Rajasthan Court December 1949 Judgments
Kanhiya Lal Vs. Jamna Lal and ors.
Court: Rajasthan
Decided on: Dec-16-1949
Reported in: AIR1950Raj47
1. This is a second appeal by the plaintiffs Kanhiya Lal and Prahlad against the appellate decree of the learned District Judge Bhilwara upholding the decree of the learned Town Munsiff Bhilwara dismissing the plaintiff's suit for redemption of two Nohras and three shops situated in the town of Bhilwara, Jamna Lal, defendant 1 was made the principal defendant and Chhagan Lal and Panna Lal were also made defendants 2 and 3. The defendants Ganesh Ram and Andi Ram were also made defendants 4 and 5 on the allegation that defendant 1 had given the possession of one of the shops in dispute to them. It would be convenient to give the pedigree given by the plaintiffs in their plaint before proceeding any further. SANWAT RAM | Jagannath __________________________________|____________________________ | | | Kojodi Mal Janki Das Kishan Lal _________|______________________ ____|_____________ | | | | | Chhagan Lal Shivkaran Barwakaran Ramkaran Panna Lal (Defendant 2) | | (died Issueless) (Defendant...
Tag this Judgment!Sarkar Vs. Jalamsingh
Court: Rajasthan
Decided on: Dec-15-1949
Reported in: AIR1950Raj28
ORDER1. This is a reference by the learned District Magistrate observing that the learned Magistrate who convicted the accused under Sections 307 and 326 was not justified in giving him the benefit of Sections 562 (1) Criminal P. C., and recommending that the accused should be given a sentence of rigorous imprisonment instead.2. The accused is represented and the learned counsel on his behalf has argued that he is entitled also to show cause against the conviction of the accused under Section 307, Penal Code, The learned counsel obviously assumes that this is a case of enhancement of sentence and that accordingly under Section 439, Sub-section (6) it is open to him to show while opposing the motion for enhancement that the acaused had been wrongly convicted by the Court below. It may be pointed out that in a case under Section 562 (1), Criminal P. C., the Magistrate does not pass a sentence and merely directs the release of the accused on his executing a bond with or without sureties t...
Tag this Judgment!Kartar Singh Kishan Singh Vs. Raj.
Court: Rajasthan
Decided on: Dec-05-1949
Reported in: AIR1951Raj129
1. This is an appeal by Kartar Singh who has been convicted of culpable homicide amounting to murder & sentenced under Section 302, B. P. C. to 'transportation for life i. e , life imprisonment'. The prosecution case is that on the evening of 9.1.1948, one Amar Singh Sikh of village Farangwali had arranged a wrestling competition on the completion of an 'Akhand Path', that the deceased, Gurbachan Singh, who belonged to chak No. 40F, had gone to witness the wrestling, along with Munshi Singh P. W. 6 & his brother Karam Singh P. W. 7 & Kacta Singh p. W. 8 of the same chak that the applt. had also gone to see the wrestling along with the co-accused Tara Singh & Gurbux Singh, that after seeing one or two bouts, the deceased left for his chak at about 6 p. m., along with him aforesaid associates Munshi Singh, Karan Singh' & Kartar Singh & that when the deceased had walked a distance of about 40 paces from the place of wrestling all the three accused, who also were going along on the same ro...
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