Rajasthan Court July 1977 Judgments
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Shah Poonamchand Vs. Veerchand and ors.
Court: Rajasthan
Decided on: Jul-22-1977
Reported in: 1977WLN(UC)204
R.L. Gupta, J.1. This D.B. Civil Special Appeal has been preferred by the defendant Poonamchand under Section 18(2) of the Rajasthan High Court Ordinance 1949 against the judgment and decree of the learned Single Judge of this Court dated March 26, 1971.2. The plaintiff Roopchand, now dead, represented by the present respondents Nos. 1 to 5 filed a suit for partition of the joint party-wall and also for injunction in the court of Munsif Abu, who decreed the suit of the plaintiff on 3.3.1964 and it was confirmed in appeal by the Civil Judge, Sirohi, by his judgment dated 31st August, 1964. The defendant-appellant preferred a second appeal to this Court. That appeal was dismissed with costs by the learned Single Judge and the decree passed by the court below in favour of the respondents was affirmed. Aggrieved by the judgment and decree of the learned Single Judge, this special appeal has been preferred by the defendant-appellant.3. The relevant fact of the case, in brief, are that Roopc...
Sohan Singh Vs. Banta Singh and ors.
Court: Rajasthan
Decided on: Jul-20-1977
Reported in: 1977WLN(UC)237
M.L. Jain, J.1. Petitioner Sohanlal was allotted by the Sub Divisional Officer, Raisinghnagar, land on 1st May, 1967, in Chak No. 45 N.P. irrigated, on permanent basis as follows :1. Square No. 27 25 Bighas Irrigated NP2. Square No. 12 4 Bighas -do-3. Square No. 29 6 Bighas -do-2. Banta Singh and Mahedra Singh respondents filed review petitions before the Collector against this allotment Bantasingh's contention was-that 6-1/2 Bighas of land in square No. 29 is adjacent to his field. Mahendrasingh contended that 4-1/2 Bighas of land in Square No. 12 was contiguous to his field. The Rajasthan Colonization (Gang Canal Lands Permanent Allotment and Sales) Rules, 1956, by Rule 3, provide for eligibility and priority for allotment of land in the Gang Canal area Sub-rule (2) of Rule 3, however laid down that small patches of land not exceeding 7 Kill as may be sold to a person holding land in the same square, if the person pays the present prevailing market price in one instalment. The respon...
Chetak Cinema Vs. Commissioner of Income-tax
Court: Rajasthan
Decided on: Jul-19-1977
Reported in: [1979]119ITR842(Raj); 1977WLN(UC)221
V.P. Tyagi, C.J. 1. Both these matters can be disposed of by one order as similar questions of fact and law are involved in them.2. The assessee entered into an agreement with M/s. Sanghi Brothers of Jodhpur for the purchase of the Chetak Cinema along with its building. machinery, furniture, etc. An agreement of sale was consequently executed on September 29, 1964. It is not disputed that, in pursuance of the terms of that agreement, Rs. 7,00,000 were paid by the assessee to the owner as part of the sale consideration against the total sale price fixed at Rs. 7,50,000. It is also not disputed that the possession of the property was handed over to the assessee in pursuance of the said agreement. The assessee started running the cinema and claimed in his annual return depreciation in respect of the building, machinery, etc., for the assessment years 1966-67 and 1967-68. The assessing authority disallowed the said depreciation on the ground that the assessee had not become the ' owner ' o...
Fatehsingh Lodha Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-19-1977
Reported in: 1977WLN421
D.P. Gupta, J.1. The petitioner in this case was appointed as a Sub-Inspector of Police on probation with effect from December 2, 1951 by the order of the Inspector General of Police, Rajasthan dated 20/21st December, 1951.2. According to the petitioner, he was confirmed on the aforesaid post of Sub-Inspector of Police by the order of the Inspector General of Police dated September 9, 1952 with effect from August 15, 1952. According to the respondents, however, the petitioner was confirmed by the order of the Deputy Inspector General of Police, Jodhpur Range, Jodhpur dated June 15. 1955 with effect from June 1, 1955. The petitioner there after continued to hold the post of Sub-Inspector of Police. On May 18, 1964 the Superintendent of Police, Sirohi sent a notice under Rule 17 of the' Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as 'the rules') along with a statement of allegations, to the petitioner and he was directed to show caus...
K.R. Bapna Vs. University of Udaipur and ors.
Court: Rajasthan
Decided on: Jul-18-1977
Reported in: 1977WLN(UC)214
D.P. Gupta, J.1. The petitioner holds a degree of Master of Science (Botany) and he also has a doctorate in Science to his credit. He was holding the post of Lecturer in Botany in the University of Udaipur (hereinafter to be referred to as the University'). The University advertised the post of Reader in the Department of Botany by the Advertisement No. 10/71, dated September 20, 1971. The petitioner as well as the respondent No. 3 Shri L.N. Vyas, who was also then working as a Lecturer in the Department of Botany in the University, appeared before the Selection Committee constituted for the purpose of selecting a suitable candidate for the post of Reader in Botany. The respondent No. 3 was selected for the aforesaid post by the Selection Committee, while the petitioner was not selected. Consequently, the respondent No. 3 was appointed as Reader in Botany in the University on the basis of the recommendation of the Selection Committee. The petitioner, by means of this writ petition, see...
Sampat Raj and ors. Vs. Mahipal Singh and ors.
Court: Rajasthan
Decided on: Jul-15-1977
Reported in: 1977WLN(UC)239
S.N. Modi, J.1. This is a miscellaneous appeal under Section 110D of the Motor Vehicles Act, 1939 against the award of the Motor Accidents Claims Tribunal, Jodhpur (District judge, Jodhpur) dated January 28, 1974.2. The relevant facts of the case are that on 11 2-1970 Mahipalsingh was driving a scooter with Mukand Singh on the pillion near Rai-ka-Bagh Railway level-crossing in Jodhpur. Motor Truck No. R.J.Q. 8273 owned by Sampat Raj and driven by Laxman alias Laxmi Narain dashed against the scooter with the result that the scooter was damaged and Mahipal Singh and Mukand Singh received injuries. The Motor-truck is said to have been insured at the relevant period with the Venguard Insurance Company Ltd. Mahipal Singh and Mukand Singh filed a claim before the Tribunal claiming Rs. 8,400/-as damages. The details of the damages mentioned in the claim petition are as follows :A: MahipalSingh(1) Rs. 4,000/- Cost of jiew scooter, as ,injvq|vedin the accident w.as, badly damagedand rendered us...
Dr. Rameshchandra Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-15-1977
Reported in: 1977WLN353
D.P. Gupta, J.1.The question which has been raised in these two writ petitions is identical, viz., as to whether a person who has obtained a degree in veterinary science is eligible to appear as a candidate for appointment to the Rajasthan Administrative Service under the Rajasthan Administrative Service (Emergency Recruitment)Rules, 1976 (hereinafter called 'the Rules'.)2. The petitioners in both these writ petitions are Graduates, having obtained a degree in Veterinary Science and Animal Husbandry, which in short is called BVSc. and A.H. It is not in dispute that the two petitioners are otherwise qualified to appear at the emergency recruitment of the Rajasthan Administrative Service under the Rules. However, their applications for appearing at the Emergency Recruitment Examination held under the Rules have been rejected by the Rajasthan Public Service Commission (hereinafter referred to as 'the Commission') on the ground that the degree of BVSc, and A.H possessed by them has not bee...
Padma Ram Vs. Bhanwari Devi
Court: Rajasthan
Decided on: Jul-13-1977
Reported in: AIR1979Raj84; 1977()WLN328
S.N. Modi, J. 1. The defendant Padmaram has filed this appeal against the order of the Additional District Judge No. 1, Jodhpur dated September 8, 1976 dismissing his application under Section 34 of the Arbitration Act, 1940 for stay of proceedings in the original suit No. 30 of 1976.2. The suit was instituted by the plaintiff-respondent Mst. Bhanwari Devi. The parties are said to be close relatives inasmuch as the daughter of the plaintiff is married to the son of the defendant.3. The parties entered into an oral agreement of partnership in the year 1973 for retail sale of foreign liquor. Subsequently on July 5, 1974 the parties executed an agreement of partnership to carry on the said business under the name and style of 'Quality English Wine Store' in the city of Jodhpur. According to the plaintiff some time near about Deepawali of 1974 disputes arose between the parties. The plaintiff respondent thereupon issued a notice on April 3, 1976 calling upon the defendant appellant to rend...
State of Rajasthan Vs. Kamalji
Court: Rajasthan
Decided on: Jul-13-1977
Reported in: 1977WLN(UC)216
S.N. Modi, J.1. This is an appeal by the defendant State of Rajasthan against the judgment and decree of the learned Senior Civil Judge, Udaipur dated November 22, 1966.2. It is not necessary to narrate the facts in detail. The facts relevant for the purpose of disposal of this appeal are like this. The plaintiff respondent Kamalji took a licence from the defendant for the sale of liquor from April 1, 1963 to March 31, 1964 on guarantee basis. The amount of guarantee agreed upon between the parties was Rs. 1,66,201/-. According to the plaintiff it was incumbent upon the defendant or its Excise Department to supply liquor of the quality and quantity as per demand of the plaintiff. It is alleged that during the relevant period, the plaintiff demanded supply of liquor worth Rs. 1,75,027.61 but the defendant could supply liquor worth Rs. 1,28,121.33. only. The defendant thus failed to supply liquor worth Rs. 46,906.28 and thereby committed breach of contract. The plaintiff after making cer...
Khuman Lal Devra Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-13-1977
Reported in: 1977WLN(UC)251
D.P. Gupta, J.1. The petitioner entered the service of the State of Rajasthan initially as a Plant Protection Mukadam, Thereafter by the order of the Deputy Director of Agriculture (Cotton), Rajasthan, Udaipur dated June 13, 1956 the petitioner was temporarily appointed as a Fieloman in the Cotton Extension Scheme in the grade of R.S.60-3-90-EB 5-120. The petitioner was confirmed on the post of Fieldman by the order dated September 22, 19G7 with effect from July 1, 1959. On April 8, 19b8 the petitioner was transferred to the post of Lower Division Clerk in the office of the Distinct Soil Conservation Officer, Udaipur arid he joined the aforesaid post on April 14, 1968 and continued to hold the sand post till he was promoted as officiating Upper Division Clerk by the order dated September 29, 1970. This officiating promotion or the. post of Upper Division Clerk was given, to the petitioner in accordance with the position assigned to him in the seniority list of Lower Division Clerks, pu...
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