Rajasthan Court August 1964 Judgments
Surajmal Roopchand and Co. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-31-1964
Reported in: AIR1967Raj104; 1967CriLJ809
Tyagi, J. 1. This writ application filed by Messrs. Surajmal Roopchand under Article 226 of the Constitution of India through one of its partners Ram Gopal arises out of the following circumstances:2. The Petitioner is a partnership firm with five persons, namely, Ghasilal, Mannalal, Roopchand, Surajmal and Ram Gopal as its partners, and it carries on its business at Kota and deals in the purchase and sale of grain. On 19-6-1964 it despatched 91 bags of Jawar and 59 bags of maze from Kota Junction rail way station for Amalsar and Dehad stations respectively in the State of Gujarat. It is alleged that the said booking of the grain was done in the normal course of business, and it was after receiving proper receipts from the railway officials that the goods were handed over to the Western Railway authorities at Kota Junction. On 18th June, 1964. the District Magistrate. Kota, purporting to act under the authority conferred on him by Rule 125 of the Defence of India Rules, 1962 (hereinaft...
Tag this Judgment!Rewachand and anr. Vs. Anandsingh Kachhawaha and ors.
Court: Rajasthan
Decided on: Aug-28-1964
Reported in: AIR1965Raj58
Modi, J. 1. This is an appeal by Shri Rewachand and Shri Keshavsingh, election petitioners, under Section 116A of the Representation of the People Act, 1951 (Act No. 43 of 1951, hereinafter called the Act) against the judgment and order of the Election Tribunal, Jodhpur, dated the 29th November, 1963, dismissing their election petition.2. The appellants and respondents Nos. 1 to 8 stood up as candidates for election to the Rajasthan Vidhan Sabha from the Jodhpur City 1 Assembly Constituency at the General Election held in 1962. The poll took place on the 23rd February, 1962, as a result of which Shri Anand Singh, the contesting respondent was declared successful. This led to the institution of an election petition by the present appellants which was dismissed by the order under appeal. We consider, it unnecessary to set out the allegations on which the election petition was founded, for the purposes of the present judgment as certain preliminary objections have been raised before us on...
Tag this Judgment!Triveni Shyam Sharma Vs. Board of Revenue and ors.
Court: Rajasthan
Decided on: Aug-27-1964
Reported in: AIR1965Raj54
Dave, C. J.1. This is an application under Article 226 of the Constitution of India by Pandit Triveni, Shyam Sharma and is directed against the decision of the learned Members of the Board of Revenue for Rajasthan dated the 13th June, 1961.2. The facts giving rise to it are that the petitioner and one Gyarsia jointly filed a suit against Mangia and four others, for possession of Khasra No. 538 situated in village Thundi, tehsil Dausa. It was averred that plaintiff No. 2 Gyarsia, in that case, was a Khatedar tenant of the said Khasra No. 538 which was a grove-land, having about forty mango trees and that he had transferred his Khatedari rights by sale to petitioner Triveni Shyam Sharma by a registered. sale-deed dated 31st December, 1955. It was further stated that the vendor had delivered possession of the grove-land to the petitioner, that the defendants had without any right wrongfully dispossessed the petitioner from the said property and so, it was prayed that the possession of the...
Tag this Judgment!Dal Chand Vs. the State
Court: Rajasthan
Decided on: Aug-27-1964
Reported in: 1966CriLJ236
ORDERL.N. Chhangani, J.1. This is a revision by Dalchand against the appellate judgment and order of the Additional Sessions Judge, Jhalawar, dated 21st of June, 1963, maintaining his convictions under Sections 452 and 323, Indian Penal Code. The petitioner was convicted by the Munsif Magistrate, Jhalawar, by his order dated 31st January, 1963 for these offences The Munsif Magistrate awarded 6 months' rigorous imprisonment and a fine of Rs, 3Oo/-, in default, further rigorous imprisonment for 3 months under Section 452 and one month's rigorous imprisonment under Section 323, Indian Penal Code. The Additional Sessions Judge while maintaining the convictions modified the sentences awarded by the Munsif Magistrate. He set aside the sentence of fine awarded under Section 452. He also set aside the substantive sentence under Section 323 but awarded a sentence of fine amounting to Rs, 100/-and in default directed that the accused will undergo one month's rigorous imprisonment.2. The fads giv...
Tag this Judgment!Balji Vs. Murarka Radheyshyam Ramkumar
Court: Rajasthan
Decided on: Aug-26-1964
Reported in: AIR1965Raj23
Modi, J. 1. This is an election appeal under Section. 116A of the Representation of the People Act (No. 43) of 1951 (hereinafter called the Act).2. The appellant Shri Balji was a candidate for election to the House of the People from the Jhunjhunu Parliamentary Constituency at the General Election held in January, 1962. The respondent Shri Murarka Radheyshyam Ramkumar was declared successful at this election. There were more than a dozen other candidates at the election in question, but we are not concerned with them. The appellant's nomination paper was rejected by the Returning Officer Shri V. I. Raja-gopal R. W. 2 (Collector, Jhunjhunu) at the time of the scrutiny which was held on the 22nd January, 1962. A copy of the order of rejection of the nomination paper is Ex. 13. It shows that neither the candidate Shri Balji nor his proposer Abdul Gani nor any election agent or representative on his behalf was present at the time of the scrutiny. The reason for the rejection was stated to ...
Tag this Judgment!Lokashan JaIn Udyog Mandir Ltd. Vs. Kalooram and anr.
Court: Rajasthan
Decided on: Aug-25-1964
Reported in: AIR1965Raj15
Modi, J.1. This is a civil regular first appeal by the plaintiff Lokashan Jain Udoyog Mandir Ltd., a registered company under voluntary liquidation through its liquidators, against the judgment and decree of Senior Civil judge, Jodhpur dismissing its suit on the ground that the agreement of lease on which the suit was founded was compulsorily registrable but it was not registered.2. By this agreement dated the 2nd January, 1950 the defendant-respondent Kalooram obtained a lease from the plaintiff of the right to run a printing press for a period of three years together with the entire machinery, types, furniture etc., which was part and parcel of the press. It was stipulated between the parties that the defendant would pay a sum of Rs. 4511/- annually for the right he had acquired. It was further agreed between them that this agreement was to last for a period of three years certain on either side and that if the defendant should give up the contract before the stipulated period of thr...
Tag this Judgment!Balmukand Vs. the Board of Revenue for Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-24-1964
Reported in: AIR1965Raj38
Modi, J. 1. This is an application for writ under Article 226 of the Constitution, against a judgment and order of the Board of Revenue dated the 28th November, 1960. 2. It is unnecessary to state the facts leading up to this writ application at any length, because, in our opinion, it can be finally disposed of on a short point relating to limitation. Suffice it to state that the dispute is about Khatedari rights with respect to field No. 302 measuring 105 Bighas odd in village Rampura, Tehsil Itawa, District Kotah. One Mst. Gendi was admittedly the lastholder of this field as 'Muafidar'. She appears to have died some time in 1945-46. The petitioner's case is that he was entered as a Sub-tenant of this field in the revenue papers right from 1945-46. It further appears that an inquiry was made by the revenue department as to who the heirs of the deceased Mst. Gendi were if any. The Commissioner of Kotah eventually found that there was none, and, therefore, the grant was resumed to the S...
Tag this Judgment!Maide Khan and anr. Vs. State
Court: Rajasthan
Decided on: Aug-21-1964
Reported in: AIR1965Raj72; 1965CriLJ476
ORDERC.B. Bhargava, J.1. This is an application in revision by Maice Khan and Saide Khan against their conviction under Section 326 of the Indian Penal Code. Each of them has been sentenced to rigorous imprisonment for one year.2. The case of the prosecution against them was that on 2nd March, 1962 at about 1 P. M. Saide Khan Petitioner drove his flock of sheep numbering about 500 into the field of Mohkamsingh (P. W. 2) and Rajendrasingh (P.W. 7)where sarson crop was standing. It is said that the sheep caused considerable damage ft the standing crop. Mehkamsingh and Rajendrasingh then collected the sheep and started for Talwara cattle pound to put them there. It is further said that while Mohkamsingh and Rajendrasingh were only a mile away from Talwara, The petitioners along with three other persons namely Umarkhan, Phalak Sher and Sattarkhan riding on horses reached there. Umarkhan and Maidekhan were aimed with Sailas, Saide Khan was armed with agandasi, Phalak Sher had a rifle and Sa...
Tag this Judgment!Bagh Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-19-1964
Reported in: AIR1965Raj21; 1965CriLJ217
ORDERL.N. Chhangani, J. 1. The petitioner Bagh Singh was convicted by the Sub-Divisional Magistrate, Jalore, for different offences under the Motor Vehicles Act) (which shall ereinafter be referred to as the Act) as detailed below: 1. For an offence under section 123 read with section 42 of the Act for driving Truck No. RJQ 2989 without permit ....Fine of Rs. 500/-and in default simple imprisonment for 20 days.2. For offence under section 125 read with S. 94 of the Act for running truck No. 2989 without getting the truck insured.Fine of Rs. 500/-and in defaultsimple imprisonment for 20 days.3. For an offence under S. 53 read with S. 112 of. the Act for driving tha truck without a licence.Fine of Rs. 50/-and in default simple imprisonment for 10 days.It appears that the trial Magistrate adopted the summons procedure and on the appearance of the accused stated particulars of the offences of which he was charged, and asked the accused to show cause why he should not be convicted. In his e...
Tag this Judgment!Mst. Dhani Vs. State and anr.
Court: Rajasthan
Decided on: Aug-18-1964
Reported in: AIR1965Raj70; 1965CriLJ338
L.N. Chhangani, J.1. This is an appeal by Mst. Dhani on leave granted under Section 417 Sub-section (3), Criminal P. C. by this Court, against the order of the First Class Magistrate No. 1, Jodhpur, acquitting the respondent Mst. Gopi of an offence under Section 323, Indian Penal Code.2. The respondent has raised a preliminary objection that the appellant was not entitled to the grant of special leave under Section 417 Sub-section (3), Criminal P. C. and consequently, she urges that the leave should be revoked and the appeal be dismissed.3. In appreciating the preliminary objection it is necessary to set out the following facts:--Appellant filed a complaint against the respondent under Section 325, Indian Penal Code. The case was, however, registered under Section. 323 Indian penal Code, On 28th May, 1962 the appellant remained absent and the Magistrate acting under Section 247, Criminal P. C. acquitted the respondent. The appellant applied for a copy of the order of the Magistrate acq...
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