Rajasthan Court March 1970 Judgments
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The Bank of Rajasthan Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-10-1970
Reported in: 1970WLN181
S.N. Modi, J.1. This is an appeal brought by the plaintiff, the Bank of Rajasthan Ltd. against the judgment and decree dated 26.3.60 passed by the District Judge, Pratapgarh, dismissing the plaintiff's suit against the defendants Nos. 1 and 2, the State of Rajasthan and the Manager, Government Ginning and Pressing Factory, Kapasin.2. The relevant facts giving rise to this appeal are that in the year 1954 defendant No.3 Uttam Chand (who is now dead) as sole proprietor of M/S. Jailal Mohanlal carried on business in cotton at Kapasin. He got his cotton ginned and pressed into bales at the Government Ginning and Pressing Factory, Kapasin (hereinafter called as the 'Factory'). The practice of the factory from the time of the erst-while State of Mewar was to issue 'Tak Patti' that is storage receipt to the dealer in respect of his goods which remained with the factory in its godown. The further practice was that the dealer, who possessed 'Tak Patti'could get the goods mentioned therein endor...
Mangalji Chotelal and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-04-1970
Reported in: AIR1971Raj167
C.B. Bhargava, J.1. Though these two appeals arise out of two different suitsInstituted by two different persons, they are being disposed of by one common judgment because they raise common questions of law and fact. Appeal No. 117 of 1958.2. This is a plaintiff's appeal against the judgment and decree of the Senior Civil Judge. Baran, dated 28th August, 1958. dismissing the suit for recovery of Rs. 13,200A.3. In short, the plaintiffs case in the Court below was that the officers of the Civil Supplies Department of the State of Rajasthan procured gram from, the plaintiff from 7th April, 1953, to 3rd September. 1953, as shown in Schedule 1 attached with the plaint in pursuance of the latter part of Clause 5 regarding taking of 40% of gram @ Rs. 10/- per Md. of the Rajasthan Gram and Gram Products (Export Control) Order. 1953 published in the Rajasthan Gazette Extraordinary dated 27th March. 1953, and Jowar from 23rd January 1953 to 28th February, 1953, as shown in Schedule 2 in pursuanc...
Ram Gopal Vs. the Munsiff Magistrate and ors.
Court: Rajasthan
Decided on: Mar-04-1970
Reported in: 1970WLN480
L.N. Chhangani, J.1. This is application under Articles 226 and 227 of the Constitution by the petitioner Shri Ram Gopal-plaintiff praying to set aside the order of the Munsiff Gangapur, dated 9/1/68. By this order, the Munisif Gangapur allowed the revision application filed by the defendant Surajmal and his minor son Rata and set aside the decree passed by the Nyaya Panchayat, Nimbehera and dismissed the plaintiff petitioners suit.2 The petitioner Shri Ram Gopal filed a suit for the recovery of Rs. 241/- in the Nyay Panchayat. Nimbahera Jatan, on 26/8/66. The plaintiff's case was that there were dealings in cash and kind between the petitioner and the non-petitioner 'Shri Surajmal and that the non-petitioner Surajmal executed a khata in favour of the petitioner on Jeth bud 10 Samvat 2010 for an amount of Rs. 124/--. The plaintiff further claimed an amount of Rs 72/-from the non petitioner on account of the price of ghee. Adding an amount of Rs. 71/- on account of interest and giving c...
Bhawani Shanker and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-03-1970
Reported in: AIR1970Raj268; 1970(3)WLN143
Jagat Narayan, C.J.1. This is an appeal by the plaintiff against a decree of the Senior Civil Judge, Udaipur, dismissing his suit for recovery of money.2. The plaintiff was a contractor whose tender for the construction of buildings for the Collectorate and other offices at Bhilwara was accepted on behalf of the State. The work was completed on 28-4-1955. It appears that there was some dispute between the contractor and the Executive Engineer incharge of the work as to the payment to which the former was entitled. On 27-12-1955 the plaintiff wrote a letter (Ex. 3) to the Executive Engineer which runs as follows:--'I regret I cannot sign the bill in full and final settlement of all my dues, for which I have already claimed.I request you to please pay me the dues as billed by you as an advance in Hand Receipt on running bill.This may kindly be done early so that I may not waste my time here.'3. The final bill (Ex. A-2) was prepared and payment was made on it on 10-2-1956. The receipt giv...
Mangilal Vs. District Excise Officer, Ajmer and anr.
Court: Rajasthan
Decided on: Mar-02-1970
Reported in: AIR1971Raj46; 1970(3)WLN159
ORDERV.P. Tyagi, J.1. This writ application under Article 226 of the Constitution has been filed by petitioner Mangilal to challenge the order of the District Excise Officer, Ajmer dated 19th December, 1969, suspending the petitioner's license granted to him under the Rajasthan Excise Act, 1950.2. The case of the petitioner is as follows:3. The petitioner was given a license under the Rajasthan Excise Act, 1950 (hereinafter called the Act) for carrying on the business of selling country liquor in the town of Beawar. This license was granted for a period commencing from 1-4-1969 to 31-3-1970. It is alleged that the petitioner by filing a separate writ application before this Court had challenged the guarantee system on which the licenses were granted in the State by the Excise authorities for the sale of country liquor and that writ petition was admitted by this Court. This action of the petitioner resulted in the straining of the relations between the petitioner and the Excise Officers...
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