Rajasthan Court April 1976 Judgments
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Suresh Kumar and ors. Vs. Ramchandra and ors.
Court: Rajasthan
Decided on: Apr-13-1976
Reported in: 1976WLN123
C.M. Lodha, J.1. The only point urged in support of this revision application is that the Magistrate had no jurisdiction to permit the non-petitioners to cross-examine the dipnoans of the affidavits produced by the petitioners in the proceedings under Section 145 Cr.P.C. before the Magistrate. The only ruling relied upon by the learned Counsel in support of this contention is Janga Rdddy v. Hafezunnisa : AIR1965AP17 wherein the learned Single Judge observed that since a reference under Section 141 Cr.P.C. the provisions of that section are not attracted to such reference. He further held that in this view of the matter, an application under Order 19 Rule 2 for cross-emamination of the deponents Agarwal v. The State of U.P. and Anr. : 1966CriLJ1514 their Lordships of the Supreme Court were pleased to hold that the provisions of the Civil Procedure Code would apply generally to a proceeding before a Civil Procedure Code would apply generally to a proceeding before a Civil Procedure Code ...
indar Mal Vs. Babu Lal
Court: Rajasthan
Decided on: Apr-06-1976
Reported in: AIR1977Raj160
ORDERP.D. Kudal, J.1. This is a revision petition under Section 115, C. P. C. against the order of the learned Munsiff, Jalore dated June 1, 1974.2. The facts, which are relevant for the disposal of this revision petition, are that on December 11, 1973 the plaintiff Babu Lal minor filed a suit through his next friend and guardian Paras Mal against his adoptive father Indar Mal for grant of maintenance allowance. Defendant Indar Mal filed his written statement on February 6, 1974 alleging therein that the plaintiff was never adopted by him. On February 28, 1974 the plaintiff filed a rejoinder to the written statement. The learned Munsiff struck the issues on March 5, 1974. The plaintiff moved an application on February 28, 1974 for grant of interim maintenance. This application was resisted by the defendant. The learned trial Court on June 1, 1974 while deciding the aforesaid application held that the plaintiff is entitled to an interim maintenance of Rs. 100/- p. m. from the date of th...
The United India Fire and General Insurance Co. Ltd. and anr. Vs. Mst. ...
Court: Rajasthan
Decided on: Apr-06-1976
Reported in: AIR1976Raj178
Jain, J.1. We will dispose of these six appeals and two revisions by this single judgment 2. An Accident involving two motor vehicles took place on 14-5-1967 at 7.00 p. m. near village Kamalpura on the Bhilwara-Shahpura Road. Passenger bus No. RJE 6-53 was coming from Kota Side, while Jeep No-RJE 723 was going from Bhilwara in the opposite direction. Both the vehicles collided giving rise to 4 claim petitions Nos. 26/67, 27/67, 28/67 and 29/67, which were filed before the Motor Accidents Claims Tribunal, Bhilwara.3. The bus was owned by Aaya Singh and was insured with New Great Insurance Company of India Ltd. It was being driven by Panna Lal. The bus had no permit, yet it was carrying a marriage party from Kota to Bhilwara. The marriage party was of Sub-Inspector Bahadur Singh of Bhilwara. The jeep was owned by Bhagwan Swaroop and insured with the Vulcan Insurance Co., Ltd. It was being driven by Shakoor Pinara. The Jeep was carrying Chandan Singh, Bagh Singh, Raj Kanwar, Anand Kanwar ...
indar Mal Vs. Babulal
Court: Rajasthan
Decided on: Apr-06-1976
Reported in: 1976WLN104
P.D. Kudal, J.1. This is a revision petition under Section 115, CPC against the order of the learned Munsiff, Jalore dated June 1, 1074.2. The facts, which are relevant for the disposal of this revision petition, are that on December 11, 1973 the plaintiff Babu Lal minor filed a suit through his next friend and guardian Paras Mal against his adoptive father Indar Mal for grant of maintenance allowance Defendant, Indar Mal filed his written statement on February 6, 1974 alleging therein that the plaintiff was never adopted by him. On February 28, 1974 the plaintiff filed a rejoinder to the written statement. The learned Munsiff struck the issues on March 8, 1974. The plaintiff moved an application on February 28, 1974 for grant of interim maintenance. The learned trial Court on June 1, 1974 while deciding the aforesaid application held that the plaintiff is entitled to an interim maintenance of Rs. 100/- p.m. from the date of the institution of the suit, i.e. December 11, 1973 to July 1...
Nathulal and anr. Vs. Mangoo and anr.
Court: Rajasthan
Decided on: Apr-05-1976
Reported in: AIR1976Raj208; 1976(9)WLN245
S.N. Modi, J. 1. This is a second appeal by the plaintiffs against the appellate judgment of the Senior Civil Judge No. 2, Gangapur City, dated April 28, 1967, affirming the decree passed by the Munsiff, Karauli, dismissing the suit as time-barred. 2. The relevant facts giving rise to this appeal are that the plaintiff-appellants brought the suit for the recovery of Rs. 1,100/- as principal, and Rs. 484/-by way of interest, totalling to Rs. 1,584/- on March 28, 1962 on the basis of a 'khata' dated Asoj sud 6, Samwat year 2015, corresponding to October 18, 1958, which is marked as Ex. 1. It was averred in the plaint that the defendants borrowed Rs. 3,000,/- from the plaintiffs on October 18, 1958 with stipulation to repay the amount in 30 monthly instalments of Rs. 100/- each, and in default, it was agreed, that the amount shall be payable with interest at the rate of 24 per cent per annum in one lump sum. It was further averred by the plaintiffs that the defendants repaid on different ...
Bhure Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Apr-01-1976
Reported in: AIR1976Raj184
V.P. Tyagi, Actg. C.J. 1. This appeal of Bhure Khan is directed against the Judgment of the learned Single Judge dated October 9, 1975 dismissing the writ petition of Bhure Khan against whom vote of no-confidence was passed in a meeting presided over by the acting Tehsildar. 2. Bhure Khan was elected Sarpanch of Gram Panchayat Kayamser Dhandhoori having a total strength of 12 members only. A requisition was presented by the members of the Panchayat expressing their desire to pass a vote of no-confidence against the petitioner. The Additional District Development Officer by his order dated 7th April, 1975 appointed Tehsildar Jhunjhunu to preside over the meeting. It so appears that the Tehsildar on the day of meeting was on leave and, therefore, Naib Tehsildar Jhunjhunu who was acting as Tehsildar presided over that meeting. The meeting was attended by the appellant Bhure Khan also. Out of 10 members of the Panchayat who attended the meeting 9 voted against Bhure Khan with a result that...
Durgalal Vs. Hari Ram and ors.
Court: Rajasthan
Decided on: Apr-01-1976
Reported in: AIR1976Raj185; 1976(9)WLN35
Shrimal, J. 1. This is the defendant-mortgagee's appeal under Section 18 of the Rajasthan High Court Ordinance No. 15 of 1949 directed against the judgment of the learned Single Judge of this Court, dismissing the S. B. Civil Misc. Appeal No. 46 of 1970.2. As the controversy between the parties has been reduced to a narrow compass, only the material facts necessary for the decision of this appeal need to be recorded.3. Asharafi Lal (deceased) and Narainlal filed a suit in the Court of Civil Judge, Bundi against Durgalal petitioner and his sons as well as against Gopal Lal for redemption of certain properties. The learned Civil Judge by his judgment dated May 16, 1962 passed a preliminary decree for redemption of mortgage in favour of the plaintiffs.4. Aggrieved with the aforesaid judgment and decree the defendant Durgalal and his sons preferred an appeal in the Court of District Judge, Kota. During the pendency of the appeal the plaintiff Asharafi Lal (respondent in that appeal) died o...
Bhurekhan Vs. State of Rajasthan and 14 ors.
Court: Rajasthan
Decided on: Apr-01-1976
Reported in: 1976WLN73
V.P. Tyagi, Ag. C.J.1. This appeal of Bhure Khan is directed against the judgment of the learned Single Judge dated October 9, 1975 dismissing the writ petition of Bhure Khan against whom vote of no confidence was passed in a meeting presided over by the acting Tehsildar.2. Bhure Khan was elected Sarpanch of Gram Panchayat Kayamser Dhandhoori having a total strength of 12 members only. A requisition was presented by the members of the Panchayat expressing their desire to pass a vote of no-confidence against the petitioner The Additional District Development Officer by his order dated April 7, 1975 appointed Tehsildar Jhunjhunu to preside over the meeting. It so appears that the Tehsildar on the day of meeting was on leave and, therefore, Naib Tehsildar Jhunjhunu who was acting as Tehsildar presided over the meeting. The meeting was attended by the appellant Bhure Khan also. Out of 10 members of the Panchayat who attended the meeting 9 voted against Bhure Khan with a result that the act...
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