Rajasthan Court July 1972 Judgments
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Balmukand Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-14-1972
Reported in: 1972WLN523
V.P. Tyagi, J.1. The circumstances giving rise to this writ petition are as follows Petitioner Balmukand was elected as a member of the Municipal Board, Raisinghnagar. By a notice dated 24th November, 1971 (Ex 1) the petitioner was called upon by the State Government to show cause why he should not be removed from the membership of the Board for accepting the order of the Board to do the printing job in his press and to receive payments to the extent of Rs. 333/-from the Board for completing that job Along with this notice the Government of Rajasthan also issued an order (Ex 2) suspending the petitioner from the membership of the Board. This order of suspension was issued by the Government in the exercise of its power under Section 63(4) of the Rajasthan Municipalities Act, 1959. These two orders have been challenged by the petitioner, inter alia, on the ground that unless a limit under proviso (d)(v) of Section 26 of the Act for getting the occasional payments from the Board by a memb...
Shayak Mohammad and ors. Vs. Iqbal Ahmed
Court: Rajasthan
Decided on: Jul-13-1972
Reported in: AIR1973Raj115; 1972()WLN453
ORDERJagat Narayan, C.J. 1. This is a revision application by the plaintiffs against en appellate order of the Civil Judge, Aimer, dismissing their appeal against the order of the trial Court refusing to grant temporary injunction to them to restrain Iqbal Ahmed from installing a pipe line over a 'chabutari' which they claim to belong to them. The plaintiffs and Iqbal Ahmed defendant are owners of a portion of a 'Haveli. The case of Iqbal Ahmed is that the 'chabutari' is a joint property.2. The appellate Court held that prima facie the plaintiffs were the exclusive owners of the 'Chabutari'. This finding cannot be challenged in this revision application. The appellate Court also held that the balance of convenience was in favour of not granting the injunction because the result of granting it would be to deprive Iqbal Ahmed of water. This finding is not based on the material on record. The inspection note of the learned Civil Judge dated 25-7-1970 goes to show that a pipe line can be t...
Dr. N.C. Mehta Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-12-1972
Reported in: 1972WLN661
P.N. Shinghal, J.1. The petitioner passed the M.S. (General Surgery) examination in April 1960 and entered the service of the Rajasthan State as Civil Assistant Surgeon in May 1960. He held that post on a substantive basis when he was appointed Civil Assistant Surgeon-cum-Tutor in surgery for the periods mentioned by him, and then as Lecturer in surgery from September 16, 1965 to July 30, 1967. At that time the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 were in force. He was appointed as officiating Reader in surgery in the Medical College at Bikaner, for a period of one year, by an order dated July 20, 1967. Similar appointments were given to some of the respondents. The petitioner took over charge as officiating Reader on August 1, 1967, but the Government amended that order on August 16, 1967 and made the petitioner an officiating Lecturer. He challenged that order by writ petition No. 150 of 1968 which was allowed by a learned single Judge on July 22, 1968. The petit...
Om Prakash Vs. State
Court: Rajasthan
Decided on: Jul-12-1972
Reported in: 1972WLN449
L.S. Mehta, J.1. This is a reference, submitted by Mr. S.R. Singhi, Additional Sessions Judge, Churu, recommending that the order of Civil Judge cu-Magistrate First Class, Bhatnagar, dated March 8, 1969, be quashed.2. The brief facts of this case, as alleged by the prosecution, are that Assistant Engineer, Rajasthan State Electricity Board, Sujangarh, made a complaint to the police station, Sujangarh, on December 29, 1967, that Om Prakash Sadhu Ram, Contractor, broke-open and tampered with the seal of his power-connection meter at Randishar and committed theft or electric energy. He asked the police to take cognizance of the offence under Section 39 of the Indian Electricity Act, 1910 (hereinafter referred to as the Act). On receipt of this report the police investigated the matter and put un a challan against accused Om Prakash in the court of Civil Judge cum First Class Magistrate, Ratangarh. In the course of trial Om Prakash was charged under Section 379, I PC, read with Section 39 ...
Khemchand Vs. Yaswantchand and ors.
Court: Rajasthan
Decided on: Jul-11-1972
Reported in: AIR1973Raj81; 1972()WLN439
ORDERJagat Narayan, C.J.1. This is a revision application by Khemchand, defendant No. 6, in a suit for partition of joint Hindu family property filed by Yaswant Chand, respondent No. 1. Respondents 9, 10 and 11 are the sons of defendant No. 6. Respondent No. 12 is the brother of defendant No. 6. The petitioner and his sons and respondent No. 12 filed one written statement. They admitted that the property mentioned in plaint was joint Hindu family property except one property which defendant No. 6 claimed as his personal property. These defendants did not claim partition and separate possession of their shares of the remaining property in the plaint. Their objection wag that certain joint family property was in the possession of defendant No. 5 and had not been included in the suit and consequently it was not maintainable as a suit for partial partition of joint Hindu family property did not lie. Further they claimed partition and separate Possession of this additional property. This pr...
Smt. Anandi Devi Vs. Raja Ram
Court: Rajasthan
Decided on: Jul-11-1972
Reported in: AIR1973Raj94; 1972()WLN525
Kan Singh, J. 1. This is an appeal by a wife directed against the judgment of the learned District Judge, Pali dismissing the wife's application under the Hindu Marriage Act, 1955 for restitution of conjugal rights against her husband.2. The parties belong to the Sadh (Yaishnaval community and were married according to Hindu rites in Samvat year 2013. They lived together as husband and wife for about 6 years. Thereafter when the wife had conceived she was sent to her father's house for delivery. A male child was born to her. Unfortunately the male child had died. The grievance of the wife was that after the child birth her husband Raja Ram had withdrawn from her society without a reasonable excuse and had failed to look after her. The reason assigned by the wife for this behaviour was that she was being ill-treated and the husband and his people wanted an educated wife. It was further stated in the petition that prior to the present petition a similar petition was filed in the District...
ShahabuddIn Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-11-1972
Reported in: 1973CriLJ723; 1972()WLN648
L.S. Mehta, J.1. The prosecution story, in brief, is that on November 29, 1970, Zahurddin Chippe, resident of Khinvsar, lodged a report with the police station, Bhawanda, to the effect that during the night of November 28, 1970, at about 11.30 accused Shahbuddin broke open a window of his house. He entered his house and inflicted a. 'Gupti' blow to the abdomen of his wife Mst. Hazran, Mst. Hazran raised shrieks. Which attracted neighbours as also the informant. Mst. Hazran was first, taken to Khinvsar Dispensary and then to Nagaur Hospital. On her way to Nagaur she breathed her last. On receipt of the first information report filed by Zahurddin. a case was registered against Shahbuddin under Section 302, I.P.C. The police took over investigation and after its conclusion it presented a charge-sheet to the Court of Munsiff Magistrate. Nagaur, Learned Munsiff Magistrate conducted preliminary inquiry and committed accused Shahbuddin to the Court of Sessions Judge, Merta. The accused was in...
Chhogalal Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-10-1972
Reported in: 1972WLN437
V.P. Tyagi, J.1. Petitioner Chhogala), who is a bus operator holding a permit on Jalore to Bagoda route, has filed this writ petition challenging the validity of the resolution adapted by the Municipal Board Jalore, on 28th of June, 1971, demanding as licence fee or rent Rs. 15/- per month per bus for the use of the bus stand in the town of Jalore.2. Contention of the petitioner is that bus stands are fixed by the Regional Transport Authority under Section 76 of the Motor Vehicles Act read with Rule 134 of the Rajasthan Motor Vehicles Rules, 1951, and it is only the Regional Transport Authority that can prescribe any fee to be paid by the owners of the public vehicles for the use of the place earmarked as a bus stand. According to the petitioner, the Municipal Board, Jalore, has no authority to charge either fee or rent from the bus owners for the use of the bus stand where it is incumbent for the bus owners to stop their buses under the provisions of the Motor Vehicles Act.3. A reply ...
Ayodhya Singh Vs. State
Court: Rajasthan
Decided on: Jul-06-1972
Reported in: 1973CriLJ768; 1972()WLN436
ORDERModi, J.1. This is a criminal miscellaneous application sent to this Court by Ayodhya singh through the Superintendent of Jail Jaipur. The petitioner Ayodhya singh has been made approver in criminal case State v. Sangramsingh under Sections 457 and 380, I.P.C. pending in the Court of the Sessions Judge, Jaipur. He filed an application for grant of bail before the learned Sessions Judge, Jaipur, but it, was rejected vide his order dated 28.3.1972 on the ground that the petitioner being an approver cannot be released on bail in view of the prohibition contained in Sub-section (3) of Section 337. Criminal P.C. He has now filed the present application challenging the validity of the above order passed by the learned Sessions Judge and has also made a prayer for releasing him on bail.2. Section 337(3), Criminal P.C. runs as follows:Such person unless he is already on bail, shall be detained in custody until the termination of the trial.' The word 'shall' has been used in Sub-section (3...
Budh Singh Bapna Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-05-1972
Reported in: 1973(6)WLN346
B.P. Beri, J1. This is a special appeal directed against the judgment of the learned Company Judge in the matter of Udaibhan Industries Ltd., Dholpur (in liquidation) in regard to the recovery of the dues of the State of Rajasthan by way of customs duty.2. The facts which we might notice for the disposal of this appeal are these, Between the erstwhile State of Dholpur and M/s Khemsingh and Co. an agreement was made on 30.11.1945 for starting an oil mill at Dholpur. The State granted an exemption to the proposed mill from payment of customs duty. It was, however, added that the concession was not transferable without the permission of the State. In November 1947 Shree Udaibhan Industries Ltd., was incorporated and by virtue of an agreement between this company and M/s Khem Singh & Co. the concession relating to the exemption from customs duty was transferred. It is not in dispute that this transfer had the concurrence of the State of Dholpur and Shri Udaibhan Industries Ltd. (hereinafte...
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