Rajasthan Court December 1978 Judgments
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Kishoremal Mehta Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-18-1978
Reported in: 1978WLN(UC)481
S.K. Mal Lodha, J.1. This is a special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 against the judgment of the learned Single Judge of this Court dismissing the writ petition under Article 226 of the Constitution of India in limine, filed by the appellant.2. The facts leading to this appeal briefly put are there : In response to the notification, issued by the Rajasthan Forest Department, inviting bids at public auction to exploit four forest koops at Bagol, Saran, Siryari and Jozawar to sell 75,000 mds. of fire woods and 6000 mds of charcoal at prescribed rate at Raikabagh depot, Jodhpur for one year from November 1, 1950 to October 31, 1951, the appellant, who was petitioner before learned Single Judge offered himself as a prospective contractor. His last bid for Rs. 48,1554 annas was accepted on August 10, 1950. It was further stated by the appellant that he raised certain points at the time of auction on which it was agreed that the supply or yield of 75.000...
Shyam Lal Vs. Sohan Lal
Court: Rajasthan
Decided on: Dec-17-1978
Reported in: 1978(11)WLN530
S.K. Mal Lodha, J.1. This revision by the plaintiff-petitioner, is directed against the order of Munsif City, Jodhpur dated May 3, 1974 by which he decided issue No. 5 against the plaintiff and its favour of the defendant and directed him to pay ad valorem, court-fee on the market value of the house in dispute.2. The plaintiff and defend lot are father and son respectively. The plaintiff instituted a suit in the court of Munsif City, Jodhpur on August 28, 1969 stating that he owns a house near Hanuman-ji-ki Bhakri, Jodhpur, described in pura 1 of the plaint, that the defendant, with his family, started living in that house with his permission as licensee, that when the relations between the parties became strained, he served a notice dated August 22, 1967 through his counsel, asking the defendant to vacate the house within 15 days and that notice was delivered to him on August 24, 1967. He further stated that after the expiry of 15 days, the licence stood revoked. It was also stated th...
Kaln Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-13-1978
Reported in: 1978WLN(UC)446
P.D. Kudal, J.1. This revision petition is directed against the judgment of the learned Session Judge, Kota dated 15th April, 1976, whereby the accused-petitioner has been convicted under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to three months' rigorous imprisonment and a fine of Rs. 300/- and in default of payment of fine to undergo futher rigorous imprisonment for one month.2. The learned Counsel for the accused-petitioner has contended that the offence relates to 21st May, 1970. He has further contended that the accused has already remained in custody from 15th April, 1976 to 3rd July, 1976 and, thus, it is contended that he has already remained in custody for about two months and 18 days. Under these circumstance. It is contended that the sentence undergone by the accused-petitioner may be deemed sufficint.3. Mr. Garg, learned Public Prosecutor appearing on behalf of the State, does not oppose the request of the learned Counsel for the accused-petition...
Chauthi and anr. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-08-1978
Reported in: 1978WLN(UC)427
M.C. Jain, J.1. The appellants Chauthi and Haria were convicted Under Section 325, I.P.C., and were sentenced to undergo five years' rigorous imprisonment and a fine of Rs. 250/- each, in default, to undergo three months' rigorous imprisonment each by the Additional District and Sessions Judge, Gangapur City, vide judgment dated 20th April, 1974.2. The prosecution case, in brief, is that on 24-4-1973 at about 2. 00, p.m., Nathua, decesed, was coming from the side of village Kodia Mahavir. When he reached near Madvi Meharwa the appellants along with three others, namely, Ramji Lal, Khilari and Kirodi surrounded the deceased a id beat him with 'lathis' to death It is said that the occurrence was witnessed by Babu, Sugan, Gir Raj and lamdhan, The dead body of Nathua was then carried in a cart by Kissan Meena to the house of the deceased Ram Bharosi lodged the written first information report Ex. P/1 at the Police Station, Gadmora on the same day at about 10.00, p.m., on which the S.H.O. G...
M.P. Agarwal Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Dec-06-1978
Reported in: 1978WLN(UC)383
S.C. Agrawal, J.1. This petition under Article 226 of the Constitution has been filed by the petitioner Dr. M.P. Agrawal, for the issue of a writ of mandamus to quash the order of the State Government dated 19th January, 1973, appointing Dr. S.S. Shrivastava, respondent No. 2, to the post of Junior Specialist (Medicine) and also for the quashing of the order dated 31st October, 1974, whereby the petition for was reverted from the post of Junior Specialist (Medicine) to the post of Civil Assistant Surgeon, In the writ petition aforesaid, the petitioner has also prayed for the issue of an appropriate writ, cirecting the State Government to appoint the petitioner as Junior Specialist (Medicine) against the vacancies of the year 19?1 and or 1972.2. The petitioner juined Government service as CAS (Civil Assistant Surgeon) on 3rd January, 1958. While working as CAS the petitioner obtained the degree of M.D. in general medicine in the year 1965. By order dated 17th July, 1970, the petitioner ...
Jhuntha and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-06-1978
Reported in: 1978WLN(UC)447
K.S. Sidhu, J.1. The appellants Jhuntha Ram, Chhaju Ram Banwari, and Ganpat were tried, along with Moola and Sheopal, by the learned Sessions Judge, Jhunjhunu for offences against Sections 302, 149, 147, 458 and 323, 149 I.P.C. for inflicting injuries to Gulla deceased and P.W. Jhabar and thereby causing the death of Gulla. The learned Judge acquitted all of them of the offences against Sections 147, 302, 149 and 458 I.P.C. Moola and Sheopal were acquitted of all the charges framed against them Jhuntha Ram, Chhaju Ram, and Banwari were found guilty of causing grievous hurt with blunt weapon to Gulla deceased and thus convicted under Section 325 read with Section 34 I.P.C. They were sentenced to rigorous imprisonment for a term of five years each. Ganpat was found guilty of causing hurt to Jhabar P.W. and thus convicted under Section 323 IPC to a sentence of rigorous imprisonment for two months.2. Jhuntha Ram Chhaju Ram, Banwari and Ganpat have appealed from the aforementioned order of ...
Gopal Singh and ors. Vs. Shanker Singh
Court: Rajasthan
Decided on: Dec-06-1978
Reported in: 1978WLN(UC)477
S.C. Agrawal, J.1. Both these revision petitions arise out of Civil Original Case No. 384 of 1972 which was originally filed by the respondent, Shankersingh against the petitioners in the Court of Munsif City, jodhpur, and which was subsequently transferred to the court of Additional Civil Judge, Jodhpur. Civil Revision petition No. 542 of 1974 has been filed against the order dated 13th September 1974 passed by the Munsif City, Jodhpur and Civil Revision Petition No. 278 of 1976 has been filed against the order dated 30th March, 1976 has been passed by the Additional Civil Judge, jodhpur.2. The parties to these proceedings belong to the Raona Rajput Community, which runs a school known as Shri Umed Multi Purpose Higher Secondary School (hereinafter referred to as 'the School') in Jodhpur. The Raona Rajput community also have an organisation known as the Raona Rajput Sabha (hereinafter referred to as the sabha), which a society registered under the Societies Registration Act. The activ...
Jassa Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1978
Reported in: 1978WLN(UC)434
S.C. Agarwal, J.1. This appeal has been fifed by the appellant Jassa Singh under Section 374 of the Code of Criminal Procedure 1973, against the judgment dated 7th April, 1978 passed by the Sessions Judge, Pali in Sessions Case No. 49 of 1977, whereby the appellant has leer; convicted of the offence under Section 325 I.P.C. and has been sentenced to rigorous imprisonment for a period of 4 years and a fine of Rs. 1000/- are in default of payment of fine, it has been directed that the appellant will undergo rigorous imprisonment for a further period of 6 months.2. In Sessions Case No. 49 of 1977, the appellant was prosecuted on a charge Under Section 302 IPC for having committed the murder of one Smt. Birdi on 13th September, 1975 at about 2 pm. at village Kala Kote. The case of the prosecution is that in village Kalakote, there is a field, 'Bera Navoda' measuring 15 Bighas in Khasra Nos. 327 and 328 and in the said field there is a 'Padua' (hut). The said field originally belonged to Sm...
Ram Sahal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Dec-05-1978
Reported in: 1978WLN(UC)528
M.L. Shrimal, J.1. The accused petitioner was tried by the Munsif and Judicial Magistrate, Dausa under Section 7/16 of the Prevention of food Alteration Act for selling adulterated milk to K.C. Verma Food Inspector, Lalsot. The learned Magistrate placing reliance on the memos prepared by the Food. Inspector as well as the statement of the Food Inspector supported years' rigorous imprisonment and a fine of Rs. 1000/- The convicted accused went up in appeal to the court of Additional Sessions Judge, Dausa, The learned Judge partly accepted the appeal, maintained the conviction of the accused but reduced the sentence from three years' maintained the conviction of the accused but reduced the sentence from three years' rigorous imprisonment and a fine of Rs. 1000/- to six months' rigorous imprisonment and a fine of Rs. 1000/-. Hence this revision.2. Keeping in view the preponderance of evidence on record and the limited scope of this Court in exercise of its revisional jurisdiction the lear...
Tulsi Ram Vs. Upbhokta Sahkari Bhandar
Court: Rajasthan
Decided on: Dec-04-1978
Reported in: 1978(11)WLN639
S.K. Mal Lodha, J.1. This revision by the employee, has been preferred against tie order, dated December 6, 1973, passed by learned District Judge, Jodhpur in an appeal, which was filed under Section 17 of the Payment of Wages Act (No. 4 of 1936)(hereinafter referred to as 'the Act').2. The facts relevant for the disposal of this revision are these : The petitioner was an employee of the nonpetitioner Up Bhokta Sahkari Bhandar, Ward No 25 ('the Bhandar' hereafter) on a salary of Rs. 100 per month He was not paid his salary for the period from September 1, 1%S to November 10, 1964 without any reason and was placed under suspension with effect from November 11, 1964 The case of the petitioner further is that since then, up to October 31, 1968, he was not paid any subsistence allowance or salary. The petitioner also stated that he was assured on a number of occasions that he would be paid the subsistence allowance or the salary, bat that was not done. In these circumstance, he filed an ap...
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