Rajasthan Court January 1975 Judgments
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Ramesh Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-1975
Reported in: 1975WLN(UC)56
J.P. Jain, J.1. Ramesh Chand alias P.C. Jain and Laxmi Narain were tried under Section 373 read with Section 411 Indian P.C. by Additional Munsif and Judicial Magistrate No. 1, Udaipur. He acquitted Laxmi Narain but convicted Ramesh Chand under Section 411 I.P.C. and sentenced him to one year's rigorous imprisonment by his order dated 11.6.74 Ramesh Chand filed an appeal. His conviction was upheld but the sentence was reduced to six months rigorous imprisonment by the learned Sessions Judge, Udaipur, by his order dated 13.8.74. Ramesh Chand has filed a revision from jail against this order.2. One Kailash Nair, Labour Officer had gone to the premises of M/S. Pesticides India on 23-7-71. He left his bicycle at the entrance and went inside the factory premises. His bicycle was stolen from that place. According to Mr. Nair he purchased his bicycle from Messrs Ajanta Bicycle Stores, Dhan Mundi, Udaipur vide their bill No. 4299 dated 19.1.71 (Ex. P/4), The make of this cycle was 'Atlas.' It ...
Anand Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-16-1975
Reported in: 1975WLN(UC)514
Kalyan Dutta Sharma, J.1. Anand Singh, accused-petitioner, has invoked the inherent jurisdiction or this Court by way of an application under Section 482 of the Code of Criminal Procedure for quashing the criminal proceedings instituted against him in the Court of the Munsiff and Judicial Magistrate Sojat City for an offence punishable under Section 304A I.P.C.2 The facts leading to the presentation of this application may be stated as follows, On 31.1.1970, Anand Singh, petitioner, was working as incharge, Sojat City Sub Station, in the capacity of a Junior Engineer Under him about 15 persons were working including Surja Ram deceased, who was helper to Line man and C.C.A On that day a defect was discovered in 11 K.V. line coming from Bilara to Sojat. On this line there was a drop out fuse set provided near Ram Naca. As the line feeding Sojat City was faulty, Shri Anand Singh, Junior Engineer, accompanied by Laxman Ram. Line-man Surja Ram WC Bora Ram, Sheo Lal and Chunnilal casual labo...
Rajendra Kumar Vs. Jamna Das
Court: Rajasthan
Decided on: Jan-15-1975
Reported in: 1975(8)WLN15
J.P. Jain, J.1. This is a revision application by defendant-tenant against the order of the District Judge, Jaipur City, dated 6.9.73, whereby it dismissed the petitioner's appeal and confirmed the order of the Munsif (west) Jaipur City striking out the defence of the petitioner against eviction on 18-11-72.2. Non petitioner Jamna Das instituted a suit on 22-8-68 against the tenant Rajendra Kumar for ejectment and for Rs. 231/- as arrears of rent He also claimed damages pendent lite and till the date the possession was delivered to the plaintiff at the rue of Rs. 33/- per month The case of the plaintiff was that the defendent was the tenant vide rent note dated 22-10-1960 of a shop facing south situated in Tripolia Bazar, Jaipur of the plaintiff as a monthly rent of Rs. 33/-. The plaintiff served a quit notice on 18-4-68 determining the tenancy and calling upon the tenant to surrender possession within one month from the date of the receipt of the notice. The ground averred in the noti...
Possa Ram Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-15-1975
Reported in: 1975(8)WLN22
D.P. Gupta, J.1. This is a writ petition under Article 226 of the Constitution challenging the order of the Assistant Engineer, Irrigation, Jodhpur Subdivision, dated December 15, 1959 (Ex. 3), directing that the petitioner Poosa Ram be retired from Govt. Service with effect from Dec. 15, 1969 on attaining the age of superannuation i.e. 58 years. The petitioner was employed Initially as a driver in the Public Works Department of the former State of Jodhpur in the year 1933. On the amalgamation of the former States to form the United State of Rajasthan, the petitioner was appointed as a workcharge driver in the Irrigation Department of the Rajasthan State. By an order of the Assistant Engineer, Irrigation Department, Jodhpur sub-division dated June 23, 1968, the petitioner was intimated that his Services would be terminated with effect from July 1, 1967 on his completing the age of 55 Years. However, OQ the petitioner's representation, this order appears to have been withdrawn and the p...
Ram Chandra Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-15-1975
Reported in: 1975WLN(UC)30
ORDERShri Ram Chandra was integrated as Inspector of Police in 'B' Group at S. No. 123 of the Seniority List Being dis-satisfied with that position he represented against his seniority in 'B' Group the Standing Integration Committee constituted under Appointment Department order No F. 3 (14) Int. A/51 dated 28-5-1951 examined his record and placed him in 'A' Group of Integrated Inspectors of Police which was approved by the Government the Inspectors of General of Police revised his seniority accordingly from S. No. 'B' 123 to Section No. 29(A. I) in 'A' Group of the Integration seniority.2. On his further representation his case was found to fall under Government Order No F. 1 (10) ED (Ex. Rules)/68 dated 17-7-67 in consultation with Finance Department for retrospective promotion to R.P.S. the Rajasthan Public Service Commission, Ajmer on reference for adjudging his suitability for retrospective promotion accorded their approval to his retrospective appointment by promotion to R.P.S. a...
Heera Lal Dungarpuria Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-15-1975
Reported in: 1975WLN(UC)37
ORDER1. The Government of Rajasthan appointed a Standing Selection Committee consisting of the IG of Rajasthan the Home Secretary, Govt. of Rajasthan under their Integration Department Order No F. 3(14) Intg/5, dated 28-4-52 to make selections and substantive fixation as also to determine seniority of Inspectors of Polite. For this purpose the Committee met on 6-8-1952. Shri Hiralal Dungarpuria was officiating as Prosecuting Inspector from 22-4-1951 and reverted us Prosecuting Sub Inspector on 15-5-52 He was not promoted again prior to the meeting of Integration Committee viz. 6-8-1952. Shri Hiralal Dungarpuria was therefore, not interviewed till then (6-8-52) in order to be considered for Integration as an Inspector. He was integrated as Sub inspector with effect from 15-8-52 and assigned seniority at serial No. 87. Since then, he had been making representations for his correct integration among Inspectors of Police on various grounds.2. On scrutinizing the representation of Shri Hira...
Mohar Singh Vs. Kanchan and ors.
Court: Rajasthan
Decided on: Jan-14-1975
Reported in: 1975WLN(UC)7
J.P. Jain, J.1. This revision application arises out of the proceedings in vitiated by Mohar Singh under Section 145 Criminal P.C. (Old) against Kanchan and eight others.2. There are two fields under the Khatedari tenancy of the petitioner Mohar Singhthey are Khasra No. 1040 measuring 14 Bighas and 7 Biswas & Khasra No. 1041 measuring 27 Bighas and 17 Biswas in Village vallabhgarh Tehsil Weir. Adjoining to the village towards the east is the village Katariyapura. Subject matter of dispute in these proceedings is a piece of land measuring 8 Bighas. According to Mohar Singh the disputed land forms part of 1040 and 1011 and the Non petitioners were trying to dispossess him. According to the Non petitioners the land in question forms part of their fields No. 36 measuring 5 Bighas and 4 Biswas and 37 measuring 15 Bighas and 7 Biswas, in Katiriyapura Tehsil Bavana the petitioner initiated the proceedings, on 19-10-65 in the Court of Sub-Divisional Magistrate, Bayana. The matter, was referred...
KulIn Kant and Ibrahim Ali Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-10-1975
Reported in: 1975WLN(UC)16
Kan Singh, J.1. The two writ petitioner before me raising some common question were called on for hearing together and they can conveniently be disposed of by one judgment.2. I may firston state the facts in Kulin Kant's case the petitioner Kulin Kant entered the services of the State of Rajasthan on 1-2-51 when he was appointed as a Lower Division Clerk in the erstwhile Customs and Excise Department of the State, He was temporarily promoted as an Inspector on 2-3-51 Rajasthan on 1.2.51 when . In the year 1959 some posts of Assistant Salts Tax Officers were advertised by the Rajasthan Public Service Commission vide their advertisement No. 7 of 24-7-59. The petitioner applied for one of such posts and was duly selected as Assistant Sales Tax Officer. By their order dated 16-5-60 the Government appointed him as Assistant Sales Tax Officer on one year's probation. He was to be confirmed on his passing the prescribed departmental test the petitioner passed the Departmental test and was eve...
Thakur Umaid Singh Vs. Board of Revenue for Raj. and ors.
Court: Rajasthan
Decided on: Jan-10-1975
Reported in: 1975WLN(UC)9
P.N. Shinghal, J.1. This is a petition by Umaid Singh for quashing the judgment of the Board of Revenue dated April 6, 1966, which has been placed on record as Ex. 6. In order to appreciate the controversy before us, it will be sufficient to state the broad and the admitted facts.2. The petitioner is the ex-Jagirdar of Thikana Nimbera. A suit was instituted by the Thikana in 1927 with the allegation that the defendants in the suit had trespassed over the land of the plaintiff and were liable to ejectment the suit was filed under the provisions of the Marwar Rules of 1925 Under Rule 3(k) of those Rules it was permissible to file a suit for ejectment and under item (n) of that rule it was also permissible to file a suit for the recovery of compensation payable on account of ejectment the Thikana, however, confined us suit to ejectment and nit ask for compensation the suit was decreed for ejectment by the Assistant Revenue Officer in 1935, and a final decree was passed by the Board of Rev...
Brij Vallabh Vs. Smt. Sumitra
Court: Rajasthan
Decided on: Jan-09-1975
Reported in: AIR1975Raj125
J.P. Jain, J.1. This appeal arises out of an action by appellant, husband, against the respondent, wife for a decree of nullity on the ground of impotency of the latter. The respondent did not appear in the trial Court and the District Judge, who tried the case, did not accept the plea of the appellant, Brij Vallabh. He having failed in the Court of District Judge, has come in appeal.2. Parties are Hindus and they were married on 3-7-72 at Jodhpur according to Hindu rites. Sumitra's father Shri Moti Lal Gupta was residing at Bhopal. He had come to Jodhpur with family to perform the marriage of Sumitra. They stayed at Jodhpur for about two weeks. According to Brij Vallabh Sumitra stayed at his house on 8th and 9th July, 72 after the marriage. On 8th July, Brij Vallabh and Sumitra slept in one room. It has been alleged that when Brij Vallabh wanted to have a physical union with Sumitra she resisted and refused to submit herself to a sexual intercourse. She left the room and slept outside...
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