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Rajasthan Court August 1975 Judgments

Aug 29 1975

J.S. Bhati Vs. the Council of Institute of Chartered Accountants of In ...

Court: Rajasthan

Decided on: Aug-29-1975

Reported in: AIR1976Raj86; 1975()WLN502

V.P. Tyagi, J.1. Mr. J.S. Bhati has filed this appeal under Section 22A of the Chartered Accountants Act, 1949, (hereinafter called 'the Act') challenging the correctness of the order dated 14th September, 1973, passed by the Council of the Institute of Chartered Accountants of India.2. The brief facts giving rise to this appeal are as follows:The appellant is the proprietor of the firm of Chartered Accountants named as M/s. Bhati and Company, Bikaner. It is alleged that the appellant had audited the accounts of Shri Patel Primary School, Sri Ganganagar continuously for the years 1965 to 1969 asthe auditor of the said institution. For 1969-70 respondent Shri M.L. Agrawal, the proprietor of the firm of Chartered Accountants carrying on his business in the name and style M/s. M.L. Agrawal & Co., was appointed as the auditor to audit the accounts of Shri Patel Primary School, Bikaner. It is said that the manager of the said school again appointed the appellant to audit its accounts for tw...

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Aug 28 1975

Jagdish Chandra Vs. Basanti Lal

Court: Rajasthan

Decided on: Aug-28-1975

Reported in: 1975(8)WLN495

J.P. Jain, J.1. This is an appeal by the tenant arising out of a suit in ejectment and for recovery of mesne profits,2. The suit shop is situate in the town of Udaipur. It was constructed in October, 1968 Basanti Lal admitted Jagdish Chandra as a tenant of this shop on and from 18th of January, 1969 under the rent note of that date Ex. 1. The agreed rent was Rs. 150/- per month. Under Clause 7 of the agreement the tenancy was fixed for one year but under Clause 8 it was stipulated between the parties that the suit shop was liable to bf vacated after one month's noice. On January 16, 1970 Basanti Lal determined the tenancy of Jagdish Chand by notice with effect from February 18, 1970. The tenant having failed to vacate the suit shop Basanti Lal brought the present suit under appeal on April 24, 1970, for ejectment and for recovery of Rs. 300/-, as damages for use and occupation of the suit shop.3. The suit was opposed by Jagdish Chandra by his written statement submitted of 4th Nov., 70...

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Aug 27 1975

Nagar Palika Vs. Radhey Shyam and anr.

Court: Rajasthan

Decided on: Aug-27-1975

Reported in: 1975(8)WLN449

V.P. Tyagi, J.1. This is an appeal of Nagar Palika Chittorgarh against the order of the District Judge, Partabgarh (Camp Chittorgarh) dated 24th March, 1975 whereby the learned Judge allowed the interest on the entire compensation to be realised from she appellant.2. The facts giving rise to this appeal are in a out-shell as follows : The land belonging to the respondent was acquired under the provisions of the Rajasthan Land Acquisition Act, 1953 (hereinafter cased 'the Act') for the Municipal Board, Chittorgarh. The Land Acquisition Of seer after hiving undergone all the formalities of use Act de e mined the composition on 28th August, 1959. The amount of compensation fixed by him was Rs. 4772 50 Having felt aggrieved by the decision of a e Land Acquisition Officer the owner of the land got case referred under Section 18 of the Act to the District Judge, Paragraph to get the proper compensation determined by him. The learned Judge by his judgment dated 17th Decemder. 1969 in Misc cas...

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Aug 27 1975

Santal Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Aug-27-1975

Reported in: 1975(8)WLN513

P.D. Kudal, J.1. This is a criminal revision against the judgment of the learned Addl. Sessions Judge, Sri Ganganagar, dated February 2, 19(sic)2, whereby the conviction of the accused-applicant under Section 337, 304(a) and 279, IPC was sustained.2. The facts of the prosecution case, in brief, are that a report was lodged with the police on 18-5-1969 by Pritam Singh that at about 12.30 pm. when he was going to meet his friend Dalip Singh, a truck coming from Hindumalkot and going to Kota had struck down a cyclist resulting in his death. The driver was driving the truck with a great speed, and as such, necessary suitable action be taken against him. The accused was challenged and sent for trial before the Munsiff-Magistrate, Ganganagar. The learned Magistrate convicted the accused-applicant under Section 279, IPC to six months simple imprisonment and a fine of Rs. 600/-. He was also convicted under Section 304A, IPC to two years rigorous imprisonment and a fire of Rs. 2000/-, and in de...

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Aug 27 1975

Banwarilal and anr. Vs. Ambalal and ors.

Court: Rajasthan

Decided on: Aug-27-1975

Reported in: 1975WLN(UC)337

S.N. Modi, J.1. This appeal arises out of a suit for redemption in respect of a house situated at Udaipur, more particularly described in para No. 1 of the plaint.2. The house in dispute was mortgaged by Champalal & Moonlal for Rs. 1,999 on 9-11-20 in favour of Kesarilal for a period of 11 years. Both Champalal and Moonlal died. The legal representatives of Champalal are the plantiff Ambalal and defendant Narain Villabh. So far as Mooulal is concerned, his sole legal representative is defendant Kajodilal. The mortgagee Kesarihl also died and his legal representatives are Mst. Kastootbai and Banwari Lal. On 18-5-63 Banwarilal sub-mortgaged the property in favour of Motilal for Rs. 4999. On 17-8-63 the plaintiff Ambalal served a notice calling upon the mortgagees and sub-mortgagees to accept mortgage money and redeem the house . Ultimately, the plaintiff Ambalal filed the suit for redemp ion in the Court of Munsif, Udaipur and valued the suit for the purposes of jurisdiction at Rs. 1999 ...

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Aug 26 1975

Ramjeewan Vs. Chand Mohammed

Court: Rajasthan

Decided on: Aug-26-1975

Reported in: AIR1976Raj65; 1975()WLN423

J.P. Jain, J.1. This second appeal was filed against Chand Mohammed. Chand Mohammed had died during the pendency of the first appeal in the lower appellate Court and his legal representatives had been brought on record. By mistake the cause title in the lower appellate Court was not amended and the decree-sheet drawn mentioned the name of Chand Mohammed as appellant instead of his legal representatives. This error resulted into filing the appeal by Mr. H.M. Parikh against Chand Mohammed, a dead person. Notice of this appeal was received by Seikh Mohammed son of the deceased Chand Mohammed, but it was stated that Chand Mohammed had died. On 26-3-1974 when the case was fixed in the office for service Mr. Parikh came to know of this fact. After inquiry from his client he filed an application on 27-3-1974 for deleting the name of Chand Mohammed and for impleading the names of his legal representatives as respondents in the appeal. The application under Section 5 of the Limitation Act was a...

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Aug 26 1975

General Auto Agencies Vs. Hazari Singh

Court: Rajasthan

Decided on: Aug-26-1975

Reported in: AIR1976Raj56; 1975()WLN631

V.P. Tyagi, J. 1. This is defendant's first appeal against the judgment and the decree of the learned Additional District Judge No. 2, Jaipur City dated 21st September, 1974.2. There is a building situate on the Mirza Ismail Road, Jaipur known as Bhagwat Bhawan. A part of this building was rented out to defendant M/s. General Auto Agencies for the rent of Rs. 425 per month. According to the plaintiff this part of the building was sold by the owners of the building to the plaintiff on 7th November, 1963, for Rs. 48,499, Shri Mangilal the proprietor of the building who sold it to the plaintiff wrote to the defendant on 7th December, 1968 that the premises had been purchased by the plaintiff, and, therefore, rent may henceforth be paid to the plaintiff. This notice was received by the defendant firm on 13th December, 1968 and it is alleged that thereafter the defendant started paying rent at the rate of Rs. 425 per month to the plaintiff and continued to pay it till February, 1969. It app...

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Aug 26 1975

Kumari Inderjeet Kaur Vs. the State of Rajasthan and ors.

Court: Rajasthan

Decided on: Aug-26-1975

Reported in: 1975WLN(UC)328

M.L. Joshi, J.1. This is a petition under Article 226 of the Constitution of India praying for quashing Annexures 3 and 4 whereby the petitioner's examination to beheld in the year 1975 has been cancelled.2. The relevant facts giving rise to this writ petition stated in brief are as follows. The petitioner Kumri Inder Jeet Kaur passed her examination of XI Class from Nathmal Jain Trust Grils Higher Secondary School Gurakhpur (Jabalpur) in the year 1974. The Xth Class examination which the petitioner passed was a home examination and was not one held by any Board. The petitioner had to shin to Bikaner as her father being a Government servant had been transferred to Bikaner. The petitioner therefore through her guardian applied on the prescribed form to the Head Mistress of Government Maharani Higher Secondary Schoo1 Bikaner for being admitted to XIth class Provisional admission was given by the Head Mistress in class XI and the petitioner's application was forwarded to the Board at the ...

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Aug 26 1975

Bherun Vs. State of Rajasthan

Court: Rajasthan

Decided on: Aug-26-1975

Reported in: 1975WLN(UC)318

M.L. Shrimal, J.1. Accused Bherun, son of Moti Jat was convicted by the learned Munsiff Magistrate, First Class, Gangapur under Section 324 IPC for causing injuries by an axe to Mst. Jamni & was sentenced to 2 months' rigorous imprisonment and fine of Rs. 300/-, in default of the payment of which to undergo imprisonment for further period of one month. It was also ordered that out of the fine, if realised Rs. 100/- will be paid to Mst. Jamni as compensation The convicted accused preferred an appeal to the Court of Sessions Judge, Bhilwara who by his judgment dated January 22, 1972 dismissed the same. Hence this revision.2 The prosecution story in a nut shell is that PW. 1 Smt. Jamni, widow of Bakhtawar Jat had taken PW. 4 Gopi in adoption and as such the accused bore an ill will towards her. On October 25, 1970 at 7 p.m Mst. Jamni came from her fields to her house Accused Bherun intercepted her at the outer door of her 'Gawadi' and inflicted axe blows causing three injuries on her pers...

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Aug 25 1975

Rugunath Singh Vs. Balabux and anr.

Court: Rajasthan

Decided on: Aug-25-1975

Reported in: 1975(8)WLN427

J.P. Jain, J.1. This is tenant's appeal arising out of a suit for ejectment filed by Balabux and Om Prakash. The eviction of the tenant from the suit house was sought on two grounds : (1), that the suit property was required by Om Prakash reasonably and bonafide; and (2) that the defendant had materially altered the demised premises. The alterations are specified in pata 4 and and 5 of the plaint. The suit was resisted by the tenant on various grounds. After trial the learned Munsif dismissed the plaintiffs' claim and found that the requirement of the plaintiffs of the suit property was not reasonable and benafide and the defendant had not made any alteration in the demised premises as to call that a material alteration. As regards the 'Pardi' wall admitted to have been constructed in the third floor under the in shed he held that it was so done by the permission of the landlord The plaintiffs filed an appeal. The learned Additional Civil Judge, to whom the appeal was entrusted to disp...

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