Rajasthan Court February 1975 Judgments
Shambhusingh Vs. the State
Court: Rajasthan
Decided on: Feb-28-1975
Reported in: 1975WLN(UC)139
V.P. Tyagi, J.1. Shambhusingh has filed this appeal against the judgment of the Additional Sessions Judge, Bundi, dated 27th November, 1973, challensing his conviction under Section 302 IPC and sentence of life imprisonment for committing the murder of one Deena. He has also challenged the conviction under Section 27 of the Indian Arms Act.2. Briefly stated, the prosecution story, as revealed by the eye-witnesses, is like this.3. About 15 to 20 residents Jaisalmer District including deceased Deena migrated in 1973 on account of severe drought condition in that region to Bundi District. On 22.4.73, deceased Deena along with his other colleagues viz PWs, Haiyat Dina and Ali went to graze their cattle in the nearby fields which were limit guaranty after harvesting of the crops. Ali and deceased Deena went to nearby Baveri to quench their thirst. According to the prosecution case, when these two persons went down the Baveri, they saw Shambhusingh armed with a single barrel muzzle loaded gu...
Tag this Judgment!Khem Chand Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Feb-26-1975
Reported in: 1975(8)WLN292
ORDEROf the surplus staff taken on the rolls of the Central (Surplus Staff) Cell vide Ministry of Home Affairs Order No. 4/8/70-CSIII, dated 25.2.70, the following persons are transferred to the various offices with effect from the dated shown against their names:________________________________________________________________________________S. Name of Office to which Past againstNo. the officer transferred which absorbed Date________________________________________________________________________________S/S Inspecting1 K.C. Gupta Assistant Commissioner U.D.C. 13.3.70of Income tax Ajmer (130 - 300) (A N )Range, Ajmer.Sd/- (P.L. Gupta)Deputy Secretary to theGovernment of India.3. The petitioner continued to work for some time in the office of the Commissioner of Income-sax, Rajasthan. Jaipur, after which, he appears to have been transferred to the office of the Income-tax Officer, Alwar in November 1970, where he continued to work till he was further transferred by the order of the Insp...
Tag this Judgment!Mandoo and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-25-1975
Reported in: 1975WLN(UC)185
M.L. Shrimal, J.1. This appeal is directed against the judgment dated November 29, 1973 of the Additional Sessions Judge, Gangapur City whereby he convicted accused Mandoo under Section 207 I.P.C., and sentenced him to undergo rigorous imprisonment for eight years. The said accused was also convicted under Section 148 I.P.C., and sentenced to undergo rigorous imprisonment for one year. Accused Harphqol, Topha, Ramphool, Suwa. Kalyan, Chhotya, and Ramjilal were convicted under Section 307 read with Section 149 I.P.C., and sentenced to undergo rigorous imprisonment for a period of eight years.2. The afore mentioned seven accused were also convicted under Section 147 I.P.C. and each of them was sentenced to undergo rigorous imprisonment for one year. In addition to that they were convicted under Section 323 I.P.C., and each of them was sentenced to undergo three months' rigorous imprisonment. All the sentences were ordered to run concurrently. Hence the convicted have tome up in appeal be...
Tag this Judgment!Kunj Behari Vs. Acharya Hari and anr.
Court: Rajasthan
Decided on: Feb-24-1975
Reported in: AIR1975Raj138; 1975()WLN41
C.M. Lodha, J.1. This is a defendant-tenant's second appeal arising out of a suit for arrears of rent and ejectment in respect of a portion of house situated in Chokri Vish-wesarji in the city of Jaipur. The house is popularly known as Nanaji ki Haweli and originally belonged to Thakur Devraj Singh fromwhom the plaintiffs purchased it by a registered sale deed dated the 25th July, 1960. The plaintiffs had already been running a private college named Jaipur College in a part of this Haweli before they purchased it and the defendant was occupying a portion of the 'Haweli' as Thakur Devraj Singh's tenant on a monthly rent of Rs. 80/-. He attorned in favour of the plaintiffs after they had purchased the whole house. The plaintiffs' case is that they required the premises leased out to the defendant for their own residence as well as for the purpose of providing a hostel for the scholars of the Jaipur College and Vidhya Mandir College so as to run both the institutions efficiently and ultim...
Tag this Judgment!Kishore Singh Vs. Udhyog Mandir
Court: Rajasthan
Decided on: Feb-21-1975
Reported in: AIR1976Raj7; 1975()WLN465
J.P. Jain, J. 1. This appeal by the judgment-debtor is directed against the order of the Additional District Judge No. 1. Jaipur City dated 5-11-73 passed in Execution Case No. 15 of 1972.2. Facts leading to this appeal are as follows:The respondent obtained a money decree against the appellant, judgment-debtor on 23-11-62. This decree was upheld in appeal by the High Court on 29-7-70. During the pendency of the suit the decree-holder got the property of the judgment-debtor attached under Order 38, Rule 5, C.P.C. He took out execution application on 3-4-63 which was dismissed on 31-8-63 for default. His second application dated 30-8-71 for execution was also dismissed on 22-1-72 on account of non-prosecution. The decree-holder then applied for the sale of the property under attachment on 29-3-72. The judgment-debtor filed an objection that the property cannot be sold as no fresh attachment has been sought. According to him the attachment had ceased to exist after the first execution ap...
Tag this Judgment!State of Rajasthan Vs. Gordhan
Court: Rajasthan
Decided on: Feb-21-1975
Reported in: 1975WLN(UC)92
V.P. Tyagi, J.1. This is a State appeal against the judgment of acquittal dated 26.2.71, whereby the learned First Class Maqistrate, Barmer, acquitted the respondent Gordhan of the charges under Section 14 of the Foreigners Act, Rule 3/6 of the Pasa Port Rules and Section 13(A) of the Dangerous Drugs Act.2. On the night intervening between 24th and 25th June, 1968, the B.S.F., party headed by Kunwar Singh Rana laid an ambush near Pillar No. 815/3 within 300 to 400 yards on the Indian side and arrested the accused, who according to the prosecution, was coming from Pakistan and bringing contra-band articles 'charas' and also terylene cloth. The sample of 'charges' was taken by Mr. Rana (PW. 3) and thereafter the S. H.O. of the Police Station, Girab, who investigated the matter, also took the sample of the 'charas' seized by Mr. Rana, before the Third Class Magistrate, and the simples, were sealed and the seal of the Court of the Third Class Magistrate was affixed One of these samples was...
Tag this Judgment!Hindaun Int Chuna Udhyog Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-21-1975
Reported in: 1975WLN(UC)62
M.L. Joshi, J.1. The facts giving rise to this writ petition are : There is a lime stone plot measuring 500 feet x 500 feet situated village Hanumanpur in hill known as Reni Pahari, in Tahsil Karoli District Sawai Madhopur. The plot in question was formerly leased out to M/s Sharma Lime Company Hanumanpur of which the petitioner was one of the partner. That lease was for a period of 5years from 21-8-1963 to 20-8-1968. The petitioner applied for the giant of lease of the aforesaid plot in question on 19-11-1968. One Kedarlal had applied for the grant of lease of the same plot en 21-8-1968 i.e. some time before the petitioner had applied for the lease. The Mining Engineer rejected the applicition of Kadarlal on 31-12-1968 holding it premature on the ground that by Mat time the area was not free for grant of Mining Engineer however by his order dated 1-1-1939 sanctioned the grant of the lease in the name of the petitioner for a period of five year from the date of agreement. Pursuant to t...
Tag this Judgment!Municipal Council and anr. Vs. Tarachand and anr.
Court: Rajasthan
Decided on: Feb-20-1975
Reported in: 1975WLN(UC)60
V.P. Tyagi, J.1. Municipal Council, Jaipur has filed this appeal against the order of the learned Sessions Judge, Jaipur City, Jaipur dated 13th November 1969, acquitting both Tarachand and Gulabchand of an affiance under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter to be referred as the Act).2. The respondents were carrying on business of wholesale dealer in Ghee. On 17th April, 1864 Shri T.N. Saxena, Food Inspector, Jaipur suspected 10 tins of Ghee which were on the shop of the respondents for sale, as adulterated and, therefore, those tins were kept in a godown and the godown was sealed. On 21st of April, 1964, specimen samples of Ghee were purchased by the said Inspector from respondent Tara Chand and they were sent to the Public Analyst for examination. The report of the Public Analyst shows that they were not in conformity with the prescribed standard of purity. Both the respondents were, therefore, challaned in the court of the Municipal Magistrate No. 2,...
Tag this Judgment!Jorawar Mal Vs. Gyan Chand
Court: Rajasthan
Decided on: Feb-14-1975
Reported in: AIR1975Raj144; 1975()WLN104
1. The facts leading to this revision application are as follows :There is a shop situate in Merta City of which Jorawarmal is the landlord and Gyan-chand is the tenant. The shop has been on a monthly rent of Rs. 41/75 from 28-11-1965. The rent was payable according to Hindi calendar month. Jorwarmal served a quit notice on the tenant on 24-3-1968 calling upon him to surrender possession upto 28-4-1969. The tenant having failed to surrender possession, a suit for ejectment was filed on 19-8-1969 in the Court of Munsif, Merta. The eviction was sought on the ground of personal necessity. That suit for ejectment was dismissed by the trial Judge. Jorawarmal unsuccessfully appealed to the District Judge, His second appeal No. 162/1974 has been pending in this Court.2. Gyan Chand submitted an application in the Court of Munsif under Section 19-A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act') on 9-9-1970. It was alleged by him that he...
Tag this Judgment!M.N. Hassasingh and Co. Vs. Sardarmal Bardiaya
Court: Rajasthan
Decided on: Feb-13-1975
Reported in: 1975(8)WLN75
J.P. Jain, J.1. This is an execution second appeal by the judgment debtor and directed against the order of the District Judge, Jaipur City, Jaipur, dated 7th December, '74 dismissing the appeal and confirming the order passed by the Munsif (Execution Court) Jaipur City (East) on 8.10.1974 by which the objections filed by the judgment debtor were rejected. Sardar Mal Bardiya obtained a decree for eviction against the tenant-appellant from the Court of Munsif on 28.8.64 from the shop situate in Joha(sic) Bazar. The decree was confimed in appeal on 18.1.66. It was urged by the judgment-debtor in execution that on 13.5.70, during the pendency of the second appeal, the landlord namely Sardarmal Bardiya accepted rent for a period of 100 months & as such the decree could not have been passed and it cannot be executed. In support of the contention an entry in the 'Rokar' of the judgment-debtor has been signed by Sardarmal. The learned Executing Court held that the Executing Court cannot go be...
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