Rajasthan Court January 1974 Judgments
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Kuldeep Singh and ors. Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-20-1974
Reported in: 1974WLN176
B.P. Beri, C.J.1. The six petitioners before us are Railway servants who were removed/dismissed from service because each one of them was convicted for an offence by a criminal court. They complain that notwithstanding the fact that they were given the benefit of the provisions of the Probation of Offenders Act (hereinafter called 'the Probation Act') they have been removed or dismissed. They have challenged their order of removal/dismissal on the grounds that it was contrary to the provisions of Section 12 of the Probation Act or at any rate inconsistent with the objects of that statute & that it is violative of the principles of natural justice as they were never heard before removal or dismissal. The learned Single Judge, before whom these petitions were presented, found it necessary to refer these cases to a Division Bench because Tyagi, J. in S.B. Civil Writ Petitions Nos. 481, 482 516, 517 and 600 of 1966 by his judgment dated December 19, 1969, had held that even in a case covet...
Roda and ors. Vs. Nathu and ors.
Court: Rajasthan
Decided on: Jan-19-1974
Reported in: 1974WLN(UC)128
P.N. Shinghal, J.1. It has been argued by the learned Counsel for the present applicants that the order of the learned Sub-divisional Magistrate, Mandalgarh, dated 1.11.71, does not justify the order which has been passed in favour of the present con-applicants because the learned Magistrate has not decided the question whether the present non-applicants were in possession on the date of the preliminary order & has also not recorded a finding that the present non-applicants had been forcibly and wrongfully dispomssed within two months next before the date of that order. A readirg of the impugned order of the learned Magistrate shows that there is justification for this contention of the learned Counsel because the learned Magistrate has recorded a finding to the effect that the present non-applicants had proved their possession two months before the date of the preliminary order. The order of the learned Magistrate therefore suffers from the defect pointed out by the learned Counsel fo...
Mool Chand Vs. Kanwarlal and anr.
Court: Rajasthan
Decided on: Jan-19-1974
Reported in: 1974WLN(UC)196
C.M. Lodha, J.1. This is a defendant's second appeal arising out of a suit for ejectment from a house situated in Hira Gali, Ajmer.2. The plaintiffs case is that they purchased the house in question for their own residence. The defendant challenged the alleged purchase of the property by the plaintiffs on the ground that the purchase was bogus, sham and benami He also took certain other pleas such as invalidity of notice of termination of tenancy, misjoinder of parties and causes of action. The trial court did not frame any issue on the question whether the house in question was teasonably and bonafide required by the plaintiffs for their own residence, and proceeded to trial. In found that the defendant had failed to prove that the notice of termination of tenancy was bad and further that the suit did not suffer from any other technical defect pleaded by the defendant. No evidence was examined on behalf of the defendant and consequently the trial court also found that the defendant ha...
Hanuman and ors. Vs. the State and anr.
Court: Rajasthan
Decided on: Jan-19-1974
Reported in: 1974WLN95
J.P. Jain, J.1. The three appellants and one Jai Singh were tried for offences under the Indian Ptnai Code and Indian Arms Act by the Additional Sessions Judge No.2, Sri Ganganager. As a result of the trial, Sadnu Singh was convicted under Section 302 I.P C and sentenced to life imprisonment. He was however acquitted of the charge under Section 27 Indian Arms Act. Sohan Singh and Hanuman were acquitted of the charge under Section 302 I.P.C. but each one of them was convicted under Section 25, Indian Arms Act and sentenced to three years' rigorous imprisonment. Jai Singh was acquitted of all the charges levelled against him. The three convicts have filed appeal No. 704/71 seeking their acquittal The State of Rajasthan has also preferred a revision application praying for the award of extreme penalty of death to Sadhu Singh.2. The prosecution evidence disclosed that Sher Singh (P.W.11) resident of village Guda Beeruwala Tehsil Sirs? District Hissar had two murrabbas of land in village Ne...
Victor David Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jan-17-1974
Reported in: (1975)ILLJ334Raj; 1974(7)WLN6
G.M. Lodha, J.1. This is an appeal by the plaintiff from the appellate judgment and decree by the District Judge, Ajmer dated 29-10-1966, whereby the learned Judge upheld the decree of dismissal of the plaintiff's suit for recovery of Rs. 2,100 on account of alleged wrongful reduction of 50 per cent of his death-cum-retirement gratuity.2. The plaintiff, after completing 30 years of service with the Western Railway retired on 12-7-1960 on attaining superannuation. His case is that he was entitled to full death-cum-retirement gratuity equal to 15 months' pay, he was last drawing, i.e., Rs. 280 per month. Thusaccording to the plaintiff he was entitled to get Rs. 4,200 as death-cum-retirement gratuity but the Divisional Personnel Officer by his letter dated 24-3-1962 marked Ex. A4 informed him that only 50 per cent of death-cum-retirement gratuity had been sanctioned for him. Admittedly the plaintiff has been paid Rs. 2,100 being 50 per cent of the death-cum-retirement gratuity and since 5...
Hari NaraIn Vs. the State
Court: Rajasthan
Decided on: Jan-17-1974
Reported in: 1974WLN(UC)106
J.P. Jain, JJ.1. These are two appeals from an order of the Additional Sessions Judge No. 1, Jaipur City, by which Harain was convicted under Section 304 Part II, I.P.C. and sentenced to there years' rigorous imprisonmenet and find a fine of Rs. 500/-, in defaedt thereof six months' rigorous imprisonment was awarded; and Bashir Beg was acquitted of the charge Under Section 302 read with Section 109 I.P.C. One appeal is by Hari Narain convict for his acquittal and other appeal is by the state seeking the conviction of Hari Narain Under Section 302 instead of Section 304 Part II and for convicting Bashir Beg Under Section 302 read with 109 I.P.C. The appeal against Basber Beg was disissed in limine. Both there appeals relating to Hari Narian are disposed of by order.2. Bhojraj deceased had a shop at the fourth crossing of Khajane-walon-ka-Rasta Jaipur. On 8.4.69 he came from his house which was situated in Rasta Bhindan to open his shop at about 6 00 in the morning. His son Ashok Kumar w...
Jabbar Khan Mev Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-17-1974
Reported in: 1974WLN(UC)109
P.N. Shinghal, J.1. This revision Dentition by accused Jabbar Khan is directed against the appellate judgment of learned Sessions Judge, Alwar, dated August 30, 1971, by which he dismissed Jabbar Khan's appeal & upheld his conviction for an offence Under Section 457 I.P.C and the sentence of one year's rigorous imprisonment and a fine of Rs. 50/-.2. The case arose on the first information report Ex. P. 1 dated Jan., 20, 1966, which was lodged at police station Tapukara, the same day, at 3 p.m., by Fateh Khan P.W. 1. It was stated in the report that accused Jabbar Khan had committed house-breaking in the early hours of January 20, 1966, at about 4 p.m., in the house of Rahman P.W. 2 in village Milakpur, at a distance of about 11 miles from the police station. It was also stated that the accused had been caught red banded and had been detained The police registered a case, and made an investigation, during the course of which accused Jabbar Khan was arrested. He was challaned, & has need...
Chiranji Lal and ors. Vs. Prabhu Lal and ors.
Court: Rajasthan
Decided on: Jan-17-1974
Reported in: 1974WLN(UC)218
C.M. Lodha, J.1. This is a defendants' second appeal arising out of a suit for partition of 'Birad Jajmani'.2. The parties are 'Braham Bhats' and their profession is to keep a record of the pedegrees of their clients by visiting them off and on They receive presents at the time of making entries. They are descendants of the same ancestor. A preliminary decree for partition of the books defining their shares has already been passed and the dispute now is only regarding the actual division of books. The trial court appointed a commissioner in this connection who suggested partition of the 'Birad Jajmani' by allotting categories of clients to the respective parties The defendants filed objections that there should have been division of books rather than allotment of clients to one party or the other This objection was, however, disallowed and on appeal by the defendants the learned Senior Civil Judge No. 2, Jaipur City also concurred in the view taken by the trial court. Hence this appeal...
Triveni Bai and ors. Vs. Swaroopchand and ors.
Court: Rajasthan
Decided on: Jan-15-1974
Reported in: AIR1974Raj232
S.N. Modi, J.1. This first appeal by the defendants is directed against the judgment and decree of the Civil Judge. Aimer in a suit for possession and mesne profits.2. The dispute relates to a part of the house bearing old No. A. M. C. 7/261 and new number 14/249 situated in Gujar Grawadi in Ajmer fully described in paras 6 and 13 of the plaint, as also in the site plan attached to the plaint -- portion marked red colour.3. The suit out of which this appeal has arisen was instituted on 20th March, 1969, by plaintiffs Rameshwar Lal and Norat Mal against eleven defendants. Plaintiffs and defendants 7 to 11 are related to one another. Their relationship would be clear from the following pedigree table:-- SETH BASANTI RAM (died on 19-6-62) | __________________________________________________________________________ | | Rameswarlal Norat Mal Mst. Ratan Bai Plff. 1 Plff. 2 married to Laxminarain | ____________________________________________________________________________________________ | ...
Govind Narayan Vs. Sunder Lal
Court: Rajasthan
Decided on: Jan-15-1974
Reported in: 1974WLN(UC)216
S.N. Modi, J.1. This is a defendant's appeal against the judgment and decree of the Civil Judge, Kota dated 27th September, 1972 for the recovery of mortgage-money.2 The plaintiff respondent instituted a suit against the defendant for the recovery of Rs. 18,500/- on the basis of a mortgage deed executed by the defendant on 12-10-66. It was stipulated in the mortgage deed that mortgage amount shall be payable in two years Further, it appears that the defendant mortgagor executed a rent note in respect of the mortgaged house and on the basis of that rent note the mortgagees instituted a suit for arrears of rent on 12th of March, 1968. The defendant admitted having executed the mortgage deed. He also admitted consideration of the mortgage to the extent of Rs. 17,000/- and for the remaining amount of Rs. 1,500/-, he pleaded that this amount was not paid to him According to the defendant, the plaintiffs charged extra amount of interest to the tune of Rs. 1,500/- and included in the mortgage...
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