Rajasthan Court March 1977 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Jogender Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-10-1977
Reported in: 1977WLN(UC)157
D.P. Gupta, J.1. This writ petition can be disposed of on a very short point. It is not in dispute that the petitioner and the respondents Nos. 4 & 5 are holing agricultural, land in chak No. 3FD Tehsil Raisinghnagar and all the landholders in the are getting water for irrigation purposes from FD minor (out let) which comes under the Gang Canal North Division, Irrigation Scheme. The Executive Engineer, Irrigation, Gang Canal North Division, Sriganganagar, after hearing the concerned parties passed an order on 'March 14, 1975' sanctioning 'gili-sukhi-nakewar-barabandi' in chak 3FD. Against this order, Balwantsingh and Bootasingh respondents Nos. 4 & 5 filed an appeal before the Superintending Engineer, Bikaner, Irrigation Circle, Sriganagar. The afore said officer, without giving any notice to the petitioner and other land-owners of the area, passed and order on April 11, 1975 and sanctioned 'gili-sukhi-Khatewar-barabandi' in the afore said chak from April 15, 1975 (Kharif 1975).2. The ...
Sohanlal Vs. State and ors.
Court: Rajasthan
Decided on: Mar-09-1977
Reported in: 1977WLN(UC)154
D.P. Gupta, J.1. This case is illustrative of how undue favouritism was shown to petitioner by Municipal Council, Sri Gangangar. The petitioner was employed as a driver with the Municipal Council, Sri Ganganagar. It appears that in the year 1971, the post of Assistant Fire Officer in that Municipal Council was lying vacant. The Council requested the State Government to relax the ban for making direct appointment on the post of Assistant Fire Officer in the peculiar circumstances, probably because the aforesaid post was lying vacant for quite a long time. The State Government by its order dated July 24, 1971 accorded sanction to the Municipal Council for effecting appointment by direct recruitment in accordance with the rules, on the post of Assistant Fire Officer. The then Chairman of the Municipal Council. Sri Ganganagar by order Ex. 2 dated July 29, 1971 appointed the petitioner as an Assistant Fire Officer for a period of six months, considering that he fulfilled all the qualificati...
State Vs. Ramji Lal and ors.
Court: Rajasthan
Decided on: Mar-09-1977
Reported in: 1977WLN566
Rajindra Sachur, J.1. Bhagwandas accused was tried under Sections 307, 332 and 148 I.P.C. along with live other accused, who were tried under Sections 332, 147 and 307 (SIC)ad with Section 149 I.P.C. by the Additional Sessions, Judge Bharatpur. The respondents are one family namely, Ramjilal is the father and four others are wife and sons of Ramjilal.2. The prosecution case, in brief, was that on July 11, 1969, at about 5.00 p. m., Harnamsingh, Head Constable, along with Harbans Singh and Narayanlal constables went to the house of accused Ramjilal to arrest him in case No. 49 under Sections 342, 324 and 325 IPC of police station Nadbai. The further case was that in order to escape arrest Ramjilal entered the house and called upon his sons to beat the police. It was further alleged that in the process, Harbans Singh and Harnam Singh were given beatings. Accused Bhagwandas was said to have given Tangadi blow on the head of Harban Singh constable. Ramjilal was said to have taken the polic...
Commercial Taxes Officer Vs. Abdul HussaIn Sakhlarjee and anr.
Court: Rajasthan
Decided on: Mar-08-1977
Reported in: 1977WLN(UC)78
A.P. Sen, Actg. C.J.1. This is an application under Section 15(3A) of the Rajasthan Sales Tax Act, 1954, filed by the Commercial Taxes Officer Circle 'A', Udaipur for requiring the Board of Revenue for Rajasthan, to state a case and refer to the Court a certain question of law said to arise from its order, for its opinion.2. M/s Abdul Hussain Sakhlarjee, Udaipur hereinafter referred to as 'the assessee'; is engaged in dealing with hardware goods, pipe-fittings, sanitary fittings, cement under on, etc. During the accounting year 1964-65, the assessee effected sales of galvanised corrugated sheets to the time of Rs. 1,72,593.08 paisa. The assessee claimed that the goods were chargeable to tax @ 2% under entry No. 23 of notification dated 2nd March, 1963. The contention of the revenue, on the other hand, was that galvanised corrugated sheets were not covered under entry No. 23 and were therefore chargeable @ 6% under entry No. 65, i.e. the residuary item. The Commercial Taxes Officer held...
Mohan Khadia Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-08-1977
Reported in: 1977WLN456
M.L. Shrimal, J.1. Heard learned Counsel. The accused petitioner is required in a case registered at the Police Station, Kotwali, Jaipur. The amount involved is said to be Rs. 2,97,986.62. A first information report regarding this embezzlement & forgery was registered at the Police Station on April 28, 1976. The co-accused was arrested in May, 1976 and is still in jail, but the accused-petitioner has not yet been apprehended. He was a Cashier in the Bank at the relevant time. Section 437 Cr. P.C is the main provision for bail in regard to non bailable offences. It is followed by Section 438 Cr. P.C., a provision for the grant of anticipatory bail. It is manifest that condition Imposed by Section 437(1) Cr. P.C. are implicitly contained in Section 438 Cr. P.C. otherwise the result would be that persons coming from influential section of the society would be able to thwart the investigation and get them admitted to bail. The Legislature did not intend that accused charged with serious of...
General Auto Agencies, Jaipur Vs. Hazari Singh
Court: Rajasthan
Decided on: Mar-07-1977
Reported in: AIR1977Raj180; 1977()WLN74
Sachar, J.1. This special appeal by the tenant-defendant is directed against the judgment of the learned single Judge dated August 26, 1975, affirming the judgment and decree of the learned Additional District Judge No. 2, Jaipur, dated September 21, 1974, by which he directed the eviction of the appellant.2. The defendant-appellant is a tenant on a rental of Rs. 425/- per mensem. The plaintiff claims to have purchased the property in dispute from the previous owner on November 7, 1968. The plaintiff filed a suit for eviction on the ground of personal bona fide need as well as on the ground that the defendant-appellant was in arrears of rent and was a defaulter. The trial court, by his judgment dated November 21, 1974, decreed the plaintiff's suit and directed the eviction of the appellant. The defendant filed the first appeal before this court. The following points were argued,--(1) That the suit was not maintainable as it was filed against M/s. General Auto Agencies which was not a j...
Brahmanand Vs. Prabhati
Court: Rajasthan
Decided on: Mar-07-1977
Reported in: 1977WLN(UC)61
S.N. Modi, J.1. This revision application is directed against the order of 'the Munsif Sri Ganganagar dated 28-11-1975 dis-allowing the application of 'the plaintiff-petitioner to withdraw his suit with liberty to file fresh suit.2. The plaintiff-petitioner is the owner of plot No. 9 in the Industrial area near Ganesh Talkies Sri Ganganagar. One 'Godam' facing towards the south and situated in the south-west corner of this plot was let out to the defendant on a monthly rent of Rs. 100/-. The plaintiff-petitioner brought a suit for eviction of the defendant from the said 'Godam' and also claimed arrears of rent. The plaintiff sough eviction on the grounds of default in payment of rent and reasonable and bonafide necessity. The defendant resisted the suit on various grounds. It was pleaded that the 'Godam' as also plot No. 9 in the Indusrtiral area belonged to Hansraj who let it out to the defendant in the year 1967. It was also pleaded the Hansraj died leaving behind his widow. The defe...
Hardeo Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-07-1977
Reported in: 1977WLN110
M.L. Shrimal, J.1. This appeal has been directed against the judgment dated January 24, 1974 of the learned Sessions Judge, Ganganagar whereby the accused-appellant Hardeo Singh, son of Lalsingh was convicted for the murder of Ramkumar under Section 302, I.P.C., and sentenced to imprisonment for life.2. Shorn of unnecessary details the prosecution story as disclosed at the trial is that some days prior to the date of occurrence the accused had a quarrel with Ramkumar (deceased) in the cinema house. On May 8, 1973 at 8 p.m. near the shop of Bhaguram and the Gandhi Park in the Mandi of Karanpur the accused caught hold of Ramkumar (since deceased), threw him down, sat on his chest, inflicted four injuries with a knife on the person of Ramkumar and took to his heels. PW 5 Hariram witnessed the occurrence, but without helping the injured or informing any body regarding the occurrence he quietly went to his residence. PW 1 Suratsingh, PW 2 Bhogaliya and others reached the site of the occurre...
Nar Singh Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Mar-07-1977
Reported in: 1977WLN118
D.P. Gupta, J.1. I have heard learned Counsel for the petitioner The petitioner was working as a khalasi at the Railway Workshop at Jodhpur and he was found in possession of stolen copper of weighing 4.600 kg. He was. prosecuted in a criminal court and was ultimately convicted by a Magistrate under Section 3 of the Indian Railway Property (Unlawful Possession) Act, 1966. The Additional Sessions Judge, Jodhpur on appeal, while maintaining the conviction of the petitioner, set aside the sentence awarded to him, giving him the benefit of the provisions of the Probation of Offenders Act. The Disciplinary Authority passed an order of removal of the petitioner from service on the basis of his conviction by the criminal court. The petitioner moved a writ petition in this Court which was allowed by a Division Bench of this Court of which I was a member, along with a batch of other similar writ petitions. This court took the view that Rule 14 of the Railway Servants (Disciplinary and Appeal) Ru...
Kishan Chand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-02-1977
Reported in: 1977WLN(UC)66
A.P. Sen, Actg. C.J.1. This special appeal is directed against an order of Shri D.P. Gupta, J., dated 3-5-1976 dismissing the writ petition filed by the appellant for quashing an order of the State Government dated 2-9-1972 for his compulsory retirement under Rule 244(2) of the Rajasthan Service Rules, 1951.2. Having heard the learned Counsel at length, we have formed the opinion that this special appeal must fail. /The learned Single Judge has carefully viewed all aspects of the matter, and we have no reason to come at a different conclusion. The requirements of note below to Rule 244(2) of the Rajasthan Service Rules, 1951 (hereinafter referred to as 'the Rules') are clearly fulfilled.3. The service record of the appellant as an Assistant Engineer in the Public Works Department was throughout being uniformly unsatisfactory, except for a few years, the Screening Committee ordered his compulsory retirement in public into est. The learned Deputy Government Advocate has placed before us ...