Rajasthan Court March 1979 Judgments
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Madanlal and Anand Prakash Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-21-1979
Reported in: 1979WLN(UC)212
Mahendra Bhushan, J.1. A criminal case No. 543/77 against Shivcharan Lal, Madan Lal and Anand Prakash is pending in the court of Munsif and Judicial Magistrate 1st Class, Beawar. The accused- petitioners have come to this Court with a prayer that the criminal proceedings pending before the learned Magistrate be quashed. These two petitions arise out of the same case and, therefore, can be conveniently disposed of by a single order. To dispose of these petitions, some facts need be stated, which are as follows.2. Shivcharan Lal accused-petitioner along with two other Gopal Prasad son of Madanlal and Hari Prasad son of Kishorilal constituted a partnership firm M/s. Srigopal Dal Mills at 142-A, Mahant Building, Rampura, Delhi. The partnership came into existence on 181-1973. A complaint was filed against the accused-petitioners and one Gopal on February 23, 1974 by Ratanlal, a partner of M/s Chattar & Co., Beawar under Sections 420, 406 and 120B IPC with the allegations that Shivcharan an...
Vali and ors. Vs. Vali Mohd. and ors.
Court: Rajasthan
Decided on: Mar-20-1979
Reported in: 1979WLN120
S.K. Mal Lodha, J.1. The petitioners Vali Mohammed Sakka and Basir son of Karim have filed this petition for revision under Sections 401/397 Cr.P.C. against the older of the learned Additional Sessions Judge, Hanumangarh dated August 6, 1977, by which he directed the Judicial Magistrate, Hanumangarh to take cognizance against them for an offence under Section 302 IPC and to summon them.2. Non-petitioner No. 1 Vali Mohammed son of Nagar is complainant After recording First Information Report, regarding an offence of murder at the instance of complainant, and completing the investigation and arrest of one Idrish, the SHO, Hanumangarh submitted a challan for commitment of the case in the court of she Judicial Magistrate, Hanumangarh on December 29, 1976 The complainant submitted a protest petition in respect of the sane occurrence to the Judicial Magistrate implicating four accused persons including Idrish against whom challan was submitted by the police The learned Judicial Magistrate, d...
Kesardas Vs. Harish Chandra Vyas
Court: Rajasthan
Decided on: Mar-20-1979
Reported in: 1979WLN640
N.M. Kasliwal, J.1. In the above appeal a caveat had been filed on behalf of the respondent under Rule 159 of the Rajasthan High Court Rules. The counsel for both the parties had agreed to argue the appeal itself. The record of the case was, therefore, called and both the learned Counsel for the parties were heard at length.2. The plaintiff landlord filed a suit against the defendant-tenant for eviction of certain premises situate at Ladpura Kota The only ground on which the plaintiff landlord has sought eviction is of material alteration in the Premises as contained in Section 13(1)(c) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, (hereinafter called 'the Act'). It was alleged the plaint that in January, 1973, the defendant tenant made the following material alterations in the suit premises:(i) the back wall and the two side walls of one Kelu Posh' room were raised;(ii) the 'Kelu Posh' roof of the room was removed and it has been replaced with cement sheets;(iii) F...
Harish Chandra Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Mar-20-1979
Reported in: 1979WLN(UC)105
M.C. Jain, J.1. The appellant Harish Chandra stands convicted under Section 409, IPC and has been sentenced to 1 1/2 years rigorous imprisonment and to pay; a fine of Rs. 5,000/-, in default, to undergo farther rigorous imprisonment for six months by the learned Sessions Judge, Merta, by his judgment dated 13-3-75.2. The prosecution case, in brief, is that at the relevant time between 1-3 69 to 24-1-69 the appellant was an overseer in the Public Works Department (B & R.) under the Assistant Engineer (Famine Su-Division) Nagaur, Shri Mukhtiarsingh Gill. The appellant was incharge of the famine works, bring carried on Bhundel-Chitana and Dsu-Khinviar roads. There Were number of gangs headed by mates and supervisors under the control of the accused. As a part of his duty, he used to receive substantial amounts for being disbursed to the labourers It is Said 'that the appellant received a sum of Rs. l, 79; 341.58 from the office of the Assistant Engineer during the period 1-3 69 to 24-4-69...
Ganesh Ram Vs. Smt. Patasi
Court: Rajasthan
Decided on: Mar-20-1979
Reported in: 1979WLN(UC)120
C.M. Lodha, C.J.1. This revision petition) arising out of the proceedings under Section 485, Code of Criminal Procedure, is directed against the order dated December 24, 1974 by which the learned Munsiff and Judicial Magistrate, Jodhpur District, Jodhpur dismissed the husband's application dated April 14, 1970 under proviso (1) to Sub-section (3) of Section 488, Code of Criminal Procedure.2. The facts of the case may be stated within a narrow compass: The non petitioner Mst. Patasi (who will be hereinafter referred to as 'the wife') made an application against the petitioner Ganeshram (who hereinafter be referred to as 'the husband') for maintenance under Section 488, Code of Criminal Procedure. The husband having remained absent an exparte order for maintenance at the rate of Rs. 40/- per month was passed in favour of the wife on January 20, 1969. The husband applied for setting aside the exparte order, but his application was refused. Thereafter on April 14, 1970 he made an applicati...
Padam Chand Vinay Chand Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Mar-16-1979
Reported in: AIR1980Raj89
Mahendra Bhushan, J.1. This appeal has been preferred by the petitioners against the order of the learned single Judge dismissing the S. B. Civil Writ No. 1451 of 1976 of the petitioners.2. The appellants are a registered partnership firm engaged in the business of mining. In the village Khawa Raoji, Tehsil Dausa, Dist. Jaipur, the petitioners have two mining leases each for an area of 106 acres and 450 acres respectively granted to the petitioners by the Rajasthan Government in the years 1970 and 1971. Close by to this area, there was an area supposed to be a soap stone bearing one, measuring 77.7 hectares, which was previously granted under mining lease to one Shri Anand Singh Kachwaha, but as he did not execute the mining lease, the area was declared free and fresh applications were invited by notification dated Feb. 18, 1970 published in Rajasthan Rajpatra dated Dec. 3, 1970. The petitioners submitted an application for mining lease on Jan. 4, 1971 for an area of 887.46 acres or 35...
Kishansingh Vs. City Corporation (Now Municipal Council)
Court: Rajasthan
Decided on: Mar-16-1979
Reported in: 1979WLN(UC)130
S.K. Mal Lodha, J.1. This second appeal by the plaintiff is directed against the judgment and decree dated April 18, 1967 passed by the learned Senior Civil Judge, Udaipur by which he maintained the judgment and decree of the learned Munsif, Udaipur dated May 26, 1959 in a suit for declaration and injunction2. The facts leading to this appeal, briefly put, are these : There is a 'chowk' in front of the 'haveli' of Thikana Kotra. It appears that the neighbours complained regarding the existence of a compound wall which was demolished by the Municipal Corporation of Udaipur (hereafter called the Corporation) on May 22, 1954. The Corporation also removed the stones, & served a notice on the plaintiff on January 12, 1958 demanding the expenses for the demolition of the 'Kot' and for cearing the debris. Thereupon, on March 25, 1958 the plaintiff served a notice on the Corporation which was received by it on March 27, 1958, asking it to re-erect the wall and to pay Rs. 500/- as compensation ...
Bhera Ram and ors. Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-09-1979
Reported in: 1979WLN224
M.C. Jain, J.1. These 26 are writ, petitions where in orders passed by he Sub-Divisional Officer, Sojat, (respondent No. 3) dated 18.9.75 and the Revenue Appellate Authority, Jodhpur (respondent No. 5). dated 26.3.76 in ceiling proceedings in relation to the lands held and transferred by respondent No. 4 in favour of the petitioners, have been sought to be quashed.2. The petitioners have averred in their writ petitions that they are agriculturists domiciled in Rajasthan within the defnition of the term as given in explanation to Section 30DD of Chapter III of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act') They are permanently residing In Rajasthan since birth and earn their livelihood wholly from agriculture and cultivate their lands by their own labour and the labour of the members of their family They being landless cultivators as defined in the Act purchased Agricultural lands described in para 2 of the writ petitions not exceeding 30 acres from respondent No...
State of Rajastan Vs. Kachab
Court: Rajasthan
Decided on: Mar-06-1979
Reported in: 1980CriLJ894
Kalyan Dutta, J.1. This is an appeal preferred by the State of Rajasthan against the acquittal of Kachab respondent for the offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act.2. It will not be out of place to mention that Kachab was tried for the aforesaid offence by the Municipal Magistrate, Jodhpur, and found guilty of selling adulterated milk of cow on Sept, 20, 1966, at 10.30 a. m. near railway station octroi post, Jodhpur. The learned Municipal Magistrate convicted the respondent under Section 7 read with Section 16 of the Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-, in default of payment of fine to further suffer rigorous imprisonment for three months, Aggrieved by his conviction and the sentence, the respondent filed an appeal in the court of the Sessions Judge, Jodhpur, who, transferred it to the court of the Additional Sessions Judge No. 2, J...
State of Rajasthan Vs. Kachab
Court: Rajasthan
Decided on: Mar-06-1979
Reported in: 1979WLN138
K.D. Sharma, J.1. This is an appeal preferred by the State of Rajasthan against the acquittal of Kachab respondent for the offence under lection 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act.2. It will not be out of place to mention that Kachab was tried for the aforesaid offence by the Municipal Magistrate, Jodhour, and found guilty of selling adulterated milk of cow on September 20, 1966, at 10.30 a.m. near railway station octroi-post Jodhpur The learned Municipal Magistrate convicted the respondent under Section 7 read with Section 16 of the Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs 1030/-, in default of payment of fine to further suffer rigorous imprisonment for three months Aggrieved by his conviction and the sentence, the respondent filed an appeal in the court of the Sessions Judge, Jodhour, who transferred it to the court of the Additional Sessions Judge No. 2, Jodh...
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