Rajasthan Court April 1959 Judgments
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Badridass Kanhaiyalal and anr. Vs. Appellate Tribunal of State Transpo ...
Court: Rajasthan
Decided on: Apr-27-1959
Reported in: AIR1960Raj105
Ranawat, J. 1. This is a petition under Article 226 of the Constitution of India by Badridass Kanhaiyalal, a registered firm and Shri Mahmood Khan, Motor Contractor of Tonk against the Appellate Tribunal of the State Transport Authority, Rajasthan, the Regional Transport Authority, Jaipur and three others for writs of certiorari and prohibition quashing the orders of respondents No. 1 and 2 dated 29-9-1958, and 5 and 6-5-1951 respectively and restraining them from issuing further permits to respondents Nos. 3 to 5 on Tonk-Sawai Madhopur route.2. The allegations of the petitioners are that they hold three stage carriage permits for plying buses on Tonk-Sawai Madhopur route and that the traffic on the said route is meagre and one only out of the three vehicles of the petitioners is used to meet the requirements of the traffic and the Collector and the Superintendent of Police, Tonk, after holding enquiries regarding the condition of the traffic on the route, came to the conclusion that t...
Deodutt Sharma Vs. Zahoor Ahmed Zaid and ors.
Court: Rajasthan
Decided on: Apr-24-1959
Reported in: AIR1960Raj25
Modi, J.1. This is a writ application by Deodutt Sharma under Article 226 of the Constitution, and arises out of an election dispute relating to the office of chairman of the Ajmer Municipal Committee. The petitioner claims to be the duly elected chairman of this committee. The respondent No. 1 Zahoor Ah-med Zaid is the Senior Vice Chairman. The respondent No. 5 Pratapchand Jain also claims to have been duly elected to the office of the Chairman of this Committee and is at present functioning as such.The respondent No. 4 is the Municipal Committee, Ajmer and respondents Nos. 2 and 3 are the Government of Rajasthan and the Collector, Ajmer. It appears that there are factions in this Committee, which are more or less evenly balanced, and these factions have been in existence for some time.2. In order to appreciate the controversy which has been raised before us, it is necessary to narrate a few material facts. A casual vacancy arose for the chairmanship of the Ajmer Municipal Committee o...
Bahori S/O Kalloo Vs. Ghure S/O Balwant and anr.
Court: Rajasthan
Decided on: Apr-24-1959
Reported in: AIR1960Raj15
ORDERSarjoo Prosad, C.J. 1. This is an application for setting aside an order dated 27-6-1958 passed by the Sub Divisional Magistrate of Bharatnur in a proceeding under Section 145 of the Criminal Procedure Code. The petitioner in this court was first party to the proceeding. The dispute relates to lands comprising an area of 40 1/4 bighas in village Shikasaria Tehsil Bharatpur. It is not disputed that the opposite party Ghure was a tenant in cultivation of the lands upto 5-6-1955; but it is claimed by the petitioner that the landlords on that date executed a Patta in favour of the petitioner and opposite party No. 2 for cultivation of the lands on payment of rent and that on the said date these lessees were put in possession thereof. 2. The proceeding in question was started on a petition filed by the petitioner on 18-12-1957 wherein it was alleged that the opposite party Ghure threatened to dispossess the petitioner from the disputed lands by force of arms and therefore a proceeding ...
Shrilal Vs. Manmath Kumar Misra and anr.
Court: Rajasthan
Decided on: Apr-16-1959
Reported in: AIR1960Raj173; 1960CriLJ996
ORDERI.N. Modi, J.1. This revision raises an interesting question of law relating to the interpretation of Section 197 of the Code of Criminal Procedure.2. The material facts are briefly these. The petitioner Shrilal is a resident within the town municipality of Sikar. Opposite party No. 1 Man-math Kumar Misra is the chairman of the Municipal Board, Sikar. Opposite party No. 2 Shanti Swaroop Goyal was its executive officer at the material time. A dispute arose between the petitioner and the municipal board over the erection of a wall to which the municipal board objected, but, which according to the petitioner he had erected on his own land. On 18-3-1957, the board gave the notice to the petitioner to dismantle the wall.The petitioner did not comply with this order. Thereupon the board ordered the demolition of the wall (obviously by its own men) on 9-4-1957. In the meantime the petitioner had instituted a suit in the court of the Munsiff Sikar and obtained an interim order of injuncti...
General Assurance Society Ltd. Vs. Rajasthan Agriculture Live Stock an ...
Court: Rajasthan
Decided on: Apr-15-1959
Reported in: AIR1960Raj169; [1961]31CompCas330(Raj)
Jagat Narayan, J.1. This is a reference by a learned Single Judge.2. The facts which have given rise to it are these. Winding up proceedings under Section 168 of the old Companies Act were started against the Rajasthan Agriculture Live Stock and General insurance Co. on the application of the General Assurance Society Ltd. on 1-5-54 in the court of the District Judge, Jaipur City. A winding up order was made on 19-12-56 and under this winding up order Shri K. L. Bohra who was then Deputy Registrar of the Jaipur Bench was appointed as Official Liquidator in the case. In this capacity Shri Bohra moved an application in the court of the District Judge for the prosecution of the Directors which was allowed. Against the order of the District Judge the Directors preferred an appeal to this Court Shri Bohra was implead-ed as a respondent in this appeal.3. In the meantime Shri Bohra ceased to to the Deputy Registrar of the High Court Bench at Jaipur and Shri M. J. Mardia was appointed in his p...
Rajputana Cold Storage and Refrigeration Ltd., Jaipur Vs. Government o ...
Court: Rajasthan
Decided on: Apr-08-1959
Reported in: AIR1959Raj275
Sarjoo Prosad, C. J. 1. This application has been presented by the Rajputana Cold Storage and Refrigeration Ltd., which for the sake of brevity will be hereinaftercalled the petitioner Company. It prays for a writ of certiorari quashing a notice dated 6-9-1957, issued by the Executive Engineer, Electrical Department, Government of Rajasthan and also for a writ of mandamus against the respondents -- the Government of Rajasthan and the said Executive Engineer-- directing them not to realise the amount claimed in the notice and also commanding them to reconnect the premises of the petitioner for supply of electrical energy,2. The petitioner company was registered in the year 1947 under the Indian Companies Act, 1913. It has been running its business of cold storage ever since, having its registered office located at Cold Storage Building, Jotwara, Jaipur. In the year in question, it appears that sanction was accorded to the Managing Agents of the Company, Messrs. Jath Brothers and Company...
Firm Murlidhar and ors. Vs. Firm Kishorilal and ors.
Court: Rajasthan
Decided on: Apr-02-1959
Reported in: AIR1959Raj246
Sarjoo Prosad, C.J.1. The preliminary point which Bhandari J. has referred for our consideration is 'Whether under the facts and circumstances of this case, an appeal against the order of the Civil Judge, Alwar dated the 22nd of March 1954 lay to the High Court or to the District Judge, Alwar.' The reference has been necessitated because the learned Judge was doubtful of the view taken by Modi J. in some earlier decisions of this Court to which reference will be made in due course.2. The facts relevant to the context have been aptly summed up by Bhandari J. The plaintiff instituted the suit to which the appeal relates for recovery of over Rs. 6,000/- from the defendants in the court of the Civil Judge, Alwar on July 26, 1948. The learned Civil Judge dismissed the suit on the 22nd of March 1954. It is important to remember that at the time of the institution of the suit, the Alwar State Civil Procedure Code, 1947 (No. 16 of 1947) was in force in the erstwhile Alwar State. The law relati...
Thanmal Surana and ors. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Apr-02-1959
Reported in: AIR1959Raj206
Sarjoo Prosad, C.J.1. These petitions for writs have been presented by certain commission agents and grain merchants of Ganganagar District. The common question raised in these applications is the constitutional validity of Sections 3 and 5 of the Essential Commodities Act, 1955 -(Act X of 1955 hereinafter called the Act) and certain orders and notifications issued thereunder.2. The relevant facts are brief. On 12-6-1958, the Central Government issued order No. 201 (25)/ 58-PY. 11 in exercise of the power conferred by Clause (c) of Sub-section (2) of Section 3 of the Act. The order is called the Gram (Rajasthan) Price Control Order, 1958. It extends to the whole of the district of Shri Ganganagar in the State of Rajasthan. By the order in question, the maximum price at which gram could be sold in wholesale quantity in the district was fixed at Rs. 10.50 per maund. This was exclusive of the cost of gunny bags. The Order also laid down specifications as to the average quality of the gram...
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