Rajasthan Court October 1949 Judgments
Kishori Lal Vs. Rex
Court: Rajasthan
Decided on: Oct-31-1949
Reported in: AIR1950Raj15; 1950CriLJ499
ORDERAtma Charan, J.C.1. The applicant stands convicted Under Section 18(1) of Central Act, xxin [28] of 1931 and sentenced to undergo one month's simple imprisonment. The case of the prosecution was that on s, search being made of the house of the applicant a number of 'unauthorized news, sheets' were re. covered from his possession, and had been kept by him for purposes of distribution.2. The first point taken up in revision before the Court is that the documents in question are no 'news-sheets' within the meaning of Section S (6) of the Act which lays down that 'news-sheet' means any document.....containing public news or comments on public news or any matter described in Sub-section (1) of Section 4. The matter des-oribea in B. 4 (1)(d)is to bring into hatred or contempt Hia Majesty oe the Government established by law in British India or the administration of justice In British India or any class or section of His Majesty's subjects in British India, or to excite disaffection towa...
Tag this Judgment!Pirdan Jethmal Vs. Mt. Sarswati
Court: Rajasthan
Decided on: Oct-31-1949
Reported in: AIR1951Raj148
Gupta, J.1. This is judgment-debtor's S. A. in execution proceedings under Section 40, Bikaner Civil P. C. A decree was passed against the J. D. for Rs. 23-9-6 on account of rent & for eviction from a house occupied by the J. D. as a tenant of the decree-holder. The decree was passed by the City Munsif of Bikaner on 10-8-1948, & because there was no appeal therefrom, it had become final. The decree holder applied for execution of the decree on 15-10-1948. On 26-8-1949 i. e., more than five months alter the execution appln. was male & after taking several adjournments for vacating the house in question, the J. D. made an appln. that he was willing & ready to pay the decretal amount of rent & (not the amount of rent that had become due from him this date) that he may be allowed to deposit the same in Ct. for payment to the D. H. & that be may not be made to vacate the house & the execution appln. be struck of the file of the Ct. This request was not granted by the executing original Ct. ...
Tag this Judgment!Baga Bharti Vs. Sarkar
Court: Rajasthan
Decided on: Oct-27-1949
Reported in: AIR1950Raj10
1. These are two appeals by the accused Baga Bharti, one filed by him from jail and the other through his learned counsel Mr. Indernath Modi, and this judgment will dispose of both of them as they arise out of the same incident and the same judgment of the learned Sessions Judge. Baga Bharti was challaned under Section 302, Penal Code but the committing Magistrate recommended his discharge under that section and charged him under Section 304 (2), The learned Sessions Judge tried him under that section for causing the death of Heersingh and convicted and sentenced him to three years rigorous imprisonment. Two other persons were also tried by the learned Sessions Judge, namely, Parmanand Bharti under Section 323, Penal Code and Ganpat Bharti under Section 339, Penal Code, but both of them have been acquitted and in this appeal, we are not concerned with them.2. This case hails from the heart of the city of Jodhpur. The parties are close neighbours and have their houses situate almost opp...
Tag this Judgment!Nasir Ali Khan and anr. Vs. Government
Court: Rajasthan
Decided on: Oct-26-1949
Reported in: AIR1950Raj51
ORDERTrilochan Datt, J.1. These are two revision applications, No. 2029 of 1949, preferred by Alla Noor Khan accused and no. 201 of 1940 by Nazir Ali Khan accused, against the order dated 18-6-49 of the Magistrate, 1st Class, Chhabra, committing the accused to Sessions under section 120(b), 420, 409 & 109, Penal Code, Both the accused have prayed in their respective applications for quashing the committal order. These revisions have arisen out of the same case and they are disposed of by one single judgment.2. Nasir Ali khan accused was a Tehsildar in Tonk State, while Alla Noor Khan was a Patwari. At the time of the commission of the offence, Nasir Ali khan was acting as Nazim, Chhabra. Both the applicants were challaned under Sections 409 & 467, Penal Code, along with five others Abdul Majid Khan, Naimulla Khan, Muqrab Rehman Khan, Mohammed Shafi and Mohammed Amin, Abdul Majid Khan was a Nazim in the State and he was discharged by the Committing Magistrate. Naimulla Khan, Muqrab Rehm...
Tag this Judgment!Heersingh and ors. Vs. Raj.
Court: Rajasthan
Decided on: Oct-25-1949
Reported in: AIR1951Raj135
ORDERKaul, J.1. This is a revn. directed against an order of the learned Ses. J. Churu, confirming, in appeal, the convictions of the appcts. under Section 325, I.P.C. by the Munsif-Mag. Sardarsbahi. The Mag. had convicted thirteen accused persons, including the appcts. of an offence under Section 147, I.P.C. for rioting, sentencing each to 3 months R. I. On appeal the learned Ses. J. upheld the convictions of the present appcts. only under Section 325, I.P.C. while acquitting them as well as the remaining accused persons of the offence under Section 147, B. P.C. He, however, reduced the sentences of Hir Singh & Jasia accused persons from rigorous imprisonment to simple in view of their old ago.2. The case started on a report, made at Thana Sujangath, on 30 8-47 at 4 P. M. by Ganesha Brahmin & Sukharam Jat of Malusar alleging that, on the preceding night fifteen persons (named in the report), who were armed with guns & lathies broke into the house of Ganesha informant & after one of th...
Tag this Judgment!Dalu and anr. Vs. Khema and ors.
Court: Rajasthan
Decided on: Oct-25-1949
Reported in: AIR1951Raj132
ORDERSharma, J.1. This is pltf's. appln. for revn. of an order dated 19-7-1949 of the learned Munsiff Chittor Betting aside the ex parte decree dated 4-4-1949. The facts are as follows:2. The pltf. appct. filed a suit for recovery of possession of certain land against the non-appct. Summonses were issued & a report was made that the process server went to the houses of the defts. on 17-2-1949 but they had all gone out to some other village.The process server again went to the village of the defts. & on 4-4-1949, he personally served all the defts. except Hema with summonses. As regards Hema, his report was that he (Hema) had gone to Udaipur and therefore the copy of the plaint was affixed to his house. The case came on for hearing on 4-4-1949 & because none of the defts. appeared it was decreed ex parte. The defts., however made an appln. for restoration on 29-4-1919 on the ground that they were not properly served with summons. The learned Munsiff held that all the defts. except Hema ...
Tag this Judgment!Mt. Nojali Vs. Sarkar
Court: Rajasthan
Decided on: Oct-20-1949
Reported in: AIR1950Raj5
1. This is an appeal by the accused Mt. Nojali, wife of Durga Jat against the judgment of the learned Sessions Judge convicting and sentencing her under Section 302, M. P. C. to rigorous imprisonment for life for causing the death of Idan, sou of Karnia, Jat, a lad of 8 years of age, on the morning of 6th May 1939.2. The houses of Karnia and Mt. Nojali are situate doge to each other and it appears that the deceased Idan used to go to the house of Mt. Nojali to play with her son Kana who was of the same age. The prosecution story is that on the morning of 6th May 1948 at about 8 O clock, Idan went to Nojali'a house but never came back. In the evening when Karnia, father of the deceased, came home, the latter a mother informed him that Idan was not present. Karnia went to the Kot and informed the Hawaldar P. W. 2 Sbankerlal of this fact. Shankerlal accompanied by P. W. 4 Kalyansingh, P. W. 6 Rambuxsingh, P. W. 7 Bhuria and two other persona came to Nojali's house and inquired from her wh...
Tag this Judgment!Manakchand Vs. Samsingh and anr.
Court: Rajasthan
Decided on: Oct-19-1949
Reported in: AIR1950Raj4
Bapna, J.1. This is a second appeal by the plaintiff in a suit for damages. The appellant sold a she-buffalo to the respondent in Section 1995. There was a calf which the appellant did not include in the sale. According to the plaintiff it was agreed on Kartik vad 13 Section 1995 that the calf should be taken over by the respondent to be returned to the appellant when the she buffalo would calve again and on failure to do so would pay Rs. 25 by the latest on Kartik Sud 13 Section 1996. On failure to pay on the appointed date, the amount was to carry interest at 34 per cent per annum. The suit was filed on 23rd February 1945 corresponding to Fulgun Sud 18/2001 for recovery of Rs. 50 The defendant admitted having purchased the buffalo but denied the remaining allegations and the execution of the agreement The trial Court decreed the suit for Rs. 33 but on appeal, the learned Sub-Judge held that the suit was barred by limitation. He accepted the appeal and dismissed the suit. 2. In this a...
Tag this Judgment!Bhanwar Singh and ors. Vs. Rama and ors.
Court: Rajasthan
Decided on: Oct-17-1949
Reported in: AIR1950Raj8
ORDERVerma, C.J.1. I have before me a recommendation by the District Magistrate of Nagaur that an order passed by a Magistrate of Parbatsar on 25th October 1943 be set aside.2. Kama, Sukha and Jetha filed an application under Section 147, Criminal P. C., in the Court of the Magistrate in question on 18 th September 1948 and alleged that they had a right of way across the field of Bhanwar Singh and Bhopal Singh, that the latter were interfering with their eight and that this dispute was likely to cause a breach of the peace. Bhanwar Singh and Bhopal Singh appeared before the Court in obedience to the process issued by it and submitted that there was a foot path across their field which could be used by Rama Sukha and Jetha, but that the latter wanted to take their carts across the field and this they were not entitled to do. Daring the pendency of these proceedings; Rama, Sukha and Jetha presented an application praying that an ad interim order be issued enabling them to carry their man...
Tag this Judgment!Balia and ors. Vs. Sarkar
Court: Rajasthan
Decided on: Oct-05-1949
Reported in: AIR1950Raj16
1. These are three connected appeals, NOS. 1.3 of 1949, and all of them will be disposed of by this judgment. Balia, Moolia and Ramla have been convicted and sentenced under Section 302, Penal Code, to rigorous imprisonment for life each for causing the death of Lalia, and under Section 894, Penal Code to 7 years rigorous imprisonment each for robbing him of his money and ornaments. Both the sentences have been made to run concurrently. The three appeals referred to above have been filed by them.2. Lalia deceased, a young man of 94 years of age, was resident of Mirpur in Bind and came to Aimer in search of a match for himself. He was wearing a few silver ornaments and had RS. 500 with him, He knew Balia of Gola in Ajmer Merwara and therefore visited him. Balia brought him to Sumel in Marwar and they stayed with Ramla for 5 or 6 days. Moolia who cultivates a bera in this village also joined them and the deceased is alleged to have eaten 'Makkias' from his field a day before the occurren...
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