Rajasthan Court August 1959 Judgments
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Daulat Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-29-1959
Reported in: AIR1960Raj86
ORDERD.S. Dave, J. 1. This is an application by Daulat Ram under Article 226 of the Constitution of India. 2. It is stated by the petitioner that he is a duly elected member of the Municipal Board. Ladnu and was personally interested in the election of its Chairman which was scheduled to be held at 11 A.M. on 20-8-1959. The District Magistrate and Collector, Nagaur, nominated respondent No. 2, Shri Kiran Babu, Sub-Divisional Magistrate, Didwana, to preside over the meeting for the said election and to receive nominations of candidates, The nominations were to be submitted to respondent No, 2 at least 48 hours before the time fixed for the meeting and, therefore, they should have been submitted before 11 A.M. on 18-8-1959. According to the petitioner, his nomination paper was taken to Didwana by Shri Kanhaiyalal Sethi, and Shri Gordhan. The petitioner and his supporters including Shri Atma Ram and Shri Mohanlal Bohra also accompanied the above two named sponsors, who were the elected me...
State of Rajasthan Vs. Madanswarup and anr.
Court: Rajasthan
Decided on: Aug-28-1959
Reported in: AIR1960Raj138
Modi, J. 1. These are two appeals by the defendant State against two separate judgments of the District Judge Bikaner of the same date that is tile 31st May, 1954, by which he decreed the suits of the two plaintiffs for damages for breach of certain alleged contracts of service. As these appeals raise precisely the same questions of law, this judgment will govern both of them.2. The salient facts of the two cases may be shortly stated as follows:3. The suit in appeal No. 77 of 1954 was filed by Laxminarain, a legal practitioner of the erstwhile Covenanting State of Bikaner and now an Advocate of this Court. His case was that ho had been engaged by the former State of Bikaner as an Assistant Government Advocate in 1931 and since then he had been in continuous employment as such or as Acting Government Advocate or as Government Advocate until October, 1947 in that State. The plaintiff had the option throughout this period to continue his civil practice. From November, 1, 1947, an agreeme...
Raj Mal and anr. Vs. Mst. Bachan Kanwar
Court: Rajasthan
Decided on: Aug-27-1959
Reported in: AIR1960Raj170
ORDERD.S. Dave, J.1. This is an application by the plaintiffs for refund of court-fees under Section 13 of the Court-fees Act and arises in the following circumstances :2. The plaintiffs filed a suit in the court of the Civil Judge, Jalore, for Rs. 7000/ on the basis of a bond, which was said to have been executed by Zalim Singh, Jagirdar of Rathora. Zalim Singh having died, the suit was filed against his two widows Mst. Pep Kanwar and Mst. Bachan Kanwar. Defendant No. 3 Jeevraj Singh was impleaded on the ground that he claimed to be the adopted son of Zalim Singh. Ganpat Singh was impleaded as defendant No. 4 since he claimed to be the nearest heir of Zalim Singh. The State of Rajasthan was also impleaded as defendant No. 5 since the property of the deceased was said to have been taken in Zapti. The trial court dismissed the suit on the ground that notice under Section 80 C. P. C. was not served on the State and that a notice under Section 55 of the Rajasthan Court of Wards Act ought ...
Associated Cement Companies Ltd. (Lakheri Cement Works) Vs. Industrial ...
Court: Rajasthan
Decided on: Aug-24-1959
Reported in: (1959)IILLJ810Raj
D.M. Bhandari, J.1. This is a petition under Article 226 of the Constitution of India praying that a writ of certiorari or any other appropriate writ or direction or order be issued against respondent 1, the industrial tribunal, Rajas-than, Jaipur, after quashing his order dated 7 January 1958, directing him to decide the application made by the petitioners under Section 33(2)(6) of the Industrial Disputes Act, 1947 (hereinafter called the Act), in accordance with law.2. The petitioners own and manage several cement manufacturing factories, one of which is the Lakheri Cement Works at Lakheri in the State of Rajasthan. Sri Hari-prasad, respondent 2, was a workman employed in the petitioners works at Lakheri as 'C' grade electrician in the electrical department. On 29 June 1957, respondent 2 was served with a chargesheet for the various acts of misconduct alleged to have been committed by him during the period from 11 May 1957 to 27 June 1967. He was suspended on 29 June 1957. It is stat...
The State Vs. Sohan Lal
Court: Rajasthan
Decided on: Aug-20-1959
Reported in: AIR1960Raj44; 1960CriLJ278
Modi, J.1. This is an appeal by the State against the order of the Sub-Divisional Magistrate Bikaner, dated 20-1-1958. in a case under Section 408 I. P. C. by which he framed an amended charge against the accused for the certain offences of breach of trust alleged to have been committed by him during the period ranging from Kati Sudi 1 Smt. 2007, to Kati Vadi 15 Smt. 2008, and further ordered that the accused be acquitted with respect to the other breaches of criminal trust alleged to have been committed by him for the years Smt. 2007 to Smt. 2011 excluding the period last-mentioned.2. Only a few facts need be mentioned to bring out the point which has been canvassed before us in this case. A combined charge-sheet for all the alleged offences was presented against the accused in the court of the Sub-Divisional Magistrate, Bikaner, on the allegation that he was a Munim of Naraindas Daga and had committed the various breaches of criminal trust with respect to the monies which had been en...
Suraj NaraIn Vs. Hari Ram
Court: Rajasthan
Decided on: Aug-13-1959
Reported in: AIR1960Raj166
ORDERK.L. Bapna, J.1. This is a revision by the defendant in a suit for recovery of money.2. The plaintiff Hari Ram received a draft from one of his customers for a sum of Rs. 500/- dated 30-7-1951 drawn on the Punjab National Bank Bikaner and as he had no account with the Bank he approached the defendant Suraj Narain. Suraj Narain carried on joint family business in the name of Anand Roop Nainsukh Das at Bikaner. The plaintiff's case is that he went to the defendant and requested him to have the draft encashed through the defendant's bank as the defendant had an account in the bank, and the defendant agreed to do so and to pay the money to the plaintiff on encashment of the draft. It was alleged that the plaintiff endorsed the draft and handed over the draft to the defendant on 3-8-1951, and the draft was encashed on 6-8-1951 by the Pareek Commercial Bank, City Branch, Bikaner, to whom the draft was endorsed by the defendant. It was alleged that the plaintiff demanded the amount of th...
Motilal Ram Kalyan and ors. Vs. Appellate Authority of State Transport ...
Court: Rajasthan
Decided on: Aug-13-1959
Reported in: AIR1960Raj201
Modi, J. 1. These are two connected writ applications by the same petitioners under Article 226 of the Constitution and arise out of the same facts. We, therefore, propose to dispose of them by a single judgment. 2. The petitioners are the existing operators on what were formerly two separate routes namely Sawai Madhopur-Bonli via Jastana and Sawai Madhopur Lalsot via Jastana, each of these routes being 42 miles long having a common route of 30 miles between Sawai Madhopur and Jastana. The position in 1956 was that of these petitioners, nine held stage carriage permits for Sawai Madhopur Lalsot route and two held permits for the Sawai Madhopur Bonli route. By its resolution No. 202 dated 12-4-1956 (Ex. 1), the Regional Transport Authority at the request of all the petitioners amalgamated these tworoutes temporarily, to start with, and thereafter as a permanent measure by its resolution No. 434 dated 24-8-1957 (Ex. 5) and regular permits tor this amalgamated route were granted to all th...
Brij Ballabh Goyal Vs. Shri Satya Dev and anr.
Court: Rajasthan
Decided on: Aug-07-1959
Reported in: AIR1960Raj213; 1960CriLJ1136
ORDERD.S. Dave, J. 1. This is an application in revision by complainant Brij Ballab against the order of the learned Sessions Judge, Bikaner, dated 20-3-1959. 2. The facts giving rise to it are that the petitioner filed a complaint under Section 500 I. P. C. in the court of the Sub-Divisional Magistrate, Bikaner, on 21-11-1958, against two persons, namely, Shri Brij Nandan Shinghai and Shri Satya Dev. The petitioner's complaint was that in June, 1958, he was Circle Manager, Bank of Bikaner. Accused No. 1, Shri Brij Nandan Shinghai, who was Internal Auditor, made a report dated 18-6-58 in respect of the complainant's work. According to the complainant, that report contained several defamatory remarks, which were made by accused No. 1 only on account of his ill-will and malice towards the complainant and that the charges, which he had levelled against the complainant, were absolutely false. It was further alleged that accused No. 1 had published the defamatory imputations made against th...
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