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Rajasthan Court September 1962 Judgments

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Sep 24 1962

Kanhaiyalal Vs. the University of Rajasthan and ors.

Court: Rajasthan

Decided on: Sep-24-1962

Reported in: AIR1965Raj84

ORDER1. This is a writ petition under Articles 226 and 227 of the Constitution.2. The petitioner Shri Kanhaiyalal is a registered graduate of the University of Rajastnan. By Resolutions Nos. 24 and 21, dated the 28th of January, 1958 and 8th of January 1959 respectively, the University of Rajasthan, which is Respondent No. 1 in this Writ Petition, decided to award the degree of the Doctor of Philosophy to Respondent No. 4 Shri Madan Lal Sharma, who was a Lecturer in the Maharaja's Sanskrit College, Jaipur, and the said degree was conferred on him. According to the petitioner, Respondent No. 4 managed to get the aforesaid resolution passed at the meetings of the Syndicate by exercising his influence on some members of the Syndicate.The contention of the petitioner is that Respondent No. 4 had never applied for being awarded the degree of Doctor of Philosophy but had applied only for the degree of 'Vachaspati'; that for the degree of Doctor of Philosophy under Ordinance No. 124, made und...


Sep 21 1962

Bheek Chand and ors. Vs. Parbhuji

Court: Rajasthan

Decided on: Sep-21-1962

Reported in: AIR1963Raj84

ORDERJagat Narayan, J. 1. This is a revision application by the plaintiffs in a suit for recovery of money which was decreed by the trial Court, but was dismissed by the appellate Court.2. The suit was Instituted against Ranji, Parbnuji and Mulji sons of Panajl on the allegation that they carried on business in partnership at Balotra in the name Ranji Panaji and had dealings with the plaintiffs beginning from Asad Badi 13 Section 2008 corresponding to 20-6-52. It was alleged that they purchased one bag of tobacco worth Rs. 90/- on that date and purchased 11 bags of tobacco 10 days later worth Rs. 2001/-. Further they were alleged to have made payments from time to time. An accounting took place between the parties on 26-10-54 when a debit balance of Rs. 462-8-0 was found against them for which a fresh Khata was executed by Parbhuji on behalf of the defendants on that date. Parbnujl was also alleged to have signed the debit and credit sides of the previous Khata.3. According to the plai...


Sep 17 1962

Chhinga Ram and anr. Vs. Nihalsingh and ors.

Court: Rajasthan

Decided on: Sep-17-1962

Reported in: AIR1963Raj100

I.N. Modi, J.1. This is a plaintiffs' second appeal in a suit for money which has been dismissed by both courts below.2. The facts giving rise to this appeal He within a short compass. The plaintiffs' case was that the defendants respondents borrowed a sum of Rs. 700/- from them on the 2oth December, 1951 (the date mentioned by the learned Civil Judge in his judgment under appeal as 20th October, 1951 is wrong) and had agreed to pay interest at the rate of Rs. 1/8/- per cent, per mensem thereon. As a security for this loan, the defendants mortgaged a 'Bara', belonging to them (and which is fully described in the document Ex. 1 dated the 20th December, 1951,) to the plaintiffs. It was further stipulated in this document that if the defendants should fail to pay the entire amount of the loan together with interest due on it at the end of two years from the date of the loan, the plaintiffs would be entitled to take possession of the Bara. The document containing the terms aforementioned w...


Sep 12 1962

Rehmanbux and ors. Vs. Dhaloo Mal and ors.

Court: Rajasthan

Decided on: Sep-12-1962

Reported in: AIR1963Raj177

ORDERJagat Narayan, J.1. This is a revision application by one Rahim Bux, who has since died, against an appellate order of the District Judge, Jodhpur, granting com-pensation to Dhaloo Mal respondent under Section 95 C. P. C.2. Rahim Bux instituted a suit for the recovery of appears of rent and for ejectment against Dhaloo Mal in respect of a house situated at Jodhpur. On the date on which he instituted the suit he filed an application under Order 38 Rule 1 C. P. C. supported by an affidavit praying that a warrant of arrest be issued for the arrest of Dhaloo Mal. It was alleged in the application and the affidavit that Dhaloo Mal was intending to leave the jurisdiction of the Court. The learned Civil Judge in whose Court the suit was instituted issued a warrant of arrest for Dhaloo Mal who was arrested and brought before him on the very day. He was released on furnish- ing security. He filed an application on 9-1-58 for the cancellation of the order of arrest and for the discharge of ...


Sep 11 1962

Ramlal Vs. Union of India (Uoi) and anr.

Court: Rajasthan

Decided on: Sep-11-1962

Reported in: AIR1963Raj57

I.N. Modi, J.1. This is a civil regular second appeal by the plaintiff Ramlal in a suit for declaration which has been dismissed by both courts below.2. The material facts leading up to this appeal may be shortly stated as follows. The plaintiff was admittedly a Watchman in the service of the Western Railway at the time with which we are concerned, that is, on the 24th February, 1953. He was posted at the Gangapur Railway Station of the said Railway. In the course of his duties on the 24th February, 1953, he acted as an escort (from the eastern side) to the 848 Up Goods Train leaving Agra East Bank for the Bayana Railway Station. This train left Idgah at 9.25 p.m. on that night, and wagon No. 18714 on this train was checked and found in order at the time of the departure of the train from Idgah Station. After the train had reached the Fatehpur Sikri Railway Station, which was the next stoppage for this train, it was found that the doors of the aforesaid wagon had been opened on the eas...


Sep 10 1962

Parmeshwar Dayal S/O Pt. Sanwal Dass of Bikaner Vs. State

Court: Rajasthan

Decided on: Sep-10-1962

Reported in: AIR1963Raj126; 1963CriLJ44

L.N. Chhangani, J. 1. This is an appeal by the accused Parmeshwar Dayal against the order of the Special Judge, Jaipur City, dated 10th November, 1961, convicting him under Section 161, Indian Penal Code and Section 5(2), Prevention of Corruption Act, 1947 .and sentencing Slim to three months rigorous imprisonment and a fine of Rs. 100/- under both the counts, and, in default one month's further rigorous imprisonment. 2. The prosecution case was that in January, 1960, the accused-appellant Parmeshwar Dayal was in the service of the Northern Railway, discharging his duties as a Time Keeper in the Office of the Permanent Way Inspector, Suratgarh. One Bhagwan Singh, who was working in Gang No. 1, Srivijay Nagar, wanted transfer from that gang and he, therefore, applied to the Permanent Way Inspector, Suratgarh, for his transfer. In connection with that application, Parmeshwar Dayal wanted a bribe of Rs. 40/- from Bhagwan Singh. Bhagwan Singh (PW/2) contacted Mool Singh Gosani, (PW/13) Rai...


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