Rajasthan Court November 1975 Judgments
Mitthu and ors. Vs. the State
Court: Rajasthan
Decided on: Nov-28-1975
Reported in: 1975(8)WLN988
P.D. Kudal, J.1. This is an appeal by the accused appellants against the judgment of the learned Additional Sessions Judge. Took at Jaipur dated 12-12-1974, whereby Naihulal, Kesharlal, Mittha and Pooran Nath were convicted under Section 323 I.P.C., and sentenced to three months' rigorous imprisonment; and Jagdish was convicted under Section 304, Part. II I.P.C. and sentenced to six mouths' rigorous imprisonment.2. The accused-appellants Mitthu, Nathulal, Kesharlal and Pooran Nath have filed a compromise with the legal bests of Nathu injured and his widow Met Kanti Devi. Vide proceedings dated 4-8-1975, it was ordered that this compromise shall be considered at the time of hearing of the appeal.3. As regards the accused appellant Jagdish is concerned, it was contended that he was a student studying in secondary, and was below 20 years of age. It was also contended that he was on bail during the pendency of the trial. The accused appellant Jagdish is in custody since 12-12-1974 as a res...
Tag this Judgment!Jai NaraIn and ors. Vs. State
Court: Rajasthan
Decided on: Nov-25-1975
Reported in: 1975WLN(UC)480
M.L. Jain, J.1. This appeal bas been preferred against the judgment of the learned Sessions Judge, Jhunjhunu dated 23-10-71 by which he convicted the accused appellants as follows:1. Jai Narain--(a) under Section 452 IPC. to rigorous imprisonment for two months:(b) under Section 524 IPC, to pay a fine of Rs. 100/- in default whereof to undergo rigorous imprisonment for two months.2. Prabu Ram & Lekh Ram--(a) under Section 452 IPC, to rigorous imprisonment for two months:(b) under Section 324 read with 34 IPC, to a fine of Rs. 100/-in default whereof rigorous imprisonment for two months.(c) under Section 323 IPC, to fine of 50/ in default whereof to rigorous imprisonment for one month.3. Sugan Chand--under Section 324 read with 34; 323 and 452 IPC He was released on probation under Section 4 of the Probation of Offenders Act.2. I have beard the arguments and seen the record. The brief facts are that on 5.5.68 at about 5 a. m the accused Jai Narain, Lekhram, Prabhu Ram and Sugan Chand en...
Tag this Judgment!Ramniwas and anr. Vs. State
Court: Rajasthan
Decided on: Nov-25-1975
Reported in: 1975WLN(UC)481
M.L. Jain, J.1. This is an appeal against the judgment of the learned Sessions judge, Jhunjhunu, dated 23.10.1971 by which he convicted and sentenced the appellants Ram Niwas and Suhala as follows:(1) Suhala (a) under Section 307 IPC, to rigorous imprisonment for two years and to a fine of Re 100/ in default where of two months rigorous imprisonment;(b) under Section 452 IPC to rigorous imprisonment for six months and to a fine of Rs. 100/ in default where of rigorous imprisonment for two months.(2) Ram Niwas (a) under Section 307 read with Section 34 IPC. to rigorous imprisonment for two years and to a fine of Rs. 100/ in default where of to rigorous imprison-for two month;(b) under Section 452 to rigorous imprisonment for six months and to a fine of Rs. 100/ in default whereof to rigorous imprisonment for two months.2. I have heard arguments of the learned Counsel for the appellants and the learned Counsel for the State.3. The facts giving rise to this appeal appear to be like this. ...
Tag this Judgment!Vidya Sagar Vs. Regional Transport Authority
Court: Rajasthan
Decided on: Nov-24-1975
Reported in: 1975WLN(UC)501
D.P. Gupta, J.1. The petitioner in this writ petition is an existing operator of Bhilwara-Bijoliya-Kota route. A draft scheme for the nationalisation of Udaipur Bijoliya-Bundi route was publeshsed under Section 68C of the Motor Vehicles Act (hereinafter referred to as 'the Act') in the Rajasthan Gazette dated 24th April, 1973, and another draft scheme in respect of Bhilwara-Bijoliya-Bundi route was also likewise published under Section 68C of the Act on May 11, 1973. A portion of Bhilwara Bijoliya-Kota route, from Salavatia to Bijoliya, which is a distance of about five miles, was covered by both the aforesaid proposed scheme of nationalisation.2. The respondent No. 2 submitted an application for the grant of a non-temporary 8 age carriage permit on Kota-Bijoliya route (hereinafter referred to as 'the (sic). The application of the respondent No. 2 was duly polished in the Rajasthan Gazette, inviting objections in respect thereof, under Section 57(3) of the Act. The petitioner, however,...
Tag this Judgment!Shanker Singh and ors. Vs. the Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Nov-24-1975
Reported in: 1975WLN(UC)559
S.N. Modi, J.1. These are two connected appeal arising out of acquisition proceedings relating to acquisition of Khasra Nos. 8736 & 8738, Khata No. 718, treasuring 3 bighas 1 biswa situaten to Ajmer. Thok Maliyan. The land was acquired for the construction of railway line between Madar and Tabiji-Rail-way Stations on Western Railway. Vide notification No. 7563 issued under Section 4 of the Rajasthan Land Acquisition Act, 1962. The possession of the land was taken over by the Railway authorities on 24-9-63 by award dated 30th November, 1967, the Land Acquisition Officer, Ajmer, fixed Rs. 19485 80 as compensation for the lace at the rate of Rs. 3/- per sq. yard and ordered that Mithanlal, Sukhdeo Prasad and Jawar Singh sons of Radha Kishan were the persons entitled to the compensation. The Land Acquisition Officer also awarded interest on the aforesaid sum at the rate of 4% per annum from 24-9-63 to 30th December, 1967. Dissatisfied with the said award, Mithanlal Sukhdeo Prasad & Jawahar...
Tag this Judgment!Vidhya Sagar Through His Legal Representatives Vs. the State Transport ...
Court: Rajasthan
Decided on: Nov-21-1975
Reported in: 1975WLN(UC)473
V.P. Tyagi, Ag. C.J.1. This special appeal by Vidhya Sagar is directed against the judgment of the learned Judge of this Court dated 7th August, 1972. The appellant held non temporary stage carriage permit of a route known as 'Nohar Bhadra' route. He applied to the Regional Transport Authority to extend his route upto Dabri. The other permit-holders of the route also made similar applications; but the Regional Transport Authority dismissed the applications of all the existing operators, including the appellant on the ground that it had no jurisdiction to extend the rouse to Dabri as the distance to be covered upto Dabri was more than 24 kilometers. An appeal was filed by the appellant before the State Transport Appellate Tribunal. The appeal was accepted and the route of the appellant was extended upto Dabri. One of the existing operators Bhag Chand, who had not filed any objection against the application made by Vidhya Sagar, directly came to this Court, and preferred a writ petition ...
Tag this Judgment!A.K. Garg Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-21-1975
Reported in: 1975WLN(UC)533
D.P. Gupta, J.1. The main question that arises for consideration in this writ petition is as to whether the petitioner's case is governed by the provisions of Rule 11(5) of the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 (hereinafter called the Absorption Rules') or it falls under Rules 11(2)(b) of the said Rules.2. The facts which have given rise to this controversy are that in the year 1958, the Government of Rajasthan decided to conduct a rapid economic and industrial survey of the State with a view to formulate its proposals for the Third Five Year Plan for Rajasthan. The Chief Secretary to the Government of Rajasthan by his letter dated August 2, 1958, requested the Rajasthan Public Service Commission (hereinafter referred to as 'the Commission') for its permission or concurrence to the making of initial appointments of the requisite staff on temporary basis for the Director of Economic and Industrial Surveys. By their letter dated August 9, 1958 the Com...
Tag this Judgment!V.N. Soral Vs. Mohan Poonamia JaIn and anr.
Court: Rajasthan
Decided on: Nov-14-1975
Reported in: 1976CriLJ1228
P.D. Kudal, J.1. As common questions of law are involved in both these appeals, they are being disposed of by this single judgment.2. The relevant facts, in brief, are that two complaints under Section 27 of the Industrial Disputes Act were filed by the complainant V.N. Soral against Mohan Poonamia and Prem Kishan on 11-1-1968. On 12-1-1968, after recording the statement of the complainant, notices were ordered to be issued to the accused persons. The final order was dated 7-5-1971. Since 12-1-1968, the complaints could not proceed on account of one reason or the other. On 7-5-1971, the complainant and his counsel were absent when the case was called for hearing. The accused persons were also absent. No witness on behalf of the complainant was present. The learned Magistrate, therefore dismissed both the complaints under Section 247, Cr. P.C. (old), and acquitted the accused-persons as these were summons trial cases. The complainants thereupon filed these appeals after obtaining the le...
Tag this Judgment!Municipal Council Vs. Sita Ram
Court: Rajasthan
Decided on: Nov-14-1975
Reported in: 1975(8)WLN792
M.L. Shrimal, J.1. Municipal Council, Jaipur has filed this appeal by special leave against the judgment dated December 24, 1970 of Municipal Magistrate. First Class Jaipur City (West) whereby the acquitted the accused-respondent Sitaram under Section 7 read with Section of the prevention of Food Adulteration Act, 1954 (hereinafter to be called 'the Act').2. The prosecution story in a nutshell is that on January 16, 1968 at 7.30 A.M. P.W. 1 Shri A.P. Goyal, Food Inspector checked the shop of the accused respondent located at Nahargarh Road, Purani Basti Jaipur City. He found a cucket full of milk weighing nearly 8 kg., and suspected it to be adulterated. Havign disclosed his identity to the accused respondent the Inspector served him a notice and then purchased 710 gms. o milk for Rs. 1.05p. The milk was divided into there parts Each part was then filled in three clean and dry bottles. 16 drops of formalin were added to milk filled in each bottle. All the three bottles were corked and ...
Tag this Judgment!ChiraguddIn Vs. Luqman and ors.
Court: Rajasthan
Decided on: Nov-14-1975
Reported in: 1975WLN(UC)467
M.L. Jain, J.1. This appeal of plaintiff Chiraguddin is directed against the judgment of the learned Single judge setting aside the award given by the sole arbitrator Amin. The facts giving rise to this litigation may in a nut shall be placed below.2. A suit was filed by Chiraguddin against the respondents. That suit was decreed by the trial court. The respondents filed an appeal against that decree and the judgment of the trial court, in this Court. During the course of pendency of the appeal the parties agreed to refer the matter to the sole arbitrator Amin, who has been the real brother of Chiraguddin and the cousin of respondents Luqman, Qasim and Abdullah. It, may be mentioned here that Amin appeared in the trial as a witness on behalf of the defendants.3. Since the entire arguments of the parties are centered round the interpretation of the deed of reference, it, will be worth while to reproduced the relevant language of that deed whereby the parties choose to refer the matter fo...
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