Rajasthan Court September 1973 Judgments
Smt. Bhanwari Bai Vs. Joharilal Soni
Court: Rajasthan
Decided on: Sep-26-1973
Reported in: 1973()WLN703
Beri, C.J. 1. Pyarelal executed a deed of gift on November 7, 1961 in favour of his wife Smt. Bhanwari Bai. On October 15, 1968. upon his own application. Pyarelal was adjudged as an insolvent. On behalf of the receiver the deed of gift in favour of Smt. Bhanwari Bai was challenged on January 4. 1968. The learned Additional District Judge No. 1. Jodhpur, upheld the objection of the receiver and declared the deed of gift as void. Smt. Bhanwari Bai has now come up in appeal.2. Mr. Mukat Behari Lal Bhargava appearing for the appellant has urged that Section 4 of the Provincial Insolvency Act (hereinafter called 'the Act') is subject to the other provisions of the Act as the opening words of Subsections (1) and (2) indicate. Therefore, the deed of gift which was executed two years before the date of the adjudication of the insolvent could not be enquired into by the Insolvency Judge in exercise of his powers under section 4 of the Act. He urged that the Full Bench decision reported in Haji...
Tag this Judgment!Kulwant Rai Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-26-1973
Reported in: AIR1974Raj133; 1973()WLN717
Beri, C.J.1. Appellant Kulwant Rai challenged the draft scheme for nationalisation of Bikaner-Sri Ganganagar route on several grounds before a learned Single Judge of this Court who by his detailed order dated 3-7-1973 dismissed the writ petition in limine. Kulwant Rai has come up in special appeal before us, We had issued a notice to the respondents to show cause why this appeal be not admitted and in answer to that the learned Advocate General. Mr. Rai Narain Munshi and Mr. N, B. Mathur appeared for the respondents.2. Mr. L. L. Sharma, learned counsel for the appellant, has raised 3 grounds before us. The first is that the supersession of the Raiasthan State Road Transport Corporation (hereinafter called 'the Corporation') under Section 38 of the Road Transport Corporations Act, 1950 (hereinafter called 'the Corporations Act') amounted to a complete extinction of the Corporation as originally constituted and, therefore, under Section 68-C of the Motor Vehicles Act. 1'939 (hereinafter...
Tag this Judgment!Hardwarilal and ors. Vs. Dwarka Prasad and ors.
Court: Rajasthan
Decided on: Sep-26-1973
Reported in: AIR1974Raj101; 1973()WLN712
S.N. Sodi, J. 1. This first appeal is directed against the judgment and decree of the District Judge, Jaipur District, dated 21st May, 1971, in a suit fox recovery of money. 2. On 13-12-67 the plaintiff-respondents Dwarka Prasad and Gyarsilal brought a suit against six sons of deceased Pannalal and the heirs of the predeceased seventh son Asaram for the recovery of Rs. 16,500/-. The suit was based on two promissory notes for Rupees 7,711/- and Rs. 6,283/- executed by deceased Pannalal on 16-12-64. One of the six sons, namely, Khub Chand, died during the pendency of the suit and since no legal representative was brought on the record within the prescribed time the suit against him abated. The learned District Judge decreed the suit against all the remaining; defendants. 3. The suit was contested by the appellants, who are the 4 sons of Pannalal. The principal ground, which was pleaded by them, was that except Banwarilal all other sons of Pannalal had separated from their father and, the...
Tag this Judgment!D.S. Bhandari Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Sep-26-1973
Reported in: 1973(6)WLN765
M.L. Joshi, J.1. Appellant D.S. Bhandari has come up by way of appeal to this Court against the judgment of conviction passed by learned Special Judge for Rajasthan Jaipur city hereinafter called the Special Judge. The learned Special Judge convicted the appellant under Sections 420 and 468 IPC and sentenced him to undergo six months' rigorous imprisonment and to pay a fine of Rs. 100/- on each count. He further convicted the accused under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and sentenced him to one year's rigorous imprisonment and to pay a fine of Rs. 100/-. The learned Judge further directed that in case of default in payment of fine, the accused shall have to undergo two months' further rigorous imprisonment.2. Briefly the prosecution case is like this: The appellant D.S. Bhandari was a Development Officer in the Life Insurance Corporation of India (hereinafter referred to as the L.I.C.) at Sumerpur under Branch Office, Pali, Rajasthan. Functio...
Tag this Judgment!Vishan Das Vs. Smt. Niji Bai and ors.
Court: Rajasthan
Decided on: Sep-25-1973
Reported in: 1973(6)WLN871
Kan Singh, J. 1. This is a tenant's second appeal. One Onkar was the landlord and Vishandas was his tenant in respect of a shop situated at Udaipur on a monthly rent of Rs. 20/-. Onkar was murdered none other than his own son Bherulal. At the relevant time Bherulal was undergoing the sente nce of life imprisonment. Plaintiff Smt. Niji Bai was Bherulal's wife. It seems to have been disputed whether Smt Niji Bai was Bherulal's wife by remarriage (Nata) or otherwise, but, eventually it was accepted that Smt. Niji Bai was Bherulal's wife. Onkar was survived by three daughters besides his murderer son Bherulal. After Onkar's death and Bherulal's detention in jail the tenant started paying rent to Smt. Niji Bai. According to the tenant, Smt. Niji Bai refused accepting rent as she was motivated to enhance the rent. Consequently the tenant made an application on 17-8-65 (Ex. 1) before the Munsif Udaipur under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, herei...
Tag this Judgment!Samarathmal and ors. Vs. Jugaldas and ors.
Court: Rajasthan
Decided on: Sep-21-1973
Reported in: AIR1974Raj104; 1973()WLN813
1. These three appeals are directed against the common order dated 7-7-1971 passed by learned Single Judge of this Court disposing of two writ applications (S. B. Writ Petition No. 1926 of 1970 Messrs. Modern Transport, Kota v. State Transport Authority and others and S. B. Writ Petition No. 946 of 1970, Jugaldas v. State Transport Authority and others) whereby he accepted the writ petitions and quashed the resolution dated 5-9-1970 of the State Transport Authority, Rajasthan, hereinafter referred to as the S.T.A., granting counter-signatures on the permit of Shri Samrathmal on Neemuch-Kota route. 2. The material facts which it is necessary to notice for the disposal of these appeals stated in brief are : That a reciprocal agreement in regard to various inter-Statal routes was arrived at between the representatives of the State of Rajasthan and State of Madhya Pradesh in their meeting held on 11th and 12th of January, 1968 at Gwalior. This agreement also embraced in its fold the follow...
Tag this Judgment!Kishan Singh Vs. Kewal Raj and ors.
Court: Rajasthan
Decided on: Sep-21-1973
Reported in: 1973(6)WLN637
Kan Singh, J.1. The present revision application arises out of certain proceedings taken under Section 19A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1959, hereinafter to be referred as the 'Act'. Though the amount of rent which is the subject matter of the dispute is only Rs. 8/, the case had a number of innings in this Court as well as in the court of the Additional District Judge.2. One Veerbhan Singh is admittedly the tenant of the suit premises which formed part of a building known as 'Girdhari Singh-Ka-Nohra' situated near Mahatma Gandhi High School, Jodhpur. He was paying a monthly rent of Rs. 8/- for the premises. Veerbhan Singh made an application under Section 19A of the Act in the court of the Munsif City, Jodhpur on 2-12-65. In that application he stated that he had a bonafide doubt as to the person to whom rent was payable by him. He named three persons as the claimants who were demanding rent from him. According to him, one of these persons was entitled...
Tag this Judgment!Rajasthan State Road Transport Corporation Vs. the Judge, Industrial T ...
Court: Rajasthan
Decided on: Sep-20-1973
Reported in: (1974)IILLJ328Raj; 1973()WLN686
ORDERJ.P. Jain, J.1. This writ petition arises out of an industrial dispute between the petitioner-Corporation and the respondents Nos. 2, 3 and 4 who are (1) Rajasthan State Roadways Karamchari Sangh, Jaipur; (2) Rajasthan State Roadways Corporation Karamchari Sangh, Jaipur; and (3) the State Roadways Workshop Union. The dispute was referred by the Government of Rajasthan under Section 10(l)(d) of the Industrial Disputes Act, 1947 for adjudication by the Judge, Industrial Tribunal, respondent No. 1. Subject-mutter of reference are seven disputes contained in seven separate questions. Question No. 3 relates to the dismissal of the six employees of the central workshop of the Corporation. The Tribunal by the impugned award found their dismissal invalid and ordered their reinstatement with full back wages. He left the other questions to be decided at a subsequent stage. The Corporation has challenged this award in this writ petition.2. The facts leading to this particular disputes are th...
Tag this Judgment!Sohanlal Soni Vs. Mani Ram
Court: Rajasthan
Decided on: Sep-17-1973
Reported in: AIR1974Raj20; 1973()WLN635
ORDERKan Singh, J.1. The petitioner has filed an application for execution of an order of the Disciplinary Committee No. 1 of the Bar Council of Rajasthan awarding Rs. 150/- as costs to the petitioner against the respondent. The Office has raised an objection that the execution application is not maintainable and this is how the matter has been placed before me for orders.2. The respondent had made a complaint against the petitioner before the Bar Council of Rajasthan for taking disciplinary action against him on certain grounds with which we are not concerned at the moment. The Bar Council of Rajasthan constituted a disciplinary committee consisting of Shri S. K. Jindal Advocate, Chairman, and Servashri S. N. Purohit and B. M. Singhvi, Advocates as members. After making an inquiry the Disciplinary Committee dismissed the complaint, but ordered the complainant (respondent) to pay Rs. 150/- as costs to the petitioner. The petitioner applied for execution before the Disciplinary Committe...
Tag this Judgment!Jagdish Prasad and anr. Vs. State Transport Appellate Tribunal and ors ...
Court: Rajasthan
Decided on: Sep-14-1973
Reported in: 1973(6)WLN897
J.P. Jain, J.1. This is a writ petition under Article 226 of the Constitution of India and it arises out of the following circumstances. Petitioners Jagdish Prasad and Sheolal hold one non-temporary permit on Mahuwa Deeg route since 1967. Two applications were published for the grant of non-temporary permits on the route, one was of the third respondent Kishanlal Brijeshkumar and the second application was of one Kalyan Sahai. The petitioners filed objections against the grant of permit to the third respondent on 24-2-1968. According to the petitioners the certified copy of the said objections is on record and marked Annexure Ex.P/2 It has been alleged by the petitioners that the copy of these objections was also sent to Kishanlal Brijeshkumar under a certificate of posting on 23-2-1968. The Regional Transport Authority Jaipur, vide its resolution No. 6 item No. 5/2 dated 6-5-1969 granted one non-temporary permit to Kishanlal Brijeshkumar and the application of Kalyan Sahai was rejecte...
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