Court : Rajasthan
Reported in : AIR1954Raj264
Wanchoo, C.J.1. This is an application by Kishore Singh for the issue of an appropriate writ, direction or order against the State of Rajasthan, and the District Magistrate of Nagaur, after quashing an order under the Arms Act.2. The case of the applicant is that be possessed a rifle and a 12 bore gun, and held licenses for the same under the law. On 19-5-1953, the Distriet Magistrate of Nagaur ordered, under Section 18, Arms Act, that the two licenses be cancelled with immediate effect. This order was passed without giving any hearing whatsoever to the applicant, and without giving him an opportunity to appear and show cause against such an order being passed against him, and without informing him in any way of the proposed order. The applicant made an approach to the Commissioner, Jodhpur, in this connection, but got no redress. The applicant relied on the principles of natural justice that no man shall be dealt with by any authority to his material disadvantage without fair and adeq...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj141
Wanchoo, C.J. 1. The following point has been referred to the Full Bench for answer : 'Whether the protection afforded by Section 7 of the Rajasthan (Protection of Tenants Ordinance, 1949, is also available in case of dispossession of a person in occupation of the holding on or after the 1st day of April, 1948, as tenant as defined in the Ordinance when such dispossession is made by a person other than the landholder, e.g. a trespasser?' 2. Section 7(1) of the Ordinance, as amended up-to-date, reads as follows : 'Any tenant who being in occupation of his holding on or after the first day of April, 1948, has thereafter been ejected therefrom, or dispossessed thereof or from or any part thereof- (a) before the commencement of this Ordinance, otherwise than by process of law, or (b) after the commencement of this Ordinance in contravention of the provisions thereof, may, within three months from the date of such ejectment or dispossession or the commencement of this Ordinance, whichever...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj158
Bapana, J. 1. This is a petition under Articles 226 and 227 of the Constitution of India,2. The petitioner Bawat Man Singh is a returned candidate to the Rajasthan Legislative-Assembly from Jamua Ram Garh constituency in the last General Election. Shri Roop Chand Sogani and Shri Mangilal opposite party Nos. 1 and 2 filed an election petition which is No. 227 of 39ii2 and is pending inquiry before the Election Tribunal, opposite party No. 6. Rawat Man Singh, Shri Govind Narain Jahalani, Shri Kanhiya Lal and Shri Amrit Lal who were candidates at the election were made respondents in that petition.3. The petitioner challenges the validity of the constitution of the Election Tribunal on the following grounds :1. The Chairman was appointed after the appointment of members. 2. On the resignation of the first Chairman Shri K.C. Gupta, the Tribunal was not re-constituted, but only a new Chairman was appointed. 3. The Tribunal was 'functus officio' during the period between the resignation of S...
Tag this Judgment!Court : Rajasthan
Reported in : 1954CriLJ549
Nigam, J.C.1. This is an appeal under Section 33 of Act 56 of 1951. Tilok Chand Gopal Das, Editor and Publisher of the Sindhi language paper 'Hindu', Ajmer, has been called upon by the learned Sessions Judge under Sections 4 and 7 of Act 56 of 1951 to furnish a security in the sum of Rs. 500/- in cash or equivalent thereof in Government securities. Against that order, the respondent Tilokchand Gopal Das has come up in appeal. I have heard the learned Counsel for the appellant and the learned Assistant Public Prosecutor.2. The facts in brief are that on 3-6-1952 a certain leading article was published in the newspaper 'Hindu'. Soon after the appellant was detained under the Preventive Detention Act, but on the intervention of some citizens of Ajmer and on their giving certain assurances, the appellant was released from, detention. The appellant published the article in question in the paper 'Hindu' dated 12-6-1952. He was again detained, but was subsequently on the advice of the Advisor...
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