Rajasthan Court November 1950 Judgments
Naharsingh and anr. Vs. Pirthisingh
Court: Rajasthan
Decided on: Nov-21-1950
Reported in: AIR1952Raj62
Dave, J.1. The facts giving rise to this appeal are that the respondent Thakur Pirthisingh, Instituted a suit in the Court of the District, Judge, Jaipur City, for recovery of possession of certain plots of land situated in the village Korhi. Amongst other objections, it was pleaded by the defendants that the matter was exclusively triable by the Revenue Court, and that the civil Court had no jurisdiction to try and decide it. The District Judge dismissed the objection but at the same time he also dismissed the suit on other grounds, The plaintiff went in appeal to the High Court of Jaipur. There it was again contended by the defendants-respondents that the appellate Court had no jurisdiction to hear the appeal and it should be transferred to the Revenue Board under Sub-section (2) of Section 3 of the Jaipur State Grants Land-tenures Act. It was held by Verma C. J. and Ibrahim J. who constituted the Division Bench of the Jaipur High Court that the word 'proceeding' appearing in. Sub-se...
Tag this Judgment!Nisar Ahmed Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Nov-21-1950
Reported in: AIR1958Raj65; 1958CriLJ418
Bapna, J.1. This is a petition under Article 226 of the Constitution of India, presented on 12-5-1950. The petitioner Nisar Ahmad claims that he is a citizen of India inasmuch as he and his family were permanent residents of Jodhpur and had certain immovable property consisting of houses and lands in Marwar. He alleges that he went to Karachi in Pakistan on 17-7-1948, to procure 500 cases of Scotch Whisky for the use of His Highness the Maharaja of Jodhpur, on the occasion of marriage of his sister, but before he could return, the Governor-General of India promulgated an Ordinance on 19-7-1948 to control the admission into India of persons from West Pakistan, (Ordinance No. XVII of 1948).Under the said Ordinance, persons entering into India from West Pakistan had to obtain a permit, and while it is alleged, the petitioner wanted to return for permanent residence in India, he was only given permit for temporary residence for three months by the High Commissioner for India in Pakistan. I...
Tag this Judgment!Dhanna and anr. Vs. the State
Court: Rajasthan
Decided on: Nov-13-1950
Reported in: AIR1951Raj37
Nawalkishore, C.J.1. The accused Dhanna s/o Jeevraj and Jawana s/o Lakha were tried by the learned Sessions Judge, Bikaner, for causing the death of Dhanna s/o Pema under Section 302/34, Penal Code, and convicted and sentenced to rigorous imprisonment for life each.2. This appeal has been preferred by them against the above order of the learned Sessions Judge and argued on their behalf by Mr. J. G. Sethi, Bar-at-law, of the Punjab High Court at considerable length and Mr. Mansharam, the learned Government Advocate has addressed us on behalf of the State.3. According to the prosecution story, the two accused and a third person, namely, Phoola, Biahnois by caste and residents of neighbouring villages, attacked the deceased Dhamia on the night between the 22nd and 23rd of July 1949 while he was asleep with his son Rajaram in his field which is situate at a distance of about three milea from the village The motive for this attack is stated to be the strained relations between the parties. ...
Tag this Judgment!Gulam Abbas and ors. Vs. the State
Court: Rajasthan
Decided on: Nov-13-1950
Reported in: AIR1951Raj18
Bapna, J.1. This is an application under Section 561 A, Criminal P. C., with a prayer that a case against the petitioners pending in the Court of the City Magistrate Udaipur, may be transferred to the High Court and the proceedings taken against the petitioners for contravention of the Mewar Motor Spirit Rationing Order, 1941 quashed. Reliance was also placed during the course of arguments on Article 228 of the Constitution in support of the prayer. The contention of the learned counsel for the petitioners is that the Mewar Motor Spirit Rationing Order, for contravening which the petitioners were being prosecuted, no longer remained in force and the prosecution of the petitioners was illegal and they were protected by Article 20 of the Constitution.2. The Mewar Motor Spirit Rationing Order, 1941, which came into force on 15-8-1941 was issued by the Mewar Governmont under Rule 81 (2), Defence of Mewar Rules, 1939. The Rules were enacted under the Defence of Mewar Act, 1939 and the valid...
Tag this Judgment!Rampal Vs. Mangia
Court: Rajasthan
Decided on: Nov-07-1950
Reported in: AIR1952Raj60
Ranawat, J.1. Rampal lodged a complaint against Mangia and Lakkha of offences under Sections 447 and 504 IP. C. in the Court of the First Magistrate, Sawai Madhopur, on the 19th of October, 1948, alleging that in his absence on the 14th October, 1948, the accused entered his premises and after having demolished his house took possession of his land. After issuing process for the attendance of the accused, and after holding an enquiry, the learned Magistrate, on the 15th June, 1949, framed charges against both the accused under Sections 447 and 504 I.P.C., and fixed the 27th of July, 1949, for further proceedings in the case. The accused had asked for re-cross-examination of the prosecution witnesses and the Magistrate therefore directed the complainant either to produce his witnesses himself or to apply before a date fixed by the Court for issue of summons for his witnesses. The complainant paid the process fee, and applied for the issue of processes for summoning his witnesses, and on...
Tag this Judgment!Dr. Ram Babu Saksena Vs. State
Court: Rajasthan
Decided on: Nov-06-1950
Reported in: AIR1953Raj12
ORDERRanawat, J. 1. The Sessions Judge, Jaipur, has made this reference under Section 438 Cr.P.C. recommending that the order of the Special Magistrate, dated 18-8-50, by which he held that the accused can be tried for an offence under Section 161, I.P.C., even though he was not extradited for that offence, be set aside, 2. The accused Dr. Ram Babu Saksena belonged to U.P. and was a member of the U.P. Civil Service. He was appointed the Administrator of the then Tonk State on the 21st January 1948, but upon recognition by the Ministry of States, Government of India, of Nawab Ismail Ali Khan, hereinafter referred to as the Nawab, as the Ruler of the Tonk State, he was appointed the Prime Minister and Vice-President of the Tonk State Council on the 14th of February 1948. 3. The case of the prosecution is that the Nawab desired to take an amount of Rs. 13,00,000/- from the State Treasury of the Tonk State for his personal expenditure and requested the accused to assist him in obtaining th...
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