Rajasthan Court January 1974 Judgments
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Bala Ram Vs. Sukh Sampat Lal and ors.
Court: Rajasthan
Decided on: Jan-04-1974
Reported in: AIR1975Raj40; 1974(7)WLN63
Kan Singh, J. 1. The second appeal before me is by a defendant and arises out of a suit for damages for libel. It raises questions involving the essential distinction between what are known as general damages and those characterised as special damages, as also about the mode of pleading special damages. 2. On 28-9-1957 a notice purporting to have been issued by the defendant appellant Sri Bala Ram Kachhawaha appeared in a Hindi newspaper Lok Jeevan' published by Shri Shyamsunder Vyas defendant No. 2, The paper had two offices; one at Jodhpur and another at Jaipur but it is printed at Jaipur. Plaintiff Sardarmal was an estate agent i.e., he used to bring about the sale and purchase of immovable properties on commission basis. Sri Balaram Kachhawaha was a tenant of the plaintiff's son and was occupying a shop at Sardarpura, Jodhpur. The plaintiff considered this notice to be defamatory of himself and accordingly filed the suit for damages to the tune of Rs. 3,000/- both against Shri Bala...
Madhya Pradesh State Road Transport Corporation Vs. State Transport Au ...
Court: Rajasthan
Decided on: Jan-04-1974
Reported in: 1974WLN(UC)47
M.L. Joshi, J.1. The Madhya Pradesh State Road Transport Corporation, hereinafter called the Corporation proposed a Scheme No. 73 under the provisions of Section 68-C of the Motar Vehicles Act, hereinafter called the Act. The scheme was published in Madhya Pradesh Rajpatra dated 31st December, 1965. This scheme amongst others related to following three inter statal routes lying partly between the territories of State of Rajasthan and State of Madhya Pradesh respectively:-(1) Neemuch--Chboti Sadari. (3) Neemuch--Chhiturgarh. (3) Nemuch--Singoli Begun Prior to the proposed scheme there had been a reciprocal transport agreement between the State of Rajas-then and State of Madhya Pradesh under the provisions of Section 63 of the Act in the year 1963. Under the proposed scheme the Corporation proposed to take over the transport services mentioned above. This proposed scheme was considered by the State Government of Madhya Pradesh and the same prior to the approval by the State Government re...
Nenoo Khan Vs. Mst. Sugani and ors.
Court: Rajasthan
Decided on: Jan-03-1974
Reported in: 1974WLN(UC)5
C.M. Lodha, J.1. This is a plaintiff's second appeal arising out of a suit for declaration to the effect that the plaintiff is the lawfully adopted son of defendant No. 1 jabardikhan who has died during the pendency of this litigation, and is now represented by his widow Mst. Sugani.2. The plaintiff's case is that Jabardikhan adopted him and made a writing in this respect in his Bahi, but subsequently on 17-8-1964 he wrote another deed of adoption in favour of defendant No. 2 Ibrahim Khan on 17-8-1964 and got it registered, which he had no authority to do in the life time of of the plaintiff. The plaintiff's adoption to Jabardikhan was denied by the defendant No. 2.3. After recording the evidence produced by the parties the trial court dismissed the plaintiff's suit, and its judgment and decree were upheld by the District Judge, Merta.4. The parties are Mohammedans and admittedly there is no institution like adoption among Mohammedans. It is true that by virtue of custom Mohammedans ma...
Goverdhan Lal Vs. Ram Lal and anr.
Court: Rajasthan
Decided on: Jan-02-1974
Reported in: 1974WLN(UC)9
Kan Singh, J.1. This is a plaintiff's second appeal arising out of a suit for arrears of rent and ejectment. The suit shop which is two storeyed is situated in Sawai Madhopur. The plaintiff-appellant claimed that it was let out to the father of the defendant-respondent Ramniwas on a monthly rent of Rs. 20/- on 16-6 54 The plaintiff sought the eviction of the defendants on the ground of their having committed three defaults in the payment of rent wthin a period of 18 months. The rent for three years amounting Rs. 720/- was also claimed. The defendants admitted the tenancy but denied that the rent payable by them was Rs. 20/- per month and asserted that the rent was only Rs. 11/- per month. They denied the execution of the rent note on 16 6 54 by deceased Ramniwas. They further stated that they had been remitting the rent regularly to the plaintiff at Rs. 11/- per month Dy money orders, but the plaintiff having accepted some of the money orders refused to accept the money orders later on...
Kistoormal and anr. Vs. Smt. Lachhma and anr.
Court: Rajasthan
Decided on: Jan-02-1974
Reported in: 1974WLN(UC)1
C.M. Lodha, J.1. A decree for Rs. 1848/1/- was passed by the Additional Civil Judge, Jaipur City against four defendants, viz. defendant No. Phoolcband, President, defendant No. 2 Harinarayan Rathi Secretary, defendant No. 3 Bhonri Lal Join-Secretary, and defendant No. 4 Kisturmal Treasurer of the Raj Industrial and Crafts Exhibition organised at Atish, Tripdtiya Bazar, Jaipur on account of hire charges and price of certain articles supplied by the plaintiff-respondents at the exhibition.2. Phoolchand and Bhonrilal were satisfied with the decree and did not file appeal. An appeal was filed by Hari Narayan and Kistoor Mal and that too was dismissed by the District Judge, Jaipur City. Consequently the said two defendants have come in second appeal.3. Learned Counsel for the appellants has urged that tbe aforesaid four defendants along with one defandant No. 5 Shri Datta had formed a Society to organize the exhibition though the society was not registered and that the articles were taken ...
Ramkishan Vs. Mohanji and anr.
Court: Rajasthan
Decided on: Jan-02-1974
Reported in: 1974WLN(UC)7
C.M. Lodha, J.1. This is a plaintiff's second appeal arising out of a suit for possession and mesne profits in respect of a plot of land measuring 201-4/9 Sq. yards situated in a locality called Hathi Bhata in the city of Ajmer.2. The plaintiff's case as set out in the plaint is that he purchased 1092 sq. yeards of land from Abdul Rehman and his wife Betool Bibi by a registered sale deed dated 24-6-1951, marked Ex. 3. It was alleged that the defendant encroached upon the disputed portion of the land measuring 201-4/9 sq yards, out of the land purchased by the plaintiff some time thereafter. Consequently, he filed the present suit for recovery of possession of the disputed land from the defendant Mohanji Barber and also claimed a decree Rs. 432/- on account of mesne profits. The suit was resisted by the defendant on a number of grounds but the only ground which survives for decision was that he had become owner of the land in dispute by adverse possession. This ground found favour with ...
The State of Rajasthan and ors. Vs. Smt. Taradevi and ors.
Court: Rajasthan
Decided on: Jan-02-1974
Reported in: 1974WLN(UC)37
S.N. Modi, J.1. These are three connected first appeals and arise out of two original suits Nos. 66 of 1964 & 46 of 1966 of the Court of the Addl. Dist Judge No. 1, Jaipur City, and the Court of the Additional District Judge, Toi k, decided on 22nd October, 1970 and 30th November, 1972 respectively, in the following circumstances2. The Director, Printing and Stationery Department, Government of Rajasthan, here in after referred to as Director, invited tenders for supply of stationery articles for the year 1961-62 commencing from 1-4-61 to 31-3 62. Ghanshyamdas who carried on the business in the name and style of Saini Book Depot, Jaipur hereinafter called as the contractor, submitted Tender No. 58 for I tem No. 27, namely, 'Cover Kraft paper 18'x12' of 22'x29' 60 lbs. (printed on one side)'. He quoted two rates for two qualities of such covers. The Purchase Committee of the Government of Rajasthan approved the Second Quality of Cover Kraft paper quoted in the tender, the rate of which ...
Babulal and anr. Vs. Kishna Ram and ors.
Court: Rajasthan
Decided on: Jan-02-1974
Reported in: 1974WLN(UC)50
D.P. Gupta, J.1. Babulal and Shriniwas filed an application Under Section 145, Cr. P.C. in the Court of Sub-Divisional Magistrate, Churu on October 7, 1969, alleging that the respondents Ki hnaram, Jeetaram and others were illegally trying to interfere with the possession of the applicants over khasra Nos. 602, 604 and 606 (new) corresponding to 'Khasra' No. 207 (old) in village Ghanghoo, measuring 7 big has' 15 biswas', which the applicants claimed to be in their possession on the basis of a registered sale deed dated November 8 1968, executed by Mularam in favour of Mohanlal brother of the applicants. It was alleged that the respondents were trying to take over unlawful possession of the aforesaid land and there was imminent danger of breach of peace. The learned Sub-Divisional Magistrate. Churu, passed a preliminary order on October 7, 1969, and issued notices to the opposite parties directing them to Me their written statement, affidavits and d cuments. The learned Sub-Divisional M...
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