Rajasthan Court August 1957 Judgments
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Hukam Chand and ors. Vs. Laxmi NaraIn and ors.
Court: Rajasthan
Decided on: Aug-30-1957
Reported in: AIR1958Raj247
K.L. Bapna, J. 1. The present matter relates to the bringing on record the legal representatives of a deceased respondent.2. The present appeal by Hukam Chand, Kedar Nath, Hari Charan Lal and Suraj Mal defendants was filed on 13-7-1953, against Laxmi Narain, Ganga Prasad, Manohar Lal, and Kedar Nath, plaintiffs-respondents to which 9 other persons, who were originally defendants, were also made respondents. Laxmi Narain, Ganga Prasad, Manohar Lal and Kedar Nath filed cross-objections to this appeal on 5-10-1953. Laxmi Narain died on 1-12-1956, and an application was made By his heirs Pooranmal, Shrimati Gomati Devi, and Shrimati Drav Kaur to be brought on record in place of the deceased Laxmi Narain.This application was presented on 28-2-1957 within 90 days of the death of Lakshmi Narain. On 2-4-1957, an application was presented on behalf of the appellants also stating that Laxmi Narain died on 1-12-1956, of which they came to know on 17-3-1957, and although an application was made by...
Bhopalsingh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-27-1957
Reported in: AIR1958Raj41
Wanchoo, C.J.1. This is an application by Bhopalsingh under Article 226 of the Constitution and arises in the following circumstances.2. The applicant is resident of village Gothra in Tehsil Degana and is eligible to contest the election for the office of Panch and Sarpanch of Degana Tehsil Panchavat. The Sarpanch and Panchas of the Tehsil Panchayats are elected under Section 58(2) of the Rajasthan Panchayat Act, 1953 (Act No. XXI of 1953), hereinafter called the Act. by an electoral col-lege consisting of Sarpanchas and Panchas of all the Panchayats in the Tehsil.Twenty-nine Panchayats were notified for this purpose as falling within Degana Tehsil whose Panchas and Sarpanchas were entitled to form an electoral college for electing the Tehsil Panchayat of Degana. The applicant wanted to stand for the Tehsil Panchayat Deeana and, therefore, looked into the list of voters who would form electoral college for the Tehsil Panchayat. He says that he then found certain defects and his content...
Govind Singh Vs. Deoraj
Court: Rajasthan
Decided on: Aug-27-1957
Reported in: AIR1958Raj128
D.S. Dave, J.1. This case comes before us on a reference made by a Single Bench of this court. The question referred is as follows:'Whether an application for execution which as admitted and registered by the executing court and which is proper in other respects should not be considered to have been made in accordance with law simply because it was presented by a vakil whose vakalatnama was not signed by the decree-holder.'2. Before we proceed to answer the question, it would be proper to set out briefly the facts which have given rise to the point referred to us. On 27-11-1943, respondent Deoraj, obtained a money decree against appellant, Govind Singh. On 20th October 1949, the decree-holder presented ,an application for execution, but it was dismissed for default on 19-12-49. Thereafter, a second application for execution was presented on behalf of the decree-holder on 16-12-52.It was registered on 20-12-52 and a notice under Order21, Rule 22, C.P. C. was ordered to issue against the...
Prabhu Dayal Vs. Milap Chand
Court: Rajasthan
Decided on: Aug-20-1957
Reported in: AIR1959Raj12; 1959CriLJ82
ORDERK.K. Sharma, J.1. The applicant Prabhu Dayal is being prosecuted in the Court of the Munsif Magistrate, Sawai Madhopur under Sections 166 and 504, I. P. C. on the complaint of one Milapchand.2. Summons were issued to the applicant and when he appeared he raised an objection that the prosecution was bad because no sanction of the State Government under Section 197, Cr. P. C., hadbeen obtained by the complainant, He also raised an objection that the prosecution was bad by virtue of Section 79 of the Rajasthan Panchayat Act, 1953 (hereinafter to be referred to as the Act). The learned Magistrate after hearing the parties overruled the objections on the ground that at that stage there was nothing to show that the accused had committed the offence while acting or purporting to act in the discharge of his official duty. The applicant went in revision and the learned Additional District Magistrate, Sawai Madhopur agreed with the learned Trial Magistrate and dismissed the application. The...
Shankerlal and ors. Vs. Chaturbhuj
Court: Rajasthan
Decided on: Aug-13-1957
Reported in: AIR1958Raj351; 1958CriLJ1548
ORDERI.N. Modi, J.1. This is a reference by the Sessions Judge, Pali, in a proceeding under Section 145, Cr. P. C., and arises under the following circumstances.2. It appears that opposite party Chaturbhuj made an application on 22-10-1956, in the Court of the Sub-Divisional Magistrate, Bali, alleging that Shankerlal and others (who are petitioners in this Court but were opposite parties in the Court of the Magistrate) were bent upon interfering with the possession of the former over certain land, which was described in the application, situate in village Undari, Tehsil Bali, and that there was a likelihood of a breach of the peace. The Magistrate passed a preliminary order on the same date and called upon the parties to put in their respective claims as regards possession over the land in controversy.Shankerlal and others resisted this application mainly on the ground that Chaturbhuj had filed art earlier application in the same connection on 6-9-1956, which had been dismissed by the ...
Ladhuram and ors. Vs. Suraj Bux and ors.
Court: Rajasthan
Decided on: Aug-09-1957
Reported in: AIR1958Raj294
K.K. Sharma, J.1. This is an appeal by Ladhuram, Rambilas and Mohanlal three of the defendants in a suit for a declaration and injunction against the plaintiff respondents Surajbux and Jagdish Narain. Mst. Narayani and Lakshmi Narain were also implea-ded as defendants but they have not appealed and have been impleaded in this appeal as respondents. The plaintiffs alleged that in village Karad, there is a pacca house with kaccha compound which is fully described in para No. 1 of the plaint.In this house there was a room 'APQS' facing west and shown in red colour in the plan attached to the plaint. This room marked with capital letter 'A' on the plan had been in exclusive possession of the plaintiffs for a very long time since the time of their ancestors. In this room the plaintiffs' Moth was stored and the room was locked.The defendants Nos. 1 to 4 sometime in February, 1947 put up their lock on the main gate of the house thus blocking the way of the plaintiffs to the room in dispute. I...
Bhairondan Tolaram and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-09-1957
Reported in: [1957]8STC798(Raj)
D.S. Dave, J.1. These are two writ applications under Article 226 of the Constitution of India. The first one has been presented by Bhairondan and 15 others who are residents of Bikaner District, while the second one has been filed by Ram Bux and 8 others who are residents of Jodhpur City. Since common questions of law are involved in both the applications they are being disposed of together.2. It is stated by the petitioners in both the applications that they deal in betel leaves and that they have been asked by the Sales Tax Officers, Bikaner and Jodhpur, to submit and furnish returns of their turnover for the prescribed period in the prescribed form and manner as provided under Section 7 of the Rajasthan Sales Tax Act No. XXIX of 1954 so that assessment may be made under Section 10 and the tax may be recovered from them under sectionn of the said Act. It is urged by them that they are not liable to pay sales tax on the sale or turnover of the betel leaves on two grounds. In the firs...
Chimanlal Vs. the State
Court: Rajasthan
Decided on: Aug-05-1957
Reported in: AIR1958Raj335
ORDERK.K. Sharma, J. 1. This is an application in revision by Chiman Lal, who was convicted by the learned First Class Magistrate No. 2, Jaipur City, under Section 3/4 of the Rajasthan Public Gambling Ordinance, 1949, and sentenced to a fine of Rs. 25.2. According to the prosecution it was learnt on reliable information that the applicant Chiman Lal was keeping a gaming house in Johari Bazar, Jaipur City. On this information a warrant was obtained from the Superintendent of Police, District Jaipur, under Section 5 of the Rajasthan Public Gambling Ordinance, 1949 (hereinafter to be referred to as the Gambling Ordinance).On 18-10-1956, Sub-Inspector Bahadur Singh, S.H.O., Police Station Manak Chauk, with this warrant went to the stall of the applicant in Johari Bazar, gave a one-rupee currency note No. K/60-632016 after initialling to Teju P. W. 1, (hereinafter to be referred to as the punter) and directed him to stake annas -/8/- on figure 8 and the remaining annas -/8/- on, figure 7.Th...
Dwarkachand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-02-1957
Reported in: AIR1958Raj38
Wanchoo, C.J.1. This is an application by Dwarkachand under Article 226 of the Constitution against the State of Rajasthan and its officers for a writ in the nature of prohibition,2. The facts of the case are simple and are not in dispute. The applicant was a clerk working in Tehsil Sanchore in 1954. A report was made by the Tahsildar Sanchore on 30th of August 1954 that he was alleged to have accepted illegal gratification from Kaluram Khatri of Sanchore. In that connection, the applicant had been arrested by the Deputy Superintendent of Police (Anti-Corruption Branch) though later he was released on bail.On receipt of this report, the applicant was suspended by the Collector, Jalor on the 31st of August 1954. It appears that thereafter the Deputy Superintendent of Police (Anti-Corruption Branch) asked for sanction of the Collector to prosecute the applicant. The Collector held a departmental enquiry immediately after the report of the Tehsildar reached him. This was in accordance wit...
Vijay Transport Co. and ors. Vs. Appellate Tribunal of State Transport ...
Court: Rajasthan
Decided on: Aug-01-1957
Reported in: AIR1958Raj165
I.N. Modi, J. 1. This is an application under Arts. 226 and 227 of the Constitution by the Vijay Transport Company arm two others and has been made under the following circumstances :2. The three petitioners are holders of stage carriage permits on the Taranagar -- Sardarsahar route and their permits were renewed for a period of three years by an order of the Regional Transport Authority, Jpdhpur, dated 28-2-56. It appears that after some time opposite party No. 3, Laxmi Narain, applied for a temporary permit on this route on the allegation that the permit of petitioner No. 2, Hussamkhan Ramgopal, had been lying idle and was not being utilised, with the result that there was scope for the running of one more bus on the route in question. Consequently, the Regional Transport Authority, Jodhpur. by its Resolution No. 9, dated 28-3-57, granted a temporary permit for a period of 4 mouths to Laxmi Narain on the ground that there was temporary need to provide one more bus on the route, in qu...
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