Rajasthan Court January 1958 Judgments
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Shambhooram and anr. Vs. Mangalsingh and anr.
Court: Rajasthan
Decided on: Jan-28-1958
Reported in: AIR1959Raj59
K.N. Wanchoo, C.J.1. These are two connected revisions arising out of two suits for ejectment filed by Shambhoo Ram and Sampatram against Mangalsingh in one case (43) and Yadram in the other (54). They have been referred to a Division Bench for disposal in view of the conflict between three Single Judge decisions of this Court, namely Daulatram v. Bhomraj, 1955 Raj LW 373; Girraj Prasad v. Dha Kan Bai, 1955 Raj LW 378: Suraj Narain v. Khawas Bala Bux, 1955 Raj LW 379.2. As common question of law relating to the interpretation of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (No. XVII of 1950) (hereinafter called the Act) arise in them, I propose to dispose them of by one judgment.3. The facts of the two cases, which are relevant for present purposes, are these. Shambhooram and Sampatram are landlords and Mangalsingh and Yadram are their tenants. The tenants had taken their houses on rent originally at Rs. 6/-per mensem and executed rent-notes in that con...
Jiwanlal and ors. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-28-1958
Reported in: AIR1959Raj86
K.N. Wanchoo, C.J.1. This is an application by Jiwanlal and 23 othersunder Article 226 of the Constitution against the State of Rajasthan and the Municipal Board of Chhoti Sadri and it is prayed that the Board be restrained from realising the Octroi Taxes in accordance with the Octroi Rules sanctioned on the 23rd of April 1955 by the Government and put into force from the 1st of July 1955.2. The facts, on which the application is based, are briefly these. The impugned taxes were sanctioned by the Government by its order of the 23rd of April 1955 and were brought into force by the Board on the 1st of July 1955. The applicants attack the validity of these taxes and their grounds, namely:(1) The Board has framed no rules as required by Clause (h) of Section 44 of the Rajasthan Town Municipalities Act (No. XXIII of 1951) (hereinafter called the Act) in the manner provided by Section 60 of the Act. (2) No previous sanction of the Government was taken for framing bye-laws as required by Sec...
Firm Ramdhan Kedarmal and ors. Vs. Firm Tolla Trading Co.
Court: Rajasthan
Decided on: Jan-22-1958
Reported in: AIR1959Raj264
K.L. Bapna, J.1. This is a first appeal by the defendant in a suit for recovery of damages for breach of contract.2. The case of the respondent according to the plaint filed before the trial Court on 14-5-1949 in me court of the District Judge, Kishengarh was, that the parties were members of the Chamber of Commerce, Ltd., Madanganj and dealt in gold and silver bullion according to the rules of the Chamber. It was alleged that the plaintiff agreed to purchase 50 bars of silver at Rs. 168/- per bar (100 tolas) deliverable on Asad Budi 1 Smt. 2005, the transaction itself having been done on Jeth Budi Amavas (7th June 1948) of the same year through the registered brokers of the Chamber.It was alleged that the defendant while entering into an agreement of sale of the aforesaid bars,said that this transaction was to be entered in the name of a merchant whose name would be disclosed later on, but if this was not disclosed, the transaction would be as if entered by the defendant. On the next ...
State Vs. Bhagwana
Court: Rajasthan
Decided on: Jan-13-1958
Reported in: AIR1959Raj248; 1959CriLJ1214
ORDERD.M. Bhandari, J.1. This is a revision application on behalf of the State against the order of the learned Sessions Judge, Jhunjhunu dated 29-9-1956, by which he set aside the order of conviction of Bhagwana opposite party passed by the learned Sub Divisional Magistrate, Nawalgarh and remanded the case to him with the direction to undertake fresh trial in accordance with law.2. The Excise Inspector Shri Bhawani Prasad submitted a report in the court of the Sub Divisional Magistrate, Nawalgarh, that two bottles of illicit liquor were recovered from the house of the accused and further some liquid and instruments of distillation were taken possession of from his field and that thereby he had committed an offence under Section 54 of the Rajasthan Excise Act (hereinafter to be called the Act). The learned Magistrate on the presentation of the report recorded the statement of Bhagwana. Bhagwana admitted the prosecution case and he was straightway convicted under Section 54 of the Act a...
Chiranjilal Agrawal Vs. Rikhabdass
Court: Rajasthan
Decided on: Jan-07-1958
Reported in: AIR1959Raj291
ORDERK.L. Bapna, J. 1. This is a revision against an order of the learned Munsif of Hindaun, dated 4-ll-1952.2. The respondent, Rikhab Das, filed a suit in the court of Munsif, Hindaun, on 28-11-1949' on the allegations that a certain news item sent by one Raghubir Sharan was published in the newspaper 'Janta' in its issue No. 16 of 28-11-1948, in which the plaintiff was much maligned. It was alleged that the defendant, Shri Chiranjilal, was the editor of that paper. It was alleged that the said paper had circulation in various cities of Rajasthan, and when its copy was received in Hindaun, the plaintiff came to know of the news item, which was greatly defamatory. It was alleged that the cause of action arose at Hindaun when the paper was received on 27-12-1948. He claimed Rs. 1000/- as damages.3. The defendant admitted that he was the chief editor in name but that the editing was done by other persons. He did not admit the jurisdiction of the court, and pleaded bona fides in respect o...
Lal Chand Vs. Radha Ballabh
Court: Rajasthan
Decided on: Jan-06-1958
Reported in: AIR1959Raj240
Wanchoo, C.J.1. This is a second appeal by Seth Lal Chand in a suit for ejectment and arrears of rent and damages for use and occupation.2. The suit was brought by Seth Radha Bal-labh respondent. The case of the plaintiff briefly was that the shop in dispute originally belonged to Bakshi Bhagchand and was purchased by the plaintiff in April, 1947. The shop had been rented out by the previous owner to the defendant-appellant at Rs. 21/- per month for a fixed term of three years which expired on the 2nd of March, 1948. The plaintiff required the shop for his personal use; but as the defendant did not vacate the shop after the period of tenancy was over, the plaintiff served one month's notice on him in January, 1949. The defendant did not vacate the shop even then. Thereupon the plaintiff filed this suit with the permission of the Rent Controller who had granted a certificate to the plaintiff to sue for ejectment. The suit was- resisted by the defendant on various grounds, most of which ...
Kishen Raj and ors. Vs. Radhalal and ors.
Court: Rajasthan
Decided on: Jan-03-1958
Reported in: AIR1958Raj145
I.N. Modi, J.1. This is a second appeal by the defendant Kishenraj and others in a suit for redemption of mortgage.2. The appellants are mortgagees. Contesting respondents Nos. 1 to 3 who were plaintiffs in the trial court brought this suit on the 30th July, 1948, in which they also impleaded Sheo-raj as one of the defendants. The case of the plaintiffs was that they were the heirs of the deceased Laxminarain, the original mortgagor, who had executed a mortgage of the suit property in favour of the constesting respondents by a deed dated Samwat 1998 Bhadwa Vadi 10 (7th August, 1941) to secure a loan of Rs. 2400/- in all out of which Rs. 1600/- were to carry interest at the rate of 12 annas per cent per mensem and Rs. 800/- were Bhoglawa, that is, this latter sum was not to carry any interest.The plaintiffs further stated that they had Impleaded Sheoraj as a defendant as he was not prepared to join the suit. The plaintiffs also stated that they had given a notice to the defendants to re...
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