a larger Bench to be constituted by Hon'ble the Chief Justice:(1) Whether in view of the fact that the parties have succumbed to the jurisdiction of the Family Court and have not raised any objection about non-compliance of Sections 4, 5 and 6 of the Family Courts Act, 1984, the learned Judge of the Division Bench in Dr. Suresh Kumar Bakliwal case (supra) and other connected cases were authorised to formulate the questions which they have formulated and answered in the pending appeals against the judgment of a family court specially as regards the constitution and functioning of Family Court?(2) Whether functioning of the Family Courts can be brought to a stand still simply because certain Rules have not been framed either by the High Court or by the Stat...
Tag this Judgment!Court : Rajasthan
Reported in : 1991(1)WLN116a
N.K. Jain, J.1. These special appeals are directed against the order of the learned Single Judge whereby he dismissed the writ petitions of the petitioners by one common order dated 28.6.19862. Since similar questions of fact and law are involved in these special appeals and as agreed by the learned Counsel for the parties they are being disposed of by one common judgment.3. The petitioners have prayed that as they are senior to respondents they be granted promotion to the post of Assistant from 1.7.68 or from the date respondents no.5 to 9 were promoted, with retrospective effect with all consequential benefits. They have further prayed that any person junior to them may not be promoted as Superintendent No. II or I during the pendency of the writ petition. On 18.1.88 the appellants have moved applications for the amendment of the writ petitions and prayed that persons as serial nos. 10 to 29 may be impleaded as respondents. Notice of amendment application was issued on 25.4.1988. Mr....
Tag this Judgment!Court : Rajasthan
Reported in : (1991)93CTR(Raj)121; [1992]195ITR311(Raj); 1991(1)WLC232
N.C. Sharma, J.1. This order will dispose of three D. B. Civil Miscellaneous Applications Nos. 332 of 1988, 331 of 1988 and 329 of 1988 filed by the Commissioner of Income-tax, Jaipur, under Sections 151 and 152 of the Code of Civil Procedure by a common order as all these three applications involve a common question of law.2. M/s. Globe Transport Corporation carried on a business of transportation. With respect to the previous year ending Deepawali Samvat 2032 relevant to the assessment year 1976-77, it filed return of its income disclosing an income of Rs. 94,660. The Income-tax Officer, 'B' Ward, Jaipur, passed an assessment order on February 19, 1979. The assessee had debited an amount of Rs. 19,485.28 under the head 'Expenses' in its profit and loss account. The account showed that these expenses had been incurred on tea, betel, cigarettes, etc. The Income-tax Officer disallowed an amount of Rs. 15,000 on estimate treating it as expenses on entertainment. On appeal, the Commission...
Tag this Judgment!Court : Rajasthan
Reported in : 1991(2)WLN153
K.C. Agrawal, C.J.1. This revision (along with other 10 revisions) under Section 15(1) of the Rajasthan Sales Tax Act, 1954 is directed against the order dated December 1, 1988, passed by the Rajasthan Sales Tax Tribunal, Ajmer in Revision Petition No. 584 of 1984 (71/85) ST/ Bikaner: M/s. Khadi Mandir v. CTO, Special Circle, Bikaner.2. The petitioner M/s. Khadi Mandir New Public Park, Bikaner is a society registered under the Societies Registration Act, 1957 and is recognised by All India Khadi & Village Commission. It is a registered dealer under Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the State Act') as well as Central Sales Tax Act, 1956 (hereinafter referred to as 'the Central Act').3. For the assessment year 1977-78 (from 1-4-77 to 31-3-78) the Commercial Taxes Officer, Special Circle, Bikaner, assessed the petitioner under the provisions of the Central Act. The Commercial Taxes Officer held that sales of jerseys and sweaters made of Khadi were not generally ex...
Tag this Judgment!Court : Rajasthan
Reported in : 1991(2)WLC507; 1991(1)WLN12
J.R. Chopra, J.1. These two writ petitions raise common questions of facts and law and, therefore, they were heard together and are being decided by a common order.2. The facts, necessary to be noticed for the disposal or those two writ patitions briefly stated, are: that the respondent Rajasthan State Electricity Board, Jaipur (for short 'the Board') issued an advertisement for selection to the post of Junior Engineer (Electrical) in the year 1972, wherein the patitioner Amritlal Kaushik was selected. It further issued an advertisement for selection to the post of Overseer (Electrical) in the year 1976 and in that selection, petitioner Kurbansingh was selected as Overseer (Electrical).3. It was submitted that earlier in the Rajasthan State Electricity Board Service of Engineers (Recruitment, promotion and Seniority etc.) Regulations, 1969 (hereinafter referred to as 'the Regulations'), there was only the post of Junior Engineer but in the year 1973, the Regulations were aconded vide N...
Tag this Judgment!Court : Rajasthan
Reported in : 1991ACJ1085
K.C. Agrawal, C.J.1. This appeal (Appeal No. 99 of 1986, connected with Appeal No. 101 of 1986) arises from the award given on 24.1.1986 by the Motor Accidents Claims Tribunal, Jaipur, in Motor Accident Case Nos. 374 and 375 of 1983.2. On 7.11.1983 one Christopher Lodricks was going on his scooter from Ajmeri Gate to Sawai Man Singh Hospital. Yvonne (Evan) Lodricks was the pillion rider on the aforesaid scooter. The claimants alleged that when they reached at the tiraha of Ashok Marg, near Maharani College, Jaipur, a car bearing number RST 549 came from the opposite direction and collided with the scooter; as a result of the accident Christopher died at the spot, whereas the pillion rider sustained injuries.3. Claiming that the car, driven by Om Prakash, was being driven rashly and negligently, which struck the scooterist on the wrong side, Yvonne (Evan) Lodricks and Christeen Lodricks (claimants-respondents in Appeal No. 99 of 1986) filed a claim petition to recover compensation in a ...
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