Rajasthan Court February 1974 Judgments
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Jagan Nath and ors. Vs. Chhitarmal and ors.
Court: Rajasthan
Decided on: Feb-21-1974
Reported in: 1974WLN(UC)243
Kalyan Dutt Sharma, J.1. This is a reference made by the learned Sessions Judge, Jaipur District, Jaipur, on 10th March, 1973, with the recommendation that the orders passed by the Sub-Divisional Magistrate, Jaipur, on 21st January, 1972 and 24th October, 1972, may be set aside and the learned Magistrate may be directed to decide the matter afresh in accordance with law.2. The relevant facts giving rise to This reference may be shortly stated as follows: Jagan Nath, Shrinarain, Dhoolchand and Ganpat, petitioners, hereinafter referred to as party No. 1, presented an application Under Section 133, Cr.P.C. before the District Magistrate, Jaipur, in the month of August, 1968, that Chhitar Mal and Anandi Lal, hereinafter referred to as party No. 2 had unlawfully obstructed their way to a well situated in village Hirnoda by constructing a muddy wall and placing thorns over it and that the unlawful obstruction should be removed from there as the well had been continuously used by all the in h...
NaraIn Dass Vs. Atma Ram and ors.
Court: Rajasthan
Decided on: Feb-19-1974
Reported in: AIR1974Raj144; 1974(7)WLN151
C.M. Lodha, J. 1. The subject-matter of this protracted litigation is a 'sal' a sort of parlour standing adjacent to the temple of Shree Neelkanth Mahadeo, located outside Chandpole Gate in the city of Jodhpur. There is another temple of Lord Krishna, situated very near to the 'sal' in question. This temple of Lord Krishna is alleged to belong to the Vaid Nai Community (barbers) of Jodhpur. The present suit for issue of a mandatory injunction was instituted by Shyamdas in the Court of Munsiff, Jodhpur City on 24-8-1959 against the representatives of the barber community. It was alleged in the plaint that the 'sal' in question belonged to the plaintiff, who owned the temple of Neelkanth Mahadeo and that previously it had been decided by the then Chief Court of the former State of Jodhpur vide its judgment dated 8-10-1926, Exhibit 3, against the representatives of the barber community that the 'sal' was attached to the temple yet some barbers had taken forcible possession of the same fro...
Radha Kishan Vs. Teekamdas
Court: Rajasthan
Decided on: Feb-19-1974
Reported in: 1974WLN(UC)297
S.N. Modi, J.1. This is a plaintiff's appeal in a suit for rendition of partnership accounts. On 31-10-68 a preliminary decree was passed in the following words:It is declared that this partnership firm had been dissolved on 7-3-65. It is ordered that Shri Baijnath is appointed as Commissioner to take the accounts of the above business into consideration from 19-1-63 to 7-3-64 and submit his report, Further it is ordered that the Commissioner shall take the following accounts into consideration:1. An account of the credits, property and effects now belonging to the said partnership.2. An account of the debts and liabilities of the said partnership.3. An account of all dealings and transactions between the plaintiff and defendant.It is ordered that the above accounts be taken & all other acts required to be done by the Commissioner be completed within a period of one month and the Commissioner shall submit his report and the result of the accounts and the result of all otherlacts.In pur...
Ram Kumar Sharma Vs. the University of Rajasthan
Court: Rajasthan
Decided on: Feb-18-1974
Reported in: AIR1975Raj85; 1974(7)WLN85
Gupta, J. 1. In the Summer Schools-cum-Correspondence Course Scheme, 1968 of the University of Rajasthan, Ram Kumar Sharma appellant appeared for his Bachelor of Education (B. Ed.) Examination. He was declared unsuccessful and feeling aggrieved he presented a writ petition under Article 226 of the Constitution of India to this Court praying that the interpretation of the relevant regulation No. 43.B-6 given by the University was erroneous and he deserved to be declared successful. The University of Rajasthan joined issue by filing an answer in support of the interpretation it had taken of the regulations which were applicable to the appellant. The learned single Judge of this Court by his order dated January 23, 1970 examined the scheme of the examination and observed that it was capable of two interpretations but in view of the observations of their Lordships of the Supreme Court in Principal, Patna College, Patna v. Kalyan Sriniwas Raman, AIR 1966 SC 707 preferring the view taken by ...
Fazal Masih Vs. Smt. Patience
Court: Rajasthan
Decided on: Feb-18-1974
Reported in: 1974(7)WLN74
Beri, C.J.1. This is a reference under Section 17 of the Indian Divorce Act (hereinafter called 'the Act') for confirmation of a decree nisi for dissolution of the marriage of the petitioner Fazal Masih and his wife Smt. Patience.2. The petitioner and the respondent were married on December 4, 1959, under the Indian Christian Marriage Act The respondent gave birth to two male children. Domestic bickerings appear to have been a part of their married life. Certain proceedings had taken place between the husband and the wife with regard to the maintenance of the latter. However on August 9, 1966 the petitioner presented a petition in the Court of the District Judge, Udaipur, under Section 32 of the Act for restitution of coniuaal rights. Issues were framed in the case and the trial proceeded. In the course of the proceedings, on December 14, 1968 the husband and the wife filed a joint petition saying that their relations had deteriorated to such an extent that it was impossible for them t...
Commissioner of Income-tax Vs. Smt. Pana Devi and ors.
Court: Rajasthan
Decided on: Feb-18-1974
Reported in: 1974WLN259
B.P. Beri, C.J.1. The Income-tax Appellate Tribunal (Delhi Bench 'C') has at the instance of the Commissioner of Income-tax, Rajasthar, Jaipur, referred this case to us under Section 66(1) of the Income tax Act, 1922 (hereinafter called 'the Act') for answering the following question:Whether on the facts and in the circumstances of the case, the assessee was entitled to set off his share of loss from the firm M/s Ganga Theatre, Bikaner, against his other income2. The Assessce is an individual. He is also a partner in the firm of Ganga Theatre, Bikaner. The assessment relates to the years 1960-61 and 1961-62 for which the relevant previous years ended on 31.10 1959 and 31.10. 1960 respectively. Messrs Ganga Tneatre, Bikaner, filed its returns of loss for both the years in question, but as the returns were filed beyond the statutory period as laid dawn under Section 22(2A) of the Act, the Income tax Officer did not consider them and the result was that no assessment was made on that firm...
Chandrabhan Bansilal Ramratan Das Vs. the Municipal Council, Bikaner
Court: Rajasthan
Decided on: Feb-15-1974
Reported in: AIR1975Raj35; 1974(7)WLN133
S.N. Modi, J. 1. This is an appeal by the plaintiff against the judgment and decree of the Civil Judge, Bikaner, dated 10-12-4971 dismissing the suit for recovery of Rs. 17,600/-. 2. The facts of the case which are no longer in dispute are as follows:-- Messrs. Chandrabhan Bansilal Ramratandass, a partnership firm, owns a building known as Narsingh Bhawan --Daga Building at K. E. M. Road in Bikaner. A dispute was going on between the owner of the building and the Municipal Board, Bikaner, about the disposal of the waste water coming out of the said building. The Municipal Board asked the owner to make proper and satisfactory arrangements for the disposal of the waste water. The Municipal Board also suggested to the owner to pay Rs. 8,799/-, the estimated cost, for construction of septic tank and soak-pit outside the building. When the owner neither made proper arrangements for the disposal of the waste water nor paid the estimated amount for constructing the soak-pit, the Municipal Boa...
Maliram Nemichand JaIn Vs. Rajasthan Financial Corporation and anr.
Court: Rajasthan
Decided on: Feb-15-1974
Reported in: AIR1974Raj204; 1974(7)WLN104
Tyagi, J.1. These two appeals are filed separately by the two partners of the judgment-debtor firm Messrs. Maliram Nemichand Jain, against the order of the learned District Judge, Jaipur 'District, Jaipur dated 5th of September, 1972, dismissing the objection petition filed by the judgment-debtor and passing the order of the confirmation of sale of the property belonging to the judgment-debtor.2. Rajasthan Financial Corporation, Jaipur had obtained a decree against Messrs. Maliram Nemichand Jain and its partners Damodarlal and Gappulal and in the execution of that decree the building known as Hind Hotel situate in the centre of Jaipur City was sold. In the beginning, the execution proceedings were initiated in the court of the District Judge, Jaipur City, Jaipur, but later on the execution case was transferred by the High Court to the court of the District Judge, Jaipur District, Jaipur, as the Presiding Officer of the court of District Judge, Jaipur City, Jaipur felt that on account o...
State of Rajasthan and anr. Vs. Kamalsingh and ors.
Court: Rajasthan
Decided on: Feb-15-1974
Reported in: 1974WLN(UC)272
S.N. Modi, J.1. This first appeal by the defendants is directed against the judgment and decree of the Additional District Judge, Baran, dated 8.11.71 in a suit for damages and permanent injunction.2. The State of Rajasthan through its Divisional Forest Officer auctioned the contract of extracting gum produce from the forest of the Range Chhipabarod. district (sic) for the year 1964-65. The highest bid of Rs. 22501/- being of the plaintiff, the contract was knocked down in his favour. Under the terms and conditions of the contract, the plaintiff was required to depostit the contract money in three instalments of Rs. 7501/- each. The plaintiff deposited the first instalment as also substantial amount in the second instalment but failed to deposit the third instalment of Rs. 7501/- On plaintiff's failure to deposit the two instalments, on due dates, the Divisional Forest Officer cancelled the contract on 7.6.65 and preheated the plaintiff from collecting gum produce for the remaining per...
Ramji Lal and 5 ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-12-1974
Reported in: 1974WLN(UC)213
B.P. Beri, C.J.1. This is an application in revision against the judgment of the learned Additional Sessions Judge, Bharatpur dated June 23, 1971, whereby he has given the benefit of the Probation of Offenders Act to the petitioner Radhey, Dharmi, Sitaram and Khilli and ordered them to by released on executing bonds of Rs. 2,000/- each for keeping the peace for a period of 2 years, but he ordered petitioners Ramjilal and Yadram to undergo 6 months' rigorous imprisonment Under Section 325 I.P.C. 3 months' rigorous imprisonment Under Section 325 and 149 I.P.C. and 2 months' rigorous imprisonment Under Section 147 I.P.C. and maintained various amounts of fine.2. The circumstances, which I need notice for the disposal of this application briefly stated, are these. Panchia kept Mst. Chandra Kala, alleged to be an abducted woman and not belonging to his caste in his house. The accused persons, who were his neighbours, resented this unconventional behaviour on the part of Panchia and it was o...
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