Rajasthan Court November 1977 Judgments
Guman Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-30-1977
Reported in: 1977WLN(UC)510
D.P. Gupta, J.1. The petitioner was initially appointed as a Havaldar in the Courts of Wards Department of the erstwhile State of Jodhpur w.e.f. September 15, 1945 & he continued as an employee of the Court of Wards Department even after the formation of the State of Rajasthan, until he came to be appointed as a Patwari by the order of the Collector, Jalore dated August 21, 1957 The absorption of the petitioner on the post of Patwari in the Revenue Department of the State was in the first instance a temporary one for a period of three months, but even thereafter he was allowed to continue to work against a permanent existing vacancy of Patwari. The petitioner continued to hold the said post of a Patwari until he was compulsorily retired under Rule 244(2) of the Rajasthan Service Rules (hereinafter referred to as 'the Rules') by the order of the Collector, (Land Records), Jalore dated October 18, 1972 The petitioner was required to retire from the service of the State on the expiry of t...
Tag this Judgment!Abdul Gani Vs. Saduram and ors.
Court: Rajasthan
Decided on: Nov-28-1977
Reported in: 1977WLN641
M.L. Jain, J.1. The facts of this case are that inside Sojati Gate Jodhpur Tejdan and Chain Singh had lands in a big Nohra out of which 25-30 plots were carved out and sold by them. On 18-6-1952 the defendant pannalal since then dead, purchased a plot from the said Tejdan and Chainsing. One of the conditions of the purchase was that Pannalal shall not open any window opening, Jali, balcony, Toda, Chhajja, Nali or Nal towards south of the plot so purchased. Another piece of land was purchased by one Champalal Darji on 15-6-57. Yet another plot was purchased by plaintiff Abdul Gani on 21-6-57. In between the plots so sold by Tejdan and Chain Singh there is a 'gali' 27' 8' in length and 3' in width. Since then it appears that houses have been raised on the plots. The plaintiff Abdul Gani complains that the defendant has opened on 30-10-1956 a sp(SIC)ut in his house which discharges filthy water and urine in the said 'gali,' passing on the 'Kawali' of the latrine of the plaintiff which is ...
Tag this Judgment!University of Rajasthan Vs. Mohan Melwani S/O Chela Ram
Court: Rajasthan
Decided on: Nov-24-1977
Reported in: 1977WLN687
P.D. Kudal, J.1. This second appeal is directed against the judgment and decree of the learned District Judge, Jaipur City dated 13-11-1976, whereby the judgment and decree of the learned Munsiff, Jaipur dated 9-3-1976 were reversed.2. The facts of the case, in brief, are that the plaintiff Mohan Melwani filed a suit for declaration and permanent injunction against the University of Rajasthan Jaipur on 10-12-1975. It was contended by the plaintiff that he was appointed as Stenographer on 5-2-1958. and was ordered to be promoted as Stenographer Gr. I with effect from 17-7-1965 The plaintiff was promoted as officiating section Officer on 23-10 1973. The Departmental Promotion Committee constituted under Rule 20 of the Rajasthan University Employees non teaching) Recruitment Rules (hereinafter to be referred to as Recruitment Rules, selected the plaintiff for the post of Section Officer, and he was placed on probation for one year with effect from 4-3-1974. Later on, the plaintiff's proba...
Tag this Judgment!Badri Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-14-1977
Reported in: 1977WLN(UC)562
V.P. Tyagi, C.J.1. This revision from Jai filed by accused Badri is directed against the judgment of the Sessions Judge, Bundi dated 26-7-77 whereby the sentence awarded by the trial court of the petitioner under Section 7/16 of the Prevention of Food Adulteration Act was reduced from one years to six months R.I. but the fine of Rs. 1000/- was maintained.2. The petitioner's submission is that the petitioner was caught selling the adulterated milk in the mouth of January, 1973 and since then he has been facing the proceedings in the Criminal Courts. He also submits that the accused has already undergone substantive sentence of three months and 20 days. He, therefore, contends that the ends of justice would be met if the substantive sentence of the petitioner is curtailed to one already undergone.3. The learned Public Prosecutor, however, has no objection if the request of the petitioner is accepted by this Court.4. In the circumstances of this case t think it proper to reduce the senten...
Tag this Judgment!Agarchand Vs. Badridas Alias Badri Prasad
Court: Rajasthan
Decided on: Nov-09-1977
Reported in: 1977WLN457
D.P. Gupta, J.1. After the coming into force of the amendment of the Rajasthan Presses (Control of Rent and Eviction) Act, 1950, hereinafter referred to as 'the Act', introducing section 14(2) therein, a decree for Moment of the tenant on the ground of reasonable and bonafide personal necessity of the plaintiff cannot or passed, unless the court is also satisfied that a greater hard ship would be caused by passing the decree than by refusing to pass it if is now well settled by a series of decisions of this Court that the aforesaid' provision would have to be taken into consideration even while deciding a suit appeal or a second appeal which was pending at the time when the aforesaid amendment introducing sub-Section (2) of Section 14 was enacted In General Auto Agencies Jaipur v. Hazari Singh 1977 WLN 74a Division Bench of this Court approved three Single Bench decisions holding that the provisions of sub-Section (2) of Section 14, as in reduced by the amending Ordinance No. 26 of 197...
Tag this Judgment!Ajayab Singh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-09-1977
Reported in: 1977WLN553
K.D. Sharma, J.1. Ajayab Singh and Ram Pratap have invoked revisional jurisdiction of this Court by way of an application under Sections 397 read with Section 401, Cr. P.C. against an order passed by the Additional Sessions Judge Sri Ganganagar, in Sessions Case No. 76 of 1976. State v. Succha Singh and Ors.. By this order the Additional Sessions Judge allowed the application presented by Arjun Singh complainant for summoning the petitioners to his court for trial together with the other accused for the offences punishable under Sections 336. 1PG and Section 27 of the Arms Act, which they appeared to have committed.2. The short facts giving rise to this revision petition may be stated as follows: Arjun Singh son of Butta Singh Jat Sikh resident of 58 G.B. lodged a verbal a verbal report with the police at police station, Annupgarh District Sri Ganganagar on 24th May, 1975, at about 3.30 p.m It was alleged in the report that his son Gajjan Singh had gone to his fields on the back of a m...
Tag this Judgment!Har Govind Pant Vs. Chancellor, University of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-08-1977
Reported in: AIR1978Raj72
A.P. Sen, J. 1. This writ petition has been referred to a Full Bench at the instance of the State Government because it involves a question as to the validity of the appointment of Shri Raghukul Tilak as Governor of Rajasthan.2. The relevant facts giving rise to the writ petition, shortly stated, are that during the period of Emergency, the petitioner, who holds a substantive rank of a Reader in Political Science in University of Rajasthan, was appointed as Officiating Director, Institute of Correspondence Studies, on Sept. 29, 1975 by the then Vice-Chancellor Dr. G.C. Pande, respondent No. 2. His services were placed on deputation from the Department of Political Science and in due course the post was advertised. On the recommendation of the Selection Committee constituted for the purpose, which was duly approved by the Syndicate, the petitioner was appointed as Director, Institute of Correspondence Studies, on probation, for a period of one year in the pay-scale of Professor in the U...
Tag this Judgment!Banna Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Nov-07-1977
Reported in: 1977WLN(UC)528
M.L. Shrimal, J.1. This appeal is directed against the judgment dated March 10, 1976 of learned Addl. Sessions Judge, Ajmer whereby he convicted the appellant under Section 376 I.P.C. and sentenced him to four years' rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo rigorous imprisonment for one month.2. The facts giving rise to this appeal are that on 5-9-75 Mst. Godi daughter of Sarwan was dragged by the accused-appellant Banna to the field of Ranglal Jit, and thereafter, he committed rape upon her. On hearing her cries Sarwan, Nanda and Gopal reached on the scene of occurrence. They found Mst. Godi lying in the field. She was bleeding profusely from her vagina. Her Ghaghra was smeared with blood. She was removed from the scene of occurrence to her house in village Dabrela. While being taken to the Police Station she narrated the story to her father. A First Information Report Ex. P/9 of this occurrence was lodged by Sarwan. During the...
Tag this Judgment!Deep Chand Vs. Jaynarayan and ors.
Court: Rajasthan
Decided on: Nov-04-1977
Reported in: 1977WLN529
M.L. Jain, J.1. This is a petition under Sections 80 and 81, of the Representation of the People Act, 1951 filed by Shri Deepchand challenging the election of the respondent No. 1 Shri Jaynarayan to the Rajasthan, Vidhan Sabha from the Sadulpur constituency the result of which was declared on 14-6-77. The petitioner had lost the election by a margin of 759 Votes. By this petition, he prays that the election of, the respondent, No. 1, be, declared avoid general scrutiny and recount may, be, ordered, and then, the result of the election be declared. The main grounds, on which the election of the respondent is challenged are as follows:(1) The Returning Officer rejected ballot papers which, were valid.(2) Some times the correct total number of votes actually in the bundle of a candidate was not correctly declared.(3) Each bundle ought to have been prepared of 50 ballot papers. Some bundles of the petitioner contained more than 50 ballot papers, but they were declared as having 50 ballot p...
Tag this Judgment!Commercial Taxes Officer Vs. Oswal Brothers and anr.
Court: Rajasthan
Decided on: Nov-03-1977
Reported in: 1977WLN(UC)403
R.L. Gupta, J.1. The assessee, non-petitioner No. 1 M/s Oswal Bros, purchased last point goods i.e. ground nut worth Rs. 3,55,619.59 p. in the assessment year 1966-67 (starting from 31-3-66 to 17-4-67) against declaration form ST 17 with a declared purpose of selling the goods within the State of Rajasthan. Similarly, the assessee purchased last point goods i.e. ground nut etc. worth about Rs. 1,00,000 00 in the assessment year 1967-68 (starting from 18-4-67 to 6-4-68) against the declaration in form ST 17 with a declared purpose of selling the goods within the State. The assessee sold these goods in both the assessment years out side the State. The Commercial Taxes Officer, Special Circle. Jodhpur, found in both the cases that the assessee has contravened the conditions of declaration. He further held that the assessee failed, without reasonable cause, to make use of the goods of the declared purpose. He did not agree with the explanation give n by the assessee. He, therefore, imposed...
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