Rajasthan Court July 1971 Judgments
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Pana Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-16-1971
Reported in: 1971WLN273
V.P. Tyagi, J.1. Petitioner Messrs. Panna Singh Premchand Chauhan has filed this writ petition under Article 226 of the Constitution challenging the fixation of the minimum wages by the State Government vide its notification dated March 26, 1969 (Annexure II ) under the Minimum Wares Act of 1948 (hereinafter called the Act ).2. Petitioner's case is that it get the 'Bidis' manufactured by the bidi-rollers by providing them raw material in the form of Tendu leaves and tabacco. These persons prepare Bidis at their homes and deliver them to the petitioner after they are properly rolled. Petitioner's contention is that it h no supervision or control over the working of the Bidi-rollors and therefore the element of master and servant is absent in the relationship of the petite with these Bidi-rollers. It is contended that the State Government issued a notification Section Order 26 on 25 March, 1969, under the provisions of the Act and thereby fixed the minimum wages of Rs. 2/- per 1000 Bidis...
Bhagirath Vs. Kaloo
Court: Rajasthan
Decided on: Jul-13-1971
Reported in: 1971WLN294
C.M. Lodha, J.1. This is a defendant's second appeal.2. It arises cut of a suit for possession of certain apartments in the house situated in village Chhoti Sadri. The plaintiff is admittedly in possession of other apartments in that, house. His case is that he purchased the house in question by a registered sale deed dated 7.7.1959 from one Gabba, who had purchased the same from one Kishna by sale deed dated 8th September, 1932. It is alleged that the defendant who is the son of Gabba continued to occupy the apartments in question without any authority and consequently the plaintiff filed the present suit for possession of the apartments in dispute on 5.10.1962. The defendent appellant resisted the plaintiff's suit and pleaded that the whole house belonged to him and his father Gabba had no right to the sell the same to the plaintiff. It was further pleaded by him that the whole of the sale price was paid by him to Kishna when the sale deed Ex-1 was obtained from Kishna & the name of ...
The State of Rajasthan Vs. Khan Bahdur Hormuji Naneckji Dossabhoy Horm ...
Court: Rajasthan
Decided on: Jul-09-1971
Reported in: 1971WLN(UC)31
Jagat Narayan, C.J.1. This is an appeal by the State against a decree passed by the Senior Civil Judge, Jaipur City. On a suit brought against it by Messers. Khan Bahadur Hormusji Maneckji Dossabhoy Hormusji Bhiwandiwala & Co., a registered partnership firm for the recovery of a sum of Rs. 2,32,676/-. The plaintiff have filed a cross-objection in respect of that part of the claim which was dismissed by the trial court.2. The plaintiff entered into a contract with the then Jaipur State on 17th December, 1942. Under this contract the terms of which are contained in sanction notice Ex 27, in document Ex. 28 (containing the terms, of the contract), in agreement Ex 29 which was executed after the bid of the plaintiffs was accepted and in certain other documents, the plaintiffs undertook to install distillery in the premises belonging to the Jaipur State and to supply liquor for the period from 1st July 1943 to 31st August, 1950, The outgoing contractors were M/s Karnal Distillery Ltd. the c...
Manoharlal and anr. Vs. Bheerulal and ors.
Court: Rajasthan
Decided on: Jul-08-1971
Reported in: AIR1972Raj31; 1971(4)WLN287
C.M. Lodha, J. 1. This is a plaintifis1 second appeal arising out of a suit for mandatory and perpetual injunction to restrain the defendants from disturbing certain easements of the plaintiffs.2. The houses of the parties are situated contiguous to each other in the city of Udaipur. The plaintiffs' house is stated to be a four storeyed one. In the first storey there exist two windows in the eastern room and one 'Jali' in the western room. Similarly in the second storey there are two windows in the eastern room of the plaintiffs' house and also a 'Medi'. In the third and fourth storeys there are certain projections in the plaintiffs' house over-hanging the defendants' house and these projections have been described in local terms as 'Khumla' and 'Galmi'. The plaintiffs' case is that the defendants had obstructed the windows and the 'Jali' in the first storey and had threatened to disturb the plaintiffs' easements in the second, third and fourth storeys also. It was, therefore, prayed t...
Commissioner of Income-tax Vs. Jabarmal Dugar
Court: Rajasthan
Decided on: Jul-08-1971
Reported in: [1972]84ITR158(Raj); 1971(4)WLN284
Chhangani, J. 1. This is a reference by the Income-tax Appellate Tribunal (Delhi Bench 'B') referring the following question of law for answer by this court:'Whether, in the facts and circumstances of the case, the payment of Rs. 2,440 to the accountant and the correspondence clerk who worked for the assessee in assisting him to issue directions, maintain accounts and carry on the business is an admissible deduction ?'2. The material facts are as follows :The assessee, Jabarmal Dugar, who is an individual, derives income from various sources. He has a proprietary business in money-lending at Sardarphahr in the name of self and is also a partner in the firm, M/s. Chaiskukh Sampatram, Calcutta, the share from which forms the major part of the assessee's income. He maintains two sets of accounts for his business. In one of the sets of account books in the name of M/s. Sampatram Budhmal, his gross receipts were only Rs. 337 and the business expenses were shown as Rs. 2,440. In connection w...
Yar Mohammad Vs. Roshan Lal
Court: Rajasthan
Decided on: Jul-07-1971
Reported in: 1971WLN(UC)41
L.N. Chhangani, J.1. This is a plaintiff's revision against the order of the Munsiff Magistrate, Udaipur City, dated 15th December, 1970, and has arisen in the following circumstances.2. The petitioner plaintiff filed a suit for the fixation of standard rent of a shop on 3-6-67 in the court of Munsiff Magistrate, Udaipur City, against the non petitioner defendant. On 4-7-67 the plaintiff petitioner filed an application for determination of the provisional rent under Section 7 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950. The Munsif, vide his order dated 14-12-67, fixed the rent at Rs. 45/- p.m. and the plaintiff-petitioner started depositing provisional rent in the court regularly. On 3 9.70 the defendant non-petitioner filed an application under Section 7 Sub-section (4) of the Act alleging that the plaintiff had not paid the provisional rent by the 15th of every month and asserted his right to eject the petitioner plaintiff. The plaintiff petitioner opposed the ...
Vednidhi Sharma Vs. Director Tech. Edu. and anr.
Court: Rajasthan
Decided on: Jul-05-1971
Reported in: 1971WLN302
P.N. Shinghal, J.1. Petitioner Vednidhi Sharma obtained a diploma in Civil Engineering in 1968. An advertisement (Ex. 1) was issued for recruitment to certain temporary posts of Drawing Instructors. He applied for one of those posts and was appointed temporarily as Drawing Instructor (Civil Engineering) with effect from January 17, 1964, or the date of his joining, for a period of six months, or until such time as his services were required or until a suitable candidate selected by the Rajasthan Public Service Commission joined his duties, whichever was earlier. That order of appointment is Ex. (II). The petitioner joined his duties in the Bikaner Polytechnic oh January 18, 1964.2. He received a letter (Ex. 3) dated August 14, 1967 from the Principal of the Bikaner Polytechnic informing him that he would be relieved of his employment when the candidate selected by a Selection Committee joined the post. The petitioner felt aggrieved because, according to him, he was entitled to the prot...
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