Rajasthan Court March 1977 Judgments
Maggi Bai Vs. Sitaram
Court: Rajasthan
Decided on: Mar-30-1977
Reported in: AIR1978Raj1; 1977()WLN159
M.L. Shrimal, J.1. This second appeal in execution proceedings by Maggi Bai is directed against the judgment dated December 9. passed by the learned Additional District Judge No. 1, Jodhpur, whereby he set aside the order dated November 12, 1975 passed by the learned Munsiff City, Jodhpur in Execution Case No. 83 of 1975. By the same order he remanded the case back to the learned Munsiff and directed him to enquire as to whether the landlord's case was covered by Section 14 (2) of the Rajasthan Premises (Control of Rent and Eviction) Act. 1950 (hereinafter referred to as 'the Act') asamended by the Act No. 14 of 1976. If covered thereunder, he was asked to proceed to execute the decree by delivering the possession to the landlord in accordance with the law but not otherwise. The facts giving rise to this appeal are that the appellant is the landlord of a shop situated in Ada Bazar, Jodhpur, rented out by her to Sita Ram--respondent. The appellant Maggi Bai filed a suit for eviction aga...
Tag this Judgment!Abdul Aziz Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-28-1977
Reported in: AIR1977Raj226; 1977()WLN194
ORDERD.P. Gupta, J.1. This writ petition deserves to be dismissed as the grounds sought to be raised therein already stand concluded by this Court and the Supreme Court.2. The Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation') published a draft scheme for the nationalisation of Dun-garpur-Peeth route under Section 68-C of the Motor Vehicles Act (hereinafter referred to as 'the Act'). The aforesaid draft scheme was published in the Rajasthan Gazette dated April 3, 1976 inviting objections in respect thereof from the concerned operators. The petitioner and several others raised objections. The Joint Legal Remembrancer No. II, Government of Rajasthan, who is empowered to hear the objections in respect of the draft schemes of nationalisation on behalf of the State Government, under the provisions of Sub-section (2) of Section 68-D of the Act, decided some of the objections styled as preliminary objections by his order dated September 25, 1976. The mat...
Tag this Judgment!Bhanwar Lal Vs. Kishori Lal and ors.
Court: Rajasthan
Decided on: Mar-28-1977
Reported in: 1977CriLJ1435; 1977()WLN148
ORDERM.L. Joshi, J.1. This is an application Under Section 482 of the Code of Criminal Procedure challenging the order of the learned Munsif and Judicial Magistrate, Nawalgarh dated November 4, 1976.2. The brief facts which need to be mentioned for the disposal of this application are as fallows:-A first information report was lodged by one Behari Lal at Police Station, Nawalgarh on October 15, 1971 Under Section 147, 323, 326 read with Section 149 of the I. P. C. Police started investigation on the report. During the pendency of investigation, Behari Lal filed a private complaint on May 1, 1972 in the Court of Munsif and Judicial Magistrate, Nawalgarh on the same allegations as mentioned in the first information report. In the mean time the police gave final report after investigation, but that did not fructify as the private complaint by that time had already been filed before the learned Munsif and Judicial Magistrate. The prosecution was called upon to lead evidence in support of t...
Tag this Judgment!Jag Ram and anr. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-25-1977
Reported in: 1977WLN(UC)111
D.P. Gupta, J.1. Heard learned Counsel for the parties. Kesra Fam was allotted 25 bighas of agricultural land by the Assistant Colonisation Commissioner, Rajasthan Canal Project, Sri Bijeynagar, by his order dated July 3, 1975, under the provisions of the Rajasthan Colonisation (Sale and Allotment of Government Land to Post-1955 Temporary Cultivation Lease-holders and other Landness Persons in the Rajasthan Canal Project Areal Rules, 1971. It was further ordered that the remaining 25 bighas of agricultural land in the possession of the petitioner Kesia Ram has vested in the State Government & Kesraram was directed to hand over possession of the same to the Tehsildar Colonisation, Suratgarh. The petitioner has filed the present wait petition in this Court against the arosesaid order and has prayed that the respondents be prohibited from alloting the surplus land to other persons by lottery system without giving notice to the petitioner No. 1, Jag Ram who said to be the adult son of the ...
Tag this Judgment!Suraj Mal Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-24-1977
Reported in: AIR1977Raj178; 1977()WLN135
A.P. Sen, Actg. C.J. 1. This writ petition by Surajmal is directed against the order of the Board of Revenue dated 5th July, 1976, dismissing the revision preferred by him against the order of the Revenue Appellate Authority, Kota, dated 13th June, 1974, upholding that of the Assistant Collector, Bundi, dated 25th September, 1971, by which the Assistant Collector declared 54 bighas 15 biswas of land belonging to the petitioner, as being in excess of the ceiling area applicable to him under Section 30-E (1) of the Rajasthan Tenancy Act, 1955, hereinafter referred to as 'the Act'.2. The material facts arc these: The total holding of the petitioner comprises of 114 bighas 18 biswas of land in village Tirath. Before the Assistant Collector, the petitioner claimed the benefit of Section 30-DD of the Act alleging that there had already been a partition between him and his son effected by a decree of the Civil Court in the year 1969 and that he had already transferred 26 bighas 10 biswas of l...
Tag this Judgment!J.K. Synthetics Limited Vs. J.K. Synthetics Mazdoor Union and anr.
Court: Rajasthan
Decided on: Mar-24-1977
Reported in: 1977WLN(UC)90
M.L. Jain, J.1. This writ petition is directed against the award of the learned Industrial Tribunal, Jaipur, dated 12th December, 1975. The State Government had refused the following question for adjudication by the Tribunal, namely:Whether the workmen of J.K. Synthetics Ltd., Kola, who as required to work on any national pr festival holiday, are entitled to twice he daily wages or thrice the daily wages for the day.2. The learned Tribunal held that the worker who is called upon to work on any paid holiday should get double the wages in addition to the wages the will get for that paid holiday. The basis for this award was as office order dated 15th April, 1964, issued by the J.K. Synthetics L.d., Kota, be which the management declared four more days as paid holidays besides three notional holidays. In respect of these paid holidays it was stated that fence the factory was a continuous process factory, there was no possibility of its closing down on any day and as such those persons who...
Tag this Judgment!Udhyog Mandir Khadi Vs. Narsingh Das
Court: Rajasthan
Decided on: Mar-24-1977
Reported in: 1977WLN(UC)84
M.L. Jain, J.1. The facts of this appeal are that the respondent Narsingh Das had a shop in Subhash Bazar, Tonk which was rented out to the appellant Udhyog Mandir, Khadi Bhandar, Tonk The landlord filed a suit for eviction on the ground that the premises were required for settling his grandson Kailash Nath into the business of selling medicines. The learned trial Court by its judgment dated 11th December, 1973, dismissed the suit holding that the premises were not required reasonably and bonafide and it was a mere edevice to secure an increase in the rent.2. Upon appeal, the learned Additional District Judge, Tohk, fountl that the plaintiff had succeeded in establishing that he required the suit shop reasonably ,and bonafide for this grandson Kailash Nath to run a medical store. The judgment of the lower court was reversed and the suit of the plaintiff was decreed. It was also observed that the learned Counsel for the defendant respondent had conceded that he had failed to prove any o...
Tag this Judgment!Rajasthan State Road Transport Corporation Vs. Judge Labour Court Raja ...
Court: Rajasthan
Decided on: Mar-24-1977
Reported in: 1977WLN(UC)82
M.L. Jain, J.1. This writ petition is directed against the award of the Labour Court, Rajasthan, Jaipur, dated 29th May, 1975. The responds it Ghanshyam Singh Ranawat was appointed for a period of two months by the Regional Manager as a conductor during the peak season in the Abu Road Depot, and later on came to be transferred to Udaipur depot. The appointment was absolutely ten porary and the services could be terminated without notice. The turn of appointment was extended up to 31st July, 1972 by an order dated 30th June, 1972. But his services were terminated on 31st October, 1972 by the Regional Manager, Jodhpur. This order was not communicated earlier than 22nd January, 1973 to the Depot Manager Udaipur who removed him on that date. Upon the advice of the Deputy General Manager, the Regional Managtr, Jodhpur made an order on 31st July, 1973, cancelled the order of. 22nd January, 1973, and extended the term of his appointment upto August 15, 1973. It was, however, directed that the...
Tag this Judgment!Dr. B.K. Gupta Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Mar-23-1977
Reported in: 1977WLN124
D.P. Gupta, J.1. We have heard learned Counsel for the petitioner. The petitioner was appointed as a temporary Assistant Medical Officer, on an ad hoc basis, and his services were liable to be terminated at any time without assigning any reason, on giving a month's notice on either side. The petitioner appeared for selection before the Union Public Service Commission for appointment to the post of Assistant Medical Officer, in accordance with the provisions of the Indian Medical Department (Assistant Medical Officers Class II Recruitment) Rules, 1967, but he could not be selected. Even after the rejection of his candidature by the Union Public Service Commission, the petitioner was allowed to continue on the aforesaid post in a purely temporary capacity on ad hoc basis and his term was extended from time to time. By the order of the General Manager, Northern Railway, issued in March 1996 the petitioner's service was terminated with effect from the date of expiry of one month's notice f...
Tag this Judgment!Dule Singh Vs. Municipal Council and ors.
Court: Rajasthan
Decided on: Mar-22-1977
Reported in: 1977WLN207
D.P. Gupta, J.1.The petitioner Dule Singh was employed as a Class IV employee in the Municipal Council, Udaipur in the year 1947. The date of birth of the petitioner was recorded in his service record as July 30, 1917. The petitioner continued to work on the post of Mistry, as a Class IV employee, with the Municipal Council, Udaipur. On completion of 55 years of age, he sought to be retired from the service of the Municipal Council by giving him a notice. But later on that notice was withdrawn, because the Municipal Council referred the matter to the State Government and the State Government by its letter dated October 16, 1972 expressed the view that the date of superannuation in the case of Class IV employees of Municipal Boards and Councils was 60 years. The petitioner, therefore, continued to remain in the service of the Municipal Council, Udaipur. However, the State Government by a notification dated August 20, 1976 published in the Rajasthan Gazette decided that the age of retire...
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