Rajasthan Court March 1983 Judgments
Maheshwari Samaj Vs. Mohansingh
Court: Rajasthan
Decided on: Mar-31-1983
Reported in: 1983WLN661
D.P. Gupta, J.1. The common question of law which arises for consideration in these four appeals is that if premises are required for use of persons belonging to a particular community of a particular place, can such a use be termed as philanthropic As this question arises in all these four appeals, they shall be disposed of by a common order.2. Maheshwari Samaj of Jodhpur owns a huge property known as 'Maheshwarion-ki-Bagechi' in front of Jaswant College campus at Jodhpur. At present there are several small apartments in that building, four of which are on rent with the respondents as tenants thereof. In the year 1969, Maheshwari Samaj, Jodhpur filed four suits for eviction and for recovery of arrears of rent against tenant respondents, on the ground that the landlord bonafide and reasonably required the premises in dispute for philanthropic purpose, namely, for converting the entire building into a hostel for students belonging to the Maheshwari community, who come to Jodhpur for rec...
Tag this Judgment!Yashwant Raj Vs. Mohan Lal and ors.
Court: Rajasthan
Decided on: Mar-30-1983
Reported in: I(1985)ACC342; AIR1984Raj144
Dwarka Prasad, J.1. Yaswant Rai was go-ing on a Motor-cycle from the Rich Court at Jodhpur towards Sojati Gate on May 29, 1968 at about 10.30 A. M. and Ghewarchand was sitting behind him. As the Motor-cycle of Yeswant Raj was going on the main road towards Sojati Gate, truck No. RJQ 1688 driven by Vijaysingh struck against the motorcycle of Yaswant Raj from behind. As a result of the aforesaid collision Yaswant Raj and Ghewarchand were thrown off from the motor-cycle and lay unconscious at some distance, while the motor cycle itself was run over by the truck and was smashed. Yashwantrai and Ghewarchand were immediately taken in an Ambulance to Mahatma Gandhi Hospital and the condition of Yeshwantrai continued to be serious for a number of days. Yeshwantrai received six injuries as a result of the accident, including an abrasion 9 cm. x 1 cm. on the forehead on the left-side, iust above the eye-brow. On medical examination, it was found that he was semi-conscious and mental irritation w...
Tag this Judgment!Mohansingh and ors. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-25-1983
Reported in: 1983WLN(UC)228
M.C. Jain,J.1. The above two appeals arise out of the judgment dated January 7, 1977 of the learned Sessions judge, Bhilwara where by the appellant Mohansingh in Appeal No. 30 of 1977 and the accused Saniya in Appeal No. 71 of 1977 were convicted of the offences Under Sections 148 and 302, IPC and the appsllants Najariya, Bhagwaniya, Kaniya, Manohariya and Baliya were convicted of the offences Under Sections 147 and 302/149, IPC Under Section 148, IPC the appellants Mohansingh and Saniya have been awarded 2 years' rigorous imprisoment each and Under Section 302, IPC imprisonment for life. The other appellants in Appeal No.71 of 1977 were awarded 1 year's rigorous imprisonment for the offence Under Section 147 and imprisonment for life Under Section 302/149, IPC. The other two accused-appellants namely, Heeriya and Rodiya were acquitted of the offences Under Sections 147 and 302/149, IPC.2. The prosecution case as unfolded during the trial, in brief, is that on 26.12.1975 at about 7 or ...
Tag this Judgment!Narendra Kumar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-24-1983
Reported in: AIR1984Raj29; 1983()WLN217
Alyan Dutta Sharma, C.J. 1. This is a special appeal filed by Narendra Kumar Somani under Section 18 of the Rajasthan High Court Ordinance against the judgment of the learned single Judge of this Court dt. May 5, 1982, by which the writ petition of the appellant was dismissed on the basis of the judgment dt. April 9, 1982, given in S. B. Civil Writ Petitions Nos. 7 of 1982 and 80 of 1982 : (AIR 1983 NOC 220) (Rai).2. The relevant facts giving rise to the writ petition, out of which this appeal arises, may be briefly stated as follows:--Shri Sampat Singh, respondent No. 2 was elected Pradhan, Panchavat Samiti, Shahpura. District Bhilwara, on Dec. 26, 1981. The votes were polled on Dec. 26,1981 and the result was announced the very day while the nomination papers were filed on Dec. 25. 1981. Respondent No. 2 was convicted of the offence punishable under Section 406. I.P.C. and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000, in default of payment of...
Tag this Judgment!Smt. Chandra Kanwar and anr. Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Mar-24-1983
Reported in: 1983WLN(UC)125
K.D. Sharma, C. J.1. This is an amended writ petition filed by Smt. Chandra Kanwar and Thakur Padamsingh under Articles 226 and 227 of the Constitution of India against the judgments of the Board of Revenue, Rajasthan, Ajmer, dated 1-2-1974 and 5-10-1974 by which the order of the Revenue Appellate Authority, Bikaner, dated 30-6-1971 was set aside and it was directed that the land belonging to Smt. Chandra Kanwar and Thakur Padamsingh (husband and wife) be clubbed together for the purposes of determination of Ceiling.2. The relevant facts giving rise to this writ petition may be briefly stated as follows--Thakur Padam Singh is an Ex-Jagirdar of Karma was District Pali. Long before resumption of his Jagir, he gifted away three wells and agricultural lands attached there to measuring about 250 bighas to his wife Smt. Chandra Kanwar for maintenance vide Registered Gift Deed. Since then Smt. Chandra Kanwar has been in continuous possession of the gifted property and is enjoying the usufruct...
Tag this Judgment!The Union of India (Uoi) and anr. Vs. Karansingh and ors.
Court: Rajasthan
Decided on: Mar-22-1983
Reported in: 1983WLN(UC)119
Kanta Bhatnagar, J.1. These three special appeals under Section 18 of the Rajasthan High Court Ordinance, 1949 have been preferred against the common order passed by the learned Single Judge of this Court on November 8, 1982. deciding the three writ petitions filed by the three respondents in these three special appeals.2. The learned Single Judge by the aforesaid order quashed the impugned order (Ex. 1 in the writ petition filed by Karan Singh and Ex. 2 in the writ petitiona filed by Deva Ram and Lekh Raj) passed by the Divisional Personnel Officer, Northern Railway. Jodhpur, in the month of March, 1981, Respondent Karan Singh was employed as Driver Grade 'C' and Lekh Raj and Dewa Ram were employed as shunters. All the three were posted in the Loco Running Shed Jodhpur. Certain employees in the Loco Running Shed of Jodhpur Division of the Northern Railway Commence an agitation in the last week of January and first week of February, 1981 with a view to press the demands with regard to ...
Tag this Judgment!Sedu Ram Yadav S/O Gyarsi Lal Yadav Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-22-1983
Reported in: 1983WLN151
S.N. Bhargava, J.1. The petitioner is a teacher working in jurisdiction of Panchayat Samiti, Neem-ka-thana and he also claims to be an active member of the Rajasthan Sikshak Sangh. He was transferred by Order No. 2438 dated 4/9/1982, butr the same was cancelled by the State of Rajasthan by its order dated 5/10/1982 (Annx. 1). A copy of the said order was also endorsed to thbe Private Secretary to the Minister in view of Minister's order dated 27/9/1982. The petitioner was again transferred from Jaitpura to Dalpura vide order dated 6/1/1983, but the order was not implemented till 2/2/1983 and, therefore, a reminder was issued by the Deputy Development Commissioner (Adm-III) on 31/1/1983 (Annx 2) for mplementing the transfer order dated 6/1/1983. In pursuance of the said transfer order dated 6/1/1983. In pursuance of the said transfer order dated 6/1/1983 and the reminder dated 31/1/1983, the petitioner joined at new place of posting an order was again issued on 2/2/1983 (Annx. 3). The D...
Tag this Judgment!Ratan Singh Vs. Munsiff and Judicial Magistrate, Dholpur and ors.
Court: Rajasthan
Decided on: Mar-21-1983
Reported in: AIR1984Raj103; 1983()WLN112
ORDERS.N. Bhargava, J.1. This is a writ petition filed by the Sarpanch of Gram Panchavat Koluwa. in district Dholpur. The election for the post Sarpanch were held on 17-12-1981 and the petitioner was declared elected, having obtained 586 votes, whereas respondent Shiv Singh secured 534 votes and respondent Shyam Lal secured 250 votes and 64 votes were rejected. An election petition was filed by Shiv Singh defeated candidate, under Rule 78 of the Rajasthan Pancha-yat & Nyaya Panchayat Election Rules, I960 with the allegations that 78 votes have been unauthorisedly counted, The allegations in the 'petition were that only two ballot boxes were kept and when on initial counting it was found that Shiv Sngh has Hot 534 votes, whereas Ratan Singh has hot 503 votes. Another ballot box containing 78 ballot papers was opened and counted and the result was announced as given above. Some other allegations were also made about defect in counting. The petitioner as well as the Returning Officer file...
Tag this Judgment!Bhan Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-21-1983
Reported in: 1984CriLJ788
ORDERGuman Mal Lodha, J.1. A poor Harijan girl, rather a child of seven years raped by a youth of 19 years in daylight at 3, p. m, in the agricultural field and yet, the accused, Bhansingh, had dared to appeal against the sentence of 5 years rigorous imprisonment after conviction under Section 376, IPC.2. The girl was found unconscious on the spot on account, of the barbarous heinous crime committed by the accused. This ghastly tragedy resulted in a pool of blood on the spot and on the private parts of the helpless child, girl.3. Sri R. S. Purohit, the learned Counsel for the accused Bhansingh, to start with, argued for the reduction of the sentence but when the learned public Prosecutor Shri. K.K. Sharma, pointed out that this Court has issued a notice of the enhancement of sentences at the time of the admission of the appeal, a half hearted effort was made by the learned Counsel for the accused Bhansingh to challenge the conviction, itself, also.4. We have given a thoughtful consider...
Tag this Judgment!Rana and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-18-1983
Reported in: 1983WLN(UC)80
K.D. Sharma C. J.1. This is an appeal filed by Rana and Teja against the judgment of the learned Sessions Judge, Udaipur, dated June 22 1977, by which each of the appellants was convicted under Section 304 part II, read with Section 34, Sections 380 and 323, I.P.C. and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 300/-, in default of payment of fine to further suffer rigorous imprisonment for three months on the first count, on the second count to undergo rigorous imprisonment for one year and on the third count to suffer rigorous imprisonment for six months and to pay a fine of Rs. 200/-, in default of payment of fine to further undergo simple imprisonment for two months. The substantive sentences of rigorous imprisonment awarded to each appellant on all the three counts were, however, ordered to run concurrently. The trial Judge further ordered that out of the amounts of fine, if recovered, a sum of Rs. 200/-, be given to Surta and Bhera witnesse...
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