Rajasthan Court February 1975 Judgments
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Sayed Ahemed Vs. State
Court: Rajasthan
Decided on: Feb-13-1975
Reported in: 1975WLN(UC)58
M.L. Joshi, J.1. These two petitions involve a common question of fact and law and are being disposed of by a common judgment.2. The facts leading to the writ petitions are not in dispute and may be briefly stated as follows.3. The writ petitioners held non-temporary stage carriage permits in respect of (Jaipur) Chandpol Jotwara industrial area along with three other permit holders. They submitted their applications for renewal in time. Their application were duty published and objections were invited. Meanwhile the Rajasthan State Road Transport Corporation, hereinafter called the RSRTC also submitted five applications for the grant of fresh non-temporary permits. The notification shows that the RSRTC was one of the applicants for the grant of fresh permit. The applications for renewal as well as for fresh grant came up for consideration before the R.T.A. in its a meeting dated 22nd June, 1974. The RTA rejected the writ petitioner's applications for renewal and granted permit in favou...
Gangada Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-11-1975
Reported in: 1975CriLJ1445; 1975()WLN274
Kalyan Dutta, J.1. This appeal filed by Gangada is directed against the judgment of the learned Additional Sessions Judge, Jalore, dated 4-3-1974, convicting the appellant under Section 304, Part I, I.P.C. and sentencing him to undergo rigorous imprisonment for ten years.2. The relevant facts, giving rise to this appeal, may be shortly stated as follows:In the afternoon of 31-8-1973, Ram-kin deceased was grazing his camel in the field of Deoji Kalbi, which was situated to the east of Gangada's field at the outskirt of village Dadusan. Amalakh and Bhinya also were present with their camels in the same field at some distance, Teja son of Dhuda, Ladu and another Teja son of Kheta were collecting grass in a nearby field of one Gangada Bhambhi. At that time, the appellant came to the field of Deoji Kalbi and picked-up a quarrel with Ramkin deceased over some money, which the latter owed to the former. During the course of wordy quarrel, Gangada appellant attacked Ramkin and inflicted severa...
Shyam Behari Goyal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-11-1975
Reported in: 1975WLN(UC)88
D.P. Gupta, J.1. This is a petition under Article 226 of the Constitution of India by which the petitioner has challanged the orders of the Deputy Director of Education, Jodbpur terminating the services of the petitioner as a Second Grade Teacher with effect from April 30, 1974.2. In brief the case of the petitioner is that he passed the M.Sc. Examination in Chemistry from the University of Rajasthan in the year 1973. in the First Division. On selection by the Departmental Selection Committee, die petitioner was appointed as a Second Grade Teacher, in the grade of Rs. 130-360, on probation for a period of two years from the date of his joining the service along with three other persons, by the order of the Deputy Director of Education, Jodhpur dated November 6, 1973 (Ex. I). The petitioner joined his post as a Second Grade teacher on November 14, 1973 and continued to perform his duties on the aforesaid post until the Deputy Director of Education, Jodhpur by his order dated April 28, 1...
Hari Ram Vs. Lajpat Bhan
Court: Rajasthan
Decided on: Feb-10-1975
Reported in: AIR1975Raj190; 1975()WLN224
C.M. Lodha, J. 1. This is a defendant-tenant's second appeal arising out of a suit for ejectment from a shoo situated in the city of Bikaner.2. The plaintiff's case as set out in the plaint was that the defendant was in occupation of the suit shop on & rent of Rs. 5 per month and that he had not paid rent for 16 months since December 1968, It was alleged that the suit shop was required by the plaintiff-respondent for his own use and that the defendant had also caused damage to the suit shop. On the aforesaid grounds the plaintiff claimed a decree for arrears of rent as well as for ejectment. The defendant pleaded that the shop had been leased out to him by Udai Bhan whose widow Smt. Sunder was alive and the plaintiff alone had no right to file the suit. While denying all the grounds of ejectment relied upon by the plaintiff namely, personal necessity, default in payment of rent and damage to the property, the defendant further pleaded that the notice of termination of tenancy was bad i...
Smt. Anchi Vs. Balu Ram
Court: Rajasthan
Decided on: Feb-10-1975
Reported in: 1975CriLJ1991; 1975()WLN26
ORDERB.P. Beri, C.J.1. Khasra No. 115 measuring 53 bighas l biswa situate in Murdakiya is the bone of contention between Smt. Anchi widow of Baxiram and Baluram alias Balmukand who claims to be the adopted son of Baziram. under Section 145, Criminal Procedure Code, The dispute is regarding half the share of this land. On August 17. 1971. an application was moved under Section 145, Criminal Procedure Code before the Sub-Divisional Magistrate, Ratangarh, by Smt. Anchi complaining that Balurara did not permit her to cultivate her share of the land and there was an apprehension of a breach of the peace. On August 28. 1971 the Station House Officer, Bhinvsar made a report and a preliminary order was drawn on September 16, 1971. The property was attached on that very day and the Tehsildar was appointed as a Receiver. The parties filed their written statements and also affidavits besides documentary evidence. The learned Sub-Divisional Magistrate by his order dated May 14, 1973, came to the c...
Manohar Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-10-1975
Reported in: 1975WLN(UC)110
C.M. Lodha, J.1. This writ petition under Article 226 of the Constitution of India is directed against the order of the Additional Collector, Bharatpur dated 1st May, 1973 by which counting of votes pertaining to the seat of Nayaya Panch from village Panchayat Mai was refused on the ground that the poll had been closed on account of disturbance of public peace.2. The Nayaya Panchayat Pigora is composed of 6 members out of which two retired in February, 1973. The Collector, Bharatpur, appointed Shri Hari Prassad Sandilaya, Agricultural Extension Officer, Panchayat Samiti, Nadbai (respondent No. 3) to hold elections of two members of the Nayaya Panchayat-one from village Panchayat Mai end the other from Jhangirpur. The petitioner and the non-petitioner No. 5 Bhagwan Singh filed their nomination papers for the seat from Gram Panchayat Mai. Dayachand and Dhruv singh filed nominations of the seat of village Panchayat Jhangirpur. The polling took place on 30th April, 1973. 11 Panchas of Jhan...
Rewat Dan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-07-1975
Reported in: 1975(8)WLN825
Kan Singh, J.1. These are two writ petitions by a Sarpanch under Article 226 of the Constitution and as they raise common questions, they were heard together. They can conveniently be disposed of by on judgment.2. On 31-8-70 two orders were passed by the Government removing Shri Rewat Dan Sarpanch, from the Office of the Sarpanch of Gram Panchayat, Mathama. In writ petition No. 2027 of 1970, the order of removal is Ex. 4 and in the other writ petition it is Ex. 8. The orders were passed in consequence of the inquiries held against the Sarpanch. I may narrate the facts of the writ petition No. 2027 of 1970 for appreciating the points arising for consideration.3. The petitioner was elected as Sarpanch of the Gram panchayat, Mathura in the year 1960 for the first time. He was again elected as a Sarpanch at the next elections held in the year 1965. He states that as he belonged to Praja Socialist Party and as he had contested the Assembly elections against a Congress candidate, he incurred...
Uda Ram Vs. Tej Karan and ors.
Court: Rajasthan
Decided on: Feb-06-1975
Reported in: AIR1975Raj147; 1975()WLN141
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 Nohra in the town of Churu, The case set out in the plaint was that the Nohra in question was rented out by Kishanlal, father of the plaintiffs, to the appellant on 24-7-1952 on an yearly rent of Rs. 4/- by a rent note Ex. 1 executed by the defendant in favour of Kishanlal. The plaintiffs terminated the defendant's tenancy by a notice dated 10-10-1967 marked Ex. 4 and thereafter filed the present suit on 5th February, 1968, claiming ejectment on grounds of default in payment of rent, personal necessity and denial of the plaintiffs' title by the defendant. A decree for Rs. 12/- being three years' rent was also claimed.2. The defendant denied relationship of landlord and tenant between him and the plaintiffs. He also denied the execution of the rent-note and asserted his own title to the Nohra. Admissibility of the rent-note was also challenged on the ground...
Gajanand and ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-06-1975
Reported in: 1975(8)WLN263
Kalyan Dutta Sharma, J.1. This is a reference by the Additional Sessions Judge, Tonk, with a recommendation that a final order passed by the leaned Sub-Divisional Magistrate, Tonk, in a proceeding under Section 145, Criminal Procedure Code declaring the possession of the non petitioners Nos. 2 to 33 over agricultural land and measuring 108 Bighas 10 Biswas, situated in the bed of a tank of Village Dhorela District Took at the date of the preliminary order and within two months immediately proceeding it, may be set aside and the case any be sent back to the learned sub Divisional Magistrate with a direction to decide it afresh in accordance with the directions given by the learned Additional Sessions Judge in his reference.2. The reference arises under the following circumstances : Upon receiving a report in writing from the Station House Officer, police station, Anwa. on 9-10-1909 that there exists a dispute likely to cause a breach of peace concerning agricultural land measuring 108 B...
Union of India (Uoi) Vs. Phool Chand
Court: Rajasthan
Decided on: Feb-05-1975
Reported in: 1975(8)WLN93
C.M. Lodha, J.1. The plaintiff respondent was posted as a skilled fitter in Loco Workshop, Ajmer. He was prosecuted in a Criminal Case under Sees. 323 and 324 read with Sections 34, IPC, and was convicted by the First Class Magistrate, Ajmer under Section 324 read with Section 34, IPC. He was sentenced to pay a fine of Rs. 350/-, The appeal filed by him before the learned Sessions Judge was rejected. As a result of a department action taken against him the Works Manager (Loco), Ajmer removed him from service with effect from 5-3-1986 by his order 4-3-1961 The appeal filed by the plaintiff from the order of removal was unsuccessful and consequently he filed the present suit on 17-4-1967 in the Court of Civil Judge, Ajmer praying that the impugned order of removal may be declared illegal and inoperative and a decree for Rs. 2,995 50 be awarded to him on account of pay and allowances. The suit was based on several grounds one of which was that though the order was parsed under Rules 1719(...
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