Rajasthan Court November 1973 Judgments
Pukh Raj Vs. Ghewar Chand
Court: Rajasthan
Decided on: Nov-29-1973
Reported in: AIR1974Raj183; 1973()WLN836
ORDERR.D. Gattani, J. 1. This a revision against the order of Munsiff, Jalore, dated 4-1-1971, whereby he disallowed the petitioner's application under Order 21, Rule 95, Civil Procedure Code.2. The litigation between the parties has no doubt a very chequered historystarting as long back as the year 1955 but for the purposes of this revision suffice it to say that the petitioner obtained a decree on 9-5-1955 for arrears of rent, possession of the rented property which had been mortgaged with the petitioner and taken back on rent and for future rent as well. In execution of that decree another house of the judgment-debtor was got attached and put to sale. The sale of the house in favour of the decree-holder-petitioner was confirmed on 12-7-1965 and a sale certificate in his favour was also issued by the executing Court on 16-7-1965. In between the passing of the decree and the issue of sale certificate several litigations between the parties took place in connection with that decree but...
Tag this Judgment!Heera Vs. Mst. Jamna and ors.
Court: Rajasthan
Decided on: Nov-28-1973
Reported in: 1973(6)WLN877
C.M. Lodha, J.1. One Bhoora Ram an employee of Northern Railway died at village Baori, District Jodhpur on 16-5-1957, There was an amount of Rs. 2000/- lying on account of Provident Fund and Gratuity to his credit with tne Railway and the dispute in the present case relates as to the right of the rival claimants to withdraw that amount. It is beyond dispute that by Ex.2, dated 4-11-1951 Bhoora Ram made a nomination in favour of Smt. Jamna, his alleged second wife, in respect of this amount but subsequently he cancelled it and made a fresh nomanation in favour of his son Heera Ram by the first wife Smt. Sari by notice Ex 1, which reached the District Controller of Stores on 21-5-1957 i.e. 5 days after the death of Bhoora Ram. The Railway entertained doubt regarding validity of the subsequent nomination in favour of Heera Ram However, to add to the difficulty of Smt. Jamna, Heera Ram also obtained a succession certificate in his favour in respect of the property left by Bhoora Ram. Smt. ...
Tag this Judgment!Divisional Personnel Officer, Northern Railway Vs. Ramchandra
Court: Rajasthan
Decided on: Nov-26-1973
Reported in: 1973(6)WLN892
C.M. Lodha, J.1. The nonpetitioner Ram Chandra was a Guard in the authorised scale Rs. 130/-225/- and his salary was Rs. 150/- per month plus Dearness Allowance. He had a snake bite as a result of which he was incapacitated from performing the running duty of a Guard. On his own request he was absorbed as a Ticket Collector in the grade: Rs. 110, 180 on the maximum salary of Rs. 180/- per month and was posted at Ratangarh. On 25-8-1964 he made an application under Sub-section (2) of Section 15 of the Payment of Wages Act, 1936 (which will hereinafter be referred to as 'the Act') in the Court of Sub-divisional Magistrate, Ratangarh, appointed as Authority under the Act claiming Rs. 2554.40 np. on account of deduction from his wages for the period commencing from 27-6-1960 to 2-8-1964 and also for compensation amounting to Rs. 25,544/ being 10 times of the amount claimed. His case was that as a guard he was d awing 40% of his pay on account of running duties which came to Rs. 63. 20 pais...
Tag this Judgment!Ramswaroop Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-23-1973
Reported in: 1973(6)WLN881
S.N. Modi, J.1. This is an application for review by Ram Swaroop of an order dated 21-1-70 passed by a Bench consisting of Hon'ble Jaget Narayan, Chief Justice and myself As Hon'ble Jagat Narayan latter on retired and ceased to be attached to this Court, the application for review is placed before me for disposal.2. I sitting singly have jurisdiction to pass order on this review application in view of the express wordings of Order 47, Rule 5 C.P.C and the decision of this Court in Maji Mohan Kanwar and Ors. v. The State of Rajasthan and Anr. . Order 47, Rule 5 C.P.C runs as follows:Where the Judge or Judges, or any one of the Judges, who passed the decree or made the order, a review of which is applied for, continues or continue attached to the Court at the time when the application for a review, is presented, and is not or are not precluded by absence of other cause for a period of six months next after the application from considering the decree or order to which the application refe...
Tag this Judgment!State of Rajasthan Vs. Rama and ors.
Court: Rajasthan
Decided on: Nov-22-1973
Reported in: 1973(6)WLN934
B.P. Beri, C.J.1. This is appeal directed against the judgment of the learned Sessions Judge. Ajmer, dated February 8, 1973, 'Whereby he acquitted Rama Kanwar Singh and Bhopa for offences under Section 380 and 457 of the Indian Penal Code.2. Pushkar is a small town situate 7 miles away on the west of Ajmer and is an important Hindu pilgrimage. One of the biggest temples at Pushkar is Rama Baikunth Mandir also called Rangji ka-Mandir (hereinafter called 'the Mandir'. The prosecution case is that in the night in between the 26th and 27th January, 1971 a sensational burglary took place in the Mandir in which ornaments and jewellery of the value of about Rs. 4,00,000/- were stolen, It appears from the site plan of the temple that its lay out resembles a fortress having two independent ramparts with considerable space in between The temple is located in the inner rampart. The main gate of the 'Mandir' opens on the west abutting the road. There is also a gate on the northern side of the oute...
Tag this Judgment!Hari Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-20-1973
Reported in: 1973(6)WLN846
B.P. Beri, C.J.1. This is a petition under Section 491 of the Code of Criminal Procedure and Article 226 of the Constitution of India praying for a writ, order or direction for the release of HariRam Loharia (hereinafter called 'the detenu') detatined under Section 3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971 (hereinafter called 'the Security Act') by the order of the District Magistrate, Sikar (hereinafter called 'the D.M ') dated 25-9-1973.2. On a report by the Assistant District Supply Officer to the Sadar Police Station, Sikar, dated 7-9-73 a search was made of the premises of Jagdamba Oil and Dal Mills, Sikar, and the Inspector found 2808 bags of cement while the stock register showed a balance of 2689 bags only. The excess of 119 bags according to the police was due to the admixture of sand in cement bags and in a garage some labourers were engaged in the process of adulteration and they made statements to this effect. A case under Section 420 IPC and Essential ...
Tag this Judgment!Chandi Ram Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Nov-19-1973
Reported in: 1973(6)WLN853
C.M. Lodha, J.1. This is a second appeal by the plaintiff who has lost his case in both the lower courts. He was employed as a clerk on the North-Western Railway on 22nd Sept., 1925 He gave his date of birth at the time of his appointment as 3rd March, 1901 On the formation of Pakistan the plaintiff was absorbed in the then B.B & C.I Railway (succeeded by the Western Railway) and on 26th November, 1947, while furnishing the necessary particulars regarding his service he gave out his date of birth as 20th July, 1904 instead of 3rd March, 1901, though it is the common case of the parties that the latter is the correct date of his birth. According to the correct date of birth, i e., 3rd March, 1901, the plaintiff attained the Superannuation age, i e. 55 years on 3rd March, 1956 but on the basis of the date of birth given by the plaintiff on his absorption in the B. B & C. I Railway i.e. 20th July, 1904 he was allowed to continue in service even alter that date, presumably because of the a...
Tag this Judgment!Sitaram and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-16-1973
Reported in: 1973(6)WLN917
Kan Singh, J.1. We have before us a bunch of 63 writ petitions. The petitioners therein challenge the validity of certain schemes of nationalisation over some routes in Rajasthan and as they raise some common questions of law, they were called on for hearing together and can conveniently be disposed of by a common judgment.2. By a notification published in the Rajasthan Gazette on 29-11-72, the Rajasthan State had nationalished 3 routes in the Kota region which were Kota-Jhalawar-Aklera, Kota Chechat and Kota-Ramganjrnandi. In pursuance of the scheme the Rajasthan State Roadways Department started providing transport services over these routes. It may be mentioned that though the routes both the termini of which fell on the nationalised routes were covered by the approved scheme, the other routes which partially overlapped (i e both or ore of the termini of which routes were beyond the nationalised routes and overlapping was on a portion) were left untouched and the operators of those ...
Tag this Judgment!Sawa and ors. Vs. the State
Court: Rajasthan
Decided on: Nov-14-1973
Reported in: 1973(6)WLN839
J.P. Jain, J.1. Sawa and four others have filed this revision application challenging the order dated 11-4-1972 of the Sessions Judge, Pali, by which he ordered the prosecution of the petitioners for hiving committed perjury in criminal sessions case No. 29/1971 State v. Birsingh decided on 1-2-1972 by him. Mst. Daapu was the wife of one Jugti Dan Jugtidan was murdered. His widow Mst. Dhapi and her suspected paramour Roop Singh were tried for the murder of Jugti Dan but they were ultimately acquitted Mst. Dhapu remarried Roop Singh After some time Roop Singh was also murdered by some person who could not be traced by the police and his murder remained unpunished Some time in July, 1971 Mst. Dhapu was also found kilted in the field of her second husband Roop Singh For the murder of Mst. Dhapu Bar Singh was tried by the learned Sessions Judge, Pali and it was this case which was registered as sessions case No 29/1971. Ber Singh was acquitted on 1-2-1972. In this case petitioners Sawa,Pem...
Tag this Judgment!Smt. Gauri and ors. Vs. Smt. Brijkanwar Devi
Court: Rajasthan
Decided on: Nov-13-1973
Reported in: 1973(6)WLN799
Kan Singh, J.1. This is a second appeal arising out of a suit for eviction. I2. The suit premises are situate at Chowk Panigraha, Ajmer (house No.19/477). They were taken on rent by one Shri Harjamal for Rs. 20 50 per month. The tenancy was oral and commenced from the 1st of each calendar month. The plaintiff respondent terminated the tenancy of Harjamal and then filed a suit against him for arrears of rent and eviction in the court of Munsif, Ajmer City (West), Ajmer, on the ground of bonafide personal necessity The suit was later on transferred to the court of Munsif, Ajmer District, Ajmer. The learned Munsif dismissed it on 5-9-1967. Aggrieved by the judgment and decree of the learned Munsif, the landlord went up in appeal to the court of the District Judge, Ajmer. The learned District Judge transferred the appeal to the Civil Judge, Ajmer Daring the pendency of the appeal Harjamal died on 27th February, 1968. The appellant landlord before the learned Civil Judge, however, filed an ...
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