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Rajasthan Court September 1955 Judgments

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Sep 02 1955

Parma Vs. the State

Court: Rajasthan

Decided on: Sep-02-1955

Reported in: AIR1956Raj39; 1956CriLJ270

Bhandari, J.1. This is an appeal on behalf of Perma appellant who has been convicted by the Additional Sessions Judge, Gangapur under Section 326, I. p. C. and sentenced to two years' rigorous imprisonment and to pay a fine of Rs. 100/- and in default to undergo three months' further rigorous imprisonment.2. The facts giving rise to this appeal are very simple. In the village Maunch, there is a house Murli Mahajan with a shop underneath it and in front of the shop there is a chabootra, On 25-10-1952 at about 8 P. M. several persons were sitting on that Chabootra and were settling the rate of chillies which Pakira P. W. 4 had come to purchase from Karauli.Ratanlal P. W. 1 was also sitting on the chabootra and on his back the appellant was standing. It is alleged by the prosecution that the appellant aimed a blow of the sword which he carried wrapped in a Dhoti, on the neck of Ratanlal. but the blow struck Ratanlal on his right shoulder. This blow of the sword caused two injuries detaile...


Sep 02 1955

Amir Mohd. Vs. Mst. Bushra

Court: Rajasthan

Decided on: Sep-02-1955

Reported in: AIR1956Raj102

Bapna, J. 1. This is a second appeal by the husband defendant in a suit for dissolution of marriage. The respondent Mst. Bushra instituted a suit in the court of Munsif, Tonk on 3-8-1949, for dissolution of her marriage with the defendant, Hafiz Amir Mohd. She alleged that her marriage with the defendant had taken place about 25 years before the suit. She lived with the defendant for sometime but the defendant thereafter, treated her cruelly, assaulted her and turned her out of the house. It was alleged that thereafter, the defendant did not provide her with maintenance and that she was entitled to claim dissolution both on the grounds of cruelty and for failure to provide maintenance in view of the provisions of the Dissolution of 'Muslim Marriages Act. The defendant traversed the allegations and pleaded that the plaintiff of her own accord had left his protection and carried with her all the jewellery and ornaments on the pretence of joining a marriage in her father's family. It was ...


Sep 01 1955

HarinaraIn Vs. Nand Kishore and anr.

Court: Rajasthan

Decided on: Sep-01-1955

Reported in: AIR1956Raj48

ORDERRanawat, J.1. This is a civil revision application against the judgment of the District Judge, Jaipur City, dated 13-4-1955, remanding the case back to the first Court and directing its retrial. It was also ordered that the standard rent fixed by the first court by its judgment should be regarded as the provisional rent under Section 7, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, as amended by Act No. 9 of 1952.2. The point which has been raised in this revision by learned counsel is that the appellate court had no jurisdiction to fix provisional rent under Section 7 of the Act, which could only be done by the first court. The jurisdiction of the appellate court is challenged on this point.3. It may be noted that the powers of the appellate court have been given in Rules 32 and 33 of Order 41, Civil P. C., and it is evident that the powersof the appellate Court are co-extensive with thepowers of the first court. In case the first courtfails to respect the provisio...


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