Rajasthan Court September 1974 Judgments
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D.S. Kothari and anr. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-12-1974
Reported in: 1974WLN596
1. These two appeals arise out of the order passed by the, learned Single Judge dated April 25, 1974 by which he accepted the writ petition filed by the respondent Gopeshwar Bhatt and held that the order of the State Government dated April 2, 1973 regarding the, substantive appointments to the Selection grade of the Rajasthan Administrative Service (hereinafter referred to as the 'Service') was bad in law and struck down the same qua Gopeshwar Bhatt, who was the petitioner in the writ petition.2. Really speaking the controversy in the present case is anoff shoot of the decision of their Lordships of the Supreme Court in Guman Singh v. State of Rajasthan and Ors. 1971 (2) SC 452.3. The relevant facts briefly stated are that the appellants in appeal No. 84 of 1974 as well as the respondent No. 5 to 9 are members of the Service which was initially constituted in the year 1950 and the rules governing the conditions of the members of the Service were framed in 1954 under Article 309 of the ...
Ram Bux and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-11-1974
Reported in: 1974WLN687
B.P. Beri, C.J.1. By his judgment dated April 22, 1074, Tyagi J dismissed three petitions under Article 226 of the Constitution of India which had challenged the provisions of Section 297-A of the Rajasthan Municipalities Act, 1959 (hereinafter called 'the Act') and the Regulations made by the State Government thereunder (hereinafter called 'the Regulations') on the ground of their being violative of Articles 19(1)(f)(g) and 14 and 31 of the Constitution of India. Before the teemed single Judge it was conceded by the leraned Counsel appearing for the petitioner, who are the appellants before us, that by virtue of Article 358 of the Constitution of Indra the provisions of Article 19 were put in abeyance and, therefore, the attack was confined before him that some of the regulations were in excess of the powers under Section 297 A of the Act and they were also discriminatory under Article 14 of the Constitution Aggrieved by the dismissal of their petitions the appellants have come up in ...
inderdeo Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-07-1974
Reported in: 1974WLN660
B.P. Beri, C.J.1. The learned Additional Sessions Judge, Ajmer, by his order dated March 18, 1974 has recommended to this Court that that the order, of the learned Sub-Divisional Magistrate, Kishangarh, whereby he rejected the application of the petitioner Inderdeo Singh Yadav under Section 403 of the Code of Criminal Procedure, be quashed2. The facts of this case briefly stated are that the accused, who was a member of the Central Reserve Police, was found in possession of two full and one empty cartridge of 303 bore when his luggage was searched by the Central Receive Police officials. He was prosecuted before the Assistant Commandant, Central Reserve Police, who exercising powers of Second Class Magistrate, convicted him under Section 10 of the C R P P, Act, 1949. There-after the police presented a challan against the accused for an offence punishable under Section 25 of the Arms Act on the same set of facts. The accused made an application before the Sub Divisional Magistrate that ...
The Manager, Sasta Sahitya Press Ltd. Vs. Rampal and ors.
Court: Rajasthan
Decided on: Sep-05-1974
Reported in: AIR1975Raj20; 1974(7)WLN691
B.P. Beri, C.J. 1. This is an appeal under Section 18 of the Rajasthan High Court Ordinance directed against the judgment of a learned Single Judge dated 3-7-1973. 2. The material facts which need to be recalled are these: Landlords instituted a suit for ejectment and recovery of rent on the ground of nonpayment of rent for six months against the tenants of a property situate on Kacheri. Road. Aimer. An application was moved by one of the tenants under Section 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act (hereinafter called 'the Act') for the deposit of the arrears of rent. Arguments on the application were heard on May 24, 1968 and the trial Court directed the tenants to deposit arrears of rent together with interest by July 10. 1968 and the future rent by the 15th of every month. Time was extended up to 22-7-1968. An application was presented by the landlords on 7-3-1970 praying that the defence of the defendants be struck of under Section 13 (6) of the Act on t...
Union of India and ors. Vs. Madharam Verma
Court: Rajasthan
Decided on: Sep-05-1974
Reported in: (1975)IILLJ160Raj; 1974(7)WLN628
B.P. Beri, C. J.1. A learned single Judge of this Court by his judgment dated March 30, 1972 set aside an order retiring Madhoram Verma from Railway service on his completing 58 years and directed the Union of India and others to pass proper orders in accordance with Rule 2046(2)(a) of the Railway Establishment Code (hereinafter referred to as 'R. II') within 6 months. The Union of India and others have come up in appeal.2. The facts of this case are not in dispute. Madhoram Verma, the respond before us, joined the former Bikaner State Railway as a clerk on February 1, 1929. The Union of India took over the Bikaner State Railway on April 1, 1950 and even then Verma was working as a clerk and, therefore, he was a member of the ministerial staff. He was given an option to elect the Central Pay Commission Scale of Pay, abbreviated as 'CPC Scale', or to retain his scale of pay and conditions of service as were prevalent in the ex-Bikaner State Railway. He opted for the 'CPC Scale'. Accordi...
Ram Bux and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-04-1974
Reported in: AIR1975Raj58
B.P. Beri, C.J.1. By his iudgment dated April 22, 1974 Tyagi, J. dismissed three petitions under Article 226 of the Constitution of India which had challenged the provisions of Section 297-A of the Rajasthan Municipalities Act, 1959 thereinafter called 'the Act') and the Regulations made by the State Government thereunder (hereinafter called 'the Regulations') on the ground of their being violative of Articles 19(1)(f)(g) and 14 and 31 of the Constitution of India. Before the learned single Judge it was conceded by the learned counsel appearing for the petitioners, who are the appellants before us, that by virtue of Article 358 of the Constitution of India the provisions of Article 19 were put in abeyance and, therefore, the attack was confined before him that some of the regulations were in excess of the powers under Section 297-A of the Act and they were also discriminatory under Article 14 of the Constitution. Aggrieved by the dismissal of their petitions the appellants have come up...
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