Rajasthan Court July 1974 Judgments
Deenanath Vs. Chunnilal
Court: Rajasthan
Decided on: Jul-31-1974
Reported in: AIR1975Raj69; 1974(7)WLN769
S.N. Modi, J.1. This is an appeal by plaintiff Deenanath against the judgment and decree of the Civil Judge, Udaipur, dated 30-11-1972 dismissing the plaintiff's suit for specific performance of an agreement to sell certain agricultural land.2. On 22-2-1964 defendant-respondent Chunnilal entered into an agreement with the plaintiff to sell his khatedari rights in 11 bighas 6 biswas of land of Khata No. 223 situated at village Avad, tehsil Girwa, district Udaipur for Rupees 13,000. In pursuance of the said agreement, the defendant-respondent received Rs. 1,000 from the plaintiff as part payment of the sale-price and executed the agreement Ex. A/1 in, favour of the plaintiff. It was agreed between the parties that the plaintiff shall pay the balance of the sale-price at the time of the registration of the sale-deed. The plaintiff averred in the plaint that he was ready and willing to perform his part of the contract but the defendant on some pretext or other avoided to execute the sale-d...
Tag this Judgment!Balwantsingh Vs. Rajaram
Court: Rajasthan
Decided on: Jul-29-1974
Reported in: AIR1975Raj73; 1974(7)WLN555
S.N. Modi, J.1. This is an appeal by defendant Balwant Singh against the judgment and decree of the learned Additional District Judge, Alwar. whereby he decreed the suit for specific performance of an agreement to sell agricultural land.2. Under the provisions of the Rajasthan Land Revenue (Permanent Allotment of Evacuee Agricultural Lands) Rules, 1963, hereinafter described as the Rules, the defendant, who was a non-claimant displaced person was allotted 14 bighas and 8 biswas of agricultural land situated at village Noornagar, tehsil Kishengarh, district Alwar, fully described in para 1 of the plaint. On 17-10-1966 the defendant entered into an agreement to sell the said land to the plaintiff at the rate of Rs. 1.000 per bigha and received Rs. 500 as earnest money. He also delivered possession of a portion of the land measuring 3 bighas 14 biswas of khasra No. 256 to the plaintiff and further promised to execute a sale-deed and get it registered in favour of the plaintiff on receipt ...
Tag this Judgment!Amarihanad Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-29-1974
Reported in: 1974WLN743
Kan Singh, J.1. This is a writ petition under Article 226 of the Constitution by one Shri Amarchand, a Senior Teacher in the Education Department of Rajasthan, for an appropriate writ, direction or order. The petitioner questions the vires of a portion of the Schedule appended to the Rajasthan Educational Service Rules, 1970, hereinafter to be referred as ''the Rules,' occurring in Group F thereof whereby the Teachers in Grade II have been placed at par with Senior Teachers for purposes of promotion to Rajasthan Educational Service The petitioner prays that this rule be struck down and the Government directed to comply with the provisions of Rule 24 of the Rules before making promotions to the Rajasthan Educational Service from the Rajasthan Educational Subordinate Service on the basis of seniority-cum-merit.2. The petitioner obtained his Master's Degree in Commerce in the year 1952 and his Bachelor's Degree in Education in the year 1959 He entered Government service as a Teacher in th...
Tag this Judgment!Godika Transport Co. and anr. Vs. T.A.T., Jaipur and ors.
Court: Rajasthan
Decided on: Jul-26-1974
Reported in: AIR1975Raj174; 1974(7)WLN701
ORDERM.L. Joshi, J. 1. These are two writ petitions under Article 226 of the Constitution of India wherein it has been praved that the order of the T. A. T. dated 22-8-1969 be quashed and any other writ, direction or order which may be appro-priate be Passed in the case.2. Both the petitions involve common questions of law and fact and learned counsel for the parties agreed that a decision in one case will govern the other case also. As the arguments have been addressed in M/s. Godika Transport Co. v. T. A. T., Jaipur and other's case (S. B. Civil Writ Petn. No. 1217/69) I will give facts from that case only for appreciating the points involved in both the writ petitions. M/s. Godika Transport Co., is a registered partnership firm. The said firm submitted an application for grant of non-temporary public carrier permit on 11-3-1968 to the Regional Transport Authority Jaipur for All Rajasthan and Guiarat State. The said petition was published in the Rajasthan Rajpatra dt 25-4-1968 inviti...
Tag this Judgment!Banwarilal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-25-1974
Reported in: 1975CriLJ1450; 1974(7)WLN499; 1974(7)WLN518
V.P. Tyagi, J. 1. The detention of the petitioner under Section 3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971 (hereinafter called the Act) ordered by the District Magistrate, Ganganagar on 30th of May, 1974, has been challenged before us, inter alia, on three grounds, viz. (1) that the grounds supplied to the petitioner by the District Magistrate do not disclose the satisfaction of the detaining authority, (2) that the prosecution of the petitioner for the acts which formed the ground for detention vitiates the impugned order, and (3) that the order passed by the detaining authority is mala fide.2. The petitioner was served with the grounds of detention by the District Magistrate on 1st of June, 1974, which contained that the petitioner, who was carrying on business of a Kirana merchant in Hanumangarh town, was convicted by the Magistrate First Class, Hanumangarh, in case No. 294/1968 on 3rd of December, 1973 for selling adulterated vinegar (Sirka) and that the sample ...
Tag this Judgment!Mahavir Prasad Pancholi Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-23-1974
Reported in: (1975)ILLJ140Raj
Kan Singh, J.1. This is a writ petition under Article 226 of the Constitution by one Shri Mahavir Prasad Pancholi challenging his fixation in the Municipal Service constituted under the Rajasthan Municipal Service Rules 1963, vide order Ex. 4 dated 15-5-69.2. The petitioner entered service in the Municipal Board, Kota as a Taxation Officer in the grade of Rs. 100-5-150-EB-10-200 on 28.6-51. In 1953, the post of Taxation Officer was re-designated as Revenue Officer. The grade allowed to the petitioner with effect from 1-4-53 was Rs. 120-5-150-15/2-240 vide order of the State Government dated 23-4-57. The Kota Municipal Board was raised to the status of the Municipal Council from 17-10-59 and the petitioner's post was designated as Revenue Officer, Municipal Council, Kota. The question of integration of Revenue Officers in the Municipal Service was taken up. The petitioner submits that on 31-3-60, which is the crucial date for purposes of fixation in the integrated set up, he was holding...
Tag this Judgment!Murari Lal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-22-1974
Reported in: 1974WLN(UC)351
B.P. Beri, C.J.1. Murarilal stands convicted Under Section 466, Indian Penal Code, and sentenced to six months rigorous imprisonment and a fine of Rs. 1,000/- by the Assistant Sessions Judge Hanumangarh which was maintained in appeal, by the learned Sessions Judge, Ganganagar. He has now come up in revision before me.2. Jai Lal carries on business in the name and style of M/S Karam-chand Jailal at Dabli Rathan and Murarilal carries on business in the name and style of M/S Murarilal Subhaschandra at Hanumangarh Junction. They had dealings with one another On March 25, 1967, Murarilal took a loan of Rs. 10,000/- and an entry to that effect Ex. P/2 was singed by Murarilal in the bahi of Jailal. On June 28, 1967 Jailal demanded the return of his money and Murari Lal asked him to come to his shop at Hanumangarh and check up the accounts. When the accounts were tallied with the bahi of Muratilal it contained entries totalling Rs. 7,600/- as entries of debit against Jai Lal who was annoyed on...
Tag this Judgment!Chhitarmal and anr. Vs. Motilal and ors.
Court: Rajasthan
Decided on: Jul-22-1974
Reported in: 1974WLN523
S.N. Modi, J.1. The suit for pre-emption having been decreed by the court below, the defendant-vendees have preferred this appeal on the ground that the property sought to be per-empted, namely, the roof of the shops, being indivisible part of the shops, no right of pre-emption accrues to the plaintiff-respondents under Section 5(1)(a) of the Rajasthan Pre-emption Act, 1966 The learned District Judge has held that Section 5 of the said Act is not applicable to the property in dispute. Mr. M.B.L. Bhargava, the learned advocate, challenges the correctness of the above finding.2. In order to appreciate the point involved in this appeal, it is necessary to narrate the relevant facts which are no longer in dispute.3. Ramdayal and his sons owned three shops at Alwar in the northern line on west southern corner of Kedalganj market. The said three shops have one common stair-case leading to the roofs of all the three shops. Each shop has a verandah in its front comprising of a chabutri covered...
Tag this Judgment!Bhagwan Das Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-18-1974
Reported in: 1974WLN684
H.R. Khanna, J.1. Bhagwan Das (25) was convicted by learned Sessions Judge, Udaipur under Section 302 Indian Penal Code for causing the death of three persons Manna (35), Smt Dhulki (45) and Heerka (25) and was sentenced to death. Bhagwan Das was also convicted under Section 307 Indian Penal Code for causing injuries to Chunki (50). In view of the sentence of death, no separate sentence was imposed upon the accuse for the offence under Section 307. On appeal and reference the Rajasthan High Court affirmed the judgment of the trial court. Bhagwan Dass thereafter filed the present appeal by special leave.2. The prosecution. case is that Bhagwan Dass accused is a resident of village Dhol Wardi (DWI) the younger sister of the accused was married to Bheru Dass (PW 5) of village Sancholi at a distance of about four miles from Dnol Manna deceased was the uncle of Bheru Dass, while Dhulki was the latter's grandmo her. Manna Dhulki, Bheru Dass as well as PW Chunki (50), who made her living by g...
Tag this Judgment!Panchayat Samiti Vs. Moti Singh
Court: Rajasthan
Decided on: Jul-17-1974
Reported in: 1974WLN553
C.M. Lodha, J.1. This is a defendant's second appeal in a suit for recovery for Rs. 1,188.31 P.2. Motisingh, plaintiff respondent, was Sarpanch of Gram Panchayat Naya Sanwara and during his term of office a loan was sanctioned by the Development Block, Pindwara, for constructing a small bridge in village Naya Sanwara. The work of constructing the bridge was entrusted to the Gram Panchayat and the plaintiff in his capacity as Sarpanch received an amount of Rs. 959.75 P. on 1411.57 for being spent on the project. The Plaintiff's case is that he deposited the amount with the Gram Panchayat However, as the Gram Panchayat failed to carry out construction of the bridge and so Shri S.K. Arain, the then Vikas Adhikari, Development Block, Pindwara, asked for return of the said amount of Rs. 959.75 P. The plaintiff's allegation is that on 22.1.58 he withdrew the amount from the Panchayat end paid Rs. 800/ to Shri R.R. Khargavat, Industrial Extension Officer. It is further stated by him that for ...
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