Rajasthan Court May 1979 Judgments
Gulam Rasool Vs. Smt. Mariyam and ors.
Court: Rajasthan
Decided on: May-11-1979
Reported in: AIR1980Raj197
ORDERS.K. Mal Lodha, J.1. The plaintiff-non-petitioner No. 1 instituted a suit for possession and mesne profits against the defendants in the court of District Judge, Pali. It was stated that in 1970, defendants Nos. 1 and 2, Mohammed Yusuf and Noor Mohammed took wrongful possession of the land in dispute shown in yellow colour in the map, that defendant No. 2 Munnilal took possession of this land from the aforesaid defendants, that 3-4 months prior to the institution of the suit, defendants Nos. 1 and 2 again took back its possession from defendant No. 3 and that they are carrying on business in the name of 'Allahbux Allarakh Nogi'. According to the plaintiff, defendants Nos. 1 and 2 or defendant No. 3 were trespassers. It was stated that the plaintiff is entitled to restoration of possession from defendants Nos. 1 and 2 or defendant No. 3, whosoever may be found in possession of the land in dispute. In para 3 of the plaint, it was stated that in the proceedings under Section 145, C.P...
Tag this Judgment!The Rajputana Cotton Press Public Limited Company Vs. the State of Raj ...
Court: Rajasthan
Decided on: May-11-1979
Reported in: [1979]44STC373(Raj)
Dwarka Prasad, J.1. The parties in these four writ petitions are the same and as common questions of law and fact arise in these cases, it would be convenient to dispose them of by a common order.2. The petitioner, M/s. Rajputana Cotton Press Public Limited Company, Beawar (hereinafter referred to as 'the company'), is a public limited company engaged in the operation of pressing and baling cotton and wool with the aid of hessian cloth and iron hoops. The company was registered as a dealer under the Rajasthan Sales Tax Act, 1954 (hereinafter referred to as 'the Act'), and was assessed to tax under the Act, for the assessment years 1957-58, 1958-59, 1959-60 and 1960-61 by the Assistant Sales Tax Officer, Beawar (hereinafter referred to as 'the assessing authority'). The assessing authority held the view that the packing material, namely, the hessian cloth and iron hoops, used for wrapping wool and cotton by the company, was part of the goods sold and that the pressing and baling charges...
Tag this Judgment!Jaipur Udyog Ltd. Vs. Commercial Taxes Officer
Court: Rajasthan
Decided on: May-11-1979
Reported in: [1979]44STC456(Raj)
Dwarka Prasad, J.1. The petitioner, M/s. Jaipur Udyog Ltd. (hereinafter referred to as 'the company'), is carrying on business of manufacture and sale of cement, having its registered office at Sawai Madhopur in the State of Rajasthan. The company was registered as a dealer under the Rajasthan Sales Tax Act in respect of the assessment year 1955-56, relating to the period from 1st April, 1955, to 31st March, 1956. The company was assessed to tax and the Sales Tax Officer, Sawai Madhopur (hereinafter called 'the assessing authority'), by his order dated 23rd February, 1957, held that a sum of Rs. 1,38,76,958-6-0, representing the price of the cement exported by the company outside the State of Rajasthan, should not be included in the taxable turnover of the company. He, therefore, excluded the aforesaid amount from the taxable turnover of the company.2. On 24th February, 1959, the assessing authority issued a notice to the company under Section 12 of the Rajasthan Sales Tax Act, 1954, o...
Tag this Judgment!Ramchod Mal Vs. Nawratanmal and ors.
Court: Rajasthan
Decided on: May-11-1979
Reported in: 1979WLN489
S.K. Mal Lodha, J.1. This rule was issued at the instance of defendant No.2 Ranchhodmal. The plaintiff-non-petitioner No. 1 (landlord) instituted a suit for arrears of rent and ejectment in respect of a shop, against the petitioner and non-petitioners Nos. 2 and 3, who are defendants Nos. 1 ad 3 in the trial court, on November 29, 1976. The rate of the rent, as stated by the plaintiff is Rs. 55/- per month. According to the plaintiff, rent was due from the defendants from Kartik sudi 1, Smt. 2029 to Jeth vadi 15 (amavasiya) Smt. 2033. i.e. for 44 months (inclusive of Idak month) amounting to Rs. 2420/-. Towards that, it is stated that on June 25, 1976 a cheque for Rs. 1320/- was given to the plaintiff by the defendants leaving 1100/- as due. In the written statement, it was pleaded by the defendants that they had deposited Rs. 1029.66 in the plaintiffs account towards the electricity charges. It was contended that no amount of rent is outstanding against them.2. An application was move...
Tag this Judgment!Kalyanji Patel Vs. Motilal
Court: Rajasthan
Decided on: May-11-1979
Reported in: 1979WLN(UC)187
S.K. Mal Lodha, J.1. This revision is directed against the order of the learned Munsif City, dated 19-3 79, by which he provisionally determined the amount of rent and interest under Section 13(3) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (for short 'the Act,) and directed the defendant to pay to the plaintiff or deposit it in court within 15 days In S.B. Civil Revision No. 96 of 1979, Ranchhodmal v. Nawratanmal and Ors., decided by me to day, I have held that an appeal lies against the order determining the amount of rent and interest under Section 13.(3) of the Act and the direction made under Section 13 (4) of the Act with regard to its deposit or payment. Under Section 22 (1) of the Act, an appeal lies against the order of the Munsif dated March 19, 1979 to which the appeals ordinarily lie from original orders passed by him. In exercise of its revisional jurisdiction the High Court can call for the record of any case, which has been decided by any court sub...
Tag this Judgment!Poonam Chand Vs. the District Judge and ors.
Court: Rajasthan
Decided on: May-10-1979
Reported in: 1979WLN596
S.C. Agrawal, J.1. In this writ petition filed under Articles 226 and 227 of the Constitution, the petitioner, Shri Poonam Chand has prayed for the issue of an appropriate writ quashing the order dated 19th April, 1978 passed by Hon'ble Shri Justice K.D. Sharma as the Administrative Judge, and the order dated 22nd April, 1978 passed by the District Judge Jodhpur (hereinafter referred to as the District Judge).2. The facts, briefly stated, are as under: The petitioner Poonam Chand and Shri Sheo Dutt Harsh, respondent No. 3 here in are employees in the Ministerial Establishment of the Court of District Judge at jodhpur and the terms and conditions of their service are governed by the Rajasthan Subordinate Civil Courts Ministerial Establishment Rules, 1958 (hereinafter referred to as 'the Rules'). The petitioner joined service as Lower Division Clerk on 1st October, 1947 in the then Chief Court of the former State of Jodhpur He was promoted as Upper Division Clerk on 14th April, 1954 and ...
Tag this Judgment!Municipal Board Vs. Jammu Mal
Court: Rajasthan
Decided on: May-10-1979
Reported in: 1979WLN(UC)134
Kanta Bhatnagar, J.1. The respondent Jammu Mal had filed a suit in the court of Civil Judge, Pali, for the recovery of Rs. 1060/-, by way of compensation, against the appellant Municipal Board, Pali. Respondent No. 2 was the Chairman of that Municipal Board. It was alleged by the plaintiff that his shop was situated at Pali, at the vicinity of 'Ghee-ka jhande'. That in the year 1964, in the month of May, the Municipal Board, Pali excavated the land in front of the shop, in order to construct the road. The excavation was 7-8 feet deep With the result of that excavation, the foundations of the shop of the plaintiff were exposed and the shop was raised to the height of 9-10 feet from the road level With the result, that it became impossible to enter the shop. Despite repeated requests, the Municipal Board did not get the foundations of the shop of the plaintiff repaired That in the year 1965, there was heavy rainfall in Pali, the shop of one Kirat Mal situated on the west of the shop of t...
Tag this Judgment!Dhanraj Vs. Mst. Kishni Devi
Court: Rajasthan
Decided on: May-08-1979
Reported in: 1979WLN(UC)191
M.C. Jain, J.1. The applicant Dhan Raj by the application under Section 482 Criminal Procedure Code, seeks to quash the proceedings under Section 488 Criminal Procedure Code (old) initiated by the respondent Smt. Kishni Devi by he; application dated 8.7. 1963 for maintenance of herself and her two children.2. The facts which are relevant for the decision of this application may be briefly stated as under: On presentation of the application Under Section 488 Criminal Procedure Code (old) notice was ordered to be issued to the present applicant Dhan Raj On 17 10-1968, the non-applicant Smt. Kishni Devi and her counsel Shri Hulash Mal Chopra were not present so the application was dismissed in default. By that date notice was not served on the present applicant. On the next day i.e. on 18-10-1968 an application for restoration was filed by Shri Hulash Mal Chopra stating that he was under the impression that there is no case mentioned in his diary of 17. 10 68 so he could not present himse...
Tag this Judgment!Panney Singh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-07-1979
Reported in: 1980CriLJ339
ORDERM.C. Jain, J.1. The accused persons have moved this application under Section 482 of the Cr. P. C. for quashing the order of the Additional Munsif & Judicial Magistrate 1st Class No. 2, Jodhpur dated 6-11-1978 whereby the learned Magistrate condoned the delay in presentation of the charge-sheet. They have further sought' to quash the entire proceedings against them.2. The material facts relating to the present application are that' on the report of one Dharma Ram, case under Sections 147, 148, 149 and 323 I. P. C. was registered against the accused persons on 19-10-1974 regarding the occurrence alleged to have taken place on that date. The police presented the charge-sheet after the expiry of three years on 15-2-1978. The learned Magistrate on presentation of the charge-sheet registered the case. Accused Umed Singh was present to whom copies of the police papers were supplied. Rest of the accused persons were not present in the court so warrants were ordered to be issued against' ...
Tag this Judgment!Panney Singh and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: May-07-1979
Reported in: 1979WLN377
M.C. Jain, J.1. The accused persons have moved this application under Section 482 of the Code of Criminal Procedure for quashing the order of the Additional Munsif & Judicial Magistrate 1st Class No. 2, Jodhpur dated 6-11-78 whereby the learned Magistrate condoned the delay in presentation of the charge-sheet They have further sought to quash the entire proceedings against them2. The material facts relating to the present application are that on the report of one Dharma Ram, case under Sections 147, 148, 149 & 323 IPC was registered against the accused persons on 19-10-74 regarding the occurrence alleged to have taken place on that date. The police presented the charge-sheet after the expiry of three years on 15-2-78. The learned Magistrate on presentation of the charge-sheet registered the case. Accused timed Singh was present to whom copies of the police papers were supplied. Rest of the accused prisons were not present in the court so warrants were ordered to be issued against them....
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