Rajasthan Court August 1972 Judgments
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The State Vs. Sadhu Singh and ors.
Court: Rajasthan
Decided on: Aug-17-1972
Reported in: 1972WLN677
C.M. Lodha, J. 1. All the above six appeals are directed against the Session Judge, Jhunjhunu, dated 24th March, 1969 whereby he convicted Sadhusingh under Section 397 I.P.C. and sentenced him to seven years' rigorous imprisonment. The other three accused Nathusingh, Amarsingh and Rampalsingh were convicted under Section 394 I.P.C. and sentenced to five years' rigorous imprisonment Aggrieved by their conviction and sentence, the accused have filed appeals Nos. 227 of 1969, 328 of (sic) 329 of 1970, 330 of 1970 and 331 of 1970. It may be noted that Criminal Appeal No. 227 of 1989 has been filed jointly by Amarsingh and Nathusingh through their counsel. However both these accused have also filed separate appeals through jail which are Nos. 328 and 331 of, 1970. Rampalsingh and Sadhusingh have also filed appeals through jail and their appeals are registered as Nos, 329 and 330 of 1970 respectively. The State, however, felt that the acquittal of all the accused under Section 302 I.P.C. was...
Govind NaraIn Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-17-1972
Reported in: 1973(6)WLN342
P.N. Shinghal, J.1. There were some posts of translators in the Secretariat of the Rajasthan State. Shri Chandrika Prasad Mathur, respondent No. 2, was allowed to hold one such post because of his earlier appointment as Translator on October 10, 1955, in the service of the former Ajmer State. Shyamsunder Lal Vyas, respondent No.3., and Moolchand Vyas respondent No. 4 were appointed as Translators on a temporary basis on April 15,1960. Prabhu Dayal Verma respondent No. 5, was similarly appointed as Translator on a temporary basis on March 13, 1961, while Laloo Lal Jain, respondent No. 6, was appointed as a temporary Translator on October 7, 1981. Udhav Chandra Chaturvedi, respondent No. 7, and Mohammed Yamin, respondent No. 8, were appointed as Translators on a temporary basis on April 18, 1963, and December 17, 1963, respectively. While these respondents were holding the posts of Translators as aforesaid, a competitive examination was held by the Rajasthan Public Service Commissioner i...
Rameshwarlal and ors. Vs. Rajasthan State Road Transport Corporation a ...
Court: Rajasthan
Decided on: Aug-16-1972
Reported in: 1972WLN553
P.N. Shinghal, J.1. As a common question of law arises in these four petitions under Article 226 of the Constitution, they have been heard together at the request of the learned Counsel and will be disposed of by a single judgment.2. Petitioner Rameshwarlal (in S.B. Civil Writ petition No. 70 of 1968) was an employee of the State Government as a lower Division clerk in the Rajasthan State Roadways Department. He passed the Accounts Clerk's qualifying Examination in 1964. The Rajasthan State Road Transport Corporation was constituted, and the petitioner's name appeared in the seniority list of the lower division clerks of the Corporation. He was selected for promotion as a Commercial Accounts Clerk, against a temporary post, by order Ex. 3 dated August 7, 1965, and was posted in that capacity at Udaipur. The State Government issued a notification on April 15, 1966 by which the employees were asked to exercise their option whether they wanted to continue in the service of the Corporation...
Banwari Lal and anr. Vs. Bal Kishan
Court: Rajasthan
Decided on: Aug-16-1972
Reported in: 1972WLN572
Jagat Narayan, C.J.1. These two revision applications can be conveniently disposed of by one judgement as the same questions of law arise in both of them.2. They arise out of the two suits for recovery of arrears of rent and for eviction from two shops owned by Balkishan plaintiff. The tenant of the shop in S.B. Civil Revision No. 41 of 1972 is Banwarilal and that of shop in S.B. Civil Revision No. 50 of 1972 is Nandlal. Both suits were filed on 15 11-1965. The premises are situated in Rajgarh town of Churu District. The Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Act No. XVII of 1950)(hereinafter to be referred to as the Act) was published in the Gazette on 23-12 1950. Sections 1 to 4 and 27 to 31 of the Act came into force at once all over Rajasthan. The remaining sections were not in force in Rajgarh town when the present suit was instituted. They came into force during the pendency of the present suit on 31-3-67. The first date of hearing fixed in the two suits was...
Nathu Ram Vs. State Transport Appellate Tribunal and ors.
Court: Rajasthan
Decided on: Aug-11-1972
Reported in: AIR1973Raj25
Beri, J. 1. This is on appeal directed against the Judgment of the learned single Judge who dismissed the appellant's petition under Articles 226 and 227 of the Constitution of India against the grant of a stage carriage permit to respondent Hemraj by the State Transport Appellate Tribunal, Jaipur (hereinafter called 'the S. T. A. T.') on Bikaner Salasar route. 2. To appreciate the rival contentions urged before us it will be neeessary to recount a few facts. Bikaner-Salasar via Nokha and Sujangarh is a 130-mile route in the Bikaner region. On October 9, 1958 a scope of 12 permits was fixed over the route by the Regional Transport Authority Bikaner (abbreviated as 'the R. T. A.'). The scope of 12 permits was increased to 18 by the R. T. A. on the 30th October, 1965. Sixteen vehicles were plying on the Bikaner-Salasar route when on 12-12-1967 the R. T. A. resolved to amalgamate the routes of (1) Nokha-Sojangarh, (2) Sujangar-Salasar and (3) Nokha-Bikaner with the Bikaner-Salasar route. ...
S.R. Bhansali Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-11-1972
Reported in: AIR1973Raj49; 1972()WLN495
Beri, J. 1. The appellant, who is a citizen of India, wanted to enter Gadra City -- which is included in the territory of Sind which India conquered in India-Pakistan War of December 1971 -- but he was prevented by the Military authorities. He complained by means of a petition under Article 226 of the Constitution of India that his fundamental rights under Article 19(1)(d), (e) and (f) were violated. The territory which India conquered became part of India under the Constitution urged the appellant and he had a fundamental right to freely move therein. This territory could not be ceded to Pakistan except by an amendment of the Constitution and the agreement reached between India and Pakistan on 2/3rd July, 1972 -- popularly called the Simla Agreement -- whereby it was proposed to return the territory aforesaid was ultra vires of the Constitution because the Union Cabinet or the President of the Republic of India had no power to ratify it. The learned Single Judge dismissed the petition...
Shiv Prasad and anr. Vs. Smt. Tali Devi and ors.
Court: Rajasthan
Decided on: Aug-11-1972
Reported in: AIR1973Raj159; 1972()WLN528
V.P. Tyagi, J. 1. This execution second appeal, filed by the judgment-debtors against the judgment of the District Judge, Jaipur District. Jaipur whereby the order passed toy the Civil Judge, Jaipur District. Jaipur dated 4-12-1967 was upheld, raises an important question whether the objection filed by the judgment-debtor that the property attached in the execution of the decree cannot be sold as the judgment-debtor had no saleable interest therein is covered by the provisions of Section 47, Civil P. C. or not. 2. It appears that the respondents-decree-holders obtained a decree against the appellants and in execution thereof two shops were attached and a proclamation of sale was issued by the Executing Court. The judgment-debtors raised a plea that they were not the owners of these shops and that their lease-hold rights in these two shops cannot be sold in the execution of the decree against them. The learned Civil Judge dismissed the objections of the Judgment-debtors by writing a fou...
Mst. Kamala Devi Vs. NavIn Kumar and anr.
Court: Rajasthan
Decided on: Aug-11-1972
Reported in: (1972)IILLJ585Raj; 1972()WLN541
ORDERJagat Narayan, C.J.1. This is a reference under Section 27 of the Workmen's Compensation Act, 1923, by the Workmen's Compensation Commissioner. Udaipur.2. The relevant facts are these. One Chunilal was driving passenger bus No. R. J. Y. 1397 belonging to Navin Kumar Verma along a public road when it collided with a truck. As a result of this accident Chunilal died. His widow Smt. Kamladevi and other dependants filed the present claim under the Workmen's Compensation Act, 1923, before the Workmen's Compensation Commissioner. Udaipur. Notice was issued to the insurer, namely, the New Great Insurance Company of India Limited as contemplated by Section 96 (1) of the Motor Vehicles Act, 1939. It filed a written statement in which none of the facts mentioned in the claim application was admitted. Navin Kumar filed a written statement admitting all the facts in the claim petition except Clause (ii) regarding relationship of the claimants with the deceased for want of knowledge and Clause...
Ashgar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-09-1972
Reported in: 1972WLN580
L.S. Mehta, J.1. On July 4, 1970, at about 1-30 p.m., Gulam Hussain and Mohammed Yasin (deceased) were going on a bicycle from the side of Collectorate towards Churu town. When they reached somewhere near Ratna Devi Sethia's house, shown in the site-plan Ex. P 18, in the vicinity of the city bus stand, bus No. RJP 1488, coming from Jhunjhunu, unexpectedly over took them. Its driver was Ashgar. It is alleged that he was moving the bus rashly and negligently and he took it towards the wrong side of the road. Cyclist Gulam Hussain took his bicycle towards the 'Kachcha' side of the way Despite that they were run over by the bus, The vehicle was stooped after covering some distance. Both Gulam Hussain and Mohammed Yasin, as a result of the accident died on the spot. Ashagar left the vehicle near the bus stand and made good his escape First information report of the event (Ex P. 17) was lodged by Mohammed Yasin, son of Allauddin Teli, with the police station, Churu. The police registered a c...
Partapchand Vs. Ram Swaroop and ors.
Court: Rajasthan
Decided on: Aug-08-1972
Reported in: AIR1973Raj22; 1972()WLN498
ORDERJagat Narayan, C.J. 1. This is a revision applica-tion by Partapehand, tenant of a house, owned by the respondents, against an appellate order of the Senior Civil Judge No. 2. Jaipur City, confirming an order of Munsif East. Jaipur City, on an application under Section 19-A of the Raiasthan Premises (Control of Rent and Eviction) Act, 1950. The rent of the house is Rs. 60/- per month. The respondents filed a suit for recovery of arrears of rent and for ejectment on the ground of default, which was dismissed on 25-2-1966 after the applicant had made deposit under Section 13-A up to 31-12-1965. 2. The applicant sent rent for January and February 1966 by money order to the respondents, but they did not accept it. On 6-5-1966 he filed an application under Section 19-A (3) for depositing the rent for the months of January, February. March and April 1966. This rent was deposited on 8-6-1966 on the orders of the Court. Notice was issued to the respondents who filed a reply on 3-10-1966 t...
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