Rajasthan Court October 1964 Judgments
Kanhaiyalal Vs. Badrilal and anr.
Court: Rajasthan
Decided on: Oct-26-1964
Reported in: AIR1965Raj121
D.M. Bhandari, J. 1. This is a Civil Regular Second Appeal by the plaintiff from the judgment and decree, dated the 24th of February, 1959, of the District Judge, Jhunjhunu reversing on appeal the Judgment and decree, dated the 17th of November, 1958 of the Civil Judge, Neem-ka-Thana.2. The plaintiff-appellant Kanhaiyalal filed the suit for the recovery of Rs. 600/- as damages against defendant-respondents Badrilal and Shri Ram alleging that the defendants had obtained a decree against Ganpat and Bhura, sons of Teja and in execution of that decree they had got attached on 21st of January 1955 one she-buffalo with a female calf and another shebuffalo (called 'jhotri' in local parlance). These cattle, according to the plaintiff, had been handed over by him to Bhura and Ganpat for grazing and had been attached on account of enmity by the defendants knowing full well that they belonged to the plaintiff and that his judgment-debtors had no right, title and interest therein. It was further a...
Tag this Judgment!Poonamchand and anr. Vs. the Municipal Board and anr.
Court: Rajasthan
Decided on: Oct-26-1964
Reported in: AIR1965Raj98
ORDER1. This is a writ petition under Article 226 of the Constitution directed against an order of the Revenue Appellate Authority, Kota, dated 6-5-64, whereby in exercise of its revisional powers under Section 300 of the Rajasthan Municipalities Act, 1959, hereinafter to be called the '1959 Act', it set aside an appellate order of the Collector, Jhalawar and restored that of the Municipal Board, Jhalawar, by which the Board had ordered the demolition of two shops alleged to have been constructed by the petitioners in Bada Bazar, Jhalawar, in contravention of the permission granted by the Municipal Board.2. The petitioners were the owners of three shops in what is known as the Bada Bazar in the town of Jhalawar. They wanted to construct two bigger shops in place of the three shops and, therefore, they applied to the Municipal Board on 18-6-63 for granting them permission for the same and by its order dated 15-7-63, the Municipal Board granted the permission for the construction subject...
Tag this Judgment!Gobaria and ors. Vs. State
Court: Rajasthan
Decided on: Oct-26-1964
Reported in: 1966CriLJ235
ORDERL.N. Chhangani, J.1. The petitioners Gobaria, Sohan and Sitaram sons of Bhopa, Ganchi of Jodhpur, have filed this revision against the order of the Additional Sessions Judge, Jodhpur, dated 23rd May 1963, set-ting aside their discharge by the Additional Munsif Magistrate No. 1, Jodhpur, and directing a further enquiry against them.2. The facts leading to the order of remand may be briefly stated as follows:The Tehsildar Jodhpur exercising powers of Collector under Section 230 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the Act) issued a warrant for the attachment of the immovable property of Bhopa Ganchi. The warrant was to he executed before 29th August 1962. The warrant was endowed to Revenue Inspector Chanwar and Patwari Jhalamand. It appears that the warrant was not expected to be executed before 29th of August 1962 and consequently, on that date the Revenue Inspector submitted an application to the Tehsildar for extending the date. The Tehsildar passed...
Tag this Judgment!Muthrilal and ors. Vs. Bhup Singh
Court: Rajasthan
Decided on: Oct-21-1964
Reported in: 1965CriLJ836
ORDERL.N. Chhangani, J.1. his reference laises an interesting question of law, namely whether a Court while issuing an injunction under Section 12(1) of the Child Marriage Restraint Act (hereinafter called the Act) prohibiting the child marriage can issue a further direction that marriage of a person alleged to be a child shall not be celebrated for a further period of six to eight years.2. The facts which gave rise to the reference raising the above question of law, are briefly these- Bhupsingh who was the petitioner before the trial Court and is the non-petitioner in this reference and who shall be referred to as the petitioner, submitted an application in the Court of Munsif Magistrate, Illndaun, on 23rd of February. 1963. against Muthari, Smt. Rumari, Parshadi and Smt. Badami, alleging that the non-petitioners (petitioners here and who shall be called non-petitioners hereafter) were about to solemnise the child marriages of their sons Kishanlal and Shanti Swaroop aged 10 and 12 yea...
Tag this Judgment!ishwari Prasad Atri Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-12-1964
Reported in: AIR1965Raj147
Kan Singh, J. 1. This is a writ petition under Article 226 of the Constitution filed by petitioner Ishwari Prasad Atri, who was holding the post of an Overseer on a temporary basis, challenging the order of his termination of services dated 31-12-1962, on the ground that the same is violative of Article 311(2) of the Constitution. 2. The petitioner was in the service of the former Jaipur State as an Overseer in the Public Works Department. Sometime in the year 1946, he was involved in a case of bribery and as a result of the prosecution, launched against him, he was sentenced to imprisonment for one year in January, 1949. It seems that when Rajasthan was formed he was serving out the sentence of imprisonment. On his release from jail sometime in the year 1950, the petitioner started working as a Public Works Contractor and continued to work as a Contractor till 12-4-1956, when he was appointed as an Overseer in the Civil Division of the Electrical and Mechanical Department, Rajasthan. ...
Tag this Judgment!ShyamnaraIn Sharma Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Oct-09-1964
Reported in: AIR1965Raj87
D.S. Dave, C.J.1. This is a writ application under Article 226 of the Constitution of India by one Shyamnarain Sharma challenging the validity of the order of his dismissal from service dated the 27th April, 1962.2. It is common ground between the parties that the petitioner was Ticket Collector in Western Railway and was posted at Jaipur in 1961. The Divisional Commercial Superintendent, Western Railway, Jaipur, gave him a charge-sheet dated 31st August, 1961 together with a statement of allegations. It was alleged against him that he had illegal relations with one Smt. Savitri Devi and that he abducted her from Ajmer on 24th March, 1961. It was next alleged that he left the head-quarters on 16th and 24th March, 1961 and also absented himself on 25th March, 1961 without prior permission of the competent authority. The third allegation was that he travelled without ticket on 16th, 24th and 25th March, 1961 by trains which were mentioned in Ex. 1. The Divisional Commercial inspector, Ja...
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