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Rajasthan Court October 1958 Judgments

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Oct 29 1958

Dhaniram Vs. Bhairon Prashad and ors.

Court: Rajasthan

Decided on: Oct-29-1958

Reported in: AIR1959Raj78

Jagat Narayan, J.1. These connected appeals arise out of two suits for pre-emption instituted in respect of agricultural land situated in village Majra and sold by Mukhram and Ganga Sahai to Bhairon Prashad and Sheodan, on 27-9-41 for Rs. 2000/-. At the time of the sale the property was in possession of Nandram, Hetram and Ramjilal under a mortgage for Rs. 3000/-. The names of the vendees were mutated over the property by the order of the Tehsildar dated 11-10-41.The vendees thereafter filed a suit for redemption of the property which was decreed. They redeemed the property on payment of Rs. 3000/-mortgage money plus Rs. 187/8/- costs of suit and took possession over it. On 29-8-42, Dhaniram filed a suit for pre-emption in respect of the property which was ultimately tried by the District Judge under the orders of the then Alwar High Court dated 5-11-47.Before the suit was disposed of Richpal brought another suit for pre-emption in respect of the same property on 24-8-46 in the court o...


Oct 29 1958

Mst. Dakhan Bai and Mst. Anandi Bai Vs. Dhanraj

Court: Rajasthan

Decided on: Oct-29-1958

Reported in: AIR1959Raj144

D.S. Dave, J.1. Both these cross appeals arise out of the same case and therefore they are disposed of together.2. The facts giving rise to them are that the houses of both the parties are situated in a locality called Talav-Para in Bar.an. The backs of both the houses are adjacent to each other. In between the backs of the two houses, there is a small lane which is 1' 6' wide at the northern end and 1' 6 1/2' wide at the southern end. The plaintiff's house faces east, while the defendant's house faces west.3. The plaintiff's case was that in the second storey of his house there were 3 windows and 4 ventilators, and in the third storey there were 3 windows and one ventilator opening towards west, i.e. the defendant's house, that he was receiving light and air from the said windows and ventilators for more than 20 years and that the defendant on his side had started constructions which would almost close the said windows and ventilators and deprive him of the air and light which he was ...


Oct 17 1958

Anil Bus Service and anr. Vs. Appellate Tribunal of State Transport Au ...

Court: Rajasthan

Decided on: Oct-17-1958

Reported in: AIR1959Raj119

Jagat Narayan, J. 1. This is an application under Article 226 of the Constitution against an interlocutory order passed by the Appellate Authority staying the operation of the order of the Regional Transport Authority granting them temporary permits for Jaipur-Delhi route.2. The facts which have given rise to this application are these. An agreement has recently been arrived at between the States of Rajasthan, Punjab and Delhi, in pursuance of which buses will run directly between Jaipur and Delhi. It has been decided that Rajasthan will put 4 buses and the States of Punjab and Delhi will put 2 buses each on this route. The Regional Transport Authority, Jaipur Region, accordingly invited applications for the grant of 4 temporary permits for this interstatal route pending grant of permanent permits.Twentysix applications were filed which were considered by the Regional Transport Authority at its meeting dated 28-3-1958. Four permits were granted to M/s. Aram Bus Transport Association, M...


Oct 14 1958

Automobile Transport (Rajputana) Ltd. and ors. Vs. Nathuram Mirdha and ...

Court: Rajasthan

Decided on: Oct-14-1958

Reported in: AIR1959Raj121

Jagat Narayan, J. 1. This is an application under Article 226 of the Constitution against an appellate order under the Motor Vehicles Act (hereinafter called the Act) granting 5 further permits along the Ajmer-Beawar route to respondents Nos. 2 to 6. The petitioners are the existing operators on the route. Members of the Automobile Transport Ltd., petitioner No. 1, hold 6 permits on this route. Petitioners Nos. 2 and 3 hold one permit each.2. The facts which have given rise to this application are these. In its meeting held on 25-2-56 the Ajmer State Transport Authority decided to increase the number of buses operating on this route from 14 to 17. Applications for the grant of three permits were consequently invited by means or a notice published in accordance with the Rules prescribed by the Ajmer Government for publishing the applications for grant of permits under Setion 57 of the Act.No less than 102 bus owners filed applications for the grant of further permits for the route. Thes...


Oct 09 1958

Bansidhar Vs. State

Court: Rajasthan

Decided on: Oct-09-1958

Reported in: AIR1959Raj191; 1959CriLJ1112

ORDERD.M. Bhandari, J. 1. This is a revision application on behalf of Banshidhar who was convicted by the Magistrate First Class, Sambhar under Section 266 I. P. C. and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 300/- or in defaultof payment of fine to undergo 20 days simple imprisonment. The applicant filed an appeal before the Sessions Judge, Jaipur District Jaipur which was transferred to the Additional Sessions Judge, Jaipur District. The appeal was dismissed on the 19th of February, 1958. Hence this revision application.2. The applicant is a licenced opium dealer in the town of Sambhar. The Station House Officer, Sambhar received a complaint that the applicant and Radhey Lal kept two sets of weights in their shop and that one set of the weights was less in weight than the standard weight, and that he defrauded the public by using false weights. The Station House Officer made a search of the shop of the accused under Section 153 Cr. P. C. and...


Oct 03 1958

Sunder Das BhasIn Vs. the Regional Settlement Commissioner, Jaipur and ...

Court: Rajasthan

Decided on: Oct-03-1958

Reported in: AIR1959Raj102

I.N. Modi, J. 1. This is an application for writ: by Sunder Das Bhasin, under Article 226 of the Constitution, challenging the orders of the Assistant Settlement Officer, Jaipur, dated 28-1-1957, and of the Regional Settlement Commissioner dated 21-2-1957, by which they refused to grant him compensation for certain rural properties left by him in Pakistan while migrating to India, on the ground that he was an allottee of agricultural land within the meaning of Rule 65 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter called the Displaced Persons Compensation Rules) made under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act No. XLIV of 1954) (hereinafter called the Displaced Persons Compensation Act). 2. The material facts are these Prior to his settling down in India, the petitioner was admittedly a resident of Village Chak Ramdas, Tehsil Bhulwal, District Sargodha, in what is now called the West Pakistan. It is also admitted tha...


Oct 01 1958

Jas Karan Vs. Bhanwarlal and anr.

Court: Rajasthan

Decided on: Oct-01-1958

Reported in: AIR1959Raj45

I.N. Modi, J. 1. This is an appeal by the plain-tiff Jaskaran against the judgment of the Civil Judge, Sikar dated 27-5-1952 in a suit for recovery o money by which he returned the plaint for presentation to the proper Court under Order 7, Rule 10 of the Civil Procedure Code. 2. It is unnecessary to state the facts of this case at length in view of the conclusion at which I have arrived that this appeal must go back to the learned District Judge concerned in whose court it was originally filed for disposal on merits. A few facts may, however, be stated which have culminated in the presentation of this appeal here. 3. The suit was filed by the plaintiff on 25-5-1950 in the Court of the Civil Judge, Sambhar and eventually it was disposed of by the Civil Judge, Sikar to whom it had been transferred in the meantime. The Civil Judge decided all the other issues except that of jurisdiction in favour of the plaintiff, but as he came to the finding that the defendants did not actually live wit...


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