Rajasthan Court August 1975 Judgments
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Mohanlal Vs. Dayaldas and Co.
Court: Rajasthan
Decided on: Aug-22-1975
Reported in: AIR1976Raj68; 1975()WLN437
V.P. Tyagi, J. 1. Both these appeals arise out of the judgment of the learned District Judge, Jaipur District, Jaipur, dated February 7, 1973, in a suit filed by the plaintiff Dayaldas and Co. for the refund of Rs. 10,000/- which was paid to the defendant as an advance money for the purchase of lands Khasra Nos. 261, 266 and 268 measuring 6 Bighas and 9 Biswas. 2. The facts giving rise to this litigagation are, in a nut shell, as follows : Mohanlal defendant entered into an agreement on June 8, 1970, to sell to the plaintiff agricultural land measuring 6 Bighas and 9 Biswas (bearing Khasra Nos. 261, 266 and 268). The plaintiff paid to the defendant as an advance Rs. 10,000/-. It was agreed between the parties that by December 6, 1970, the defendant shall execute the sale deed in favour of the plaintiff and the possession of the plots of land agreed to be sold by the defendant shall be transferred to the plaintiff. One of the conditions of the sale was that out of these three plots of l...
Maina and ors. Vs. Niranjan Singh and ors.
Court: Rajasthan
Decided on: Aug-19-1975
Reported in: AIR1976Raj71; 1975()WLN442
V.P. Tyagi, J.1. This appeal has been filed by the claimants under Section 110-D of the Motor Vehicles Act, 1939 challenging the award of the Motor Accident Claims Tribunal, Bikaner dated 6th June, 1970. 2. On 2nd June, 1966 one Ram Kumar was looking after his truck on the road between Gajner and Bikaner at a distance of about 5 miles from Nail. A truck bearing No. R. J. K. 3528 driven by Niranjan Singh driver came from Bikaner side and dashed against Ram Kumar who was standing on the road. As a result of that accident Ram Kumar sustained serious head injuries. He was immediately removed to the hospital but his life could not be saved. Ram Kumar's wife Smt. Maina, his minor son Babu, minor daughter Panchu and mother Smt. Chandra filed a claim before the Motor Accident Claims Tribunal, Bikaner for Rs. 10,000/- as damages for the death of Ram Kumar. In their application driver Niranjan Singh, owner of the truck Mohan Lal and the General Assurance Society Ltd. were made parties. 3. Mohan ...
Champalal Vs. Ramchander and anr.
Court: Rajasthan
Decided on: Aug-19-1975
Reported in: AIR1976Raj75; 1975()WLN607
S.N.Modi, J. 1. This is a second appeal by the plaintiff Champalal against the judgment and decree of the District Judge, Bikaner, dated 21-1-1967, affirming the decree of the Civil Judge, Ratangarh, dismissing the suit.2. The dispute relates to the recovery of a jeep car bearing registration No. RJK 1120 or its price amounting to Rs. 5,000. The defendant-respondent No. 2 Jiwanram is the uncle of the defendant-respondent No. 1 Ramchander. The plaintiff-appellant is a resident of Bhinasar, district Bikaner, whereas the defendant-respondents are the residents of Hanumangarh, district Ganganagar. Both the towns Bhinasar and Hanumangarh, were formerly the parts of the erstwhile State of Bikaner which subsequently merged into the State of Rajasthan. The plaintiff and the defendant Ramchander knew each other very well from the times of the erstwhile State oi Bikaner.3. The plaintiff came with the case that the defendant Ramchander was in need of a jeep car and since he knew that the plaintif...
Pritam Lal Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Aug-19-1975
Reported in: 1975WLN(UC)342
D.P. Gupta, J.1. The petitioner was appointed as a Booking Clerk in the year 1953 in the Northern Railway after selection by the Railway Service Com-mission. In the year 1959 he was promoted as a Senior Booking Clerk and was confirmed in that cadre in the year 1960. A memorandum accompanied by a statement of allegations dated April 30, 1962 was served upon the petitioner for alleged misconduct and after an enquiry, the Assistant Traffic Superintendent (E), Jodhpur by his order dated October 12, 1965 imposed a penalty upon him of temporarily withholding increment for one year. Against the aforesaid order, the petitioner preferred an appeal to the Divisional Commercial Superintendent which was dismissed on April 15, 1966. No appeal or revision was preferred by the petitioner thereafter. However, on August 18, 1966 the Divisional Superintendent, Northern Railway, Jodhpur issued a notice (Ex. 3) to the petitioner calling upon him to Show cause why the enhanced penalty of removal from servi...
Kamal Kant Paliwal Vs. Smt. Prakash Devi Paliwal and ors.
Court: Rajasthan
Decided on: Aug-18-1975
Reported in: AIR1976Raj79; 1975()WLN429
J.P. Jain, J.1. This is a plainliff's first appeal whose suit for concellation of trust deed has been dismissed by the District Judge Jaipur City. 2. This suit is by Kamal Kant Paliwal against his own mother Prakash Devi Paliwal, his maternal uncle Jaidev Sharma and his two minor children Kumari Nidhi and Anurag his son. It has been alleged in the plaint that a plot of land situate at Moti Doongri Road Jaipur measuring 4085.5 sq. Yds. was purchased by Smt. Prakash Devi from Urban Improvement Board, Jaipur under a sale deed dated 14-4-1952 in the name of Shri Jaidev Sharma, defendant No. 2, for and on behalf of the plaintiff. It was stated that the purchase of the plot was Benami and the consideration of the plot was paid by Prakash Devi out of the funds received by the plaintiff from his grand-parents, uncles and other relations from time to time. According to the plaintiff his mother suggested to him sometime in the month of January, 72 that he should execute general power of attorney...
Gurucharan Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-18-1975
Reported in: 1975WLN(UC)299
D.P. Gupta, J.1. The petitioner was serving as the Station House Officer at the Police Station, Kotgate, Bikaner in the year 1961. One Mst. Tulchhi died on March 19, 1961 and a dispute arose in respect of her properly between her daughter Smt. Meena and Radhey Shyam, who claimed to be the adopted son of the deceased. In order to avoid a conflict, some respectable members of the community to which the aforesaid parties belonged stored the entire property belonging to Smt. Tulchhi in a room in the house of the deceased and locked the same, so that the same may be handed over to the rightful owner as and when a decision was arrived at between the rival claimants in respect of the legal heirship. Smt, Meena submitted a complaint before the Sub-Divisional Magistrate, Bikaner City, on March 29, 1961, who directed Mansingh, Deputy Superintendent of Police, City, Bikaner to visit the spot personally & prepare an inventory of all the articles of the deceased & produce the same in his Court. Man...
Dalichand Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-14-1975
Reported in: AIR1976Raj112; 1975()WLN454
S.N. Modi, J. 1. This is a plaintiff's appeal against the judgment and decree of the District Judge, Partapganh, dated 30-3-67 whereby he reversed the decree passed by the Civil Judge, Banswara, in civil suit No. 4 of 1963.2. The relevants facts giving rise to this appeal are these:In pursuance of an advertisement dated 1-3-52 (Ex. 1/A) issued by the Excise and Customs Department. Rajasthan, licence for the sale of the liquor shop at village Bajar, tehsil Bagidiora, district Banswara for the year 1952-53 was auctioned on 17-3-52 in the office of the Deputy Commissioner, Excise and Customs, Udaipur Division, Udaipur. Raghavji son of Chokhaji and Bhimji son of Kacharu jointly gave the highest bid of Rs. 20,000 for the said liquor shop which was accepted. The bidders deposited one-sixth amount of the bid, namely, Rs. 3,330 according to the term No. 8 of the advertisement (Ex. 1/A) and obtained a receipt thereof on 25-3-52. The licence Ex. Z was issued in favour of the bidders, namely, Rag...
Ram Singh Vs. State
Court: Rajasthan
Decided on: Aug-14-1975
Reported in: 1976CriLJ667
ORDERP.D. Kudal, J.1. The accused-appellant Ram Singh has filed this appeal against the judgment of the learned Additional Sessions Judge, Dholpur dated 6th July, 1971, whereby Ram Singh has been convicted under Section 302, read with Section 34, I. P. C, and sentenced to undergo imprisonment for life.2. The prosecution story, in brief, is that on 22nd September, 1970, Sumera had gone to his field known as Pokharwala Khet to fetch grass for his cattle. He was returning from the field with a load of grass at about 12 noon. He was accompanied by his son Raj Bahadur, aged 7 years, and his elder brother Laxman P.W. 1 was following him. When Sumera reached near the well, known as Pokharwala Khet, Nathi, Ram Singh, Chhitaria and Phaguni rounded him. Ram Singh was armed with spear (sel), and the other accused were armed with lathis. These four persons assaulted Sumera saying that today is a good occasion for finishing Sumera. Sumera having received a lathi-blow on his right leg by Nathi ran i...
State of Rajasthan Vs. Gaj Raj Mehta
Court: Rajasthan
Decided on: Aug-14-1975
Reported in: 1975WLN(UC)307
Kan Singh, J.1. This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 before us, is brought against the judgment of a learned Single Judge dated March 27, 1973 in a writ petition relating to the fixation of the respondent Gajraj Mehta in the higher grade as Male Nurse-cum-Componder.2. The facts lie in a narrow compass and have been set out with clarity in the judgment of the learned Single Judge. We may briefly recapitulate such of them as are necessary for the disposal of the appeal.3. Gajraj Mehta entered the service of the former Jodhpur State on 3rd November 1944 as a Male Nurse. After the merger of the former Jodhpur State with the new State of Rajasthan a cadre of Male Nurse cum-Compo-under Grade I was created in 1951. The entry into that cadre was, however, allowed only to those Male Nurses cum-Compounder who passed the matriculation examination and the B.P.N.A. or its equivalent examination and further who were employed in a class I hospital. We will ...
Banshi Dhar Bohra and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-14-1975
Reported in: 1975WLN(UC)345
D.P. Gupta, J.1. These three petitions arise in similar circumstances and raise identical question and, therefore, they are disposed of by a common, order.2. The petitioner in writ petitions No. 358 of 1971 and No. 1526 of 1971 is the same person, Banshidhar Bona, while writ petition No. 362 of 1971 has been filed by Bhawani Singh Chauhan. Both these petitioners were appointed as Assistant Mining Engineers (Survey) in temporary capacity and the period of their temporary employment was extended from time to time, subject to the condition that the same was liable to be terminated earlier in case persons duly selected by the Rajasthan Public Service Commission (hereinafter referred to as the Commission) were appointed on the aforesaid posts. The Commission advertised the posts of Assistant Maning Engineers & respondents Nos. 3 to 8, in writ petitions Nos. 353 and 1526 of 1971 (sic) selected for such posts by the Commission in the month of December, 1970. A (sic) result of the aforesaid se...
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