Court : Rajasthan
Reported in : 1978(11)WLN161
M.L. Shrimal, J.1. In the General Elections of 1977, 20 persons filed nomination papers from the Bayana constituency for election to the Rajasthan Legislative Assembly, all of which were found on scrutiny to be valid. Among these persons were the petitioner Mukat Behari Lal, respondent No. 1 Shiv Charan Singh respondents No 2 to 7 and also 12 others. Shri Shiv Gharan Singh (respondent No. 1), secured 16928 votes and was declared duly elected from the aforesaid constituency by the Returring Officer (respondent No. 8). Petitioner Mukat Behari Lal secured 16090 votes. The rest of the persons filing nomination papers seemed votes, the total number of which remained confined to 50423 votes.2. On July 28, 1977 the petitioner filed the present election petition under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') calling in question the election of the returned candidate and for declaration that his election be held null and void and for holdin...
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN341
Kan Singh, J.1. This is a plaintiff's second appeal arising out of a suit impugning the order for termination of the plaintiff's services on account of infringement of the statutory rule governing the conditions of service requiring the railway to make payment of the salary for the notice period where notice for termination of service was not desired to be given by the appointing authority.Western RailwayDivisional office,Jaipur,No ES/890/8 Dated 5th July, 1961Office OrderSub: Recruitment of class III Service...Shri Moti Lal Sharma is appointed substitute Lab. Asst. in scale Rs. 60-150 (P) on Rs. 60/- plus allowances as admissible on the terms and conditions laid down in this office letter No. ES/890/6 dated 13-3-61. Sd/- PresidentRly. Schools & DPO, JaipurIt will be noticed from the above that the terms and conditions that were to govern the plaintiff's appointment were those laid down in the office letter dated 13th March, 1961. That office letter has been brought on record as Ex. A ...
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN360
P.N. Shinghal, J.1. The petitioner joined the service of the former Bikaner State Railway on February 1, 1929, as clerk class II, and he was confirmed in that capacity on May 1, 1929. While he was serving on the ministerial staff of that railway, the Union of India took over the administration of the Bikaner State Railway and the petitioner was given the option to continue to serve in his scale of pay and conditions of service as in the ex-Bikaner State Railway, or to elect for the Central Pay Commission Scale of pay, hereinafter referred to as 'the C.P.C. Scale.'. He was asked to exercise his option in form Annexure 'A', on the terms and conditions mentioned in Annexure 'B'. The petitioner has stated that it was not stated in those annexures that the date of option for the C.P.C. Scale would be taken to be the date of his appointment in the service of the Union of India. The date of the birth of the petitioner was January 10, 1909 and, according to him, he was to retire on reaching th...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj96
J.P. Jain, J.1. This second appeal arises out of a suit instituted by Meghraj on 26-2-1960 in the Court of Munsif, Bikaner. for a perpetual injunction and for recovery of damages. During the pendency of the suit, Meghrai plaintiff died and his son Dulichand came on record to continue the suit. His two daughters Mst. Bhanwari and Mst, Chanwari were impleaded as defendants Nos. 6 and 7. The plaintiff has a house in Mothalla Surana in the city of Bikaner. Towards the east of the plaintiff's house, the house of the defendant Bhairondan and his three brothers is situated. All the four brothers are defendants Nos. 1 to 4. Municipal Council. Bikaner is defendant No. 5. Towards the north of the house of the plaintiff and that of the defendants is a 'gali' and is admittedly a public lane.2. The allegations of the plaintiff in the suit are that the defendants have constructed a projection at the height of 9 feet 10 inches towards the 'gali' extending to 3 feet. The projection is in the form of a...
Tag this Judgment!Court : Rajasthan
Reported in : 1972CriLJ1387; 1972()WLN231
1. A dispute between Meos on the one hand, and Faquirs and Meenas on the other of Village Bhatpura regarding allotment of land by the Government to the Meos in the town of Chhamra had its sequel in the death by gun shot of one Jumma on 21-6-1969 at about 7 p. m. in front of the house of P. W. 8 Umed. situated in the village Bhatpura. The immediate cause of the trouble was that on that day the accused Fazar ' and the Meos, deceased Jumma and P. W. 2 Bhulla. and P. W. 6 Nasru had gone to the village well for taking bath and there Bhulla's foot is said to have fallen on the soap owned by Fazar. This led to exchange of abuses between Fazar and the Meos. However, nothing untoward happened there at the well, but when the Meos while returning from the well came in front of the house of Umed, Fazar is alleged to have given a call to his friends, the accused Kishan Meena and Bhundal to come armed with guns and finish one of the Meos. The prosecution case is that in response to the call given by...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj103
ORDERR.D. Gattani, J.1. These four writ petitions under Articles 226 and 227 of the Constitution have been filed by two sets of petitioners for getting certain order of the Joint Legal Remembrancer, Government of Raiasthan, Jaipur quashed. Since the grounds raised for quashing the main order are not only common, but the same arguments have been advanced by both the parties, It shall be convenient as well as proper to decide them by one order. In order to appreciate the legal questions involved, the facts of one writ petition i. e. No. 76 of 1971 are given in details.2. The petitioners of writ petition No. 76 of 1971 are operators on Shahpura-Bijai Nagar via Gulabpura route and are plying their bus R. J. E. 462 on that route. A scheme under Section 68-C of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') was published by the General Manager, Rajasthan State Road Transport Corporation. Jaipur in the Raiasthan Raipatra dated 13-1-1966 in respect of Ajmer-Bhilwara and Aj...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj309
ORDERC.M. Lodha, J. 1. This revision application by the defendants arises out of a partition suit and raises a question regarding payment of court-fee. In order to appreciate the point it would be necessary to state a few facts: 2. The parties are the sons and daughters of Madanlal, who died on 3-8-1957. Defendants Pannalal, Dhirajkumar, Shantilal, Smt. Pushpa and Smt. Nawali are the sons and daughters of Madanlal by the second wife whereas the plaintiff Nandlal is by the first wife. Madanlal was adopted by Mohanlal, who executed a will on 12-1-1937 by which he bequeathed half of his property to Nandlal and the other half to Madanlal. After the death of Madanlal which took place on 10-2-1938. Nandlal filed the present suit for partition of that half of the property of Mohanlal which had been bequeathed to Madanlal. 3. Nandlal's suit was resisted by defendant No. 1 Pannalal. He pleaded that he had discharged the debts due from Madanlal, and had also spent the following amounts on behalf...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj269; 1972()WLN143
Lodha, J. Civil Misc. Petition No. 24 of 1972.1. The Petitioners are entitled to leave to appeal to Supreme Court from our judgment and decree dated 17-2-1972 in First Appeal No. 45 of 1970 (reported in AIR 1972 Raj 263) under Article 133(1)(a) of the Constitution, because the value of the subject-matter of the dispute in the Court of first instance and still in dispute of appeal was and is Rs. 97,500/-, that is, much more than Rs. 20,000/-, and our judgment is one of variance. A certificate will issue accordingly.Civil Misc. Petition No. 833 of 1972.2-4. This is an application by the petitioners (in Civil Misc. Petition for Leave to Appeal No. 24 of 1972) at whose instance we have granted leave to appeal to Supreme Court against our judgment dated 17-2-1972, praying that status quo regarding the property in dispute be ordered to be maintained till the decision of the appeal by the Supreme Court which may be filed in pursuance of the leave granted by us.5. The learned counsel for the p...
Tag this Judgment!Court : Rajasthan
Reported in : [1974]44CompCas144(Raj); [1974]94ITR11(Raj); 1972()WLN563
P.N. Shingal, J.1. This is an application of the official liquidator under Sections 446 and 460(4) of the Companies Act, 1956, hereinafter referred to as ' the Act ', in regard to the Golcha Properties Private Ltd , hereinafter referred to as 'the company'. The official liquidator was appointed as the provisional liquidator of the company on December 5, 1967, and an order was made for the winding up of the company on May 10, 1968, when the official liquidator became the liquidator. The Income-tax Officer issued notice, annexure ' I ', to the liquidator on August 29, 1968, notifying him under Section 178 of the Income-tax Act, 1961, that he should set aside a sum of Rs. 41 lakhs on account of the taxes payable, or likely to be payable by the company. The liquidator sent reply, annexure ' II ', requesting the Income-tax Officer to obtain the leave of this court under Section 446 of the Act as the company was under liquidation by the order dated May 10, 1968. The Income-tax Officer did no...
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN507
M.L. Joshi, J.1. This is an appeal by 11 convicted persons against the order of their conviction passed by the Sessions Judge, Bharatpur, on 23 6.70 in criminal original case No. 13 of 1969.2. In order to appreciate the controversy in this case, it will be useful to give the chart of various courts of charges against each of the accused:1. Ramkishan : Under Sections 324, 148, 302-326-323 read withSection 149 I.P.C.2. Ramkhilari : Under Sections 323, 148, 302, 324-326 read withSection 149 I.P.C.3. Laturia : Under Sections 323, 148, 302, 324-326 read withSection 149 I.P.C.4. Harisingh : Under Sections 323, 148, 302, 324-326 read withSection 149 I.P.C.5. Mangilal : Under Sections 323, 148, 302, 324-326 read withSection 149 I.P.C.6. Bora : Under Sections 323, 148, 302, 324-326 read withSection 149 I.P.C.7. Surajmal : Under Sections 323, 148, 302, 324-326 read withSection 149 I.P.C.8. Dhanpal : Under Sections 324, 148 and 302 323-326 read withSection 149 I.P.C.9. Chhitaria : Under Sections ...
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