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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 1996 Page 1 of about 56 results (0.013 seconds)

Feb 16 1996 (HC)

Suresh Kumar Yadav Vs. Chiranjilal Yadav and ors.

Court : Rajasthan

Decided on : Feb-16-1996

Reported in : 1996(3)WLC303; 1996(1)WLN563

..... of rs. 5,000/- to the petitioner as it was expected of him to move a court of law, only after exhausting all the alternative remedies including the intervention and mediation by the family assuming that the averments alleged by him are true. we accordingly direct the deputy registrar (judicial) of this court to pay the amount of rs. 5,000 .....

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May 06 1996 (HC)

Dhanna Lal and ors. Vs. State of Raj. and ors.

Court : Rajasthan

Decided on : May-06-1996

Reported in : 1996(2)WLN106

y.r. meena, j.1. by this writ petition under articles 226 & 227 of the constitution of india, the petitioners have prayed that the order of board of revenue be quashed.2. the petitioners are khatedar tenant of agricultural land khasra no. 272/2/2 measuring 28 bighas 6 biswas, situated in village itawa tehsil amer. on 6.2.79. the tehsildar amer moved an application before the additional collector, jaipur with an averment that on the settlement register of the village itawa for the year svt. 2011 to 2033 prabhat s/o balu meena is recorded as khatedar of the land khasra no. 272/2/2 measuring 28 bighas 6 biswas. in the year 1961, the khatedari of the land has been transferred in the name of dhanna, nanu and prabhat sons of harla, vide mutation no. 105 dated 25.11.1961.3. since the original khatedar of the land was a member of scheduled tribe, the subsequent transfer of khatedar in the name of dhanna, nanu and prabhat ahir hit by section 42 of the rajasthan tenancy act, 1955 [hereinafter to be referred as 'act, 1955'] and therefore, the mutation no. 105 dated 25.11.61 be quashed. the additional collector, jaipur issued notice to petitioners.4. the petitioners appeared before the additional collector, jaipur contended that the petitioners were cultivators of the land and the land was in their possession since the time immemorial and the name of prabhat meena was wrongly entered in revenue record. that was correct and the mutation no. 105 dated 25.11.61 was sanctioned in favour of .....

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Jan 31 1996 (HC)

The Topkhana Desh Grah Nirman Sahkari Samlti Limited Vs. the State of ...

Court : Rajasthan

Decided on : Jan-31-1996

Reported in : 1996(1)WLN580

v.k. singhal, j.1. a preiminary objection has been raised that the petitioner society has no locus standi to file the writ petition as neither the copy of the resolution has been submitted nor the copies of the agreement to sale on the basis of which the right is claimed have been filed and the writ petition is not maintainable as no title was transferred in favour of the society and even according to the averments made in the writ petition there was an agreement to sale only.2. mr. agarwal appearing on behalf of khatedars has submitted that there is no valid agreement to sale and civil suits are pending on the basis thereof.3. mr. mahendra singh on behalf of. rajasthan housing board stated that in the so called agreement with the rajasthan housing board, which was not approved by the state government, the society has filed the civil suit in the court of district judge for enforcement of the agreement. it is also submitted that the sale agreements are alleged to be executed in the year 1975 and no action was taken till 1982 which shows that the alleged agreements are fictitious documents as no khatedars would have given the possession and the petitioner would not have kept silent till 1982. even in the revenue record, there is no change and as such the petitioner has no right to file the writ petition.4. reliance has been placed on the decision of this court in the case of the krishna cooperative housing society ltd. v. rajasthan housing board, jaipur and ors. s.b. civil writ .....

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Jul 10 1996 (HC)

State of Rajasthan Vs. the Board of Revenue and ors.

Court : Rajasthan

Decided on : Jul-10-1996

Reported in : 1996(3)WLC426; 1996(2)WLN195

mukul gopal mukherji, acting c.j.1. this appeal is filed by the state of rajasthan through the secretary, revenue department impugning a judgment and order dated december 12, 1995 whereby a learned single judge dismissed the writ application filed by the state of rajasthan under article 226 of the constitution of india seeking to quash an order of the board of revenue dated november 5, 1990 as well as a decree passed by the assistant collector, nawa dated september 21, 1985. the learned single judge dismissed the writ application mainly on the ground of delay and further held that there was no infirmity in the order passed by the assistant collector as upheld by the board of revenue. hence the special appeal before us.2. admittedly, the land as recorded in khasra no. 622 measuring 2836 bighas 9 biswas situated in village nawa was entered as a government land in the revenue records, out of which a portion of 3 bighas was allotted to one lalaram in smt. year 2018 for three years. the settlement was given on account of the said lalaram being a landless person. on the basis of jamabandi entries the said lalaram sold this three bighas of land to respondent no. 2 nena ram son of mangilal jat on october 10, 1984 by a registered sale-deed. on the basis of the sale-deed mutation no. 998 was sanctioned in the name of nena ram by the tehsildar, nawa on april 17, 1985. the said respondent nena ram however filed a suit for declaration and injunction on september 3, 1985 against lalaram .....

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Jul 17 1996 (HC)

Amb Singh and anr. Vs. Sub-divisional Officer and ors.

Court : Rajasthan

Decided on : Jul-17-1996

Reported in : 1996(3)WLC431; 1996(1)WLN547

b. rarora, j.1. this appeal is directed against the judgment dated 8.1.86 passed by the learned single judge, by which the learned single judge dismissed the writ petition filed by the petitioner-appellants and maintained the order passed by the board of revenue.2. appellants amb singh and jai singh sons of shri moti singh, were recorded as co-tenants in the jamabandi of sarnvat years 2001 to 2005 with respect to 466 bighas 11 biswas of land situated in village sikwasra tehsil bhinmal district jalore. this land they inherited from their father. by way of partition dated 21.1.68 recorded in the bahi maintained by them, 261 bighas (equivalent to 40.95 standard acres) of the land came to the share of jai singh while 205 bighas 11 biswas of the land came to the share of amb singh. this partition was got registered in the office of the sub-registrar on 28.5.70. in pursuance to this partition, mutation was, also, sanctioned on 21.8.71 and necessary entries were made in the revenue records.3. both the brothers filed separate declarations under rule 9 of the rajasthan tenancy (fixation of ceiling of land) government rules, 1963 (hereinafter referred as 'the rules') before the sub- divisional officer, bhinmal for the determination of the ceiling area applicable to them. the sub-divisional officer, bhinmal, by his order dated 31.5.75 decided the petitioners' cases and determined the ceiling area applicable to them. the sub-divisional officer recognised and accepted the partition dated .....

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Dec 12 1996 (HC)

Roshan Lal Vs. State of Raj.

Court : Rajasthan

Decided on : Dec-12-1996

Reported in : 1997(1)WLC554; 1996(2)WLN474

m.a.a. khan, j.1. by his impugned judgment and order dated october 15, 1992 the learned sessions judge. byana, distt- bharatpur has confirmed the conviction of sentence of the petitioner for the offences under sections 420 and 467 i.p.c. on the basis of following facts--the petitioner was the recorded tenant of khasra plot nos. 1332 admeasuring 3 bighas. 17 biswas and 1333 admeasuring 4 bighas 19 biswas situate at weir. hadain patti. distt-bharatpur. it was alleged that the petitioner had mortgaged the said land, alongwith some other lands with the state bank of bikaner and jaipur at bharatpur on 13.11.1969 to secure a loan of rs. 7,000/-. however, on 26.5.1971 the petitioner sold the aforesaid land to pw-3 jagdish prasad for a consideration of rs. 10,500/-and also delivered the possession thereof to the purchaser. it appears that the state bank of bikaner and jaipur had unsuccessfully proceeded against the petitioner in the year 1972-73 for recovery of its loan. in the year 1976 pw-3 jagdish prasad filed a report with police station. weir alleging therein that the petitioner had concealed the fact of his having mortgaged the land to the bank before selling the same to him. on the basis of the report of pw-3 jagdish prasad a case under section 420 ipc was registered against the petitioner and one ratan lal patwari (since deceased). both were charge- sheeted. since ratan lal patwari died during the pendency of the case, the learned magistrate tried the present petitioner for .....

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Mar 11 1996 (HC)

State of Rajasthan and ors. Vs. Prakash Chandra and ors.

Court : Rajasthan

Decided on : Mar-11-1996

Reported in : 1996(3)WLC585; 1996(1)WLN212

b.r. arora, j.1. these three appeals arise out of the judgment dated 31.7.95 passed by the learned single judge, by which the learned single judge allowed the writ petitions filed by the respondent-petitioners, set-aside the orders of termination of their services and directed the appellants to allow the respondents to continue in service as they were appointed after due selection under the rules.2. the respondents' (petitioners in the writ petitions) case as set-up in the writ petitions, is that in pursuance to the advertisement dated 5.7.93 issued by the district education officer, rajasamand, they applied for the post of lab. boys/class iv servant in various schools in rajsamand district. they were called for interview. the interviews were held on 9.9.93 . they were selected and were given appointments as lab. boys in the pay scale of rs. 775-1025/- by the appointment orders issued on 10.9.93, 11.9.93, 13.9.93, 14.10.93, 21.11.93 and 26.11.93. they were appointed on temporary basis for a fixed term, i.e., upto 31.3.94, which was extended upto 30.4.94. no order for extending the services of the respondents was thereafter issued and they were relieved from service on 30.4.94 and in some cases thereafter but before 14.5.94. the respondent-petitioners challenged the orders of termination of their services in the writ petitions.3. the learned single judge, by his judgment dated 31.7.95 allowed the writ petitions filed by the petitioner-respondents, set-aside the orders of .....

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Dec 05 1996 (HC)

Chatar Lal Vs. Motor Accident Claims Tribunal

Court : Rajasthan

Decided on : Dec-05-1996

Reported in : 1997(1)WLC560; 1996(2)WLN322

r.r. yadav, j.1. heard.2. perused the order impugned dated 3.10.1996 passed by motor accident claims tribunal, rajsamand rejecting the application of the petitioner for leave to withdraw rs. 50,000/- deposited in his fixed deposits account no. 19368 in the bank of baroda, nathdwara district rajsamand for purposes of solemnising marriage of his graduate daughter miss deepika aged about 22 years with anil son of shri onkar lal chaplot resident of fateh nagar sanward district udaipur scheduled to be solemnised on 12.12.1996.3. the impugned dated 3.10.96 has been challenged by the petitioner by way of filing the instant revision without disclosing the provisions either under the motor vehicles act, 1988 or the rules framed thereunder.4. learned counsel for the revisionist urged before me that the district judge who functions as a claims tribunal under the motor vehicles act, 1988 is not only within the administrative control of the high court but also subordinate to it under section 115, c.p.c., therefore, the aforesaid impugned order passed by the motor accident claims tribunal is revisable under section 115, c.p.c. in support of his aforesaid contention, he placed reliance on a decision rendered by the division bench of this court in case of darshan singh v. ghewar chand and ors. reported in .5. a close scrutiny of the decision rendered by the division bench of this court in case of darshan singh (supra) reveals that the mandatory provision envisaged under section 169 of the .....

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Mar 27 1996 (HC)

State of Rajasthan and ors. Vs. Jaipur Hosiery Mills (Pvt.) Ltd. and o ...

Court : Rajasthan

Decided on : Mar-27-1996

Reported in : AIR1997Raj10; 1996WLC(Raj)UC700

arun madan, j 1. this second appeal has been preferred by the appellants against the judgment and decree dated 12th january,1982 passed by additional distt. judge no. 2, jaipur city, jaipur, in civil appeal no. 211 of 1977 whereby he partially confirmed the decree dated 3-5-1977 passed by additional civil judge, jaipur city, jaipur in civil suit no. 46/1976 for declaration, injunction and damages.2. facts giving rise to the filing of this appeal, briefly stated, are that plaintiff-respondent no. 1 m/s. jaipur hosiery mills pvt. ltd. was assessed to sales tax by the commercial tax officer, special circle-11, jaipur (for short c.t.o.). the assessment orders for the years 1963-64 to 1967-68 were passed on 5-9-1972 vide exs. 41 to 45 on the record. the respondent did not challenge the assessment orders passed by the c.t.o. in appeal or revision nor it took any appropriate proceedings within the rajasthan sales tax act but instead filed a regular suit in the court of civil judge, jaipur, city, jaipur challenging the legality of the assessments orders on various grounds. the grievance of the respondent was that the assessment orders have been passed in violation of provisions of sales tax act and in defiance of stay order passed by a higher tax authority. the respondent also alleged that since he was not a hosier, the order of c.t.o. to the effect that he was a hosier, was illegal and further no assessment proceedings could be initiated and finalised against the respondent. the .....

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Jan 09 1996 (HC)

Saraf Textile Workers Union Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-09-1996

Reported in : [1997(75)FLR445]; (1996)IILLJ841Raj

orderarun madan, j.1. the petitioner which is a registered trade union, espousing the cause of the aggrieved workman, has moved to this court by the instant writ petition through its general secretary shri madan singh, contending inter-alia that the petitioner is a union of the workmen employed in the industrial establishment of m/s saraf textile industries ltd., sanganer, jaipur - respondent no. 2, which is affiliated to the rajasthan trade union kendra, jaipur. a charter of demands dated july 28, 1988 on behalf of its workmen was submitted to the management of respondent no.2 vide annex-1. the demands were to the following effect:1. the services of all the workmen should be regularised and the workmen who have been removed from service should be taken back to duty. 2. the increase of wage @ 35% be given to the piece rated workmen. 3. 25% increase be given in wage to those workmen who are employed at the fixed rate. 4. dearness allowance @ re. 1.50 per point be given to the workmen as per consumer index for jaipur and ajmer and this benefit should be extended with effect from august, 1988. 5. the workmen should be given medical allowance of rs. 50 per month. 6. the workmen should be supplied two cakes of soap per month. 7. the workmen should be given two uniforms in each year. 8. all the workmen should be given p.l. & c.l. benefit and should also be given atleast 12 gazetted holidays in a year as per rules. 9. all the workmen should be given overtime allowance. 10. the .....

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