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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 1984 Page 1 of about 47 results (0.009 seconds)

Jan 03 1984 (HC)

Daya Ram and ors. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-03-1984

Reported in : 1984WLN(UC)1

d.l. mehta, j.1. this appeal is directed against the judgment of the sessions judge, bhilwara dated january 29, 1980 in nessions case no. 57 of 1978 convicting the appellants daya ram, nanu. kalyan and onkar under section 147, 447, 323, 149 and 302 read with section 149 i.p.c. and convicting the appellant, khumana under section 148, 457, 322 read with section 149 302 and 149 i.p.c.2. the prosecution story unfolded during the trial is that deceased suraj mal purchased field nos. 646 and 647 situate in village gandpura from godu son of kalyan for a sum of rs. 2, 400/-vide registered sale-deed. it has also been urged by the prosecution that deceased suraj mal, who was cultivating the land, was in possession of the field at the relvant time. it his further been contended by the prosecution that the accused-appellants and nine others committed the criminal trespass with an intention to dispossess the deceased suraj mal from the field. it has further been urged that all the accused person & attacked one suraj mal & his son with lathi weapons. it has further been stated that khumana gave a fatal blow on the head of the deceased, suraj mal. suraj mal scumbbed to the injuries. the learned sessions judge, bhilwara, during the trial found the present appellants guilty and convicted them under sections referred to above. however, he acquitted other accused, who were charge-sheeted with the appellants, extending the benefit of doubt to them.3. as far as the question of the presence of the .....

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Mar 12 1984 (HC)

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Decided on : Mar-12-1984

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 question, as the model standing order's ideal, even in 1983 is clause 13 of pre-constitution origin of 1946 under which an employer can 'hire and fire' any permanent employee of 'status.'3. the legal debate now is multifacets but the triology is articles 14, 16 and 43a of the constitution. the precedent triology consists of motiram deka 1964-ii l.l.j. 467 of apex court - interpreted by murthys 1982-i l.l.j. 268 enunciation of karnataka and makalu 1983 lab. ic 350 of bombay with amarsing 1980-21 .....

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Feb 15 1984 (HC)

Kishansingh and 27 ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-15-1984

Reported in : 1984WLN(UC)29

p.k. banerjee, c.j.1. in these 28 writ petitions common questions of law and facts are involved and, therefore, they are being disposed of by a common order.2. these rules have been directed against the orders of revenue tehsildar holding the petitioners to be trespassers on the land and refusing to mutate the nemes of the petitioners in the record.3. the petitioners were allotted the land in question under the administration of evacuee property act, 1950 by the custodain, who is incidentally respondent no. 2, settlement-cum-managing officer (collector), sri ganganager and get sanads. therea ter a letter was sent to the tehsildar revenue, anoopgarh to mutate the lands of the petitioners. it is not stated in the petitions that when the applications for mutation were sent to the tehsildar, the petitioners received notices purporting (o be made under section 22 of the rajasthan colonisation act, 1954 and the petitioners put in appearance stating therein that the lands were not government lands and the same stand allotted to them vide sanad ex. i and they were allotted the land by the custodian department in pursuance to sanad issued to them by the custodian department. however, it appears that thereafter the petitioners came to know that they were declared trespassers over the lands in dispute, which are subject matter of these petitions. thereupon the petitioners got the copies of the orders and filed writ applications.4. it is alleged that the petitioners were allotted land by .....

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Dec 03 1984 (HC)

Commissioner of Income-tax Vs. Adarsh Gram Trust

Court : Rajasthan

Decided on : Dec-03-1984

Reported in : (1985)45CTR(Raj)251; [1986]159ITR41(Raj)

dwarka prasad, j. 1. this reference has been made under section 27(1) of the wealth-tax act, 1957, by the income-tax appellate tribunal, jaipur bench, jaipur, by its order dated august 22, 1972, referring the following question of law arising out of its order dated january 29, 1972, to this court for its opinion :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the net wealth of m/s. adarsh gram trust is exempt under section 5(1)(i) of the wealth-tax act in view of the objects mentioned in the notification no. 11, dated january 4, 1949 ?'2. the facts which have given rise to the aforesaid reference, are as under :before the merger of sirohi state with other states to form the bigger state of rajasthan, sirohi, was an indian state and the then ruler of sirohi issued the following notification no. 11, on january 4, 1949, which was published in the sirohi state gazette :'no. 11, ord. : with a view to promote manufacture of khadi, removal of untouchability, uplift of women and other constructive activities on the whole lines of mahatma gandhi's doctrines in the whole of the state and in order to found a self-sufficient 'adarsh gram' (model village) a sum of rs. 6,00,000 (rupees six lakhs) is hereby granted for the purpose and ordered to be deposited in a bank as fund of the 'adarsh gram' and constructive activities in the name of her highness pujya shree rajmata sahiba shree krishna kanverbha sahiba, maharaj shri abhey singhji .....

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Oct 19 1984 (HC)

Rajasthan State Road Transport Corporation and anr. Vs. Smt. Pista Aga ...

Court : Rajasthan

Decided on : Oct-19-1984

Reported in : 1985(1)WLN415

g.m. lodha, j.1. urbanisation with auto revolution is not unmixed good. accidents, death traps and blood baths are a few amongst other evil effects of it. one has to live dangerously. now the traditional facts.2. at about 9.30 p.m. on 16th july, 1978, a fatal accident was witnessed near niros restaurant, mirza ismial road, jaipur, girraj prasad agarwal was the unfortunate victim, who died on account of this accident.3. the deceased along with his nephew was coming towards niros restaurant on mirza ismail road, one of the busiest place in jaipur. the rajasthan state road transport corporation's bus no. rrg 1957 dashed against the said scooter causing this accident. it was being driven by mubarak ali, an employee of the corporation.4. the deceased was an electrical engineer having passed diploma in first division and was serving as manager in k.k. mills, jaipur, on a salary of rs. 1800/- per month. he was also partner in m/s. p.j. textiles and was getting share in profits. at the time of this fatal accident, the deceased was 32 years of age.5. the claimants widow of the deceased, daughter and sons and parents of the deceased filed a claim petition claiming rs. 13,29,860/-. the motor accident claims tribunal, jaipur after recording the evidence and hearing the arguments granted an award for rs. 2,75,000/- in all.6. both the corporation as well as the claimants have filed appeals and they have been heard together and are being decided by this common judgment, as jointly requested .....

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Oct 19 1984 (HC)

Rajasthan State Road Transport Corporation Vs. Pista Aggarwal and ors.

Court : Rajasthan

Decided on : Oct-19-1984

Reported in : 1(1985)ACC466

guman mal lodha, j.1. urbanisation with auto revolution is not unmixed good. accidents, death traps and blood baths are a few amongst other evil effects of it. one has to live dangerously. now the traditional facts.2. at about 9.30 p.m. on 16th july, 1978, a fatal accident was witnessed near niros restaurant, mirza, ismil road, jaipur, girraj prasad agrawal was the unfortunate victim, who died on account of this accident.3. the deceased along with his nephew was coming towards niros restaurant on mirza ismail road, one of the busiest place in jaipur. the rajasthan state road transport corporation's bus no. rrg 1957 dashed against the said scooter causing this accident. it was being driven by mubarak ali, an employee of the corporation.4. the deceased was an electrical engineer having passed diploma in it in first division and was serving as manager in k.k. mills, jaipur, on a salary of rs. 1800/- per month. he was also partner in m/s. p.j. textiles and was getting share in profits. at the time of this fatal accident, the deceased was 32 years of age.5. the claimants-widow of the deceased, daughter and sons and parents of the deceased filed a claim petition claiming rs. 13,29,800/-. the motor accident claims tribunal jaipur after recording the evidence and hearing the arguments granted an award for rs. 2,75,000/- in all.6. both the corporation as well as the claimants have filed appeals and they have been heard together and are being decided by this common judgment, as jointly .....

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Mar 13 1984 (HC)

Jal Singh Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Mar-13-1984

Reported in : 1984WLN437

g.m. lodha j.1. this is an appeal by accused jal singh against the judgment of sessions judge, alwar convicting the appellant under section 302 ipc for commiting murder of mewa w/o ram kishan.2. this case was listed today for the consideration of 5th bail application filed by jal singh. on a joint request made both by mr. tibrewal and mr. mathur that since the counsel for the accused is not intending to argue the case on merits as a whole and he is desirous of challenging only the conviction to the limited extent and is pressing for its conversion from section 302 ipc to section 304 ipc, the entire appeal may be heard and decided today. consequently, the appeal was heard on merits.3. it is not necessary to mention in detail the facts of the case becauase mr. tribrewal, learned counsel for the accused submits that he is not in a position to challenge the finding that it was jal singh who caused the death of mewa, but according to him although death was caused by jal singh by a 'farsha' yet the offence committed by him, in the facts and circumstances of the case, is culpable homicide and not amount to murder and the trial court has committed an error in convicting the accused for committing murder. in order to appreciate the submission of mr. tibrewal, it would be necessary to mention the facts which have been proved and which have not been challenged and which required short narration for understanding the case. firstly it requires taking notice of the fact that both deceased .....

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Mar 12 1984 (HC)

Nandlal Sharma S/O Pandit Ramdeo Vs. Chief Secretary, State of Rajasth ...

Court : Rajasthan

Decided on : Mar-12-1984

Reported in : 1984WLN161

g.m. lodha, j.1. in this contempt, a preliminary objection has been raised by shri s. b. mathur; appearing for the non petitioners that since the present one is a case under section 15 of the contempt of courts act, 1971, (hereinafter referred to as' the contempt of courts act'), no cognizance can be taken by this court unless either, proceedings are initiated by the high court itself, on its own motion or on a motion made by the learned advocate ceneral or, any other person with the consent in writing of the advocate general.2. shri mathur has referred us to section 15(1) of the contempt of courts act, which reads as under:15. cognizance of criminal contempt in other cases; (1) in the case of a criminal contempt, other than a contempt referred to in section 14, the supreme court or the high court may take action on its own motion or on a motion made by:(a) the advocate general, or(b) any other person, with the consent in writing of the advocate' general, or(c) in relation to the high court for the union territory of delhi, such law officer as the central government may, by notification in the official gazette specify in this behalf, or any other person, with the consent in writing of such law officer.3. shri nandlal sharma, the petitioner, present in person, confronted with the above, submitted that it is true that the present one is criminal contempt but, section 15 of the contempt of courts act is ultra-vires and it is not necessary to obtain the consent of the advocate .....

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Aug 10 1984 (HC)

The State of Rajasthan Vs. Sewak Ram and anr.

Court : Rajasthan

Decided on : Aug-10-1984

Reported in : 1984WLN(UC)265

g.k. sharma, j.1. sewak ram and smt. janki devi alias rukmanidevi were tried for the offences under sections 302/108 d 120b 1, ipc by the additional sessions judge no 2, jaipur city, jaipur for committing the murder of one pratap, so : of mulkbiram thusband of accused jankidevi), in pursuance of the conspiracy in between the two accused persons by administering poison to pratap, who held that the prosecution has failed to establish its case against the accused persons and acquitted both the accused persons of all the charges levelled against them.2. the state of rajasthan has preferred this appeal against the said judgment of acquittal.3. succinctly narrated, the facts of the case are, that on 1st august, 1972, laxminarain. a compounder in the s vis hospital, jaipur, telephonically informed the in-charge of police station manak chowk that pratap chsnd, son of mulkhiram had been brought to hospital and had been admitted in an unconscious state. he also informed that it was suspected that it was a case of poisoning. on receipt of this telephonic message, rimbahadur, as police station manak chowk, proceeded to sms hospital. but, when he reached the hospital, he found that pratap chand had breathed his last at about 7.30 pm. there, the asl prepared a panch-nama of the dead body of pratap chand, and requested for post-mortem examination and then submitted its report. the post-mortem report, nowever, did not reveal the cause of the death therefore, the viscera of tie deceased was .....

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Mar 29 1984 (HC)

Central India Machinery Mfg. Co. Ltd. Vs. the State of Madhya Pradesh ...

Court : Rajasthan

Decided on : Mar-29-1984

Reported in : 1985(1)WLN114

s.c. agrawal, j.1. this special appeal has been filed against the order of learned single judge dated november 3, 1983 whereby the writ petition filed the appellants was dismissed.2. m/s. central india machinery ., appellant no. 1 (hereinafter referred to as 'the cimmoo') carried on business of manufacturing railway wagons at bharatpur. the madhya pradesh state electricity board (hereinafter referred to as 'the electricity board') is an electricity board constituted under the provisions of the electricity (supply) act, 1948 (hereinafter referred to as 'the act'). the electricity board required wagons for the purpose of transporting coal for its amarkantak thermal power station and it invited tenders for supply of 20 wagons. the cimmco submitted its tender and the said tender of cimmco was accepted and an order for supply of 20 wagons was placed with the cimmco by the electricity board. there after another contract for supply of 30 wagons was placed by the electricity board with the cimmco in relation to kobra power project. according to the appellants the aforesaid contracts for supply of wagons which were entered into by the cimmco with the electricity board contain a wage escalation clause which provides for increase in price in the event of increase in wages in accordance with a prescribed formula. the case of the appellants is that the cimmco has supplied 46 wagons to the electricity board against both the contracts and although the electricity board has paid the price .....

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