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Rajasthan Court May 1959 Judgments

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May 07 1959

Maharaja Shree Umaid Mills Ltd. Vs. Union of India (Uoi) and ors.

Court: Rajasthan

Decided on: May-07-1959

Reported in: AIR1960Raj92

Jagat Narayan, J.1. This appeal arises out of a suit brought by the Maharaja Shri Umaid Mills Ltd., Pali, against the Union of India, the State of Rajasthan, the Collector of Central Excise, New Delhi and the Superintendent of Central Excise, Jodhpur, for various reliefs which was dismissed by the District Judge, Jodhpur, by his judgment dated 3-9-1954.2. The facts which appear from the evidence on record are that the Government of Jodhpur was desirous that someone should set up a cloth mill at Pali and applications were invited from prospective promoters by public advertisement in pursuance of Council Resolution No. 1 dated 30-3-1931. The offer of Seth Magnee Ram Bangur was accepted by His Highness the Maharaja of Jodhpur. vide letter (Ex. 16) dated 22-4-1938. on terms and concessions contained in the enclosure to that letter. It was ordered that a formal agreement should be drawn up by Messrs. Crawford Bailey and Co. Solicitors of Bombay and the Public Works Minister was authorised t...


May 07 1959

Ghisia and ors. Vs. State

Court: Rajasthan

Decided on: May-07-1959

Reported in: AIR1959Raj266; 1959CriLJ1359

Modi, J.1. These are two criminal matters which raise a common question of law, and we propose to dispose of them by a single judgment. The question for determination is whether, the trial of a warrant case, which is instituted otherwise than on a police report, under Section 251-A of the Code of Criminal Procedure, while it should have been tried in accordance with the procedure laid down in Section 252 Cr. P. C. and the next following sections amounts to an illegality which would vitiate the trial. It is necessary to state just a few facts of the two cases which have been referred to us.2. In Criminal Revision No. 28 of 1958, the accused Ghisia, Balu and Mangia were convicted by the Special Magistrate, Jaipur under Section 54 (a) of the Rajasthan Excise Act (No. II) of 1950 (hereinafter referred to as the Excise Act) for distillation of illicit liquor, and each of them was sentenced to three months' rigorous imprisonment. The case was challaned in the court of the Magistrate by the E...


May 05 1959

Kishangarh Electric Supply Co. Ltd. Vs. United State of Rajasthan

Court: Rajasthan

Decided on: May-05-1959

Reported in: AIR1960Raj49

K.L. Bapna, J.1. This is a first appeal by the plaintiff in a suit for recovery of damages.2. The plaintiff is the Kishangarh Electric Supply Co. Ltd., and the suit was instituted for recovery of damages to the tune of Rs. 1,99,600/-against the United State of Rajasthan in the Court of District Judge, Kishangarh, on 25-11-1949, on the allegations that on 22-12-1942, the then Kishangarli State granted a licence to Lohawala and Co. of Ajmer for the supply of electricity to Kishangarh and Madan Ganj on certain conditions mentioned in the licence. It was alleged that the Kishangarh State handed over the charge of the building of the Power House, its lands, plants and machines etc. which were of the value of Rs. 50,000/- to Lohawala and Co.It was alleged that the said Lohawala and Co. transferred all its rights in favour of the plaintiff on 7-4-1946, according to the terms and conditions of the licence, and handed over possession of all the lands, buildings and material to the plaintiff. It...


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