Rajasthan Court August 1961 Judgments
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Abdul Gafoor and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-29-1961
Reported in: AIR1962Raj174; 1961CriLJ426
Sarjoo Prosad, C.J.1. These four writ petitions can be convenient-by disposed of together because of identical questions which arise for consideration in them. The petitioners in writ applications No. 285 and 336 of 1961 are operators of stage carriages under permits granted to them on the Jaipur-Sikar route, whereas the petitioners in writ petitions Nos. 286 and 346 of 1961 are operators of stage carriages on the Bikaner-Salasar route. The Jaipur-Sikar route covers a distance of 73 miles and the Bikaner-Salasar route covers a distance of 130 miles and it is not disputed that both these routes are over-lapped by the Juipur-B kaner route which covers a distance of 235 miles. The complaint of these petitioners is that the non-petitioners had been plying their buses on the Al.war-Jaipur route, which route has since been nationalised by a scheme for nationalisation of road-ways prepared for the purpose; as a result of nationalisation the non-petitioners have been in the alternative inducte...
Vastulal Pareek Alias Bastilal Vs. Official Liquidator, Pareek Commerc ...
Court: Rajasthan
Decided on: Aug-21-1961
Reported in: AIR1962Raj118; [1961]31CompCas77(Raj)
Sarjoo Prosad, C.J.1. These appeals are directed against the order of Jagat Narayan, J. dated 4-1-1960, passed in the course of a proceeding for winding up Pareek Commercial Bank Ltd. which is under liquidation. They arise out of connected applications presented by the official liquidator of the Bank under Section 235 of the Companies Act, 1913.2. Shri Vastu Lal, respondent No. 1, was the Chairman of the Bank and Shri Ishwardas, Shri Ishwardutta and Shri Ghanshyam Dass, respondents 2 to 4 (no longer parties to the appeal) were its Directors. Under the Articles of Association of the Bank the general management of its business was vested in the Chairman, subject to control and supervision of its Directors'. The Chairman used to preside over the meetings of the Board of Directors and the Directors had conferred full authority on him to carry on the business of the Bankincluding sale and purchase of shares and securities.It appears that initially the Pareek Commercial Bank had been started...
Shyamsunder Vs. Mst. Chand Bai and ors.
Court: Rajasthan
Decided on: Aug-16-1961
Reported in: AIR1962Raj96
I.N. Modi, J.1. This is a defendant's second appeal in a suit for possession which has been decreed against him by both Courts below. The plaintiff respondent Girdharilal having died during the pendency of this appeal, his sons Manoharlal and three others have been substituted in his place.2. The case out of which this appeal arises has had a chequered history. The parties are admittedly descendants of a common ancestor. Kishenlal father of the defendant appellant Shyamsunder brought a suit for partition against the plaintiff in 1962 Samwat in the civil court of Thikana Banera. The parties referred the matter to arbitration as a result of which a decree based on an award was passed on Fagun Sudi 3 Smt. 1962 (i.e., some time in 1905 A. D.) The award held among other things, with which we are not concerned, that that portion of the suit house which was built by Kishenlal and in which he resided was to go to him and the rest was to go to Girdharilal, plaintiff here. Unfortunately neither ...
Daulat Singh Vs. Ratan Chand
Court: Rajasthan
Decided on: Aug-03-1961
Reported in: AIR1962Raj41
Sarjoo Prosad, C. J. 1. This appeal by the judgment-debtor arises out of an execution case.2. The relevant facts may be briefly set out to appreciate the point involved, which is one of limitation (sic). The decree-holder respondent obtained a decree for money against the appellant judgment-debtor from the Court of the Additional Subordinate Judge, First Class, Ajmer on 2-11-44. The decree was transferred originally for execution to a Court at Nimbera. Nimbera was then a part of Rajasthan which excluded the territory of Ajmer. Ultimately, when the Court at Nimbera was abolished and the territorial jurisdiction of that Court was transferred to the Court of Civil Judge, Chittor, proceedings for execution were taken out by the decree-holder in the Chittor Court. The appellant objected to the execution of the decree on the ground that it had been passed by a Court within the former State of Ajmer which was then a foreign court and could not be executed in the court at Chittor as the judgme...
Smt. Kiran Kumari and anr. Vs. Sethani Prabhavati Kanwar and ors.
Court: Rajasthan
Decided on: Aug-03-1961
Reported in: AIR1962Raj139
Shinghal, J.1. This is an appeal against the order of the learned District Judge Ajmer, dated October 6, 1960 dismissing the joint application filed by appellant Smt. Kiran Kumari alias Roop Kanwar and her husband Narendraput Singh for the grant of probate of a will (Ex. 1) said to have been executed by Smt. Manohar Kanwar on July 20, 1947, in favour of Smt Kiran Kumari. Smt. Manohar Kanwar was the second wife of Seth Gumanmal and died issueless on July 16, 1949. Guman Mal's first wife Smt. Sobhag Kanwar had died in 1901 leaving behind a son Jeetmal and a daughter Ratan Kanwar. Jeetmal died and Smt. Prabhavati Kanwar (respondent No. 1) is his widow. Smt. Ratan Kanwar was married to one Deep Chand and appellant Smt. Kiran Kumari is their daughter. Respondent Man Mohan Lal claims to be the adopted son of Smt. Prabhavati Kanwar. An application was filed by Narendraput Singh before the District Judge, Ajmer, on August 9, 1949, for probate of the aforesaid will, in his capacity as its execu...
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