Rajasthan Court August 1978 Judgments
Amar Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Aug-21-1978
Reported in: 1978(11)WLN383
K.D. Sharma, J.1. The petitioners have invoked inherent jurisdiction of this Court by way of an application under Section 482, Cr.P.C. for quashing the criminal proceedings pending against them in the court of the Chief Judicial Magistrate, Jalore, under Sections 147, 148, 451, 323 and 326, I.P.C. on the ground that consent to the with drawal of the prosecution was wrongly with held by the learned Chief Judicial Magistrate, Jalore.2. The relevant facts giving rise to this application under Sections 482, Cr.P.C. may he briefly seated as follows : One J.S. son of P.S. resident of Paota lodged a written report with the police at police station, Umedpur, District Jalore on 13-8-1971 at 4 p.m. It was alleged in the report that on 12th August, 1971 at about 10 or 11 in the night he was sitting inside the 'Pol' of his house. At that time, Jai Singh, Bhopal Singh, Bhanwar Singh, Amar Singh and Prithvi entered the 'Pol' having lathis in their hands. Prithvi Singh and Bhanwar Singh caught hold o...
Tag this Judgment!Narayan Lal Vs. Nana Lal and ors.
Court: Rajasthan
Decided on: Aug-14-1978
Reported in: 1978WLN(UC)232
M.C. Jain, J.1. This is a tenant's second appeal against the affirming judgment and decree dated 9.2.1968, passed by the Civil Judge, Udaipur, a suit for arrears of rent and ejectment from a shop.2. The respondents minors through their next friend, their father instituted a suit for ejectment of the suit shop on the ground of personal necessity. It was stated that the plaintiffs and their father are the members of the joint-Hindu family and their father manages the affairs of the family in the capacity of Karta. The plaintiffs purchased the shop through their father on 8.11.65 for a sum of Rs. 22,500/-. The tenant was informed of the sale. In para 6 of the plaint it we' averred that the plaintiff father & their guardian intends to start business in Nathdwara and for that the plaintiffs are badly in need of the suit shop and their father wants to carry on business in that shop.3. The defendant denied these averments and in reply to para 6 stated that the plaintiffs are minors and they t...
Tag this Judgment!Bhagwandas Vs. the Board of Revenue and ors.
Court: Rajasthan
Decided on: Aug-14-1978
Reported in: 1978WLN(UC)255
M.L. Joshi, J.1. This is a petition under Article 226 of the Constitution of India wherein the petitioner seeks to q lash the judgment of the Board of Revenue dated 7-8 1972.2. The facts giving rise to this petition are as under. The petitioner filed a suit on 29th of June, 1966, in the court of the Assistant Collector Deedwana for perpetual injunction praying that respondents Nos. 2 and 3 be restrained from dispossessing the petitioner. The defendants in their written statement contested the claim of the plaintiff-petitioner. On the pleadings of the parties the learned Assistant Collector framed the following three issues:1. Whether the field khasra No. 76 area 89 bighas 4 biswas situated in village Giroda Khara is in possession of the plaintiff.2. Whether the plaintiff is entitled for the grant of perpetual inunctions against the defendant.3. Relief?3. The learned Assistant Collector after recording the evidence produced on behalf of both the sides dismissed the plaintiff's suit by h...
Tag this Judgment!Shashi Shekhar Sharma Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Aug-08-1978
Reported in: 1978WLN(UC)330
D.P. Gupta, J.1. In this writ petition twos ubmissions have been made by the learned Counsel. The first relates to the interpretation of proviso (9) of Clause 10 of the notification issued by the Rajasthan Public Service Commission, Ajmer thereinafter called's the Commission') in respect of holding the Rajasthan Administrative Service Examination and other connected examinations in the year 1978, Clause 10 of the aforesaid notification a copy of which is Ex. 2 on record, relates to the age limit of the candidates eligible for appearing at the concerned examinations and it has peen provided therein that the candidate should be more than 21 years of age and less than 28 years of age on 1st January, 1979. Then there are several provisos attached to Clause 10 of the said notification. Proviso (9) thereof provides that if in any year the examination has not been conducted and the candidate might have been eligible for appearing in the examination if held in that year, then much a candidate ...
Tag this Judgment!Carona Sahu Co. Ltd. Vs. Vinod Kumar Goyal
Court: Rajasthan
Decided on: Aug-05-1978
Reported in: AIR1979Raj1; 1978(11)WLN663
N.M. Kasliwal, J.1. This miscellaneous appeal has been filed against an order of the District Judge, Ajmer, dated 27th Sept. 1977, whereby an application filed by the defendant under Section 13 (5) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, (hereinafter referred to as 'the Act'), was dismissed.2. The plaintiff filed a suit for eviction of a shop on the ground of his reasonable and bona fide necessity, default in the payment of rent and on account of denial of his title by the defendant. The defendant moved an application under Section 13 (5) of the Act, 1950, on 7th Aug. 1975 which was the first date of hearing of the case. In this application the defendant submitted that the arrears of rent amounting to Rs. 9,200/- for the period of 1st Oct., 1974, to 31st May, 1975 have already been paid to the Commercial Taxes Officer Ajmer by defendant on behalf of the plaintiff under Section 11A of the Rajasthan Sales-tax Act, as ordered by the Commercial Taxes Officer Ajmer...
Tag this Judgment!State of Rajasthan Vs. Durga Ram
Court: Rajasthan
Decided on: Aug-05-1978
Reported in: 1978WLN(UC)317
M.C. Jain, J.1. This is an appeal by the State against the judgment dated 13th April, 1972, passed by the learned Sessions Judge, Marta, whereby he acquitted the respondent of the offence under Section 411, IPC, reversing the judgment of conviction of the Munsif Magistrate, Marta, dated 26-8-71.2. Peer Mohammed has also preferred a revision petition against the judgment of the learned Sessions Judge, Marta. The appeal and the revision, both, are being disposed of by this judgment.3. The prosecution story, in brief, is that Peerkhan alias Peer Mohammed lodged a report at the police station, Marta, on 1.8.70, in which he stated that a sum of Rs. 3,300/- was lying in a tin box in his shop. This fact was known to Durgaram, Om Prkash and Jagdish as the money was counted in their presence on 30th July 1970. When he searched the tin box the money was missing On this report a case under Section 457/380, IPC, was registered. During the investigation the respondent got recovered Rs. 2,700/- and ...
Tag this Judgment!State of Rajasthan Vs. Heera Lal and ors.
Court: Rajasthan
Decided on: Aug-04-1978
Reported in: 1978WLN(UC)279
M.C. Jain, J.1. This appeal is directed against the judgment dated 28-5-1973 passed by the Magistrate First Class, Barmer, whereby the respondents were acquitted of the offence under Section 4(2) of the Rajasthan Prohibition Act.2 The prosecution case in brief is that on 26-31971 the police party raided the house of Heeralal respondent and on search being taken in the presence of the 'motbirs' the respondents Pokarchand and Mangilal w ere found selling the liquor. 4 bottles of 'Gulab', 21 bottles of plain liquor & 34 empty bottles were recovered They were sealed at the spot. Seizure memo was prepared and the accused persons, after investigation, were challenged.3. After trial it was found that the liquor was seized from the custody of the respondents, but as no expert was examined on the point as to ether the liquid recovered was liquor, so relying on an authority of this Court State v. Sanwalram 1970 R.L.W 566 the respondents were acquitted and it was also observed that no evidence ha...
Tag this Judgment!Kesari Mal Khatri Vs. the Municipal Board
Court: Rajasthan
Decided on: Aug-04-1978
Reported in: 1978WLN(UC)295
S.K. Mal Lodha, J.1. This is plaintiff's second appeal against the appellate judgment of the learned Senior Civil Judge No. 1Jodhpur dated August 29, 1967 by which he set aside the judgment and decree of the Munsif, Jaisalmer, dated September 23, 1964 passed in Civil Original Suit No. 51 of 1962 & dismissed the suit of the plaintiff-appellant with costs2. The facts giving rise to this appeal may be briefly noticed. The plaintiff-appellant owns a house situate in ward No. 6 at Jaisalmer, the description of which is given in pare 1 of the plaint. The case of the plaintiff-appellant as disclosed in the plaint is that in from of the house there existed a 'chabutri' measuring 6' long& 3' wide & this 'Chabutri' extended upto the shop of one Hazarimal son of Khubchand. The measurement of the chabutri as it existed at the time of the institution of the suit was 2' 4' long and 3' wide According to the plaintiff, this Chabutri was part of the plaintiff's house described in para 1 of the plaint a...
Tag this Judgment!Firm Gotan Lime Syndicate Vs. the State of Raj. and ors.
Court: Rajasthan
Decided on: Aug-03-1978
Reported in: 1978WLN(UC)251
S.C. Agrawal, J.1. In this petition under Article 226 of the constitution the petitioner seeks a thin the nature of mandamus restraining the respondents from recovering dead not from the petitioner in respect of the land which had been leased out to the petitioner under the leases deed dated October 4, 1954 a lease was granted to the petitioner from November 1, 1954, in respect of an area measuring 15 Sq miles near village Golan in District mineral under the Rajasthan Minor Excavating of lime stone which is a minor Mineral Concession Rule 1959 the lease was granted for the period of 5 your and a sum of Rs. 96000/- was payable as annual dead rent under it the lease was renewed for a period of 5 yours from November 1, 1959 October 31, 1964. But before the expiry of the renewed term the petitioner on April 25, 1964 Applied for second renewal of lease under Rule 16 of the Rajasthan Minor mineral concession Rule 1959 Before any action was taken on the said application for the renewal the pe...
Tag this Judgment!Prem Chand and 7 ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Aug-03-1978
Reported in: 1978WLN(UC)246
D.P. Gupta, J.1. These 7 writ petitions have been taken up today for final hearing with the consent of the learned Counsel for the parties. As common questions of law and fact are raised in these writ petitions, it would be convenient to decide them by a common order.2. The case of all the petitioners is that each one of them had applied for conversion of agricultural land under his tenancy and possession and situated within district of Bhilwara, into land meant lot residential or commercial purposes in urban area, in accordance with the provision of Rule 5 of the Rajasthan (Allotment & Conversion of Agricultural Land for Residential or Commercial Purposes in Urban Areas) Rules 1971 (hereinafter referred to as 'the Rules'). The Collector, Bhilwara, after consulting the Urban Improvement Trust, Bhilwara, passed an order on 21-6-74 allowing the requisite conversion article regularization for the use of agricultural land for construction of residential houses by granting leases for a peri...
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