Rajasthan Court August 1978 Judgments
Rajendra Singh and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-31-1978
Reported in: 1978(11)WLN431
K.D. Sharma, J.1. S.B. Criminal Jail Revision No. 180 of 1978 61ed by Rajendra Singh and S.B. Criminal Jail Revision No. 161 of 1978, presented by Damar Singh arise out of one and the same judgment of learned Sessions Judge, Udaipur, dated July 3, 1978, by which the convictions of the petitioners under Section 457 read with Section 75 and 380 read with 75, I.P.C. were maintained but the sentences of three years' rigorous imprisonment awarded to each of there on each count were reduced to rigorous imprisonment for 2 12 years' and in addition thereto a fine of Rs. 1000/-, and in default of payment of fine to undergo further rigorous imprisonment for six months was imposed on each count in lieu of the remitted part of the sentence. The sentences awarded to each petitioner were, however, ordered to run concurrently. As common questions of law and facts are involved in these two revision petitions, they are disposed of together by one judgment.2. The prosecution case against the petitioners...
Tag this Judgment!Surajmal Vs. Ramdayal and ors.
Court: Rajasthan
Decided on: Aug-30-1978
Reported in: 1978WLN(UC)260
S.K.M. Lodha, J.1. This is a plaintiff's revision directed against the order of the District Judge, Pali dated April 11, 1978 by which he dismissed die petitioner's appeal against the order dated April 6, 1978 passed by Munsiff Pali whereby maintaining the rejection of the petitioner's application under Order 39 Rules 1 & 2 read with Section 151 C.P.C. for the grant of temporary injunction.2. The plaintiff instituted a suit for permanent prohibitory injunction in the court of Munsif, Pali. The case of the plaintiff, as unfolded in the plaint, is that he is a Godolia Luhar, that he was allotted a piece of land in the year 1956 and that on a part of the land so allotted, he constructed his house and left the land open marked ABCD shown in red colour in the plan appended to the plaint open. This portion is the subject matter of dispute in the suit. His case further is that he has been residing in the house so built and has been doing his work of ironsmith upon the land in suit since 1956....
Tag this Judgment!Pema Ram and ors. Vs. Ladhu Ram and ors.
Court: Rajasthan
Decided on: Aug-30-1978
Reported in: 1978WLN(UC)259
M.C. Jain, J.1. This revision is directed against the cider dated 19.9.1977 passed by the Additional District fudge No. 1, Jodhpur whereby the present petitioner's application dated 25-10-76 under Order 1, Rule 10 read with Section 151 CPC was rejected.2. Briefly, the facts are that the plaintiff Shri Ladu Ram instituted a suit against the Municipal Council, jodhpur and the Urban Improvement Trust, Jodhpur under Section 6 of the Specific Relief Act, 1963 in respect of the land measuring 1, 987 sq yds. It was alleged that the plaintiff was dispossessed from the disputed land on 15 5-1975 by the Municipal Council, Jodhpur & the Urban Improvement Trust, Jodhpur is going to allot the lard to order persons. The present petitioners presented an application with allegations that they have been allotted the lard on 2-2-1976 and the price has been paid by them, and commercial licences have been issued to them and they were put into possession of the land. On these facts it was stated that they ...
Tag this Judgment!Smt. Raja Bai Through Her General Power of Attorney Holder, Shri Ompra ...
Court: Rajasthan
Decided on: Aug-30-1978
Reported in: 1978WLN(UC)410
S.C. Agrawal, J.1. Smt. Raji Bai, the petitioner in this petition under Article 226 of the Constitution is a displaced person having migrated after March 1947 from West Pakistan, leaving behind her irrigated lands there. In the erstwhile State of Bikaner in village Gharsana Tehsil Anupgarh District Ganganagar, land measuring 46 Bighas and 13 his was in khasra No. 62 and land measuring 23 Bighas and 3 Biswas in Khasra No. 64 formed part of the Estate of Chhatargarh and were recorded as occupancy Khudkast lands of Mohd Alt son of Shri Alia Jawaya Peeru, Khiwan, Ramzan and Subhan sons of Shri Firoz Khan Dulle Khan and Jale Khan sons of Jeewan Khan and Miran Khan S/o. Soyat Khan. The case of the petitioner is that the above named Muslim Khatedars migrated to Pakisthan during the civil distrbance after March, 1947 and, thereafter the said lands became evacuee property within the meaning of Section 2(c) of Bikaner State (Administration of Evacuee Property Order, 1948 as well as within the me...
Tag this Judgment!Padma Ram Vs. the Revenue Appellate Authority and ors.
Court: Rajasthan
Decided on: Aug-29-1978
Reported in: 1978WLN(UC)265
S.C. Agrawal, J.1.This writ petition Under Article 226 of the Constitution has been filed by the petitioner Padmaram for the issue of a writ of certiorari to quash the order dated 14th August. 1969, passed by the Addl. Collector, Nagour and the order dated 28th October, 1972 passed by the Revenue Appellate Authority, Jodhpur.2. The petitioner owns a house in village Kuohera, Teh: Nagour and in front of the said house there is a strip of land measuring 15-1/2 ft x 4ft on which there is a raised platform. The petitioner applied to the Gram Panchayat. Kuchera on 9th January, 1964 for the issue of a patta in respect of land above mentioned and the Gram Panchayat be its order dated 20th May, 1964 directed that a patta be issued in favour of the petitioner for the said land. In pursuance of the order of the Gram Panchayat dated 20 the May, 964, the petitioner deposited a sum of Rs. 112/- on 21st May, 1964 and a that was issued in his favour on the same day i.e. 21st May, 1964. Gigaram, respo...
Tag this Judgment!Sarupa Vs. the Addl. Collector and ors.
Court: Rajasthan
Decided on: Aug-29-1978
Reported in: 1978WLN(UC)249
S.C. Agarwal, J.1. In this writ petition under Article 226 of the Constitution the partition is challenging the order dated 30th September, 1972 whereby the additional collector, Pail rejected the revision petition filed by the petitioner against the order of the panchayat swami on the ground that the said revision petition was batted by limitation. The circumstances relating to the passing of the order aforesaid are briefly as under.2. The petitioner Sarupa and his brother Roopa have a house in village Khundawas which falls in the jurisdiction of Panchayat Sadariya and Panchayat Samiti Rohat there is Bara' (enclosure) surrounding the land ever which the houses of the petitioner and his brother Roopa are situated.3. On the basis of the complaint of one Sevaram, respondent No. 4 the gram Panchayat Sadariya on 7th apply 1971 issued a show cause notice to the petitioner requiring him to show cause why a way should not be opened through the 'bara' of the petitioner. In response to the said...
Tag this Judgment!Likhmichand Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-29-1978
Reported in: 1978WLN(UC)271
S.C. Agrawal, J.1. The petitioner Likhmichand owns a residential house in a blind lane in Churu Town. There is a strip of land measuring 21' x 6' (14 Sq. yds) in front of the aforesaid house of the petitioner. In 1961 the petitioner applied to the Municipal Board, Churu for grant of patta to him in respect of the aforesaid strip of Land & on his depositing the sum of Rs. 210/-towards the price of land at the rate of Rs. 15/- per sq. yd. The patta was granted to the petitioner on 25 the October, 1966, by the Municipal Board, Churu on 5th February, 1972, the petitioner gave notice to the Municipal Board under Section 170(1) of the Rajasthan Municipalities Act, 1959, of his intention to make construction on his land including the newly purchased strip of land and the Chairman of the Municipal Board by his letter dated 24/25 February; 1972 sent an intimation to the petitioner giving him permission to make construction in respect of which notice had been given by the petitioner to the Munic...
Tag this Judgment!Mangilal and ors. Vs. Chunnilal and ors.
Court: Rajasthan
Decided on: Aug-28-1978
Reported in: 1978(11)WLN406
S.K.M. Lodha, J.1. This revision has been preferred by Mangilal, Basant Kumar and Shantilal who are sons of Bhanwarlal (employer) and opposite party No. 1 before the Workmen's Compensation Commissioner, Udaipur Region, Udaipur and is directed against the order dated May 5, 1977 passed by the Workmen's Compensation Commissioner, Udaipur Region, Udaipur on an application dated November 3, 1976 under Section 47 Civil Procedure Code.2. A few facts deserve recall here. One Shri Chunnilal son of Shri 'Paras Ram resident of Nai, Tehsil Girawa, District Udaipur preferred two claims under the Workmen's Compensation Act, 1923 (for short the Act) before the Workmen's Compensation Commissioner, Udaipur Region, Udaipur, who will hereinafter be referred to as the Commissioner on the ground that on July 13, 1972 Smt. Ganeshi wife of Chunnilal applicant No. 1 before the Commissioner) and Kumari Narbada daughter of Chunnilal (applicant No. 2 before the Commissioner) died because of the accident. He fil...
Tag this Judgment!Murlidhar Vs. Ramlal
Court: Rajasthan
Decided on: Aug-25-1978
Reported in: 1978(11)WLN360
S.K.M. Lodha, J.1. This is a plaintiff's second appeal against the judgment and decree of the District Judge, Merta, dated July 8, 1967 in a suit for demolition; of a latrine and perpetual prohibitory injunction. The facts leading to this appeal are these. There is a locality known as Nayanagar in the town of Deedwana. The plaintiff's house, the description of which was mentioned in para 1 of the plaint is situated in that locality in the town of Deedwana. Contiguous to it in the north was the house of one Usman, which has now been purchased by the defendant-respondent Plaintiff has submitted a plan Ex. 1 along with the plaint and these two houses belonging to the plaintiff and the defendant 'have been distinctly shown in it. The case of the plaintiff appellant is that the wall DB, is his exclusive and he is the sole owner in possession of it. There is two ventilators and a water spout in this wall. Towards north, of this wall, according to the plaintiff there was an open vacant lard w...
Tag this Judgment!Smt. Savitri Devi Vs. the Collector
Court: Rajasthan
Decided on: Aug-24-1978
Reported in: 1978WLN(UC)263
M.L. Joshi, J.1.This is a writ petition under Article 226 of the Constitution of India by Smt. Savitri Devi praying for issuance of a writ, order, direction in the nature of mandamus or certiorari for quashing the order of the Collector Sriganganagar Ex. 4 and further restraining him from taking further proceedings in pursuance of Ex. 4.2. The material facts which are necessary for disposal of this writ petition briefly stated are as under: The petitioner is a Khatedar of agricultural land. Formerly the petitioner had 42 bighas 15 biswas of land in her Khatedar in pursuance of award dated 27-11-59. A settlement parcha was also issued in favoir of the petitioner which is Ex. 2. At that time one Shri Gurdeosingh has raised dispute regarding the part of land mentioned in Schedule B of the writ petition which was given to the petitioner under the award. Shri Gurdeosingh filed a writ petition in this court which was registered as S.B. Civil Writ Petition No. 1990 of 1973. In that case Shri ...
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