Rajasthan Court January 1984 Judgments
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Kanhaiya Lal Vs. Hari Krishan
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN(UC)45
K.S. Lodha, J.1. I have heard learned Counsel for the parties.2. This revision is directed against an order of the learned Additional Civil Judge, Jodhpur dated 26.10.83 by which he refused to examine the plaintiff under Order 10 Rule, 2 CPC.3. A preliminary objection has been raised by the learned Counsel for the non-petitioner that this revision is not maintainable because no case can be said to have been decided by the order under revision nor the petitioner defendant tenant would suffer any irreparabale injury and, therefore, the case does not fall within the four corners of Section 115 CPC. In my opinion this preliminary objection deserves to be accepted. No case can be said to have been decided by the order passed by the learned Additional Civil Judge. No rights or liabilities or any part thereof, of any of the parties to the suit have been decided by this order. The contention of the learned Counsel for the petitioner is that the suit is for ejectment based on default amongst ot...
Ram Chandra Rathi Vs. Sunil Khosla, Jj.
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN(UC)104
S.S. Byas, J.1. Accused Ram Chandra has filed this revision petition against an order of the learned Judicial Magistrate (1), Jaipur District, jaipur dated July 20, 1982 by which cognizance of offences under Sections 6 and 420 IPC was taken and he was summoned to face trial thereunder.2. Complainant Sunil Khosla, Plant Manager, Indian Fibres Limited, jaipur submitted a complaint in the Court below against the accused for Fence punishable under Sections 406 and 420, IPC. Briefly stated, the legations made therein are that in pursuance to agreement made between 8 parties, the accused sent two wagons of Guar Splits to the complainant in January 1982 and sent the bills and other documents amounting to Rs. 2,90,429 06 p. through bank. The complainant made the payment of e aforesaid amount through bank together with other charges and took e delivery of the two wagons of Guar Splits When the complaint checked the goods, they did not conform to the quality settled between the, parties. The com...
ishar Nath Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN(UC)68
S.S. Byas, J.1. By this petition under Section 482, Cr. PC the petitioner, who was a complainant in the Court below, prays for quashing the order of the learned Munsif & Judicial Magistrate, Nokfaa dated 19-7-83 passed under Section 451, Cr. PC. whereby he directed the delivery of tractor to the accused non-petitioner Bhera Ram.2. Petitioner Isharnath had purchased tractor No. R.J.R. 5754 from Bhanwara Ram in the month of December, 1977. The registration of the, tractor was also made in his favour by the State Transport Department. He also paid the Road tax and the Insurance amount of the tractor. On 10-7-83 while he was driving the said tractor in a field at village Sarunda, accused non-petitioner Bhera Ram accompanied with five others came to him, used violence and forcibly took away the tractor from him. He immediately lodged a report of the occurrence at Police Station Nokha. The police registered a case and proceeded with investigation. During investigation, the police seized the ...
Nathu Mal Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN(UC)72
S.S. Byas, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the re-determination of his seniority.2. Briefly stated, the case put forward by the petitioner is that he was initially recruited as Tube Cleaner in Jodhpur Division of Northern Railway on 11-2-1958. Promotions were allowed to him from time to time and lastly he was promoted as Diesel Assistant, which post he is holding at present. His seniority was in between Pancha Ram and Lala Ram later on, in 1980, the seniority list was revised and he was put at serial number 66 as mentioned in seniority list annexed with letter dated. 27-9-80. The petitioner filled representation before the concerned Authority on 26-10-80 but it was not taken into consideration and another seniority list Ex. 2 was published on 10-6-81, in which the petitioner was assigned serial number 64. The petitioner again submitted a representation which was rejected by the concerned Authority. In pursuance to...
Dali Chand and anr. Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN41
S.S. Byas, J.1. Since these two appeals, one by accused Dali Chand and the other by the State, arise out of one and the same judgment of the learned Sessions Judge, Pratapgarh, they were heard together and are disposed of by a common judgment.2. The Police, Nimbhera submitted a challan against as many as 41 persons in the court of Munsif and Judicial Magistrate for offence punishable under various Sections of the Penal Code. The case was committed for trial to the Court of Sessions. The learned Sessions Judge framed charges Under Section 148, 366, 460, 323, 325, 326, 307 and 302 IPC and also in alternative read with section 149 against all of. them, to which they pleaded not guilty and faced the trial.3. In the nut-shell, the case set up by the prosecution in the course of trial was that PW 16 Smt Mangi was married to accused Dalichand. The relations between them were not happy. He deserted her and brought another wife. Smt. Mangi started living with her parents in village Griyawas. A ...
Kishan Lal Vs. Deo Prasad and ors.
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN18
K.S. Lodha, J.1. This is a revision filed by Kishan Lal one of the judgment debtors against Desprased & others decree-holders and it arises out of the order of the learned Civil Judge, Nagpur camp Merta dated 7-10-1982 by which the judgment debtors' objections against the execution of the decree for ejectment have been dismissed. The other judgment debtors who had not joined Kishan Lal in filing the revision have been impleaded as non-petitioners No. 4 to 7.2. The facts giving rise to this revision briefly seated are that the present non-petitioners Nos. 1 to 3 and their father Jainarain, who is since deceased, filed a suit for ejectment against the petitioner Kishan Lai and the non-petitioners Nos. 4 to 7 in respect of five shops and a residential accommodation situated over the shops. The ejectment was sought on grounds of default, personal necessity, sub letting as also material alterations having been male by the tenants in the suit premises without the consent of the landlord. Aft...
Gopal Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN372
S.C. Agarwal, J.1. Gopal Singh has filed this appeal against his conviction for the offences under Sections 302 and 380, IPC and the sentence imposed on him for the said offences on him by the learned Session; Judge, Aimer by her judgment dated 21st November, 1974, in Sessions Case No. 18 of 1974.2. In the Sessions Case aforesaid, the appellant and one Bhag Chand were prosecuted in connection with the murder of one R. P. Pillai. The accused-appellant was tried for the offences under Sections 302, 380 and 201, IPC and, Bhag Chand was tried for offences under Sections 302 and 201, IPC. The learned Sessions Judge acquitted accused Bhag Chand of all the offences and acquitted the appellant of the offence under Section 201, IPC, but convicted him of the offences under Section 302 and 380, IPC. 'The appellant has been sentenced to imprisonment for life under Section 302, IPC and to two year's rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to six month's rigor...
Ram Chandra Rathi Vs. Sunil Khosla
Court: Rajasthan
Decided on: Jan-02-1984
Reported in: 1984WLN369
S.S. Byas, J.1. Accused Ram Chandra has filed this revision petition against an order of the learned Judicial Magistrate (1), Jaipur District, Jaipur dated July 20, 1982 by which cognizance of offences under Sections 406 and IPC was taken and he was summoned to face trial there under.2. Complainant Sunil Khosla, Plant Manager, Indian Fibres Limited Jaipur submitted a complaint in the Court below against the accused for offences punishable under Section 406 and 420, IPC. Briefly stated, the allegations made therein are that in pursuance to agreement made between the parties, the accused sent two wagons of Guar Splits to the complainant in January 1982 and sent the bills and other documents amounting to Rs. 2,90,429.06 p. through bank. The complainant made the payment of the aforesaid amount through bank together with other charges and took the delivery of the two wagons of Guar Splits. when the complainant checked the goods, they did not conform to the quality settled between the partie...
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