Rajasthan Court January 1985 Judgments
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Mangi Lal Vs. Mewar Textile Mills Staff Consumers Co-operative Society ...
Court: Rajasthan
Decided on: Jan-23-1985
Reported in: 1985(2)WLN336
Guman Mal Lodha, J.1. This an Ex-soldier's tell tale of turmoil and suffering and pitiable plight of victim of injustice in Courts of justice, on account of denial even of the compensation of the canteen which was taken possession by the State and given to third parties.2. The facts as involved and the controversy relates back to the scheme of re-settlement of military ex-servicmen under which he was granted a piece of land on premium of Rs. 60/- per year in the compound of Collector, Bhilwara in December, 1955.3. It would not be worthwile to mention in detail the entire facts as they are contained in the judgment of the first appellate court and mostly they are not in dispute. The controversy has been further shortened by the frank and fair concession of Mr. Hukam Chand Jain, learned counsel for the appellant that he would not like to press for getting any damages or compensation for deprivation from the right of lease and user of the canteen, nor he would now claim that the canteen s...
Ganeshlal Vs. Maganraj
Court: Rajasthan
Decided on: Jan-23-1985
Reported in: 1985(1)WLN190
S.K. Mal Lodha, J.1. By this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, the appellant, who is judgment-debtor, questions the correctness of the judgment dated April 10, 1975, passed by the learned single Judge of this Court, by which he dismissed the appeal filed by him.2. Facts leading to this appeal may succinctly be stated: The decree-holder-respondent obtained a decree against the judgment-debtor-appellant on January 28, 1963 for Rs. 11,812/-and odd. That decree was confirmed in appeal by this Court. The decree holder-respondent levied execution for the realisation of the amount and applied for attachment of the houses of the judgement debtor. He filed an objection that as he is an agriculturist, the attached houses are not liable to attachment and sale under Section 60(1)(c), C.P.C. The objection was dismissed by the executing court by it order dated October 21, 1967 holding that he (judgment-debtor-appellant) is not an agriculturist.3. Himmatmal and Mila...
Narpat Karan Vs. Wali Khan
Court: Rajasthan
Decided on: Jan-22-1985
Reported in: 1985(2)WLN444
Guman Mal Lodha, J.1. This is a typical case where a piece of land which is alleged to be part of the public street in the city of Jodhpur was sold by allotment by the Allotment Committee of the Municipal Council, Jodhpur. The most curious aspect of the case is that this allotment was done if at all it was done in such a manner which raised several questions about its genuineness. In view of the above two salient features of the case, namely, the land being alleged to be part of public street and the allotment being of alleged suspicious nature I have heard the second appeal at length and perused the documents and evidence shown to me by the learned counsel for the parties.2. The brief facts of the case are that: The plaintiff-appellant filed a suit for permanent injunction against the defendant-respondent Narpat Karan. It was alleged that the house of the plaintiff and respondent No. 1 are situated inside Siwanchi Gate, Jodhpur. There is an open gali in between them which is a Khalsa ...
Kishanlal and ors. Vs. Mst. Kistoori and ors.
Court: Rajasthan
Decided on: Jan-21-1985
Reported in: 1985(1)WLN381
G.M. Lodha, J.1. This is a defendant's second appeal against the judgment of Civil judge, Merta, affirming the judgment of Munsif-Magistrate Merta in Civil suit No. 274 of 1966.2. The plaintiffs (respondent) filed the above suit against the defendants (appellants for injunction and possession on or about 15-7-60 stating that he and his brother own a pitta shud plot of land in Merta Road and its measurements are from North to South 60' and from East to West 43'. He averred that its patta was issued by the former Jagirdar of Merta Road (Phalodi) on 5-4-43 in the name of his father Kishna and the ancestor Chhoga and that on 6-1-57 he was granted permission to construct by the Gram Panchayat Merta Road. It was stated that he constructed four rooms upto 43' after leaving some land in the north and the rest of the land was lying open and there were four stones on the corners. It was alleged that the defendants (appellants) encroached upon 10' to 12' land belonging to him (plaintiff) in the N...
The State Vs. Bajranga
Court: Rajasthan
Decided on: Jan-21-1985
Reported in: 1985(1)WLN293
G.K. Sharma, J.1. The State of Rajasthan has preferred this appeal against the judgment dated 29-8-74 passed by the Addl. Sessions Judge, Tonk, by which he acquitted the accused-respondent from the offence under Section 307, I.P.C., but found him guilty for the offence Under Section 323, I.P.C. only. He, therefore, ordered the accused to be released on probation.2. According to the prosecution, there was a public way which was going from village Anwan to Sitapur, which was obstructed by the accused Bajranga. He cultivated that portion of the public way illegally. A village panchayat was called in this respect, which was attended by Kalyan also. On 28-11-73 Mst. Nathi was coming back from her field in the evening to the village. A calf went into disputed field. Bajranga abused Mst. Nathi and inflicted Jeli blows on her head. Kalyan, who was coming on cycle got down and tried to rescue Mst. Nathi. Bajaranga then inflicted severe blows by Jeli on the head of Kalyan also. On this Chouthmal...
Sagarmal Bastimal Vs. Bhikamchand and Pukhraj
Court: Rajasthan
Decided on: Jan-21-1985
Reported in: 1985WLN(UC)21
G.M. Lodha, J.1. This is an appeal against the judgment dismissing the insolvency petition. The learned Additional District Judge, Sirohi held that the respondent committed an act of insolvency inasmuch as he transferred all his immovable properties in favour of his wife and sons on 13th June, 1972 and got a gift deed registered on 15th June, 1972. It was also held that the debt was more than Rs. 500/- but since it was not a liquidated sum, the insolvency petition could not be entertained.2. Against the above judgment, the applicant-appellant has filed the present appeal.3. Before I proceed to consider the rival contentions of learned counsel for the parties, it may be mentioned that the insolvency petition was filed under Section 7 of the Provincial Insolvency Act. It was alleged that Bhikam Chand and Pukhraj should be declared insolvent as they have committed several acts of insolvency. Bhikam Chand and Pukhraj were carrying on business in the name of Pukhraj and Bhikam Chand. The ap...
Sheolal S/O Shri Binjharam Vs. Bhagirath S/O Shri Laluram Jat S/O Jogi ...
Court: Rajasthan
Decided on: Jan-21-1985
Reported in: 1985WLN(UC)23
G.M. Lodha, J.1. This is an execution appeal of the decree holder against the order rejecting the prayer for appointment of a Receiver and sending the judgement-debtor to civil jail.2. Briefly stated facts giving rise to this appeal are that, the appellant-decree holder obtained & money decree with costs, for Rs. 15,150/-, and interest (pendente lite & future) @ 6% p.a. on the principal amount, in July, 1971. The appellant filed execution application for recovery of Rs. 18,892/-, and interest, seeking execution by two modes, viz , arrest, and detention of the respondent in civil prison, and by appointment of receiver on the land belonging to the judgment-debtor-respondent, so that the income from the said land can be paid to the decree-holder. The decree-holder produced documentary evidence as well as oral evidence. The judgment-debtor examined himself in rebuttal. During the course of the proceedings the trial court, i e. Additional District Judge, ordered to issue warrant for the arr...
Mohd. Sayed Through Legal Representatives Sayabanu Wife and ors. Vs. N ...
Court: Rajasthan
Decided on: Jan-21-1985
Reported in: 1985WLN(UC)19
G.M. Lodha, J.1. In a decree for a petty amount of Rs. 823/- the judgment debtor was directed to be sent in civil prison in the year 1973, by an order dated the 21st March, 1973 of the Civil Judge, Nagpur. In an appeal before the District Judge, Merta, it was of the opinion that the direction of the Executing Court to send the judgment debtor to the civil prison cannot be sustained under Section 51, Code of Civil Procedure.2. The question which was considered was, whether it was approved that judgment-debtor has sufficient means to pay the decretal amount and still refused or neglected to pay the amount, under Section 51 CPC. The evidence of Mangilal has been discarded on the ground that even if the judgment debtor is doing business, it is of very petty nature.3. It appears that in addition to the evidence produced by the decree-holder, the judgment-debtor, himself, in his affidavit marked as Ex. 2 mentioned that he possessed two buffalos of the value of Rs. 18000/-, the learned counse...
Bajrang Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-21-1985
Reported in: 1985WLN(UC)650
Gopal Kishan Sharma, J.1. The State of Rajasthan has preferred this appeal against the judgment dated 26-8-1974 passed by the Addl. Sessions Judge, Tonk, by which he acquitted the accused-respondent from the offence under Section 307, IPC, but found him guilty for the offence under Section 323, IPC only. He, therefore, ordered the accused to be released on probation.2. According to the prosecution, there was a public way which was going from village Anwan to Sitapur, which was obstruct by the accused Bajranga. He cultivated the portion of the public way illegally. A village Panchayat was called in this respect, which was attended by Kalyan also. On 28-11-1973 Mst. Nathi was coming back from her field in the evening to the village. A calf went into the disputed field. Bajranga abused Mst. Nathi and inflicted Jeli blows her on head Kalyan, who was coming on cycle got down and tried to rescue Mst. Nathi. Bajranga then inflicted severe blows by Jeli on the head of Kalyan also. On this Chou...
Munni Lal Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-19-1985
Reported in: 1985(2)WLN43
Gopal Kishan Sharma, J.1. This revision petition is preferred against the judgment of the Sessions Judge, Jhunjhunu, dated 25th January, 1979, upholding the conviction and the sentence of the petitioner Under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter for short, 'The Act'), passed by the CJM, Jhunjhunu. The petitioner was sentenced to 6 months' SI and a fine of Rs. 500/- by the learned CJM. The learned Sessions Judge also maintained the same conviction and the sentence.2. The petitioner who was co-accused with Shankerlal, was prosecuted Under Section 7/16 of the Act, in the court of CJM, Jhunjhunu. The prosecution case was that Food Inspector Dhanraj took sample of 'Baisan-ki-Chakki' on 9th Sept. 75 from Shanker Mishthan Bhandar. Co-accused Shanker was its owner, and the petitioner was working in that shop as servant. The said sample was then sent for examination, and on examination, it did not conform with the standard prescribed for vegetable oil. After obta...
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