Rajasthan Court May 1977 Judgments
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Krishna Gopal Joshi Vs. the Municipal Board and ors.
Court: Rajasthan
Decided on: May-09-1977
Reported in: 1977WLN198
D.P. Gupta, J.1. The petitioner entered the service of the Municipal Board, Phalodi in the district of Jodhpur (hereinafter referred to as 'the Board') as an Accounts Clerk on April 8, 1954. The date of birth of the petitioner as entered in his service book was August 31, 1919. The petitioner continued to work in the service of the Board as an Upper Division Clerk and subsequently as officiating Executive Officer of the Board. According to the petitioner, an anonymous complaint was made against him before the Sub Divisional Officer, Phalodi on September 13, 1972 on which the aforesaid officer made an inquiry and as a result thereof he came to the conclusion that August 31, 1919 was the correct date of birth of the petitioner and further that there was no reason to doubt the entry made in respect thereof in the service record of the petitioner. A copy of the order of the Sub-Divisional Officer, Phalodi dated December 3, 1972 rejecting the complaint filed in this respect has been produce...
State of Rajasthan Vs. Ram Kishan
Court: Rajasthan
Decided on: May-06-1977
Reported in: AIR1977Raj165; 1977()WLN294
Sen, Actg. C.J.1. This reference to the Full Bench raises a question of some importance, namely, whether a claim for damages by a contractor for nonpayment of the price of work done arising out of a works contract in standard form containing Clauses (6) and (7), falls within the purview of Article 56 of the First Schedule of the Indian Limitation Act. 1908 or comes within the ambit of Article 115.2. The Division Bench before which the appeal came up for hearing felt that the point of limitation was one of frequent occurrence and, therefore, there was need for an authoritative decision. It noticed a diversity of opinion between the different High Courts on the question. It referred to two decisions of this Court in Bhawani Shanker v. State of Rajasthan (AIR 1970 Raj 268) and Tej Singh v. State of Rajasthan ((1971) 2 W LN 28), which, the Division Bench felt, expressed views which were irreconcilable and, therefore, it was desired that the point should be settled by a larger Bench.3. The ...
Srinath Sharma Vs. State Transport Appellate Tribunal, Rajasthan, Jaip ...
Court: Rajasthan
Decided on: May-06-1977
Reported in: AIR1977Raj221; 1977()WLN448
ORDERRajindar Sachar, J.1. This is a petition under Article 226 of the Constitution seeking a direction to quash and set aside the order of respondent No. 1, State Transport Appellate Tribunal, Jaipur, dated March 7, 1977, by which it has granted a temporary permit to respondent No. 3 on Kota-Mangrole route and to quash the permit issued to it.2. A draft scheme under Section 68-C of the Motor Vehicles Act, 1939 (hereinafter called 'the Act') for nationalisation of a number of routes was published on April 24, 1973. One of the routes published (with which we are concerned) was Kota-Kasbathana via Tater. The distance between the Kota Municipal limits and Tater is 6.5 kilometers. The objections to the draft scheme came to be considered by the Joint Legal Remembrancer, who, by order dated May 7, 1976, approved the scheme with the modifications etc. mentioned in the said order. One of the points pressed before him was that asTater is only at a distance of 6.5 kilometers from the Municipal C...
Balya Alias Bala Ram and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-06-1977
Reported in: 1977WLN(UC)127
M.L. Shrimal, J.1. This jail appeal ii directed against the judgment dated September 29. 1976 of the learned Additional Sessions Judge, Bundi whereby he convicted the accused-appellants Balya, Madan, Sheoji, Chhitar and Nand Lal under Section 395, IPC and sentenced each of them to five years' rigorous imprisonment, and a fine of Rs. 200/-, in default of the payment of which each to suffer further rigorous imprisonment for three months.2. The facts giving rise to this appeal are that on the intervening night of 8th and 9th March, 1975 the appellants in the company of other persons committed a dacoity at the house of Bhar warlal, son of Shri Kana Dhakar, situated in village Gordhanpura. The first information report Ex. P.2 of this occurrence was lodge d at the Police Station, Jawaharsagar Dam on March 9, 1975. During the course of investigation a test identification parade was held under the supervision of PW 31 Shri Deochand Meena, in which the accused-appellants Madan, Balaram and Nand...
Smt. Kesar Bai Vs. the Rajasthan Board of Revenue and ors.
Court: Rajasthan
Decided on: May-06-1977
Reported in: 1977WLN(UC)164
1. This writ petition by Smt. Kesar Bai widow of Mishrilal directed against the order of the Board of Revenue dated 1.2.1966 reviewing its earlier order dated 23.2.1962, as also its subsequent order dated 29.2.1968, raises the question whether or not the India Succession Act, 1925 (which will hereinafter be referred to as 'the Act) or any corresponding law requiring attestation of wills, was in force in the erstwhile princely State of Bundi.2. The petitioner's husband Mishrilal was a recorded Khatedar tenant of 70 bighas and 7 biswas of land situate in village Heerapur in the former State of Bundi. It is alleged that be left a will bequeathing the estate to his sister's son Mudulal, the respondent No. 3. The original will is not forthcoming and, therefore the exact date of its execution is not known. But there is on record a certified copy of the statement of DW/6 Hukamchand Sharma, recorded in the court of the Sub-Divisional Officer, Bundi showing that the alleged will, exhibit D/2, w...
Babu Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-02-1977
Reported in: 1977WLN(UC)126
M.L. Shrimal, J.1. This jail appeal by accused Babulal son of Dhulia Harijan is directed against the judgment of the learned Additional Sessions Judge, Kota dated 30-8-1976 whereby he convicted the accused appellant under Section 307 IPC and sentenced him to three years' rigorous imprisonment and a fine of Rs. 500/-, in default of the payment of which to further undergo simple imprisonment for three months.2. The appellant was tried before the learned Additional Sessions Judge, Kota for attempting to commit the murder of Munshi & Ramswaioop on 31-1-1976 at 4.30 p.m near a betel shop, situated in Bhimganj Mandi, Kota He was represented by a counsel during the trial. After the prosecution evidence was closed on 14-8-1976 the accused appellant was examined under Section 313, Cr. P.C. He denied his complicity in the crime and examined one witness in his defence. Thereafter the case was posted for arguments on August 28. 1976 and after hearing the arguments the learned Judge posted the case...
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