Rajasthan Court April 1975 Judgments
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The State of Rajasthan and anr. Vs. Puralal
Court: Rajasthan
Decided on: Apr-11-1975
Reported in: 1975WLN(UC)204
V.P. Tyagi, J.1. This is defendants' Civil First Appeal directed against, the judgment and decree of the Additional District Judge, Joalawar, dated March 30, 1973, whereby the State was directed to return the amount of Rs. 7,487.42 to the plaintiff respondent Paralal, which was recovered by the State Government under the proceedings taken under the Public Demands Recover; Act.2. The case of the plaintiff was that he had dealings with the Jhalawar State Bank, which was taken up by the State Government after the formation of farmer Rajasthan, when the Jhalawar State was merged with other constituents unite of the new State of Rajasthan. According to the averments made by the plaintiff in the plaint he had borrowed from the Chaumahala branch of the Jhalawar Stale Bank Rs. 1,200/- in the year 1946. On September 30, 1948, she plaintiff was called by the Manager of the Chaumahala branch of Jhalawar State Bank through Sambhu Chaprasi (P.W. 3) at about 9 P.M. in the Bank and was asked to sign ...
Ganesh Mal Vs. Magan Raj
Court: Rajasthan
Decided on: Apr-10-1975
Reported in: 1975(8)WLN146
V.P. Tyagi, J.1. This appeal of judgment-debtor Ganesh Lal is directed against the order of the learned Addl. District Judge, Sirohi, dated January 19, 1974, where by two applications of the judgment-debtor, one filed on 4th December, 1973, are the other on 18th December, 1973, were dismissed by the executing Court.2. The facts giving rise to this appeal may, in nutshell, be summarized as follows Decree-holder respondent Magan Raj obtained a decree from the Court of Civil judge on 21st October 1967. In the execution proceedings, the judgment debtor took a pie a that he was an agriculturist; but that plea was rejected by the executing court. It appears that the house belonging to the judgment debtor was got attached by Megan Raj, decree-holder, and in that connector an application was filed on 18tn December, 1973 by the judgment-debtor that the house attached was exempted from attachment under the provisions of Section 60 of the Code of Civil Procedure because it was a residential house...
Utsav Lal Gupta Vs. Firm Mohan Brothers and ors.
Court: Rajasthan
Decided on: Apr-09-1975
Reported in: AIR1975Raj236; 1975()WLN154
V.P. Tyagi, J.1. This is a plaintiffs' appeal against the judgment and decree passed by the Additional District Judge No. 1, Jodhpur, dated June 3, 1972, and it arises out of the following circumstances:The plaintiffs filed a suit for Rupees 10,000/- as principal advanced on pronotes on different dates to the defendant firm Mohan Brothers. Station Road, Jodhpur, and Rs. 1,425/- as interest thereon. The pronotes were admitted by the defendants, but certain legal pleas were raised by the defendants, which I need not mention here, as the controversy in this appeal is limited only on the question of the interest awarded to the appellant for the period prior to the institution of the suit and also interest pendente lite. During the course of the arguments before the learned Judge it appears that one of the plaintiffs Shri Utsavlal. who is now the sole appellant in this Court, his father Ram Gopal having died during the pendency of the appeal, gave in writing to the learned Judge that he wou...
Parmeshwar Sarup Vs. Smt. Madhu
Court: Rajasthan
Decided on: Apr-09-1975
Reported in: 1975WLN(UC)121
J.P. Jain, J.1. By the order dated 19.10.74 under appeal the District Judge, Jaipur City, deposed of two applications; one filed by Parmeshwar Sarup, father and other by Smt. Medhu mother of the minor girl Guddu alias Gyanwati, under the Guardians of Wards Act 1890. He dismissed the application of the father and appointed Smt. Madhu as the guardian of the girl in the interest of the minor.2. Smt. Madhu submitted the application on 2.6.73 and it was registered as No. 93/73; where as the application of Parmeshwar Sarup was filed on 2.7.73 and registered as No. 87/73. Both these petitions were consolidated and tiled together. The admitted facts of the case are that the parties were married at Jaipur in November, 61. Out of this wedlock three Children were born. First son Surya Sarup was burn in 1963, second son Prakash Sarup was born in the year 1966 and the girl in question was born on 13.8.1968. Both the sons are living with the father, and there is no doubt with regard to their guardia...
The State Vs. Kamal Singh
Court: Rajasthan
Decided on: Apr-09-1975
Reported in: 1975WLN(UC)180
Kan Singh, J.1. These are two appeals brought against the judgment of the learned Special Judge, Jaipur City, dated 30.1.68. Three persons, namely, Radbakumar, Kishan Sahai and Kamalsingh were put on trial before the learned Special Judge for off rices under Sections 409, 420, 467 IPC and Section 6(1)(c)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The learned Special Judge convicted the accused Radhakumar under Sections 420 and 468 IPC as also under Section 5(2) of the Prevention of Corruption Act, 1947. He was awarded two years' rigorous imprisonment and a flue of Rs. 500/- in default, further three months' rigorous imprisonment, two years' rigorous imprisonment and a fine of Rs. 500/- in default, further three months' rigorous imprisonment and two years' rigorous imprisonment and a fine of Rs. 500/- in default, further three months' rigorous imprisonment, on the three counts respectively. The substantive sentences of imprisonment were ordered to run concurren...
Jaichand Lal Vs. Ramjilal and ors.
Court: Rajasthan
Decided on: Apr-08-1975
Reported in: 1975(8)WLN162
C.M. Lodha, J.1. This writ petition is an off shook of Civil Misc. Appeal No. 6 of 1075. The petitioner was elected as a member of the Municipal Board, Chapper from Ward No. 9 on 16/9/1974, and subsequently he was also elected as Chairman of the Board. The non-Petitioner No. 1 Ramjilal filed an election petition (No 38/59) under Section 38 of the Rajasthan Municipalities Act, 1959 (which will hereinafter to be referred to as the 'Act'), challenging the legality and validity of the petitioner's election. The learned Civil Judge, Churu, who tried the election petition, set aside the petitioner's election by his order dated 16/1/1976, and farther declared non petitioner No. 1 as duly elected from Ward No. 9 Aggrieved by the order of the learned Civil Judge, the petitioner filed appeal to this Court, which has been registered as S.B. Civil Misc. Appeal No. 6 of 1975. He also submitted a stay application for staying operation of the order of the learned Civil Judge. The stay application was...
Kalu Ram and ors. Vs. Jagdeo Das and anr.
Court: Rajasthan
Decided on: Apr-08-1975
Reported in: 1975WLN(UC)173
J.P. Jain, J.1. Plaintiffs have challenged the order of the Civil Judge, Chittorgarh dated 27-7-74 passed in civil original suit No. 17 of 1974 whereby he stayed his hands from proceeding with the suit and directed the parties to approach the Assistant Commissioner, Devasthan for taking a decision as to whether the temple in question is a public trust or not.?2. The plaintiffs instituted a suit on 20-4-1965 in the court of District Judge, Partabgarh claiming themselves as the founders and the managers (trustees) of the temple known as temple of Bichhavat situate in Chittorgarh against Dwarka Das and two others During the pendency of the suit, Dwarka Das the alleged Pujari of the temple died. Accordingly the suit was amended and in his place his son Jagdeo Das has been impleaded as defendant No. 1. Tae other two defendants Bhagwanji and Sahkari Bhandar. Chittorgarh are proforma defendants and they are said to be the tenants in the temple property. The case of the plaintiff as sat out in...
Rana Takhatsingh Vs. Board of Revenue and ors.
Court: Rajasthan
Decided on: Apr-07-1975
Reported in: AIR1975Raj239; 1975()WLN123
P.N. Shinghal, C.J. 1. The petitioner claims that he was the ex-Rana of Wav in Gujarat, and that Wav was ceded to the Government of India on May 28, 1948. He has stated that he was the Jagirdar of Sarwana and Barwana villages of Sanchore Tehsil, but he relinquished his rights 'in village Sarwana to the former Jodhpur State against an yearly payment of Rs. 577/- as income from the said village'. As regards Barwana, the petitioner has stated that he placed it under the management of the former Jodhpur State on condition that the State would look after his rights and render an account to him. The tribute for both the vilages was, according to the petitioner, paid by him and his ancestors to the Jodhpur State. The petitioner applied on August 27, 1963, for grant of compensation as his jagir was resumed under the Raiasthan Land Reforms and Resumption of Jagirs Act, 1952, hereinafter referred to as 'the Act'. The Jagir Commissioner asked him to substantiate his 'title' and ultimately decided...
State of Rajasthan Vs. Bhanwaru Khan and ors.
Court: Rajasthan
Decided on: Apr-07-1975
Reported in: 1975CriLJ1981; 1975()WLN179
Kalyan Dutta, J.1. By his order dated 4-6-1974, the Chief Judicial Magistrate, Bikaner, released Bhanwaru Khan, Mohammad, Alfu, Ganni and Bhanwaru son of Rahaman, non-petitioners on bail upon each of them furnishing a personal bond in the amount of Rs. 10,000/-, together with two sureties for Rs. 5000/-, each. Aggrieved by the order of the Chief Judicial Magistrate, the State of Rajasthan moved the Sessions Judge, Bikaner, for cancellation of bail granted to the non-petitioners. The learned Sessions Judge, Bikaner, rejected the application for cancellation of bail by his order dated 17-9-1974. Hence, the State has come up to this Court by way of an application under Sub-section (2) of Section 439 of the new Criminal Procedure Code for a direction that the non-petitioners, who have been released op bail, be arrested and committed to custody.2. I have carefully gone through the record and heard the arguments advanced by Shri G. A. Khan for the State of Rajasthan and Mr. V. S. Dave, learn...
Ram Pal Vs. Kalu Alias Ramdeo
Court: Rajasthan
Decided on: Apr-07-1975
Reported in: 1975WLN(UC)182
V.P. Tyagi, J.1. This appeal of Rampal is directed against the order of the District Judge, Ajmer, dated January 7, 1970 rejecting the application of the appellant for the grant of succession certificate under the provisions of the Indian Succession Act, 1955 (hereinafter called 'the Act').2. The petitioner appellant filed a petition before the District Judge, Ajmer, claiming himself to be the successor of deceased Jeetmal who died issueless, his wife having predeceased. The petitioner was the son of a real brother of Jeetmal. He therefore prayed that a succession certificate be given to him in respect of the debts mentioned in the schedule annexed to the petition. In the pedigree table given in the petition, one Anna Ram was also shown as the nephew of the deceased but Anns Rom did not object the claim of Rampal forgetting succession certificate. One Kalu alias Ramdeo however submitted an objection to the petition filed by the petitioner appellant on the ghround that deceased Jeetmal ...
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