Rajasthan Court February 1983 Judgments
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Brij Mohan Lal Bhargava Vs. Smt. Lila Bai and anr.
Court: Rajasthan
Decided on: Feb-25-1983
Reported in: AIR1984Raj45; 1983()WLN248
ORDERDwarka Prasad, J. 1. These two revision petitions raise identical questions and arisein similar circumstances and as such they are disposed of by a common order. 2. The petitioner Brij Mohan Lal is alleged to be the previous owner of the properties in dispute, which he is said to have sold in one case to Smt. Lila Bai and in another case to Mohandas, by means of registered sale deeds. The purchasers filed suits for ejectment and for recovery of arrears of rent against Lak-hunal and Ramjan Khan, who are the tenants in the premises which have been purchased by Lila Bai and Mohandas respectively. In the two suits filed for recovery of arrears of rent and for ejectment by the aforesaid purchasers against the tenants, Brij Mohanlal filed applications under Order 1, Rule 10 C. P. C. for being impleaded as a party defendant. His case is that the sales, said to have been made by him in favour of Smt. Lila Bai and Mohandas, were benami transactions and were made without consideration and w...
Ram Gopal Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-25-1983
Reported in: 1983WLN85
S.N. Bhargava, J.1. This is a second bail application under Section 438 of the Code of Criminal Procedure, 1973. The earlier bail application was rejected by this Court on 281-1983. FIR No. 416/82, under Sections 147, 148, 149, 323 and (sic)08, IPC was registered at the Police Station, Baran by one Shri Prahlad Dhakad. It was alleged therein that when he was talking with, Shiv Narain and others at Pratap Chowk, accused-petitioner along with Nathu Lal, Ram Kumar, Deen Dayal and Dhan Raj came there and Deep Dayal caught hold of Govari Lal and Dhan Raj caught hold of Hari Ram and thereafter Nathulal inflicted on the right side of the head of Gavarilal whereas Ram Gopal inflicted a blow on his left of the back. Accused Ram Kumar wanted to hit on his bead by the chair. Ram Gopal inflicted a blow by a fist on hose of Govarilal which slatted bleeding and there was swelling. The injury report shows that Gopal received injuries by a blunt object and was described as under:Contusion swelling aro...
Prahlad Prasad and anr. Vs. the Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Feb-25-1983
Reported in: 1983WLN52
N.M. Kasliwal, J.1. In both the above writ petitions an identical question of law has been raised as such the same are disposed of by one single order. In both the above writ petitions the petitionsers have prayed that Section 47 (I-R) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') be declared us ultra vires and violave of Articles 14 and 19 of the Constitution of India and the respondents be refrained from giving effect to & implement the said provisions of the Act.2. The petitioners are holders of non-temporary state carriage permit on different inter State routes. A challenge has been made to the provisions of Section 47(I-N) of the Act which reads as under:Section 47(I-N) - Notwithstanding anything contained in this section, an application for stage carriage permit from a State Transport Under-taking for operating in any inter-State route shall be given preference over all other applications:Provided that the authority shall not grant a permit under this sub...
Prabhu S/O Ghasi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Feb-24-1983
Reported in: 1983WLN158
K.D. Sharma, J.1. The petitioner, Praphu, by name has invoked inherent jurisdiction of this court by way of an application Under Section 482 Cr.P.C. for quashing the order of the learned Munsiff and Judicial Magistrate, Tonk dated 21.8.1982, whereby, the application of the petitioner Under Section 167 Cr.P.C. was dismissed and the criminal proceedings against the petitioner subsequent to the expiry of the period of six months, were ordered continue.2. The relevant facts giving rise to this application Under Section 482 Cr.P.C., may be briefly, stated as follows : On 17.2.1981, Shri Ramanand Sukla, C.I. (Excise), Tonk searched the residential house of the petitioner & recovered half bottle of illicit liquor from his room. The petitioner was arrested the very day & was bailed out later on, on the next day by the Chief Judicial Magistrate, Tonk. The Police however, could not complete the investigation within the period of six months from the date on which the petitioner was arrested, for ...
Rajasthan State Agricultural Marketing Board, Jaipur Vs. Smt. Gurdeep ...
Court: Rajasthan
Decided on: Feb-21-1983
Reported in: AIR1984Raj67; 1983()WLN214
Dwarka Prasad, J. 1. The argument of the learned Government Advocate is that in a composite suit where the eviction of the tenant is sought on other grounds contained in Section 13 (1) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as 'the Act'), besides the ground of non-payment of rent for a period of more than 6 months, the provisions of Sub-sections (3), (4) and (5) of Section 13 should not be strictly construed. Learned counsel placed reliance on the observations of a learned single Judge of this Court in Siya Saran v. Sagar Mal Modi, 1982 Rajasthan LR 304 in support of his submission. Sub-section (3) of Section 13 begins with the clause.'In a suit for eviction on the ground set forth in Clause (a) of Sub-section (1), within or without any of the other ground referred to in that sub-section'.(Emphasis mine) The aforesaid provision clearly establishes that Sub-sections (3), (4) and (5) are applicable not only to suits for eviction based ...
State of Rajasthan Vs. Gopal Krishan
Court: Rajasthan
Decided on: Feb-21-1983
Reported in: 1984CriLJ311; 1983()WLN209; 1983()WLN69
Kanta Bhatnagar, J.1. The State of Rajasthan has filed this appeal against the judgment dated January 17, 1977 passed by the Chief Judicial Magistrate, Bhilwara by which the respondent Gopal Krishan was acquitted of the charge under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter to be referred as 'the Act').2. On May 30, 1974 Food Inspector, Bhilwara went to the shop of Firm Kai-lash Chandra Gopal Krishan situate in Sadar Bazar, Bhilwara and purchased from him 375 Gm. of Til Oil. The Inspector divided that oil in three parts and poured the same in three clean bottles and sealed them and prepared the memo. One of the sample was sent to the Public Health Laboratory, Ajmer for Analysis. As per report of the Public Analyst Public Health Laboratory, Ajmer Ex. P. 6 the Til Oil was found to be adulterated as it did not conform to the prescribed standard of purity. Complaint against the respondent Gopal Krishan was filed in the Court. On his plea being r...
Jodhpur Sahakari Upbhokta Wholesale Bhandar Ltd. Vs. the Regional Prov ...
Court: Rajasthan
Decided on: Feb-21-1983
Reported in: 1983WLN(UC)190
S.C. Agarwal, J.1. In this writ petition filed under Article 226 of the Constitution of India, the petitioner M/s. Jodhpur Sahakari Upbhokta Wholesals Bhanndar Ltd, Jodhpur (hereinafter referred to as the Sahakari Bhandar ) has challenged the order ( Ex. 7 ) dated 17th September 1981 passed by the Regional Provident Fund Commissioner, Rajasthan, (hereinafter referred to as 'the Commissioner's) and the order (Ex. 12) dated 3rd April, 1982 passed by the Accounts Offficer in the office of the Commissioner By order dated 17th September, 1981, a sum of Rs 15,703/- has been imposed as damages on the Sahakari Bhandar under Section 14B of the Employees Provident Fund and Misc. Provisions Act, 1952 (hereinafter referred to as 'the Act') on account of delayed payment of the provident fund contributions, family pension contributions and administrative charges. By order dated 3rd April, 1982, the request made by the counsel for the Sahakari Bhandar for setting aside the the order dated 17th Septem...
Udairam and ors. Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Feb-21-1983
Reported in: 1983WLN(UC)155
S.C. Agrawal, J.1. Both these petitions have been filed by the petitioners Udai Ram, Krishna Ram and Mst. Birdli in the following circumstances On 9 th January, 1980, Smt. Kesar, wife of petitioner Udai Ram, (hereinafter referred to as 'the Complainant) lodged a report at police out post Sankhu against the petitioner in these petitions and two other persons, namely, Naurang Ram, the father of petitioners Udai Ram and Krishna Ram and Smt. Birdali the mother of the said petitioners. In the said report, it was stated that the aforesaid five accused persons mentioned in the report caught hold of the complainant and that petitioner Udai Ram sprinkled kerosene on the clothes of the complainant and set the same on fire and that she raised an alarm where upon a number of persons from the neighbourhood arrived and the fire was extinguished and she was saved. On the basis of the aforesaid report, a case under Sections 356, 352 and 307/114 I.P.C was registered against the accused persons at P.S. ...
Smt. Pushpa Kumari Vs. Arjun Kumar
Court: Rajasthan
Decided on: Feb-18-1983
Reported in: 1983WLN(UC)37
S.C. Agrawal, J. 1. The appeal has been filed by the wife against the decree for judicial separation passed in favour of the husband.2. The parties were married at Bhiwani on 16th January, 1974. On 29th May, 1976, the respondent filed a petition in the court of District Judge, Udaipur under Section 10 of the Hindu Marriage Act, 1955 (hereinafter ref'rred to as 'the Act') for a decree for judicial separation. In the said petition, it was alleged that soon after the marriage, the appellant came to live with the respondent at his parental house in Kherwada and stayed for about 4 years and that from very first day, she started behaving in a cruel and improper manner with the respondent and that she also misbehaved with the parents of the respondent. The appellant came back to Kherwada in August, 1974 and this time she made a false and malicious accusation against the respondent that he was having illicit relations with the wife of his elder brother. She also used to abuse the parents of th...
ibrahim Khan Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Feb-18-1983
Reported in: 1983WLN56
G.M. Lodha, J.1. Astrology of blind the petitioner, the respondent and a Court of law.2. A God cursed blind citizen is the petitioner before the court of law, which again is supposed to do justice, with Godess of justice again being blind. The relief claimed in this writ petition is again rotating in a blind Sane because the State has chosen to remain blind and not to respond by giving reply or relief to a blind citizen, even though about 3 years have passed since the petitioner knocked the doors of the temple of justice. The tell tale of woe and suffering of the petitioner would have created compassion and sympathy in any one's heart but inspite of tall claim of giving relief to handicapped and enactment of the Rules in 1976 for reservation to the physically handicapped people of Rajasthan, the State has not chosen to examine the writ petition a copy of which was sent to the State by this Court with notice and to take some steps to make the Rules 1976, a reality rather than a mirage.3...
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