Rajasthan Court August 1976 Judgments
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Shivlal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-16-1976
Reported in: AIR1977Raj1; 1976(9)WLN533
ORDERRajinder Sachar, J.1. There is an existing water course from stone No. 92/228 to 90/228 from which the petitioners and respondents 5 to 11 were getting their water for a number of years. Apparently respondents 5 and 6 were not satisfied with this arrangement as according to them the water course was through a sandy field and they were not getting full use of water. They therefore applied to the Executive Engineer asking for the sanction of a water course from stone No. 92/224 to 90/224. The Executive Engineer examined this matter and noticed that respondent No. 5 Sahi Ram had stated that if Nakewar wara bandi was sanctioned on the already sanctioned stone 92/228 he may not ask for the proposed water course. The Executive Engineer on this by his order D/- 23/1/74 therefore proposed that Nakewar wara bandi may be tried for one crop and thereafter he filed the case by his order D/- 27-5-74.Apparently the respondents 5 and 6 did not find satisfaction from the Nakewar wara Bandi and fi...
State Bank of Bikaner and Jaipur Vs. Devaki NaraIn Bhatia
Court: Rajasthan
Decided on: Aug-11-1976
Reported in: AIR1977Raj76
Kudal, J.1. This is an appeal against the order of the learned Addl. District Judge No. 2, Jaipur City dated October 11, 1975.2. The facts of the case, relevant for the disposal of this appeal, are that the plaintiff Devaki Nandan Bhatia entered into an agreement with the appellant for construction of a building. An agreement was executed between the parties which also contained a clause, i.e. Clause 16, for referring all the disputes arising under the agreement to arbitration. The plaintiff has brought this suit for the recovery of Rs. 58,699/-against the defendant appellant Bank on March 1, 1973. The defendant-appellant, on receipt of the summons of the suit, filed an application under Section 34 of the Indian Arbitration Act, 1940 on April 27, 1973 for staying the proceedings.3. The learned lower Court after considering the contentions of the respective parties rejected the application on October 11, 1975 holding that it is not a fit case which could be stayed, under Section 34 of t...
Awami Kumar Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-11-1976
Reported in: AIR1977Raj80; 1976(9)WLN422
Sen, J.1. This writ petition filed by Awami Kumar Mukherjee, Ex-Jagirdar of Thikana Bagri, is directed against the order of the Board of Revenue, Rajas-than, dated 4th January, 1967 affirming that of the Jagir Commissioner dated 7th December. 1964 insofar as his claim for inclusion of Rs. 97,828.50 P. being the amount of compensation paid to him for compulsory acquisition of land belonging to him as income accrued from sale of such land, in computation of the gross income under Schedule II Clause (f) of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, was rejected.2. The facts of the case, in brief, are that the erstwhile Jaipur State byCouncil Resolution No. J dated 2-10-1941 acquired 19 bighas and 12 biswas of land admeasuring 59,343 sq. yds. belonging to the petitioner under the Jaipur Land Acquisition Act for Bani Park Extension Scheme of Jaipur City. Though under the Revenue Standing Order No. 12 the petitioner was not entitled to any compensation upon such acquisiti...
Data Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-11-1976
Reported in: 1977CriLJ1428
M.L. Jain, J.1. The facts of this appeal are that on 7-11-1961 at about 1.30 in the night 12-13 persons came to village Lakhan pur within police station, Nadbai to commit planned dacoity at the house of Poorna, Sobhararn, Motiram, and Girdhari. They found three persons sleeping in the verandah of the house of Moti Ram and therefore, three of the dacoits stayed in the verandah to prevent sleeping persons from possible intervention, One or two of the dacoits reached the roof of the house and opened the main door from inside. The remaining dacoits entered the house and looted silver and gold ornaments and clothes from the houses of the said persons. Sobhararn went to Subedar Charanjit Singh in village Daya-wali for help. Charanjit Singh and nine ten persons came to the scene of occurrence and fired their guns. The dacoits were scared and fled away with their booty.2. It was alleged that the dacoits had first assembled in Kiraoli and had from there started on bicycles. One Jhamman happened...
Kacharia Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-11-1976
Reported in: 1976WLN(UC)431
D.P. Gupta, J.1. This case was fixed today for arguments on the bail application, but on the request of the earned Counsel for the appellant Kacharia and with the consent of the learned Public Prosecutor the entire appeal was taken up for hearing.2. Learned Counsel for the appellant in this appeal confined his arguments to the submission that Kacharia appellant being blow 21 years of age, he should be given benefit of the provisions of Section 4 read with Section 6 of the Probation of Offenders Act and the earned Counsel did not advance any argument in respect of the conviction of the appellant Kacharia for committing an offence under Section 304 Part II I.P.C..3. It appears from the testimony of PW 3 Bhanwaria who is an eye witness of the occurrence, that the appellant wielded a lathi which struck en the head of Sent Garwari as a result of which she fell down and became unconscious and later on succumbed to her injuries. Kacharia appellant also made an extrajudicial confession. In thi...
Mansukh Ram Vs. the State and anr.
Court: Rajasthan
Decided on: Aug-06-1976
Reported in: 1977CriLJ563; 1976(9)WLN445
ORDERKalyan Dutta, J.1. This is an application-in-revision by Mansukh Ram against the judgment of the Session Judge, Jhunjhunu, dated 3rd September, 1975, whereby the order of the Sub-Divisional Magistrate, Jhunjhunu, dated 9th June, 1975, declaring that he had no jurisdiction to continue the proceedings under Section 145, Criminal P. C after passing an order of attachment under Section 146(1), Criminal P.C. on. the ground of emergency, was set aside and the case was sent back to him for inquiry into the actual possession over the land in dispute on the basis of documentary and other evidence that may be adduced by the parties.2. The relevant facts giving rise to this revision-petition may be briefly stated as under:3. On 20th July, 1974, Mansukh Ram son of Nopa Rain Jat resident of village Nanag lodged a written report with the Station House Officer, Jhunjhunu. It was stated in the report that Ganesha Ram wanted to dispossess Nopa Ram from agricultural land bearing Khasra Nos. 3 and 1...
Sheo Karan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-05-1976
Reported in: 1976WLN(UC)292
M.L. Jain, J.1. This appeal is directed against the judgment of the learned Additions Seasons Judge, Churu, dated 25-5-73 by which he convicted the appellant Sheo Karan under Section 376 IPC and sentenced him to rigorous imprisonment for seven years and to a fine of Rs. 200/- in default whereof to simple imprisonment for one month.2. I have heard arguments and perused the record. The facts of the prosecution case are that on 24-6-72 at about 10 a.m. in the Rohit of village 'Kandran' within police station, Churu Neemli PW 1 daughter of Raju Ram aged 8 years had pone to the pasture area as usual to graze her goat She was accompanied by other two children, namely, Khyali PW 2 and Kamli PW. The accused shoe Karan came and threatened the children. He carried away Neemli and ravished her. Her brothers Ram Kumar and Ram Karan went in search of the children and found that Neemli was lying unconscious in the Rohit . Sheo Karan magaged to escape. A group of villagers went in chese. He was appreh...
Ramnath Khanna Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-04-1976
Reported in: 1976WLN386
Rajindar Sachar, J.1. The petitioner started his career as X Ray Technician in the year 1960. A post of Electro Medical Technician in the pay scale of 250 500 was created in the Medical and Public Health Department by the Government of Rajasthan and the petitioner was appointed to the said post on 6-6-59. This grade was revised to Rs. 250-540 in the year 1961. The said post was later on advertised and the petitioner was selected by the Rajasthan Public Service Commission (hereinafter to be called 'the Commission') for the said post and be was appointed on probation with effect from 10-7-59. The petitioner was duly confirmed on 18-11-61. The petitioner remained on deputation between the period 1662 63 when be came back to his parent department and be was posted on his original post of Electro Medical Technician. According to the petitioner he held the charge of the post of State Health Transport Officer (hereinafter to be called S.H.T.O.) for the period from 16-11-66 to 2-8-67. A new pe...
Jaswant Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-03-1976
Reported in: AIR1977Raj42; 1976(9)WLN410
ORDERRajinder Sachar, J. 1. This is a petition under Article 226 of the Constitution challenging the imposition of a ban issued under Rule 230 of the Rajasthan Motor Vehicles Rules, 1951 (to be called the rules) on plying the tempos between Sanganeri Gate to Khasa Kothi, via Mirza Ismail Road. Jaipur City, by the Regional Transport Authority respondent No. 3. The same has to be effective from 1-7-1976.2. The petitioner holds a contract carriage permit issued by the Regional Transport Authority, Jaipur Region which is valid upto 31-3-1979. In this permit the route area mentioned is the Municipal limits of Jaipur City. It may be noted that the banned portion viz., Sanganeri Gate to Khasa Kothi falls within the municipal limits of Jaipur. As the petitioner is aggrieved against the said decision by the Regional Transport Authority he has moved this court in the present writ petition.3. Section 74 of the Act empowers the State Government or any authority authorised in this behalf by the Sta...
Rajasthan State Road Transport Corporation, Jaipur Vs. the Regional Tr ...
Court: Rajasthan
Decided on: Aug-03-1976
Reported in: AIR1977Raj136; 1976(9)WLN352
ORDERRajinder Sachar, J.1. This is a petition under Article 226 of the Constitution challenging the impugned order dated 27th of April, 1976, by the respondent, Regional Transport Authority which has permitted respondent No. 2 to ply its buses on Deeg-Kama portion of the Mathura-Kosi route along with the buses of the petitioner.2. There is an inter-State route called the Mathura-Deeg-Kama-Kosi (hereinafter referred to as 'the Mathura route') under a permit issued by R.T.A., Agra (U. P.) respondent No. 2, was plying its buses on this route.3. A scheme to nationalise Mathura route was approved and notified by State of U. P. on 23-3-63, and it became a notified route under Section 68-D (3) of Motor Vehicles Act (to be called 'the Act').4. Some of the operators who were plying on this route challenged the same before the U. P. High Court and the objection was allowed by the learned single Judge. His judgment was however reversed by the Division Bench and ultimately the Supreme Court upheld...
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