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Rajasthan Court October 1975 Judgments

Oct 31 1975

Bar Council of Rajasthan Vs. Board of Revenue and ors.

Court: Rajasthan

Decided on: Oct-31-1975

Reported in: AIR1976Raj105; 1975()WLN644

Jain, J.1. This is a petition by the Bar Council for Rajasthan challenging the validity of the licences issued by the Board of Revenue, respondent No. 1, to respondents Nos. 2 to 23, to practise as revenue agents. It has been stated that after the coming into force of Chapter III of the Advocates Act, 1961, hereinafter referred to as 'the Act', Sections 6, 7, 18 and 37 of the Legal Practitioners Act, 1879. and so much of Sections 8, 9, 16, 17, 19 and 41 of that Act as related to the admission and enrolment of legal practitioners stood repealed, so that respondent No. 1 had no authority thereafter to enrol any one as a revenue agent. It has been pointed out that, even so, respondent No. 1 enrolled respondent No. 2 as a revenue agent on or about March 31, 1965, and respondents Nos. 3 to 23 sometime after December 1, 1961, and that respondent No. 1 was renewing their licences every year. The petitioner made a representation to respondent No. 1. but it was rejected by order Ex. G dated Mar...

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Oct 31 1975

Peerdan Parakh and ors. Vs. Commissioner of Income-tax

Court: Rajasthan

Decided on: Oct-31-1975

Reported in: 1975WLN(UC)553

P.N. Shinghal, C.J.1. This application under Section 256(2) of Income tax Act, 1961, hereinafter referred to as the Act. was filed by Smt. Prem Bai Parakh who is not dead and is represented by her legal representatives Peerdan Parakh and others. I has been stated in the application that Smt. Prem Bai Parakh commenced her business under the name and style of M/s Prakash Textile Agency at Calcutta in 1956 with Bhanwarlal Banthia and Moolchand Surana as partners. Those two partners retired, and the firm was reconstituted by taking Smt. Kamla Devi Parakh, Smt. Vimla Devi Parakh, Smt. Inchra Bai Maloo, Shri Kirpa Chand Surana and Shri Shantilal Banthia as new partners. The reconstituted firm obtained registration in Calcutta and its assessment was competed upto assessment year 1966-67. Smt. Prem Bai Parakh, hereinafter referred to as the assessee, was a regular income-tax payer since 1956 when the partnership business of M/s Prakash Textile Agency was commenced. Her share income vas taken t...

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Oct 30 1975

Sampat Raj Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Oct-30-1975

Reported in: 1975(8)WLN697

V.P. Tyagi, Ag. C.J.1. This is a plaintiff's second appeal in a suit for arrears of salary filed by the plaintiff against the State of Rajasthan and arises out of the following circumstances.2. The plaintiff was in service of the erstwhile State of Jodhpur and at the time when he was selected as Upper Division Clerk as a result of integration he was working in the office of Sub divisional Officer, Sojat. The Divisional Commissioner, Jodhpur vides his letter dated December, 19, 1951 (Ex. 3) notified that all the government servants in the Ministerial Service of the Revenue Disputant working in Jodhpur division including the Treasury Staff have been selected for substantive appointment to the new classification and their seniority had been fixed in accordance with the rules as amended. The selection was, however, confined to the Pre-covenants entrants. Two lists were prepared in pursuance of the said letter; one of the Upper Division Clarks and the other of the Lower Division Clerks, Sam...

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Oct 30 1975

Kewal Krishan Vs. State of Rajasthan

Court: Rajasthan

Decided on: Oct-30-1975

Reported in: 1975WLN(UC)557

K.D. Sharma, J.1. Kewal Krishan, petitioner, a milk vendor of Shri Ganganagar, was convicted by the Chief Judicial Magistrate, Shri Ganganagar, of an offence under Section 16(1)(a) read with Section 7 of the Prevention of Food Adulteration Act, for being found in possession of adulterated cow's milk for sale on 23-8-1969, and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1000/- in default of payment of fine to further suffer simple imprisonment for two months. Aggrieved by his conviction and sentence, Kewal Krishan filed an appeal in the court of the Sessions Judge, Shri Ganganagar. The learned Sessions Judge maintained the conviction and the sentence passed against the petitioner by the trial court. As against this judgment of the Sessions Judge, the petitioner has come-up in revision to this Court.2. The relevant facts giving rise to this revision-petition may be shortly stated as follows On 23.8.1969; Shyam Lal. Food Inspector, purchased 660 M....

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Oct 29 1975

Vijaysingh Vs. State of Rajasthan

Court: Rajasthan

Decided on: Oct-29-1975

Reported in: 1975(8)WLN674

C.M. Lodha, J.1. The appellant Vijaysingh has been convicted and sentenced to imprisonment for life by the learned Additional Sessions Judge, Udaipur on the charge of committing the murder of his wife Smt. Prem Kanwar. The other of the appellant Smt. Bhanwar Bai also tried along with him for an offence under Section 302 read with Section 109 I.P.C., but she was acquitted and her acquittal has become final as the State has not filed appeal against it.2. The prosecution case lies within a very narrow compass. It is alleged that the relations between the appellant and the deceased Prem Kanwar were not good and be wanted to marry again in order to get rid of her, on the night intervening 23rd and 24th July, 1971, be committed her murder by strangulation The case for the murder of Smt. Prem Kanwar was registered on a report made by PW/2 Smt. Uchab Kuowar sister of the deceased Smt. Prem Kunwar's father.3. At the trial the prosecution examined as many as 21 witnesses and the appellant who de...

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Oct 29 1975

State of Rajasthan Vs. Bhawani Shanker Bus Service and ors.

Court: Rajasthan

Decided on: Oct-29-1975

Reported in: 1975WLN(UC)461

M.L. Shrimal, J.1. This appeal has been preferred by the State of Rajasthan against an order of the Sub-Divisional Magistrate, Banswara dated January 20, 1971 dismissing the complaint case No. 10 of 1970 on account of the default in appearance of the complainant Labour Inspector, Dungarpur and acquitting the accused under Section 247 Cr.P.C.2. The material facts are that the Labour Inspector, Dungarpur Radheyshyam Sodani made a complaint against the respondents Bhawani Shanker and others under Sections 22 and 22B of the Minimum Wages Act, 1948. The case was registered on January 22, 1970. All the accused were served by February 6, 1970. On February 25, 1970 a copy of the complaint was given to the accused persons & the case was adjourned for April 16, 1970. On April 16, 1970 the learned Magistrate was out of station and as such the case could not be taken up and was adjourned to May 28, 1970. On May 28, 1970 the complainant was present but the accused persons were absent and as such th...

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Oct 29 1975

Bhagwana Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Oct-29-1975

Reported in: 1975WLN(UC)539

P.D. Kudal, J.1. This is an appeal filed by the accused appellant Bhagwana who has been convicted by the learned Additional Sessions Judge No. 2 Sri Ganganagar, to imprisonment for life under Section 396 IPC by his judgment dated 7/6/1971.2. The brief facts of the prosecution case are that the accused Nanda Bhagwana, Sampatia and Kishoriya were sent for trial under Sections 396, 397 and 398, IPC for committing dacoity at the house of Kishna Ram situated in 1 KSR, on the night intervening 25-1-1970, 26/1/1970. The learned Addl. Sessions Judge convicted the accused appellant Bhagwana, as stated above, but acquitted the remaining three accused persons On that night, Mani Ram son of Kishna Ram, and his wife were sleeping in a 'Kotha' Megha Ram, his brother, was sleeping outside the 'hada' which was meant for the catle Kishna Ram and his wife were sleeping in another 'kotha'. Mani Ram heard the cries of Megha Ram 'mare re mare re' at about mid eight. He opened the door of his 'kotha' and sa...

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Oct 27 1975

Khushal Dass Vs. the State of Rajasthan and ors.

Court: Rajasthan

Decided on: Oct-27-1975

Reported in: AIR1976Raj157

ORDERD.P. Gupta, J. 1. The petitioner is an existing operator of Ajmer-Mangaliawas-Pisangan route (hereinafter referred to as 'the route') which is 28 miles long. A scheme for the nationalisation of Ajmer-Jodhpur route via Mangaliawas, Beawar and Bilara as approved by the State Government, was published under Section 68-D (3) of the Motor Vehicles Act (hereinafter referred to as 'the Act') on August 31, 1962. That scheme was of partial exclusion of the existing operators and the petitioner and his co-operators of Ajmer-Mangaliawas-Pisangan route were allowed to ply their vehicles on the route. Thereafter the aforesaid scheme was modified under Section 68-E (1) read with Section 68-D of the Act by the order of the State Government dated April 30, 1964 and the permits of the petitioner and other operators of the route were rendered ineffective between Ajmer and Mangaliawas, which was the portion over-lapped by the notified route, meaning thereby that a restriction was imposed on the oper...

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Oct 25 1975

Sampatraj Vs. Bhagwatilal and anr.

Court: Rajasthan

Decided on: Oct-25-1975

Reported in: AIR1976Raj160; 1975()WLN517

S.N. Modi, J. 1. This is a tenant's second appeal arising out of a suit for eviction from a shop. 2. The suit was based on three grounds, namely, (1) defaults in payment of rent, (2) reasonable and bona fide necessity and (3) material alterations in the suit premises. The trial court dismissed the suit. On appeal by the plaintiff-respondents, the learned Additional District Judge, Udaipur, decreed the suit on two grounds, firstly, that the suit shop was required by the plaintiffs reasonably and bona fide for running a restaurant and secondly, that the tenant has made material alterations within the meaning of Section 13(1)(c) of the Rajasthan Premises (Control of Kent and Eviction) Act, 1950, hereinafter referred to as the Act. Hence this appeal by the tenant, 3. The learned Additional District Judge recorded the finding that the tenant made the following alterations in the demised shop without the permission of the plaintiffs: (1) He has closed the door (window) in the, western wall o...

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Oct 24 1975

Rajasthan Canal Project, Vijayanagar Circle, Through State of Rajastha ...

Court: Rajasthan

Decided on: Oct-24-1975

Reported in: (1976)IILLJ25Raj; 1975()WLN679

ORDERD.P. Gupta, J.1. The Industrial Tribunal came to the conclusion that the services of the workman Ranjeet Singh were terminated on account of retrenchment in respect of the post of Mechanic Grade I in the Rajasthan Canal Project. However, the Industrial [Tribunal also came to the conclusion that the provisions of 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act', have been violated inasmuch as retrenchment compensation was not tendered or actually paid to the workman prior to or at the time of the termination of his services. The Tribunal, therefore, directed the reinstatement of the concerned workman and allowed him back wages at half of the rate at which he was getting his wages at the time of the alleged retrenchment.2. The only submission made by the learned Additional Government Advocate is that there was a bona fide offer of payment of retrenchment compensation on behalf of the petitioner, but as the workman absented himself from the place of his ...

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