Rajasthan Court March 1975 Judgments
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Ganesh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-20-1975
Reported in: 1975WLN(UC)171
C.M. Lodha, J.1. The facts relevant for disposal of this writ petition are these.2. Agricultural land comprising of Khasra No. 1084/1 measuring If Bighas 9 Biswas was auctioned on 1st Nov. 1962 by the Colony Naib Tebsildar in favour of the petitioner Ganesh and his brother Gaurishanker. The bid was accepted by the Sub Divisional Officer, Baran and the petitioner deposit d one fourth price of the bid and also got the sale certificate in his favour. However, an appeal was filed by the villagers of Mangrol (District Kota) where the land is situate, against the aforesaid auction en the ground that the land in question was pasture land. The Revenue Appellate Authority, Kota, by its judgment dated 29th April 1969 (Ex 8) set aside the sale in favour of the petitioner on the ground that the Colony Naib Tehsildar was not competent to conduct the auction and that the procedure prescribed for auction under Rule 19 of the Rajasthan Colonisation (Chambal Project Government Lands Allotment and Sale)...
Trustees of Port and ors. Vs. Khetawat Industries and ors.
Court: Rajasthan
Decided on: Mar-19-1975
Reported in: 1975WLN(UC)116
J.P. Jain, J.1. The order dated 27-11-1973 of the Additional District Judge, Jalore, has given rise to this revision application. Facts leading to the case are these.2. Firm Khetawat Industries Marwar Bhinmal District Jalore, a dissolved firm, through its three partners instituted a suit for recovery of Rs. 10,882/93 against Union of India and four others on account of the non-delivery of the goods in the court of Additional District Judge, Jalore. The plaintiff's case was that a consignment consisting of 175 bags of oil cakes were despatched to Bombay Port Trust G. (Grain Depot) Siding Station on 2.8.68 The consignee of the said goods was Shamji Shivji and Co., which was later on endorsed in favour of Messrs. Louis Drafts & Co., Kamani Chambers, Bombay. The consignee made an inquiry from Station Master of the destination station about the goods and he also left the railway receipt with him from 20.8.68 to 12.11.68, but the Station Master was unable to deliver the goods and he gave the...
Radhey Shyam Vs. Ram Sahai and ors.
Court: Rajasthan
Decided on: Mar-18-1975
Reported in: 1975WLN(UC)134
C.M. Lodha, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India proving that the order of the learned Additional District Judge No. 3 Jaipur city, Jaipur dated 5th November, 1973 confirming the order of the learned Munsiff Magistrate No. 1, Jaipur City. Jaipur dated 2 February 1973 in civil suit No. 318 of 1969 be quashed. The facts giving rise to this petition may he briefly naratted as below.2. The non-petitioner No. 1 Ram Sahai (who will hereinafter be refersed to as the non petitioner' filed a suit for ejectment against the petitioner In the court of the Munsiff, Jaipur East, Jaipur in respect of a shop situated in Jaipur on two grounds viz (1) that the. shop was required reasonably and bonafide by the con petitioner for his own use, and (2) that the petitioner had committed default in payment of rent and had then by incurred the liability to be evicted. The petitioner filed his written statement on 5.2.1969. He resisted the non-petitioner's suit an...
The Life Insurance Corporation of India Vs. K.M. Rami and anr.
Court: Rajasthan
Decided on: Mar-17-1975
Reported in: 1975WLN(UC)146
D.P. Gupta, J.1. This writ petition has been filed on behalf of the Life Insurance Corporation of India and arises in the following circumstances.2. The respondent No. 1. K.M. Rami, was initially appointed as an Assistant in the Life Insurance Corporation of India (hereinafter called 'the Corporation') on a temporary basis, on a cons dilated salary of Rs. 130/ per menses by the letter of appointment dated 29-11-58/23-12-58. The respondent No. 1 joined service with effect from December 26, 1958. The said respondent appeared at a test held by the Corporation for the purpose of recruiting probationary staff and was declared successful with the result that his temporary service was converted into probationary one with effect from September 28, 1959 and he was placed in the grade of Rs. 75,5,90 8 136 EB 160 10 220 EB 10-240-15 270. Subsequently, the respondent No. 1 was confirmed as an Assistant in the aforesaid grade with effect from June 26, 1959 He was given a grade increment on 1-1-60 a...
Sohan Lal Loonkaran Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-15-1975
Reported in: AIR1975Raj215; 1975()WLN158
ORDERC.M. Lodha, J. 1. Only one short point has been argued in support of this writ petition and it is this--that Section 5-A inserted in the Rajasthan (Display of Prices of Essential Commodities) Order, 1966 (which will hereinafter be referred to as 'the order') is ultra vires and void having been made withoutthe prior concurrence of the Central Government and, therefore, the orders Exhibit-1 and Exhibit 2 dated 3 May, 1974 and 1 July, 1974 respectively, issued by the Collector, Banner and the confiscation of the cement and the prosecution launched against the petitioner in pursuance thereof are liable to be quashed. 2. In exercise of the powers conferred by Section 5 of the Essential Commodities Act (Act No. 10 of 1955), the Central Government, vide S. O. No. 1844 dated June 18, 1966, directed--'(a) that the powers conferred on it by Sub-section (1) of Section 3 of the said Act to make orders to provide for the matters specified in Clauses (d), (e), (i), (g), (h), (i). (ii), and (j) ...
Nathulal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-14-1975
Reported in: AIR1976Raj12; 1975()WLN309
ORDERD.P. Gupta, J. 1. This is a petition under Article 226 of the Constitution of India praying for the quashing of the order of the State Government dated August 8, 1974, and for ancillary reliefs.2. The facts briefly are that on November 15, 1965 the petitioner submitted an application to the Chief Conservator of Forests, Rajasthan praying that he may be allowed to collect and take away on contract basis, like other forest products, 'Ratanjot seeds' which are a natural product of the forests in Udaipur forest area and which might be used for extracting oil. The petitioner made an offer for the collection and removal of 'Ratanjot' seeds from the Udaipur forest division during a period of ten years on making payment of an annual lease amount of Rs. 10,000 in respect thereof. The State Government by an order dated August 6. 1970 agreed to grant a lease in favour of the petitioner for the collection of 'Ratanjot' seeds from the entire Udaipur forest division for a period of ten years, o...
Usman Vs. the State
Court: Rajasthan
Decided on: Mar-14-1975
Reported in: 1975WLN(UC)100
Kan Singh, J.1. On 26-2-71 Usman appellant was convicted by the learned Sessions Judge, Jodhpur, of an offence under Section 302 IPC and sentenced to imprisonment for life.2. The deceased Rukia was the wife of the accused. The couple were married about a year before the incident giving rise to the present cafe. It appears that on 21-4-70 Mst. Rukia had a quarrel with the sister of her husband, who bad beaten her. The parents of Usman were not happy with Usman as he was not earning and was being felt as a burden by the parents. Some time in the evening of 21-4-70 when Usman came home, his wife Rukia complained to him about the mis-behaviour of her sister-in-law. It appears that Usman did not take kindly to this complaint and he thought of finishing Rukia. He obtained kerosene oil from a shop through his sister. The kerosene oil was then pouted on the person of Rukia and Usman set fire to Rukia's clothes with a matchstick. As a result, Rukia sustained severe burns. She cried and this att...
Om Prakash Vs. University of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-14-1975
Reported in: 1975WLN(UC)94
D.P. Gupta, J.1. The petitioner, who was a student of the Dayanand College, Ajmer, appeared at the B.Com. (Final) examination of the University of Raj. In the year 1974. He appeared in the first three papers of the aforesaid examination commencing from April 16, 1974. But while he was appearing at the fourth paper on April 22, 1974, the Invigilator concerned in the examination hall is alleged to have found a piece of paper in the answer book of the petitioner. The petitioner refuted the allegation and stated that the place of paper was lying on the ground and the petitioner had no concern with the same. The Invigilator prepared a report in the prescribed Performa which was shown to the petitioner and having read the same, the petitioner wrote thereon that he denied the truth of the said report. The petitioner was there after allowed to appear at the subsequent papers. However, the Centre Superintendent referred the case of the petitioner to the University on the allegation that the pet...
Everest Co-operative Housing Society Ltd. Vs. the State of Rajasthan a ...
Court: Rajasthan
Decided on: Mar-13-1975
Reported in: 1975(8)WLN58
Kansingh, J.1. This a writ petition under Article 226 of the constitution challenging the validity of certain acquisition proceedings taken under the Rajasthan Land Acquisition Act, 1953, herein after to be referred as 'the Act'.2. The petitioner is a Cooperative Society, hereinafter to be referred 'the Society'. On 12.5.60, the Government bad published a notification in the Rajasthan Rajpatra in exercise of their powers under Section 4 of the Act. The notification was as follows:Hkkx 1v jktLFkku jkT; iFk twu 9]1960&&&&&&&LFkkuh; LFkkir 'kklu l foHkkxfoKfIr;kWt;iqj ebZ 13 1960la[;k ,Q 2117 ,l-,p-th@1959 pwfd jkTkLFkku ljdkj dks ,slk izrhr gksrk gS Afd ljdkj }kjk lkoZtfud O;; ij ,d lkoZtfud dk;Z vFkkZr t;iqj uxj fodkl ;kstukc) gsrq ekStk ekSTkiqjk o pd lqn'kZuiqjk es eqlh;r LVsfM;e U;w gkbZ dksVZ fcfYMax ds fy, Hkwfe ds fy, tkus dh vko;'drk gksus dh laHkkouk gS vr% blds }kjk foKfIr fd;k tkrk gS AfuEu nf'kZr LFkku dh Hkwfe dks mi;qZDr dk;Z ds fy, ysus dh laHkkouk gS A;g foKfIr jkTkLFkku ...
Gram Panchayat Vs. Addl. Collector
Court: Rajasthan
Decided on: Mar-07-1975
Reported in: AIR1976Raj170
ORDERC.M. Lodha, J.1. This petition under Article 226 of the Constitution of India has been directed against the order of the Addl. Collector, Pali dated 8/2/1974 marked Ex. 26 (at pages 75 to 83 of the paper book). The validity of the order has been challenged on the ground that the Addl. Collector had no jurisdiction to entertain the revision petition filed by the non-petitioner No. 3 Shri Satyadeo from the orders of the Gram Panchayat, Barwa dated 18/3/1973, 23/3/1972 and 30th March, 1972 marked Ex. 3, Ex. 7 and Ex. 9 respectively.2. In order to appreciate the point canvassed before me, it would be proper to state a few relevant facts. On receiving a complaint from some villagers that the non-petitioners Nos. 2 and 3, who are father and son, have encroached upon a part of the public way, the Gram Panchayat, issued a notice dated 16/3/72 to the non-petitioner No. 2, to show cause why the encroachment be not removed, and fixed the case on March 18, 1972. The petitioner's case is that ...
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