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Rajasthan Court March 1972 Judgments

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Mar 16 1972

Mohan Lal Chittora Vs. Labour Enforcement Officer (Central) and ors.

Court: Rajasthan

Decided on: Mar-16-1972

Reported in: (1972)IILLJ482Raj; 1972()WLN171

V.P. Tyagi, J.1. These writ petitions are directed against the judgment of the District Judge, Bhilwara, dated 9th of November, 1970, whereby the appeal filed by the employer was dismissed and the order of the Payment of Wages Authority was upheld and the employer was directed to pay by way of compensation to those employees, the payment of whose wages was delayed, at the rate of Rs. 7 for those who were drawing more than Rs. 50 per month and Rs. 3 who were drawing less than Rs. 50 per month as wages.2. Since common question of law is involved in both these petitions. I propose to dispose them of by one judgment.3. The finding of the Payment of Wages Authority, Bhilwara, that the petitioner paid the wages to his employees late is not disputed. The complaint filed under Section 15(2) of the Payment of Wages Act was, however, contested by the employer on two grounds, namely, (1) that the wages had been paid before the reply was filed by the employer before the Payment of Wages Authority,...


Mar 16 1972

Shyam Singh Vs. the State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-16-1972

Reported in: 1973CriLJ441; 1972()WLN165

ORDERL.S. Mehta, J.1. This is a reference submitted by Additional Sessions Judge No. 3, Jaipur City, recommending that the order of Mr. Tara Prakash Joshi City Magistrate, Jaipur City, declaring the possession over the disputed property in favour of Ravi Shanker and Smt. Kamla, non-applicants Nos. 2 and 3 on the date of the preliminary order, be quashed.2. Briefly stated, the facts of the case are that a report under Section 145, Criminal Procedure Code was made in the court of City Magistrate Jaipur City on July 26, 1969 by the police that Shyam Singh on the one side and Ravi Shanker and Mst. Kamala on the other were asserting their respective claims over the possession of certain portion of the temple situate at Khara Kua Jaipur City. It was further reported that there was likelihood at breach of the peace and, therefore, the property should be attached and the parties should be bound over to keep the peace and be of good behaviour. On receiving that report, the City Magistrate issue...


Mar 16 1972

Union of India (Uoi) and anr. Vs. M.M. Datta and anr.

Court: Rajasthan

Decided on: Mar-16-1972

Reported in: 1972WLN259

Kan Singh, J.1. I have before me the two appeals arising out of the judgment and decree of the learned Senior Civil Judge, Ajmer, in a suit filed by Shri M.M. Datta against the Union of India for a declaration: (a) that the plaintiff on his absorption on the Western Railway was entitled in a substantive capacity to a basic salary of Rs. 230/- per month in the pre 1931 time scale of Rs. 185 15-350 plus Rs. 4/8/- as interim relief along with other admissible allowances and to fixation of his seniority and benefits of future promotion and calculation of retirement dues and pension accordingly in the old scales on the basis of his NWR selection Board Selection; (b) a consequential relief in the form of a money decree for the amount that may be found due after taking accounts to have been paid short to the plaintiff in salary, pension and other retirement dues with interest at the rate of 6% from the date of the suit; and (c) a decree for Rs. 2592.25 paise said to have been illegally deduct...


Mar 14 1972

ishwar Singh and ors. Vs. State of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-14-1972

Reported in: 1973CriLJ811; 1972()WLN269

C.M. Lodha, J.1. Motti the above appeals are directed against the judgment of the Additional Sessions Judge. Merta dated 29.5.1971 by which the learned Judge convicted the accused Ishwar Singh. Kalyansingh. Prabhu. Arjun and Mewa Ram of the following offences and sentenced them to various terms of imprisonment as mentioned against each offence:1. Under Section 302 read with 149. I.P.C. --- Sentenced to life imprisonment and a fine of Rs. 100/-; in default of payment of fine two months' rigorous imprisonment.2. Under Section 325 read with- 149. I.P.C. -- Sentenced to three years' rigorous imprisonment and a fine of Rs. 100/-; in default of payment of fine two months' rigorous imprisonment. 3. Under Section 322 read with 149. I.P.C. --- Sentenced to one year's rigorous imprisonment.4. Under Section 447. I.P.C. --- Sentenced to three months' rigorous imprisonment.5. Under Section 147. I. P. C. --- Sentenced to two years' rigorous imprisonment.All the substantive sentences have been ordere...


Mar 14 1972

The Regional Director, Employees State Insurance Corporation Vs. the A ...

Court: Rajasthan

Decided on: Mar-14-1972

Reported in: 1972WLN215

Kan Singh, J.1. This is an appeal under Section 82(2) of the Employees' Insurance Act, 1948, hereinafter to be referred as the 'Act', longed by the Regional Director on behalf of the Employees State Insurance Corporation, hereinafter to be referred as the 'Corporation', and is directed against the order of the Employees Insurance Court (Civil Judge), Ganganagar, dismissing an application made by the Corporation under Section 75(2) of the Act for the recovery of employees' contribution from the respondents in respect of the employees of the Water Works maintained by the Municipal Council of Ganganagar at Ganganagar.2. The Corporation averred that the Water Works maintained by the Municipal Council, Sri Ganganagar, was a factory as defined in Sub-section 12 of Section 2 of the Act and consequently the Municipal Council as employer was liable to pay contribution as required by Section 40(1) of the Act at the rates provided under Section 39 read with Schedule I of the Act to the Corporatio...


Mar 13 1972

State of Rajasthan Vs. Radheylal SarIn and anr.

Court: Rajasthan

Decided on: Mar-13-1972

Reported in: AIR1972Raj279; 1972()WLN204

Kan Singh, J. 1. This is an appeal by the State and is directed against the judgment and decree of the learned Senior Civil Judge, Dholpur dated 31-1-68 declaring the property in suit to be that of the plaintiff-respondent Radheylal and restraining the State from interfering with his possession.2. The subject-matter of the suit was an old building called a 'Kothi' in Bagh Bhaba Sahiba at Dholpur. According to the plaintiff, the 'Kothi' which was situated in the centre of the Bagh or Garden had attached to it one motor garage and Chowkidars' quarters towards its west. The plaintiff's case was that the disputed building namely, the 'Kothi' including a garden compound and the other appurtenant buildings originally belonged to Bhaba Sahiba, the wife of one Kanwar Pohop Singhji, the pre-deceased son of a former ruler of the ex-Dholpur State His Highness Maharaja Rana Kirat Singhii. This 'Kothi' had, according to the plaintiff, by a custom of devolution devolved on the Maharanis of Dholpur o...


Mar 13 1972

His Highness Maharaja of Jaipur Vs. State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-13-1972

Reported in: 1972WLN186

L.N. Chhangani, Ag. C.J.1. This is an appeal by His Highness the Maharaja of Jaipur Museum Trust, City Palace, Jaipur against the judgment and order of a learned single Judge of this Court dated 13-9-69 dismissing the appellant's writ application with costs.2. The material and relevant facts are these. The former Ruler of Jaipur, by a registered deed created a trust on the 16th April, 1959 and founded a museum in a portion of the City Place, Jaipur, for the benefit of the public The said trust was declared as a public charitable trust in respect of the said museum and one of the its ex-officio trustees is the Vice-Chancellor of the Rajasthan University. His Highness the Maharaja had a vast and valuable collection of various articles of historical, scientific, literary and archaeological interest and importance which came to his possession from several (sic) generations, He relinquished all his right, title and interest over the property and handed them over to be placed in the museum f...


Mar 10 1972

R.K. Aneja Vs. the State of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-10-1972

Reported in: AIR1973Raj111; 1972()WLN192

ORDERV.P. Tyagi, J. 1. This writ petition of R. K. Aneja arises out of the following circumstances:2. By publishing an advertisement dated 26th of December. 1971. in the Raiasthan Gazette and various other papers it was announced by the respondents Nos. 1 and 2 that the waters of Morel bund, including the Morel river shall be auctioned for giving a contract for fishing under the provisions of the Raiasthan Fisheries Act. 1953. The auction took place at Jaipur on 20th of January, 1972, and the petitioner along with respondent No. 4 who happens to be the partner of the petitioner, were the highest bidders at the auction and their bid was for Rs. 1,02,100/-. According to the averments made in the petition, the highest bid of the petitioner was accepted by the auction committee to which the Director of Animal Husbandry was a member. The period for which this contract of fishing was given by means of the said auction was very short and It was to end on the 30th of June. 1972. It is also ave...


Mar 10 1972

Hasan Ali and ors. Vs. Laxmichand

Court: Rajasthan

Decided on: Mar-10-1972

Reported in: AIR1972Raj230; 1972()WLN198

J.P. Jain, J.1. This is a second appeal by the defendants-mortgagees against the appellate judgment and decree dated 13-8-1965 Dassed by the District Judge. Udaipur in a suit for redemption.2. The suit property is situated in village Avad; Tehsil Girwa District Udaipur and bears Municipal number 10/892. Laxmichand. plaintiff, the owner of the suit house, mortgaged this property with possession on 29-9-1937 with Hasan Ali. defendant No. 1 and Nazar AH. father of defendants Nos. 2 to 6 for Rs. 2500/-. The period of mortgage was stated to be eleven years in the mortgage deed. The mortgagor asked the defendants to take the mortgage amount and leave the property but they did not do it and as such, he instituted a suit for redemption on 21-8-1963 in the court of Civil Judge. Udaipur. The defendants admitted the mortgage and also the mortsase money. But it was pleaded that the Dlaintiff had borrowed more money which came to Rs. 2354/10/9 and by a Khata executed by him on 23-10-1941 it was agr...


Mar 10 1972

Radha Kishan Vs. State

Court: Rajasthan

Decided on: Mar-10-1972

Reported in: 1973CriLJ481; 1972()WLN309

L.S. Mehta, J.1. The prosecution, story, in brief, is that somewhere in January 1970, one Sohan save Rs. 110/- to P.W. 10 Moju to be handed over to Mahadeo towards part payment of his debt of Rs. 400/-. Moju went to Mahadeo's house, but he could, not be found there. When Moju was returning home via Rampal's house, Radha Kishan and Rathoria (Rama Avtar) met him at about 8 P.M. Radha Kishan told Moju as to why he was flashing torch light. Moju denied to have done so. Soon after Rathoria caught hold of Moju. Radha Kishan took out his dagger and inflicted certain blows therewith to Moju 4 or 5 dagger blows were inflicted on his head. Moju attempted to take to his heels to save himself. He first tried to enter a Brahmin's house in the vicinity. Both Radha Kishan and Rathoria pursued him. They caught hold of him and dragged him. Radha Kishan wanted to inflict a dagger blow on his chest. But the same was averted as Moju had placed his hands thereon. The dagger blows fell on his hands. Moju ra...


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