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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 1998 Page 1 of about 66 results (0.009 seconds)

Feb 27 1998 (HC)

Union of India (Uoi) and ors. Vs. Girdhari Lal and Etc.

Court : Rajasthan

Decided on : Feb-27-1998

Reported in : AIR1998Raj240; 1998(3)WLC76; 1998(1)WLN216

..... that the arbitral tribunal remains within the limits of its jurisdiction; (iv) to minimize the supervisory role of courtsin the arbitral process: (vi) to permit an arbitral tribunals to use mediation, conciliation or other procedures during the arbitral proceedings to encourage settlement of disputes; (vii) to provide that every final arbitral awardis enforced in the same manner as if it were .....

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Sep 09 1998 (HC)

Kesara Ram (Since Deceased) and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Sep-09-1998

Reported in : 1999CriLJ1451

a.s. godara, j.1. this appeal is directed against the judgment and order dated 21-12-95 passed by the learned addl. sessions judge, phalodi in sessions case no. 4/93 (141/88) whereby the accused-appellants have been convicted and sentences as under :--------------------------------------------------------------------------------(1) kesara ram (since de- (i) under section 147, i.p.c. one year's r. i. ceased) (ii) under sections 302/149 i.p.c. l.i. and a fine of rs. 1000/- and, in default of payment of fine, 6 months' s.i. (iii) under section 323, i.p.c. 6 months' r.i. and a fine of rs. 1000/- and, in default of payment of fine, 6 months' s.i. (iv) under section 379/149, i.p.c. 6 months' r.i. and a fine of rs. 1000/- and, in default of payment of fine, 6 months' s.i. 2. bhura ram (i) under section 147, i.p.c. one year's r.i. (ii) under section 302, i.p.c. l.i. and a fine of rs. 1000/- and, in default of payment of fine, 6 months' s.i. (iii) under section 323/149, i.p.c. 6 months' r.i. and a fine of rs. 1000/- and, in default of payment of fine, 6 months' s.i. (iv) under section 379/149, i.p.c. 6 months' r.i. and a fine of rs. 1000/- and, in default of payment of fine, 6 months' s.i. 3. (a) mula ram (i) under section 147, i.p.c. one years's r.i. (b) sohan lalo @ (ii) under section 302/149, i.p.c. l.i. and a fine of hanumana ram rs. 1000/- and, in default of payment of fine, 6 months' s.i. (c) bhanwar lal (iii) under section 323/149, i.p.c. 6 months' r.i. and a fine of rs. 1000/- .....

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Feb 02 1998 (HC)

Sukhpal Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-02-1998

Reported in : AIR1998Raj103; 1998(1)WLN118

orderb.s. chauhan, j. 1. the instant writ petition has been filed against the judgment and order dated 29-11-1992 contained in annexure-3 to this writ petition, which has been passed by the board of revenue (respondent no. 2) rejecting the revision filed by the petitioner against the order of therevenue authority dated 31-1-1992 containedin annexure-p.2 to the petition passed on hisapplication under order 7, rule 11 of the code of civilprocedure in the suit pending before the saidauthority. 2. the brief facts of the case, as revealed by the record, are that the petitioner-defendant arid respondent no. 3-plaintiff are real brothers and respondent no. 4 smt. gurdev kaur is their sister, their father ishar singh was holding a (sic) land in chak no. 5-mld (b), tehsil (sic) district sri ganganagar, who died on 12-11-1987. the petitioner-defendant got the mutation of the whole land in his favour on the strength of a will purported to have been executed by his father ishar singh. the respondent no. 3 (plaintiff) filed a suit before the revenue authority under section 53 read with section 88 of the rajasthan tenancy act, 1955 (hereinafter referred to as 'the tenancy act'), wherein the allegations have been made as under :--(i) after the death of their father, their sister gurdeo kaur has relinquished her share in favour of the said brothers;(ii) partition took place between the petitioner-defendant and respondent no. 3 (plaintiff) which was verified and signed by the tehsildar and it .....

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Jan 23 1998 (HC)

Smt. Revti and ors. Vs. Board of Revenue and ors.

Court : Rajasthan

Decided on : Jan-23-1998

Reported in : 1998(2)WLC580; 1998(1)WLN86

p.p. naolekar, j.1. since common questions of law and facts are involved in both these petitions, they are being disposed of by this common order.2. respondents no. 4 and 5 tejaram and chawli are the son and daughter of decease plaintiff hanuman and the petitioners are legal representatives of deceased kanaram. admittedly, the property in dispute belonged to budharam, who had two sons narain and baluram. hanuman plaintiff was the son of narain and kana ram was the son of baluram. respondents no. 4 and 5 are legal representatives of hanuman and petitioners no. 1 to 12 are the legal representatives of kanaram.3. hanuman filed a suit for declaration of his title for half share, partition and separate possession of 46.2 bighas of land situated in chak 4 pbm, village padampura, tehsil suratgarh. the suit was filed on the allegations that after the death of budharam, the land devolved in equal share on his sons namely, narain and baluram. narain died in the year 1918 and his half share was mutated in the name of hanuman in the year 1928 and, therefore, he has half share in the property. in defence, it was alleged by kanaram that hanuman went in adoption in the year 1924-25 although the deed was registered in the year 1938 and, therefore, he had no right, title and interest in the suit property. all the three courts below have decreed the suit of the plaintiff hanuman, against which the present writ petition is being filed, which is registered as s.b. civil writ petition no. 461/94 .....

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Oct 13 1998 (HC)

Ganpat Lal and ors. Vs. State and ors.

Court : Rajasthan

Decided on : Oct-13-1998

Reported in : AIR1999Raj225

orderj.c. verma, j. 1. agriculture land in khasra nos. 396 and 397 measuring 15 biswas and 1 bigha 15 biswas respectively situated in village palsana belonged to the petitioner ganpatlal and chouth mal, father of the petitioners no. 2 to 5 and husband of petitioner no. 6. shri kanhaiyalal tambi, who was the father of petitioner ganpatlal and the deceased chouthmal and late shri jamunadas was elder brother of ganpatlal and late shri chouth mal. a school had been constructed by said shri kanhaiyalal and late shri chouthmal which was donated to the government in the year 1949. it is admitted fact that the school in the name of late shri kanhaiyalal tambi govt. secondary school, palsana, is still in existence. this school has now been upgraded from secondary to senior secondary. a donation deed was also executed in feb. 1971. the above said khasra no. 396 and 397 were abutting the buildings of the school. the school authorities required more land for the purpose of school ground, and, therefore, shri ganpatlal and late shri chouth mal were approached by the authorities for handing over these khasras to the school so that me boundary of the school be extended. the land abutted not only the school boundary but it was situated on the national highway. in lieu of the said land a proposal was made by the authorities to hand over a part of the land in exchange, to the said persons situated in khasra nos. 231 measuring 10 bighas. out of the said area of 10 bigha 10 biswas, 1 and 2 .....

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Feb 02 1998 (HC)

Sugan Chand Vs. Kheta Nath and ors.

Court : Rajasthan

Decided on : Feb-02-1998

Reported in : 1998CriLJ2668

ordera.s. godara, j.1. heard the learned counsel for the petitioner for final disposal of this petition at the admission stage itself.2. this petition by the complainant-petitioner has been preferred being aggrieved by the impugned order dated 4-9-97 passed by the learned add). chief judicial magistrate, ratangarh in cr. misc. case no. 14/97 while dismissing the petitioner's protest petition and accepting the final report no. 70 dated 30-10-96 filed by the police station, sujangarh.3. briefly stated the facts giving rise to this petition are that the complainant-petitioner as well as the accused non-petitioner nos. 1 and 2 are residents of sujangarh distl. churu. the petitioner lodged a written report before the collector, churu alleging therein that the land bearing khasra no. 431 measuring 23.13 bighas falling to the share of nathu ram is situated in gopalpura and half of this agricultural land falling to the share of nathu ram, who is kalbeliya and as such a member of scheduled caste, sold land measuring 11.13 bighas to smt. phooli devi widow of rughnath jogi and that smt. phooli devi has been described as kalbeliya (jogi) in the sale deed so executed and got registered on 9-1-76 before sub-registrar, sujangarh by the vendor nathu ram, who being a kalbeliya, is a member of scheduled caste and, accordingly in view of bar against sale, transfer and mortgage etc. by any member of scheduled caste or scheduled tribe under section 42 of the rajasthan tenancy act, the sale was ab .....

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Dec 02 1998 (HC)

Chimna Ram Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Dec-02-1998

Reported in : AIR1999Raj93; 1999(1)WLC397; 1999(1)WLN14

1. the appellant was elected chairman of the municipal board, pipar city in an election held on 29-8-95. there were at that time 25 wards of the municipal board and one member each was elected from these wards. a no confidence motion was brought by 14 members of the board on 14-5-97. under the law a no confidence motion has to be carried by 2/3 majority of the total number of members of the board. at the meeting at which the no-confidence motion was put to vote 15 members voted in favour of the motion expressing no-confidence against the appellant. an objection was taken at the meeting that two members had lost their membership because of exclusion of their wards from the municipal limits on publication of the notification in the extraordinary gazette in this regard. this objection was upheld and those two members were not allowed to vote. the no confidence motion was declared to have failed because 15 members only had voted in favour of the motion which did not constitute 2/3 of total number of the members of the board which was 23.2. smt. laxmi kachhawaha and mohd. khalid belim teli, two members who were disqualifiedfrom voting on the ground that their wards had been excluded from the municipal limits filed a petition before the learned single judge for a declaration that the no-confidence motion against the appellant was duly passed and he was not entitled to continue as chairman of the municipal board. the exclusion of the petitioners from the membership of the municipal .....

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Feb 12 1998 (HC)

Laxmi and anr. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Feb-12-1998

Reported in : AIR1998Raj147

orderp.p. naolekar, j. 1. the election of the municipal board pipar city was held on 28-8-1995 and 25 ward members were elected from different wards. the municipal board consist of 25 members. in the election respondent no. 5 shri chimna ram was elected as chairman of the municipal board, pipar city. out of 25 members, 14 ward members gave a written notice of their intention to make no confidence against the chairman. the sub-divisional officer. pipar city convened special meeting of the municipal board to consider no confidence motion brought by 14 members on 14-5-1997 at 11 a.m. in the office of the municipal board pipar city to he presided over by him. objection .was raised against the two ward members shri mohmmad khalid and smt. sahu devi that they ceased to be members of municipal board and therefore, they should he debarred from attending the meeting. the objection was accepted and they were debarred from attending the meeting. thereafter no confidence motion was taken up and 15 ward members have voted in favour of no confidence motion against the respondent no. 5, the chairman of the municipal board, pipar city. by impugned order the respondent no. 4 has declared that no confidence motion has failed. according to respondent no. 4, the total membership of the pipar city was 23 and, therefore, no confidence motion to be effective, has to be passed by 16 ward members. only 15 ward members have voted in favour of the no confidence motion against the respondent no.5 which .....

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Feb 27 1998 (HC)

Laxman Meena Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Feb-27-1998

Reported in : AIR1998Raj306; 1998(3)WLC672

ordergyan sudha mishra, j.1. the petitioner laxman meena who had been elected as sarpanch of gram panchayat chhoti udai in the district sawai madhopur has challenged the initiation of a proceeding by the chief executive officer, zila parishad, sawai madhopur for passing no confidence motion against the petitioner for which a notice was issued on 24-9-97 convening a meeting for the said purpose which was to be held on 14-10-97. 2. the grounds of challenge to the said proceeding are based on section 37 of the rajasthan panchayat raj act, 1994 read with rule 21 of the rajasthan panchayat raj rules. 1996 and the principal contention in this regard is that the meeting for the said purpose should not be allowed to be conducted since the very initiation of the proceeding has been done violating the mandatory procedure enumerated in the aforesaid provisions of the act. 3. the controversy therefore, which crops up for consideration in the case at hand is, whether a no confidence motion against an elected sarpanch can be allowed to be initiated and proceeded with on the plea that even though the procedure for such action has not been followed, the same should not be interfered with, ifultimately the motion has been carried through. 4. in order to test the correctness of this proposition, it is worthwhile to quote section 37 of the act in so far as, it is relevant for the purpose of this case, which is as follows :- '37.-motion of no-confidence in chairpersons and deputy chairpersons .....

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May 06 1998 (HC)

Rajasthan Communication Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : May-06-1998

Reported in : [2000]244ITR636(Raj)

j.c. verma, j.1. the petitioner, namely, rajasthan communications limited, is a government undertaking'. like any other assessee, the petitioner was required to file the income-tax returns. the petitioner did file the income-tax return for the year 1988-89 which was scrutinised and ultimately the petitioner was burdened with tax of rs. 13,77,878. the petitioner deposited a total amount of rs. 12,45,339 out of the tax and interest demanded as per the demand notice. under the provisions of section 273a(1) clauses (i) and (iii) read with clause (c), the petitioner had applied for waiver of the interest vide his application dated february 5, 1990, which application is attached as annexure-3 with the writ petition. it has been stated by the petitioner that because of circumstances beyond its control and because of certain financial strains, there was certain lapse on the part of the petitioner and a request was made to deposit the additional tax in instalments. it was further stated in annexure-2 that because of facing a tremendous financial strain, it was not finding it possible to fulfil the business commitments, because of the reason that the company had suffered heavily due to negligent manipulation and fraud committed by its ex-financial controller, the company had been put into loss. the company had narrated the circumstances and the reasons for filing the revised income-tax return and had prayed for waiver of the interest of the amount in regard to three counts, i.e., rs. .....

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