Rajasthan Court January 1970 Judgments
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Sardar Amar Singh and ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-27-1970
Reported in: 1970WLN178
V.P. Tyagi, J.1. This writ application has been filed by Sardar Amar Singh and 12 others under Article 226 of the Constitution praying that the assessment orders passed against the petitioners under the Rajasthan Agricultural Income-tax Act for the years 1964-55.1955-56, 1956-57, 1957-58, 1958-59 and 1959-60 marked Exs. 2 to 7 be quashed and by issuing a writ of certiorari or any other appropriate writ, direction the order passed by the Additional Commissioner, Commercial Taxes, Rajasthan dated 1.1.1966 dismissing the revision applications be set aside and he may be directed to dispose of the 6 revision applications filed by the petitioners before the said officer in accordance with the law.2. The agricultural Income-tax officer assessed the petitioners under the provisions of the Rajasthan Agricultural Income Tax Act, 1953 (hereinafter to be referred as the Act) for the assessment years 1954 55 to 1959-60. The petitioners did not prefer any appeal against the said assessment orders be...
Bhawani Singh Vs. State
Court: Rajasthan
Decided on: Jan-25-1970
Reported in: 1971WLN30
Kan Singh, J.1. This is a revision application by one Bhawani Singh. He was convicted of an offence under Section 193 Indian Penal Code by the Additional Munsif Magistrate No. 1, Bundi and sentenced to 3 months rigorous imprisonment and a fine of Rs. 100/, in default further simple imprisonment of 15 days. His appeal was dismissed by the learned Additional Sessions Judge, Bundi.2. The accused who was a Patwari bad issued a certified copy of Jama Bandi Ex. P/2 produced in a criminal case challaned by the police against one Jagannath and Raghunath. That case was commenced by the police on the information lodged by one Laxman Singh on 22.11.61 to the effect that from his agricultural land Khasra No. 150 in village Borkhera a 'Babool' tree had been cut by Jagannath and Raghunath. The copy of the Jame Bandi was produced by the police in support of the stand taken by Laxman Singh that the land on which 'Babool' tree was standing was in his possession. The accused appeared as a witness in tha...
Munni Lal Garg Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-23-1970
Reported in: AIR1970Raj00; AIR1970Raj164; 1970WLN78
L.N. Chhangani, J.1. Muni Lal Gani of Karampur has filed this petition under Article 226 of the Constitution of India praying for an appropriate writ, order or direction to the effect that (i) Rule 15(ii) of the Rajasthan Higher Judicial Service Rules, 1969 (hereinafter referred to be the Rules) be declared ultra vires and (ii) resondents Nos. 1 and 2, i.e the State of Rajasthan and the High Court of Judicature for Rajasthan, be directed not to proceed with the making of the selections for recruitment to the Higher Judicial Service from amonst the advocates. A prayer for quashing the proceedings for the selection which have already been undertaken, has also been made.2. The relevant facts are these. The petitioner is an Advocate practising at Shri Karanpur, District Ganganagar. After passing, his L.L.B. Examination in the year 1954 he was enrolled as a pleader first grade by the Rajasthan High Court in the year 1954. He was later on enrolled as an Advocate of the Rajasthan High Court u...
The State of Rajasthan Vs. Shri Guman Singh and ors.
Court: Rajasthan
Decided on: Jan-20-1970
Reported in: AIR1971Raj191; 1970(3)WLN17
Jagat Narayan, C.J. 1. This is a special appeal against a judgment of a learned Single Judge in writ petition No. 79 of 1967 under Article 226 of the Constitution by which he held Rule 28-B (2) of the Rajasthan Administrative Service Rules 1954 to be void and parts of the circular dated 27-8-66 'bad' and in consequence issued a direction that the four officers of that Service who had been impleaded in the writ petition namely Sarva Shri R. D. Mathur, S. C. Pagoria, Munna Lal Goyal and Prithvi Singh shall not hold senior scale posts. 2. The writ petition was filed by Shri Guman Singh, a member of the R. A. S. who was considered for promotion but was not promoted by the Departmental Promotion Committee to the senior scale, but the above four officers along with several others were promoted. These four officers alone were impleaded as they were junior to the petitioner in the ordinary time scale and the others who were promoted were senior to him. 3. The Rajasthan Administrative Service w...
Kanaiyalal and Jamnadas Vs. Gaurishankar and ors.
Court: Rajasthan
Decided on: Jan-20-1970
Reported in: 1970WLN41
C.M. Lodha, J.1. The only point arising for decision in this second appeal by the plaintiff, who has failed in both the lower courts is whether the adoption of the defendant Gaurishanker to Bakshi Ram by the latter's widow Smt. Janki is proved? It is the admitted position of the plaintiffs that if Gaurishanker's adoption to Bakshiram is establish d, they have no case. But their contention is that Gaurishanker's adoption to Bakshiram by Mst. Janki has not been proved according to law.2. It is not disputed before me that Mst. Janki had executed an adoption deed (Kholanama) in favour of Gaurishanker as the adopted son to her deceased husband Bakshiram and this adoption deed (Ex. A. 1) contains an unequivocal declaration by Mst. Janki that she had adopted Gaurishanker to her deceased husband Bakshiram.3. It is urged by the learned counsel for the plaintiff-appellants that there is absolutely no evidence on the record to prove that there was ceremony of giving and taking Gaurishanker in ado...
State of Rajasthan Vs. Mathura Lal
Court: Rajasthan
Decided on: Jan-20-1970
Reported in: 1971WLN67
L.S. Mehta, J.1. The respondent Mathura Lal has been convicted under Section 323, I P.C, and sentenced to pay a fine of Rs. 125/- by the Munsif Magistrate, Chhoti Sadari. The State of Rajasthan has filed this appeal against that judgment. The brief facts of this case are that on February 19, 1968, at 8 P.M., Narain P.W. 1 was sitting in the house of Gokul. The accused Mathura Lai came there. He was armed with an axe. He took Gokul with him under the pretext that he would like to discuss something with him. Narayan and Mangi Lai P.W. 8, followed Gokul and the accused Mathura Lal Gokul was asked to go up to the village temple and when he was climbing the steps, the accused Mathura Lai gave an axe blow on the back side of his head. The victim fell down. Mangi Lal and Narayan rushed to the place where Gokul was lying They lifted him up. They saw on his head, an injury, which was bleeding. Gokul was taken to tha Government dispensary, Chhoti Sadari, to which he was admitted Later on Narayan...
Rajasthan State Electricity Board, Jaipur and anr. Vs. Shrikishan and ...
Court: Rajasthan
Decided on: Jan-13-1970
Reported in: AIR1970Raj261
1. These are two special appeals under Section 18 of the Rajasthan High Court Ordinance, one by the State of Rajasthan and the other by the Rajasthan State Electricity Board, Jaipur (hereinafter to be referred to be the Board) against the order of a learned Single Judge of this Court dated 17th October, 1968, quashing the order Ex. 1 dated 29th June, 1967, of the Chairman of the Board, retiring the respondent Shri Shrikishan from service and further directing the respondent State Govt. and the Board not to give effect to the order quathe petitioner Shri Shrikishan. Both these appeals shall be disposed of by this common order.2. The relevant facts may be briefly stated as follows:--The respondent Shri Shrikishan is a resident of Kishangarh and was born on 1-7-1910. He joined Government service in the erstwhile State of Kishangarh as a wireman in the State Power House. With the formation of Rajasthan, the respondent became the employee of the Stale of Rajasthan. He was a Head Line-man wi...
Rajasthan State Electricity Board Vs. Shrikishan and ors.
Court: Rajasthan
Decided on: Jan-13-1970
Reported in: 1970WLN65
Jagat Narayan, C.J.1. These are two special appeals under Section 18 of the Rajasthan High Court Ordinance, one by the State of Rajasthan and the other by the Rajasthan State Electricity Board, Jaipur (hereinafter to be referred to as the Board) against the order of a learned Singe Judge of this Court dated 17th October, 1968, quashing the order Ex. 1 dated 29th June, 1967, of the Chairman of the Board, retiring the respondent Shri Shrikishan from service and further directing the respondent State Government and the Board not to give effect to the order qua the petitioner Shri Shrikishan. Both these appeals shall be disposed of by this common order.2. The relevant facts may be briefly stated as follows. The respondents Shri Shrikishan is a resident of Kishangarh and was born on 1-7-1910. He joined Government Service in the erstwhile State of Kishangarh as a wireman in the State Power House. With the formation of Rajasthan, the respondent became the employee of the State of Rajasthan. B...
Sita Ram Joshi Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-13-1970
Reported in: 1970WLN5
Kan Singh, J.1. Petitioner Sitaram Joshi is challenging an order of his compulsory retirement under Rule 244 (2) of the Rajasthan Service Rules, 1951. For facility of reference I may read that order, Document No. 9, dated 2-9-65:jktLFkku ljdkjfu;qfDr [k foHkkxla[;k ,Q 211fu;qfDr[k5 t;iqj] fnukad 2 flrEcj]1965&% uksfVl %&iszf'kfr% &Jheku lhrkjke tks'kh iq= Jh iwlkjke tks'kh ]'kh/kz fyfid] vodk'k lfpr]jktLFkku 'kklu lfpoky;] t;iqj Apwfd Jh lhrkjke tks'kh] 'kh/kz fyfid] ds ;ksX;dkjh lsokdky 25 o'kZ iwjs gks x;s gS] vkSj pwfd jkT; ljdkj larq'B gS fd mDr jkT; deZpkjh dh rnqijkUr lsok dks lekIr fd;k tkuk lkoZtfud fgr es gS Avr,o] vc] fuEugLrk{kj drkZ jktLFkku lsok fu;eks ds fu;e 244 2 ds vUrZxr foRr foHkkx ds vkns'kkuqlkj ,Q0 184 ,Q0Mh0,0 :Yl 62 fnukad 13&12&63 ds tfj;s izR;k;rsftr 'kfDr;ks ds vuq'kj.k es ,rn~}kjk mDr Jh lhrkjke tks'kh dks muls ;g vis{kk djrs gq, uksfVl nsrs gS fd os bl uksfVl dh rkehy mu ij gksus ds fnu ls rhu dSysUM+j ekl dh lekfIr ds fnu lsok ls fuo`Rr gks tkos rFkk Jh lh...
Satish Chander Sharma Vs. the University of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-12-1970
Reported in: AIR1970Raj184; 1970(3)WLN124
ORDERV.P. Tyagi, J.1. Petitioner Satish Chander Sharma has filed this writ application under Article 226 of the Constitution against the University of Rajasthan and 8 others to challenge the election of respondents Nos. 6 and 7 Shri L. L. Joshi and Shri Surendra Prasad Vyas to the Syndicate of the said University and has prayed that by issuing a writ of certiorari or any other appropriate writ, order or direction the declaration of the result of the election of two non-teacher members to the Syndicate, that is, the election of respondents Nos. 6 and 7 be quashed and that a writ of quo warranto or any other suitable writ, order or direction be issued declaring respondents Nos. 6 and 7 as not entitled to hold the office of the membership of the Syndicate.2. The case of the petitioner in a nutshell is as follows :--Petitioner is a registered graduate of the University of Rajasthan and that his name has been entered in the electoral roll of registered graduates of the University at item No...
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