Rajasthan Court December 1970 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Rampartap Vs. Smt. Ashi Bai
Court: Rajasthan
Decided on: Dec-16-1970
Reported in: AIR1971Raj232; 1970(3)WLN681
C.M. Lodha, J. 1. The only Question calling for determination in this case is whether the notice of ejectment served by the plaintiff is valid? 2. There is no denying the fact that in the lease deed Ex- 7 there is a condition that the landlord would give one month's time to the tenant for vacating the premises in question. The objection on behalf of the appellant is that full one month's time was not granted by the notice Ex. 8 served by the plaintiff on the defendant. In support of his contention learned counsel for the appellant has relied upon D. G. Mehta v. B. D. Chudasama, AIR 3956 Bom 113. 3. In the present case in the notice Ex. 8 it is mentioned that 'a notice of one month's duration is being written that the vacant possession of the premises may be handed over within one month and that failing that after the expiry of the duration of the notice, legal proceedings for ejectment would be taken, through Court.' 4. The contention of the learned counsel for the appellant is that th...
The Municipal Board Shri Madhopur Vs. Nand Lal and anr.
Court: Rajasthan
Decided on: Dec-15-1970
Reported in: AIR1972Raj16
C.M. Lodha, J. 1. The suit out of which this second appeal by the defendant No. 1 Municipal Board, Shri Madhopur arises was instituted by the respondent No. 1 Nandlal in the Court of Civil Judae. Neemka Thana for recovery of Rupees 2000/- as damages on account of the alleged illegal demolition of the walls constructed by the plaintiff on the land in dispute measuring 47 1/2' x 22 1/2' situated in the town of Shri Madhopur. The plaintiff's case as set out in the plaint was that he had been in possession of the land and had constructed the walls on it with the permission of the Municipal Board. Shri Madhopur. It was alleged that the defendant No. 2 Jasdish Prasad, who was the Chairman of the said Board out of malice of the plaintiffs walls demolished by force on 20-7-1958. It was therefore, prayed that a decree for Rs. 2000/- as damages for illegal and wrongful demolition of the plaintiff's walls be awarded both against the Municipal Board as well as Jaedish Prasad, the then Chairman of ...
The Municipal Board Vs. Nand Lal and anr.
Court: Rajasthan
Decided on: Dec-15-1970
Reported in: 1970WLN735
C.M. Lodha, J.1. The suit out of which this second appeal by the defendant No. 1 Municipal Board, Shri Madhopur arises was instituted by the respondent No. 1 Nandlal in the Court of Civil Judge, Neem-Ka-Thana for recovery of Rs. 2000/- as damages on account of the alleged illegal demolition of the walls contructed by the plaintiff on the land in dispute measuring 47' x 22' situated in the town of Shri Madhopur. The plaintiff's case as set out in the plaint was that he had been in possession of the land and had constructed the walls on it with the permission of the Muncipal Board, Shri Madhopur. It was the Chairman of the said Board out of malice got the plaintiff's walls demolished by force on 20.7.1958 It was, therefore,, prayed that a decree for Rs. 2000/- as damages for illegal and wrongful demolition of the plaintiff's walls be awarded both against the Municipal Board as well as Jagdish Prasad, the then Chairman of the Board.2. Jagdish Prasad did not appear to contest the suit and ...
Municipal Council, Udaipur and anr. Vs. Kishan Lal and ors.
Court: Rajasthan
Decided on: Dec-09-1970
Reported in: AIR1971Raj202; 1970(3)WLN697
Shinghal, J. 1. This special appeal against the judgment and decree of a learned Single Judge of this court dated September 4, 1963 has come to us on a reference by a Division Bench in these circumstances.2. The plaintiffs were the owners of a part of the Shahpura Haveli, in Udaipur City. Some debris was lying on a portion of that property. The plaintiffs asked the Municipal Corporation to remove it, and it is claimed that the Corporation promised to do so within 3 months. As the debris was not removed within that period, a representative of the association of the plaintiffs, styled as 'The Shahpura House Sarrafa Market Committee', met Ismail Ali Bohra defendant No. 2), President of the City Municipal Corporation, who asked the representative of the plaintiffs' Committee to remove the debris and promised that for doing so a sum up to Rs. 3,000/- would be got deducted from the sum, payable by the plaintiff to the State Government. A resolution was accordingly passed by the Council of th...
Bhupendra Singh Vs. Agricultural Income Tax Officer and ors.
Court: Rajasthan
Decided on: Dec-09-1970
Reported in: 1970WLN778
L.N. Chhangani, Ag. C.J.1. This application raising a question relating to the interpretation of the words 'within such period, not being less than 30 days, as may be specified in the notice' in Section 34 Sub-section (2) of the Rajasthan Agricultural Income Tax Act, 1953 (hereinafter referred to as the Act) has been referred to this Full Bench by a Division Bench. The reference has been made as the Bench hearing the writ application did not feel inclined to agree with the interpretation of similar words namely, 'within a period of not less than one month' in Section 14(2) of the Rajasthan Municipalities Act (hereinafter to be referred to as the Municipalities Act), and 'within a period of not less than one month' used in Section 3(2) of the Rajasthan Agricultural Produce Markets Act, 1961 (hereinafter referred to as the Markets Act) in two earlier Bench decisions of this Court in Suresh Chandra and Ors. v. Birdhi Chand and Ors. ILR (1965) (15) Raj 793 and Bhikam Chand and Ors. v. The ...
Pirzada Anwarulhassan Hamzavi Vs. Raghubir Singh and ors.
Court: Rajasthan
Decided on: Dec-08-1970
Reported in: AIR1971Raj234; 1970(3)WLN686
C.B. Bhargava, J. 1. This is an appeal from the judgment and decree dated 27th February, 1969, of the District Judge Jhunjhunu, whereby plaintiff's suit has been dismissed for non-payment of additional, court fee. The learned District Judge was in error in making an order of dismissal of the suit. In fact, the plaint should have been rejected under Order 7, Rule 11, Civil P. C. On 29thJanuary, 1969, the Court passed an order that the plaintiff should pay ad valorem, court-fee on the sum of Rs. 4,16,620/25 P. for the first relief claimed in Para 33 of the plaint. It also directed the plaintiff to fix the valuation for the second relief and pay proper court-fee on it. For the third and fourth reliefs, the lower Court directed the plaintiff to pay ad valorem court-fee on Rs. 29,985/84 P. and Rupees 16,658/80 P. respectively. Time was allowed to the plaintiff to pay the deficit court-fee but he failed to do so and the plaint was, therefore, rejected on 27th February, 1969. Plaintiff has ap...
Ratan Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-04-1970
Reported in: 1970WLN819
Kan Singh, J.1. This is an application by an accused under Section 561-A. Cr P.C , for quashing the proceedings pending against him in the court of she Munsiff Magistrate, Sojat. The application first came up for hearing before one of us (Kan Singh J) and on account of apparent conflict of judical opinion it was referred to a larged Bench.2. The question that calls for determination is: Whether Deputy Collector (Jagir) or the Jagir Commissioner for that matter is a court within the meaning of Section 195(1)(c), Cr. PC. so that without a complaint of such court for the offence alleged to have been committed by the accused, the proceedings initiated were null and void.3. In SB. Criminal Revision No. 270 of 1968 Sewa Shanker and another v. State of Rajasthan, decided on 8-9-1969, one of us (Mehta, J), it was held that the Jagir Commissioner was a court In a D B Case of this Court Thakur Bhanu Pratap Singh v. The State of Rajasthan and Ors. ILR (1964) 14 Raj 90 it was held that the Jagir C...
- ‹ Prev
- Next ›