Rajasthan Court December 1972 Judgments
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Ratan Lal Vs. Moti Lal
Court: Rajasthan
Decided on: Dec-07-1972
Reported in: 1972WLN918
Kan Singh, J.1. This is a tenant's second appeal directed against the appellate decree for eviction by the learned Civil Judge, Beawar and raises the point whether a tenant has or has not made any material alteration within the meaning of Section 13(1)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, is a question of law or one of fact or both. It arises in the following circumstances:2. The plaintiff-respondent sought to the eviction of the tenant on three grounds: (1) of bonafide personal necessity, (2) default in payment of rent, and (3)material alterations made by the tenant in the suit premises. The first court held against the landlord on the question of personal necessity and about the defaults in payment of rent but decreed the suit on the ground that the tenant had made material alterations in the suit premises. It was, inter alia averred in the plaint that the defendant-tenant had closed the open 'Chabutari' in front of the shop by a wooden partition and...
Jaipur Bottling Co. Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-07-1972
Reported in: 1972WLN964
B.P. Beri, J.1. This is a petition under Article 226 of the Constitution of India challenging the taxability of certain items and the vires of Section 7(2A) of the Rajasthan Sales Tax Act, 1954 (hereinafter called 'the Act').2. The petitioner is a partnership firm registered under the Indian Partnership Act and carries on the business of manufacturing and selling of areated water, ice box openers and straws. It is registered with the Commercial Taxes Officer, Jaipur City 'B' Circle. The petitioner commenced its business from the 1st of November, 1964 It was assessed for the accounting year 19(54-65. that is from 1-11-1964 to 31-3-1965. It challenges the provisions of the Act and the notifications issued thereunder dated 2-3-1963 and 2-11-1965 and the provisions of Section 7(2A) of the Act on various grounds and has prayed that by means of an appropriate writ, order or direction Section 5 of the Act of 19S4 as amended by Act 13 of 1964 and the notification dated 2-11-1965 made thereunde...
Union of India (Uoi) Vs. Premchand
Court: Rajasthan
Decided on: Dec-07-1972
Reported in: 1972WLN1091
J.P. Jain, J.1. Union of India has filed this appeal against the appellate judgment and decree of the Civil Judge, Ajmer dated 26th August, 1970 by which the decree passed by the Munsif, Ajmer City (East) was reversed and the respondent's suit No. 305/66 was decreed.2. Premchand was working as a permanent Khalasi in the Carriage Department, Ajmer. He was charged for misconduct and after a preliminary enquiry, he was suspended on 21-5-1965 After a joint enquiry against him Sarv Shri Omprakash Grover and Deoraj, he was removed from service on 11-5-1966 by the order of the Works Manager (Carriage), Ajmer (Ex. 1). He preferred an appeal to the Deputy C.M.E. Ajmer but it was dismissed on 19 11-1966 (Ex A 23) He served the Union of India with a statutory notice under Section 80 C.P.C. After the expiry of the notice, he instituted the civil suit No. 305/66 in the court of Munsif, Ajmer City (East) on 10-12-1966 against the order of his removal from service. He prayed for a declaration that th...
The State of Rajasthan and anr. Vs. Ramnath and ors.
Court: Rajasthan
Decided on: Dec-06-1972
Reported in: 1972WLN1111
B.P. Beri, J.1. These five petitions have been moved under Article 133(1)(c) of the Constitution of India seeking leave to appeal to the Supreme Court and can be disposed of by one order as the circumstances in which they arise are common.2. The Additional District Judge, Dholpur, passed five decrees against the State of Rajasthan arising from various contracts and excepting in leave petition No. 52 of 1971 each of the decrees was above Rs. 20,000/-. The decree in leave petition No. 52 of 1971 was in the sum of Rs 8,000/- only. Appeals against these decrees were presented before the Deputy Registrar, High Court at his residence at 11.45 P.M. on 16-3-1970. The office raised an objection that they were barred by time by two days. Applications were moved under Section 5 of the Indian Limitation Act for the condonation of delay and after bearing the learned Counsel for the parties the Division Bench of this Court by its judgment dated the 8th February, 1971 held that the State of Rajasthan...
State of Rajasthan Vs. Khem Chand
Court: Rajasthan
Decided on: Dec-05-1972
Reported in: 1972WLN991
Kan Singh, J.1. The second appeal before me arises out of a suit by the respondent questioning the validity of a Government order by which the order of fixation of the respondent's salary was superseded. The plaintiff had sought the relief for the recovery of a sum of Rs. 5,85852 paise wrongly deducted from his salary.2. The appeal involves a question regarding the interpretation of Rule 3 of the Rajasthan Civil Service (Unifications of Pay Scales) Rules, 1950 read in conjunction with the Schedule appended to the Rules.3. Khem Chand, plaintiff-respondent was an Auditor in the Office of the Accountant General of erstwhile Bikaner State. After the formation of Rajasthan be come to be posted as a Treasury Accountant with effect from 1.10.1949 in the grade of Rs. 100-6-130 10 200 vide Ex. 3 At the relevant time the Office of the Accountant General. Rajasthan was under the Government of the United State of Rajasthan. When there was Federal Financial Integration the office of the Accountant ...
Ramvilas and Badrilal Vs. Gopal Lal and ors.
Court: Rajasthan
Decided on: Dec-05-1972
Reported in: 1972WLN974
S.N. Modi, J.1. This is a plaintiff's second appeal in a suit for damages for malicious prosecutor. The suit was decreed by the learned Civil Judge, Chittorgarh, for a sum of Rs. 1922/-. The defendants then went in appeal and the learned District Judge, Partapgarh (camp Chittorgarh), by his judgment dated 17-5-66 dealt with the preliminary question only whether the suit was barred by limitation and held that the suit was so barred. He accordingly dismissed the suit. Aggrieved by judgment and decree of the learned District Judge, Partapgarh, the Plaintiff's have filed this second appeal.2. The only point involved in this appeal is whether the suit filed by the plaintiffs was barred by time. In order to appreciate the point involved it is necessary to state a few facts.3. On 30-5-60 the defendant respondent Gopal Lal lodged a report at the police Station, Chhotisadri that the plaintiff-appellants along with some others broke open the look of his house, gave beating to him and committed c...
ikramul Haq Shah Vs. the Board of Rajasthan Muslim Waqfs and ors.
Court: Rajasthan
Decided on: Dec-04-1972
Reported in: AIR1973Raj57; 1972()WLN859
Joshi, J. 1. This is a special appeal directed against the judgment dated 30th. March, 1972 of the learned Single Judge whereby he dismissed the writ petition of the appellant who prayed for the quashing of the order of the Waqfs Board dated 15th January, 1970 constituting a committee to advise the appellant for the management of the property and substantially curbing his powers of management of the Waqfs in question. 2. The case as set up by the appellant in his writ petition is that the Waqf in question is situate in Jaipur City outside the Ghat Gate. This Waqf was originally founded by Miskeen Shah, the ancestor of the appellant and is known as 'Miskeen Shah Ki Dargah'. In the Dargah compound there is a mosque a garden and a well besides other properties which need not be mentioned in detail here, Hazrat Ghulam Mohd. Shah alias Miskeen Shah who will be hereafter called 'Miskeen Shah' came from Kashmir and settled down in Jaipur City about 130 years back. He rose to eminence by his r...
Union of India (Uoi) and ors. Vs. Gem Palace, Jaipur and ors.
Court: Rajasthan
Decided on: Dec-04-1972
Reported in: AIR1973Raj242; 1972()WLN1072
Beri, J. 1. The validitv of the Gold Control Act. 1968 (Act No. 45 1968) was challenged by means of a group of 150 writ petitions before a learned Single Judge of this Court on diverse grounds. These petitions were resisted by the Union of India and the learned Single Judge by his judgment dated the 4th of December. 1969 in view of the decision of the Supreme Court in Harakchand Ratan-chand Banthia v. Union of India. AIR 1970 SC 1453 rebelled all attacks except one asainst Section 6(1) of the Act and held that this part alone was unconstitutional because no guideline was provided therein. Union of India has preferred three appeals against that judgment which can be disposed of together.2. Mr. Vvas, learned counsel for the appellants, invited our attention to Badri prasad v. Collector, Central Excise. AIR 1972 SC 1170 a decision which was rendered subseauent to the decision challenged in these appeals and urged that Section 6 was specifically challenged in this case and their Lordships ...
State Vs. Bhanwar Lal Bansal
Court: Rajasthan
Decided on: Dec-04-1972
Reported in: 1973CriLJ1749
L.S. Mehta, J.1. The prosecution story in brief is that a first-information report was lodged by Rameshwar Reddy, P. W. 6, with the police station. Bhilwara on December 31, 1963, stating therein that accused Bhanwar Lal had sold spurious 'Biris' with counterfeit 'zhillis' (wrappers) and labels of bull-dog of M/s. Pyar Chand Keshri Mai Porwal of Kamptee by misrepresenting them to be genuine. The bulldog label was a registered trade mark of the above firm, bearing registration No. 131148 and 'zhillis'(tissue papers) with bull-dog and Keshri figure of a particular design, wherein registered trade mark bearing No. 160381 was also inserted. The firm enjoyed good reputation for its 'Biris' in the area. The accused, in order to take advantage of the good will of the firm, manufactured and sold spurious goods with counterfeit trade-mark by copying the said mark of the firm and thus committed commercial piracy and cheated the general public by selling spurious goods under counterfeit labels and...
Bhanwar Lal Vs. Hibatullah
Court: Rajasthan
Decided on: Dec-01-1972
Reported in: 1972WLN943
Kan Singh, J.1. The second appeal before me raises the question whether on the execution of a usufructuary mortgage by the landlord in favour of a tenant the relationship of landlord and tenant will come to an end by virtue of express or implied surrender of the tenancy rights or it would be merely put in abeyance so that on the redemption of the mortgage by the landlord mortgagor the tenant mortgagee could yet claim to remain in possession by virtue of the Rent Control legislation.2. It is common ground between the parties that in respect of the suit shop situated at Nimbahera the defendant was a tenant of the plaintiff-respondent. The tenancy commenced some 30 years before the filing of the suit. However, on 25-10-57 the mortgage deed, Ex. 1 on record, was executed by the landlord in favour of the tenant for Rs. 4,000/-. It was, inter alia, agreed that the mortgage would be redeemable after 7 years and that no interest would be chargeable for the amount advanced by the tenant to the ...
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