Rajasthan Court February 1958 Judgments
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Bhanwarlal and anr. Vs. Dhulilal and ors.
Court: Rajasthan
Decided on: Feb-06-1958
Reported in: AIR1959Raj218
K.L. Bapna, J.1. This case has been referred to a Division Bench by a learned Judge sitting in Single Bench, before whom the case first came for hearing,2. The respondents Dhulilal and Chandralal instituted a suit in the court of the Munsif, Mainwa, on the allegations that the first defendant Sukh-deva had mortgaged a mango tree in village Jaja-war, situated in the land of Dewlawala well, and later on by document of Kartik Sudi 12, Smt. Year 1998 (November, 1941), the said mortgagor transferred his ownership of the mango tree to the plaintiffs for a consideration of Rs. 72/-, the stipulation being that the plaintiffs will continue to enjoy the fruits of the tree so long as it will exist.It was alleged that the said defendant Sukh-deva wrongfully purported to sell the same tree by registered document of 7-11-1950 to defendants Nos. 2 to 5, Bhanwarlal, Birdhilal, Mohanlal and Sualal. The plaintiffs instituted the suit for decla-ration that the said document was null and void, as the vend...
Laxmilal and ors. Vs. Bherulal
Court: Rajasthan
Decided on: Feb-05-1958
Reported in: AIR1958Raj349; 1958CriLJ1546
ORDERD.S. Dave, J.1. This reference comes on the report of the learned Sessions Judge, Udaipur, dated 30-9-1957.2. The facts giving rise to it are that one Bherulal presented an application in the Court of the Magistrate First Class, Udaipur, on 23rd October, 1957, against five persons for taking proceedings against them under Section 107 of the Criminal Procedure Code. On 26-11-1956, the Magistrate passed an order under Section 112, Cr. P. C. and directed summonses to issue against the opposite party along with a copy of the said order.During the course of the proceedings, he passed another order on 24-4-1957, under Section 117 (3) directing the persons, in respect of whom the order under Section 112, Cr. P. C. was passed, to execute a bond with a surety to the tune of Rs. 501/- each for keeping peace, pending the conclusion of the enquiry. Against this order, the non-petitioners filed a revision application in the Court of the learned Sessions Judge.The learned Judge has reported tha...
Jethmal and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-04-1958
Reported in: AIR1959Raj75
K.N. Wanchoo, C.J.1. This is an application under Article 226 of the Constitution by Jethmal and 19 others against the State of Rajasthan, Village Panchayat Chandarun and Kanaram, Sarpanch of the Panchayat challenging the imposition of a tax on wood imposed by the Panchayat with the sanction of the Government,2. The case of the applicants is that they received a notice from the Panchayat on 2-9-1957 in which they were told that a tax of 3 naye paise per maund had been imposed on all wood imported within the Panchayat Circle with the sanction of the Government. Consequently, they were asked to pay the tax at that rate on all wood in stock with them.They-were also told that they would have to pay the tax on any fresh wood received by them. The present application was made soon after this notice was received by the applicants. Their case is that the tax has not been legally imposed and they are not bound to pay it. They have also said, that in any case it was not open to the Panchayat to ...
Ghanshyamlalji Vs. Collector, Udaipur and ors.
Court: Rajasthan
Decided on: Feb-03-1958
Reported in: AIR1958Raj161
Jagat Narayan, J. 1. This revision application arises out of a suit under Section 92 C. P. C. brouglit by the Collector of Udaipur, in exercise of the powers of the Advocate General conferred on him by the Government of Rajasthan against Gcswami Govindalji Maharaja and some other defendants including three deities Shri Nathji, Shri Navanit Priyaji and Shri Madan Mehan Lalji installed in the temple at Nath-dwara, Goswami Govindlalji Maharaj defendant No. 1 is the present manager of the deities. Defendants 3 to 12 are members of an ad-hoc committee of management who manage the affairs of the temple along with defendant No. 1. A scheme of management was filed along with the plaint and it was prayed that this scheme might be given effect to under the provisions of Section 92 C. P. C. In their written statements all the defendant except No. 7 accepted all the allegations made in the point and expressed their agreement to the proposed scheme. Defendant No. 7 opposed the scheme and the plaint...
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