Rajasthan Court May 1953 Judgments
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Suraj Mal Vs. the State
Court: Rajasthan
Decided on: May-29-1953
Reported in: AIR1954Raj303; 1955CriLJ75
ORDERModi, J. 1. This is a revisional application by the accused Surajmal against the order of the learned Sessions Judge, Bharatpur, dated the 13th May, 1953, upholding the conviction of the accused under Section 323, I. P. C. The accused stanas sen tenced to two months' rigorous imprisonment and a fine of Rs. 100/- and in default, to a further rigorous imprisonment for one month. A bail application has also been filed on behalf of Surajmal. 2. This application, relating as it does to a case arising in the Jaipur Division, should have been filed before the Jaipur Bench of this Court but has instead been filed before this Court at Jodhpur. The important question for determination before me at this stage is whether this Court has jurisdiction to entertain it. 3. Learned counsel for the petitioner urges that under the arrangements made for disposal of business during the long vacation there is no Judge sitting at Jaipur at the moment and that as vacation Judge I am empowered to dispose o...
Sm. Dakhan Vs. Madholal and anr.
Court: Rajasthan
Decided on: May-26-1953
Reported in: 1953CriLJ1788
ORDERNigam, J.C.1. Madholal filed a complaint under Section 145, Criminal P.C., before the Sub-Divisional Magistrate, Beawar. He alleged that he was in possession of 'nohra' No. 676 situated in Diggi Chunpachan, Beawar, and that at 3.30 p.m. on 1.2.1950, the date of the application, the two opposite parties entered the 'nohra' illegally and forcibly and were not leaving it despite requests and protests. The learned Magistrate forwarded the application for report to the Station Officer, Beawar. In they order he stated that the applicant told him that the opposite parties 'are breaking open the locks and damaging his property'. As directed, the Station Officer reported the next day and on the basis of that report the learned Magistrate took cognizance of the matter in the following words:The S.O. Beawar, after enquiring reports that there is likelihood of a breach of the peace. Accordingly, I am convinced that a dispute likely to cause a breach of the peace exists concerning house (nohra...
Chela Ram Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: May-16-1953
Reported in: AIR1954Raj12
Modi, J. 1. This is an application by Chelaram,under Article 223 of the Constitution, for the issue of a writ in the nature of Mandamus, Certiorari or any other appropriate writ, directionor order against the State of Rajasthan and the Inspector General of Police, Rajasthan, opposite parties 1 and 2, and arises under the following circumstances. 2. The petitioner Chelarara occupied the permanent post of Prosecuting Inspector in the police department of the former State of Bikaner in 1949, and was attached as such to theCourt of the City Magistrate, Bikancr. On 5.3.49, it having been reported against him that he had demanded a bribe of Rs. 15/- from one Pannalcl Kothari who was a prosecution witness in a certain criminal case pending in the Court of the City Magistrate, Bikaner, the InspectorGeneral of Police asked the Deputy Inspector General, of Police to make an inquiry into the matter. It is said that on 7-3-49, after holding an inquiry, the latter submitted a report. The gist of th...
Kalyan Chand Vs. Minister, Local Self-govt.
Court: Rajasthan
Decided on: May-15-1953
Reported in: AIR1954Raj166
Ranawat, J. 1. This is an application under Article 226 of the Constitution of India by one Kalyan Chand against the Minister, Local Self-Government; Secretary to the Government, Local Self-Government Department; Director of Local Bodies, Rajasthan, Ex-Officio Chairman of the District Board, Jaipur; and District Board, Jaipur.2. The case of the petitioner is that he was nominated a member of the provisional District Board, Jaipur, in August 1951 along with other members of the said Board, but subsequently the Minister in charge of the Local Self-Government Department on 10-4-1953 dissolved the provisional Board, of which the petitioner was a member and reconstituted it later on. The action of the Minister in charge in dissolving the Board was, it is said, mala fide.Three circumstances are mentioned in this behalf:--1. that Kalyan Vidyarthi, who is the brother-in-law of the Minister-in-charge of the Local Self-Government made an application to the Board on 2-6-1953 for a grant of Rs. 20...
Taxi Motor Association, Kankroli Vs. Appellate Authority and anr.
Court: Rajasthan
Decided on: May-15-1953
Reported in: AIR1953Raj201
Dave, J. 1. The facts giving rise to the presentapplication, briefly stated, are that the Taxi Motor Association, Kankroli, presented an application under Article 226 of the Constitution of India challenging the validity of the decision of the appellate authority (Transport) dated 30-7-1952 on the ground, that the Chairman of the said appellate authority was not properly appointed and, therefore, the constitution of that tribunal was not valid in law. Besides the appellate Authority, the State Transport Authority and the Regional Transport Authority, two other persons, Bansilal and Hazarilal were also impleaded as opposite parties. Notices were issued to all of them and6-3-1953 was fixed for the hearing of the application. On that day the learned Government Advocate, who appeared on behalf of the Appellate Authority, State Transport Authority and the Regional Transport Authority conceded that in view of the decision of this Court in the case of the-- 'Dholpur Co-operative Transport and...
Bassarmal Bhojrajmal, Flour Mills Vs. the State
Court: Rajasthan
Decided on: May-15-1953
Reported in: 1954CriLJ217
ORDERNigam, J.C.1. Bassarmal has been found guilty of an offence under Section 161 of Regulation 6 of 1925 (Ajmer-Merwara Municipalities Regulation read with bye-laws framed under Chief commissioner's Notification No. 41-G/33 dated 22-2-1938. He has been sentenced to a fine of Rs. 3/- only. Against his conviction and fine, he has come up in revision. I have heard the learned Counsel for the applicant, the learned Public Prosecutor and the learned Counsel for Ajmer Municipality.2. The prosecution case is that Bassarmal was found on 29-7-1952 working a flour mill without being in possession of a licence for the same. The facts are not challenged.3. The learned Counsel for the applicant has urged that the bye-laws are in excess of the powers conferred on the Municipality by Section 245 of Regulation VI of 1925. The learned Public Prosecutor concedes that under Section 245, the Municipal Committee is empowered only to frame bye-laws for the inspection and proper regulation, of the flour mi...
Somath Mal and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-11-1953
Reported in: AIR1954Raj162
Modi, J.1. These are two writ petitions under Article 226 of the Constitution, and arise out of the same facts.2. The petitioners are residents of Bhinmal and. describe themselves as citizens, voters and taxpayers in that town. The case of the petitioners is that opposite parties Nos. 2 to 9, who are members of the Municipal Board of Bhinmal and who will hereinafter be referred to as the Board, have been realising from the petitioners and others certain taxes which are mentioned in the schedule appended to their petition and which may briefly be described as (1) octroi on certain articles e. g., cloth, grain, ghee, sugar and some others, if and when brought into the town of Bhinmal, and (2) a Kharda lag which is a sort of house-tax, without any authority of law, and that such action on the part of the Board is unauthorised and illegal. The petitioners further alleged that the boundary limits of the Bhinmal Municipality had not been denned under any law at all. The petitioners therefore...
The State Vs. Motia and ors.
Court: Rajasthan
Decided on: May-01-1953
Reported in: 1955CriLJ835
ORDERWanchoo, C.J.1. This is an appeal by the State against the acquittal of Motia, Gepla and Achalia of offences Under Sections 302 and 318, IPC Motia and Gepla have been served, and the appeal is, therefore, being heard against them. Achalia has not been found yet, and the appeal against him will remain pending.2. The prosecution story was briefly this : Harka deceased, his wife Mst. Chakhu also deceased, and his daughter Jammu also deceased used to live in village Bakra. Siremal P.W. 8 is a neighbour of Harka, his house being 40 paces away. He heard the cries of Mst. Rambha, mother of Harka deceased, on the morning of 8-12-1948. Mst. Rambha is blind, and was told by a child in the morning that HarTia, was lying dead, and therefore raised an alarm. Siremal ,t went to Harka's house accompanied l5y Kistoorchand, and saw the dead bodies of .Harkha, his wife Chakhu and his daughter Jammu lying there in the Pol. They, therefore, sent information to the police at Jalore. Sub-Inspector Huka...
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