Rajasthan Court April 1972 Judgments
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State of Rajasthan Vs. Manna Lall
Court: Rajasthan
Decided on: Apr-28-1972
Reported in: AIR1972Raj257; 1972()WLN327
Kan Singh, J.1. This is an appeal by the State and is directed against the judgment and decree of the learned Additional District Judge, Jhalawar dated 22-8-68 awarding a sum of Rs. 3565/- to the plaintiff respondent.2. The plaintiff respondent filed the suit on 2n3-65 alleging that on 12-7-61 the plaintiff had been given the contract of cutting grajss in the Piplaj forest, Tehsil Khanpur, for an area of 484 acres for the year 1961-62 for an amount of Rs. 2901/-. The one-fourth amount was paid by the plaintiff as earnest money and the remaining amount was paid by him in instalments. The grievance of the plaintiff was that even though an area of 484 acres was given to him, possession was handed over to him only in respect of an area of 400 acres. The plaintiff further averred that there was some delay in depositing the due instalments and for this reason the District Forest Officer had cancelled the contract on 15-2-62. Further 600 stacks of grass which had been cut by the plaintiff wer...
Ganpat Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-27-1972
Reported in: 1972WLN407
L.S. Mehta, J.1. The prosecution story, in brief, is that accused Ganpat Singh was a teacher in the Secondary School, Merta Road P.W. 7 Mst. Kamla was studying in Class X. Both Ganpat Singh and Mst. Kamla developed infatuation for each other. The prosecution story is that accused Ganpat Singh made a plan to kidnap Mst. Kamla with intent that she might be compelled to marry him against her will or in order that she would be forced or reduced to illicit intercourse. On February 22.1967, the accused persuaded Mst. Kamla to reach the Railway Station, Merta Road, before Jodhpur-Jaipur train time. She accordingly went to the Railway Station. The accused also arrived there along with his luggage, lifted by P.W.I 1 Ramjiwan. Accused Ganpat Singh then brought tickets from the booking window. Both of them sat together in one compartment. Next day morning they reached Jaipur Station. Soon after they left Jaipur for Kota. In Kota they first stayed in Payal hotel, in room No. 2, on February 23, 196...
Smt. Kaushaliya Vs. Lal Chand
Court: Rajasthan
Decided on: Apr-26-1972
Reported in: AIR1972Raj253
Kan Singh, J. 1. This is a wife's appeal against the judgment of the learned District Judge, Ajmer dated 14-5-70 dismissing her application for restitution of conjugal rights against her husband under Section 9(1) of the Hindu Marriage Act, 1955, hereinafter to be referred as the 'Act'. 2. The wife averred that she was married to the husband at Nasirabad on 4-12-61 according to Hindu rites. After the marriage the couple lived happily till October, 1967. The wife proceeded to say that her husband had turned her out of the matrimonial home after giving her a severe beating, According to her, the husband was in desertion without any reasonable excuse. The respondent-husband traversed the averments in the wife's petition. He stated that it was the wife who had deserted him and she was beingkept back at Nasirabad by her parents and had not come to him even though he had gone to fetch her. The learned DistrictJudge framed one issue namely, whether the respondent had withdrawn from the societ...
Smt. Gheesi Vs. Shri Rama
Court: Rajasthan
Decided on: Apr-26-1972
Reported in: AIR1972Raj256; 1972()WLN315
ORDERKan Singh, J. 1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as the 'Act', by one Smt. Gheesi against an order of the learned District Judge, Ajmer dated 14-11-69 passed under Section 26 of the Act disallowing the appellant's application for restoration of the custody of her minor son. 2. Smt. Gheesi and the respondent Shri Rama were married according to Hindu rites on the Akhateej of the year 1962. The couple appears to have lived peacefully till January, 1967. A son was born to them and he was two years old on the date of the presentation of an application under Section 10 of the Act by Shri Rama against Smt. Gheesi for judicial separation. After sometime trouble arose between the spouses and on 11-5-69 Smt, Gheesi had to leave the husband's house at Pushkar and started living with her parents at Ajmer. She averred that as she was turned out, she could not bring the child with her. During the pendency of the application for judi...
R.P. Reddy Vs. Chand Mohd. and ors.
Court: Rajasthan
Decided on: Apr-26-1972
Reported in: 1973CriLJ1082; 1972()WLN637
ORDERB.P. Beri, J.1. This is a revisional application directed against the order of the learned Sessions Judge, Bhilwara, dated 5th April, 1971 upholding the order of the Mun-sif Magistrate, Bhilwara dated 6th April, 1970.2. The State launched a prosecution against Chand Mohd. and his son Sultan Mohd. under Section 420, I.P.C. and Section 79 of the Trade and Merchandise Marks Act, 1958 on the allegation that in village Pur, Sultan Mohd. manufactured counterfeit Bidies and labels of Bull Dog No. 7 which is a registered trade mark of M/s. Pyar-chand Kesharimal of Kamptee (Maharashtra) and Chand Mohd. cheated Shankardas by selling spurious Bidies on 15th February, 1966. After the perusal of papers and hearing the arguments the learned Magistrate framed a charge under Section 420, I.P.C. and Section 79 of the Trade and Merchandise Marks Act against Sultan Mohd. and under Section 420, I.P.C. against Chand Mohd. On 7th March, 1967 and on later dates he examined in all seven prosecution witne...
Maluram Hemraj Vs. Arjun Singh and ors.
Court: Rajasthan
Decided on: Apr-25-1972
Reported in: AIR1972Raj311; 1972()WLN419
ORDERR.D. Gattani, J.1. The petitioner Maluram was allotted 15 Bighas of agricultural land by the Colonisation Department, Government of Rajasthan. According to him on 15-5-1964 he executed a general power of attorney in favour of respondent Arjun Singh who without his power on 10-1-1967 executed a sale-deed in respect of the agricultural land allotted to the petitioner in favour of the sons of respondent No. 1, and even the sale price i. e. Rs. 23,500/- mentioned in the sale deed was not given to the petitioner. According to the petitioner the market price of the disputed land at the time of the filing of the suit was Rs. 45,000/-. The petitioner, therefore, brought a suit in forma pauperis in the Court of Addl. District Judge, Sri Ganganagar on 10-1-1970for the cancellation of the sale-deed and possession of the land in dispute; in the alternative for the payment of Rupees 45,000/- to him from the defendants.2. The application of the petitioner for permission to sue in forma pauperis...
Smt. Pushpa Devi Vs. Radhey Shyam
Court: Rajasthan
Decided on: Apr-25-1972
Reported in: AIR1972Raj260; 1972()WLN305
Kan Singh, J. 1. This is a wife's appeal under Section 28 of the Hindu Marriage Act, 1955, hereinafter to be referred to as the 'Act', directed against the judgment and decree of the learned Additional District Judge, Dholpur dated 30-8-69 dissolving the marriage between the spouses by divorce on the ground of adultery.2. Shri Radhey Shyam and Smt, Pushpa Devi were married in July, 1961 according to the Hindu rites. A female child who was 3 years old on the date of the petition under Section 13(1) of the Act was born of the union. On 19-11-66, the husband Radhey Shyam made the petition in the court of the District Judge, Bharatpur. It was alleged therein that for the last 21/2 years Smt. Pushpa Devi had left the husband and had developed adulterous relationship with respondent No. 2 Hukam Singh. They were helped in this by the mother of the wife. The wifewas a teacher in a school and was living at Dholpur. It was further averred in the petition that the husband tried his best to persua...
Seeta Ram Vs. Smt. Phooli
Court: Rajasthan
Decided on: Apr-25-1972
Reported in: AIR1972Raj313; 1972()WLN390
Kan Singh, J.1. This is an appeal under Section 28 of the Hindu Marriage Act. 1955, hereinafter to be referred as the 'Act', against an order of the learned District Judge, Merta, awarding maintenance to the wife under Section 25 of the Act at the scale of Rs. 60/- per month consequent to the award of a decree of restitution of conjugal rights under Section 9 of the Act in favour of the wife.2. Smt. Phooli applied before the Court of the learned District Judge, Merta for restitution of conjugal rights against her husband and on 10-5-1967 the learned District Judge awarded a decree of restitution of conjugal rights in favour of the wife. It is Ex. 1 on record. No appeal was filed against that decree. Thereafter the wife made an application under Section 25 of the Act for fixing permanent alimony. She claimed Rupees 200/- p. m. The application was resisted by the husband. He admitted that a decree was given in favour of the wife for restitution of conjugal rights, but he pleaded that tho...
Smt. Bhanwari Bai Vs. Bheroon Lal
Court: Rajasthan
Decided on: Apr-25-1972
Reported in: 1973CriLJ804; 1972()WLN373
ORDERB.P. Beri, J.1. Mst. Bhanwari Bai instituted en application under Section 488 of the Code of Criminal Procedure against her husband Bheroon Lal craving for maintenance allowance on the ground that he neglected to maintain her despite his ability to do so and had married again; This was resisted by her husband and the City Magistrate. Bhilwara. allowed the application and fixed the allowance at the rate of Rs. 45/- per month. Dissatisfied the husband preferred a revision before the Court of Sessions Judge. Bhilwara and prayed that the order of the City Magistrate be quashed. The wife also preferred a revision application praying that the maintenance allowance awarded toy the City Magistrate be enhanced. The learned Sessions Judge dismissed the petition filed by Smt. Bhanwari Bai and allowed that of the husband on the condition that the wife should live with her husband and in that case the husband shall have to maintain her according to his status and financial position Paving for ...
The State of Rajasthan Vs. Dhanna Lal
Court: Rajasthan
Decided on: Apr-25-1972
Reported in: 1980WLN(UC)157
S.N. Deedwania, J.1. The State of Rajasthan has preferred this appeal against the judgment dated March 28, 1972, of the learned Sessions Judge, Bhilwara, by which respondent Dhannalal was acquitted of the offence punishable under Sections 302 and 201, of the Indian Penal Code.2. The case according to the prosecution was this. Respondent Dhannalal was on visiting terms terms with Harskial deceased. Dhannalal wanted to borrow a sum of Rs. 3,000/- from Haraklal by mortgaging his land. On 29.5.71, Haraklal left his home at 10. a.m., with respondent Dhannalal. Haraklal had Rs. 3,000/- with him, and he was wearing khakhi pants, chocolate colour bush-shirt, silver ring in finger of one band and a copper ring in a finger of another hard. He was also having watch with him He wore an underwear with stripes. Haraklal never returned to his home. His wife Kante made search of him. On 1.6.71, she went to Bhilwara Haraklal was employed as peon in Tehsil. She was informed at Bhilwara that Haraklal bed...
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