Rajasthan Court July 1984 Judgments
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Damodar Vs. Smt. Son Dei and ors.
Court: Rajasthan
Decided on: Jul-18-1984
Reported in: AIR1986Raj9
Kasliwal, J. 1. Brief facts leading to this appeal are that Chhotey and Chhidda filed a civil suit under Sections 183 and 188 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act') against Damodar and Samunder Singh for parpetual injunction and eviction in respect of agricultural land Khasra Nos. 1898, 1899/1, 1899/2, and 1958 corresponding to new Khasra Nos. 2017 and 2022 situate at village Bagthar Tehsil-Baseri District Bharatpur (now District Dholpur). The case of the plaintiffs was that they were members of Scheduled Caste and Khatedar tenants of the land in question, while the defendants were not members of Scheduled Caste. It was further alleged that defendant No. 1 Damodar wrongly got entries made in Samvat year 2019 as sub-tenant in whole ofKhasra Nos. 1898 and 1958 and half of Khasra No. 1899/1. The plaintiffs had never given the aforesaid land for cultivation to the defendants and in the alternative, if any land was given on sub-lease, the same was illegal,...
Udai Chand Sharma Vs. the State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-18-1984
Reported in: 1984WLN(UC)171
P.K. Banerjee, J.1. The short question which arises for consideration in this case is that the petitioner was declared surplus and transferred to the Irrigation Division, Bhilwara as per requisition of the Executive Engineer, Irrigation, Bhilwara on February 22, 1968 as Mechanic Grade I from Mahi Project Circle, Banswara in the pay scale of Rs. 170-10-31012.5-385 and his pay was fixed at Rs. 200/- on the date of his transfer in the new office. He continued in the same pay scale all the time. It appears from Annexure 6 that the petitioner was getting the pay at the relevant time in the pay sale of Rs. 170-10-310-12.5-385 which was revised to the scale of Rs. 180-10-2 30-15-385-20-425 and his pay was fixed according to the new scale when he was transferred. It is alleged that thereafter the petitioner was placed in the pay scale of Rs. 130-3 0 thereby causing him reduction in the pay scale vide Annexun-9 to the petition. By Annexure-10 the petitioner's pay was brought down to Rs. 170/- a...
Bhagwan Singh Vs. the State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-18-1984
Reported in: 1984WLN551
M.C. Jain, J.1. By this writ petition, under Article 226 of the Constitution, the petitioner seeks to quash the notice (Ex. 11) dated June 7, 1984 and(Ex 12) dated June 14, 1984.2. The petitioner was intimated that for the month of April, 1984, the short fall was Rs. 5,16,3132.28, and for the month of May, 1984, the short tall was Rs. 5,84,632.00p. The total short fall comes to Rs. 11,00,945.22p, This total short fall was adjusted against the petitioner's amount of security which runs upto Rs. 16,66,671/-. The petitioner was called upon to deposit the amount of short fall by June 22, 1984 failing which his licence would be cancelled and at his risk, second auction would be ordered.3. The petitioner submitted his tender for issuance of licence for Bikaner City group shops which are 12 in number for the sales of country liquor for the years 1984-85 and 1985-86. His tender was approved although the minimum guarantee stated in the list was much less but he was the highest tenderer After ap...
The Rajasthan State Road Transport Corporation Vs. Bardhi and ors.
Court: Rajasthan
Decided on: Jul-18-1984
Reported in: 2(1985)ACC93
S.N. Bhargava, J.1. This is an appeal Under Section 110D of the Motor Vehicles Act against the Motor Accident Claim Tribunal, Bundi allowing compensation amounting to Rs. 19,400/- to the claimants.2. One Kalu son of Deva Bheel died in an accident which took place on 30-9-1969. At the time of the accident, one truck was standing on the main road facing towards Bundi near the crossing from where the side road goes to Sathur from behind the truck when the Jeep pick-up No. RSL 5699 was coming from Bundi side going towards Deoli. The Jeep came at fast speed and accident took place and deceased Kalu died on the spot. The widow of Kalu and other family members of Kalu filed an application Under Section 110-A of the Motor Vehicles Act for compensation amounting to Rs. 67,000/-. It was pleaded that the Jeep, was driven at a fast speed carelessly and negligently. The jeep No. RSL 5699 belonged to the Rajasthan State Road Transport Corporation and the driver at the said Vehicle was also an employ...
Thakur Vikram Singh Vs. Controller of Estate Duty
Court: Rajasthan
Decided on: Jul-17-1984
Reported in: [1985]156ITR723(Raj)
Bhargava, J. 1. This is an application under Section 64(3) of the EstateDuty Act, 1953 (hereinafter referred to as ' the Act '), requesting this court for directing the Income-tax Appellate Tribunal, Jaipur Bench, tostate the case and refer the following questions of law arising out of its order dated May 21, 1980 :' 1. Whether on the proper interpretation and construction of the phrase ' property passing on the death ' under Section 2(16) of the Estate Duty Act, 1953, the property which has not actually been received by the accountable person or anyone else, shall be deemed to be the property passing on the death of the deceased by any fiction of law ? 2. Whether on the proper interpretation of the provisions of the Estate Duty Act, there could be any charge and liability of payment of duty under Section 5 of the Act, on the accountable person in respect of alleged property which has neither been received by him or anyone else and which was not in existence at the time of death of the...
The State of Rajasthan Vs. Ramswaroop and ors.
Court: Rajasthan
Decided on: Jul-17-1984
Reported in: 1984WLN(UC)255
G.K. Sharma, J.1. The State of Rajasthan has preferred this appeal against the judgment dated 20th December, 1974; passed by the Sessions Judge, Alwar, by which, the respondent accused persons have been acquitted ; of the offences under Sections 147, 148, 302, 325 & 149, IPC.2. According to the prosecution, a report was lodged on 7th October, 1973, by one Mamchand, at about 12.30 P.M. at Police Station-Kot-kasim, District-Alwar, to the effect that in village-Hazipur, fields I bearing Khasra Nos. 203 and 208 were owned by real brothers Govinda and Mohan. Both the brothers had equal shares in those lands. One of the brothers, Govinda was fraudulently induced to transfer the land in favour of one of the accused, namely, Kishanlai and possession was also purported to have been given to purchaser. A sale deed was also executed with regard to this property. It is alleged that the lands of both these khasras were in their possession a id they were cultivating it, Under the colour of this purc...
Brij Kumar Bhargava Vs. Rajasthan Housing Board and anr.
Court: Rajasthan
Decided on: Jul-16-1984
Reported in: AIR1985Raj47
ORDERK.S. Sidhu, J.1. This is a writ petition by Brij Kumar Bhargava under Article 226 of the Constitution against the Rajasthan Housing Board (for short, the Board) and Naresh Kumar Sethi, for; (i) a declaration that the non-inclusion of flat No. 4/83, size 140.18 sq. metres, Jawahar Nagar Housing Scheme, Jaipur, in the draw of lots for allotment of corner flats, is illegal, (ii) a writ directing the Board to either allot flat No. 4/83 to the petitioner or in the alternative to redraw the lots for allotment of corner flats and (iii) a direction to the Board to implement the decisions of its Property Allotment Committee.2. Before narrating the facts giving rise to the filing of this writ petition, a brief reference to the relevant provisions of law will be helpful for a correct appreciation of the nature of this controversy. The Legislature enacted the Rajasthan Housing Board Act, 1969 (for short, the Act) to provide for measures to be taken to deal with and satisfy the need of housing...
The Rajasthan State Road Transport Corporation Vs. Smt. Sardhi Widow o ...
Court: Rajasthan
Decided on: Jul-16-1984
Reported in: 1985(1)WLN490
S.N. Bhargava, J.1. This is an appeal Under Section HOD of the Motor Vehicles Act against the Motor Accident Claims Tribunal. Bundi allowing compensation amounting Rs. 19,400/- to the claimants.2. One Kalu son of Deva Bheel died in an accident which took place on 30-9-1969. At the time of the accident, one truck was standing on the main road facing towards Bundi near the crossing from where the side road goes to Sathur from behind the truck when the jeep pick-up No. RSL 5699 was coming from Bundi side going towards Deoli. The jeep came at fast speed and accident took place and deceased Kalu died on the spot. The widow of Kalu and other family members of Kalu filed an application Under Section 110A of the Motor Vehicles Act for compensation amounting to Rs. 67,000/-. It is pleaded that the jeep was driven at a fast speed carelessly and negligently. The jeep No. RSL 5699 belonged to the Rajasthan State Road Transport Corporation & the driver of the said vehicle was also an employee of th...
Shri Ram Agrawal Vs. Union of India (Uoi)
Court: Rajasthan
Decided on: Jul-16-1984
Reported in: 1984WLN(UC)200
P.K. Banerjee, C.J.1. This rule is directed against an order passed by the Central Government on September 10. 1975, through its delegated authority viz, Commissioner-cum Surety to the Government, Department of Rehabilitation, Rajasthan, Jaipur, in a case under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act of 1954.2. The brief facts of the case are that the opposite parties, Asa and Ami Khan, alleged to be the sons of one Suleman are residents of the village Parlika, Tehsil Nohar, Distt. Ganganagar. since prior to the partition of India before 1947. It is a leged further, that Suleman was in possession of Khasra Nos. 4,0 and 411 measuring about 39 bighas and 12 biswas of land at the said village. It is alleged that the area was declared evacuee property on the eve of partition and consequently was allotted in the year 1960 as evacuee property. Subsequently, Asa and Ami Khan' sons of Suleman applied to the Custodian General for the release and restoration of ...
Moda Vs. the State of Rajasthan
Court: Rajasthan
Decided on: Jul-16-1984
Reported in: 1984WLN(UC)172
Kanta Bhatnagar, J.1. Appellant Moda was tried for the offence under Section 302 IPC by the Sessions Judge, Jalore. By the judgment dated November 23, 1983 he was held guilty for the offence under Section 304 Part-II and sentenced to three years R.I. and a line of Rs. 100/-, in default of payment of fine to undergo one month's R.I.2. The material facts of the case leading to the trial and conviction of the appellant are as under - Appellant Moda betrothed his daughter Smt. Bhuri at village-Moda with Rondason of Sona. About a year prior to the incident of the death of his younger daughter Smt. Varju appellant Moda declined to give his daughter Smt. Bhuri in marriage at village Moda It caused annoyance to Sona and others of village Moda On February 7, 1983 Soaa with certain persons went to villagi-Nihboda, where the appellant was residing and insisted upon him to finalise the marriage issue and a give Smt. Bhuri in marriage to the son of Sona of village Moda. Appellant Moda was reluctant...
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