Rajasthan Court September 1959 Judgments
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Balbir Anand and ors. Vs. Ram Jawaya Kapoor and ors.
Court: Rajasthan
Decided on: Sep-29-1959
Reported in: AIR1960Raj192
Pbhandari, J. 1. This is a miscellaneous first appeal against the order of the District Judge, Alwar, dated 24-3-1958, by which he ordered that the factory The Alwar Mineral Syndicate', which was the subject matter of litigation between the parties, be given on lease to Shri Ram Jawaya Kapoor (Respondent No. 1) for a term of five years from 1-6-1958 at Rs. 1,000/-/- per month. In pursuance of that order, the Receiver who had been appointed in compliance with the order of the High Court for United State of Matsya, Alwar dated 31-3-1949 executed a lease on 16-4-1958 in favour of Respondent No. 1 and delivered the possession of the factory premises on that date to Respondent No. 1. 2. The plaintiffs, Ram Swaroop and Ravindra, who are Respondents Nos. 2 and 3 in this appeal, instituted a suit in the court of the District Judge, Alwar, on 11-1-1949 claiming that they had two-third share in the suit property and that the same should be partitioned and the defendants be also ordered to furnis...
Sheo Prakash Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-25-1959
Reported in: AIR1960Raj72
Modi, J. 1. This writ application by Sheo Prakash Singh son of Thakur Sanwal Singh under Article 226 of the Constitution is directed against the order of the Revenue Board of this State dated 17-10-1958, by which it has granted a review of an earlier order of the Board dated 29-10-1957, and ordered the case to be listed for re-hearing and fresh disposal in accordance with law in a matter arising under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (No. VI of 1952) (hereinafter referred to as the Resumption Act). The petitioner is a minor and was Jagirdar of Thikana Siwar in the former Jaipur State and his jagir was resumed on 1-7-1954, under the Resumption Act and he has filed the present application with Thakur Umed Singh as his next friend.2. The dispute out of which the present application has arisen relates to a piece of land measuring about 50 Bighas situate on the Tonk road within the municipal limits of the Jaipur city. The petitioner's case is that this land was ...
Saleh Raj and ors. Vs. Chandan Mal and ors.
Court: Rajasthan
Decided on: Sep-23-1959
Reported in: AIR1960Raj47
Ranawat, J.1. This is an appeal from an order of a Single Judge of this Court dated 15-10-1957, remanding the suit to the first Court for trying other issues and then passing a decree for redemption of the mortgaged property.2. Chandan Mal and Pukhraj filed a suit against Saleh Raj and three others in the Court of the Munsiff Jalore, on 18-12-1951, for redemption of the property described in para, 2 (e) of the plaint on payment of an amount of Rs. 269-8-0 in Indian coin. It was alleged by the plaintiffs that their ancestors mortgaged the said property with the aricestors of the defendants in Sambat year 1936 Kartik Badi 3, for an amount of Rs. 430-5-0 Akheshahi equivalent to Rs. 269-8-0 in Indian coin, by way of possessory mortgage with the stipulation that the mortgage money shall carry no interest and the property shall bear no rent.The plaintiffs prayed that a decree for redemption be passed against the defendants on payment ofthe mortgage-money. The defendants contested the suit an...
Brijlal Vs. State
Court: Rajasthan
Decided on: Sep-14-1959
Reported in: AIR1960Raj90
ORDERD.S. Dave, J. 1. This reference comes on the report of the learned Additional Sessions Judge, Sikar, dated 7-8-1958. 2. The facts giving rise to this case are that on 21-12-1957, the District Superintendent of Police, Sikar, upon credible information, came to believe that the house of one Brijia situated in the locality called Nala Ka Bas at Sikar was used as a common gaming house and therefore he issued a warrant under Section 5 of the Rajasthan Public Gambling Ordinance, 1949 (which will hereinafter be referred as the Ordinance) and authorised the Sub Inspector of Police, Kotwali Sikar, to search the said house and arrest the persons who may be found gaming therein. The Sub Inspector was also authorised to seize instruments of gambling, money etc. if found at the said place. Shri Rajni Prasad, Sub Inspector of Police (P. W. 2) thereupon went to the said place and he actually found 6 persons gambling with cards and money on the roof of the said house (Brijia's house). He arrested...
Brijmohan and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-10-1959
Reported in: AIR1960Raj118
Modi, J. 1. This is an application for writ by Brijmohan and others under Articles 226 and 227 of the Constitution by which the constitutionality of the Jaipur Prevention of Unequal Marriages Act, 1948 (No. 39 of 1948) (hereinafter called as the Act of 1948) has been challenged.2. The material facts are these. Petitioner No. 1 Brijmohan is the son of the petitioner No. 2 Ramvallabh. Petitioners Nos. 3 and 4 are husband and wife. The latter agreed to marry their daughter Ramrathi Devi to petitioner No. 1 and to that end their betrothal ceremony was performed on the 21st May, 1958. The marriage was fixed for the 13th December, 1958. On the 27th November, 1958, the opposite party No. 3 Narainlal made an application in the court of opposite party No. 2, a Magistrate of the First Class, Jaipur City, that the marriage between Brijmohan and Ramratni Devi be prohibited under Section 12 of the Act of 1948 inasmuch as Ramratni Devi was only 14 years old and Brijmohan was 48 years old, and their ...
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