Rajasthan Court March 1970 Judgments
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Ram Chandra Vs. Sukh Deo and ors.
Court: Rajasthan
Decided on: Mar-31-1970
Reported in: 1970WLN165
C.M. Lodha, J.1. This is a plaintiff's second appeal out of a suit for partition.2. The plaintiff appellant Ramchander and the respondent-defendants Nos. 1 and 2 Sukhdeo and Satyadeo are brothers. The respondent-defendant No. 3 Smt. Lal Kanwar is the real mother of respondents Nos. 1 and 2, and step mother of the plaintiff. The father of the appellant and the respondent Nos. 1 and 2 died on 8-11-1950 leaving behind the appellant and the respondents as his heirs. The plaintiff's case is that his relations with the step mother and the step brother.? were strained, and, therefore, he had started living separate from them even during the life time of his father Sheodeo, and soon after his father's death he gave notice to the defendants to partition the joint family property belonging to the parties. But the defendants turned a deaf ear and consequently he filed the present suit on 17-1-1951 in the Court of Civil Judge, Jodhpur for partition of the family property and claimed that his fathe...
Jagan Nath Singh Vs. the R.T.a and ors.
Court: Rajasthan
Decided on: Mar-31-1970
Reported in: 1970WLN200
Jagat Narayan, C.J.1. This is a special appeal by one Jagannath Singh against a judgment of a learned single Judge quashing his permit on a writ petition filed by Chandra Lal Jain, respondent No.3 We have heard the learned counsel for the parties and are satisfied that the view taken by this Court consistently in the past is correct and does not require reconsideration.2. A non-temporary stage carriage permit was granted to Jagannath by the Regional Transport Authority, Udaipur on the Udaipur-Fatehnagar via Debari-Dabok-Daroli-Vallabhnagar-Randhera-Intali Tana Akola route under resolution No. 12 (item No 11) of 16-9-68. A condition was laid down in the permit that he shall produce a vehicle of the requisite model within a period of 60 days from the date of the resolution failing which the permit shall stand automatically cancelled. He did not employ any vehicle during the above period and on 15-11-68 his permit stood cancelled as a result of the condition imposed under resolution No. 1...
Motilal and ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-27-1970
Reported in: 1970WLN195
C.M. Lodha, J.1. This is the plaintiffs second appeal from the judgment of the learned Senior Civil Judge No. 2, Jaipur City dated 15-2-66 by which the plaintiff's appeal was dismissed- as having abated as a whole.2. The plaintiff's filed the suit out of which this appeal arises on 4-6-1960 in the Court of Munsiff West, Jaipur praying that a declaration may be granted that the State of Rajasthan and the Urban Improvement Board, Jaipur (defendants Nos. 1 and 2) had no right to demarcate, allot and/or sell the plots in question, situated towards the south of the plaintiff's plot on Kacha Banda Road in Bani Park, and that the allotment and sale of the plots made to defendants Nos.3 to 9 be declared void and these defendants Nos. 3 to a further be restrained by a perpetual injunction from making construction on the plots Nos.H.7/to H.77 allotted or sold to them. The suit was opposed by all the defendants except the defendants Nos.7 and 9.3. After recording the evidence produced by the part...
State of Rajasthan Vs. Shyam Singh
Court: Rajasthan
Decided on: Mar-27-1970
Reported in: 1970WLN198
Jagat Narayan, C.J.1. This is a special appeal against the judgment of learned single judge allowing a writ petition filed by shyamsingh respondent against the State of Rajasthan and the Rajasthan Public Service Commission. We have heard the learned counsel for the parties and are of the opinion that the appeal must be allowed.2. Shyam Singh petitioner had appeared at a competitive examination conducted by the Rajasthan Public Service Commission to select candidates for the Rajasthan Police and Accounts Services. The written examination took place in December, 1962. The petitioner was declared as qualified at the written teat and was called for interview by the Public Service Commission. The interview were to start from 22nd April, 1963. Meanwhile the petitioner was also selected for the Emergency Commission and he joined the pre-Commission Training in the Army on 11. 4. 63. He could not, therefore, appear at the interview before the Public Service Commission After the emergency was ov...
ShrinaraIn Vs. Lachhiram and ors.
Court: Rajasthan
Decided on: Mar-27-1970
Reported in: 1970WLN336
C.M. Lodha, J.1: The above three appeals asises out of suit No. 348 of 1964 instituted in the Court of Munsiff-Magistrate, Jaipur City (East). Jaipur by Lachhiram against Hari Narain, Shrinarain and Mohinuddin for redemption of shop situated at Moti-Dungari Road in the city of Jaipur. Since all these appeals are directed against the judgment of the Additional District Judge No. 2, Jaipur City, it would be convenient to dipose them by a common judgment.2. The property in dispute belonged to Lachhiram, who mortgaged the same in favour of defendant No. 1, Hari Narain on 20-4-1956 by a registered mortgage deed for a consideration of Rs. 451/-. The possession of the shop was admittedly handed over to the mortgagees at the time of mortgage. It is alleged by the plaintiff that he gave a notice to the defendant No. 1, dated 31-12-1963 to redeem the mortgage but the defendant No. 1 replied that the real mortgagee was defendant No. 2 Shrinarain and that a sum of Rs. 500/- had been spent on repai...
Central Transport Service Vs. T.A.T. and ors.
Court: Rajasthan
Decided on: Mar-20-1970
Reported in: 1970WLN219
V.P. Tyagi, J.1. This writ petition filed by the Central Transport Service, Jaipur, is directed against the order of the Transport Appellate Tribunal, dated 27-7-1968, whereby the resolution of the Regional Transport Authority, Jaipur, dated 11-6-1968, rejecting the renewal application of the respondent No. 3 M/s. General Motor Bus Service was set aside and its permit was ordered to be renewed.2. The petitioner firm carried on the business of a bus operator playing its vehicles on different routes in the city of Jaipur including route No. 5 which overlaps Jaipur-Sanganer via Lalkothi-Durgapur route. M/s. General Motor Bus Service was holding a non-temporary stage carriage permit on the Jaipur-Sanganer route in respect of vehicle RJX 219. This permit was to expire on 15-12-1967. It is alleged that before the expiry of the term of the said permit, respondent No. 3 transferred the permit along with the bus RJX 219 to one Gella Ram Mistry but no permission for such a transfer was obtained ...
Mohanlal Vs. Gordhanlal
Court: Rajasthan
Decided on: Mar-17-1970
Reported in: 1970WLN172
C.M. Lodha, J.1. This is a plaintiff's second appeal from the judgment and decree by the Senior Civil Judge, Sikar dated 31.8.1962 by which his suit for mandatory injunction for demolition of the wall raised in front of the two aperture in the north-eastern room in the ground floor of his house situated in the town of Sikar, was dismissed.2. The two apertures in dispute measure 9' X 12' each. It was alleged in the plaint that these aperture have been in existence for more than 20 years, and the plaintiff has been receiving light and air through them According to the plaintiff these apertures were the only source of light and air in the room, and the defendant by raising a wall contiguous to the plaintiff's house and close to the apertures in question has rendered the room in question unfit for reasonably comfortable living It was alleged that the Municipal Board, Sikar while allowing permission for construclion to the defendant had specifically directed the defendant to leave space to ...
Jaipur Metal and Electrical Ltd. Vs. Ambey Prasad
Court: Rajasthan
Decided on: Mar-16-1970
Reported in: 1970WLN755
Jagat Narain, C.J.1. This is an appeal by the landlord plaintiff, by special leave, against the judgment of a learned single, Judge, allowing the second appeal filed by the tenant defendant against an appellate decree of the Senior Civil Judge, Jaipur City.2. The facts are briefly these. The plaintiff is the owner of a shop situate in Jaipur City. Ambey Prasad respondent was its tenant. He committed default in payment of rent and, on 6/4/58, the plaintiff brought the present suit for ejectment against him. The suit was decreed by the trial court on 28.2.59. An appeal against the decree was rejected on 12.7.61. On 19.9.61 he filed a second appeal in the High Court. On 20.9.61 a stay order was passed which was vacated on 8.1.62. Three months time was given to the defendant to vacate the shop. The defendant was actually evicted from the shop in the year 1962, sometime after 8.4.62.3. During the pendency of the appeal, the Rajasthan Premises (Control of Rent and Eviction) (Amendmen) Act,No...
Shree Sadul Textiles Ltd., Sri Ganganagar Vs. the State of Rajasthan a ...
Court: Rajasthan
Decided on: Mar-13-1970
Reported in: AIR1971Raj158
ORDERV.P. Tyagi, J. 1. Messrs. Shree Sadul Textiles Ltd., (hereinafter called the Mills) have filed this writ application under Article 226 of the Constitution praying for a writ of certiorari or any other appropriate writ, order or direction to quash the order of the Deputy Commissioner Taxation (Appeals), Bikaner dated 26th March, 1969 asking the Mills to deposit the amount of duty on the electricity consumed for the street and factory lighting in the premises of the Mills at the rate of 5 paisa per unit. 2. The facts giving rise to this writ application are as follows:-- The Rajasthan Electricity Board is the supplier of electricity to the Mills for manufacturing textiles in the town of Sri Ganganagar. Two separate meters were installed in the Mills by the respondents to measure the consumption of electricity viz., one for the residential and commercial purposes and the other for the power consumed in the factory. Two separate bills were prepared by the respondents for the energy co...
Furkan Vs. Mst. Mumtaz Begam
Court: Rajasthan
Decided on: Mar-11-1970
Reported in: AIR1971Raj149
C.M. Lodha, J.1. This is a defendant's second appeal arising out of a suit for possession and perpetual injunction pertaining to agricultural land situated in village Uncha, Tehsil Nimbahera.2. The plaintiff-respondent Mst. Mumtaz Begam filed a suit out of which this appeal arises on 30-6-1969 alleging that the land in question belonged exclusively to her father Mehrab Khan, who died on 21-3-1957. It is alleged that Mehrab Khan had executed a will date 17-6-1943 with respect to the property in question as also the other property in her favour. A copy of the will has been produced, and marked Ex. P-1. The plaintiff's case is that after Mehrab Khan's death she took possession of the land in question but on 20-6-1957 the defendant-appellant Furkan took forcible possession of the same. Consequently she instituted the present suit in the Court of Sub-Divisional Officer, Nimbahera, for possession of the land and also for perpetual injunction restraining the defendant from interfering with he...