Rajasthan Court October 1977 Judgments
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Haru Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-17-1977
Reported in: 1977WLN(UC)381
M.L. Jain, J.1. The petitioner obtained a licence for retail vend of country liquior on a basis of minimum guarantee of sale of Rs. 25,370/- for the year 1965-66. He deposited a security amount of Rs. 2540/-. His licence was however cancelled on, 13-1-66, and the State raised, a demand of Rs. 13,300.82 Paise on account of short fall in the minimum amount guaranteed After adjusting the amount of security the State proceeded to realise the amount of Rs. 10,760 82. It appears that the District Excise Officer, Nagaur issued a notice to the petitioner to deposit the said amount within 15 days of the receipt of the notice The notice is undated However, the petitioner then received a notice dated 18-1-69 issued by the Sub-Divisional Officer, Didwana under he Rajasthan Public Demands Recovery Act, 1952, asking the petitioner to deposit the aforesaid amount by 4-2-1969, on failure of which the amount was directed to be realised by means of attachment. The Tehsildar, Didwana appears to have then...
Ram Chandra Vs. Ramesh Chandra
Court: Rajasthan
Decided on: Oct-14-1977
Reported in: 1977WLN(UC)431
S.N. Modi, J.1. This is a second appeal arising out of a suit for: eviction and arrears of rent.2. It is common ground between the parties that the plaintiff had filed suit No. 99/70 against the tenant appellant and sought his eviction on the ground of default in payment of tent under Section 13(1)(a), of the Rajasthan Premises (Control of Rent & Eviction) Act, ,1954, (hereinafter referred to as the Act). That suit was dismissed because the tenant, took advantage of Section 13(4) of the Act by depositing all arrears of rent, and interest thereon on the first date of heating. In respect of the same premises the plaintiff respondent has filed the present suit for eviction and, arrears of rent on 9-11-1973 and again sought eviction of the defendant on the ground inter alia that the defendant had committed default in payment of rent for a period more than 6 months. The plaintiff claimed arrears of rent from 26-1-1973 to 25-9-1973 at the agreed rate of 25.75 per month. He further claimed me...
Gram Panchayat Bhavi Vs. the State of Raj. and ors.
Court: Rajasthan
Decided on: Oct-14-1977
Reported in: 1977WLN(UC)527
M.L. Jain, J.1. The brief facts are that when the Jaswant Sagar Dam known as Pachiyak Bundh was constructed in the district of Jodhpur in the Samvat year 1948 the cultivators of the village Bhavi were assured that they shall have the first preference over the use of water to irrigate their lands from the said Dam and other villages would be supplied water if any was available thereafter. This is also recorded in a note in the 'Dastur Ganwai' of the Samvat year 1980. The settlement entered into between the villagers and the Hawala Superintendent in 1919 A.D shows that the irrigated area of village Bhavi in that year was 14, 881 bighas In the year 1952, the Executive Engineer prepared a hydrograph showing the area of villages irrigated from 1931 to 1952 AD It indicates that when the water level fell to 11 ft. only the villagers of Bhavi were allowed water in preference to other villages After integration of the State of Mar war, the controversy between the various villages with regard to...
Shankerlal and ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-14-1977
Reported in: 1977WLN534
K.D. Sharma, J.1. Mr. Shanker Lal and Sadasukh petitioners, have invoked inherent powers this Court by way of an application under Section 482 Cr. P.C. for quashing the orders of the Sub-Divisional Magistrate, Karanpur & the Additional Sessions Judge, Shri Ganganagar dated 4-10-76 and 9-11-76 respectively. It will not be out of place to mention that the Sub-Divisional Magistrate, Karanpur vide its order dated 4-10-76 attached the land under controversy on the ground that there was inminent danger of breach of peace necessitating immediate action for its prevention. The petitioners fell aggrieved filled an revision petition in the court or Sessions Judge, Shri Ganganagar. The revision petition was transferred to the Court of Addl. Sessions judge, Shri Ganganagar for disposal according to law. The Addl. Sessions Judge heard the parties and upheld the order of the attachment passed by the Sub-Divisional Magistrate, Karanpur in proceedings under Section 145 Cr. P.C. As against these two or...
Jugraj, Mandwala Gram Sewa Sahakari Samiti Vs. the Regustrar, Co-opera ...
Court: Rajasthan
Decided on: Oct-13-1977
Reported in: 1977WLN(UC)354
M.L. Jain, J.1. The petitioner was the Secretary of the Mandwala Gram Sewa Sahakari Samiti in the year 1961-62. In that year, a certain quantity of seed was received by the Samiti for distribution to its members. But the petitioner distributed the seed to non-members without the permission of the Panchayat Samiti The amount from those persons could not be recovered. The Assistant Registrar, Co-operative Societies Jalore, started proceedings on 21-5-70 under Section 74 of the Rajasthan Co-operative Societies Act, 1965, and gave a notice on 18-6-70 to the petitioner that by his unauthorised action he has caused a loss of Rs. 4933 22 Paise to the said Samiti and may state his case against the proposed inquiry. The petitioner rep]if d that he was not responsible for any loss which was alleged to have been found in audit made after a lapse of 8 years. On 4 8.70, he was charged with the loss of Rs. 5975 55 paise. Ultimately, by his order on 15-12-70, the Assistant Registrar passed an order u...
Dr. P.S. Gehlot Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-13-1977
Reported in: 1977WLN(UC)384
M.L. Jain, J.1. The petitioner was a lecturer in Psychiatry in the RNT Medical College, Udaipur, while one Dr. D.D. Bhattacharya was also a lecturer in the same discipline. According to the Rajasthan Medical Services (Collegiate Branch) Rules, 1962, two posts of Reader in the same faculty were required to be filled in 1970 one by promotion and one by direct recruitment. The petitioner contends that the Departmental Promotional Committee which met sometime in the year 1970 for selection of a promotee, put Dr. Bhattacharya at No. 1 and the petitioner at No. 2. Meanwhile, the other post had also been advertised by the Public Service Commission. Dr. Bhattacharya was selected also by the Public Service Commission and was appointed a Reader on 15-12-70 against the direct vacancy retrospectively w.e.f. 8-12-70. The Dy. Secretary to the Government of Rajasthan in the Medical Department thereafter wrote a letter on 23-12-70 to the Public Service Commission that both Dr. Bhattacharya and the pet...
Surja Ram Vs. State of Rajasthan
Court: Rajasthan
Decided on: Oct-12-1977
Reported in: 1977WLN597
M.L. Shrimal, J.1. Heard learned Counsel for the parties. Surja Ram son of Shri Kishnaram were the members of the Co operative Society named as Gram Sewa Sahkari Samiti Dhani Chopdaran. It is alleged that they used to obtain sugar for being distributed amongst the villagers. Some of the ration card holders have stated that though entries against their names have been made in the record but they were not given sugar. On these allegations a case under Section 3/7 of the Essential Commodities Act has been registered against Surja Ram petitioner and four others namely, Jhuntharam, Nagarmal, Surjaram and Ganpatram. The grievance of the leaned counsel for the petitioner is that though Birdhi Chand was incharge of the entire affair, yet no case has been registered against him and the petitioner is being harassed by the police for political reasons and two of the co-accused namely, Jhuntha Ram and Nagarmal have been admitted to bail and as such there was no reason for the lower Court to reject...
Poonam Chand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Oct-12-1977
Reported in: 1977WLN615
M.L. Joshi, J.1. The petitioner was born on 1. 11. 1922. He was appointed as Sub-Inspector of police in the Police Department of erstwhile princely State of Bikaner, on 1.8.1947. The petitioner was confirmed as Sub-Inspector on 6. 9. 1952 with effect from 1. 8. 1952. He was thereafter promoted as Inspector of Police by the Inspector General of Police vide his order dated 27.7.1957. He was compulsorily retired under a notice dated 25.11.1972 issued by the Inspector General of Police Rajasthan under Rule 244(2) of the Rajasthan Service Rules, hereinafter called the Rules' requiring the petitioner to retire with effect from the date of expiry of three calendar months from the service of the aforesaid notice on the petitioner. This notice was received by the petitioner on 29.11. 1972 and as such the services of the petitioner vere to come to end on 1. 3. 1973 under the aforesaid notice.2. Another order No. 734 dated 4.12.1972 was issued by the District Superintendent of Police, Sikar, vide...
Smt. Suraj Bai Widow of Brij Ratanji Vs. Radha Kishan S/O Jagan Nath
Court: Rajasthan
Decided on: Oct-11-1977
Reported in: 1977WLN681
1. The short question involved in the appeal is whether when the court passes an order under Order XX Rule 18 the Code of civil Procedure for the drawing up of a final decree in a suit for partition the final decree so drawn for purposes of appeal must be engrossed of non-judicial stamp in as much as it amounts to an 'instrument of partition within the meaning of Section 2(15) of the Rajasthan Stamp Act 1952, within the Rajasthan Act. No. XVI of 1966. Section 2(15) of the aforesaid Act, as amended, reads as follows:(15) 'instrument of partition' means any instrument where coowners of any property divide or agree to divide such property in severability, and includes:(i) A final order for effecting a partition passed by any revenue authority or any Civil Court:(ii) An award by an arbitrator directing a partition; &(iii) When any partition is effected without executing any such instrument, any instrument or instruments signed by the co-owners and recording, whether by way of declaration o...
Dharam NaraIn Vs. Jagdish Chandra and anr.
Court: Rajasthan
Decided on: Oct-10-1977
Reported in: 1977WLN(UC)525
V.P. Tyagi, C.J.1. This revision application has been filed by the plaintiff petitioner for the refund of the court fees on the plaint which was returned to him under the following circumstances.2. A suit for partition was filed by the plaintiff. But during the pendency of the suit his father made a will of his share in his favour and his father died after executing the saide will The share that was to come to the plaintiff on account of the demise of his father was swelled and, therefore, the court of Additional Civil Judge, Udaipur had no jurisdiction to entertain that suit. The plaintiff was, therefore, compelled to bring out a fresh suit in the court of the District Judge. But at the time of the filing of the second suit court fee stamps filed in the first suit could not be returned to the plaintiff because of the stay order that was passed by this Court in a revision petition filed by the opposite party. After the revision of the opposite party was dismissed, the plaint was return...
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