Rajasthan Court April 1958 Judgments
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Sajjansingh and anr. Vs. Bhogilal Pandya and anr.
Court: Rajasthan
Decided on: Apr-07-1958
Reported in: AIR1958Raj307
I.N. Modi, J. 1. This is an application for writ by Sajjansingh and Maharaval Laxmansingh under Article 226 of the Constitution and arises under the following circum-stances.2. The petitioners were respectively a voter and a candidate in and from the Aspur Assembly Constituency in this State at the general election held in early 1957. Opposite Party No. 1 Bhogilal was declared to have been duly elected as a member from the Aspur Constituency to the Legislative Assembly of the State as a result of the said election. Sajjansingh filed an election petition on 23-4-1957, before the Election Commission, praying that the ejection of Bhogilal Pandya be set aside and that the petitioner No. 2 Maharaval Laxmansingh the rival contesting candidate be declared as duly elected from the said constituency.Shri Sumairnath Gurtu District and Sessions Judge, Udaipur, was appointed by the Election Commission as a Tribunal to try this election Deti-tion in July, 1957. The Election Commission fixed 23-7-19...
S.B. Chaturvedi Vs. G.C. Chatterjee and ors.
Court: Rajasthan
Decided on: Apr-03-1958
Reported in: AIR1959Raj260
Wanchoo, C.J. 1. This is an application under Article 226 of the Constitution for a writ of quo warranto against the appointment of Shri G. C. Chatterji as Vice Chancellor of the University of Rajputana in November, 1956. The applicant's case is briefly this. Shri Chat-terji was appointed Vice Chancellor in 1953 and his term of office was to expire on the 31st of October, 1956. The procedure for the appointment of the Vice Chancellor is contained in section 12 of the University of Rajputana Act, 1946 as amended up to date (hereinafter called the Act). Whenthe term of Shri Chatterji was to run for a few months more, a meeting of the Syndicate of theUniversity was called and a resolution was passed recommending the reappointment of Shri Chatterji as Vice Chancellor for a second term of three years in continuation of his first term from 1st ofNovember, 1956. In pursuance of this resolution, the Chancellor of the University appointed Shri Chatterji as Vice Chancellor for a second term of t...
Hoti Lal Vs. Raj Bahadur
Court: Rajasthan
Decided on: Apr-03-1958
Reported in: AIR1959Raj227
K.N. Wanchoo, C.J.1. This is an appeal by Shri Hotilal under section 116A of the Representation of the People Act (No. 43 of 1951) hereinafter called the Act, against the judgment of the Election Tribunal, Jaipur, rejecting the election petition filed by bim against Shri Raj Bahadur, who was elected from Bharatpur Parliamentary Constituency.2. The appellant is an elector in the constituency. He did not stand for election, but he filed the election petition against the successful candidate on two main grounds : --(1) That the nomination paper of a candidate Shri Mukat was wrongly rejected by the Returning Officer.(2) The Returning Officer had committed an illegality in treating Shri Hansraj, who was one of the nominated candidates, as properly retired under Section 55A of the Act.3. It was urged that on account of these two defects, the result of the election had been materially affected and the election of Shri Raj Bahadur was void.4. The application was opposed by Shri Raj Bahadur. Hi...
Kistoormall and ors. Vs. Sattar Mohamed and ors.
Court: Rajasthan
Decided on: Apr-03-1958
Reported in: AIR1958Raj276
Jagat Narayan, J.1. This is an appeal by the plaintiffs against a decree of the Senior Civil Judge, Jodhpur, dismissing a part of their claim in a suit brought under Section 31 of the Specific Relief Act for (1) a rectification of the boundaries of the mortgaged property in mortgage-deed dated 1-4-46, (2) a rectification of the boundaries of the mortgaged property given in the plaint in mortgage suit No. 47/48-49 brought in the Court of the District Judge, Jodhpur, on the basis of the mortgage-deed and (3) declaration that the preliminary and final decrees in suit No. 47/48-49 dated 30-11-49 and 13-3-50 respectively relate to the property described in para 1 of the plaint of the present suit and the plaintiffs have a right to get the house sold in execution of the decree.The mortgage-deed was executed by one Dhume Khan, who died before the suit was brought. Sattar Mohamed, defendant No. 1, is the son, Smt. Chanda and Smt. Hanifa, defendants Nos. 2 and 3 are the widows and Smt. Halima i...
Sadul Textile Mills Ltd. Vs. Workmen of Sadul Textile Mills and anr.
Court: Rajasthan
Decided on: Apr-01-1958
Reported in: AIR1958Raj202; (1958)IILLJ628Raj
K.N. Wanchoo, C.J. 1. This is an application under Article 226 of the Constitution by Shri Sadul Textile Mills Ltd., Sri Ganganagar challenging the order of the Industrial Tribunal, Rajasthan dated the 15-4-1957.2. The facts which have led to the present petition are these. The applicant is a public limited company having its registered office at Sri Ganganagar and runs a textile mill there. This mill was being supplied electric energy by the Government Power House. In April 1954 the company received a notice from the Collector Sri Ganganagar with respect to certain electric charges due from the company to the Power House for supply of electric energy.The applicant disputed the correctness of the charges and this matter was fixed before the Collector for decision for the 25-8-1954. But on the 15-8-1954 the company received a telegram from the Government of Rajasthan intimating that if the dues were not paid before the 20-8-1954, electric supply would be cut off from the 20th of August....
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