Rajasthan Court August 1970 Judgments
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Mohanlal Vs. Ratna
Court: Rajasthan
Decided on: Aug-11-1970
Reported in: AIR1971Raj164; 1970(3)WLN457
C.M. Lodha, J.1. This is a plaintiff's second appeal arising out of a suit for cancellation of a document dated 1-6-1958 executed by the plaintiff in favour of the defendant Ratna.2. The plaintiff's case as set out in the plaint is that the land in question which is a piece of agricultural land situated in village Khamnor. District Udaipur was originally owned and possessed by one Damodar and the plaintiff and the defendant are the sole survivors of Damodar and consequently each of them is entitled to one-half share in the land in question. It is alleged by the plaintiff that by practising fraud on him the defendant managed to get the document in question executed by the plaintiff wherein the plaintiff was made to acknowledge that he had only one-third share in this land.The plaintiff goes on to state that he discovered this fraud when he had a talk with some relations and friends of his on 20-6-1961 at the fair of Partap Jayanti in Khamnor. Having discovered this fraud he filed the pr...
Ramkumar Vs. Bastu Singh and ors.
Court: Rajasthan
Decided on: Aug-10-1970
Reported in: AIR1971Raj125; 1970(3)WLN430
C.M. Lodha, J.1. This is a plaintiff's second appeal arising out of a suit for recovery of money by the sale of the mortgaged property.2. The suit is based on a registered mortgage deed dated 21-4-1955. The mortgagor is the debtor Bastu Singh. The plaintiff's case is that the defendants Nos. 2, 3 and 4 Ramsingh, Hanuman Singh and Ramdeo also signed the mortgage deed as sureties. The orginal mortgage deed has been placed on the record and marked Ex. 1. It is mentioned therein that if the amount of mortgage including all other claims of the mortgagee are not realised by the sale of the mortgaged property, the mortgagor as well as defendants Nos. 2 to 4 would be liable to pay the balance, if any.3. The suit was decreed against the mortgagor Bastu Singh as a simple money debt. The mortgaged property was sold through the Court after attachment. Admittedly some amount has still remained due to the mortgagee after the sale proceeds had been paid to him. Both the Courts dismissed the plaintiff...
Tejkaran and ors. Vs. the Cantonment Board
Court: Rajasthan
Decided on: Aug-10-1970
Reported in: 1970WLN436
C.M. Lodha, J.1. This is a plaintiff's second appeal arising out of a suit for perpetual in injunction for restraining the defendant from removing the plaintiff's fire wood lying in the cattle shed leased out to the plaintiffs by the defendant, the Cantonment Board, Nasirabad.2. The plaintiffs' case as set out in the plaint was that the cattle-shed in question was leased out to the plaintiffs on 1. 4. 1957, initially for a period of one year upto 31st March, 1958. It appears that even after expiry of period of one year the lessee held over and continued to occupy the cattle shed on the terms agreed to between the parties at the commencement of the lease. The plaintiff stacked fire-wood in the cattle-shed and thereupon the Cantonment Board served a notice on the plaintiffs to remove the fire-wood within 7 days of the service of notice. Another notice dated 13. 7. 1959 was served on the plaintiffs to the effect that if the latter did not remove the fire-wood from the cattle-shed, the sam...
Devi Shanker and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-10-1970
Reported in: 1970WLN815
Kan Singh, J.1. The accused petitioners who were facing trial for offences under Sections 467, 468, 471 A and 406, I.PC. have moved this Court against an order of the learned Additional Sessions Judge, Bundi dated 6th May, 1968 dismissing their application by which they prayed the learned Additional Sessions Judge to quash the proceedings on the ground that the trial was barred by the provisions of Section 403 Cr. P.C. as also Article 20 of the Constitution.2. The indictment against the accused Devishanker was that as President of the Multipurpose Cooperative Society of Chitrapura he had embezzled an amount of Rs. 27,030, between the period 1st of July, 1959 to 30th of June 1960 in collusion with the co-accused Nathu. He was also charged for the offence of conspiracy under Section 1206 for committing embezzlement of the funds belonging to the Cooperative Society when Nathu was the Secretary. The third charge was that for concealing the embezzlement he had fabricated the account books w...
Gudarmal Vs. Bansilal and anr.
Court: Rajasthan
Decided on: Aug-06-1970
Reported in: AIR1971Raj175; 1970(3)WLN485
C.M. Lodha, J.1. This is a defendant's second appeal arising out of a suit for redemption of a house situated in village Giri, District Fali.2. Plaintiff Banshilal originally filed this suit alleging that the house in question belonged to Fojmal and his sons Kundanmal and Mishrilal, and that the same had been mortgaged by widow of Fojmal, Kundanmal and Mishrilal on Sawan Badi 1, Samwat 1961 for a sum of Rs. 72/- with Ummedmal Ghasiram and Sugal Chand, ancestors of the defendant Dudermal. It was alleged that Mst. Rami --respondent No. 2 was the sole surviving heir in Fojmal's family and was, therefore, entitled to redeem the house in question. It was further averred that Mst. Rami had sold away the equity of redemption in favour of the plaintiff on Mahasud 13, Section 2013 for Rs. 99/-. It was, therefore, prayed that a decree for possession of the house in question by redemption of the mortgage may be granted in favour of the plaintiff.Subsequently the plaint was amended and Mst. Rami w...
idol Murli Manoharji Vs. Dr. Gopilal Garg and ors.
Court: Rajasthan
Decided on: Aug-05-1970
Reported in: AIR1971Raj177; 1970(3)WLN444
C.M. Lodha, J.1. This is a plaintiff's second appeal.2. The plaintiff Idol Shri Murli Manoharji through Chandra Shekhar minor represented by his next friend Smt. Radha Devi filed the suit out of which this appeal arises on 15-12-1960 in the Court of Sub-Judge, First Class, Ajmer alleging that the temple, situated in Mohalla Kesarganj in the city of Aimer known by the name of Shri Murli Manoharji's temple was built bv Ramnarayan, who is the common ancestor of Chandra Shekhar and defendants Nos. 2 to 4 Shive Shanker, Kanhaiyalal and Ram Chander. The plaintiffs case is that the idols of Shri Radha Krishan and Shri Mahadeo were installed in this temple and Pratishta ceremony was also duly performed. It was further alleged that land measuring 66' X 91' was acquired by Ram Narayan from the Municipal Committee, Aimer with the object of constructing a temple on it, in the year 1888 A. D. The temple was built on a portion of the said land and residential houses, a well and six shops behind the ...
Roshan Singh Vs. Ramu and ors.
Court: Rajasthan
Decided on: Aug-03-1970
Reported in: AIR1971Raj113; 1971CriLJ785
ORDERL.S. Mehta, J. 1. It appears that party No. 1 Ramu submitted an application to the Court of the Sub-Divisional Magistrate, Parbatsar, under Sections 107/117, Criminal Procedure Code, against Roshan Singh and others, party No. 2. The applicant averred that party No. 2 was interfering with his right of possession over his land (Khasra No. 147/1), situate in village Lichana and that there was likelihood of breach of the peace or disturbance in the public tranquillity. On receipt of the above-application the Sub-Divisional Magistrate, Parbatsar, felt that there was sufficient ground for taking proceedings under Section 107, Criminal P. C., and required party No. 2 to show cause why they should not be ordered to execute bonds with sureties for keeping peace for a period of one year in a sum of Rupees 1000/-, each. At the same time the Magistrate ordered that pending the completion of the inquiry under Sub-section (1) of Section 117, it was necessary to take immediate measures for the p...
State Vs. Sanwal Ram
Court: Rajasthan
Decided on: Aug-03-1970
Reported in: 1971CriLJ200; 1970(3)WLN440
B.P. Beri, J.1. By his reference dated November 9, 1968 the learned Sessions Judge, Bikaner, recommends that the judgment of the Sub-Divisional Magistrate, Rajgarh, where-by he convicted Sanwal Ram Under Section 64 (a) of the Rajasthan Excise Act, 1950 but award, ed him only a sentence of fine of Rs. 60/. when the law enjoins substantive sentence, be set aside. The reference further recommends that the learned Magistrate be directed to write the judgment afresh. this Court, however, issued a notice to Sanwal Ram to show cause as to why his sentence be not enhanced. He appears and contests his conviction.2. The facts which we may notice for the disposal, of this reference are that on January 16, 1965, Excise Inspector. Rajgarh, went to the house of the accused along with 2 witnesses and recovered one full-size bottle of liquid, said to contain liquor, and one half-size bottle which had liquid upto a level of one and half inch. He saw the bottles and found the liquids to be liquor of 60....