Rajasthan Court September 1972 Judgments
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Harji Vs. Bansi and anr.
Court: Rajasthan
Decided on: Sep-29-1972
Reported in: 1972WLN659
Jagat Narayan, C.J.1. This is a revision application by the plaintiff against an appellate order of the District Judge, Alwar holding that the Civil Court has no jurisdiction to try the present suit for recovery of mesne profits.2. The defendants have not appeared to contest the revision application.3. I have heard the learned Counsel for the applicant and have perused the record.4. Harji plaintiff is the tenant of a holding consisting of five(sic) situated in village Patan-ka-Bas having an area of 11 Bighas 7 Biswas He was dispossessed by Bansi and Bhagirath on 21-9-48 He filed a suit in the Revenue Court and finally an order for his reinstatement was passed on 8-7-55 by the Board of Revenue. The respondents filed a writ petition in the High Court against the decision of the Board of Revenue which was admitted and a stay order, was passed preventing the plaintiff-applicant from taking possession over the plots. Their writ petition was ultimately dismissed on 27-8-56 The respondents th...
Gul Mohammed Through L.Rs. Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Sep-29-1972
Reported in: 1972WLN811
ORDERThe President is further satisfied that the retention of Shri Gul Mohammed, Stenographer, Deputy Chief Accounts Officer, (Traffic Accounts) Office, Western Railway, Ajmer, in service is prejudicial to National Security and that the said Shri Gul Mohammad ought to be removed from service.2. The President is further satisfied under Sub-clause (c) of the proviso to Clause (2) of Article 311 of the Constitution that in the interest of the security of the State, it is not expedient to hold an inquiry in the case of the said Shri Gul Mohammed.3. Accordingly, the President hereby removes the said Shri Gul Mohammed from service with effect from the 12th of September, 1967.He felt aggrieved against that order and made representation to the authorities concerned. He was however informed by memorandum Ex 10 dated May 18, 1968, that his representation had been 'considered by the President but it was not proposed to make any change in the order already passed'. He therefore filed the present w...
Shiv Dutt Sharma Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-28-1972
Reported in: 1972WLN825
L.S. Mehta, J.1. This is a revision petition filed by Shiv Dutt Sharma, challenging the order of the City Magistrate, Jaipur city, dated September 3, 1972, passed under Section 144, Cr. P.C. The petitioner is a student of S.M.S. Medical College, Jaipur. He is living in the Senior Boys' Hostel, Room No. 39, having deposited his Hostel fee from 1st July to 31st December,1972. The students of the Medical College submitted a charter of their demands to the Government for solving their unemployment problem. They also made a peaceful demonstration on August 16, 1972 outside the Rajasthan Legislative Assembly. In order to press their demand they wanted to meet the Health Minister, but when they failed to do so, they staged demonstration outside his residence in a peaceful manner for sometime, but the police force removed them. The State of Rajasthan, according to the petitioner, started unprecedented repressive measures to suppress their demand for employment. During the night intervening Sep...
Prof. Bhagwandas Bhargava Vs. Durga Prasad Rastogi
Court: Rajasthan
Decided on: Sep-27-1972
Reported in: AIR1973Raj69; 1972()WLN822
ORDERJagat Narayan, C.J.1. This is a defendant's revision application against, an order of the Additional District Judge No. 2 Jaipur City, dated 1-4-1972, transferring the present suit to his file from the file of Civil Judge Jaipur City, with the consent of the parties.2. Five suits were pending between the parties in different Courts of Jaipur when they applied to the respective courts on 31-7-1959 for the reference of the disputes in the suits to the arbitration of the same person. All these five suits including the present suit, were referred to arbitration. The present suit was then pending in the Court of Civil Judge. Jaipur City, who made the reference to arbitration. One award was given in all the five suits.3. Before the award was given by the arbitrator these suits were transferred to other courts. The suit of the highest valuation out of the five suits was suit No. 16/68 which was pending In the court of the District Judge. This suit had been transferred to the court of Add...
Purshotam Kewalia Vs. Smt. Devki
Court: Rajasthan
Decided on: Sep-26-1972
Reported in: AIR1973Raj3; 1972()WLN654
Kan Singh, J. 1. This is a husband's appeal directed against the judgment of the learned District Judge, Bikaner dated 25-2-1970 whereby the learned Judge dis-missed the husband's application under Section 10 of the Hindu Marriage Act, 1955, hereinafter to be referred as the 'Act', for judicial separation and while dismissing the application the learned Judge awarded an amount of Rs. 40/- per month as permanent maintenance to the wife under Section 25 of the Act.2. The appellant Purshotam Kewalia and Smt. Devki respondent were married according to Hindu rites in July, 1937. At that tune they were both children, while the husband was 15, the wife was 10 years of age. According to the husband, the wife started living with the husband's parents at Jaisalmer and at that time the husband's relatives came to know that the wife was mentally deranged and was of violent nature. Then the wife had left her in-laws some two or three days thereafter without informing anyone and for no cause. The wi...
Smt. Devki Vs. Purshotam Kewalia
Court: Rajasthan
Decided on: Sep-26-1972
Reported in: AIR1973Raj2; 1972()WLN750
Kan Singh, J. 1. This is an appeal by a wife directed against an order of the learned District Judge, Bikaner dated 12-8-1969 whereby the learned Judgereduced the amount of interim maintenance granted to the wife under Section 24 of the Hindu Marriage Act. 1955, hereinafter to be referred as the 'Act', from Rs. 70/- per month to Rs. 40/- per month.2. Shri Purshotam Kewalia, the husband of the appellant had applied for judicial separation against the appellant wife under Section 10 of the Act. On the wife's application under Section 24 of the Act the learned Judge allowed Rs. 70/-per month as interim maintenance to the wife on 30-9-1967. Subsequently on the husband's application the learned Judge reduced the amount of interim maintenance to Rs. 40/- per month only by the order under appeal.3. A twofold contention is advanced by learned counsel for the ap-pellant in assailing the order of the learned District Judge. In the first place, it is submitted that once an order of interim mainte...
State of Rajasthan and ors. Vs. Ramdhan
Court: Rajasthan
Decided on: Sep-26-1972
Reported in: AIR1973Raj71; 1972()WLN839
Beri, J.1. These 268 special appeals indicated in the Annexure I to this judgment preferred by the State of Rajasthan against the judgments of the learned single Judge, of different dates though of identical contents, whereby he allowed 268 petitions under Article 226 of the Constitution of India holding that the Rajas-than Colonisation (Rajasthan Canal Project Government Land Allotment and Sale) Rules 1967 (hereinafter called 'the Rajasthan Canal Rules) were void being inconsistent with Article 14 of the Constitution of India. The learned single Judge further directed that the State should frame the Rajasthan Canal Rules in the light of the observations contained in his judgment.2. Landless tenants who were in occupation of lands in the Rajasthan Canal Project Area were holding the lands on temporary basis and they challenged the validity of many of the Rajas-than Canal Rules but at the time of arguments confined their attack to Rules 9, 16 and 19 only. The learned single Judge found ...
Pratap Narayan Vs. the State of Raj. and ors.
Court: Rajasthan
Decided on: Sep-26-1972
Reported in: 1972WLN814
V.P. Tyagi, J.1. Petitioner Pratap Narayan in this writ petition filed under Article 226 of the Constitution has prayed that the notification published on 26th April 1972, notifying the rate of tax under Section 4 of the Rajasthan Motor Vehicles Taxation Act of 1951 be quashed.2. The case of the petitioner is that he is holding a non-temporary stage carriage permit for a bus 7320 running on Jaipur to Andhi Gola-Ka-Bas route and be is paying tax on the said vehicle in accordance with the provisions of the Rajasthan Motor Vehicles Taxation Act No. 11 of 1951(hereinafter called the Act). According to his averment, he bad paid the latest quarterly instalment for the period ending the month of June, 1972 His grievance is that when he went to deposit the amount of tax for the next quarter, the Taxation Officer, Jaipur Region, Jaipur asked the petitioner to pay the tax in accordance with the rates fixed by the State Government by issuing a notification in the Rajasthan Gazette dated 26th of A...
Sahib Zada Adbul Bais Khan Vs. Budh Singh Bapna
Court: Rajasthan
Decided on: Sep-25-1972
Reported in: AIR1973Raj201; 1972()WLN908
Beri, J.1. On the basis of a promissory note dated 6-6-1963 Seth Budh Singh Bapna instituted a suit against Sahibzada Abdul Bais Khan of Tonk. During the pendency of the suit on 30-5-64 the plaintiff moved two applications. One was for attaching before judgment the Khandan allowance payable to the defendant and the other was to restrain the defendant from receiving the said allowance from the Collector. Tonk. and the Collector from disbursing it. The learned Civil Judge passed an ex parte order restraining the defendant from receiving and the Collector from disbursing the amount to the extent of Rs. 60,000/-. Let us recall the exact words of the restraint order because its disobedience is an important question for decision.^^cuke %&lkgc; tknk vCnqyjfgl [kka oYn vCnqYyk [kka lkfdu VkSad A gjxk fd oknh dh vkSj ls nj[okLr o gYQ&ukekis;'k gqvk gS fd vkius rU[kkg dh jde djhc 60]000 :i;k dysDVjh o Vstjh VkSadls olwy dj jgs gks vr% vkidh bl gqDe ls enukbZ vkjth }kjk ikcUn fd;k tkrk gS fdvki o...
Radhey Shyam Vs. Vijai Singh, District Magistrate and ors.
Court: Rajasthan
Decided on: Sep-22-1972
Reported in: 1972WLN772
V.P. Tyagi, J.1. Petitioner Radhey Shyam has filed this writ petition under Article 226 of the Constitution to challenge the vote of non-confidence passed by the Municipal Council of Shri Ganganagar on 18th of September, 1971, against the petitioner who was holding the office of the Vice-Chairman of the said Council.2. The petitioner was the elected Vice-Chairman of the Municipal Council, Sri Ganganagar which was constituted after general elections held in, the month of October, 1970. It is alleged that there were two rival groups in the said Council, one backed by the party in power and the other by Shri Sugan Chand respondent No. 20 who had held the office of the Chairman just before the present Board was constituted. A motion of non-confidence was sponsored by a group opposing the petitioner's group and a notice thereof was given to the Collector. It is said that notice contained the signatures of 17 persons, namely, non-petitioners Nos. 4 to 20. The Collector, Sri Ganganagar, in co...
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