Court : Rajasthan
Decided on : Jan-08-1992
Reported in : 1992(2)WLC56; 1992(2)WLN461
N.K. Jain, J.1. This first appeal is directed against the judgment and decree of the learned Addl. Dist. Judge, Sriganganagar whereby he has allowed the claim of the palintiff- respondent.2. In brief the facts of this case are that the apellant Life Insurance Corporation of India is a corporate body registered uner the L.I.C. Act, 1956. Deceased Baltej Singh got himself insured with the defendant No. 1 and 2 for a sum of Rs. 50,0007-. A policy No. 50763304 (Ex. A/3) was issued. His age was admitted in the policy. Deceased paid the instalments of the premium as per the policy till 17.2.82. It was stated that during the continuance of the policy Baltej Singh died on 27.10.82 but the insurance company has failed to give insurance money to the plaintiffs; the L.Rs. of the deceased and thus, they filed a suit. It was prayed that they are entitled for insurance money, bonus as per the terms of the policy alongwith interest. The defendant admitted the fact that Baltej Singh was insured but su...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-21-1992
Reported in : (1993)IILLJ961Raj
G.S. Singhvi, J. 1. In both these writ petitions a common question of law about the applicability of the Rajasthan Shops and Commercial Establishment Act, 1958 to the employees of the petitioner Bank, is involved and, therefore, I have considered it proper to dispose them of by a common order.2. Briefly stated the facts of Writ Petition No. 4088/89 are that the non-petitioner No. 2 filed an application before the Prescribed Authority, Rajasthan Shops and Commercial Establishments Act, 1958 for Sikar District on March 30, 1989 alleging that he was in the employment of the Sikar Central Co-operative Bank Ltd. (hereinafter referred to as the 'Petitioner Bank'), w.e.f. January 1, 1979. He had remained posted as Manager and there was no complaint against his work. He was removed from service on March 8, 1989 without any notice and without payment of salary in lieu of notice. No enquiry was held against him before termination of service and no opportunity of hearing was afforded to him. He c...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-21-1992
Reported in : 1992(1)WLC452; 1992(1)WLN500
G.S. Singhvi, J.1. In both these writ petitions a common question of law about the applicability of the Rajasthan Shops and Commercial Establishment Act, 1958 to the employees of the petitioner Bank, is involved and, therefore, I have considered it proper to dispose them of by a common order.2. Briefly stated the facts of Writ Petition No. 4088/89 are that the non-petitioner No. 2 filed an application before the Prescribed Authority, Rajasthan Shops and Commercial Establishment, Act, 1958 for Sikar District on 30-3-89 alleging that he was in the employment of the Sikar Central Cooperative Bank Ltd. [hereinafter referred to as the 'Petitioner Bank'), w.e.f. 1-1-79. He had remained posted as Manager and there was no complaint against his work. He was removed from service on 8-3-89 without any notice and without payment of salary in lieu of notice. No enquiry was held against him before termination of service and no opportunity of hearing was afforded to him. He claimed that the provision...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-27-1992
Reported in : 1992(2)WLC90; 1992(2)WLN464
M.B. Sharma, J.1. The dispute relates to M/s J.T. Precision Castings Pvt. Ltd. (for short, Private Company) respondent No. 2 and the petitioner, an Ex-Director of the Company has prayed that this Court may declare that the re-entry effected by the Rajasthan State Industrial and Mineral Development Corporation (for short, the Corporation), now converted into Rajasthan State Industrial Development and Investment Corporation (RIIC) O, in the factory of the Private Company is ilegal and the Corporation be ordered to hand over the possession of the factory to the Private Company and it be further ordered to pay compensation to the petitioner.2. The necessary facts for the disposal of this writ petition are these. The Corporation is a company under the Companies Act, 1956 and it was incorporated under the aforesaid Act on March 7, 1969. One of the objects of the corporation was to promote, establish and execute industries, projects or enterprises for manufacture and production of goods, plan...
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1992
Reported in : 1994ACJ571; 1992(2)WLC344
R.S. Kejriwal, J. 1. These three appeals arise out of a common judgment dated 17.1.1992 given in Appeal No. 318 of 1988 (Ramanand v. Lalita Sharma), S.B. Civil Misc. Appeal No. 341 of 1988 (Lalita Sharma v. Ramanand) and S.B. Civil Misc. Appeal No. 368 of 1988 (K.C. Agrawal v. Lalita Sharma).2. Briefly stated, the facts of the case are that respondent Nos. 2 to 7 filed a claim petition before the Motor Accidents Claims Tribunal, Jaipur, against the appellants, National Insurance Co. Ltd., New India Assurance Co. Ltd., Jaipur and Ramanand, Sita Ram, Kailash Chand and Sagar Singh in relation to the death of Gopal Lal which was caused on 9.9.1982. Gopal Lal was working in the Sheep and Wool Department. He was going on a bicycle at a normal speed on the correct side of the road. When he reached near Lal Kothi, Tonk Road, bus No. RRL 1924, owned by Kailash Chand Agrawal, which was being driven rashly and negligently by Sagar Singh, hit the deceased cyclist from behind. As a result of the im...
Tag this Judgment!Court : Rajasthan
Decided on : May-13-1992
Reported in : (1993)ILLJ766Raj; 1992(1)WLN389
J.R. Chopra, J.1. These five writ petitions raise common questions of law and so, they were heard together and are being disposed of by a common judgment.2. Briefly stated, the facts of each case are as follows:(1) Radheshyam's case: (D.B. Civil Writ Petition No. 907/87). It has been contended by the petitioner that he was appointed as L.D.C. w.e.f. December 1, 1985, on daily wages basis @ Rs. 15/- per day and he was allowed to continue till May 4, 1986. Thereafter, he was again appointed as L.D.C. with effect from May 5, 1986 for a period of three months on daily wages basis @ Rs. 15/-per day and he was allowed to continue up to October 6, 1986. Thereafter, his services were terminated. Again, he was appointed as L.D.C. on daily wages basis @ Rs. 15/- per day with effect from February 2, 1987 to February 28, 1987 through Employment Exchange vide order Annexure-2 dated January 30, 1987. He has, therefore, contended that he was continuously remained in service with effect from December ...
Tag this Judgment!Court : Rajasthan
Decided on : Jun-05-1992
Reported in : 1992(62)ELT17(Raj)
M.R. Calla, J.1. The petitioners in these six writ petitions are carrying on the trade of manufacturing and sale of yarn and non-worsted yarn having factories at Alwar in the State of Rajasthan, at Amritsar, Panipat (Haryana) and village Dhoom Manikpur in the district of Ghaziabad in the State of U.P. etc. Through these writ petitions, order or directions as under have been sought :-(1) Quashing of the Item 221(2), Item 29(iv ) Appendix 6 of the Import and Export Policy 1990-93 and Item 17(iv) and 25 of the Order No. 1/90-93 OGL No. 1/90, dated 30-3-1990.(2) To allow the petitioners to import the goods namely Woollen Rags, synthetic rags and shoddy wool through the Inland Container Depot, Sanganer.(3) Quashing of the Public Notice No. 11/88, dated 18th April, 1988, or any other public notice that may be issued in this behalf impost similar restrictions as to the required standard of mutilation, by the Customs Collector, Delhi and declaring the application of the same imports made throu...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-24-1992
Reported in : 1992WLN(UC)442
..... section 21 of the indian penal code.13. in the case of life insurance corporation of india, the structure of the corporation indicated that it was an agency of the central government carrying on the exclusive nationalised business of life insurance. each and every provision of the life insurance corporation act showed in no uncertain terms that the voice was that of the central government and the hands were also of the central government. the life insurance corporation was owned by the government. the life insurance business was nationalised and vested in the corporation. no other insurer could carry on life insurance business. the management was by the government. the dissolution of the corporation could be only by the government.14. the industrial finance corporation ..... of the state government under section 159 of the said act, a code for regulating disposal of lands by putting to auction or considering the individual application. it was held to be 'state' within the meaning of article 12 in the decision reported in : [1990]2scr826 .48. indian oil corporation was a statutory body incorporated under the companies act, 1956. it had a monopoly in ..... transitional provisions which authorised the government of india to nominate the board of directors and its president upto the maximum period of ten years. in terms of clause-43 (vi) of the by-laws, the iffco has the powers to appoint and remove the managing director, financial director and the marketing driector, subject to the prior .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-29-1992
Reported in : 1993ACJ1211; 1992(2)WLN620
S.N. Bhargava, J.1. These two appeals are directed against the award dated 12.9.1988, passed by the Judge, Motor Accidents Claims Tribunal, Jaipur, awarding a sum of Rs. 77,000/- as compensation payable to the claimants by respondent Nos. 1,2 and 3 (in appeal No. 333 of 1988) jointly and severally together with interest at the rate of 9 per cent per annum from the date of filing the claim petition till its payment. Therefore, they are being disposed of by this common judgment.2. As per the facts mentioned in S.B. Civil Misc. Appeal No. 333 of 1988, Daulat Ram, aged 24 years, was going home after his duties in the Secretariat and he was dashed by jeep No. RSL 5609 belonging to the Irrigation Department, Government of Rajasthan, which was being driven rashly and negligently by Kalyan Singh, driver. The claimants are mother of the deceased, wife of the deceased and daughter of the deceased who preferred a claim petition before the Motor Accidents Claims Tribunal, Jaipur (in short 'the Tri...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-07-1992
Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577
..... dealing with an order passed by the central government, in exercise of its appellate powers under section 111(3) of the companies act, 1956, quashed the appellate order of the central government and observed: 'if the central government acts as a tribunal exercising judicial powers and the exercise of that power is subject to the jurisdiction of this ..... and executive activity have reached very far and have touched very many aspects of a citizen's life. the government, directly or through the corporation set up by it or owned by it, now owns or manages a large number of industries and institutions. it is the biggest ..... rank has to be exercised by the authority which appointed the holder of the civil post. even in respect of persons to whom article 311 is not applicable, order of such punishment can be passed only by the appointing authority or the disciplinary authority. inquiry proceedings are normally not held by the disciplinary ..... holding that non supply of copy of the report will offend the principles of natural justice which constitute an integral part of the concept of rule of law. 43. having regard to the above discussion, i am clearly of the opinion that the amendment made in article 311(2) does not in any ..... of each member's contract of membership that he could not be expelled without a fair hearing. in a case where a member of mutual insurance society was purportedly expelled for suspicious conduct, but without hearing, it was held that the expulsion was absolutely void: wood v. .....
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