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Rajasthan Court March 1965 Judgments

Mar 31 1965

State of Rajasthan Vs. Pukh Raj

Court: Rajasthan

Decided on: Mar-31-1965

Reported in: AIR1965Raj196; 1965CriLJ677

B.P. Beri, J. 1. This is an appeal under Section 417 of the Criminal P. C. against the judgment and order of acquittal passed by the First Class Magistrate, Nasirabad on 18th June, 1983 in a case of rash driving and causing hurt thereby. 2. Facts leading up to the present appeal are these : On 2nd May, 1982 at about 8 in the morning accused Pukhraj, respondent before me, is said to have been driving his car bearing No. MSW 105 which collided with a truck bearing No. RJZ 209 and thereby caused hurt to the occupants of his own car, namely, his wife, his son and his daughter. For that reason a report was presented against the respondent in the Court of the Munsiff Magistrate First Class, Nasirabad, who framed a charge on 2-1-1963 against the respondent under Section 338, Penal Code (causing grievous hurt by an act endangering life or personal safety of others) read with Section 279, Penal Code (rash driving on a public way). The case was then adjourned to 12th March, 1983, but no prosecut...

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Mar 22 1965

State of Rajasthan Vs. Rikhabchand and anr.

Court: Rajasthan

Decided on: Mar-22-1965

Reported in: 1966CriLJ1062

L.N. Chhangani, J. 1. This is an appeal by the State and is directed against the order of the Additional Munsiff Magistrate, Jalore, dated 30th April, 1964 acquitting the respondents Rikhabchand son of Kesarimal and Mst. Tipu, wife of Rikhabchand. The respondents are husband and wife. 2. On a report lodged by the complainant Hastimal, the real brother of the accused-respondent Rikhabchand, the accused respondents were prosecuted of an offence under Section 379, Indian Penal Code in the Court of Additional Munsiff Magistrate, Jalore. The Magistrate did not hold the case proved against the respondents and acquitted the respondents. The State has filed the present appeal. 3. The appeal has been placed before me for the determination of the question of limitation raised in the office report. 4. The relevant facts may be stated at the outset as follows: The Government in the Law Department was approached for sanctioning a Government appeal against the acquittal of the respondents. Who appro...

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Mar 15 1965

Brij Mohan Vs. N.V. Vakharia and ors.

Court: Rajasthan

Decided on: Mar-15-1965

Reported in: AIR1965Raj172

Modi, J.1. This is a civil regular first appeal by the plaintiff Brij Mohan in a suit for dissolution of partnership and rendition of accounts, which has been dismissed by the trial court on a preliminary point.2. The short facts relevant for purposes of the present appeal may be stated as follows: There was a business known as Jem Chemical and Pharmaceutical Works at Jaipur, which was originally carried on by the defendant N. V. Vakharia, and both the plaintiff Brij Mohan and defendant No. 2 Mohandas worked as his agents. On the 12th March, 1958, an agreement was entered into between all these three persons whereby they formed a partnership. This deed of partnership is at page 59 of the paper-book. The partnership took over the entire business which was earlier carried on by Vakharia, and it was inter alia stipulated that the plaintiff and defendant Mohandas would have a one-fourth share each in the profits and losses of the partnership business while Vakharia would have the remaining...

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Mar 15 1965

State of Rajasthan Vs. Mukhtiar Singh

Court: Rajasthan

Decided on: Mar-15-1965

Reported in: 1965CriLJ835

L.N. Chhangani, J.1. This is an appeal by the State against the order of the First Class Magistrate, Tonk dated 17th March, 1964 acquitting the respondent Mukhtiar Singh of an offence under Section 279, Indian Penal Code.2. The facts leading to the appeal are briefly these-On 7th October, 1963 one Mohammed Ilias was carrying his chassis RJR 2647 with a body on the wheels tied to the chassis from Jaipur to Tonk. At about 9 P. M. near village Motuka he noticed certain defects in the vehicle and, therefore, stopped it OR the left side of the road to discover the defect. In the meantime truck No. RJL 7307 driven by the respondent Mukhtiar Singh came from the side of Tonk. Mukhtiar Singh stopped the truck in front of Mohammed Ilias's chassis on the wrong side. One Narainsingh came out from the said truck and demanded a 'biri' from the complainant Mohammad Ilias who was removing the defect of his chassis. He supplied the 'biri' to him.Theieafter the accused started his truck and wanted to pa...

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Mar 12 1965

State Vs. Khetaram

Court: Rajasthan

Decided on: Mar-12-1965

Reported in: AIR1965Raj221; 1965CriLJ683

C.B. Bhargava, J. 1. This is an appeal by the State against the order of acquittal D/- 18th January, 1983 passed by the Judicial Magistrate First Class, Abu Road in a case under Section 304A of the Indian Penal Code. 2. Respondent Khetaram was prosecuted under Section 304A of the Indian Penal Code on a police report which was submitted before the Magistrate on 8th September 1961 for causing the death of one Parveen by rashly and negligently driving Truck No. RJN 237. Subsequently, on 18th October, 1981, a complaint under Section 3/112, 89 and 126 of the Motor Vehicles Act was also filed against the respondent in the court of the Sub-Divisional Magistrate, Mount Abu. In the complaint case under the Motor Vehicles Act, three police officers whose evidence was of formal character, were examined. After their evidence the P. S. I. submitted an application that as the complaint was filed directly by the Station House Officer in the court without naming the eye-witnesses, Tararam and Dudaram ...

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Mar 11 1965

Ramniwas and ors. Vs. Thakur Devisingh and ors.

Court: Rajasthan

Decided on: Mar-11-1965

Reported in: AIR1965Raj188

Modi, J. 1. These are three appeals which arise out of connected facts and we propose to dispose of them by a single judgment. Appeals Nos. 25 and 28 are by Kamniwas and others who are decree-holders and appeal No. 79 of 1961 is by Thakur Devi Singh son of Vijaisingh, Judgment-debtor. 2. The material facts are these. Ramniwas and others obtained a preliminary decree for Es. 97719/-in a suit for 'sale against Vijaisingh judgment-debtor from the court of the Senior Civil Judge, Ajmer, on the 11th August, 1951. This was made final on the 3rd May, 1952. The property under mortgage then came to be sold for a sum of Rs. 21349/14/- leaving the balance still to be realised personally against him. Vijaising died on the 24th August, 1956. Before his death, however, his creditors filed an insolvency petition against him on the 4th April, 1956, during the course of which an interim Receiver was appointed by the insolvency court by an order dated the 4th June, 1958. By this order, the learned insol...

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Mar 09 1965

Amar Singh Vs. State

Court: Rajasthan

Decided on: Mar-09-1965

Reported in: AIR1965Raj160; 1965CriLJ408

ORDER In pursuance of Section 95 (1), Criminal P. C., I, M. S. 'Sadasivan, District Magistrate, Udaipur, do hereby order to the Superintendent of Post Offices, Udaipur that all documents, parcels, money orders, registered letters, letters, postal orders, saving bank transactions etc. which have been received with the following addresses by him, may be handed over to the Station House Officer, Surajpole, Udaipur, in connection withthe investigation of case F. I. R. No. 51/64, under Section 420, I. P. C. against Shri Amar Singh Mehta. I. A. S. Mehta (Amar Singh Mehta), Secretary, Board of General Knowledge Education, Rajasthan, Udaipur. 2. A. S. Mehta (Secretary, Rajasthan Hindi Vidya Peeth (Hindi Vishwa Vidyalaya), Udaipur. 3. Secretary of the above two institutions. Sd. District Magistrate, Udaipur.' 3. Again, presumably at the instance of the Superintendent of Police, Udaipur, the District Magistrate, Udaipur, passed a second order Ex. 2 dated 21st September, 1964 which reads as fo...

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Mar 06 1965

Badri Vs. the State

Court: Rajasthan

Decided on: Mar-06-1965

Reported in: AIR1966Raj203; 1966CriLJ1057

ORDERKan Singh, J. 1. The revision before me is by one Badri and is directed against ah appellate Judgment of the learned Sessions Judge, Jaipur City, dated 8-2-64 by which the learned Judge upheld the conviction of the petitioner and tie sentence of imprisonment passed against him for an offence under Section 7/16 of the Prevention or Food Adulteration Act, 1954, hereinafter to be referred as the 'Act', by the Municipal Magistrate, First Class, No. 2, Jaipur City, who sentenced him to one year's rigorous imprisonment and a fine of Rs. 2,000; though in doing so the learned Sessions Judge, reduced the sentence of fine from Rs. 2,000 to Rs. 500, and in default awarded further rigorous imprisonment for three months only. Shortly stated the facts are these;The accused petitioner holds a licence for selling milk and on 30-8-82, he was checked by Shri Satya Narain Sharma, Food Inspector in front of Sawai Mansingh Hospital at Jaipur when he was carrying two drums of milk. The Inspector took a...

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Mar 02 1965

Rajasthan State Electricity Board Vs. Labour Court Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-02-1965

Reported in: (1966)ILLJ381Raj

Kan Singh, J.1. This is a writ petition under Article 226 of the Constitution by the Rajasthan State Electricity Board, hereinafter to be referred as the 'Board', and is directed against two orders of the Labour Court; the first one dated 9-7-62 (Ex. O), and the second one dated 1-8-62 (Ex. Q), by which, on applications made by respondents Narsanghlal and Dwarka Prasad workmen in an undertaking of the Board, under section 33C of the Industrial Disputes Act, 1947, hereinafter to be referred as the 'Act', the Labour Court ordered the Board to pay retrenchment compensation to these respondents. 2. The petitioner Board is a public undertaking for the purpose of generation and supply of electricity in the State of Rajasthan and has its power houses at various places. It maintains a power house at Bikaner also. Prior to the formation of Rajasthan the power house at Bikaner was run by the ex- Bikaner State as a State department and on formation of Rajasthan the State of Rajasthan continued to...

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