Rajasthan Court July 1972 Judgments
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Ramlal Jawahirlal Vs. Smt. Leela Bai and ors.
Court: Rajasthan
Decided on: Jul-27-1972
Reported in: (1972)IILLJ598Raj
R.D. Gattani, J.1. This is an employer's appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act') and arises out of the following circumstances.2. During the relevant period deceased Shri Srikishan was a Munim of the appellant firm Ram Lal Jawahirlal at Ujjain. In the month of May, 1960 he' was sent by his employers to realise the outstandings against various firms carrying on their business in District Kota. Deceased Shri Srikishan did his work on 20th and 21st May, 1960 at village Soyat. On 22-5-1960 he went to Peedawa. After doing his work there also he in the after-noon intended to return to Soyat and for that purpose inquired from the head constable Dhan Singh about the bus for Soyat. The latter pointed him that bus Shri Srikishan boarded that bus, but before it started for Soyat, Srikishan got perspiration and had two vomitings. His condition grew serious. The head constable on seeing that condition of Srikishan called for the doctor, but h...
Aditya Mills Ltd. Vs. Ram Dayal and ors.
Court: Rajasthan
Decided on: Jul-27-1972
Reported in: (1973)ILLJ538Raj; 1972()WLN548
B.P. Beri, J.1. This is a special appeal directed against the judgment of a learned single Judge of this Court dated the 11th October, 1971 whereby he dismissed the appellant's writ petition in limine.2. The facts leading to this controversy briefly stated are these: M/s. Aditya Mills Ltd., Madanganj had served a charge-sheet on 4 workmen (respondents Nos. 1 to 4) that in the 'B' shift (2 P. M. to 10 P. M) on the 26th May, 1970 they refused to work on the winding machine and they instigated other workmen to go on strike. By their reply dated 27ih May, 1970 the workmen admitted that they went on strike but disputed the allegation that they were guilty of instigating the strike. On the 9th and 10th June, 1970 a departmental enquiry was held in which the mill examined 3 witnesses, namely, Ram Kishore Pareek (M. W. 1), Roop Singh Bhandari (M. W. 2) and Girdhar Singh (M. W. 3). On behalf of the workmen -Sabudeen (D. W. 1), Girdhari (D. W. 2), Misrilal (D. W. 3), Prithvi Singh (D. W. 4) and ...
Badri Narayan Sharma Vs. Panchayat Samiti, Dhariawad
Court: Rajasthan
Decided on: Jul-25-1972
Reported in: AIR1973Raj29; 1972()WLN445
ORDERJagat Narayan, C.J. 1. This is a revision application by the plaintiff against an order of Munsif, Kanore, setting aside an ex parte decree passed in his favour on 17-12-1970. 2. The relevant facts are these. Badri Narayan, petitioner-plaintiff, filed a suit against Panchayat Samiti, Dhariawad, valued at Rs. 2,822/- in the Court of Civil Judge, Udaipur. The pecuniary jurisdiction of Munsifs at that time extended only up to Rs. 2,000/-. Summons was duly served on the defendant, issues were framed and the evidence of the plaintiff was recorded in part on 17-4-1970 by the learned Civil Judge. Both the parties were present in his Court on that date and the case was adjourned to 6-8-1970 for completing the statement of Badri Narayan and for recording the evidence of his remaining witnesses. 3. Before 6-8-1970 the pecuniary jurisdiction of Munsif was extended to Rs. 5,000/- and this suit was accordingly transferred to the Court of Munsif, Kanore, by an order of the District Judge, Udaip...
inder Kumar Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-25-1972
Reported in: 1972WLN521
V.P. Tyagi, J.1. This writ petition filed by Inder Kumar under Article 226 of the Constitution arises out of the following circumstances.2. Petitioner was elected as a member of the Municipal Board, Nohar, in October 1970 According to the allegations made by the petitioner he belonged to the opposition camp and that the motion of no confidence had been tabled against the Chairman which was likely to be taken up for consideration of the house But before this the tenor of the petition shows that a notice was issued by the Director of Local Bodies that the petitioner absented himself in the meetings of the Board held on 13th January 1971, 24th February, 1971 and 6th March, 1971, and as such he had incurred a disqualification to continue as a member of the Board under the provisions of Section 63(1)(a) of the Rajasthan Municipalities Act, 1959 (hereinafter called the Act). The petitioner filed a reply to the notice issued to him by the Director wherein he raised two main objections viz. (1...
Jasiya Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-25-1972
Reported in: 1972WLN633
L.S. Mehta, J.1. The prosecution story, in brief, is that P W. 1 Mst. Indra Barber, after the death of her husband Mool Chand, contracted another marriage with deceased Phool Chand Balai, of Marwar Junction Mst. Indra had a daughter by her former husband. She went to Jalore to negotiate with accused Jasiya in connection with the marriage of her daughter. Jasiya lived in front of the female Hospital, Jalore. When Mst. Indra did not return home for a couple of days, Phool Chand Balai also went to Jalore. On June 12, 1969, at about '11 p.m. he reached Jasiya's shop, where he saw his wife Mst. Indra and Jasiya sitting on a 'Chabutri'. At that time the road light was on. Phool Chand told Indra as to why she had not returned home earlier. Jasiya intervened and spoke to Phool Chand that Indra's daughter's marriage had not so far been finalised and unless that was done. Indra should not leave Jalore. Phool Chand did not agree to it. This infuriated Jasiya, and he grappled with Phool Chand. He ...
State of Rajasthan Vs. Kailash Chandra JaIn and ors.
Court: Rajasthan
Decided on: Jul-21-1972
Reported in: 1972WLN533
B.P. Beri, J.1. This is a special appeal directed against the judgment of a learned Single Judge of this Court dated 23-3-68, whereby he quashed the order of transfer Ex. 1 dated 1 1 9 67.2. In the State Roadways Department of the Government of Rajasthan (hereinafter called 'the Department') Kailash Chandra Jain was appointed as a conductor on April 7, 1960. Under the Road Transport Corporation Act. 1950, Rajasthan State Roadways Corporation (hereinafter called 'the Corporation') was constituted on 1.10 64 By Notification dated November 18, 1964 employees: of the Department, including Kailash Chandra Jain, were placed at the disposal of the Corporation Clause 6 of the said Notification provided that the services of all Government employees holding whole or part-time posts in the Department shall be temporarily placed at the disposal of the Corporation on deputation for a period of three months or for such period as it may be extended from time to time by the Government on the terms and...
Ramesh Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-21-1972
Reported in: 1972WLN441
L.S. Mehta, J.1. This is a bail application, submitted on behalf of Ramesh Chand, son of Bal Mukand Agrawal, a resident of Agra. The averments in the application are that the petitioner was prosecuted by the State under Sections 468, 471, and 480, I.P.C. in the court of the Additional Sessions Judge No. 4, Jaipur City. The trial terminated in his acquittal on April 30, 1971, Another case has been pending in the court of the Additional Sessions Judge No. 2, Jaipur. In that case he has been bailed out. On April 6, 1971, when the petitioner went out of the court room, he was arrested by the police and was produced before the Railway Magistrate, Jaipur, for remand. The said Magistrate remanded him to judicial custody. The petitioner learnt in the judicial custody that a warrant had been issued on April 4, 1971, by the Presidency Magistrate, Bombay (Dadar), for execution and that the Additional District Magistrate, Jaipur, directed the jail authorities not to release the petitioner till fur...
Mohan Lal Rikhab Chand Oswal Vs. State Transport Appellate Tribunal, J ...
Court: Rajasthan
Decided on: Jul-19-1972
Reported in: AIR1973Raj52; 1972()WLN671
ORDERR.D. Gattani, J. 1. This writ petition. which seeks the quashing of the order of the State Transport Appellate Tribunal, Rajasthan Jaipur (hereinafter referred to as 'the Tribunal') dated 13-9-1971 in respect of Jodhpur Soiat City via Sardar Samand route, has arisen out of the following circumstances:-- 2. Jodhpur-Sojat City via Sardan Samand route lies in the Jodhpur Region. During the relevant Period there were two vacancies on this route. The petitioner applied to the Regional Transport Authority. Jodhpur Region. Jodhpur (hereinafter referred to as 'the R. T A.') on 22-9-1970 for the grant of a non-temporary stage carriage permit on this route. That application was duly published in the Rajasthan Rajpatra dated 24-12-1970. Respondent No. 3 Shri Narsingh also on 25-1-1971 applied for the grant of two such permits, to the same authority. His applications were published in the Rajasthan Raipatra dated 1-4-1971. Similarly the application of respondent No. 7 Shri Shiv Lal was also p...
Smt. Laxmi Devi Vs. Babu Lal
Court: Rajasthan
Decided on: Jul-19-1972
Reported in: AIR1973Raj89; 1972()WLN463
Kan Singh, J. 1. This is a wife's appeal and is directed against the judgment and decree of the learned District Judge, Jaipur District annulling her marriage under Section 12 of the Hindu Marriage Act, 1955, hereinafter to be referred as the 'Act', on the ground of wife's impotency and her consequent incapacity to consummate the marriage.2. Smt Laxmi Devi, the wife, and Babulal, the husband, were married according to Hindu rites on 17-2-1967. According to the husband, appellant Smt. Laxmi Devi had no vagina and was thus Impotent at the time of the marriage and continued to be so till the present proceedings for annulment under Section 12 of the Act were instituted on 3-7-1969. The husband relied on a certificate Ex. 1 given by one Dr. E. Peters (D. W. 3) who examined the wife on 6-1-1968 and found that the wife had no vagina. The wife resisted the application. She denied that she was impotent. According to her, she had a vagina and after the marriage she had been sleeping with her hus...
Bhaboot Mal Vs. Sens Mal
Court: Rajasthan
Decided on: Jul-14-1972
Reported in: AIR1973Raj56; 1972()WLN451
ORDERJagat Narayan, C.J. 1. This is a revision application by the defendant against a decision of Munsif. Bali, on issue No. 5 holding that he is estopped from pleading that the sale deed of the house and the rent note were ostensible, bogus and collusive. 2. The plaintiff brought the pre-sent suit against the defendant for recovery of arrears of rent and for ejectment, on the ground that the tenancy has been terminated by a valid notice. It was alleged in the plaint Chat the house in suit belongs to the plaintiff and had been purchased by him and that it was in his possession. It was also alleged that the defendant took the house on rent of Rs. 50/- per month on 2-4-1959, and executed a rent note. 3. The suit was contested by the defendant. He alleged that he was heavily indebted and in order to defraud the creditors he executed a fictitious sale deed and a fictitious rent note in favour of the plaintiff in collusion with him and that this was only done to save the property from the c...
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