Rajasthan Court January 1968 Judgments
Rattu Vs. Mala and anr.
Court: Rajasthan
Decided on: Jan-31-1968
Reported in: AIR1968Raj212
Acts/Rules/Orders: Tenancy Law; Rajasthan Tenancy Act, 1955 - Section 242; Civil Procedure Code (CPC), 1908 - Section 151 - Order 39, Rules 1, 2 and 2(3)Cases Referred: Sivakami Achi v. Narayana Chettiar, AIR 1939 Mad 495; B.F. Varghese v. Joseph Thomas, AIR 1957 Trav Co. 286OrderJagat Narayan, J.1. This is a revision application by one Rattu, plaintiff, against an order of the Civil Judge, Jhunjnunu, directing him to be detained in civil jail for a period of one month and further directing attachment of the property to the extent of Rs. 500 under Order 39, Rule 2(3), C P. C. for disobedience of an order of injunction. This order was confirmed on appeal by the District Judge Jhunihunu.2. Lachhman defendant No. 2 is the owner of some agricultural and non-agricultural properties. He executed a gift-deed in respect of all his properties in favour of Malaram defendant No. 1. The present suit was instituted by Rattu plaintiff for a declaration that the gift-deed in favour of Malaram is null...
Tag this Judgment!Ram Swaroop Vs. Works Manager (Loco)
Court: Rajasthan
Decided on: Jan-31-1968
Reported in: (1969)IILLJ257Raj
ORDERJagat Narayan, J.1. This is a petition under Article 226 of the Constitution by one Ram Swaroop against an order of removal from service passed against him by the General Manager, Western Railway. The petition has been contested on behalf of the railway administration.2. Ram Swaroop was a machine man in the Railway Loco Workshop of Ajmer in the authorized scale of pay Rs. 110--180 on 23 March 1961 when he was admittedly caught taking away with him thirty circular copper discus belonging to the railway from the workshop. A chargesheet was given to him on 30 March 1961 by the Works Manager (Loco The Assistant Works Manager was appointed inquiry officer by the Chief Mechanical Engineer on 30 June 1961. The inquiry was actually conducted after 1 August 1961. The show-cause notice was issued to him by the General Manager. After considering the explanation of the petitioner he imposed the penalty of removal from service on him.3. The first contention on behalf of the petitioner is that ...
Tag this Judgment!Gulzarilal and ors. Vs. Bhagwati Prasad and ors.
Court: Rajasthan
Decided on: Jan-24-1968
Reported in: AIR1969Raj11
P.N. Shinghal, J.1. This second appeal of the defendants arises from the appellate judgment and decree of the District Judge of Jhunjhunu dated December 23. 1959. in these circumstances.2. There is a piece of land situated in village Gudhagorji in Jhunjhunu District which has been shown in site-plan Ex. 1 The plaintiffs claimed that the land belonged to the 'panadars' of the 'pana' of Kishore Singh, that the 'panadars' sold it to them under sale-deed Ex. 24 dated Chaitra bad 9, Section 1956, and that the plaintiffs and their ancestors remained in continuous possession of that land. It was further pleaded that the land was expressly purchased for the construction of a house, and that the father of the plaintiffs constructed a masonry compound wall on the southern side and enclosed the remaining three sides by mud walls The plaintiffs had, however, to live outside in connection with their business and the compound walls deteriorated by lapse of time. The financial position of the plainti...
Tag this Judgment!State of Rajasthan Vs. Chhattar Singh
Court: Rajasthan
Decided on: Jan-24-1968
Reported in: AIR1968Raj233; 1968CriLJ1214
Lodha, J. 1. Accused Chattar Singh was prosecuted in the court of City Magistrate, Bharatpur, by the Municipal Council, Bharatpur, for an offence under Section 7(1) read with Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954. 2. The allegation against the accused was that on October 15, 1962, at about 6.30 p.m., he was found carrying milk in a drum on his cycle by Shri Gopal Prasad, Food Inspector, P. W. 1. Shri Gopal Prasad took sample of milk and put it in 3 bottles, and after carrying out the necessary formalities prescribed under the rules framed under the Prevention of Food Adulteration Act, he sent one of the bottles to the Public Analyst, Rajasthan, Jaipur. On receipt of the report from the Public Analyst, to the effect that the milk was adulterated, the Municipal Council, Bharatpur, filed a complaint in the court of City Magistrate, Bharatpur, against the accused as stated above. The complainant examined P. W. 1 Shri Gopal Prasad, P. W. 2 Shri Nand-Kishore, P. W...
Tag this Judgment!Chaturvedi (R.P.) and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-22-1968
Reported in: (1969)ILLJ169Raj
1. By these writ petitions under Art, 226 of the Constitution of India the appointment of Dr. D.G. Ojha and Dr. P.L. Rishi, as Professors of Surgery and Principals of Medical Colleges in Bikaner and Jodhpur respectively, and of Dr. P.D. Mathur as Principal of Medical College at Udaipur have been challenged.2. Writs Nos. 599 of 1966 and 99 of 1967 have been filed by Dr. Rampal Chaturvedi and Dr. Mohanlal Gupta respectively and are directed against Dr. D.G. Ojha. Similarly Writs Nos. 98 and 100 of 1967 have been filed by Dr. Mohanlal Gupta and Dr. Rampal Chaturvedi respectively and are directed against Dr. P.L. Rishi. Writs Nos. 94 and 97 of 1967 have been filed by Dr. Rampal Chaturvedi and Dr. Mohanlal Gupta respectively and are directed against Dr. P.D. Mathur. Writ No. 1396 of 1966 has been filed by one Kailash Narain, a student of the Jodhpur Medical College, and is directed against Dr. P.L. Rishi. Since all the writs involve common questions, we propose to dispose them of by a singl...
Tag this Judgment!NaraIn Singh Kohli Vs. Transport Appellate Tribunal, Jaipur and ors.
Court: Rajasthan
Decided on: Jan-18-1968
Reported in: AIR1968Raj213
ORDERJagat Narayan, J. 1. This is a petition under Article 226 of the Constitution, by one Sardar Narain Singh Kohli, against an order of the Transport Appellate Tribunal dated 28-8-1961, cancelling his permit for a public carrier, which was granted by the Regional Transport Authority, Jaipur Region, at its meeting dated 26/27th February, 1960. 2. On 6-7-1959, the Regional Transport Authority invited applications for the grant of 65 permits for public carriers on the Jaipur-Delhi route. These applications were published in the gazette dated 10-12-1959. Out of the 65 permits, which were granted by the Regional Transport Authority, one was granted to the petitioner. 3. 41 persons, who had applied for the grant of permits but who had not been granted permits, preferred appeals against the decision of the Regional Transport Authority, to the Transport Appellate Authority. Respondents Nos. 3 to 10 were out of these appellants. The Transport Appellate Tribunal fixed 23-5-1961 for the hearing...
Tag this Judgment!Gordhan Das Vs. State and ors.
Court: Rajasthan
Decided on: Jan-13-1968
Reported in: AIR1968Raj241
ORDERL.S. Mehta, J. 1. This is a revision-petition directed against the Judgment of learned Additional Sessions Judge No. 2, Jodhpur, dated November 30, 1966. Tt is alleged by the prosecution that Mst Noii wife of Bhinya Ram, non-petitioner No. 3, owned a house in Mohalla Hanumanji-ki-Bhakri, Jodhpur She possessed a title deed in her own name She needed some money. Consequently, she mortagaged the house in favour of the petitioner Gordran Das. Oswal resident of Udaimandir. Jodhpur, and his brothers. The mortgage was alleged to be anomalous Thereafter Mst. Noli executed a rent-note in favour of Gordhan Das and his brothers. Subsequently, a suit was filed by Gordhan Das and others for eviction of the property and recovery of arrears of rent A decree for ejectment and arrears of rent was passed in favour of the plaintiffs. In execution of that decree, Gordhan Das and his brothers were put in possession of the property, excepting one room, on February 6, 1964, through the process of the co...
Tag this Judgment!Girdharilal Vs. Smt. Mahadevi Sharma
Court: Rajasthan
Decided on: Jan-12-1968
Reported in: AIR1968Raj237
ORDERKan Singh, J.1. This is a defendant's revision and is directed against an appellate order of District Judge, Alwar dated 8-5-67 and arises out of an application for grant of a temporary injunction pendente lite by the plaintiff-respondent.2. Plaintiff Smt. Mahadevi and defendant Girdharilal are neighbours and have their houses adjacent to each other in the city of Alwar. In his house the defendant had first established a flour mill in March, 1965 and then some time in the last week of Feburary, 1967 he also established an oil mill consisting of a pair of 'Kolhus.' This led the plaintiff to bring a suit for a permanent injunction against the defendant for restraining him from working his flour mill as well as the oil mill. It was averred by the plaintiff that the running of the two mills was a cause of nuisance to her. According to her, as a result of the working of the two mills her house shakes and as a result of the shaking a crack has also been caused in that house. It was also...
Tag this Judgment!Daulat Singh Vs. Karni Dan
Court: Rajasthan
Decided on: Jan-05-1968
Reported in: AIR1968Raj296
ORDERKan Singh, J.1. This is a revision application directed against an order of the Civil Judge, Jodhpur dated 20-10-67.2. It appears that a certain property is a subject-matter of attachment in execution of two decrees; one of which is under execution in the court of the Civil Judge and another in the court of the Additional Munsiff, Jodhpur. By the order under revision the Civil Judge directed the summoning of the execution file in the court of the Additional Munsif.3. In challenging the correctness of this order it was submitted by learned counsel that the order of the Civil Judge dated 20-10-1967 is without jurisdiction inasmuch as in the first place, the court of the Additional Munsif cannot be said to be a court of lower grade than that of the Civil Judge according to the provisions of the Rajasthan Civil Courts Ordinance and in the second place, it is argued that the court should have called for the record through the District Judge, as both the courts were under the control of...
Tag this Judgment!Krishna Kumar Choudhary Vs. Transport Appellate Tribunal, Jaipur and o ...
Court: Rajasthan
Decided on: Jan-04-1968
Reported in: AIR1968Raj244
ORDERKan Singh, J.1. This is a writ petition by one Krishna Kumar Choudhry and bv it he questions the legality of an order of the Transport Appellate Tribunal dated 7-10-67 (Ex. 4 on the record), by which the Transport Appellate Tribunal, on an appeal by non-petitioner no. 3 Messrs. Sharma Transport, set aside an order of the Regional Transport Authority, Kota, and in doing so, cancelled the permit granted in favour of the petitioner and ordered the grant of a permit instead to respondent No. 3 Messrs Sharma Transport on an inter-statal route Eklera in Rajasthan to Beenaganj in Madhya Pradesh. The relevant facts are briefly these.2. Eklera in Rajasthan and Beenagani in Madhya Pradesh were served by a bus route which was agreed to be opened under a reciprocity arrangement between the States of Rajasthan and Madhya Pradesh. The total length of the route is said to be 41 miles, out of which 33 miles lie in Rajasthan territory and 8 miles in the territory of Madhya Pradesh State. After the...
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