Rajasthan Court April 1975 Judgments
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Bhawani Shanker Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-07-1975
Reported in: 1975WLN(UC)208
D.P. Gupta, J.1. Heard learned Counsel for the parties.2. The main grievance of the petitioner in the present writ petition was in respect of his seniority in the cadre of Lower Division Clerks. He also had a grievance regarding the date of his confirmation as according to the petitioner be should be deemed to have been confirmed much earlier than January 1, 1975, The petitioner prayed that the seniority list dated March 23/24, 1971 be set aside.3. The respondents No. 1 and 2 in their reply have stated that the impugned seniority list dated March 23/24, 1971 has been superseded and a fresh provisional seniority list of substantive Lower Division Clerks of Collectorate, Part as on February 1, 1975 has been issued and objections have been invited in respect thereof. According 10 the respondents No. 1 and 2 the grievance of the petitioner, in respect of his seniority does not subsist now, as the new seniority list dated January 31, 1975 has been prepared on the basis of the date of appoin...
Mohammed Yusuf Khan Vs. Mst. Zarina
Court: Rajasthan
Decided on: Apr-05-1975
Reported in: 1975(8)WLN238
K.D. Sharma, J.1. This is a reference made by the learned Additional Secessions Judge No. 1, Jodhpur, with a recommendation that the order of the City Magistrate, Jodhpur, dated 3-5-1972, making an allowance of Rs. 50/-. p.m. for the maintenance of Mohammed Yusuf Khan petitioner's minor son Allabeli, may be set aside and the case may be sent back to the learned City Magistrate, Jodhpur, for fresh decision in accordance with law.2. The reference arises under the following circumstances. Mohammed Yusuf was married with Mst. Zarina at Jodhpur on 16-7-1966. After the marriage a son was born in lawful wedlock whose name is Allabeli. On 19-1-1970, Mst. Zarina was divorced by her husband Mohammed Yusuf Khan and the minor child remained with her. As Mst. Zarina bad no sufficient means for the maintenance of her minor son and as Mohammed Yusuf Khan bad declined to maintain the minor, she appealed to the learned City Magistrate, Jodhpur, for grant of a maintenance allowance for her son Allabeli ...
Parbhati Lal Vs. Additional District Development Officer and ors.
Court: Rajasthan
Decided on: Apr-05-1975
Reported in: 1975WLN(UC)166
C.M. Lodha, J.1. This is a petition under Article 226 of the Constitution of India by Parbhatilal, the erst while Sarpanch of Panchayat Gudha, whose seat has been declared vacant by the Additional District Envelopment Officer, (Panchayats) by his order dated 28th December, 1973. In pursuance of this order a Notification was issued on 31st December, 1973 notifying that the petitioner's seat had fallen vacant on account of his having remained absent in five consecutive meetings of the Panchayat.2. The petitioner's case is that Bagh Singh, Up-Sarpanch bore grudge against him as the petitioner bad been instrumental in sending a copy of the panchayat's Resolution to the Additional District Development Officer for declaring the seat of Bagh Singh vacant on account of the latter's failure to attend five consecutive meetings of the Panchyat. He goes on to state that the Additional District Development Officer has not decided Bagh Sngh's case, which is still pending before him. It is alleged th...
Nirmala Vs. Gauri Shanker
Court: Rajasthan
Decided on: Apr-04-1975
Reported in: 1975WLN(UC)111
J.P. Jain, J.1. This appeal is by Nirmala against whom a decree for restitution of conjugal rights has been passed by the District Judge, Kota, on 7-12-1973 at the instance of Gauri Shanker, respondent. The parties were married according to Hindu rites in November, 1957 at Rota. For about 4-5 years their relations were happy. Another period of 4-5 years is said to have been not very pleasant. In June, 1967, Nirmala left her husband's house to join the marriage of her brother. It is not disputed that she did not return to her marital home and failed to join the society of her husband after that. Out of this wedlock four children were born. Three survived. Two of them are residing with Gauri Shanker where as the youngest child is staying with Nirmala. The petition was filed on 30th of March, 1970. It was stated by the petitioner that there is no real dispute between him and his wife and he is prepared to live peacefully with her but Nirmala is not prepared to come back to resume the soci...
Kandhari Babu Vs. State Transport Appellate Tribunal, Rajasthan, Jaipu ...
Court: Rajasthan
Decided on: Apr-03-1975
Reported in: AIR1975Raj203; 1975()WLN305
ORDERC.M. Lodha, J. 1. The dispute in this case is between two rival claimants for grant of permit to ply stage carriage on Chittorgarh-Banswara route via Shambhupura, Nimbahera, Chhotisadri, Dhamotra, Pratapgarh, People-rwoot, Khamera and Ghatol. This route was surveyed on the application of the petitioner Kandhari Babu. Originally scope of three Buses with one return service was fixed and the -petitioner was granted a temporary permit to ply on this route. Later on, the Regional Transport Authority, Udaipur, revised the scope and fixed it as five Buses with two return services by its Resolution dated 18 April, 1973. By a Notification dated 10 May, 1973 published in Rajasthan Rajpatra dated 14 June, 1973, the Regional Transport Authority, Udaipur invited applications for grant of non-temporary stage carriage permits on this route and the petitioner submitted his application on 4 July, 1973. The non-petitioner No. 3 Rooplal, who is the contesting non-petitioner in the present writ peti...
Laxman Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-02-1975
Reported in: 1975(8)WLN243
Kan Singh, J.1. This appeal has been brought by accused Laxman against the judgment of the learned Additional Sessions Judge, Gangapur City, dated 17th October, 1970, convicting the accused of an offence under Section 302 IPC and sentencing him to imprisonment for life together with a fine of Rs. 1,000, in default, further rigorous imprisonment for one year.2. The incident to which the case relates, took place on the night between 26th and 27th March, 1970 at the house of Moolia P.W. 4 at village Kot, which is within the bounds of the Police Station, Mahua situate at a distance of 14 miles from the police station. Moolia PW 4 was at his field that night and his wife Smt. Kistoori, aged 40 years, was at his house. She was aroused at dead of night when a miscreant tried to snatch away a Khangwali, an ornament worn on the neck. She tried to catch hold of the miscreant and was able to grasp the shirt worn by the miscreant. At that stage, the miscreant gave two stabs to Smt. Kistoori with a...
Bhagwat Swaroop Vs. Ramchandra and ors.
Court: Rajasthan
Decided on: Apr-02-1975
Reported in: 1975WLN(UC)107
J.P. Jain, J.1. The basis of this appeal is a suit instituted by Ram Chandra in the court of Munsif, Alwar for recovery of damages for malicious prosecution against Bhagwat, Swaroop appellant and Mool Chand and Harparsad. The damages were claimed in the sum of Rs. 1,000/-. The case of the plaintiff Ramchandra was that on 16.5.61 Bhagwat Swaroop at the instance of the other two defendants Mool Chand and Har Prasad filed a criminal complaint under Section 323 and 504, Indian P.C. in the Court of Munsif Magistrate First Class, Alwar. According to him the complaint was false, malicious and instituted without; reasonable and probable cause. Though Bhagwat Swaroop succeeded to obtain the conviction of Ram Chandra in the original Court and a sentence of Rs. 50/- on each count was imposed but in appeal he was acquitted by the learned Sessions Judge, Alwar on 31.5.62. It has also been stated by the plaintiff that he had purchased the shop in which firm Moolchand Har Prasad was carrying business...
Panna Vs. Sardar Surendra Singh
Court: Rajasthan
Decided on: Apr-02-1975
Reported in: 1975WLN(UC)130
V.P. Tyagi, J.1. This miscellaneous appeal is filed by Panna under Section 80 of the Workmen' Compensation Act, 1953 (hereinafter called 'the Act') and is directed against the order of the Workmen's Compensation Commissioner. Kota Division, Kota, dated May 20, 1969, distrusting the appellant's claim.2. The case of the appellant before the Commissioner was that his wife Mst. Raji was in the employment of respondent Sardar Surendra Singh who had taken a contract near Mangrol. Mst. Raji, along with other laborers, was being taken by the respondent to the sate of the work on March 8, 1967 but before the truck could reach the destination, it overturned with a result that Mst. Raji expired on the pot. A claim of Rs. 7000/ was filed by her husband appellant Panna under the Act. Sardar Surendra Singh denied his liability and came out with a plea that he did not employ Mst. Raji on the day when the accident had taken place for did he have any contract of constructing a bridge on the road for wh...
Kalyan, Daulatram and Sukhpal Vs. the State
Court: Rajasthan
Decided on: Apr-02-1975
Reported in: 1975WLN(UC)160
S.N. Modi, J.1. These three appeals, one by accused Kalyan, Daulatram and Sukhpal through their counsel, the second by accused Daulatram and Kalyan and the third by accused Sukhpal, both through jail are directed against the judgment of the Additional Sessions judge, Bundi, whereby he convicted Dauiatram under Section 302 IPC for the murder of Hardeva and Kalyan and Sukhpal under Section 302 and Section 302 read with Section 34 IPC for the murder of Gopiram alias Gopi respectively. Each one of them has been sentenced to under go imprisonment for life.2. The prosecution case as revealed by the eye witnesses PW 1 Jagannath, PW 7 Balaknath, PW 8 Lorkia end PW 9 Raghunath is like this.3. The two deceased Gopi and his son Hardeva resided at Banthall. Accused Kalyan and his son Daulatram resided at Neem-ka-kheda. Deceased Gopi's daughter Mst. Rami was married to accused Dauiatram and Mst. Sukpali, daughter of Kalyan, was married to Hardeva Mst. Sukhpali left her husband Hardeva sometime ago ...
Mst. Anchi Vs. Satyanarayan
Court: Rajasthan
Decided on: Apr-01-1975
Reported in: 1975WLN(UC)106
J.P. Jain, J.1. This appeal is by Smt. Anchi, who lost her claim for restitution of conjugal rights against Satya Narayan, her husband in the Court of District Judge, Jodhpur.2. The parties are 'DARJI' by caste. They were married in Samvat year 2007. They stayed together discharging their marital obligations upto 1.11.1967 By this wed lock they bad one son and one daughter. The son died soon after his birth. The daughter is alive and she is Teepoo by name and is staying with her mother Smt. Anchi Satya Narayan is an employee in the Northern Railway. According to Anchi he had been cruel to her. He used to have illicit inter-course with other women. However, she managed to stay with him as far as possible for her. On 1-11-67 according to the petitioner she was cruelly beaten and turned out of the house. Then she went to her father's house in village Khagta and has been staying with him since then, Anchi says that she is ready and willing to go to her husband's house but he has been negle...
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