Rajasthan Court April 1978 Judgments
Bheraram Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-20-1978
Reported in: 1978WLN(UC)124
R.L. Gupta, J.1. Appellant Bhera Ram was convicted by the Additional Sessions Judge No. 2, Jodhpur, for the offences under Sections 447 and 376, IPC, He was sentenced to undergo rigorous imprisonment for two months for the offence under Section 447, IPC and to undergo rigorous imprisonment for four years and of Rs. 1,000/- in default of the payment of fine to undergo further rigorous imprisonment for six months for the offence under Section 376, IPC, vide his judgment dated April 27, 1976, in Sessions Case No. 22 of 1975.2. The prosecution story, in brief, is that one Mst. Mangli went to her field on May 13, 1975, in order to watch the heap of grass and fodder. Finding her alone in the field the appellant Bhera Ram forcibly caught her and raped her. On hearing her cries Birdaram and Ladu Singh came to her rescue. On seeing these persons the accused ran away. The matter was reported to the police station, Shergarh by one Chotha Ram. After investigation the accused-appellant was challane...
Tag this Judgment!Kalu Lal and ors. Vs. Mangilal
Court: Rajasthan
Decided on: Apr-19-1978
Reported in: 1978WLN(UC)64
R.L. Gupta, J.1. The appellants who are the plaintiffs, landlords of the suit shop situated at Chittorgarh, filed a suit against the respondent defendant tenant, for eviction and arrears of rent on the ground of personal bonafide and reasonable necessity for the suit shop. The suit was decided by the learned Additional Civil Judge, Partabgarh, headquarter at Chittorgarh. It was held, that the plaintiffs have, no bonafide and reasonable necessity for the suit for their personal use and the suit of the plaintiffs was dismissed. An appeal from the judgment and decree of the learned Additional Civil Judge was preferred before the District Judge, Partabgarh. The learned District Judge, Partabgarh dismissed the appeal of the plaintiffs and upheld the judgment and decree passed by the Additional Civil Judge, Chittorgarh. The second appeal has now been preferred before this Court by the plaintiffs appellants against the judgment and decree passed by the District Judge in First Appeal affirming...
Tag this Judgment!Nanu Ram and ors. Vs. Vardichand and anr.
Court: Rajasthan
Decided on: Apr-15-1978
Reported in: AIR1978Raj138; 1978(11)WLN128
ORDERKalyan Dutta Sharma, J.1. This civil revision-petition by Nanu Ram, Durga Shanker and Laxmi Kant is directed against an order of the learned Munsiff, Bhinmal, dated 23rd November, 1974, rejecting the three applications of the petitioners who are plaintiffs before him.2. The relevant facts giving rise to this revision-petition may be briefly stated as follows:--The petitioners instituted a suit for permanent injunction against Vardichand and Reva Shanker, non-petitioners, for restraining the latter from causing any interference with the construction of the western wall of the former's house. The non-petitioners resisted the suit filed against them by the petitioners on several grounds which are mentioned in their written-statement. Their main plea was that a joint wall already exists between the houses of the parries and the petitioners are not entitled to cause any material alteration therein so as to obstruct the free passage of air and light, through the ventilators of the walls...
Tag this Judgment!The Delhi Cloth and General Mills Co. Ltd. Vs. the Municipal Council, ...
Court: Rajasthan
Decided on: Apr-12-1978
Reported in: AIR1978Raj177; 1978(11)WLN265
P.D. Kudal, J.1. This civil second appeal under Section 100, Civil P. C. is directed against the judgment and decree dated 30th April, 1977, of the learned Civil Judge, Kota, whereby the judgment and decree of the learned Munsiff Court No. 3, Kota dated 23rd April, 1973 were reversed.2. The brief facts of the case, which are relevant for the disposal of this appeal are that the plaintiff-appellant filed a suit in the Court of the learned Munsiff and Magistrate Court No. 3, Kota on 22nd May, 1968 for a permanent injunction against the Municipal Council, Kota with the averments that the general rate for charging octroi on coal was .05 paise per quintal according to the notification of the Government under Section 104 of the Rajas-than Municipalities Act, 1959, issued in the year 1962. The plaintiff-appellant made a representation to the State Government on which the State Government on 14th Feb. 1968, issued a notification under Section 104 of the Rajas-than Municipalities Act, 1959, dec...
Tag this Judgment!Ajhar HussaIn Vs. Abdul Ghafoor
Court: Rajasthan
Decided on: Apr-11-1978
Reported in: 1978WLN(UC)142
K.D. Sharma, J.1. This is a civil revision by Ajhar Hussain under Section 23 of the Rajasthan Small Causes Court Ordinance against the judgment & decree of the Judge, Small Causes Court, Jodhpur, dated 27th March, 1974, by which the petitioner's suit against Abdul Ghafoor for recovery of Rs. 164/-, was dismissed with costs.2. The relevant facts giving rise to this revision petition may be briefly stated as follow : Ajhar Hussain instituted a suit against Abdul Ghafoor for recovery of Rs. 164/-, in the Small Causes Court, Jodhpur, on 12th May,1973. It was alleged in the plaint that Abdul Ghafoor had been running a business under the name & style the Aradhna Sales Corporation. The said Corporation floated twO schemes Nos. 1 and 2 and invited membership from the public. Every person desiring to be member of the first scheme has to fill the membership form and to deposit Rs. 15/-, per month for 16 months. Under scheme No. 1, 15 lucky numbers were to be drawn during the period of 16 months....
Tag this Judgment!Paras Ram and anr. Vs. the State
Court: Rajasthan
Decided on: Apr-07-1978
Reported in: 1978WLN(UC)157
R.L. Gupta, J.1. This is an application Under Section 482 Cr.P.C. filed by Parasram and Tejumal for quashing the criminal proceedings against the petitioners in criminal case No. 506/76 Under Sections 420, 468 and 109 I.P.C. pending in the court of Judicial Magistrate No. 1, Hanumangarh.2. A complaint was filed by one Sushil Kumar against four persons including Parasram petitioner for the offences Under Section 420 and 468 IPC in the court of first Class Judicial Magistrate No. 1, Hanumangarh, That complaint was sent by the learned Magistrate for investigation Under Section 156(3) Cr.P.C. The police registered the case and after investigation it did not find sufficient ground for putting up a challan agains Gopal. The other three including the petitioner Parasram were challaned but one Tojumal petitioner No. 2 was included, whose name did rot find in the complent. Thus the challan was put up against Tirathdas, Narayan Das, Paras Ram Tejumal. Tejumal was charged for the offences Under S...
Tag this Judgment!Khem Singh Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Apr-07-1978
Reported in: 1978WLN(UC)512
R.L. Gupta, J.1. This appeal has been preferred by Khemsingh against the judgment passed by the Sessions Judge, Udaipur on April 17, 1972 by which he convicted the appellant for the offence under Section 302, Indian Penal Code and sentenced to imprisonment for life for the murder of his own cousin Asu Singh.2. The deceased Asu singh alias Asiya & the appellant were cousins. On the day of incident, that is, August 22, 1971 at about 12 noon both of them were grazing their bullocks in Bor-Ki-Kudi Ki-Magri. The bullocks belonging to Khem Singh entered the field of Asu Singh for grazing. Asu Singh complained to Khem Singh that he has put his bullocks in his field. Khemsingh asserted that the field also belonged to him. This verbal altercation turned into grappling between them. Mst. Bhoori (P.W. 2) and Mst. Dakhu (P.W. 3), who were present near by in their fields, asked them not to fight. The deceased and the appellant then separated. Asu Singh went down the the hillock and Khem Singh climb...
Tag this Judgment!Parihar (Priti) Vs. Parihar (Kailash Singh)
Court: Rajasthan
Decided on: Apr-04-1978
Reported in: AIR1978Raj140; 1978(11)WLN137
M.L. Jain, J.1. This is wife's appeal against the judgment and decree passed by the learned District Judge, Jodhpur, and dated January 4, 1977, by which he granted a decree of divorce to her husband.2. Respondent Kailsh Singh Parihar a pilot officer (now a Squadron Leader) son of a Judge of this court (now Retd.) and appellant Priti a daughter of an army medical officer with the rank of Colonel (now retd-) and educated in a convent were married on May 9, 1968, in Jodhpur. Both come of the two prominent families of the Mali community. Their marriage was not even four years old before it came crashing down and the husband preferred an application on January 11, 1972, for judicial separation on the grounds of desertion and mental cruelty under Section 10 of the Hindu Marriage Act, 1955, which shall hereinafter be called the Act. The Act was amended on May 24, 1972. It was later on converted into a petition for divorce on July 7, 1976, The allegations commence right from the time the bride...
Tag this Judgment!Otmal Vs. Jhunjha Ram and ors.
Court: Rajasthan
Decided on: Apr-04-1978
Reported in: 1978WLN(UC)131
R.L. Gupta, J.1. This is a reference submitted by Shri. S.R. Bhansali Sessions Judge, Balotra recommending that the order of the Sub Divisional Magistrate, Balotra dated 23.5.1970 passed in criminal case No. 206/1967 be quashed.2. The brief facts of the case are that one Jhunjha Ram filed an application before the Sub Divisional Magistrate, Balotra under Section 138 CrPC 1898 alleging therein that Otmal with the help of his labourers non petitioners No. 2 to 9 was digging foundation on the northern side of the public way by encroaching land of the public way and had collected sand and stones obstructing the way, which may be removed. The learned Sub Divisional Magistrate passed a conditional order on 1.6.1967 to the effect that the not petitioners No. 2 to 9 and Otmal were directed to remove the obstruction from the public way which they had caused by digging foundation and collecting sand and stones. Otmal filed his reply denying to have caused any obstruction and pleaded that he has ...
Tag this Judgment!Gopal Dass Vs. Ram Chandra
Court: Rajasthan
Decided on: Apr-04-1978
Reported in: 1978(11)WLN278
K.D. Sharma, J.1. This is a civil revision by Gopal Das, plaintiff, under Section 115 of the Code of Civil Procedure, against an order of the Additional Munsiff, Court No. 2 Jodhpur, restoring on application for setting aside the ex-parte decree, which was dismissed for default of the defendant no-petitioner's appearance on 10th October, 1975.2. The relevant facts giving rise to this revision-petition may be briefly stated as follows : Gopai Das, petitioner, obtained a money decree on 2-8-1971, against ram Chandra; defendant, in Civil Suit No. 135 of 1971. Ram Caned applied under IX Rule 13, CPC for setting aside the ex-parte decree passed against him by the Additional Munsiff, Court No. 2, Jodhpur, on the ground that the summons in suit was not served on him by registered post as he, vas not present in Gulabpura on 30th July, 1970 and had gone to Khusawal to look after his land & orchard. He came to know about the ex-parte decree on 26 February, 1975 having been passed against him fro...
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