Rajasthan Court September 1974 Judgments
Sakri Vs. Chhanwarlal
Court: Rajasthan
Decided on: Sep-30-1974
Reported in: AIR1975Raj134; 1974(7)WLN965
Kan Singh, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955, hereinafter to be referred as 'the Act', by a wife against whom the learned District Judge has passed a decree for restitution of conjugal rights under Section 9 of the Act.2. The parties, who were. Hindus, were married according to Hindu rites on 4-5-65 (Baisakh Sudi 3, Samvat year 2022) at Jodh-pur. The husband averred that after the marriage was celebrated the wife did not live with him. He made several attempts to induce his in-laws to scad his wife, but they did not heed. He, therefore, made the application under Section 9 of the Act in the court of the learned District Judge on 14-12-1968. The wife appeared to be a minor at the time the proceedings were commenced and,therefore, a guardian ad litem was appointed for her. The guardian ad litem resisted the application on a number of grounds. It was pleaded that there was no 'Muklava' ceremony and, therefore, the marriage was not complete and then th...
Tag this Judgment!Ramjilal Vs. Ramkishan
Court: Rajasthan
Decided on: Sep-30-1974
Reported in: AIR1975Raj167; 1974(7)WLN919
Jain, J. 1. In view of the import-ance of the question of law involved in the case, a learned Single Judse of this Court referred it to a larger Bench. The reference has been entrusted to us for disposal.2. The facts which lead to this reference can be briefly stated as follows :Ramjilal plaintiff had a shop in the town of Hindaun. According to him. it was newly constructed on 23-4-1959. The said shop was rented out to Ramkishan defendant on 14-9-1962 on a monthly rent of Rs. 50/-. After some time, Ramjilal needed the shop for his son who wanted to start dry cleaning business and with a view to evict the tenant, he determined the tenancy by a notice which was served on Ramkishan on 29-6-1964. On his failure to surrender possession, a suit for ejectment and for arrears of rent was instituted by Ramiilal against the tenant in the Court of Munsif, Hindaum on 27-8-1964.3. Ramkishan defendant denied that the shop was newly constructed. He pleaded that he had been the tenant in the shop much...
Tag this Judgment!Firoj Jal Moti Shaw Vs. Jagdish Prasad
Court: Rajasthan
Decided on: Sep-30-1974
Reported in: 1974WLN823
S.N. Modi, J.1. Appellant Firoj Jal Moti Shaw and respondent Jagdish Prasad were candidates for the general seat from ward No. 6 for election as members to the Mount AbuMunicipality. Mount Abu, hereinafter to be referred to as the municipality From the same ward. Bala was candidate for the reserved seat, The elections took place on 26-10-70 and the appellant and Bala were declared duly elected from ward No. 6 for the respondent who general election and reserved seats respetively. The secured less votes than the appellant, presented an election petition Under Section 34 of theRajasthan Municipality Act, 1959, hereinafter to be referred as the Act, calling in question the election of the appellant as also of Bala on the ground that both of them were guilty of corrupt practices. An additional ground was also taken by the respondent that the appellant was disqualified for being elected as member by reason of Clause (xii) of Section 26 of the Act. It was contended that the appellant on acco...
Tag this Judgment!Dr. D.C. JaIn Vs. the University of Jodhpur
Court: Rajasthan
Decided on: Sep-26-1974
Reported in: 1974WLN986
Kan Singh, J.1. This is a writ petition under Article 226 of the Constitution filed by one Dr. D.C. Jain questioning the validity of a resolution of the Syndicate of the jodhpur University No. 174 dated 21/22/23rd November, 1973 and seeking an appropriate writ, direction or order.2. The writ petition is a sequel to an earlier writ petition filed by Dr D.C. Jam No. 723 of 1973 against the University and Shri S.C. Thanvi, respondent No. 2, for a writ of quo warranto. There was a stay application moved in that writ petition by the petitioner Dr. D.C. Jain restraining the University from continuing Shri S.C. Thanvi as Professor and Dean in the Faculty of Law after his retirement on 9-10-74 The University opposed the stay application and in its reply to that stay application took the stand that in view of the aforesaid resolution of the Syndicate there would be no need to pass any order for continuing Shri S.C. Thanvi as Professor in the Faculty of Law, but in terms of the resolution there ...
Tag this Judgment!Kailash Chandra and ors. Vs. Sohan Lal and ors.
Court: Rajasthan
Decided on: Sep-26-1974
Reported in: 1974WLN833
B.P. Beri, C.J.1. This is a petition under Article 226 of the Constitution of India, wherein the petitioner prays that the orders of the Additional Commissioner II, Jaipur, dated August 16, 1960 and that of the Board of Revenue, Rajasthan, Ajmer, dated August 11,1985 be quashed and the decree of the Assistant Collector (S D O), Alwar, dated November 30, 1957, and June 13, 1960, be restored.2. Way back on January 6, 1888, a patta was issued by the then Alwar State in the name of ancestor of the petitioners nomad Mansa Ram, for the purpose of the constrution of Dharmashala, house, cultivating an orchard and digging of well for the benefit of the passengers On May 24, 1949, the petitioner Badriprasad gave a Theka to respondents Nos. 1 and 2 for a period of 5 years and the consideration agreed upon was that the respondents Nos 1 and 2 will pay Rs. 400/ per annum by way of Theka money On September 16, 1957, the respondent) made default in the payment and a sum of Rs. 600/-became due for a p...
Tag this Judgment!Bhagwan Das and Nathmal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-25-1974
Reported in: 1974WLN839
1. The petitioners in these two writ petitions complain that their liberty has been infringed on account of their unlawful detention under the provisions of the Maintenance of Internal Security Act, 1971 (hereinafter called 'the Act'). We shall examine the validity and legality of their detention in the light of the fundamental right enshrined in Article 22 of the Constitution of India and the procedural safeguards provided under the Act.2 As the case of both the petitioners is common and the grounds of their detention are identical, it would be proper to dispese of both the petitions by a common order. We will, however, mention the facts with reference to the writ petition No. 2223 of 1974.3. The facts are brief and simple The two petitioners namely, Bhagwan Das, and Nathmal, are brothers and ate partners carrying on their partnership business at Sikar under the name and style of M/s Ramesh Kumar Bhagwan Das. They deal in general merchandise and according to them, they carried on thei...
Tag this Judgment!State of Rajasthan Vs. Sahab Ram
Court: Rajasthan
Decided on: Sep-20-1974
Reported in: 1974WLN785
J.P. Jain, J.1. Sentence of death passed on Sahab Ram for having committed triple murder, by the Sessions Judge, Sriganganagar, has given rise to the murder reference No 1/74 Sahab ram was also held liable for attempt to murder three more persons and convicted Under Section 307 IPC. with a sentence of 10 years, rigorous imprisonment By his appeals, one from jail and the o her through his counsel, he has challenged his conviction and sentence This judgment will dispose of all the three matters.2. In village Khedhasri under police station Rawatsar, District Ganganagar, Het Ram (P.W. 2) had 20 Big has of land under temporary allotment for (sic), Bhiya Ram jat had also 20 Bighas, and Mslloo Ram Harijan had another 15 bighas of land for cultivation on similar terms from the Government. Out of this land Sahab Ram accused was allotted some land in exchange of his original land which was acquired by the Government. Het Ram, Bhiya Ram and Malloo Ram challenged the allotment in favour of Sahab R...
Tag this Judgment!Puran Chand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-18-1974
Reported in: 1974WLN731
Kan Singh, J.1. This is a writ petition by one Puran Chand, a member of the Rajasthan Armed Constabulary, for an appropriate writ, direction or order. He has prayed that the respondents be res rained from holding the qualifying test from he 5th January, 1970 at Jodhpur and further the respondents be directed to put the name of the petitioner on the approved list of the Head Constable for promotion to the Platoon Commander and to promote him in accordance with the Rajasthan Police Subordinate Service Rules, 1966, He has also prayed for some ancillary reliefs.2. The petitioner was enrolled as a Constable in the Rajasthan Armed Constabulary in the year 1951. In 1953 he came to be promoted as a Head Constable in the Rajasthan Armed Constabulary. In the year 1966 he was posted in the North Eastern Frontier Agency in the 8th Battalion of the Rajasthan Armed Constbulary. On 19.7.66, the Deputy Inspector General, Rajasthan Armed Constabulary, Jodhpur sent a circular to all the Battalion Comman...
Tag this Judgment!indrapuri Griha Nirman Sahakari Samiti Ltd. Vs. the State of Rajasthan ...
Court: Rajasthan
Decided on: Sep-17-1974
Reported in: 1974WLN876
A.N. Ray, C.J.1. These appeals are by special leave from the judgment dated 12th April, 1973 of the Rajasthan High Court.2. The State of Rajasthan proposed to acquire land for the planned development of the city of Jaipur.3. On 13th May 1960 a notice was issued under Section 4 of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred to as the Act) which was published in the Rajasthan Gazette on 9th June, 1960 No objection was made Under Section 5A of the Act A notice under Section 6 of the Act was published on 11th May, 1961. On 18th July 1931 notices under Section 9 of the Act were issued 63 persons including the predecessor in title of the appellant in Civil Appeal No. 943 of 1973 filed claims. 4. An award under the Act was made on 9 January, 1964. On 9th July, 1964 the award was amended because of certain transactions of sale of portions of the land5. Writ petitions were filed on 23rd January 1970. The appellants challenged the validity of the notifications dated 13th May 1...
Tag this Judgment!Hiro Badlani Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-12-1974
Reported in: 1974WLN673
Kan Singh, J.1. This is a writ petition under Article 226 of the Constitution by one Shri Hiro Badlani and raises the question about his fixation in Rajasthan Statistical Service on being rendered surplus in the Directorate of Economics and Industrial Surveys The petitioner prays that the State may be directed to absorb him on the post of an Assistant Director from the date he was declared surplus in the Directorate of Economics and Industrial Survey and further give him all consequential benefits. In the alternative, he prays that the State be directed to confirm the petitioner on the post of a Statistician from the date the first vacancy occurred after his absorption as Statistician in the Directorate of Economics and Statistics in preference to respondents No 7, and 12 to 20.2. The facts are not in dispute and may be briefly recaptulated. The petitioners was first appointed as a Statistician in the Directorate of Economics and Industrial Surveys on 11.7.59 on temporary basis He held...
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