Court : Rajasthan
Reported in : RLW2006(4)Raj2865; 2004(2)WLC436
Gopal Krishan Vyas, J.1. This writ petition has been presented in the Registry of this Court on 22.12.2000. The petitioner has primarily challenged impugned orders An-nex.62 dated 4.5.1991 whereby pursuant to a departmental enquiry the Appointing Authority has imposed upon him the penalty of dismissal from service and Annex.64 dated 21.7.1992 whereby the appellate authority maintained the penalty order. On its face, the writ petition suffers from gross delay and, therefore, at the outset this Court called upon the counsel for the petitioner to show sufficient cause why this petition may not be dismissed only on the ground of laches.2. The gruelling narration of the facts leadings to delay in filing the writ petition is that on accrual of the cause of action, after dismissal of his appeal by the appellate authority, the petitioner engaged Shri Vinayak M. Joshi, Advocate and handed over him the file alongwith all relevant material. He also made payment of the full fees and expenses. It i...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj530; 2002(3)WLC586; 2002(5)WLN3
..... called upon to decide whether a commandant (selection grade) can be considered as holding a rank higher than that of a commandant for the purposes of rule 9 of the border security force (seniority, promotion and superannuation of officers) rules 1978. the question arose whether a person holding the post of commandant (selection grade) would retire on attaining the age of .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)IILLJ631Raj; 1994(1)WLC1
R.S. Verma, J. for himself and on behalf of Rajendra Saxena, J.1. These two appeals raise questions of vital importance for Hand Pump Mistries engaged in repairs and maintenance of hand-pumps throughout the State of Rajasthan. By consent of all concerned, they have been heard together and are being disposed of by a common order.2. Potable water is the prime necessity for any human civilization to survive. Public Health Engineering Department (for short PHED) was initially charged with the duty of supplying neat and clean drinking water in the State. Hand Pumps were installed throughout the State for this purpose. These hand pumps were being repaired and maintained by the PHED. However, the PHED did not find it convenient and feasible to maintain and repair these handpumps in the far flung rural areas. By virtue of Section 23(2) of Raj. Panchayat Samitis and Zilla Parishad Act, 1959 (for short the Act) read with Entry 4(iii) of the Schedule to the Act, 'provision of drinking water facil...
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ3138; 2001(2)WLN683
..... was not empowered under this section to investigate. (3) any magistrate empowered under section 190 may order such an investigation as above-mentioned. 173. report of police officer on completion of investigation.- (1) every investigation under this chapter shall be completed without unnecessary delay. (2) (i) as soon as it is completed ..... avadh kishore, to have exhorted the accused to kill the deceased, whereafter the actual assailant is said to have assaulted the deceased. after investigation the police filed a report against the actual assailant only. when the papers were laid before the magistrate, the first informant made an application requiring the magistrate to ..... and also to issue process against all offenders against whom the magistrate thinks that there are sufficient material, notwithstanding the fact that on completion of investigation police has filed charge-sheet only against some of them. (35). hon'ble the supreme court proceeded to hold that this question is squarely answered .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)ACC245; RLW2006(3)Raj2170; 2006(1)WLC215
..... which no human foresight can provide against and of which the human prudence is not bound to recognise as a possibility? the answer is in the negative. the learned police officer preparing he report has remarked that the accident occurred 'unfortunately'. the learned tribunal has also taken it to be simply an act of god. the approach of the ..... site only, and its driver lun singh ran away in a bus. this witness has been thoroughly cross-examined and has deposed that he was not aware whether the police filed a final report or presented a challan. he has specifically pointed out that the incident occurred at jaisalmer-barmer road and the place where they were sitting was ..... aw-3; whereas the non-applicant no.l vijay singh examined himself as naw-1. in documentary evidence, the claimant produced a copy of 'roznamcha' prepared by the police as ex. 1.7. the learned judge of the tribunal took up for consideration issue no.l with reference to the evidence of the parties and analysed the evidence of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj132
ORDERP.N. Shinghal, J.1. These two second appeals arise from a single judgment and decree of the learned District Judge of Pali dated May 23, 1958 and will therefore be disposed of together. The history of the dispute which dates back to S. 1984 may be stated briefly.2. The Jagir of Meda was situated in the Sojat pargana of the former Jodhpur State and Sewaj was one of the villages Included in that Jagir. The Thikana gave the 'ijara' of village Sewaj to Magni Ram, Har Lal Ratan Khan and Noor Khan, for a period of 10 years, or Sawan Bad 1 S. 1984. The Ijaradars, however, assigned the 'ijara' to Heera Chand for the same period on payment of Rs. 4,525/-per year. This Heera Chand held the 'ijara' for a period of about 5 years and then assigned it to Mishri Mal defendant No. 1 and Rawat Singh defendant No. 2 for the period from Sawan Sud 1 S. 1989 to Asadh Sud 15 S. 1993 on payment of Rs. 4,525/-per year. Ex. P.5 is the deed of assignment and is dated April 20, 1933. It was agreed in terms ...
Tag this Judgment!Court : Rajasthan
Reported in : 1998(1)WLN389
V.S. Kokje, J.1. The petitioner who was the official candidate of the Indian National Congress in the last assembly elections held in the year 1993 from the Parbatsar Assembly Constituency No. 197 of the Rajasthan Legislative Assembly has challenged the election of respondent No. 1 who was the official candidate of the Bhartiya Janta Party at that election.2. The election petition raised three grounds for setting aside the election. Firstly it was alleged that the election of respondent No. 1 was liable to be declared void on account of improper acceptance of nomination paper of respondent No. 1 on account of which result of the election was materially affected. Secondly, it was alleged that the election of respondent No. 1 was materially affected on account of improper rejection of votes of the petitioner and improper inclusion of votes cast in favour of the petitioner in the number of votes cast in favour of respondents No. 1 and 2, Thirdly, it was alleged that the election of respon...
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLC63; 2000(2)WLN23
..... sanjiv meena, hari ram yadav, ganpat sen and some others had abducted his brother. crime no. 81/99 under section 365 ipc was registered at police station vidhan sabha on the basis of this report and investigation was commenced.4. the investigating officer was still busy in collecting information regarding the telephone wherefrom ..... a respectable family which held high reputation in the society, that the father of the petitioner was one of the senior most officers of the indian police service, presently posted as director general, civil defence and commandant general home guards, rajasthan, jaipur; that after having finished his studies and established himself ..... offence must get converted into 'reasons to believe' with regard to his involvement in the commission of such offence. some incriminating evidence collected by the police officer or incriminating circumstance appearing in the course of investigation against the accused may make the basis of his 'reasons to believe' with regard to .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)497
N.P. Gupta, J.1. These 11 appeals arise in almost identical circumstances, rather except Appeal No. 119, all ten appeals arise in exactly identical circumstances.2. Appeal Nos. 94, 99, 100, 101, 131 of 2005, and Appeal No. 1/2006 arise out of the common order of the learned ITAT dt. 10.8.2004, allowing the appeals of the assessee for the assessment years 1986-87 to 1991- 92, setting aside the impugned orders of the Assessing Officer, and the Commissioner, and directed the Assessing Officer to compute the income from the house property, on the basis of the actual rent receipt, obviously to compute it in the year it was received.3. Then, Appeal Nos. 26, 84, 85 of 2006 and 45/2007 arise out of the common judgment of the learned ITAT dt. 5.5.2005, for the assessment years 1992-93, 1993-94, 1994-95, and 1996-97 partly allowing the appeals, and holding, that the receipt of arrears of rent, and enhanced rent, are taxable only in the relevant period when it is received, and thus setting aside ...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(3)Raj1713
..... tribunal which quashed the said transfer on the ground of malice of the chairman of the tribunal did so against the material on record and the facts beyond controversy which borders of judicial impropriety.50. the writ petitions filed alleging malafide against the respondents are dismissed for the reasons noticed in this judgment.(2) the writ petitions filed pleading that there .....
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