Rajasthan Court April 1974 Judgments
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Surja Ram Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-08-1974
Reported in: 1974CriLJ1160; 1974(7)WLN276
ORDERB.P. Beri, C.J.1. Surja Ram was convicted under Section 471/467 of the Indian Penal Code to two years' rigorous imprisonment and to Pay a fine of Rs. 500 and in default thereof to undergo further rigorous imprisonment for five months by the learned Assistant Sessions Judge, Hanumangarh by his judgment dated August 31. 1968 for having produced a forged receipt in an execution case in which he was the judgment-debtor. Surja Ram appealed but the learned Additional Sessions Judge No. 2, Sri Ganga-nagar by his judgment dated May 10, 1971 dismissed the appeal. Dissatisfied Surja Ram is before me asking for a revision.2. In execution case No. 59/59 Ramlal was the decree-holder andSurja Ram was the judgment-debtor. It was an instalment decree in which the instalment fixed was of Rs. 500/-. In answer to the execution levied by the decree-holder Surja Ram filed an objection and produced a receipt Ex. P-7 dated 14-6-1959 in an effort to prove that the instalment had already been paid to the ...
Shyam NaraIn Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Apr-08-1974
Reported in: 1974CriLJ1006
ORDERB.P. Beri, C.J.1. Applicant Shyam Narain is the Editor and Publisher of a weekly newspaper 'Jagrati' from Kota, In its issue oil December 19. 1964 he published an open letter addressed to the Minister for Local Self Government. Raiasthan. Jaipur. The author of the letter was Badri Prasad. The Editor's comment was that Badri Prasad had failed to get justice from the administrator of the Municipal Corporation, Kota, and. therefore, the correspondent was compelled to write this open letter to the Minister. The letter contained defamatory allegations against Ayodhyanath Chaturvedi. Prosecuting Inspector. Municipal Council. Kota. He instituted a complaint under Section 500 I.P.C. against Shyam Narain. With Badri Prasad the complainant Ayodhya Nath Chaturvedi compromised the matter at the appellate stage and the sons of Shyam Narain tendered apology which was accepted and the matter was compromised It was not disputed that the allegations contained in that letter in regard to Ayodhya Na...
Chhaganlal Vs. Smt. Sakkha Devi and anr.
Court: Rajasthan
Decided on: Apr-06-1974
Reported in: AIR1975Raj8; 1974(7)WLN301
Kan Singh, J. 1. This appeal is brought under Section 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as the 'Act' by a husband against the judgment of the learned District Judge, Ajmer, dated 30-11-1972 whereby the learned District Judge passed a decree for judicial separation against the appellant-husband in favour of his wife Smt. Sakkha Devi and at the same time ordered the husband to pay interim maintenance to the wife at Rs. 30/- per month under Section 24 of the Act.2. The petition under Section 10 of the Act was made by the wife Smt. Sakkha Devi on 28-2-1968. It was averred by her that Chhaganlal appellant and Smt. Sakkha Devi were married according to the Hindu rites in April, 1953 and that the parties lived together happily as husband and wife in village Tabijee near Ajmer till the month of October, 1963. Since October, 1963. the relations between the two spouses were strained. It was further averred by the wife that the husband had developed illicit intimacy w...
Niranjan Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-05-1974
Reported in: 1974(7)WLN222
Shinghal, J.1. The necessity for this reference has arisen in these circumstances: A writ petition (No. 457 of '1973) was filed by M/s. Bherulal and Company against the State of Rajasthan, the Rajasthan State Road Transport Corporation and three others. There were several other petitions of a similar nature. Some of them came up for admission before Jain, J., on April 6, 1973 and were admitted by him Mr. R.N. Munshi, who was then the Government Advocate, accepted notice on behalf of the respondents the same day and the learned counsel for the petitioners were directed to supply copies of the writ petitions and the stay applications to him. At the same time, interim stay orders were made and the stay applications were ordered to be taken up for hearing on April 16, 1973, on which date those orders were confirmed. Having regard to the urgency of the main cases, it was ordered that they may be listed for hearing on July 9, 1973 and the parties were directed to place the other material on ...
Mahesh Chandra Sharma Vs. State of Rajasthan an anr.
Court: Rajasthan
Decided on: Apr-05-1974
Reported in: 1974WLN564
D.P. Gupta, J.1. The petitioner is a diploma holder in Civil Engineering and was appointed as an Engineering Subordinate in a temporary capacity in the Irrigation Department of the State Government by an order dated December 13, 1966 issued by the Superintending Engineer. Irrigation, Udaipur. One of the terms of his appointment as mentioned to the aforesaid order dated December 13, 1966 was that the service of the petitioner was terminable on one month's notice on either side. It was also mentioned therein that the appointment of the petitioner was for a period of six months or till persons selected by the Rajasthan public Service Commission or surplus bands would become available, whichever was earlier. The petitioner joined as Engineering Subordinate in pursuance of the aforesaid order of appointment on December 27, 1966 and was posted in the Panchayat Samiti, Bheosrodgarh. The petitioner has submitted that although he has worked for more than a year on the aforesaid post, his servic...
Harishchandra and anr. Vs. Kailashchandra and anr.
Court: Rajasthan
Decided on: Apr-03-1974
Reported in: AIR1975Raj14; 1974(7)WLN440
S.N. Modi, J. 1. This first appeal by the defendants is directed against the judgment and decree of the Additional District Judge No. 1, Jaipur City, dated 30-1-71 granting a decree for Rs. 10,993.25 in favour of the legal representatives of deceased-plaintiff Shivballabh. 2. The facts giving rise to this appeal are these; Deceased-plaintiff Shivballabh and defendant-appellant Harinarain were running certain concerns in partnership. Differences arose between the partners with the result that on 30-9-52 it was agreed to dissolve the partnership in respect of all the concerns with effect from 1-10-52. A deed of dissolution was executed on 10-10-52 which runs as follows:-- 'Whereas it has been agreed to between myself and Shri Shivballabh Mandhana that the partnership business carried on under the name and style of Rajasthan Textile Industries shall be dissolved with effect from 1st October, 1952, Shri Harinarain Rathi however desires to continue it. The following arrangement has therefor...
Zahoor Ahmad Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-03-1974
Reported in: 1975CriLJ978; 1974(7)WLN298
ORDERB.P. Beri, C.J.1. On November 22, 1972, the Special Public Prosecutor presented a final report under Section 173, Criminal Procedure Code against Zahoor Ahmed, Assistant Registrar, Co-operative? Department, Jalore, for offences under Section 161, Indian Penal Code and Section 5(2) of the Prevention of Corruption. Act (hereinafter referred to as the-P. C. Act). When the case came ort February 28. 1973, Mr. D. D. Bajai. learned Special Judge, Jalore after examinin't the file observed .that there was a prima. facie case against Zahoor Ahmed under Section 409 of the Indian Penal Code and-he took cognizance of it and registered the case, In regard to the other offences* he approved the final report. The learned' Special Public prosecutor was directed, to furnish copies under. Section 173, Criminal P. C. and Zahoor Ahmed was called by bailable warrant in the sum of* Rs. 2,000/-. Later, for the whole of Rajas-than, a Special Judge came to be appointed at Jaipur and the case therefore tra...
Madho Singh Vs. Ladan and anr.
Court: Rajasthan
Decided on: Apr-03-1974
Reported in: 1974(7)WLN280
B.P. Beri, C.J.1. This is a revision application directed against the order of the Sub-Divisional Magistrate, Churu, dated October 22, 1973, in a proceeding under Section 145 of the Code of Criminal Procedure.2. On October 22, 1973, an application was presented before the Sub-Divisional Magistrate, Churu, by Mst. Ladan widow of Khangsingh and Mst. Sajana widow of Dungarsingh. The latter is the mother-in-law of the former. The application was directed against one Madhosingh and it was unequivocally alleged that the field bearing khasra No. 223 measuring 35 Bighas and 9 Biswas situate in Rohi Dulrasar, Tehsil Sardar Shahar, District Churu. was in their possession and was being cultivated by them. Exploiting the helpless condition of the two widows. Madhosingh was threatening forcible entry into the field and was declaring that he will take away the crop. This occasioned, according to the petitioners, an apprehension of a breach of the peace and the labourers of the widows deserted their ...
Bhagwandas Keshwani and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Apr-03-1974
Reported in: 1974WLN532
M.H. Beg, J.1. The appellants-Bhagwandas Keshwani and Vishnu Kumar before us by grant of leave were, charged under Sections 120B, 420 and 467 & 471 Indian Penal Code. Keshwani was also charged under Section 5, Sub-section (2) read with Sections 5(1)(d) of the Prevention of Corruption Act They were acquitted, of charges, under. Sections 467 and 471 I.P.C. The Special Judge who tried their case convicted Keshwani and Vishnu Kumar under Section 120B and under Section 420 I.P.C. and sentenced them to one year's rigorous imprisonment and to pay a fine of Rs. 500/-, and, in default of payment of fine, to undergo rigorous imprisonment for three months more. The learned Judge convicted & sentenced Keshwani to one year's rigorous imprisonment & under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act and sentenced him to one year's rigorous imprisonment and a fine of Rs. 500/-, & in default of payment of fine to undergo further imprisonment for three months. The sentences we...
Madan Singh Baghela Vs. Gopal and ors.
Court: Rajasthan
Decided on: Apr-01-1974
Reported in: 1975WLN(UC)128
V.P. Tyagi, J.1. This appeal has been filed under Section 46 of the Rajasthan Municipalities Act, 1959, and is directed against the order of the Tribunal (Munsiff Mngistrate), Dholpur, dated February 6, 1973, dismissing the election petition filed by the appellant against the respondent No. 1, who was declared elected to the Municipal Board, Dholpur.2. During the pendency of this appeal, the Municipal Board, Dholpur has been superseded after its term had expired, and the respondent No. 1 Gopal Sarin is no more a member of the said Municipal Board.3. The main ground on which the election of the respondent No. 1 Gopal Sarin was challenged by the appellant was that the respondent having incurred disqualifications under Section 26(12) of the Act was not competent to contest the election Besides this ground, various other objections to the election were taken by the appellant including certain allegations regarding corrupt practice committed by the respondent No. 1 during the course of elec...
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