Rajasthan Court January 1963 Judgments
Anopchand Vs. Misrilal and ors.
Court: Rajasthan
Decided on: Jan-30-1963
Reported in: AIR1963Raj184
D.M. Bhandari, J. 1. This is a Civil Second Appeal and raises an interesting point of law. The plaintiff appellant is the owner of a shop in village Atbara (Tehsil Sojat). The plaintiff opened two windows in his shop towards the south. The defendants erected a wall adjacent to the southern wall of, the plaintiff's shop and closed the two windows. The plaintiff, therefore, filed a suit for demolition of the wall erected by the defendants and for a permanent injunction restraining the defendants from closing the windows. The allegation of the plaintiff is that the land on which the defendants had erected the wall was the property of the State being a public lane and the defendants had no right to erect the wall and close the windows of the plaintiff's shop, thus obstructing the passage of light to his shop. The defendants pleaded that there was an old wall of the 'pol' at the spot which belonged to the defendants who were residents of Barfon-ki-Bas and on its falling down the wall was re...
Tag this Judgment!Pooranchand and ors. Vs. Shriram and ors.
Court: Rajasthan
Decided on: Jan-30-1963
Reported in: AIR1963Raj245
Dave, J. 1. This is an appeal by the defendants against the judgment and final decree passed by the learned Senior Civil Judge, Ajmer, on 24th October, 1960. 2. It involves two ticklish questions of law and in order to appreciate them properly, it seems necessary to narrate the facts which have given rise to them. 3. All the four appellants are real brothers, being sons of one Mst. Sardha Devi alias Sardhamani who is no longer alive. Between the years 1936 and 1939 their mother obtained loans from one Ramdhan, father of respondents Nos. 1 and 2, and executed four mortgage-deeds on different dates. Ramdhan brought a suit for recovery of the entire mortgage-money secured by all the said documents, against the present appellants on 14th March, 1946 in the Court of Sub-Judge, Ajmer. That suit was at the request of the parties, referred by the Court to the arbitration of two persons, namely, Sri Daya Shankar and Sri Devi Dayal who were respectively counsel for the plaintiff and the defendan...
Tag this Judgment!Smt. Leela Vs. Dr. Rao Anand Singh and anr.
Court: Rajasthan
Decided on: Jan-29-1963
Reported in: AIR1963Raj178
Chhangani, J. 1. This is an appeal by Shrimati Leela under Section 28 of the Hindu Marriage Act (No. 25 of 1955 hereinafter to be referred to as the 'Act') against the judgment of the District Judge, Jaipur City, dated 18-1-1960 dismissing her petition under Section 13 of the Act for dissolution of the marriage.2. A few facts about which there is no controversy may be stated first. The respondent No. 1 Dr. Rao Anand Singh is a Hindu and had already been married to Shrimati Roopwati Devi according to Hindu rites prior to his marriage with the petitioner-appellant. The petitioner-appellant was a Christian by birth. The appellant and the respondent No. 1 tried in the first instance to get their marriage solemnised according to christian-rites but did not succeed. She, therefore, became a convert to Hinduism on 27-8-1953 and on the same day she was married to the respondent No. 1 according to Hindu rites. The case of the petitioner in her petition then was that at the time of her marriage ...
Tag this Judgment!Dhan Singh Yadav and anr. Vs. Badri Prasad
Court: Rajasthan
Decided on: Jan-29-1963
Reported in: AIR1963Raj198
B.P. Beri, J.1. This is a plaintiffs' second appeal directed against the judgment and decree of the Senior Civil Judge, Ajmer, dated 20th August, 1059, whereby he dismissed the suit of the plaintiffs on the ground that they had no locus standi to bring this action.2. Dhansingh Yadav and Ramdayal Sakarwal were employees of the General Post Office, Ajmer, in 1951. In the course of their official duty they were responsible for making payment of six 5 Years Cash Certificates of the value of Rs. 1,000/- each. These certificates were purchased on 13th September, 1937 and by process of renewal they were to mature after 15 years. The holder of these certificates Badri Parsad, defendant in this case, presented them at the General Post Office, Aimer, on 2oth September, 1951, when only 14 years had elapsed. Dhansingh Yadav and Ramdayal Sakarwal, however, on account of an error in calculation treated these certificates to have completed 15 years and thus paid Badri Parsad an excess amount in the s...
Tag this Judgment!The Management of the Railway Employees' Co-operative Credit Society L ...
Court: Rajasthan
Decided on: Jan-22-1963
Reported in: AIR1964Raj4; (1963)ILLJ388Raj
Ranawat, C.J.1. This is an application under Article 226 of the Constitution of India.2. The Management of the Railway Employees' Cooperative Credit Society Ltd., Jodhpur Division, Jodhpur (hereinafter referred to as the Society) is a party to an industrial dispute which is pending before the Industrial Tribunal, Rajasthan, in connection with the removal of Shri Kanraj Mehta and withholding grade increments in cases of Achleshwar Sharma, V. D. Sharma and G. S. Saxena. The dispute was referred by the Government of Rajasthan under Section 10 of the Industrial Disputes Act on an application of the Secretary, Northern Railway Mazdoor Union, Jodhpur (hereinafter referred to as the Union).The petitioner came to this Court by way of a writ petition in the case of Management of the Railway Employees' Co-operative Credit Society Ltd. v. The Industrial Tribunal, Rajasthan, Jaipur, ILR (1962) 12 Raj 458, and challenged the jurisdiction of the Industrial Tribunal to entertain the said reference on...
Tag this Judgment!Gordhan Vs. Azimkhan and anr.
Court: Rajasthan
Decided on: Jan-11-1963
Reported in: AIR1963Raj224
Jagat Narayan, J.1. This is a revision application by Gordhan, a decree-holder, against an order of the Additional Civil Judge No. 2, Jodhpur, holding that his Court is inferior to that of Judge, Small Causes, Jodhpur, within the meaning of Section 63 of the Cods of Civil Procedure.2. The facts giving rise to this revision application are these :In execution of a decree, which the applicant had obtained against Azimkhan, respondent No. 1, who is an employee in the Northern Railway Workshop at Jodhpur, the learned Additional Civil Judge sent an order to the Works Manager under Order 21, Rule 48 of the Code of Civil Procedure attaching the monthly salary of Azimkhan to the extent of Rs. 15.50 per month. That officer intimated to the Court that the salary of Azimkhan to the extent of Rs. 14/- per month had already been attached under an order of the Judge, Small Causes, Jodhpur, and sent him a sum of Rs. 1.50 only. Gordhan decree-holder thereupon filed an application on 14th April, 1962 b...
Tag this Judgment!Educational and Civil List Reserve Fund No. I, Udaipur and ors. Vs. Co ...
Court: Rajasthan
Decided on: Jan-03-1963
Reported in: AIR1964Raj59; [1964]51ITR112(Raj)
Modi, J.1. This is a consolidated reference by the Income-tax Appellate Tribunal, Bombay Bench 'B' arising out of a group of twelve reference applications under Section 66(i) of the Indian Income-tax Act. The applicant in all these cases is His Highness Maharana Bhagwat Singhji of Udaipur who alleges himself to be the trustees of three funds known as (i) Raj Kutumb Fund (ii) Educational and Civil List Reserve Fund No. 1 and (iii) Educational and Civil List Reserve Fund No. 11. The Tribunal has referred to the applicant ad the sole trustee and the three funds respectively as the R. K. Fund, No. 1 Trust Fund and No. 2 Trust Fund and we shall adhere to the same nomenclature in the rest of our judgment. These twelve reference applications arose out of the several assessments made in respect of the aforesaid three funds for the assessment years 1953-54, 1954-55, 1955-56 and 1956-57 the relevant accounting years being the financial years ending 31st March, 1953, 1954, 1955 and 1956 respectiv...
Tag this Judgment!Bal Krishna Vs. District Traffic Superintendent, Western Railway (by D ...
Court: Rajasthan
Decided on: Jan-03-1963
Reported in: (1963)IILLJ187Raj
ORDERJagat Narayan, J.1. These are connected revision applications arising: out of two claims preferred by Bal Krishna, applicant, under Section 15 of the Payment of Wages Act.2. Bal Krishna was employed as a clerk in grade I in the B. B. & C. I. Railway on 5 October 1936 in the scale of Rs. 30-4-50-5-80 on a minimum salary of Rs, 40 per month. There were three grades of clerks. The salary of clerks in grade II was Rs. 100 and of those in grade III was Rs. 140. Bal Krishna officiated in grade II with effect from 2 April 1946 and in grade III with effect from 26 December 1946. On 1 January 1947 his substantive appointment was in grade I and his substantive pay was Rs. 80 per month. New scales of pay came into force in 1947 and in place of grades II and III one grade with a scale of pay of Rs. 80-5-120-E.B.-8-160 was introduced. An option was given to the clerks concerned to get their salary fixed in this grade either with effect from 1 January 1947 or with effect from 16 August 1947. Ba...
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