Rajasthan Court August 1975 Judgments
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Umrao Vs. SheonaraIn and ors.
Court: Rajasthan
Decided on: Aug-12-1975
Reported in: 1975(8)WLN487
K.D. Sharma, J.1. This is an application in revision filed by Umrao, herein after referred to as party No. 1, along with his real brothers, Kanhi Ram, Mohar Singh, and Sube Singh, against an order of the Sub-Divisional Magistrate, Khetri, dated 12-7-1974, in a proceeding under Section 145, CrPC whereby the disputed land coverred by Khasra Nos. 2 measuring 9 Bighas 15 Biswas, 8 Measuring 3 Bighas 4 Biswas, 19 Measuring 4 Bighas 10 Biswas and 21 measuring 4 Bighas 5 Biswas and situated in Dhani Khatoti village Sator was attached under S 146, Criminal Procedure Code. 1973, after drawing preliminary order containing the grounds on which the Sub Divisional Magistrate was satisfied that a dispute likely to cause breach of peace exists between the party No. 1 and party No. 2 concerning the land in dispute.2. The relevant facts giving rise to this revision-petition may be briefly stated as follows : The disputed land consists of four Khasra numbers measuring 21 Bighas and 14 Biswas in toto. Th...
Laxmandas and Jagdish Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-12-1975
Reported in: 1975(8)WLN601
C.M. Kudal, J.1. These are two connected appeals arising out of the judgment dated 3.11.1970 by the Sessions Judge, Merta who sentenced the appellants as follows:------------------------------------------------------------------------------Name of accused Convicted under Sentenced to------------------------------------------------------------------------------1. Laxmandas Under Section 302 read with Rigorous imprisonment for lifeSection 34 I.P.C. and a fine of Rs. 100/- in defa-ult of payment of fine to undergo further six months' rigorousimprisonment.2. Smt. Bhanwari under Section 302 read sentenced to life imprisonmentwith Section 34 and a fine of Rs. 100/-, in default of payment of fine to un-dergo further six months'rigorous imprisonment.3. Jagdish under Section 302 IPC sentenced to life imprisonmentand a fine of Rs. 100/- ; in de-fault of payment of fine to fur-ther undergo six months' rigo-rous imprisonment.2. Laxmandas and Jagdish have filed a joint appeal through Jail and their...
Balkari and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-11-1975
Reported in: 1976CriLJ828; 1975()WLN812
M.L. Shrimal, J.1. This appeal has been preferred by the convicts Balkan and Multan against the judgment of the Sessions Judge, Ganganagar dated May 24, 1971 whereby Balkan was convicted under Section 302 I. P. C for causing the murder of Gopal and sentenced to rigorous imprisonment for life, whereas Multan was convicted under Section 307 I. P.C. for attempting to commit the murder of Gopal, and sentenced to rigorous imprisonment for five years. Both the appellants were further convicted under Section 25(1) of the Indian Arms Act and each of them was sentenced to undergo rigorous imprisonment for two years. Both the sentences have been ordered to run concurrently. Both Balkan and Multan were acquitted of all other charges.2. The facts of this case lie within a narrow compass- On August 21, 1970 at 12.0 O'clock in the noon Gopal (since deceased), Balwant Singh (P.W. 5) and Laxmi alias Gogi (P.W. 3), sister of the deceased, were sitting in a lane which is adjacent to the house of Padmara...
Dharma Vs. State
Court: Rajasthan
Decided on: Aug-11-1975
Reported in: 1975(8)WLN508
P.D. Kudal, J.1. Accused-appellant Dharma has filed this appeal from Tail against the judgment dated 31st July, 1971 by the learned Sessions Judge, Balotra. The accused-appellant has been convicted under Section 302, IPC, and sentenced to imprisonment for life, and a fine of Rs. 500/-, and in default of payment of fine to undergo further rigorous imprisonment, for six months. The accused-appellant was also convicted under Section 323, IPC, and sentenced to one year's rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.2. The prosecution story is that the accused-appellant Dharma married to Mst. Nenu daughter of Chaitan. Chaitan died and was survived by his widow Mst Sua. The marriage of Mst. Nenu with Dharma was performed on the 'Akha Teej' of Smt. 2023, Ganesh, the younger brother of Met. Nenu was married to the daughter of Boda, who is closely related to Dharma. After residing for some time, with Dharma Mst. Nenu came back to her mother, and later o...
Gajanand Phoolchand Haldryon Ka Rasta Vs. Income-tax Officer and anr.
Court: Rajasthan
Decided on: Aug-11-1975
Reported in: 1975(8)WLN965
P.N. Singhal, C.J.1. The petitioner claims to be a Hindu Undivided family represented by Gajanand Pasari as its 'Karta'. It is being asseeseed to income-tax in Rajasthan ever-since its introduction, from the assessment year 1950 51. as the Income-tax Act was made applicable to the State with effect from April 1, 1950. The validity of the retrospective levy was successfully challenged by a writ petition in this Court. The Court judgment is dated January 16, 1951 and is reported in Madangopal Kabra v. Union of India It was however set aside on December 10, 1953 by a judgment of their Lordships of the Supreme Court reported in Union of India v. Madal Gopal Kabra : [1954]25ITR58(SC) .2. The petitioner has stated that as there was 'no Income-tax or any other law' in the State of Raja upto 31.3.50' requiring it to maintain books of account', it 'did not murrain any books of account upto 31.3.50' It has been stated that the petitioner prepared an inventory of its assets and liabilities on Apr...
J.C. Mandoza Vs. J.L. Martin
Court: Rajasthan
Decided on: Aug-11-1975
Reported in: 1975WLN(UC)310
J.P. Jain, J.1. Mr. Mandoza's suit for eviction against Mr. J.L. Martin has been dismissed by both the courts below. He has, therefore, come in second appeal.2. The suit house is situate at Nasirabad Road, Ajmer, popularly known as Gulraj quarter No. 2. This has been on rent with Mr. J.L. Martin since 16th August. 1965 on a monthly rent of Rs. 75/-. Both the landlord & the tenant hail from Goa & were railway employees at Ajmer. Mr. Mandoza sued Mr. Martinon 28.2.70 for his eviction from the suit house & for the arrears of rent & mesne profits from 1.10.1969 to 28.2.1970. The eviction was sought on the ground of personal necessity as detailed by the plaintiff in para 6 of the plaint. The suit was resisted by the defendant. He admitted the tenancy and the rate of rent. He, however, alleged that he paid rent upto 14.10.1969 and after that rents were remitted by money order but the landlord did not accept the rent, Inter alia be denied the plaintiff's personal necessity. The learned trial ...
Ramsharan and anr. Vs. Ramavtar and ors.
Court: Rajasthan
Decided on: Aug-08-1975
Reported in: AIR1976Raj32; 1975()WLN491
S.N. Modi, J.1. The only point involved in this second appeal by the defendant-tenants is whether the legal representatives of the landlord (since deceased) have no right to continue the suit for eviction based on bona fide and reasonable requirement of the premises for the residence of the plaintiff himself and for the residence of the members of his family? 2. To appreciate the point involved, it is necessary to state the relevant facts. Munshiram (now deceased) filed a suit for eviction against the defendant-appellants on two-fold grounds. Firstly, that the plaintiff required the premises reasonably and bona fide for the use and occupation of himself and the members of his family and secondly, that the defendants had committed default in payment of rent. The appellants resisted the suit and denied that the plaintiff required the premises reasonably and bona fide for his own use or for the use of his family members. The defendants further pleaded that they had tendered the rent by mo...
Ram Chand Vs. Union of India (Uoi) Through the General Manager
Court: Rajasthan
Decided on: Aug-08-1975
Reported in: 1975WLN(UC)340
S.N. Modi, J.1. This is a second appeal by the plaintiff Ramchand against the judgment and decree of the District Judge, Bikaner, dated 31-3-67 where-by he revered the decree passed by she Munsif, Bikaner, in civil original suit No. 309 of 1963.2. The plaintiff appellant is an employee of the Northen Railway & was posted as Senior Trains Clerk at Lalgarh Railway Station in the year 1960. The Divisional Commercial Superintendent, Bikaner, hereinafter to be referred to as the DCS, charge sheeetd the plaintiff on 3-10-60 for deliberately detaining a goods wagon at the Churu Railway Station on 3-7-69. The DCS by his order dated 14-7-61 imposed penalty on the plaintiff by withholding one increment in the pay of the plaintiff.3. The plaintiff instituted the present suit on 19-9-63 for declaration that order of the DCS dated 14-7-61 is illegal and he may be allowed Rs. 5/- per month as annual increment. He sought these reliets mainly on two grounds. First, at he was not given any opportunity ...
Maganmal and anr. Vs. Ujjanmal and ors.
Court: Rajasthan
Decided on: Aug-07-1975
Reported in: 1975WLN(UC)486
S.N. Modi, J.1. This second appeal by the plaintiffs arises out of a suit for possesetion.2. The plaintiffs filed a suit alleging that a plot of land belonging to Veerchand Lakhaji, existed towards the south of their house situate at village Nadol. The plaintiffs obtained patta of their house on 15-2-50 from the erstwhile thikan Ganarao as village Nadol was one of the Jagir village of thikana Genarao in the Former State of Marwar. The plaintiffs further alleged that the defendants purchased the plot belonging to Veerchand Lakhiji and thereafter illegally encroached upon the land adjacent to the plaintiff's land measuring 6 1/2' x 12 1/4' marked EFGH in the site-plan Ex. P.2. The plaintiffs therefore prayed for decree for possession of the land marked EFGH in the site-plan Ex. P. 2 The defendants admitted having purchased the plot of land from the successor of Veerchand Likhaji, namely, Himmatmal on 31-1-50 for Rs. 651/-. They further pleaded that the land marked as EFGH in EX. P.2 was ...
Satya NaraIn Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-05-1975
Reported in: 1975WLN(UC)320
D.P. Gupta, J.1. The petitioner who was working as an Assistant Inspector of Co-operative Societies at Bikaner, was served with a memorandum, charge-cheet and statement of allegations by the Registrar, Co operative Societies, Rajasthan. After the petitioner submitted his written statement of defence in respect of the aforesaid charges' the Di0sciplinary Authority considered it necessary to make an enquiry and appointed the Deputy Registrar, Co-operative Societies, Bikaner, as the Enquiry Officer. The Deputy Registrar, Co operative Societies conducted an enquiry against the petitioner and submitted hit report by which he found the petitioner guilty of part of charge No. 1 part of charge No. 3 and of charges Nos. 4 and 5, while the petitioner was exonerated of the remaining charges. One of the charges of which the petitioner was found guilty by the Enquiry Officer was that he retained a sum of Rs. 300/- belonging to Jhunjhunu Multipurpose Co-operative Society for a long time & it was onl...