Rajasthan Court April 1970 Judgments
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Trilokidas and ors. Vs. Firm Ram NaraIn Damodar and ors.
Court: Rajasthan
Decided on: Apr-30-1970
Reported in: AIR1971Raj88
C.B. Bhargava, J.1. This appeal was originally filed by the defendant Damodardas who died during the pendency of this appeal and so it is now being continued by his legal representatives. It is directed against the judgment and decree dated 30th March, 1961, of the District Judge. Jaipur District, Jaipur, in a suit for dissolution of partnership and rendition of accounts. The learned District Judge by his decree has declared that Damodar and his two sons Dwarka Das and Gordhandas are entitled to six annas share in 3 lakh carat white synthetic stones contained in GL/11, or if already sold, to six annas share in the net profit thereof from the defendant Damodardas. He has also appointed a Commissioner to go into accounts and submit his report.2. The suit was instituted by firm Ram Narain Damodar, Johari Bazar, Jaipur, through Damodar and Dwarkadas and Gordhan Das sons of Damodar Malpani, proprietors of the firm Ram Narain Damodar, on 13th April, 1944, against Damodardas Khandelwal. It wa...
Dewan and ors. Vs. State
Court: Rajasthan
Decided on: Apr-29-1970
Reported in: AIR1971Raj77; 1971CriLJ506; 1970(3)WLN774
ORDERKan Singh, J. 1. This revision application before me raises a short point about the powers of the Sessions Judge under Section 497 (5), Criminal Procedure Code to cancel bail, granted by the Magistrate, before the accused persons came to be released from custody. A few facts may be stated:In the course of a committal inquiry against the accused petitioners for an offence under Section 302, Indian Penal Code the First Class Magistrate Dholpur ordered the release of the accused petitioners on bail on 3-11-69. It appears that before they could be so released the Additional Public Prosecutor moved the Additional Sessions Judge, Dholpur under Section 497 (5), Criminal Procedure Code to cancel the bail. The learned Additional Sessions Judge by his order dated 14-11-1969 cancelled the bail granted by the learned Magistrate and directed that the accused petitioners shall continue to remain in custody as hithertofore. It is against this order that the accused petitioners have come to this ...
Jugal Kishore Maheshwari Vs. Hari NaraIn and anr.
Court: Rajasthan
Decided on: Apr-28-1970
Reported in: AIR1971Raj111
Jagat Narayan, C.J. 1. This is an appeal by one of the plaintiffs against a final decree in a suit for dissolution of partnership and rendition of accounts. 2. The partnership business was commenced on 14-10-44 under an oral agreement and on 5-1-1945 a partnership deed was executed. Jugalkishore was the financing partner and Hari Narain and Makhanlal were the working partners. The shares of Jugal Kishore and Hari Narain were 3/8 each and of Makhanlal 1/4 in the partnership. 3. A sum of Rs. 19,336.65 was owed by Hari Narain to the partnership as he had taken away this sum from time to time out of the partnership money. The trial Court held that this amount was barred by limitation. Against this finding the present appeal has been filed. 4. We are satisfied that the view taken by the trial Court is erroneous. In Halsbury's Laws of England, (Vol. 22 at page 70) the position with regard to partners is stated in the following terms : 'Partners are not, as regards partnership dealings, consi...
State Vs. Ladhu Singh
Court: Rajasthan
Decided on: Apr-24-1970
Reported in: 1970WLN278
L.S. Mehta, J.1. The deceased Bhoor Singh and his brother Khuman Singh had an ancestral house in the village Kaya, Police Station Nai. Partition of the house had taken place between Khuman Singh and Bhoor Singh some time back. Ladhu Singh started living in the village Kaya. He purchased that portion of the house which had gone to Khuman Singh in partition. Pratap Singh (accused No. 2) was the domestic servant of Ladhu Singh. Thavra (accused No. 3). who was a village Barber, was also somehow associated with Ladhu Singh. Mst. Manak Bai (accused No. 4), widow of Mangu Singh started living with her husband's brother Ladhu Singh. Ladhu Singh was allaged to be carrying on the business of producing illicit liquor and selling the same. He was entangled in a criminal case on that account. In that case Bhoor Singh was the principal witness' examined on behalf of the prosecution. It is for this reason that Ladhu Singh got annoyed and commenced harbouring enemity against him.2. On June 24, 1968, a...
Lal Mohammed Vs. Regional Transport Authority, Jodhpur Region, Jodhpur ...
Court: Rajasthan
Decided on: Apr-23-1970
Reported in: AIR1970Raj276; 1970(3)WLN322
ORDERL.N. Chhangani, J.1. This is a petition by Lal Mohammed under Article 226 of the Constitution of India praying for a writ in the nature of certiorari, prohibition, mandamus or any other writ, order or direction, to quash and set aside the order of the Regional Transport Authority dated 1-7-1968 and the order in appeal dated 22-2-1969.2. The facts relevant for the disposal of this writ application may be briefly stated as follows:--The petitioner is the holder of a non-temporary stage carriage permit on Jodhpur-Barmer route. The permit issued to him covers bus No. RJQ 1291.A complaint was lodged against the petitioner for carrying passengers in excess of the seating capacity of the bus. The petitioner was served with a notice under Section 60 of the Motor Vehicles Act (hereinafter referred to as the Act) to show cause why the permit should not be cancelled. The petitioner appeared before the Regional Transport Authority at its meeting held on 1-7-1968 and offered to compound the br...
Mansaram Vs. the State
Court: Rajasthan
Decided on: Apr-23-1970
Reported in: 1970WLN224
B.P. Beri, J.1. This is an application under Section 561 -A of the Code of Criminal Procedure made both by the injured as well as the convicted accused praying that Criminal Appeal No. 76 of 1967 be reopened and they may be permitted to compound the offence under Section 324 I. P.C. and the applicant be acquitted.2. On account of a Panchayat election Mansaram and Mansingh became inimical to one another, Mansingh's son Tribuwan singh, the applicant before us, went to Mansaram, called him from his house and fired Section 12 bore pistol hitting his right knee thereby causing multiple lacerated gun shot wounds with inverted margins in an area of 5' x 5' The case was tried by the Sessions Judge, Ganganagar and he convicted Tribuhuwan Singh under Section 324 I.P.C. and awarded him 2 years' rigorous imprisonment. An appeal was preferred to this Court and by my judgment dated the 24th February 1970, I rejected the appeal and maintained the conviction and the sentence. Mansaram and Tribhuwan Si...
Pukhraj Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-20-1970
Reported in: 1970WLN518
L.S. Mehta, J.1. The deceased Raghunath Darji, aged about 50 years, was incharge of a water-hut, opened by one Nanoolal Sukhwal, P.W. 16, In Merta city for offering free water to padestrians. He was drawing Rs. 35/- per month in lieu of his services. His wife Mst. Rampyari was doing some domestic work in three households. She was earning about Rs. 45/- permensum. They had three children, namely, Kalu, P.W. 17, (aged about 11 to 14 years), Bhagwati (nearly 7 years' old) and Navrat (aged approximately 5 years). Some two years prior to the date of the occurrence (i.e., April 2, 1968), Raghunath had sold his house, situate in the village of his birth, Bhakri, for Rs. 600/- to Rs. 1000/-, to one Moolchand. Of the money received, he deposited Rs. 300/- with Amrit Raj alias Babulal Mahajan, P.W.1, a resident of Merta city, for safe custody NO receipt on account of the money was passed by the depository in favour of the depositor 'Later on P.W.15 Mst. Rampyari also deposited her three gold orn...
Jor Singh Vs. the State
Court: Rajasthan
Decided on: Apr-18-1970
Reported in: 1970WLN222
B.P. Beri, J.1. This is a petition under Section 491 of the code of Criminal Procedure made by Jor Singh challenging his detention in the Central Jail Jodhpur.2. The facts which it is necessary to recall for the disposal of this petition briefly stated are these; On 16.7.1969 by virtue of detention order No. 1567 the Additional Munsiff Magistrate No I, Jodhpur, directed that Jor Singh be kept in civil prison for a period of three months under each of the orders. Both the orders were made because the petitioner's two bonds for appearance were forfeited and the penalties thereunder were not paid and could be recovered. He was, therefore, sent to civil jail under Section 514(4) of the Code of Criminal Procedure, While he was undergoing this imprisonment on 20th September, 1969 the petitioner was bound down by the Municipal Magistrate, Jodhpur under Section 109 Cr. P.C. and was required to furnish a security in the sum of Rs. 500/--and so also a personal bond in the like amount for a perio...
Malchand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-18-1970
Reported in: 1970WLN231
C.M. Lodha, J.1. This is a second appeal by the plaintiff whose suit for for refund of Rs. 482.99 paise alleged to have been charged in excess as price of coal supplied to him and Rs. 30/-on account of interest, total Rs 512. 99 paisa was dismissed by the Munsiff, Bikaner and whose appeal from the judgment and decree of the trial court was also dismissed by the Civil Judge, Bikaner.2. The facts giving rise to this appeal are short and simple The plaintiff made an application dated 2-5-1961 to the Mines Manager, Palana Colliery Mines. Falana for purchase of 108 Tons of coal on which the Mines Manager, D.W. 1 Shri M.C Fell ordered that a challan be issued for 108 Tons at the rate of Rs. 20/-per Ton. A copy of this order has been placed on the record and marked Ex. 1. The plaintiff deposited Cs. 2160/-being the cost of 108 Tons of coal at the rate of Rs. 20/-per Ton at pits' amouth vide each challan dated 2-5-1961 marked Ex. 4. It appears that mean while the Government of Rajasthan had re...
Smt. Chandra Mani Vs. Gopi Vallabh and ors.
Court: Rajasthan
Decided on: Apr-18-1970
Reported in: 1970WLN313
P.N. Shinghal, J. 1. This appeal by defendant Smt. Chandra Mani against the appellate judgment of District Judge, Jodhpur, dated April 30, 1962, decreeing the suit of the plaintiffs-respondents for possession of the suit house and declaring the 'patta' and the gift-deed as inoperative.2. The house in question admittedly belonged to Roopram. The plaintiff's therefore traced the genealogy from him in order to show that while they were the descendants of Shivrup, Prabhushanker was the descendent of Shambhuram, Prabushanker used to reside in the suit house when he died issueless on Jeth sud 7, Section 2000. The plaintiffs claimed to be his only heirs. Mangilal, who was the sole defendant in the suit (as instituted on November 8, 1948) used to reside in the house from the life-time of Prabhushanker. The plaintiffs asked him to vacate the house, but he refused to do so inspite of notice, on the plea that it had been gifted to him by Prabhushanker by gift-deed Ex. A. 3 dated May 21, 1938 and ...
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