Rajasthan Court July 1978 Judgments
Vagaram Vs. Dharamchand and ors.
Court: Rajasthan
Decided on: Jul-17-1978
Reported in: 1978WLN(UC)195
M.C. Jain, J.1. This revision is directed against the judgment and decree dated 6-11-1973 passed by the Additional District Judge, Sirohi, whereby the plaintiffs' suit was decreed for a sum of Rs. 632.80 p. reversing the judgment and decree of dismissal passed by the learned Munsif, Sirohi, dated 20-1-1973.2. The facts giving rise to this revision petition, may be briefly noticed. The plaintiffs instituted a suit for the recovery of Rs. 898.25 p. on the basis of 'Khata' Ex. 1, which is reproduced below:A * jkoy okxk lksekth fljksgh la- 2022500 Qkxqu on 77 iku lks iz :-65 la 2023 Qkxqu on 77 ch;kt ekl 13 jk56567&80 la- 2024 Qkxqu on 77632&80nk- okxkjke lksekth B3. It was averred that the defendant after making the three entries in the 'Khata' signed the same on 28-2-1968 and thereafter a sum of Rs. 264.20 p. also became due on account of interest and he added to his claim a sum of Rs. 125/- on account of notice. Thus in all he made a claim of Rs. 898.25 p.4. The defendant denied the pla...
Tag this Judgment!Sukh Raj Vs. Sub Divisional Officer and ors.
Court: Rajasthan
Decided on: Jul-17-1978
Reported in: 1978WLN(UC)228
D.P. Gupta, J.1. This writ petition has been filed against the order passed by the Assistant Collector Jalore in execution proceedings arising out of a revenue suit.2. A suit Was filed by respondent No. 2 in the Court of Sub Divisional1 Officer (Assistant Collector), Jalore but the same was dismissed after trial. As appeal was preferred by the respondent No. 2 in the Court of the Revenue Appellate Authority. Jodhpur which was allowed and the suit was decreed by its order dated September 30, 1975 declaring respondent No. 2 to be Khatedar tenant of the disputed land and directing the ejectment of the defendants from the suit land. The decree holder filed an execution application in the Court of the Assistant Collector, Jabore and notice under Order 21 Rule 22 CPC was issued The judgment debtors raised an objection that one of the respondents, namely Taga, had died during the pendency of the appeal before the Revenue Appellate Authority and as such the appeal had abated and decree passed ...
Tag this Judgment!Onkar Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-14-1978
Reported in: 1978(11)WLN611
D.P. Gupta, J.1. In ail these writ petitions common questions of law and fact arise and it would be convenient to dispose of the same by a common order.2. In village Chohtan, situated in District Barmer of the State of Rajasthan, certain plots of land were sold by private negotiations by the Gram Panchayat, Chohtan to various persons including the petitioners, who were the purchasers in respect of one plot each It appears that some complaints were made to the State Government that Shri Bhagwan Das, who was formerly the Sarpanch of the Gram Panchayat, Chohtan acting in collusion with certain officers of the State Govt. caused the disputed plots of land of considerable value to be sold to the members of his family, relatives and other persons close to him and irregular sale deeds were executed in respect of the sale of such plots of land and possession over such plots was also delivered to the respective purchasers The complaints were referred to the Collector, Barmer, who appears to hav...
Tag this Judgment!Hema Vs. the State of Raj. and ors.
Court: Rajasthan
Decided on: Jul-13-1978
Reported in: 1978WLN(UC)301
S.C. Agrawal, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner for the issue of a writ of certiorari to quash the order dated 23rd September, 1971 passed by the Additional Collector, Pali, whereby in exercise of his revisional powers under Rule 272 of the Rajasthan Panchayat and Nyaya Panchayat (General) Rules, 1961, the Additional Collector, Pali, allowed the revision petition filed by respondent No. 4 Premaram, against the order of the Gram Panchayat Khinwara, ordering sale of a plot of land in favour of the petitioner. The Additional Collector, Pali by his order aforesaid, set aside the said sale in favour of the petitioner. The order of the Addl. Collector Pali has been challenged by the petitioner in the writ petition on two grounds:(1) The revision petition under Rule 272 of the Rules, was not maintainable against the order of the Gram Panchayat Khinwara ordering the sale of a plot of land in favour of the petitioner and only...
Tag this Judgment!Hari Narayan Agarwal Vs. the State of Raj. and ors.
Court: Rajasthan
Decided on: Jul-13-1978
Reported in: 1978WLN(UC)302
S.C. Agarwal, J.1. The petitioner, who is a qualified engineer, wanted to establish an industry in the town Bhinmal and for that purpose he approached the State Government through the Collector, Jalore for alloting him the Und in the town of Bhinmal. By order dated 11th August, 1969, the petitioner was informed by the Collector, Jalore, that the State Government, vide its order dated 19th June, 1969, had accorded sanction for the allotment of 5000 Sq, Yards of land to the petitioner for industrial purposes in Khasra No. 2386 in Bhinmal town on the following terms and conditions:1. The applicant shall not transfer or sublet the allotted land.2. The applicant shall pay 0.50 (Fifty) paisa per Sq Yard and on payment of the full price, possession of land will be given to the allottee.3. The land will be given to the allottee on Bhinmal Ramseen road in the east of the Government residential house at present under the occupation of Dy. Supdt. of Police, Bhinmal after leaving land for road bet...
Tag this Judgment!Praveen Kumar Vs. the Board of Secondary Education for Rajasthan and a ...
Court: Rajasthan
Decided on: Jul-12-1978
Reported in: 1978WLN(UC)180
M.L. Joshi, J.1. The plaintiff-appellant passed the High School Examination from the Board of High School and Intermediate Education U.P. Allahabad in the year 1973. The plaintiff took admission in the 11th class in the Government Higher Secondary School, Dholput on 11th of July, 1973 and continued the studies there The application from for the Higher Secondary Examination, which was to be held in March/April, 1974, were to be filled in by 15th of November, 1973, and were to be forwarded by the defendant Principal of the Higher Secondary School Dholpur to the Board of Higher Secondary Education, Ajmer (hereinafter referred to as the Board). The Principal of the said school re fused to forward the application form of the plaintiff appellant to the Board as according to the circular No. 33/73 P 26.07-27831 of the Board sent to the defendant No. 2 to the effect that only those candidates who were born on or by fire 1st of October, 1958, were only eligible for the examination of 1973-74 It...
Tag this Judgment!Bhanwar Lal and Dhan Raj Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-12-1978
Reported in: 1978(11)WLN546
S.K. Mal Lodha, J.1. I have heard all these three connected applications together and propose to decide them together by a common order. First of all, I deal with S.B. Crime Misc. Application No. 71 of 1978.2. A resume of events leading to this application may be briefly noticed. The Manager of the State Bank of Bikaner and Jaipur, Branch Officer, Pali, lodged a first information report before the Station Home Officer, Pali, on June 6, 1978, under Sections 420, 467 and 458 of the Indian Penal Code against the applicant and his father Dan Raj. It was alleged in that report that this firm M/S Chandmal Dhanraj Dharoliya which is a partnership firm and whose partners amongst; others are applicant and his father Dhanraj was having bill purchase account with the aforesaid Bank. While operating the bill purchase account, the applicant took an advance of Rs. 14211.36 P. from the aforesaid bank on April 26, 1976 against the four Hundis and the relevant purchase vouchers, insurance declarations ...
Tag this Judgment!Samadukhan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-11-1978
Reported in: 1978WLN(UC)281
C. Honniah, C.J.1. On October 20, 1974 deceased Jabar Khan along with his son Chhote Khan (P.W 1), Rama (P,W. 2), Deva (P.W. 3) and Abdul Rehaman (P.W. 4) was coming from the side of Akhesagar tank in the afternoon. When they came near the platform of Bhercnji. all the accused armed with deadly weapons attacked Jabar Khan and in flirted injuries on him. On the next day Jabar Khan died. In support of its case the prosecution relied upon the evidence of Chhote Khan (P.W. 1), Rama (P.W. 2), Deva (P.W. 3) and Abdul Rehman (PW. 4), and the dying declaration of Jabar Khan. (P W. 1) to (P. W. 4) did not support the case of the prosecution. The learned Judge relying upon the dying declarations convicted the accused under Section 304, Part 11, and Sections 147 and 148, Indian Penal Code, and sentenced them to various terms of imprisonment, the maximum being five years. There is consistent evidence that the deceased made two statements before his death implicating the appellants Nos. 1 to 4, and...
Tag this Judgment!Hari Ram Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-11-1978
Reported in: 1978WLN(UC)275
K.D. Sharma, J.1. This is an appeal filed by Hari Ram against the judgment of the learned Sessions Judge, Merta, dated 14th December, 1976, by which he was convicted under Section 398, I.P.C. and sentenced to undergo rigorous imprisonment for seven years,2. The case for the prosecution, which has been accepted by the learned Sessions Judge, is that on 1st February, 1976, Babu Ram was grazing his she-camel and its young-one in the field of Kana Ram Bhambhi at village Bhakrod at about 12 in the noon At that time Hari Ram appellant, having armed himself with a gun, came into the field of Kana Ram Bhambhi and asked Babu Ram to hand over the possession of the she camel and its young-one to him. Babu Ran refused to give the appellant his she-camel and its young-one Upon Babu Ram's refusal, the appellant became angry and in a fit of anger he slapped Babu Ram twice or thrice and snatched away the she-camel and its young-one. The appellant, while earning away the she-camel and its young one, op...
Tag this Judgment!Lal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-11-1978
Reported in: 1978(11)WLN298
C. Honniah, C.J.1. The appellant has beer convicted under Section 304 part I, Indian Penal Cede, and sentenced to undergo rigorous imprisonment for seven years.2. The facts proved or admitted are these : On the night of March 4, 1976 the appellant was sleeping in his field. Same where in the night he woke up due to some noise and found the deceased Lalsingh removing fodder belonging to him, and then going away with the fodder Soon thereafter he accosted him and questioned him why he was doing such an act In this be half there was a quarrel and during the course of quarrel the appellant inflicted some injuries on the deceased. Soon after the incident the appellant admitted having inflicted injuries on the deceased as he found him taking away his property in the night. The deceased also made a dying declaration to some witnesses, who came there hearing the cries.3. When a person takes away the property of another by trespassing ever his land, such act amounts to an offence of theft and c...
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