Rajasthan Court September 1957 Judgments
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Khemchand Tejwani Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-11-1957
Reported in: AIR1958Raj242
K.L. Bapna, J. 1. This is a petition under Article 226 of the Constitution.2. The case of the petitioner is that a notification was issued by the Rajasthan Public Service Commission on 31-8-1954, inviting applications from graduates for appearing at a combined competitive examination for recruitment to Rajasthan Police Service amongst other Services.The petitioner made an application, and was declared successful at the examination, and his name was recommended at No. 36 by the Public Service Commission for appointment in the Rajasthan Police Service. The petitioner was required by the Government of Rajasthan to appear before a Medical Board on 29-12-1955, for medical examination as to the physical fitness of the petitioner.The Medical Board declared, the petitioner to be unfit for Police Service, and the Government of Rajasthan by letter of 15-3-1956, informed the petitioner accordingly. It appears thatalthough no official information was conveyedto the petitioner why he was declared m...
Sanwal Ram Vs. Appellate Tribunal of State Transport Authority, Jaipur ...
Court: Rajasthan
Decided on: Sep-09-1957
Reported in: AIR1958Raj51
Wanchoo, C.J. 1. This is an application by Sanwal Ram under Article 226 of the Constitution for a writ of certiorari quashing the order of the Appellate' Tribunal of the State Transport Authority. 2. The case of the applicant is briefly this. He was the holder of a stage carriage permit on Balotra-Siwana-Mokalsar route. A complaint was made against him by opposite parties Nos. 3 to 7 to the effect that the applicant was not following the rotation fixed by the Regional Transport Authority and that he had plied his bus on some other route to carry a marriage party without obtaining a special permit for the same. Consequently, the Regional Transport Authority, Jodhpur, suspended the permit of the applicant for two weeks under Section 60 of the Motor Vehicles Act, Thereupon, opposite parties Nos. 3 to 7 who, we are told, are other bus operators onthe same route, preferred an appeal under Section 64 to the Appellate Tribunal, Their appeal apparently was that the punishment given by the Regi...
Samdukhan Vs. Madanlal and ors.
Court: Rajasthan
Decided on: Sep-06-1957
Reported in: AIR1958Raj62
Modi, J.1. The only point for determination before the Full Bench in this appeal is whether it rightly lies to this Court or the appeal should have been filed in the court of the District Judge concerned.2. We may state a few facts only which have a bearing on the question for decision. The suit out of which this appeal arises was filed by the plaintiff respondent Madanlal against the defendant appellant Samdu Khan in the court of the Senior Civil Judge, Merta, on the 11-2-1953. The suit was for dissolution of partnership and rendition of accounts, and the plaintiff respondent had valued it at Rs. 5250/-for purposes of court-fee. The trial court passed a preliminary decree in favour of the plaintiff respondent by its judgment dated the 31st January 1957. The defendant appellant then filed this appeal against that judgment and decree in this Court on the 13-3-1957. The appeal was registered in this Court on the same day. The appellant had somehow valued his appeal at Rs. 10,500/- but pu...
The State Vs. Adra and ors.
Court: Rajasthan
Decided on: Sep-06-1957
Reported in: AIR1958Raj52; 1958CriLJ222
Wanchoo, C.J.1. This is an appeal by the State against the acquittal of Adra and 21 others by the Additional Sessions Judge of Sirohi for offences under Sections 148, 302, 324 and 323 read with Sections 149 of the Indian Penal Code.2. The case relates to an incident which took place on the morning of 6th of September 1954 at village Manora. It arose out of a dispute about a field called Keringwala Jao. The area of this Jao is over 40 bighas. There is no fencing round the land and there is no building -- Kutcha or Pucca -- on it; nor is there a well on this land.3. The prosecution case is that this land was cultivated by Adra and other accused up to the 22nd of July 1954. On the 22nd of July, Chatra went to the field and objected to its cultivation by the accused. On that day six of the accused had gone to plough that field, namely Ransa, Lakha, Bhoma, Poonma, Veera and Bhika. Four other accused, namely Jama, Vadia, Jesa and Thana were also present at the field.Chatra and his three sons...
(Sindhi) Nathuram Atmaram Vs. State and anr.
Court: Rajasthan
Decided on: Sep-06-1957
Reported in: AIR1958Raj89; 1958CriLJ567
Wanchoo, C.J. 1. This is a reference by the Additional Sessions Judge at Palanpur against the order of the Judicial Magistrate First Class, Abu Road, in connection with a criminal case pending before the Judicial Magistrate. It has come to us as it relates to the Abu area which has been integrated with Rajasthan under the States Reorganisation Act.2. The facts of the case are briefly these. Sindhi Nathuram Atmaram is said to have gone to the office of the Administrator of the Abu Road Municipality at about 1 P. M on the 16th of January, 1956, and obstructed the Administrator in the discharge of his official duties and threatened him. On this, the Administrator reported the matter to the Sub-Inspector concerned.The Sub-Inspector investigated the case and made a complaint to the Magistrate against the accused. When the accused appeared in Court he raised an objection that in view of Section 195 (1) (a) of the Code of Criminal Procedure the Magistrate had no jurisdiction as no complaint h...
G.K. Tandon Vs. Chief Commissioner, State of Ajmer
Court: Rajasthan
Decided on: Sep-04-1957
Reported in: AIR1958Raj245
K.L. Bapna, J. 1. This is a petition under Article 226 of the Constitution of India.2. The case of the petitioner, Mr. G. K. Tandon, is that he was a permanent employee in the former State of Ajmer. He was employed in the office of the District Judge, Ajmer, in the grade Rs. 80-5-120-8-200-10/2-220 by an order of the Judicial Commissioner, dated 2-3-1951.A post of Personal Assistant in the Civil Secretariat of Ajmer came to be created, and this was offered by the Govt. of Ajmer to the petitioner on 29-5-1952. The document (Annexure C, to the petition) containing the offer is somewhat important, and its relevant portion may be stated here:'Shri G. K. Tandon has been selected for appointment as Personal Assistant-cum-steno in the scale of Rs. 160-10-330 plus usual dearness allowance as admissible to other Government servants of his category from time to time. The appointment is purely temporary and until further orders. If he accepts the post on the above terms, he may please be relieved...
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