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Rajasthan Court January 1976 Judgments

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Jan 08 1976

Nisar Mohammed Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Jan-08-1976

Reported in: 1976WLN(UC)1

M.L. Jain, J.1. This appeal arises out of the judgment of the learned Additional Sessions judge, Banswara, dated 3 7.1971. I have heard argument and seen the record.2. The accused appellant Nisar Mohammed Patwari was alleged to have commuted rape upon the complainant Mst. Lakho on 20-2-70 in the evening ac about 6 p.m. when she was grinding maize in her house in village Kotda of police station Khusalgath husband was away, She raised a cry which attracted witnesses Teeta PW 2 and Rangji PW 3, who caught the accused red handed. Husband of Mst. Lakho returned to his house village Kotda two days after the occurrence. They both started for the pr lice station in order to lodge a report but the people of the village persuaded them not to make haste and promised to settle the matter in the village itself However, a complaint was afterwards lodged by Mst. Lakho on 7-3-1970 in the court of Munsif- Magistrate, Kushalgarh. Tae Magistrate asked the police to conduct an inquiry and the Deputy Super...


Jan 07 1976

Kushalchand and ors. Vs. Motilal

Court: Rajasthan

Decided on: Jan-07-1976

Reported in: 1976WLN(UC)23

M.L. Shrimal, J.1. This is a plaintiff-landlords, second appeal arising out of a But for ejectment based on personal necessity.2. The respondent has filed an application on October 8, 1975 praying that the decree passed by the lower courts may be Bet aside in view of the recent amendment of Section 14(2) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950. The relevant amendment relied upon by the learned Counsel for the parties is as under:14(2) No decree for eviction on the ground set forth in Clause (h) of Sub-section (1) of Section 13 shall be passed if the court is satisfied that, having regard to all the circumstances of the case including the question whether other reasonable accommodation is available to the landlord or the tenant, greater hardship would be caused by passing the decree than by refusing to pass it. Where the court is satisfied that no hardship would be caused either to the tenant or the landlord by passing the decree in respect of a part of the prem...


Jan 07 1976

Dr. C.L. Pathak Vs. the State of Rajasthan

Court: Rajasthan

Decided on: Jan-07-1976

Reported in: 1976WLN1

C.M. Lodha, J.1. This writ application is directed against the order of the Government of the Rajasthan, Medical and Public Health Department No. F.1 (142) MPH/74/Gr II dated 17th October, 1975 marked Exibit 17 at page 92 of the Paper Book by which the petitioner, who was Professor of Physiology S.N. Medical College, Jodhpur, was compulsorily retired from service on the date of receipt of the order by him after completion of twenty years service by payment of three months pay and allowances in lieu of three months previous notice.2. The petitioner's case is that be was appointed by the Government of Rajasthan as Demonstrator in Physiology after passing MBBS on February 28, 1958 and by dint of his merit and high academic qualification's which he acquired later on he was promoted as Professor in Physiology on March 30, 1963 in RNT Medical College, Udaipur. He goes on to state that he was awarded merit pay by order dated April 30, 1966 marked Exibi1, under the Rajasthan Civil Services (Me...


Jan 06 1976

Nizru Vs. Rewar Mal

Court: Rajasthan

Decided on: Jan-06-1976

Reported in: 1976WLN(UC)33

M.L. Shrimal, J.1. This is the plaintiff-landlord's second appeal arising out of a suit for arrears of rent and ejectment in respect of the premises described in para No. 3 of the plaint.2. The property is situated in village Motuka. The case set out in the plaint was that the plaintiff-appellant was the owner of the property in dispute. Owing to communal disturbances he left the village for some other place in India. During his absence from the village the property was declared as evacuee property and was allotted to Rewarmal the respondent on payment of the monthly rent of annas tan. It is alleged that after the peace was restored in the area, he returned to the village and filed an application under Section 16 of the Administration of Evacuee Property Act. The property was ordered to be restored by the Central Government. In pursuance to she order of restoration a notice was issued to the respondent asking him to make payment of rent to the plaintiff appellant, a copy of which was a...


Jan 05 1976

The Rambagh Palace Hotel Vs. the Rajasthan Hotel Workers' Union

Court: Rajasthan

Decided on: Jan-05-1976

Reported in: 1976WLN680

V.R. Krishna Iyer, J.1. The appellant, the Management of the Rambagh Palace Hotel, Jaipur, has attacked the award made by the Industrial, Tribunal Raj. in favour of the workers of the hotel in the dispute raised on the score that the price index caving gone up the workers were entitled to adequate compensation by way of deafness allowance. Very fairly, Shri V.S. Desai appearing for the appellant has confined his ground of challenge to one point He states that the Industrial Tribunal while it has reduced the award of clearness allowance considerably vis-a-vis, the demand put forward, after taking into consideration various circumstances like free food and accommodation, the Tribunal has failed to bear in mind the circumstance that tips in the shape of half the salary are also being distributed by the Management to the workers, He has brought to our notice the decision of this Court in Management of Wenger & Co. v. Workmen 1962 Suppl. (2) SCR 862 where it has been pointed out that while ...


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