Rajasthan Court September 1957 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Raghuvar Dayal Vs. Hargovind and anr.
Court: Rajasthan
Decided on: Sep-26-1957
Reported in: AIR1958Raj287
ORDERK.K. Sharma, J.1. This is an application for revision by the defendant Raghuvar Dayal against the judgment and decree of the learned Civil Judge, Alwar in a suit under section 9 of the Specific Relief Act (hereinafter to be referred to as the Act).2. The plaintiff came to court with the allegations that he had been in possession of a certain shop in Malakhera bazar, Alwar and that it had been let out on his behalf to Shivchand who was the defendant No. 2 in the case. Shivchand in collusion with the defendant Raghuvardayal executed a rent note in the latter's favour on 30-3-1950. On the basis of this rent note a suit was brought by Raghuvardayal against Shivchand for ejectment and it was decreed on 27-11-1950. In execution of this decree for ejectment Raghuvardayal got possession of the shop in dispute from Shivchand. The plaintiff came to know about this when possession had been taken on 3-8-1951 by Raghubardayal. The plaintiff stated in his plaint that by the action of the defend...
The State Vs. Ram Prasad
Court: Rajasthan
Decided on: Sep-25-1957
Reported in: AIR1958Raj184; 1958CriLJ971
K.L. Bapna, J.1. These two matters arise out of the prosecution of one Ram Prasad for an offence under Section 161, Penal Code read with Section 5 (2), Prevention of Corruption Act, 1947.2. Ram Prasad was the correspondence clerk in the office of the Station Master, Kotah Railway Station. Shanker Lal made a complaint on 9-10-1956, to the Officer-in-charge, Anti-Corruption Branch, Rajasthan State, at Kotah that the accused Ram Prasad was demanding a sum of Rs. 10/- in order to issue a memo to appear at a test before the Traffic Inspector, Kotah, for being placed on the list of candidates approved for employment off and on in Class IV Service. The trap was organised by Sardar Bishakha Singh, Deputy Superintendent of Police, Rajasthan, and it was alleged that the trap was successful, and the accused was caught red-handed. The case was transferred later on to the Special Police Establishment, Jaipur, on the ground that the accused was a Central Government employee working in the Railway. M...
Panna Vs. the Board of Revenue for Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-20-1957
Reported in: AIR1958Raj74
Wanchoo, C.J.1. This is an application by Panna under Article 226 of the Constitution for issue of a writ ofcertiorari.2. The facts, which have led to this application, are briefly these. The applicant claimed to be a tenant of Bachan Singh, opposite party, in village Bobasar. He made an application on the 16th of June, 1950 under Section 7 of the Rajasthan (Protection of Tenants) Ordinance, 1949 thereinafter called the Ordinance) to the Assistant Collector, Ratangarh, alleging that he had been dispossessed forcibly from his holding on the 9th of June 1950 and praying that he should be reinstated.On the 31st of August 1950, the Assistant Collector, after holding a summary enquiry, rejected the application under the Ordinance on the ground that it was not presented within three months of dispossession or within three months of the coming into force of the Ordinance. The Assistant Collector also seems to have found that the applicant had surrendered possession of his holding in March 194...
State Vs. Rehman
Court: Rajasthan
Decided on: Sep-20-1957
Reported in: AIR1958Raj296; 1958CriLJ1350
K.L. Bapna, J. 1. This is an appeal by the State against the order of acquittal of Rehman respondent on a charge under Section 353 of the Indian Penal Code by the Munsiff-Magistrate, Hindaun by order of 4th of August, 1956. 2. The case for the prosecution is that Mr. Sri Kishen Ahlawalia Deputy Superintendent of Central Excise having head-quarters at Bharatpur went on 7th of September, 1953 to village Kot. He received information that Sullad and his son Rehman had cultivated tobacco but had not paid the excise duty thereon. On 9th of September, (1953, he decided to go to the house of Rehman and after 2 P. M. went to his house and asked him to show his tobacco. Rehman replied that he had some tobacco with him but he would not show it. Shri Ahluwalia Deputy Superintendent was accompanied by Mr. Nand Kishore Maheshwari, Inspector Central Excise, Ramchand Sepoy, Nopa Chokidar and two-Motbirs Kapurchand and Phulchand. Shri Ahlu-walia decided to take the search of the house of Rehman, but Dh...
State of Rajasthan Vs. Pannalal and ors.
Court: Rajasthan
Decided on: Sep-19-1957
Reported in: AIR1958Raj59; 1958CriLJ226
Wanchoo, C.J.1. This is an appeal by the State against the acquittal of Pannalal and eight others of an offence under Section 73 of the Indian Mines Act, 1952 (No. XXXV of 1952) thereinafter called the Act) read with Rules 23 and 71 of the Indian Metalliferous Mines Regulations, 1926 thereinafter called the Regulations) by a Magistrate of the First Class Rajsamand.'2. The brief facts of the case are these. The Inspector of Mines made a complaint to the District Magistrate of Udaipur against these nine accused praying that they be convicted under Section 73 of the Act for contravention of Section 19 of the Act and Rules 23 and 71 of the Regulations. The case was tried by a Magistrate of the first class. He convicted one of the accused Sadiqali under Section 73 of the Act for breach of' Section 19 of the Act, though in the operative part of the order, he does not mention there sections.Further, he seems to have acquitted theother eight accused of the offence under Section 73 read with Se...
Jaikishan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-19-1957
Reported in: AIR1958Raj56
Wanchoo, C.J.1. This is an application by Jaikishan under Article 226 of the Constitution for issue of a writ of certiorari in connection with an order passed in Patta proceedings relating to an area in the former State of Marwar.2. The applicant's case is briefly this. There is a small piece of land situate in Didwana town which has got a municipality. Jhumarmal, opposite party, applied to the Municipal Board, Didwana, for grant of a no objection certificate so that he could obtain a Patta of this piece of land. The applicant objected to the grant of the no-objection certificate to Jhumarmal and the Municipal Board refused to give the certificate by its order dated the 28-1-1955. There was an appeal from this refusal to the Government by Jhumarmal. The Deputy Minister for Local Self Government inspected the site and heard arguments and thereafter, the appeal of Jhumarmal was dismissed in May 1955. In June 1955, Jhumarmal applied for review of the order of the Government.This review wa...
Birad Dan Vs. the State
Court: Rajasthan
Decided on: Sep-18-1957
Reported in: AIR1958Raj167; 1958CriLJ965
ORDERI.N. Modi, J. 1. This is a revision by the petitionerBirad Dan against an order of the Sessions JudgeBalotra by which he dismissed the appeal of thepetitioner against an order of the First Class Magis-trate, Sanchore, rejecting an application for resto-ration of certain attached property under Sections 87 to89 of the Code of Criminal Procedure. 2. The material facts may be briefly stated as follows. The petitioner was wanted in connection with a case under Sections 302, 379, 148 and 149, I P. C. which was pending in the Court of the First Glass Magistrate, Sanchore. It was reported to the Magis-trate that the petitioner was absconding. Thereupon a proclamation under Section 87, Criminal P. C. was drawn up and issued against him, on the 27th Janu-ary, 1954. By this proclamation, the accused was directed to present himself in the Magistrate's Court 'within 30 days of the date of the proclama-tion.' The Magistrate also issued a warrant of attachment under Section 88, Criminal P. C. o...
Maharaja Shri Umaid Mills Ltd., Pali (Marwar) Vs. the Textile Labour U ...
Court: Rajasthan
Decided on: Sep-16-1957
Reported in: AIR1958Raj34; (1960)IILLJ364Raj
Dave, J.1. This is an application by the Maharaja Shri Umaid Mills Ltd., Pali (Marwar) under Articles 226 and 227 of the Constitution of India and arises in the following circumstances.2. On 7th July, 1953, the Government of Rajasthan acting under Section 10 of the Industrial Disputes Act, 1947, referred certain industrial disputes between the petitioner and its workmen represented by the Textile Labour Union (Red Flag) Pali for adjudication to the Industrial Tribunal Rajasthan, Jaipur, by two notifications of the Labour Department dated 7-7-53. Copies of both these notifications are on the record and have been marked as Exs. A and B.The Industrial Tribunal started proceedings in both these references. During the pendency of the proceedings before the Industrial Tribunal, both the parties came to a mutual settlement of the outstanding disputes between them. On 22-2-55 both the parties jointly filed an application before the Industrial Tribunal and also produced a memorandum of settleme...
Dalelsingh Vs. Tehsildar of Chhoti Sadri and ors.
Court: Rajasthan
Decided on: Sep-12-1957
Reported in: AIR1958Raj81
Wanchoo, C.J.1. This is an application by Dalelsingh under Article 226 of the Constitution challenging the holding of a by-election lor the office of Sarpanch of Gram Panchayat of Samarthali on the ground that the seat of the applicant, who had elected barpanch in December 1955, had become vacant.2. The case of the applicant is briefly this. He was elected Sarpanch of the Gram Panchayat of Samarthali in December 1955. The result of the election was notified in accordance with Section 14 of the Rajasthan Panchayat Act, 1953 (Act No. 21 of 1953) (hereinafter called the Act) on 16th of June 1956. The applicant says that thereafter he went to the Tehsildar to take the oath of office, as required by Section 15 of the Act. He was then told that his seat had become vacant under Section 17 (2) of the Act and a by-election had been ordered to be held in August 1956. Consequently, the applicant made the present application challenging the holding of the by-election on the ground that his seat ha...
Narsingh Dass Vs. Mool Raj and ors.
Court: Rajasthan
Decided on: Sep-11-1957
Reported in: AIR1958Raj133
D.S. Dave, J.1. This is an application in revision against the order of the District Judge, Jodhpur, dated 27-7-1957, and arises in the following circumstances:2. The petitioner wanted to file an appeal in the court of the learned District Judge, Jodhpur, against the judgment and decree passed against him by the Civil Judge, Jodhpur, on 17-12-1956, in a money suit. The petitioner presented an application for leave to file an appeal in forma pauperis. The appellate court ordered a notice to be issued to the respondents.When that application came before the court on 27-7-57, it was submitted by the non-applicants that since the decree was not contrary to law or some usage having the force of law or otherwise erroneous or unjust, it should be dismissed under the proviso to Order 44, R, 1, C. P. C. This argument found favour with the learned District Judge and he dismissed the petitioner's application for permission to appeal in forma pauperis. It is against this order that the present rev...
- ‹ Prev
- 2
- Next ›
- Last »