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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: rajasthan Year: 1993 Page 1 of about 29 results (0.012 seconds)

Jan 07 1993 (HC)

Hari Singh Vs. Ram Kumar and ors.

Court : Rajasthan

Decided on : Jan-07-1993

Reported in : AIR1993Raj204; 1993(1)WLC454

..... .w. 4. whereas the defendants have been examined themselves as ram pal as (d.w. 1) and shri humam singh (d.w. 2) and mularam (d.w. 3) who were mediators and responsible for the compromise between the parties. the learned trial court after hearing the arguments and considering the record of the case has come to the conclusion that some .....

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Feb 15 1993 (HC)

Hangami Lal and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Feb-15-1993

Reported in : 1993WLN(UC)105

rajendra saxena, j.1. heard.2. by the means of this writ petition the petitioners has prayed that the circular no. 2(4) raj./4/90/37 dated 13/12/1991. (annex. 4) issued by the dy. secretary to the government, revenue (gr. 6) department rajasthan. jaipur addressed to all the collectors be quashed and the respondents be directed not to dispossess the petitioners from the disputed land and not to restrain them from performing seva-puja of the deity of temple rikhebdeo situated in village antalia tehsil asind, district bhilwara.3. it is alleged by the petitioner that they are agriculturists by profession and are also pujaris of he deity of temply thakurji rikhebdeo and that agricultural land bearing khasra no. 603 measuring 19 bishwas and khasra no. 1242 measuring 8 bighas 3 bishwas situated in village antali has been recorded in the khatedari of the said deity and petitioner hangamilal has been shown as pujaris thereof. in jamabandis samvat 2036 to 2039 and 2041 to 2044, this land has been shown in the cultivatory possession of the deity through the pujaris. it is further alleged that the patwari by his certificate dated 19.6.1992 has testified that in kharif samvat 2049, this said land was cultivated by petitioner no. 2 prabhu dayal, who is the son of petitioner hangami lal, the pujari of the deity.4. the dy. secretary to the government, revenue (gr. 6) department by his circular letter dated 13.12.1991 (annex. 4) has impressed upon the collectors and the settlement .....

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Sep 14 1993 (HC)

Aad Ram and anr. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Sep-14-1993

Reported in : 1994(3)WLC569; 1993WLN(UC)359

rajesh balia, j.1. the petitioners are the khatedars of lands in square no. 54 and 55 and killas no. 1, 2, 4, 9 and 10 in square no. 61 of chak 23-hmh, tehsil-hanumangarh. the collector vide his order dated november 17, 1971 (annexure/1) sanctioned a way in favour of the petitioners through the land situated at stone n. 100/291 parallel to canal for going to aabadi of chak 23-22 hmh. in pursuance of the said order the way was opened and mutation was made in the revenue-records. the land admeasuring 5 bighas situated at no. 100/291 at chak no. 23 hmh was allotted to respondents no. 3 and 4 in december 1982.2. on june 17, 1983 on behalf of respondents no. 3 and 4 an application was moved before the s.d.o. hanumangarh alleging that the present petitioners, by securing cancellation of already existing way have got a new way sanctioned in their favour through their land and has opened its way on june 12, 1983. they prayed that the newly opened way be closed.3. in reply to the said application it was stated that the petitioners had got the way opened through the land in dispute long ago vide order dated november 17, 1971 passed by the collector, sri-ganganagar, who was competent authority in this regard and the way is in existence since then. after obtaining the allotment of land, through which the way existed in his favour, the applicants-respondents no. 3 and 4 had cultivated the same partly blocking the way, therefore, on june 12, 1983, the blocked way was got opened. the .....

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Jan 28 1993 (HC)

Foja Ram Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-28-1993

Reported in : 1993CriLJ2657; 1993WLN(UC)47

b.r. arora, j.1. this appeal is directed against the judgment dated may 30, 1985, passed by the sessions judge, jalore, by which the learned sessions judge convicted and sentenced the accused appellant foja ram for the offences under sections 302 and 324, i.p.c.2. the incident which led to the prosecution of the appellant took place on october 23, 1983, at about 7.30 a.m. in the house of the accused in village samrau where the accused appellant murdered his wife smt. sunder kaur. the report of the incident was lodged at police station, sanchore, by pw 4 harsan - the sarpanch of the village - at about 9.30 a.m. the case of the prosecution is that accused and the deceased used to quarrel with each other on flimsy grounds. the quarrel took place in the night of october 23, 1983, and in the morning, the accused took up a farshi and inflicted injury on the head of sunder kaur by asking that she administered poison to him in the night. the handle of the farshi broke and thereafter the accused took-up a lathi, which was lying nearby, and inflicted four more injuries on the head and neck of the deceased sunder kaur. sunder kaur succumbed to these injuries. the prosecution, in support of its case, examined ten witnesses. pw 1 popat is the son of the accused, pw 2 miss dadam is the daughter of the accused, pw 3 jetha is the milkman who was passing by the lane when the accused was giving beating to the deceased, pw 5 hansa and pw 6 bhanwar lal are the two eye witnesses of the incident, .....

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Jan 28 1993 (HC)

Jai Singh and anr. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Jan-28-1993

Reported in : AIR1993Raj177; 1993CriLJ2705; 1993(2)WLC1

k.c. agrawal, c.j.1. this full bench has been constituted to decide whether the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (no. 33 of 1989) (hereinafter to be referred to as 'the act') is ultra vires the constitution of india.2. for dealing with the arguments raised before us, it will be useful to refer the legislative history as well as the various sections of the act.3. before the present act was passed, the parliament had passed an act known as the protection of civil rights act, 1955' to prescribe punishment for the (preaching and practice of 'untouchability') for the enforcement of any disability arising there from and for matters connected therewith.4. the statement of objects and reasons appended to the bill of the aforesaid act was that the bill before the act was passed had been prepared in pursuance of article 17 of the constitution, by which untouchability was abolished and its practice in any form was forbidden.5. the hindus, who inform the majority, in our country, are divided into four varnas --namely, brahmins, kshatriyas, vaishyas and lastly shudras.6. the untouchability is a product of the hindu caste system. in hadibandhu behera v. banamali sahu (air 1961 ori 33 at 34): (1961 (1) cri lj 296), it was observed by his lordship r.l. narasimham c.j. on this aspect (at page 297 of cri lj) :'in view of this finding it is perhaps unnecessary to discuss the question of law as to whether ex-communication under the aforesaid .....

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Mar 10 1993 (HC)

Smt. Shyamu Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Mar-10-1993

Reported in : 1993WLN(UC)132

b.r. arora, j.1. this appeal is directed against the judgment dated may 31, 1985, passed by the sessions judge, udaipur, by which the learned sessions judge convicted and sentence the accused-appellant for the offence under section 302 i.p.c.2. the incident which led to the prosecution of the appellant smt. shyamu, took-place on 17.3.1984, at about 12.30. a.m. in the house of kachru situated in village parsola. the first information report of the incident was lodged at police station, parsola, on the same day at about 3.00 a.m. by one heera lal s/o shri ganpat - the brother of the deceased kachru. the case of the prosecution, as unfolded in the f.i.r. by heera lal is that at about 2.00 a.m. on 17.3.84, doongar teli came to his house and informed him that his elder brother kachru has been killed by someone, whereupon he alongwith doongar teli went to the house of his brother and saw the deadbody of his brother kachru lying near the door and a stone was lying on his mouth. on enquiry, his sister-in-law smt. shyamu informed him that some notorious person, after killing kachru, has ran away. thereupon he went to the house of amir mohammed - the ex-sarpanch of the village - and narrated him the incident. he, thereafter, came to the house of kachru and on enquiry, his sister-in-law smt. shyamu-the present accused appellant - informed him that some thieves came there, took away the she-buffalo as well as the box, tagari kadai, chhalni etc. the story given by the accused appellant .....

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Mar 10 1993 (HC)

State of Rajasthan Vs. Pink City (Trade Articles) Khudra Vikreta Sangh ...

Court : Rajasthan

Decided on : Mar-10-1993

Reported in : AIR1994Raj164; 1993(2)WLC485

singhal, j.1. this special appeal has been filed against the judgment of the learned single judge dated 6th august, 1992 wherein, the writ petition submitted under article 226 of the constitution of india was allowed and it was declared that the incharge of the various depot from where the kerosene was being sold to the members of the petitioner sangh are not bound to obey the verbal instructions/ directions of the district supply officer and that the members of the petitioner sangh cannot be deprived from purchasing kerosene oil from the various godowns and to deal in them as retailers under the licenses which are still valid.2. the submission of the learned additional advocate general is two fold namely; the grant of license does not confer any right on the respondents to procure the kerosene oil and the appellants are not bound to sale the same to the respondents and that it is a policy matter in which the court should not interfere and since no mala fide has been alleged or proved the directions given by the learned single judge are not in accordance with law.3. reliance has been placed on the decision of mohd. fida karim v. state of bihar, air 1992 sc 1191 wherein, it was held that 'it is also well settled that the right of vend of excisable articles is exclusively and absolutely owned by the state government. the government realised its mistake and thus adopted a new policy to augment its revenue and to avoid monopolistic tendency. there is nothing wrong in taking such .....

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Mar 10 1993 (HC)

Smt. Nirmla Arora Vs. Joint Registrar, Cooperative Societies and ors.

Court : Rajasthan

Decided on : Mar-10-1993

Reported in : 1993WLN(UC)127

rajendra saxena, j.1. heard.2. the petitioner's husband late shri gopikishan arora was working as store keeper in the jodhpur sahkari up-bhokta whole-sale bhandar ltd., jodhpur (hereinafter referred as bhandar) and his services were terminated by order dated 12th june, 1987 by the liquidator of the said bhandar. shri gopikishan arora expired on 30.7.1987. on the report of respondent no. 2, the joint registrar cooperative societies, jodhpur region, jodhpur (respondent no. 1) issued notice dated 17.12.1988 (annex. 2) under section 74(1) of the rajasthan cooperative societies act, 1965 (briefly the act) asking her to appear before him and to show cause as to why enquiry be not made in respect of the embezzlement of r89,275.02 alleged to have been committed by late shri gopikishan arora. the petitioner has contended that the notice ex. 2 is clearly without jurisdiction and unauthorised and has been issued in order to harass her and prayed that the same be quashed and the respondents be restrained from taking any action against her in pursuance of the said notice.3. no reply has been filed on behalf of respondent no. 1.4. the respondents no. 2 in his counter has asserted that for fixing any liability the impugned notice has been issued against the petitioner in the interest of justice because she is the legal representative of late shri gopikishan arora. it has been further asserted that in case it is found that shri gopikishan arora had himself misappropriated the fund of the .....

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Mar 10 1993 (HC)

Satyaveer Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Mar-10-1993

Reported in : 1993WLN(UC)138

b.r. arora, j.1. this appeal is directed against the judgment dated february 1, 1986, passed by the sessions judge, churu, by which the learned sessions judge convicted and sentenced the appellant for the offence under section 376 1pc2. the incident, which led to the prosecution of the appellant, took place on 15.10.85, at about 2.00 p.m. when kumari ratna (aged about 9 years) was raped by the accused-appellant in the rohi of kanak singh-the father of the prosecutrix. the incident was, also, witnessed by pw 3 ishwar singh and pw 5 fateh singh. the report of the incident was lodged at police station, hamirgrah, on 15.10.84, at 5.45 p.m. by shri kanak singh-the father of the prosecutrix. the case of the prosecution is that on 15.10.84, at about 2.00 p.m. kumari ratna had gone to graze her cattle. the accused, at about 2.00 p.m. came there and demanded water-mellon from her. she gave water-mellon to him. thereafter the accused caught-hold of her and committed rape upon her. ishwar singh (pw 3) and fateh singh (pw 5) were coming to their field from their house. when they reached near the field of kanak singh, they saw the accused having sexual intercourse with kumari ratna and he was biting her cheeks. kumari ratna was crying. on seeing this, ishwar singh and fateh singh raised an alarm, whereupon the accused ran away. inder singh, vinod singh and kaliyan singh, also, came there and on being informed the incident, they followed the accused, caught hold of him and handed him over .....

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Mar 19 1993 (HC)

Dinesh and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Mar-19-1993

Reported in : AIR1993Raj187

rajendra saxena, j. 1. aforementioned petitioners by means of these writ petitions filed under article 226 of the constitution of india have prayed that the office order dated 26/4/91, issued by the superintendent, associated group of hospitals, jodhpur (respondent no. 2) cancelling their admission in the radiographers training course, be declared illegal and quashed and the respondents be directed to treat them eligible for the said course and allow them to continue in the said course and to declare their result.2. since the facts of both the writ petitions are similar and identical points of law are involved therein, they are being disposed of by a common order.3. now briefly the facts. it is alleged that the petitioners passed uttar madhyama (intermediate) examination, 1990 in first division from the varanaseya sanskrit vishwa vidyalaya, varanasi with shanskrit, hindi, english, physics, chemistry and biology subjects vide their marksheets annex. 1.the state govt. through the director, medical health and family welfare services, raj., jaipur (respondent no. 1) by notification dated 23-7-90 (annex. 2) invited applications for radiographers training course and one of the eligibility condition was that the candidate should have passed first year of the three years degree course (t.d.c.) or 10 + 2 science (chemistry, physics and biology).4. in pursuance of the said notification, petitioner dinesh submitted his application and was selected vide office order dated 24-9-90. .....

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