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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: rajasthan Year: 1991 Page 1 of about 48 results (0.010 seconds)

Mar 27 1991 (HC)

Derby Textiles Ltd. Vs. Mahamantri, Derby Textiles Karmachari and Shra ...

Court : Rajasthan

Decided on : Mar-27-1991

Reported in : (1994)IIILLJ528Raj; 1991(1)WLN256; 1991(2)WLN99

..... , the learned counsel for the appellant has submitted that the standing orders are framed on the basis of a tripartite contract, in which the state govt. also acts as a mediator between the employer and the employees or their unions and the certifying officer also the appellate authority are duty bound to see that standing orders are certified only when they .....

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Jul 26 1991 (HC)

Gyan Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jul-26-1991

Reported in : 1991(2)WLN454

milap chandra jain, j.1. this writ petition has been filed against the order (annexure5) of the deputy secretary, revenue (gr. 1) department, government of rajasthan, jaipur dated january 28, 1981 by which 1/5th of the pension payable to the petitioner has been with held under rule 170, rajasthan service rules. the facts of the case giving rise to this writ petition may be summarised thus.2. in the year 1974, the petitioner was tehsildar cum sub registrar, revdar (sirohi). 55 bighas 7 biswas of agricultural land situated in village harni amrapura tehsil revdar (sirohi) was sold by the khatedars devisingh, bhanwar singh and lal chand for rs. 20,000/-to pabudan singh, prabhu singh and bhagwan singh, sons of the petitioner, and three sale-deeds were presented before him for registration and they were duly registered. mutation of the said agricultural land was duly effected in their favour. on october 10, 1975, charge-sheet under rule 16, rajasthan civil services (classification, control and appeal) rules, 1958 was served upon him. the collector, sirohi was appointed as enquirying officer. after taking his reply, examining the nine witnesses of the department and hearing the presenting officer and the petitioner, the collector, sirohi gave his report on april 30, 1978 holding that all charges except one are proved. meanwhile, the petitioner retired on february 28, 1978. thereatfer, show cause notice annexure 1 was issued on october 31, 1979 by the deputy secretary revenue (gr. 1) .....

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Apr 08 1991 (HC)

Smt. Anand Kanwar Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-08-1991

Reported in : 1991(2)WLN35

inder sen israni, j.1. in all these 20 writ petitions, a common question regarding lands allotted to various petitioners, who are either ex-servicemen or their heirs, has been raised and a prayer has been made that each of the petitioners should not be dispossessed from the lands in their possession. therefore, all the above-mentioned petitions are decided by one order.2. for the sake of giving facts, which are generally common in all the petitions, reference of writ petition no. 240/83, filed by the petitioner hansraj, has been made. all the petitioners served in indian army and each of the petitioners has been given regiment no., & rank held by them. the petitioners were enrolled in december 1941-42 and served on active war front and were discharged in the year, 1944, after cessation of hostilities. during the war, many of the petitioners served abroad also. prior to april 7, 1949, there existed sovereign state of jaipur (briefly, the then jaipur state) and then his highness maharaja sawai man singh was the ruler of the said state, who wielded all sovereign powers vested in him. he appointed a representative committee to make recommendations for the purpose of rehabilitation of the ex-army personnel vide his order no. 1010/sc dated july 29, 1943. on the recommendations of the said committee, the then government of jaipur state took certain decisions vide order no. 584/sc dated may 20, 1944, which were published in jaipur gazette volume lxii no. 5393 dated june 1, 1944. in .....

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Apr 08 1991 (HC)

Smt. Anand Kanwar and Nineteen ors. Vs. the State of Rajasthan and ors ...

Court : Rajasthan

Decided on : Apr-08-1991

Reported in : 1992(1)WLC65; 1991(2)WLN318

inder sen israni, j.1. in all these 20 writ petitions, a common question regarding lands allotted to various petitioners, who are either ex-servicemen or their heirs, has been raised and a prayer has been made that each of the petitioners should not be dispossessed from the lands in their possession. therefore all the above-mentioned petitions are decided by one order.2. for the sake of giving facts, which are generally common in all the petitions, reference of writ petition no. 240/83, filed by the petitioner-hansraj, has been made. all the petitioners served in indian army and each of the petitioners has been given regiment no. & rank held by them. the petitioners were enrolled in december 1941-42 and served on active war front and were discharged in the year, 1944, after cessation of hostilities. during the war, many of the petitioners served abroad also. prior to april 7, 1949), there existed sovereign state of jaipur (briefly the then jaipur state) and then his highness maharaja sawai man singh was the ruler of the said state, who wielded all sovereign powers vested in him. he appointed a representative committee to make recommendations for the purpose of rehabilitation of the ex-army personnel vide his order no. 1010/sc dated july 29, 1943. on the recommendations of the said committee, the then government of jaipur state look certain decisions vide order no. 548/sc dated may 20, 1944, which were published in jaipur gazette volume lxii no. 5393 dated june 1, 1944. in .....

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Feb 27 1991 (HC)

Shiv Dayal Vs. State of Raj.

Court : Rajasthan

Decided on : Feb-27-1991

Reported in : 1991WLN(UC)535

farooq hassan, j.1. this appeal is directed against the judgment of special judge (acd) cases jaipur, by which, the learned judge found the appellant guilty for the offence under section 161 ipc and section 5(1)(d)(2) of pc act and passed two different sentences on the aforesaid two counts. both the sentences were ordered to run concurrently.2. the brief facts giving rise to this appeal are that at the relevant time accused shiv dayal was working as patwari in circle no 27 chainpura tehsil haroti in the year 1977. on 22.8.77 radhey shyam s/o bhonriga lal lodged a written report before dy. s.p. out-post sawai madhopur alleging therein that the government had allotted 3/12 bighas land through s d.o. of agriculture land in favour of informant's father bhonriya and patta was also granted to his father. but the mutation was not done by patwari even after repeated request for about 1-1/2 year. the accused has been avoiding to enter the mutation. on this his brother ram khilari submitted an application before tehsildar 8-10 days back from the date of lodging the aforesaid report and in that application it was prayed that the patwari be directed to enter the mutation and get the same attested. on this the tehsildar had written the orders was prayed and he same, was directed to be sent to the accused-petitioner along with the original application. the tehsildar also called the report within three days. this application was given dasti to ram khilari brother of the informant. thereupon .....

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Dec 16 1991 (HC)

Rajasthan State R.T.C. Vs. Ogam and ors.

Court : Rajasthan

Decided on : Dec-16-1991

Reported in : 1(1992)ACC736

rajesh balia, j.1. the short question which is raised in this special appeal is that while fixing the quantum of compensation on 'no fault liability' principle by the motor accidents claims tribunal in a case of death or permanent disability in a motor accident, whether the provisions as they existed on the date of death or the law as in force on the date when such quantum of compensation is determined, will be applicable.1 a. brief and undisputed facts which led to this special appeal are that one kana ram son of shri achala ram resident of village batadu the in a bus accident near village kawas district barmer on 19-5-89. the accident took place with a bus of rajasthan state road transport corporation. respondents no. 1 to 5 who include widow, mother, father and minor brother of the deceased kana ram filed a claim for compensation before the motor accidents claims tribunal somewhere in july, 1989 after the motor vehicles act, 1988, hereinafter referred to as 'the new act' had come into force. the claimants had made a claim for immediate award of rs. 25,000/- as compensation on the ground of 'no fault liability' as fixed by section 140 of the new act. this claim of the claimants was contested by the corporation on the ground that since accident has taken place on 19-5-89 before the commencement of the new act, the limit of 'no fault compensation' payable shall be only to the extent provided under section 92-a of the motor vehicles act, 1939, hereinafter referred to as 'the .....

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Dec 16 1991 (HC)

Rajastha State Road Transport Corporation Vs. Smt. Ogam and ors.

Court : Rajasthan

Decided on : Dec-16-1991

Reported in : II(1992)ACC600; 1992ACJ843; AIR1992Raj61; 1992(1)WLC356; 1991WLN(UC)351

balia, j. 1. the short question which is raised in this special appeal is that while fixing the quantum of compensation on 'no fault liability' principle by the motor accidents claims tribunal in a case of death or permanent disability in a motor accident, whether the provisions as they existed on the date of death or the law as is in force on the date when such quantum of compensation is determined, will be applicable. 2. brief and undisputed facts which led to this special appeal are that one kana ram son of shri achala ram resident of village batadu died in a bus accident near village kawas district barmer on 19/5/89. the accident took place with a bus of rajashtan state road transport corporation. respondents nos. 1 to 5 who include widow, mother, father and minor brother of the deceased kana ram filed a claim for compensation before the motor accidents claims tribunal somewhere in july, 1989 after the motor vehicles act, 1988, hereinafter referred to as 'the new act' had come into force. the claimants had made a claim for immediate award of rs. 25,000/-as compensation on the ground of 'no fault liability' as fixed by section 140 of the new act. this claim of the claimants was contested by the corporation on the ground that since accident has taken place on 19/5/89 before the commencement of the new act, the limit of 'no fault compensation' payable shall be only to the extent provided under section 92-a of the motor vehicles act, 1939, hereinafter referred to as 'the old .....

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Dec 12 1991 (HC)

Jagdishprasad Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Dec-12-1991

Reported in : 1991(2)WLN265

g.s. singhvi, j.1. this restoration application has been filed on behalf of the appellant with a prayer to restore the special appeal no. 14/90 to its original number.2. appellant, jagdish prasad had filed writ petition challenging the seniority list of inspectors gr. ii of devasthan department. the writ petition no. 587/79 filed by the appellant was dismiss by a learned single judge of this court vide order dated september 19, 1989. against this order of the learned single judge, special appeal was filed by the appellant under section 18 of the rajasthan high court ordinance, 1949.3. the appeal was listed in the court on 7.3.90 but the same could not be taken up for consideration when the special appeal was taken up on 19.11.1990 none was present on behalf of the appellant, although the case was called twice. upon this, the appeal was dismissed after examination of the legality of the order passed by the learned single judge. the division bench found that the order passed by the learned single judge did not call for interference in the special appeal.4. in the restoration application, it has been stated that the counsel for the appellant was not available in jaipur as he was out of station for the last one week. he came to jaipur only in the evening of 19.11.90 and he could not appear before the court on 19.11.1990 for the aforesaid reason.5. the question which arises for consideration is whether the application for restoration is at all maintainable when the special appeal .....

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Dec 11 1991 (HC)

Jaipur PolyspIn Ltd. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Dec-11-1991

Reported in : (1994)IILLJ917Raj

g.s. singhvi, j. 1. in this writ petition the petitioner, namely, jaipute polyspin limited, which is a public limited company, has prayed for the issuance of appropriate writ, order or direction for quash of the order dated april 13, 1990 (annexure-8), passed by the state government in exercise of its power under section 10(1)(d) read with section 12(5) of the industrial disputes act, 1947, whereby the government has referred for adjudication to the industrial tribunal, jaipur the dispute as to whether the profit and loss accounts of m/s. jaipur polyspin ltd., for the years 1982-83 to 1987-88 are correct and if not for which years the employees are entitled to bonus.2. the case set out by the petitioner company is that it is engaged in manufacturing of synthetic yarn at its factory in industrial area, ringus, district sikar. it started production in the financial year 1982-83 and from the beginning it is running in losses on account of market conditions, severe power cuts, labour problems and other troubles. it is a new company /establishment and is entitled to the benefits under section 16 of the payment of bonus act, 1965 (for short referred to as 'the bonus act'). there are two unions in the petitioner company, namely, rashtriya mill mazdoor sangh, reengus which is affiliated with indian national trade union congress and jaipur polyspin mazdoor union which is affiliated with c.i.t.u. the first union is a majority union and is recognised by the management. since the .....

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Dec 09 1991 (HC)

Mohammad Ismail Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Dec-09-1991

Reported in : 1993CriLJ1228; 1992(1)WLC754

navin chandra sharma, j.1. section 9(1)(b) and (d) of the foreign exchange regulation act, 1973, relevant for the purpose of this habeas corpus petition, is extracted below :9. restrictions on payments --(1) save as may be provided in and in accordance with any general or special exemption from the provisions of this sub-section which may be granted conditionally or unconditionally by the reserve bank, no person in, or resident in india, shall --(b) receive, otherwise than through an authorised dealer, any payment by order or on behalf of any person resident outside india.explanation: for the purposes of this clause, where any person in or resident in india receives any payment by order or on behalf of any person resident outside india through any other person (including an authorised dealer) without a corresponding in ward remittance from any place outside india, then, such person shall be deemed to have received such payment otherwise through an authorised dealer;(d) make any payment to, or for the credit of, any person by order or on behalf of any person resident outside india;2. the residential house of bashir khan detenu son of hazi noor khan of fatehpur (dist. sikar), was, on an information received, searched 25th jan., '91, by the officials of the central excise & customs, bikaner, and certain documents relating to 'hawala' payments were recovered and seized from his house. the officers of the customs, bikaner, also recorded his statements on 25th jan., '91, 26th jan., .....

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