Rajasthan Court January 1974 Judgments
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Shyama and ors. Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jan-15-1974
Reported in: 1974WLN(UC)221
J.P. Jain, J.1. This is a second appeal against the judgment & decree dated 5-8-71 passed by the District Judge, Jaipur District, Jaipur, by which he, reversing the judgment and decree of the original court, dismissed the plaintiff's suit challenging the order of the Railway Board reducing the plaintiff-appellant to the lower time-scale of the past for a period of five years.2. Lekhram Saini was a senior travelling ticket examiner at the relevant time in the grade of 150-240 drawing Rs. 212/- per month as his salary, in the Western Railway, posted at Bandikui. He was charge-sheeted for under charging a marriage party and for negligence of duty by the Railway Administration. On inquiry he was found to be negligent in discharge of his duty but the charge of under charging the marriage party was not found proved. The General Manager did not agree with the result of this inquiry and ordered a fresh inquiry against him. There was accordingly a second inquiry but it also brought the same res...
Triveni Bai and ors. Vs. Swaroop Chand and ors.
Court: Rajasthan
Decided on: Jan-15-1974
Reported in: 1974WLN13
S.N. Modi, J 1. The first appeal by the defendants is directed against the judgment and decree of the Civil Judge, Ajmer 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 Gawadi 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, 1989 by plaintiff 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 Basantiram (died on 19-6-62) |--------------------------------------------------------------------------------- | | |Rameshwarlal Norat Mal Mst. Ratan Bai marriedPlaintiffl P. 2 to Laxminarain--------------------------------------------------------------------------------- | | | | |Ramswaroop | |...
Mohan Vs. State
Court: Rajasthan
Decided on: Jan-14-1974
Reported in: 1974WLN(UC)163
P.N. Shinghal, J.1. Heard learned counsel. The petitioner has been convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 500/- Under Section 16 of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as the Act) by a judgment of the Sub-divisional Magistrate, Jalore, dated March 21, 1973 The learned Additional Sessions Judge, Jalore has dismissed the petitioner's appeal against that judgment on December 3, 1973 and he has approached this Court by means of the present revision petition.2. The only point which has been argued by the learned Counsel for the petitioner is that relating to the sentence. He has argued that there were adequate and special reasons within the meaning of proviso (i) of Sub-section (1) of Section 16 of the Act for imposing a lesser sentence.3. Learned Deputy Government Advocate has not controverted the argument of the learned Counsel for the petitioner that the offence of which the petitioner has been convicted falls...
Hazari Lal Vs. Garvar Singh and ors.
Court: Rajasthan
Decided on: Jan-14-1974
Reported in: 1974WLN(UC)126
C.M. Lodha, J.1. This is a plaintiff's second appeal arising out of a suit for injunction to restrain the defendants from constructing a temple or any other building on the land in dispute measuring 22' 6' (east-west) x 18' 6' (north-south) shown in red pencil dotted lines in the plan Ex. 4. The plaintiff's 'Nohara' is towards the west of this plot of land a distance of about 10'. The plaintiff's case is that the strip of land 10' in width lying between the constructed portion of his Nohara' and the piece of land in question is a part of his property and he had left out the same while constructing the 'Nohara'. His allegation is that the plot in dispute is a part of the public street over which he has a right of free access and is entitled to get the defendants restrained from raising any construction over it. The defendants who have been sued in a representative capacity pleaded inter-alia that the land in question was granted to the villagers some time in the year 1949 A.D. by the th...
The State of Rajasthan Vs. Mahadev Prasad
Court: Rajasthan
Decided on: Jan-14-1974
Reported in: 1974WLN(UC)198
Sohan Nath Modi, J.1. In this appeal by the defendant-State of Rajasthan, the only point involved is in respect of interest prior to the date of the institution of the suit.2. In brief, the facts of the case are that the plaintiff-respondent gave bid of Rs. 19,500/- at the auction conducted by the State of Rajasthan in res-pect of certain property situate in Karauli. The auction took place under the Rajasthan Nazool Building Disposal by Public Auction Rules, 1967. Under the Rules the bid has to be sanctioned and confirmed by the Deputy District Disposal Committee. The plaintiff, however, deposited one-fourth of the amount of the bid, that is Rs. 4875/- on 2-2-68 the date on which he gave the bid. It appears that the required sanction from the authority was not conveyed to the plaintiff for a sufficiently long time. The plaintiff therefore served a notice Under Section 80 CPC calling upon the State either to accept his bid or to return the amount deposited by him with interest at the ra...
Bank of Baroda Vs. Krishna Ballabh and ors.
Court: Rajasthan
Decided on: Jan-14-1974
Reported in: 1974WLN23
S.N. Modi, J.1. This is a first appeal by the defendant Bank of Baroda against the judgment and decree of the Additional District Judge No. 2, Jaipur City, dated 11-9-69 in a suit for recovery of Rs. 10,491,63P. instituted by the plaintiff-respondent Krishna Ballabh. The others respondents Nos. 2 to 5 are the heirs of the deceased N.V. Vakhariya.2. The undisputed facts of the case are these: N.V. Vakhariya, the husband of respondent-defendants no 2 and father of respondent-defendants Nos. 3 to 5 carried on business in the name and style of Messrs. Jam Chemical and Pharmaceutical Works in the City of Jaipur upto 28-6-61 on which date N.V. Vakhariya expared. During the relevant period he was the sole proprietor of 'he said business. On 39 7-60 he opened a Cash Credit Account with the Bark of Baroda Ltd., here in after referred to as the Bank, in the name of Messrs. Jam Chemical at Pharmaceutical Works and executed an agreement Ex.A/14 in favour of the Bank. By this agreement N.V. Vakhari...
The State of Rajasthan Vs. Soni Electric Works
Court: Rajasthan
Decided on: Jan-11-1974
Reported in: 1974WLN(UC)14
S.N. Modi, J.1. This is an appeal by the defendant-State of Rajastha'n against the judgment and decree of the Additional District Judge No. 2, Jodhpur, dated 24.3.72 in a suit for the price of the work done by the plaintiff.2. Messrs. Soni Electric works is a concern whose sole-proprietorlis Amritlal. The Public Works Department, Govt. of Rajasthan invited tenders for electrification of the Rajasthan Armed Constabulary Building. The tender submitted by Messrs. Soni Electric Works for Rs. 11490/- was accepted by the State of Rajasthan on 23-3-64. The contractor was to the paid this amount on the completion of the work. The contractor was however asked to do some extra work which was also completed on 7-4-65. During the progress of the work, the contractor was supplied material worth Rs. 7500/-. When the contractor was not paid for the work done by him, he after notice Under Section 80 C.P.C. filed a suit out of which this appeal has arisen, on 26-8-68, for the recovery of the following ...
Bank of Baroda Vs. Krishna Ballabh and ors.
Court: Rajasthan
Decided on: Jan-10-1974
Reported in: AIR1975Raj1
S.N. Modi, J. 1. This is a first appeal by the defendant Bank of Baroda against the judgment and decree of the Additional District Judge No, 2, Jaipur City, dated 11-9-69 in a suit for recovery of Rs. 10,491-63 P. instituted by the plaintiff-respondent Krishna Ballabn. The other respondents Nos. 2 to 5 are the heirs of the deceased N. V. Vakhariya.2, The undisputed facts of the case are these:--N. V, Vakhariya, the husband of respondent-defendant No. 2 and father of respondent-defendants Nos. 3 to 5 carried on business in the name and style of Messrs. Jem Chemical and Pharmaceutical Works in the City of Jaipur upto 28-6-61 on which date N. V. Vakhariya expired. During the relevant--period he was the sole proprietor of the said business. On 19-7-60 he opened a Cash Credit Account with the Bank of Baroda Ltd., hereinafter referred to as the Bank in the name of Messrs. Jem Chemical and Pharmaceutical Works and executed an agreement Ex. A/14 in favour of the Bank. By this agreement N. V. V...
Bhagchand Panju Ram and anr. Vs. Smt. Snehlata and ors.
Court: Rajasthan
Decided on: Jan-10-1974
Reported in: AIR1974Raj212
Gupta, J. 1. These two appeals arise out of a motor accident, which took place on May 3, 1966, Shri Rajbahadur Singh reached Kota Junction on the fateful morning by train and took a cycle rickshaw from the railway station to go to Bundi bus stand at Kota in order to catch the bus for Bundi. He had been selected at a competitive examination for the Rajasthan Judicial Service, occupying the fifth position ,and after undergoing the necessary training at Alwar, he was posted as Munsif Magistrate, Bundi. It was his first assignment in the State service and he was to join his duties as a Munsif Magistrate on May 3, 1966, at Bundi. But destiny willed otherwise and while the rikshaw in which Shri Rajbahadur Singh was sitting, was proceeding from Brij Talkies crossing on the slope leading towards the Bundi bus stand, a passenger bus, bearing registration No. RJR 915 came from behind. The bus collided in the first instance with Jeep No. DLJ 1329, which was at that time parked towards the left si...
State of Rajasthan Vs. Smt. Laharkunwar and ors.
Court: Rajasthan
Decided on: Jan-10-1974
Reported in: AIR1974Raj193; 1974(7)WLN91
B.P. Beri, C.J.1. This is a petition under Article 226 of the Constitution filed by the State of Rajasthan against ten respondents including the Board of Revenue, challenging the decision of the Board of Revenue dated April 23, 1965 in nine jagir appeals by its consolidated order.2. The facts which, it is necessary to notice for the disposal of this petition, are briefly these --In regard to Barmer jagir, nine persons who are in the line of Sumelsingh, had shares in the said jagir. The jagir was resumed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter called 'the Act') on September 12, 1956, and the claims for compensation by the respondents were filed in 1960. Amongst other items, the claimants made a demand for compensation for the income arising out of mineral products. The Deputy Collector, Jagir, Barmer, passed a common compensation award on March 13, 1964 and allowed compensation for mineral products. The State of Rajasthan preferred an appeal whic...
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