Rajasthan Court February 1974 Judgments
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Smt. Tikkan Bai Vs. Durga Prasad and ors.
Court: Rajasthan
Decided on: Feb-12-1974
Reported in: 1974WLN(UC)271
C.M. Lodha, J.1. These three appeals arise out of three suits filed by Durga Prasad for ejectment against three different parties in respect of different apartments in the same building situated in the town of Beawar.2. The suits against Badrimal and Smt. Tikan Bai were decreed by the trial court and the judgments and decrees of the trial court were upheld by the first sppellate court. The suit against Shivenarain was also decreed by the trial court but the judgment and decree by the trial court were reversed by the first appellate court. Consequently, Baridmal and Smt. Tikan Bai have come in appeal against the decrees of eviction passed against them whereas the plaintiff Durga Parsad has filed appeal against Shivennarain from the dismissal of his suit by the first appellate court.3. The common ground for ejectment taken in all the three cases was that the premises were required for construction of a 'Dharamshala'. a guest room and for providing accommodation to Sadhus etc. coming to t...
Surajmal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-12-1974
Reported in: 1974WLN(UC)279
S.N. Modi, J.1. This first appeal by defendant Surajmal is directed against the judgment and decree of the Additional District Judge, Ganganagar dated 29.1.1972 in a suit for damages.2. The plaintiff-respondent, State of Rajasthan, purchased and transhipped from Panagarh 2630 victualic pipes as they were needed for the use of the Rajasthan Canal Project. The said pipes were received at Hanumangarh railway station during the month of July, 1959 and thereafter. The work of unloading and carrying of the said pipes was given on contract to Surajmal appellant by the Rajasthan Canel Project authorities It is alleged that Surajmal with the help and connivance of Prakash Chind (now deceased) managed to steal away 135 pipes out of the above lot of 2830 pipes on the night between 29th and 30th August, 1959. The matter was reported to the Deputy Superintendent of Police, Hanumangarh on 10 10 59. During the course of investigation 16. out of 135 pipes ware recovered from the soop of (sic) Prasad a...
Ram Niwas and ors. Vs. Shiksha Prasar Samiti Ratangarh
Court: Rajasthan
Decided on: Feb-11-1974
Reported in: 1974WLN(UC)292
C.M. Lodha, J.1. This is a defendants' second appeal arising out of a suit fot issue of perpetual injunction against the defendants from interfering with the plaintiffs' possession over a Nohara' situated in the town of Ratangarh.2. The plaintiff-respondent No. 1 is a society called Shiksha Prasar Samiti formed in Ratangarh for the purpose of promoting education in the town. The other plaintiffs are its office bearers. The plaintiffs' case is that the 'Nohara' in dispute was gifted to the Society by one Smt. Jamna Devi, and the defendant no Ramniwas had been asked to look after the 'Nohara' on behalf of the plaintiff as he has been doing so previously as a servant of the donor Smt Jamna Devi. The other defendants are his brothers. Defendant Ramniwas has got his house very near to the 'Nohara, in dispute, and the plaintiffs' case is that for the sake of convenience he was allowed to connect the 'Nohara' with his house by a passage. It was alleged that the defendants were denying the pla...
Om Prakash Mathur Vs. the State
Court: Rajasthan
Decided on: Feb-11-1974
Reported in: 1974WLN324
K.D. Sharma, J.1. The appellant, who was a Sub-Inspector of Railway Protection Force, Jaipur, has been convicted under Section 161, I.P.C. and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act by the learned Special Judge, Jaipur, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment for three months.2. The prosecution case against the appellant, shortly, stated, is that Om Prakash appellant was functioning as a Sub-Inspector in charge of Railway Protection Force post attached to Western Railway, Jaipur, in the beginning of April, 1969. As Sub-Inspector of Railway Protection Force, it was one of his duties to make an investigation of a crime of unlawful possession of railway property punishable under Section 3 of the Railway Property (unlawful possession) Act, 1966. While investigating a case of unlawful possession of railway property (Cr. No. 9 of 1969)...
State and anr. Vs. Khan Farouk
Court: Rajasthan
Decided on: Feb-08-1974
Reported in: 1974WLN(UC)232
P.N. Shinghal, J.1. Heard learned counsel. The short question for consideration is whether the finding of the learned Munsif on Issue No. 12 is correct? That issue reads as follows:12. Whether the suit is not within the cognizance of the civil courtThe learned Munsif has recorded a finding that the plaintiffs suit is triable by a civil court, and the defendants have applied for a revision of that finding on the ground that the learned Munsif has given an incorrect finding on a question of jurisdiction because the jurisdiction of the civil court was ousted by Sections 10 and 12 of the Industrial Disputes Act.2. I have gone through the plaint and it shows that the plaintiff has not claimed the benefit of any provision of the Industrial Disputes Act and has based his claim as if that Act had not come into force. In fact the parties have not joined issue on the question whether the plaintiff is entitled to any benefit peculiar to a workman, under any special law. He has thus claimed a righ...
H.M. Yusuf Vs. Mohammed Shafi and ors.
Court: Rajasthan
Decided on: Feb-08-1974
Reported in: 1974WLN(UC)219
C.M. Lodha, J.1. This is a defendant-tenant's second appeal arising out of a suit for ejectment from a flat. The trial court decreed the suit and the appellate court has affirmed the judgment and decree by the trial court.2. The suit was based on the ground of bonafide personal necessity of the landlord. Though several objections were raised by the appellant in the written statement but at the time of arguments, only Issue No. 3 was argued on his behalf. Issue No. 3 was with respect to the defendant's plea that he had paid rent upto the end of the year 1970. The trial court decided all the issues in favour of the plaintiffs. In the appellate court the defendant wanted to advance arguments on all the issues but the learned appellate Judge debarred him from arguing the other issues except issue No. 3. As regards issue No. 3 he found that the statements of the defendant and his witness D.W. 2 Jenowauddin were unreliable and the payment of rent upto 1970 AD was not proved. This finding app...
Rajasthan State Electricity Board, Jaipur Vs. Rampuria Ice Factory Ltd ...
Court: Rajasthan
Decided on: Feb-07-1974
Reported in: AIR1974Raj192; 1974(7)WLN75
S.N. Modi, J.1. Whether the suit is barred by time is the short question involved in this appeal brought by the defendantagainst the judgment and decree of the Civil Judge, Bikaner, dated 7-12-1971.2. To appreciate the point arising in this case, it is necessary to state a few relevant facts. The plaintiff-respondent had taken electric power connection for running its ice factory at the rate of annas two per unit from the Former Bikaner State. The plaintiff continued to pay at that rate upto 31-3-1952 even though the Bikaner State had, in the meantime, merged in the State of Rajasthan. By notification dated 14-3-1952 issued under the signature of the Chief Engineer, Electrical and Mechanical Department of the State of Rajasthan, the rate of power supplied was increased from annas two to three per unit in Bikaner. The plaintiff paid for the power consumption at the increased rate from 1-4-1952 to 7-11-1962. The validity of the said notification was challenged in a suit filed by one Murl...
Shri Kishan Vs. the State
Court: Rajasthan
Decided on: Feb-07-1974
Reported in: 1974WLN(UC)263
J.P. Jain, J.1. This is an appeal by Shri Kishan who has been convicted Under Section 302 I.P.C. for committing the murder of Ramchanandra and sentenced to imprisonment for life by the judgment dated 22nd June, 1970, of the Addl. Sessions Judge, Baran.2. In the after-noon of 11th August, 1969 Ramchandra was lying on a cot in the Chhapra of Haziri situated in village Khurai. District Kota, Hizari was preparing a rope in the Chhapra of the Nohra of Ramchandra which was just opposite to that of Hazari in the village. Mangilal s/o Ramchndra deceased was also in the Nohra near about the place where Hizari was working. Mishri chowkidar of the village (P.W. 1) happened to pass that way. Ram Chandra called him and told him to bring Ram Singh and the ascused Shri Kishan as he had some court notices to be served on them. After a while Mishri brought Ramsingh ahd Shri Kishan to the chhapra of Hazari. Shri Kishan and Ramsingh had lathies in their hands. Shri Kishan did not go to Ramchandra & he we...
Soondaram and anr. Vs. Rameshwarlal and anr.
Court: Rajasthan
Decided on: Feb-07-1974
Reported in: 1974WLN(UC)287
C.M. Lodha. J.1. This is a defendant-tenants' second appeal arising out of a suit for arrears of rent and ejectment.2. Since on the date of the suit the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 was not applied to Chomu from which this case comes, the plaintiffs claimed ejectment by termination of tenancy, though just in passing, it was also mentioned that the shop was required for the personal necessity of the plaintiffs who are brothers. During the pendency of the suit, the Act was applied to Chomu on 30.3.1967. The defendant tenants resisted the plaintiffs' suit and the trial court by its judgment dated 17.2.1969 dimissed the plaintiffs' suit for ejectment. On appeal by the plaintiffs the learned District Judge, Jaipur Dist, Jaipur decreed the plaintiff's suit. The defendants filed second appeal to this Court which was dismissed by my learned brother Kan Singh J., on 23.1.1973, on a concession being made by the learned Counsel for the appellant that the Act was not...
Pyarelal Alias Papa Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-07-1974
Reported in: 1974WLN155
P.N. Shinghal, J.1. This is a petition by the accused for a revision of the appellate order of learned Additional Sessions Judge No. 1, Jodhpur, dated October 23, 1972, by which be has sent the case back to the Sub-divisional Magistrate of Phalodi for 'trial in accordance with law'.2. The allegation against the accused Pyarelal was that while Sub-divisional Magistrate Roshan Lal was holding his court on September 4, 1972. and was dealing with a criminal case, he entered the court room at about 3.15 p. m. and treated the Sub divisional Magistrate in an uncivilised manner and used indecent language. The learned Magistrate took cognizance of the offence under the provisions of Section 480 Cr P.C. and sentenced the accused to a fine of Rs. 200/. He did not, however, record a finding about the commission of an offence under any particular provision of the Indian Penal Code.3. The petitioner preferred an appeal, which was heard and decided by the learned Additional Sessions Judge as mentione...
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