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Rajasthan Court March 1982 Judgments

Mar 03 1982

Badri NaraIn Tak Vs. Shyam Narain

Court: Rajasthan

Decided on: Mar-03-1982

Reported in: AIR1982Raj287

G.M. Lodha, J.1. This is a civil second appeal against the judgment and decree of the Additional District Judge, Ajmer in civil appeal No. 187 of 1974 confirming the decree for ejectment of the Additional Munsiff, Aimer City (West) Jaipur in Civil Suit No. 400 of 1972.2. The facts of the case as noticed by the first appellate Court are as under:--That the defendant is his tenant rent being Rs. 100 per month. The tenancy commences on 12th day of every month. That a notice terminating the tenancy dated 16-10-72 has been served on the defendant by his refusal to accept it. Thereafter another notice was sent to him by ordinary post and it has been served on the defendant. That the defendant has raised constructions of permanent nature in the suit shop dividing the shop into two. He has, therefore, carried out the constructions without the permission of the plaintiff and has materially altered the premises, which is likely to diminish the value thereof. That the defendant is using the said ...

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Mar 03 1982

Urban Improvement Trust and ors. Vs. Maharana Pratap Smarak Samiti

Court: Rajasthan

Decided on: Mar-03-1982

Reported in: 1982WLN(UC)119

M.B. Sharma, J.1. The above two special appeals under Section 18 of the Rajasthan High Court Ordinance are directed against the order dated July 30, 1971 of a learned Single Judge of this Court under which, the learned Judge allowed the writ petition filed by Maharana Pratap Smarak Samiti, Udaipur (for short, 'the Smarak' Samiti' here in after). The facts relevant for the disposal of the appeals are as follows:2. A body known as Shri Pratap Sabha, Udaipur, was constituted in the year 1941 and was registered in Udaipur under Section 5 of the Societies Registration Act (No. VII of 1941) of the then Mewar State and a certificate of registration (Ex. R2) was issued by the Additional Secretary of the State Council. According to the constitution of the aforesaid body, it was to function through five sub-committees: one of them being 'Maharana Pratap Smarak Samiti'. The Smarak Samiti was assigned the functions of raising a befitting memorial for Maharana Pratap by erecting his statue on the b...

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Mar 03 1982

Mst. Parwati Vs. Bhanwarlal

Court: Rajasthan

Decided on: Mar-03-1982

Reported in: 1982WLN(UC)336

M.B. Sharma, J.1. S.B. Criminal Appeal No. 117/73 and D.B. Criminal Revision arise out of the judgment of the learned Additional Sessions Judge No. 2, Jodhpur, and as such are being disposed of by a common judgment.2. The case of the prosecution, in brief, is that in the intervening night of 13th, 14th June 1959. Mst. Parwati (P.W. 2) was sleeping on the roof of her house alongwith her two daughters. At about 4 a.m. somebody struck blow with a dagger as a result of which she was awakened and notices that accused Bhanwarlal and one Shrikishan were standing by her side. She also saw that accused Bhanwarlal had a dagger in his hand and seeing her awake, accused Bhanwarlal got down from 'chhajja' and ran away todays the lane The other person Shrikishan also tried to run away but when he was on the roof. Smt. Parwati tried to catch him and Shrikishan inflicted knife injuries on her cheek and right hand and ran away. Smt. Parwati went the hospital but she was asked first to go to the police ...

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Mar 02 1982

Bhagwan Singh Vs. the Stale of Rajasthan and ors.

Court: Rajasthan

Decided on: Mar-02-1982

Reported in: 1983CriLJ477; 1982()WLN520

ORDERGuman Mal Lodha, J.1. This is a contempt petition by Bhagwan Singh, whose transfer order was quashed by this Court on 13th March, 1981. The respondents did not comply with that order of this Court, and this contempt petition was filed in Sept., 1981. After the service of the contempt notice, one months' time was taken by the respondents to implement the order of this Court, but, even then it was not complied with.2. Mr. Purohit appears for the respondents and submitted a copy of the order dated 1st Feb., 1982, in compliance with the order of this Court dated 13th March, 1981.3. The reasons given for non-compliance are most unsatisfactory and grossly inadequate. The respondents cannot be allowed to take a plea that since they were taking opinion of the law officers or filing appeal before the Division Bench, therefore, they adopted an attitude of indifference without obtaining any stay order.4. I have already held in Dr. M.R. Goyal v. State of Rajasthan Civil Misc. Contempt Petn. N...

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Mar 01 1982

State of Rajasthan Vs. Dr. J.P. Sharma and ors.

Court: Rajasthan

Decided on: Mar-01-1982

Reported in: 1983CriLJ858; 1982()WLN60

M.B. Sharma, J.1. This is a State appeal against the judgment dated February 8, 1973 passed by Special Judge, for Rajasthan, Jaipur city, in Special Criminal Case No. 19/71 acquitting the accused-respondents of the charges under Sections 120(b), 420, 461 I.P.C. and under Section 5(1)(d) read with Section 5 (2) of the Prevention of Corruption Act, 1947.2. In the year 1964 the accused Dr. J.P. Sharma was posted as Assistant Director, Health Services, Udaipur and accused Nathu Lal was then Personal Assistant to the Principal, Ravindra Nath Medical College, Udaipur. Accused Shyam Sunder Kabra at that time was a partner of M/s. Hansa Medical Hall, Johari Bazar, Jaipur. Under the scheme then in force indents for the purchase of medicines for various Government hospitals vised to be placed by the Assistant Director, Health Services with the sole distributors. The medicines so purchased were cheaper by about 50 per cent than their prevalent market rates. The case of the prosecution is that tak...

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Mar 01 1982

Jagdish Kishore Vs. the State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-01-1982

Reported in: 1982WLN(UC)14

S.C. Agarwal, J.1. Shri Jagdish Kishore, the petitioner in this writ petition was employed as Upper Division Clerk-cum-Reader in the court of Additional District and Sessions Judge, Sri Ganganagar, in the year 1975. He was prosecuted before the Special Judge for Anti-Corruption Cases, Rajasthan, Jaipur and was challaned under Section 161 IPC and Section 5(1) (d) & (2) of the Prevention of Corruption Act. By the judgment of the Special Judge dated December 5, 1977, the petitioner was convicted of the aforesaid offences. The petitioner has filed an appeal S.B. Criminal Appeal No. 2/78 against the aforesaid conviction and the said appeal is still pending before this Court.2. After the aforesaid judgment of the Special Judge, the District and Sessions Judge, Sri Ganganagar passed an order dated March 14, 1978, whereby the petitioner was removed from service for the reason that he had been convicted of the offence under Section 161 IPC and Section 5(1)(d)(2) of the Prevention of Corruption ...

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Mar 01 1982

Brij Mohan Sharma Vs. the State of Rajasthan and anr.

Court: Rajasthan

Decided on: Mar-01-1982

Reported in: 1982WLN(UC)181

S.C. Agarwal, J.1. In this writ petition filed under Article 226 of the Constitution of India the petitioner has prayed that an appropriate writ order or direction may be issued to quash the orders (Exhibits 4 and 5) dated August 23, 1971 and October 12, 1971, passed by the Principal, R.N.T. Medical College and Controller Associated Group of Hospitals, Udaipur (respondent No. 2 here in after).2. By order dated June 19, 1963, the petitioner was appointed on the post of Modeller in the Grade of Rs. 115-335. The aforesaid appointment of the petitioner was made on the basis of selection through the Director of Public Relations, Rajasthah, Jaipur. In pursuance of the aforesaid order the petitioner joined as Modeller on September 23, 1963. By order dated September 23, 1964, the petitioner was promoted as Artist in the Grade of Rs. 170-385. The aforesaid promotion was made on temporary basis for a period or six months or till a candidate selected by Rajasthan Public Service Commission was mad...

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