Rajasthan Court May 1983 Judgments
Gopal Singh Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-12-1983
Reported in: AIR1984Raj174; 1983()WLN375
ORDERDwarka Prasad, J. 1. This writ petition has been filed against the order passed by the Board of Revenue for Rajasthan at Aimer dated Aug. 18, 1972 in a matter relating to the determination at surplus land under the Ceiling Law.2. Gopalsingh petitioner was formerly the Jagirdar of the Jagir Amli Kalusingh in Bhilwara District of the State of Rajasthan which was resumed on August 23, 1954. The Sub-Divisional Officer. Shahpura initiated proceedings under Chapter III-B of the Rajasthan Tenancy Act, 1955 for determination, of the extent of ceiling area which could be lawfully continued to be held by Gooalsingh and his family members. The Sub-Divisional Officer, by his order dated Sentember 2, 1971 held that Gopalsingh had in Ms possession 97 standard acres of land in excess of the ceiling limit and directed that the excess land be resumed. An appeal preferred by the petitioner before the Revenue Appellate Authority. Udaipur was dismissed on Feb. 2, 1972. The petitioner preferred a revi...
Tag this Judgment!State of Rajasthan Vs. Ram Dayal
Court: Rajasthan
Decided on: May-10-1983
Reported in: 1984CriLJ1224
B.C. Agrawal, J.1. This appeal has been filed by the State against the judgment dated 25th April, 1973 passed by the Sessions Judge, Jodhpur in Criminal Appeal No. 110/72. By his judgment aforesaid, the Sessions Judge allowed the appeal filed by Ramdayal respondent against the judgment dated 10th November, 1972 passed by the Municipal Magistrate 1st Class, Jodhpur convicting the said respondent of the offence under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') and sentencing him to simple imprisonment for a period of nine months and to pay a fine of Rs. 1200/- and in the event of non-payment of fine to undergo rigorous imprisonment for a period of three months. The Sessions Judge, while setting aside the conviction and sentence imposed on the respondent, quashed the proceedings and discharged the respondent.2. The facts, briefly stated, are that the respondent was a vendor of 'Kulfi' (milk ice cream) in a hand, cart. The licence for sale...
Tag this Judgment!Malsingh and anr. Vs. State of Rajasthan
Court: Rajasthan
Decided on: May-10-1983
Reported in: 1983CriLJ1411; 1983()WLN268
M.C. Jain, J.1. The learned Sessions Judge. Sri Ganganagar by his judgment dated March 12. 1976 convicted the appellants Malsingh and Bharatsingh of the offence under Section 302, IPC and sentenced them to imprisonment for life. He, however, acquitted the accused appellants of the charges under Sections 302/34 and 201, IPC.2. The prosecution case, in brief, is that the deceased Surjeetsingh (30) with his wife Smt. Pal Kaur (P W, 4) was living separately from his father Gittan Singh (P. W. 1). Gittatnsingh (P. W. 1) was living with his wife Smt Balbirkaur (P. W. 5) and his three sons; namely, Darshansingh, Tejsingh and Baldevsingh. The house of surjeetsingh was at a distance of about 20-25' ft. from the house of Gittansingh facing each other. The accused-appellants Malsingh and Bharatsingh were living in the same village 11 NP.. for the last about 4 years. The land of the accused Bharat Singh and the deceased Surjeetsingh was situated in the same Murbba in 11 NP adjoining to each other ...
Tag this Judgment!Gauri Shanker Vs. Madan Mohan and ors.
Court: Rajasthan
Decided on: May-10-1983
Reported in: 1983WLN419
Dwarka Prasad Gupta, J.1. This appeal arises out of a suit for pre-emption of a house property situated in the city of Udaipur. Raghunath had two sons Surajmal and Gaurishanker. Surajmal was the elder son from his first wife, while Gaurishanker was the younger one from his second wife Smt. Bhanwaribai. Surajmal executed an agreement to sell the house in dispute in favour of defendant Madanmohan for a sum of Rs. 18,000/- on December 14, 1968. As Surajmal did not execute a sale deed in pursuance of the aforesaid agreement to sell, Madanmohan brought a suit for specific performance of the contract against Surajmal, which was decreed by the court of Senior Civil Judge, Udaipur. Surajmal died during the pendency of that suit and in consequence of the decree for specific performance passed in the suit filed by Madanmohan, a sale-deed was executed by the Senior Civil Judge, Udaipur, in favour of Madanmohan on October 26, 1970. Gaurishanker thereupon filed a suit for pre-emption on May 18, 197...
Tag this Judgment!Sanwat Singh and 13 ors. Vs. the Board of Revenue and ors.
Court: Rajasthan
Decided on: May-09-1983
Reported in: 1983WLN(UC)252
Dwarka Prasad Gupta, J.1. These 14 writ petitions involve common questions of fact and law and as such it would be proper to dispose them of by a common order.2. In all the 14 writ petitions, the salient features which are not in dispute are that on the resumption of Jagir lands Under Section 14 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (here in after referred to as 'the Act') some of the ex-jagirdars were allotted Khudkasht lands in the commanded area of the Bhakra Project on concessional terms and conditions. Rule 15(2) of the Rajasthan Land Reforms and Resumption of Jagirs, Rules, 1954 provides that a Jagirdar, to whom land commanded by the Bhakra, Chambal or Jawai projects is allotted, should be entitled to concessions specified therein and 25 bighas of irrigated lard constituting one Murrabba may be allotted to the ex-jagirdar at a fixed price to be realised free of interest in 10 annual instalments, commencing two years after the date of allotment. Special ...
Tag this Judgment!Kewal Chand Nai Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: May-04-1983
Reported in: AIR1983Raj252
ORDERN.M. Kasliwal, J.1. This writ petition under Article 226 of the Constitution of India has been filed, challenging the order dt. 8th April, 1983, passed by Avar Sachiv (Janch) Gramin Vikas Evam Panchayati Raj Department, Rajasthan Jaipur, suspending the petitioner from the post of Sarpanch, Gram Panchayat Memasar, Panchayat Samiti Sri Dungargarh, District Churu. The petitioner was elected Sarpanch of the above-mentioned Panchayat on 10th December, 1981.2. The case of the petitioner is that on a complaint filed by one Dana Ram Choudhary, a challan has been filed against the petitioner on 11th March, 1982. under Sections 467, 471, and 408 IPC in the Court of Chief Judicial Magistrate, Churu. In view of the aforesaid criminal proceedings lodged against the petitioner, the State Government has suspended the petitioner under Section 17 (4A) of the Rajasthan Panchayat Act, 1953 (hereinafter referred to as 'the Act'). The short controversy raised by the petitioner in this writ petition is...
Tag this Judgment!The State of Rajasthan Vs. Nihal Khan
Court: Rajasthan
Decided on: May-02-1983
Reported in: 1983WLN(UC)72
S.C. Agrawal, J.1. This appeal has been filed by the State against the judgment dated 21st March, 1973 passed by the Sessions Judge, Jodhpur whereby the appeal filed by the respondent, Nihal Khan, against the judgment of the Munisf Magistrate, District Jodhpur was allowed and the respondent was acquitted of the offence under Section 411 IPC.2. The case of the prosecution is that on the night of 28th November, 1970, a theft was committed in the house of Mag Singh (PW.1) at village Beth Wasiyan and various silver ornaments were stolen. A report about this incident was lodged by Mag Singh at Police Station Osian on 30th November, 1970 at 3 P.M. & on the basis of the said report, a case under Sections 454 and 380 IPC was registered and investigation was commenced. In the report aforesaid, the informant Mag Singh stated that the respondent was the person who had committed the theft. The respondeat was arrested on 28th January, 1971 vide Memo of arrest (Ex. P-5) and after his arrest, he gave...
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