Rajasthan Court July 1975 Judgments
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Balakdas Vs. ShivnaraIn and anr.
Court: Rajasthan
Decided on: Jul-18-1975
Reported in: 1975WLN(UC)267
V.P. Tyagi, J.1. This is plaintiff's appeal against the judgment and decree of the learned District Judge, Alwar dated 19th January, 1973 dismissing the suit of the plaintiff for the recovery of Rs. 10,840/- on the basis of a pronote and the receipt executed by the defendant respondents.2. The case of the plaintiff was that he was a Pujari of a temple situate in between the two villages Jaitpur and Hudia. The defendants borrowed Rs. 8,000/- from the plaintiff after executing a pronote and a receipt which were scribed by PW 2 Ramavtar. The receipt had the thumb impressions of the two witnesses PW 3 Jagram and PW 4 Ghisa. Since the pronote did not contain the prescribed value of the stamp, therefore it was not found by the court below admissible in evidence. On the basis of the receipt and the oral testimony adduced by the plaintiff, the decree was sought by the appellant but the learned lower Court dismissed the plaintiff's claim disbelieving the statements of the plaintiff and his witn...
Mangilal Vs. Smt. Nathi
Court: Rajasthan
Decided on: Jul-16-1975
Reported in: 1975WLN(UC)264
J.P. Jain, J.1. This execution second appeal is by the judgment-debtor Mangilal and directed against the appellate order dated 19-4-74 of the Additional District Judge, Churu, by which he affirmed the orders of the execution court dated 17.3.73 and 27.4.73.2. Mst. Nathi obtained a decree for maintenance against her husband Mangi Lal from the Court of Civil Judge, Churu. On 5.5.72 she applied for the execution of the decree. She took the execution for the amount of Rs. 4107 20 p. & she prayed that the judgment-debtor is drawing Rs. 253/- per month as his salary and, as such, one-third of his salary be attached in execution of her decree. On 6.5.72 the executing court passed an order that half of the amount beyond Rs 200/ of the judgment-debtor's salary be attached. The orders of attachment were issued accordingly. On 17.3.1973 on behalf of Smt. Nathi an application was submitted before the executing court saying that she was entitled to get one-third of the salary of the judgment-debtor...
Shamsher Singh and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-15-1975
Reported in: 1975(8)WLN400
ORDERWhereas I, Ram Singh, Secretary to the Government of Rajasthan, Home Department, am satisfied with respect to the person known as Shamsher Singh s/o Shri Heeraial Jain, residing at Kundigaron-Ka-Rasta, Jaipu, that with a view to preventing him from engaging in keeping smuggled goods, and dealing in smuggled goods otherwise than by engaging in transporting or keeping smuggled goods, it is necessary to make the following order;Now, the refore, in exercise of the powers conferred by Section 3(1) of the Conservation of Fereign Exchange and Prevention of Smuggling Activities Act, 1974 (Act 62 of 1974), 1, Ram Singh, Secretary to the Government of Rajasthan, Home Department, direct that the Said Shri Shamsber Singh s/o Shri Heeraial Jain be detained.sd/- Ram Singh(Ram Singh)Secretary to the Government.Place JaipurDate 19th Dec, 1974.ToShri Shamsher Singh,s/o Shri Heeraial Jain,residing at Kundigaron Ka Rasta,Jaipur.It was issued by Shri Ram Singh, Secretary to the Government in the Home...
Mobasingh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-14-1975
Reported in: 1975(8)WLN373
C.M. Lodha, J.1. The appellant Mobasingh has been convicted by the Additional Sessions Judge No. 2 Sri Ganganagar under Section 302 I.P.C. and sentenced to life imprisonment and a fine of Rs. 50/-. He has also been convicted under Section 201 I.P.C. and sentenced to three years rigorous imprisonment and a fine of Rs. 100/-. Both the sentences were made to run concurrently. His son Sahibsingh was also tried along with him under Section 201 I.P.C for causing disappearance of evidence namely, murder of the deceased Gomasingh, but he was acquitted and there is no appeal by the State from his acquittal.2. Succinctly staged, the prosecution case is that the deceased and the accused-appellant (who will, hereinafter, be referred to as 'the accused') were brothers in-law to each other, in as much as their wives were sisters. Gomasingh used to live in village Kikarwali, whereas the accused is a resident of village Baehir, which is at a distance of about 10 miles from Kikarwali. The accused owed ...
Ajit Singh Vs. Ram Singh
Court: Rajasthan
Decided on: Jul-11-1975
Reported in: 1975WLN(UC)271
K.D. Sharma, J.1. This is a reference made by the learned Additional Sessions Judge, Jalore, with a recommendation that the order of the Munsift-Magistrate, Jalore, dated 30-8-73, refusing to grant copies of the statements during the course of investigation may be set aside and the learned Magistrate may be directed to furnish copies of such statements to the petitioner.2. The reference arises under the following circumstances. A first information report was lodged with the police at police station, Nosra, that Balwant Singh son of Ram Singh non petitioner was murdered by other co-accused in conspiracy with Ajit Singh petitioner. The police made usual investigation into the case, recorded the statements of the prosecution witnesses and came to a conclusion that Ajit Singh petitioner did not take part in the conspiracy. The investigation agency, therefore, did not put up a charge-sheet, against the petitioner in the court of the Munsiff Magistrate, Jalore. There upon, Ram Singh, non pet...
Pramod Kumar Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-11-1975
Reported in: 1975WLN(UC)273
K.D Sharma, J.1. Pramod Kumar petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Criminal Procedure Code, 1973, for quashing toe proceedings under Section 345, CrPC initiated by the learned Judicial Magistrate, Bhinmal, and for expunging certain remarks made against him in his order dated 15th October, 1974.2. The short facts giving rise to this application may be stated as follows. Mohan Lal son of Roopji Meghwal resident of Bhinmal filed an application before the Judicial Magistrate, Bhinmal, on 5-10- 1974 that he deals in bicycles and that one Babulal had taken his cycle on hire about three months ago and that he came to know that the said cycle bad been deposited with the police at police station, Modaran. He requested the Court to hand over the cycle to his custody. Upon receipt of this application, the learned Magistrate Directed the petitioner, who was working as Assistant Public Prosecutor in his court, to obtain a report from the Station Ho...
Mst. Nathi and ors. Vs. Shanker and ors.
Court: Rajasthan
Decided on: Jul-09-1975
Reported in: 1975(8)WLN330
S.N. Modi, J.1. This is a civil second appeal in a suit for redemption of a house described in para 2 (ch) of the plaint.2. The relevent facts giving rise to this appeal may briefly be stated thus. On 27 11.14 Jasraj and his son Sardarmal mortgaged the house is dispute for Rs. 152/- to Navla and Dhanna. It was a usufructuary mortgage. On 12 1 27 Chunilal, his son Sukbdeo and Shanker purchased the mortgage rights from Navla and Dhanna, It appears that after the death of jasraj and Sardarmal, Dhanraj (defendant No. 6 in the present suit) brought a suit for redemption of the mortgage against Shanker and the legal representatives of Sukhdeo and Chunnilal who are defendants Nos. 1 to 5 in the present suit, In that suit, Sardarmal's another son Hastimal or his legal representatives, namely, the plaintiffs, were not impleaded as parties to the suit, The suit filed by Dhanraj was decreed and he was ordered to redeem the mortgage by depositing mortgage money amounting to Rs. 151/- and Rs. 200/ ...
Har Prasad Vs. Radheylal and ors.
Court: Rajasthan
Decided on: Jul-09-1975
Reported in: 1975(8)WLN348
J.P. Jain, J.1. Both these revision applications arise between the same parties and they are off-shoots of a protracted trial pending in the Court of Munsif and Judicial Magistrate First Class, Alwar.2. Har Prasad petitioner filed a complaint against Radbey Lal, Bhagwat Swaroop and Onkar Singh Rekhawat for various offences on 18.6.65 During the proceedings Onkar Singh Shekhswat was discharged The complaint survives and is continuing against Radhey Lal and Bhagwat Swaroop, who are said to be the brothers of the complainant Har Prasad. On 30.1.1972 charge was framed against both the accused persons under Section 454, Indian P.C. The complainant examined to many as 40 witnesses on behalf of the prosecution On 29.8.74 the learned trial Court examined Mangtu Ram as P.W. 40. Since other witnesses were not present he closed the prosecution evidence and called upon the accused to enter upon defence. The complainant Har Prased submitted another application asking the Court to examine Ramjilal, ...
Smt. Rampyari ors. Vs. Santokhsingh
Court: Rajasthan
Decided on: Jul-09-1975
Reported in: 1975WLN(UC)240
S.N. Modi, J.1. This is a defendant's second appeal in a suit for injunction and possession.2. The house of appellant is situated near the railway station Bayana, Towards the north of the house of the appellants, there is a plot of land which is 175 square yards in area. This plot of land was purchased by the plaintiff respondent on 4.12.62 for Rs. 840/- from the Municipal Board, Bayana According to the plaintiff respondent, the possession of this plot of land was handed over to him but the defendant appellants planted some trees there and thereby encroached upon the plaintiff's plot. The plaintiff therefore filed the present suit for restraining the defendant-appellants from encroaching upon his plot and also claimed possession of the plot. The defendant appellants contested the suit and pleaded that the suit property had been in their possession since 1947 They also pleaded that they had put fencing around the land and planted fruit and flower plants therein. It was further mentioned...
The Union of India (Uoi) Vs. Firm Sukanlal Sohanlal
Court: Rajasthan
Decided on: Jul-09-1975
Reported in: 1975WLN(UC)278
J.P. Jain, J.1. This appeal has been filed by Union of India against which a decree for Rs. 8500/13/6 has been passed by the Civil Judge, Pali and affirmed by the District Judge, Pall.2. Firm Sukanlal Sohanlal, a joint Hindu family firm instituted a suit on 5-4-48 against the Darbar, Jodhpur, representing the Jodhpur State Railway and Governor General, Government of India, as representing B.B. & C.I. Railway, New Delhi, in the Civil Court Pali. The allegations in the plaint were that the plaintiff firm despatched two consignments of two packets each from Bombay Central to Marwar Pali The first consignment was by Parcel Way Bill 795164 dated 19-3-1047 and the second consignment was by Parcel Way Bill No. 796582 dated 23-3-1947. According to the plaintiff firm both the consignments contained artificial silk, and the price of the goods was Rs. 8651/2/6 which has beed specified in detail in appendix accompanying the plaint. It was alleged that the parcel did not reach Marwar Pali within a ...
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