Rajasthan Court October 1975 Judgments
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State of Rajasthan Vs. Neti
Court: Rajasthan
Decided on: Oct-24-1975
Reported in: 1975WLN(UC)413
M.L. Jain, J.1. The facts of this appeal are, that Food Inspector R.B. Singh of circle Kalindari. District Sirchi filed a complaint under Section 16 of the Prevention of Food Adulteration Act, 1954 in the court, of the Magistrate First Class Sirohi that on 7-5-68 at 6.10 A.M. be went to village Rampura & purchased buffalo milk from the accused Neti who was selling buffalo, milk. He divided the milk into three parties and placed it into three separate phials; one phial was delivered to the accused, another was sent to the public analyst and the third was kept by him. The public analyst, Jodhpur, reported that the sample milk contained fat 4.5% amd solid non fat 8.1% and therefore, was adulterated because it did net conform to the prescribed standards of purity. The said food inspector requested the Magistrate for trial.2. After trial the Sub-Divisional Magistrate Sirohi, acquired the Accused on the ground that the food Inspector had. not complied with ,the various rules. The contraventi...
Gurmej Singh Vs. Jasbir Kaur
Court: Rajasthan
Decided on: Oct-24-1975
Reported in: 1975WLN(UC)456
V.P. Tyagi, J.1. This appeal of Gurmej Singh is directed against the judgment of the learned District Judge, Shri Ganganagar dated 23rd August 1974 granting a decree for the restitution of conjugal rights in favour of the wife against her husband appellant.2. Mst. Jasbir Kaur was married to the appellant Gurmej Singh on 6th January, 1969. She was taken after marriage the village Bhuttawali, where Gurmej Singh used to live, and where she stayed for night. It is said that according the customs prevalent among the parties, she was back to her father's house. According to the averment made by Mst. Jasbir she was again taken to Bhuttawali where she stayed for 3 months. During this brief stay she experienced that she was not welcomed by the parents of the appellant because they were of opinion that the adequate dowry was not brought by Mst. Jasbir Kaur. Gurmej Singh, it appears, in the beginning was willing to bring Mst. Jasbir Kaur from her father's house as apparent from the letter Ex. A. ...
State of Rajasthan Vs. Topan Das
Court: Rajasthan
Decided on: Oct-24-1975
Reported in: 1975WLN(UC)459
M.L. Jain, J.1. The facts of this appeal are that the Drugs Inspector, Ajmer, filed a complaint in the court of City Magistrate, Ajmer, that the, accused Topan Das, who is the proprietor of Messrs. Jaswani Medical Sire issued seven cash memos for the sale by him of medicines which were listed in the schedule 'C' of the Drugs Rules, 1945. The case mainly centred round the medicines, namely; Penstrep, Achromycin Pied Drops, Neurabin and Bplex Forte, According to Rule 65 of the said Rules he was required to write the batch number and expiry date of these medicines in cash memos. The said Topan Das also tailed to maintain the requisite registers prescribed by these Rules. He was thus, alleged to have committed an offence punishable under Section 27(b) of the Drugs Act, 1940.2. The learned Magistrate examined Sardar Gurmukh Singh, Inspector Drugs Ajmer PW 1, Mithanlal FW2; Jagdish Prasad PW3, Tej Bahadur Singh PW4 and Keshavdas PW5. The accused did not lead any evidence in defence. The lear...
Madan Lal Vs. the State Transport Appellate Tribunal
Court: Rajasthan
Decided on: Oct-23-1975
Reported in: 1975(8)WLN806
D.P. Gupta, J.1. The facts of this ease are simple & few. The petitioner is an existing operator of Jaipur-Dholpur vis Ramgarh, Andhi, Borunda Bandh and Dausa route (hereinafter culled 'the route') and plying his vehicle on the route on a non-temporary stage carriage permit which is valid upto January 2, 1977. In July this year, on account of heavy rains and unprecedented discharge of water from the Ramgarh Bandh, the petitioner felt that it was not physically possible to ply his vehicle on the route. On July 21, 1975 the petitioner and other operators of his routs submitted an application to the Regional Transport Authority Jaipur Region, Jaipur (hereinafter called 'the RTA.') praying that they may be allowed to ply their vehicles from Jaipur to Dausa via Kanota and Bassi instead of via Ramgarh, Andhi and Borunda Bandh, so that there may be no dislocation of the service rendered by the petitioner and other operators of his route.2. The R.T.A. by this order dated July 21, 1375 allowed ...
Municipal Council Vs. Bhulu Ram
Court: Rajasthan
Decided on: Oct-23-1975
Reported in: 1975WLN(UC)415
M.L. Jain, J.1. This is an appeal by the Municipal Council, Alwar, against judgment of the Magistrate First Class, Alwar dated 16-11-70 by which he acquitted the accused Bhulu Ram Meena of Alwar of the offence under Section 16 of the Prevention of Food Adulteration Act, 1954.2. I have heard arguments and perused the record. Briefly ststed, the facts of the prosecution case are that on 31-7-68, Food Inspector Shambhu Datt at about 8 00 p.m. inspected the shop of the accused Bhulu Ram in Malakhera Darwaja, Alwar. He was found selling cow's milk and a sample thereof was purchased by the said Inspector. Upon examination by the Public Health Laboratory, Alwar the said sample was found to contain 5.8% fat and 7.2% solid non fat. The report (Ex. P/3) of the public analyst is dated 9.8.68 in which he bad said that the sample of cow milk is adulterated as it contained about 15% of added water. The food Inspector filed a complaint under Section 16 of the Prevention of Food Adulteration Act, 1954...
Jhumar Lal Vs. Hansraj and anr.
Court: Rajasthan
Decided on: Oct-22-1975
Reported in: AIR1976Raj128; 1975()WLN670
V.P. Tyagi, J.1. This is defendant's second appeal in a case for malicious prosecution and it arises out of the following circumstances:2. Shri Vallabh D. W. 8 sold a portion of his ancestral house to one Kundanmal on 1st April, 1961, and it is alleged that the possession of that house was handed over by the vendor to the vendee. According to Kundanmal he handed over the keys of the Kotha to his father Jhumarmal. The house originally belonged to Tarachand who had left after his death two sons namely, Shri Vallabh and Kanhaiyalal, Kanhaiyalal was minor at the time of this sale and Tarachand's wife Mst. Ramkanwari was his guardian. On 14th April, 1961, Mst. Ramkanwari and her minor son Kanhaiyalal who used to live separate from Shrivallabh sold the same property to Hansraj and Ghewarchand and according to these vendors possession of the property was handed over to Hansraj and Ghewarchand.3. A report was lodged at the police station Bhikamkor by Jhumarlal on 25th April, 1961, that on the ...
Keshavlal Ramesh Chandra Vs. Rikhab Chand
Court: Rajasthan
Decided on: Oct-22-1975
Reported in: 1975WLN(UC)440
V.P. Tyagi, J.1. This is defendant's appeal against the decree and the judgment of the Additional District Judge, Sirohi, dated 5-11-1973, decreeing the suit of the plaintiffs for Rs. 14,376/-.2. According to the averments made in the plaint defendants Keshav Lal and Ramesh Chand purchased tuck No. RJQ 9801 from the plaintiff for Rs. 13101/-. This sale tock place on December 31, 1970. A document evidencing sale was excited showing that the defendant shall pay Rs. 5,000/-against the sale price on January 20. 1971 and the remaining amount shall be paid to equal monthly instalment. of Rs. 1,000/- per month. When the first installment of Rs. 5,000/- was not paid by the defendants a 1etter was written on behalf of the plaintiff by his brother Amar Chand to the defendants to which the reply was sent by the defendants on 13-2-1971 showing regrets for the delay in payment and promised the payment of Rs. 5,000/- by the first of March, 1971. It is alleged that inspite of this promise the defenda...
Municipal Council Vs. Noor Khan
Court: Rajasthan
Decided on: Oct-22-1975
Reported in: 1975WLN(UC)426
M.L. Jain, J.1. This is an appeal of the Municipal Council, Jaipur against the judgment of the Municipal Magistrate Court No. 2, Jaipur, dated 5.10.1971.2. I have heard arguments and perused the record.3. The facts are that on 29-9-66, Food Inspector Tribhuvan Ram checked the accused Noor Khan at 10.30 a.m. when he was taking milk for sale near the Ramnivas garden in Jaipur. His drum contained about 15 Kgs. of milk. On being asked, Noorkhan said that his drum contained goat's milk. The drum also contained on it the words 'Goat's inilk'. A sample was purchased by the said Food Inspector. He divided the sample in three bottles, put formalin as required, sealed and labelled the samples. One of the betties of sample was sent to the Chief Public Analyst on 1-10-66. The Public Analyst reported that the goat's milk was adulterated because it contained 29% of added water and was deficient in solid non-fats. The required minimum sold non-fats is 9% while the sample contained 6.39%. A complaint ...
State Vs. Rama
Court: Rajasthan
Decided on: Oct-22-1975
Reported in: 1975WLN(UC)452
M.L. Jain, J.1. This appeal is directed against the judgment of the learned Sub Divisional Magistrate. Bhinmal, dated 3-8-71 by which he acquitted respondent Rama of the offence under Section 9 of the Opium Act, 1878.2. The Excise Inspector, Bhinmal Khanu Singh PW 6 raided the village Bhutal and intercepted accused Rama. Upon making a search of his person, 15 1/2 tolas of opium covered in a plastic paper was recovered from his pocket. This happended on 23-2-66. He took a sample of 2 1/2 tolas and then lodged a report with the police station Sachore. The investigation officer registered a case and forwarded the sample through the Superintendent of Police Jalore for chemical examination and the case was simultaneously challaned in the Court of the said Magistrate.3. The sample was received in the Central Public Health Laboratory Jaipur on 25-4-66 and the Chemical Examiner & Chief Public Analyst reported that the sample on examination was found to be of opium, its morphine content being 4...
Gopal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-21-1975
Reported in: 1975(8)WLN994
M.L. Shrimal, J.1. This appeal has been directed against the judgment dated July 28, 1971 of the learned Additional Sessions Judge, Tonk whereby he convicted the accused appellant Gopal udder Section 363 I.P.C., and sentenced him to one months simple imprisonment and a fine of Rs. 100/-, in defult of the payment of which to undergo imprisonment for a further period of two weeks.2. The prosecution story as disclosed at the trial is that on the date of the occurrence Rameshwar, a boy of about ten years age was living with Ridheyshyam, his maternal uncles who was Head-Master of the School at Chhang. On October 20, 1967 Gopal accused went to Radhey Shyam and requested him to send Rameshwar with him to be taken to Deoli to attend a feast. He further represented that Rameshwar's father lad asked the former to fetch toe boy and had paid Rs. 2/- bus-fare of the child. Balieving this representation to be true Radheyshyam asked Rameshswar to accompany the accused appellant Gopal. Later on it was...
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