Rajasthan Court March 1971 Judgments
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Mohan Lal Kaul Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-19-1971
Reported in: (1971)IILLJ291Raj
ORDERJagat Narayan, C.J.1. This petition under Article 226 of the Constitution has been referred for decision to a Division Bench by a learned single Judge of this Court along with some other similar writ petitions including Hem Dutt Mathur v. The State of Rajasthan and Ors. (D.B. Civil Writ Petition No. 416/1967) and Achal Das v. The Municipal Council, Jodhpur and Anr. (D.B. Civil Writ Petition No. 10 of 1969).2. The material facts which appear to have been established from the record are these. Mohan Lal, petitioner, was born on 2-1-1914. He joined Government service under the erstwhile State of Jodhpur as clerk, Pholdi Municipality in 1936. In 1940 he was transferred to Jodhpur Municipality. These Municipalities were departments of the State at that time and he was governed by the Jodhpur Government Service Regulations under which a Government servant was required to retire from service on attaining the age of 55 years. The Jodhpur Municipal Act was framed in 1943 and it made the Jo...
Achaldas Vs. the Municipal Council and ors.
Court: Rajasthan
Decided on: Mar-19-1971
Reported in: 1971WLN347
Jagat Narayan, C.J.1. This petition under Article 226 of the Constitution has been referred for decision to a Division Bench by a learned Single Judge of this Court.2. The material facts which appear to have been established from the record are these. Achal Das, petitioner, was born on 1.3.14. He joined the advice of the Municipal Board, Jodhpur, on 11.7.34 At that time the Jodhpur Municipality was a department of the erstwhile State of Jodhpur and be was governed, by the Jodhpur Government Service Regulations under which a Government servant was required to retire from service on attaining the age of 55 years. The Jodhur Municipal Act was framed in 1943 and it made the Jodhpur Government Service Regulations applicable to officers and servants of the Jodhpur Municipality. This did not make any change in the service conditions of the petitioner as he was already governed by the Jodhpur Government Service Regulations. Since however he ceased to be a Jodhpur Government servant on the comi...
State Vs. Jawan Singh
Court: Rajasthan
Decided on: Mar-18-1971
Reported in: 1971CriLJ1656; 1971(4)WLN241
L.S. Mehta, J.1. Succinctly put the prosecution story is that P.W. 15 Chenia had a strip of agricultural land, measuring about 53 Bighas (Khasra No. 49), situate within the precincts of village Barri. He wanted to sell the land, The accused Jawan Singh showed curiosity to buy it for a meagre sum of Rs. 300/-. That consideration was not acceptable to its owner, It is alleged that through the efforts of the deceased Patwari Bharu Singh and his brother Chhatar Singh (injured), who was also a Patwari, their brother-in-law Bheru Singh son of Bhur Singh Rajput, resident of Juna, Tebail Desuri, bought it for Rs. 800/-. A registered sale-deed was executed by Chenia is favour of the buyer on March 25, 19fi6: vide Ex. P. 19| Because of this transaction accused Jawan Singh harboured ill-feeling against Bheru Singh and Chattar Singh. The accused conveyed his protest to Chenia telling him how sinister consequences would follow. Later on, Bheru Singh decasec and the accused Jawan Singh met each othe...
Karam Singh and ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-17-1971
Reported in: AIR1971Raj265; 1971(4)WLN151
ORDERV.P. Tyagi, J. 1. Karam Singh & four others have filed this writ petition under Article 226 of the Constitution praying that by issuing a writ of mandamus, certiorari or any other appropriate writ, order or direction the respondents may be restrained from dispossessing the petitioners from the plot of land in question and they may further be directed not to dismantle their stalls standing on the disputed land. 2. Learned counsel for the petitioners at the very outset urged that this petition may be treated on behalf of only one petitioner, namely, Karam Singh and the names of rest of the petitioners may be struck of from the array of petitioners. 3. The facts giving rise to this petition are, in a nutshell, as follows: A piece of land measuring 40' x 40' situate between the Customs Post and the Railway Nala at Kota Junction was leased out to petitioner Karam Singh and his other colleagues in the year 1946-47 when they migrated from Pakistan to India. Since then, according to the a...
Anandilal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-17-1971
Reported in: 1971WLN351
V.P. Tyagi, J.1. Petitioner Anandilal has filed this writ application under Article 226 of the Constitution challenging the requisition of lands measuring 23 Bighas and 14 Biswas situate in the town of Hindaun. The description of this land has been given by the petitioner in para No. 2 of the petition.2. The main ground of attack which has been made by the petitioner before this Court today is that the objections filed by the petitioner under Section 52(2) of the Rajasthan Urban Improvement Act, 1959, were heard by Prem Sukh Maheshwari who was appointed an officer on special duty, Town Planning Department, but the decision on those objections to acquire the said land was ultimately given by the Government. This procedure adopted by the Government, according to the petitioner, is violative of the fundamental principles of natural justice and the decision taken by the Government is thereby vitiated.3. The petitioner has mentioned various other grounds to challenge the acquisition of the ...
Bishandas and anr. Vs. Durga Prasad and ors.
Court: Rajasthan
Decided on: Mar-17-1971
Reported in: 1971WLN392
C.M. Lodha, J.1. The suit out of which this appeal arises was instituted by the plaintiffs Bishandass, Chhanganlal and Mst. Champa for declaration that they are the nearest reversioners of the deceased Mst. Ancha and are entitled to get the turn of worship due to the deceased Mst. Ancha. They also claimed rendition of account with respect to the income recovered by the defendants on account of the turn of worship of the deceased Mst. Ancha, and claimed a decree for Rs. 500/- tentatively subject to such amount as may be ultimately found due.2. The plaintiff's case as set out in the plaint is that the Sewapuja in the temples of the former State of Bikaner owned by the erstwhile said State and private parties, used to be performed by the Mundra Sewags only and the turn of Mst. Ancha came after every two years for 7 days. It was alleged that Mst. Anch died on 13.6.1950 and the plaintiffs being her nearest reversioners were entitled to succeed to her and to do Sewapuja and realise the incom...
Panchoolal and anr. Vs. Kesharimal and ors.
Court: Rajasthan
Decided on: Mar-16-1971
Reported in: AIR1972Raj293; 1971(4)WLN355
C.M. Lodha, J. 1. This is a second appeal by the plaintiffs whose suit for redemption of the mortgaged property in question, situated in Ajmer has been dismissed by the Courts below on the ground that the suit is premature. 2. It is the common case of the parties that Baldeo, (grand-father of the plaintiffs and defendant No. 8 Ramdas) mortgaged the house with Surajkaran and his son Chhaganlal, ancestors of the defendant-mortgagees in consideration of a sum of Rs. 700/- by a registered mortgage deed dated 14-6-1900. It is provided in the mortgage deed that the mortgagors would not be entitled to redeem the mortgage for a period of 90 years, and even after 90 years, it should be redeemed only within six months and if the mortgagors failed to redeem the property within six months after the expiry of 90 years, the right of redemption would be lost. The present suit was filed on 4-7-1960 before the expiry of the stipulated period of 90 years and consequently the defendant-mortgagees pleaded...
Kanhaiya Lal Vs. State
Court: Rajasthan
Decided on: Mar-16-1971
Reported in: 1971CriLJ1211
ORDERH.C.P. Tripathi, J.1. Applicant was convicted by a Magistrate First Class for an offence Under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and to a fine of Rs. 1000/-. In default of payment of fine, he was to undergo three months' further rigorous imprisonment.2. On appeal, the conviction and sentence of the applicant were confirmed by the learned Sessions Judge, Gyanpur.3. According to the prosecution, Sri Shambhu Prasad Food Inspector took the sample of Pera from the shop of the applicant, which he was exposing for' sale in the Mela at Seetamarhi on 27-6-1966 in accordance with rules. He divided it in three parts, one of which he handed over to the applicant and one was sent to the Public Analyst. The Public Analyst reported that the milk fat contents in the sample was less than. 5 per cent., which is the minimum limit prescribed under law. Accordingly, the applicant was prosecuted and has been convicted and sentence...
Chand Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-05-1971
Reported in: 1971CriLJ1501; 1971(4)WLN218
L.N. Chhangani, J.1. This appeal has come before me Under Section 429, Criminal P.C. as the Judges composing the Bench who heard the appeal, differed on the question whether the offence committed by the accused-appellant is Under Section 302 or one Under Section 304, Part I, Indian Penal Code.2. The accused-appellant Chand Singh was tried by the Sessions Judge, Ganganagar, for an offence Under Section 302. Indian Penal Code, for the murder of his wife Mst. Jaswant Kaur. The prosecution case was that on 16th May, 1967 the accused-appellant assaulted his wife Mst. Jaswant Kaur at his house in village Morjand Sikhan at about 8/30 p. m., inflicted injuries with a sword and brought about her death. The accused admitted having inflicted sword-blows upon his wife. He, however, came forward with a version either claiming right of private defence or the right to an exception based on grave and sudden provocation.His case was that on the night of the occurrence when he was sleeping inside his ho...
Tej Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-04-1971
Reported in: 1971WLN(UC)28
Jagat Narayan, C.J.1. This is an appeal by the plaintiff against a decree of the District Judge Bhilwara, dismissing part of his claim.2. Tej Singh, plaintiff, took the contract for remodelling of part of Dehli-Jahazpur road at an estimated cost of Rs. 23,205/-. The work was commenced on 1.10.58 and was completed on 30.9.59. The final bill was passed on 14.2.63. The present suit was filed on 2.1.64 for the recovery of Rs. 21,537/-. It was decreed for Rs. 2,382. 78 and the rest of the claim was dismissed. The present appeal has been valued at Rs. 5,490.57. It was filed in respect of two items. One contention on behalf of the plaintiff is that the State is entitled to hire charges for road roller at Rs. 17/- per day instead of Rs. 45/- per day allowed by the trial court. The other contention is that the plaintiff is entitled to payment for consolidating the old ballast which was scraped from the road surface. The State did not file any cross-appeal or cross-objection. But the learned Add...
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