Rajasthan Court May 1963 Judgments
Swaroop Ram Vs. the State
Court: Rajasthan
Decided on: May-28-1963
Reported in: AIR1963Raj233; 1963CriLJ527
ORDERJagat Narayan, J.1. This is a revision application by one SwaroopRam who has been convicted under Sections 7(i) and 16(ii) of the Food Adulteration Act and sentenced to rigorous imprisonment for three months and to pay a fine of Rs. 1500/-or in default to undergo rigorous imprisonment for Three months..2. Two points were mainly argued on behalf of theapplicant. One was that the Chairman of the Municipal Board who granted the sanction was not duly authorised to do so and the other was that the sanction was bad. Reliance wasplaced on the decision of a learned single Judge of this Court in Chhanwar Lal v. The State, Cr. Revn. No. 198 of 1962, D/- 28-2-1963 (Raj).3. The point that the Chairman had no authority to grant sanction in the present case was not raised on behalf of the applicant in the Trial Court. It was sought to be raised for the first time in the Appellate Court but the latter declined to go into it, and rightly so in my opinion as it is a mixed question of fact and law....
Tag this Judgment!Brij Sunder Sharma Vs. Shri Ram Dutt and ors.
Court: Rajasthan
Decided on: May-21-1963
Reported in: AIR1964Raj99
ORDER1. This is a writ petition under Articles 226 and 227 of the Constitution by one Brij Sunder Sharma (hereinafter referred to as the petitioner) whose election to the Rajasthan Legislative Assembly from the Bundi constituency was challenged by Shri Ram Dutt, respondent No. 1 (hereinafter referred to as the respondent) by an election petition, challenging an order of the Election Tribunal Kota directing a recount of the ballot papers.2. The election was contested by five candidates and the result of the counting was as follows:(2) The election was contested by five candidates and the result of the counting was as follows:1.Shri Brij Sunder Sharma... 88492.Shri Ram Dut... 88213.Shri Ram Chandra... 46614.Shri Ranglal... 23605.Shri Ravi Dutta... 7823. The Returning Officer rejected 1032 ballot papers as invalid. The petitioner, who secured 28 votes more than the respondent, was declared elected. The respondent challenged the election of the petitioner inter alia on the ground that abou...
Tag this Judgment!Sunder Lal Chechani Vs. Sampat Lal
Court: Rajasthan
Decided on: May-10-1963
Reported in: AIR1963Raj226
1. This is an appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter referred to as the Act), by one Sunder Lal Chechani whose petition challenging the validity of the election of Sampat Lal respondent to the Mavli constituency of the Rajasthan Legislative Assembly at the general election of 1962 was dismissed by the election Tribunal, Udaipur, on August 7, 1962. 2. The petition, as originally filed on April 11, 1962, was based, on two grounds contained in paragraphs 4 and 5 of the petition which run as follows,-- '4. That the order of the Returning Officer rejecting the nomination paper of Shri Kesar Singh is illegal on the ground that the said Kesar Singh was never dismissed for corruption or disloyalty to the State and that no disqualification under Section 7(f) of the Representation of the People Act, 1951 could be attached to him; that the said Shri Kesar Singh was qualified to stand as a candidate in the election and his nomination had been improperl...
Tag this Judgment!RamnaraIn and anr. Vs. Kishorelal
Court: Rajasthan
Decided on: May-08-1963
Reported in: AIR1964Raj79
I.N. Modi, J. 1. This is a civil regular second appeal by the defendants in a suit for rent and ejectment. The suit for rent has been dismissed by both Courts below and there is no dispute-about that at the present stage, and the only question in controversy in the present appeal is About ejectment for which relief the suit has been decreed.2. The material facts leading up to this appeal may shortly be stated as follows. Nathmal and Dhanraj, father and son, obtained on rent the suit shop, which has been fully described in paragraph one of the plaint, from Purshottam Das and Murlidhar by a rent-note dated Maha Vadi 9 Smt. 1999 (corresponding to some time in 1942) Ex. P-I, by which the former agreed to pay rent at-the rate of Rs. 24/- per mensem to the latter. One of the terras in the rent-note was that the tenants would be willing to give vacant possession of the said shop whenever the landlords should demand possession of it. It appears that the tenants did not pay any rent to the land...
Tag this Judgment!Shivratan G. Mohatta, a Firm Vs. Sales Tax Officer, Jodhpur and anr.
Court: Rajasthan
Decided on: May-07-1963
Reported in: AIR1964Raj5; [1964]15STC966(Raj)
Bhandari, J.1. This is a Writ petition under Article 226 of the Constitution by Messrs. Shiv Ratan G. Mohatta which is a partnership Firm having its office at Station Road, Jodhpur, for quashing the order of assessment dated the 5th of March 1962 (Ex. 2 on the record) passed by the Sales Tax Officer, Jodhpur City Circle Jodhpur (Respondent No. 1) with respect to the assessment year 1958-59 to the extent it seeks to charge sales tax on the turnover of Rs. 23,92,252.75 nP. which sum according to the petitioner, represents the price realised on account of the sale of the cement imported from Pakistan as agent of Shri State Trading Corporation of India Private Ltd., New Delhi (hereinafter called 'the State Trading Corporation').The relevant facts relating to the import of the Pakistan cement are mentioned in Paragraph 9 of the petition and are not denied in the reply filed by the Slate of Rajasthan who is Respondent No. 2 and must also he taken to be admitted by Respondent No. 1. The Zeal ...
Tag this Judgment!Krishna Kumar Vs. Krishna Gopal
Court: Rajasthan
Decided on: May-07-1963
Reported in: AIR1964Raj21
1. This is an appeal under Section 116A of the Representation of the People Act, 1951, by Shri Krishna Kumar, against an order of the Election Tribunal, Kota, declaring void his election to the Rajasthan Legislative Assembly from the Kota City Assembly Constituency and holding him guilty of the corrupt practice mentioned in Section 123(5). The appeal is contested by the respondent Shri Krishna Gopal who had filed the election petition to challenge Shri Krishna Kumar's election.Shri Krishna Gopal is an elector of the constituency who had worked for the furtherance of the prospects of the Congress candidate Shri Rameshwar Dayal in the election. The candidature of Shri Krishna Kumar was sponsored by the Jan Sangh party. The votes polied by the contesting candidates at the polling which took place on 22nd February 1962 were as follows :1.Shri Krishna Kumar, Jan Sangh11,8862.Shri Rameshwar Dayal, Congress9,4143.Shri Purshottam Das, Socialist6,2614.Shri Abdul Gaffor Khan, Seerat Committee (I...
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