Rajasthan Court April 1974 Judgments
Gupeshwar Bhatt Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-28-1974
Reported in: (1976)ILLJ198Raj
ORDERKan Singh, J.1. The petitioner belongs to the Rajasthan Administrative Service, to be shortly stated hereinafter as the 'R.A.S.', constituted by the Rajasthan Administrative Service Rules, 1954, hereinafter to be referred, as the R.A.S. Rules. He joined this service on 26-8-55 as Assistant Collector and Magistrate and was confirmed in the R.A.S. on 27-8-57. The R.A.S. comprises of three scales of pay:, one is the ordinary time scale 375-850, the other is the senior scale 700-1,100, and third is the selection grade 1,100-1,500. The promotion to the senior scale of the R.A.S. from the ordinary scale of the R.A.S. is both on the basis of seniority-cum-merit as well as strictly on merit. Likewise, the selection to the selection grade is from the senior scale and this is again both on the basis of seniority-cum-merit and strictly on merit. The petitioner was selected in the selection grade of the R.A.S. strictly on the basis of merit, i.e., against the merit quota, in January, 1967. He...
Tag this Judgment!Gopeswar Bhatt Vs. State of Rajasthan an ors.
Court: Rajasthan
Decided on: Apr-25-1974
Reported in: 1974WLN351
Kan Singh, J.1. The case before me is an aftermath of what is known as Guman Singh's case reported as Guman Singh v. State of Rajasthan : (1971)2SCC452 .2. The petitioner belongs to the Rajasthan Administrative Service, to be shortly stated hereinafter as the 'R.A.S.', constituted by the Rajasthan Administrative Service Rules, 1954, hereinafter to be referred as the 'R.A.S. Rules'. He joined this service on 26.8.55 as Assistant Collector and Magistrate and was confirmed in the R.A.S. on 27.8 57. The R.A.S. comprises of three scales of pay; one is the ordinary time scale 375 850, the other is the senior scale 700-1100, and the third is the selection grade 1100-1500. The promotion to the senior scale of the R.A.S. from the ordinary scale of the R.A.S. is both on the basis of seniority-cum-merit; as well as strictly on merit., Likewise, the selection to the selection grade is from the senior -scale and this is again both on the basis of seniority-cum-merit and strictly on merit. The petit...
Tag this Judgment!Sobhraj Vs. Bhanwar Lal
Court: Rajasthan
Decided on: Apr-22-1974
Reported in: AIR1975Raj196; 1974(7)WLN270
C.M. Lodha, J. 1. This is a defendant-tenant's second appeal arising out of a suit for ejectment in respect of a portion of a house situated in the city of Ajmer. 2. The suit was based on three grounds:-- (i) default in payment of rent for theperiod 13-1-1968 to 31-12-1968; (ii) material alterations having been made in the suit premises by the defendants without permission of the landlord; and (iii) sub-letting a part of the premises by the tenant without the consent of the plaintiff. 3. It may be stated here that the plaintiff had previously filed a suit for ejectment in respect of the suit premises against the defendant which was registered as Civil Suit No. 270 of 1964: That suit for ejectment was also based on default of payment of rent. On the introduction of Section 13-A in the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (which will hereinafter be referred to as 'the Act'), the defendant deposited the arrears of rent along with interest and costs of the suit so ...
Tag this Judgment!JainuddIn Vs. Shrimati Gulab and ors.
Court: Rajasthan
Decided on: Apr-18-1974
Reported in: AIR1975Raj25; 1974(7)WLN435
C.M. Lodha, J. 1. This is a second ap-peal by one Jainuddin, an alleged subtenant, whose appeal from the judgment and decree bv the trial court dated 12-3-1970 was dismissed by the learned Additional Civil Judge, Aimer. 2. The appellant was admittedly inducted as a tenant by the defendant No. 2 Ramdas, who died during the pen-demcy of this litigation and is now represented by his heirs respondents Nos. 2/1 to 2/7. The suit was instituted by Smt. Gulab for ejectment in respect of the premises in question against Ramdas alleging him to be her tenant, and Heeralal and Jainuddin, alleged to be his sub-tenants. Smt. Gulab was Ram das's brother's widow. She too has died during the pendency of his appeal and the heirs of Ramdas have been treated as her legal representatives, 3. The dispute between the par-ties lies within a narrow compass. Smt. Gulab had, previously instituted a suit for rendition of accounts and for removal of defendant Ramdas from the management of the joint family business...
Tag this Judgment!Dr. A.K. Datta Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-18-1974
Reported in: 1974WLN342
ORDERWhereas it is alleged:1. That Dr. A. K. Datta while working as Officer-in-Charge, Desert and Gangetic Planes, Zoological Survey of India, Jodhpu, during the period of January-September 1962, entered into a criminal conspiracy with his clerk Chandan Singh, LDC, of the said office, to commit the offences of criminal misconduct in the discharge of official duties by dishonestly drawing and showing the disbursement and also certifying the payment of wages to various fictitious persons namely Smt. Rukma, Smt. Kesar Bai and Smt. Radha Kishan Pyari, alleged to have been employed as casual labourers in the said office; when no such person of the said name had ever worked nor any amounts as wages were due to them and misappropriated to said documents or allowed the co-conspirator to do the same.2. That further in pursuance of the said conspiracy the wages at the rate of Rs. 2/- per day of the said fictitious casual labourers were drawn for the periods mentioned below and their respective a...
Tag this Judgment!Brij Vallabh Singh Mehta Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-16-1974
Reported in: 1974WLN419
Kan Singh, J.1. Shri Brij Vallabh Singh Mehta, who is a member of the Rajasthan Administrative Service to be shortly described as R.A.S. seeks an appropriate writ, direction or order (i) for quashing the appointment of respondent Shri Brahma Dutt Sharma to the selection of the R.A.S. made with effect from 26.12.70, (ii) to ordain the State Government to appoint the petitioner to the selection scale of the R.A.S. vide Shri Brahma Dutt Sharma with effect from 26 12 70, (ii) in the alternative the respondents be directed to get the case of the petitioner reconsidered for appointment to the selection scale by the Departmental Promotion Committee, as there would be one vacancy in the selection grade from 26 12 70 Consequential reliefs are prayed for if any of the above prayers are allowed for directing the Union of India and the State of Rajasthan restraining them from giving effect to the orders of appointments by promotion to respondents Nos. 3 to 32 to the selection grade.2. Further, if ...
Tag this Judgment!The State of Rajasthan Vs. the Bank of Rajasthan Ltd. and anr.
Court: Rajasthan
Decided on: Apr-15-1974
Reported in: 1975WLN(UC)169
V.P. Tyagi, J.1. This is a State appeal against the judgment and decree of the Additional District Judge, Jhalawar, dated March 20, 1973. whereby a suit filed by the State for the realisation of Rs. 5,200/- from the Bank of Rajasthan Ltd. Jhalawar. against firm Nand Ram Shankar Lal of Jhalawar, was dismissed by the trial court.2 Facts giving rise to this litigation are in nutshell, as follows: Defendant No. 2 firm Nand Ram Shanker Lal was appointed in the year 1950-51 as a importer for cloth by the Civil Supplies Department of the State of Rajasthan for importing cloth to be sold in the District of Jhalawar. It is alleged that the firm was required to furnish a security for Rs. 5 000/-. According to the plaintiff's case the defendant firm M/S Nand Ram Shinker Lal deposited an amount of Rs. 5,000/- in the Jhalawar State Bank and the said Bank stood as a surety to guarantee to payment to tae State to the extent of Rs. 5,000/- vide letter of the Bank dated 26 5 50. The Jhalawar State Bank...
Tag this Judgment!Babulal Ajmera Vs. the State Bank of Bikaner and Jaipur Through Its Ge ...
Court: Rajasthan
Decided on: Apr-12-1974
Reported in: 1974WLN288
S.N. Modi, J.1. This appeal by the plaintiff Babulal is directed against the judgment and decree of the Additional District Judge No. 1, Jaipur City, dated 11 3-72. Briefly stated, the relevant facts leading to this litigation are as follows.2. The plaintiff was appointed as a temporary cashier by the Manager of the then Bank of Jaipur Ltd. vide his letter dated 22 11 66. He was confirmed as a cash clerk on 27 5 67. In accordance with the terms and conditions sanctioned by the Central Government under Section 38 of the State Bank of India (Subsidiary Banks) Act, 1959, the assets and liabilities of the Bank of Jaipur Ltd. were taken over by the State Bank of Bikaner and by virtue of the notification dated 18 12-t2 issued by the Central Government under Section 3(A) of (be said Act, the name of the State Bank of Bikaner was changed into the State Bank of B leaner and Jaipur from 11-63 The plaintiff then became an employee of the State Bank of Bikarer and Jaipur, hereinafter called as the...
Tag this Judgment!Durgadan Vs. Devidan
Court: Rajasthan
Decided on: Apr-10-1974
Reported in: 1974WLN314
Kan Singh, J.1. This is a defendant's second appeal arising out of a suit for specific performance of a contract of sale of an agricultural land measuring 7 Bighas 5 Biswas comprised in Khasras Nos. 488 and 489 situated in village Padu, Tensil Meita, District Nagaur.2. The plaintiff came forward with the case that on 29 6 67 the defendant agreed to sell him his agricultural land for Rs. 1,001/- and executed a sale deed on a stamp paper, but he refused to have it registered. He further averred that he was always ready and willing to perform his part of the contract for bearing the expenses for registration. In the alternative the plaintiff prayed for refund of the money paid by him to the defendant.3 The defendant contested the suit. He denied that he entered it>to any contract of sale with the plaintiff, as alleged. He further denied the execution of the sale document as also the receipt acknowledging the payment of Rs. 1,001/- to him. He further raised the plea that the suit was triab...
Tag this Judgment!Hari Singh Vs. Smt. Sireh Kanwar and ors.
Court: Rajasthan
Decided on: Apr-08-1974
Reported in: AIR1974Raj197; 1974(7)WLN398
ORDERB.P. Beri, C.J.1. Smt Sireh Kanwar, widow of late Raja Kan Singh, instituted a suit for partition of certain immovable and movable properties in the court of Senior Civil Judge No. 1, Jaipur City, on December 22, 1967. The defendants in the suit were the son and other heirs of the Raja as would be evident from the genealogical table to which I shall presently refer. Harisingh son of the Raja Kan Singh by Smt. Sireh Kanwar resisted the suit while some other defendants pressed for partition. A preliminary issue was struck reading:'Whether the plaintiff is not entitled to file a suit for partition of immovable property?'The suit travelled to the Court of Additional District Judge No. 1, Jaipur City, and the learned Judge by his order dated September 6, 1971 held that Smt. Sireh Kanwar was competent to institute the suit because Section 31 of the Hindu Succession Act, 1956 (hereinafter referred to as 'the Succession Act') merely repealed the Hindu Women's Rights to Property Act, 1937 ...
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