Rajasthan Court September 1986 Judgments
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Gurujant Ram Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Sep-05-1986
Reported in: 1987WLN(UC)399
Ashok Kumar Mathur, J.1. This writ Petition is directed against the judgment of the Assistant Collector dated 31-5-1976 (Annex. D). and the judgment of the Revenue Appellate Authority dated 16-11-1976 (Annex. E) and the judgment of the Board of Revenue dated 22-1-1979 (Annex. F).2. The Petitioner who is a Jat Sikh was given in adoption on 19-2-1974, to one Shri Suraja Ram Meghwal who is a Scheduled Caste, by his father Karmail Singh according to the custom and provisions of the Hindu Adoption and Maintenance Act. The Petitioner submits that after adoption he became member of the Scheduled Caste Meghwal of his adoptive father being the adopted son of Suraja Ram. The Petitioner purchased agricultural land measuring 15 bighas and 2 biswas from one Nanda Naik belonging to Scheduled caste on payment of Rs. 25,500/- on 1-6-1974, after his adoption. The Petitioner obtained a Khatedari Patta from non-petitioner No. 5. A report was made against the petitioner under Section 175 of the Rajasthan ...
Bhanwar Dan Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-1986
Reported in: 1986WLN(UC)626
Milap Chand Jain, J.1. The appellant Bhanwardan has been convicted of the offence under Section 411, IPC and has been sentenced to 2-1/2 years rigorous imprisonment and to a fine of Rs. 1003/-in default of payment of fine to further undergo one year's rigorous imprisonment.2. An armed robbery took place in the day light on 9-1-79 at the house of Gaina (PW 4) The report of the occurrence was lodged on the very day at 8 p.m. on 9-1-79 at the police station Ahore The whole house was ransacked. After necessary investigation, charge-sheet was presented against the five accused persons. Ultimately, all of them were tried by the learned Sessions Judge, Jalore who entered conviction of the appellant for the said offence.3. So far as the appellant Bhanwardan is concerned, admittedly, the charges against him was that he had received the stolen property dishonestly knowing it to be stolen. How far the prosecution has been able to establish the offence under Section 411, IPC has to be seen. The on...
Chandan Lal Vs. Keshav Dev
Court: Rajasthan
Decided on: Sep-05-1986
Reported in: 1986WLN(UC)419
J.S. Verma, C.J.1. This is plaintiff's revision against a part of the trial Court's order dated May 27, 1978, by which some amendments sought to be made in the plaint have been disallowed. The suit was filed by the plaintiff on February 5, 1975 for declaration of his title to a wall and the consequential relief of injunction.The plaintiff then applied for amending the plaint.The substance of the amendments sought by the plaintiff as summarised by the Court below in the impugned order Is as under:(1) Seven defendants are to be added,(2) The length of the disputed wall is to be corrected from 37 ft., 10 inches to 30, ft. 3 inches,(3) A fresh cause of action as arising on April 20,1975 is to be added in the plaint,(4) The declaration sought to be for the sole ownership of the plaintiff is to be amended in the alternative to the joint ownership of the plaintiff and some of the defendants.2. The trial Court has permitted the plaintiff to amend the plaint only as mentioned in the above item ...
Budhra Ram and 11 ors. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-05-1986
Reported in: 1986WLN(UC)488
Ashok Kumar Mathur, J.1. All these 12 writ petitions involve common questions of law and facts therefore they are disposed of by a common order.2. For the convenient disposal of these writ petitions the facts of S.B. Civil Writ Petition No. 1097 of 1986: Budhra Ram v. Rajasthan and Ors. are taken into consideration:3. The petitioner having passed his Higher Secondary Examination from the Board of Secondary Education Rajasthan Ajmer obtained a Diploma in Teaching Examination from the erstwhile University of Jabalpur now known as Rani Durgawati Vishwavidhalaya, Jabalpur in the year 1985. The petitioner was appointed by the Vikas Adhikari on the post of teacher is the pay scale of 490-840 for a period of six months or till a duly selected candidate is available. It was also mentioned in the note 7 of the endorsement of the order dated 14-8-1985 that since the question of recognition of the Diploma obtained from Jabalpur University is pending consideration with the Government of Rajasthan ...
Rewati Raman Sharma Vs. B.K. Swami
Court: Rajasthan
Decided on: Sep-05-1986
Reported in: 1986WLN(UC)628
J.S. Verma, C.J.1. This is a plaintiff landlord's revision under Section 115, CPC, which arises in unusual circumstances.2. A suit for eviction was filed on February 1, 1968 on certain grounds permissible for eviction of the defendant-tenant. The defence of the tenant was struck out on March 9, 1973. The case was then fixed for evidence on November 8, 1973. On that day the plaintiff's evidence was recorded and closed. The defendant was absent on that day and, therefore, the plaintiff's witnesses were not cross-examined. The trial Court even then fixed the case for recording defendant's evidence on December 21, 1973. The defendant was absent even on that day and the case was then adjourned by the trial Court for recording the defendant's evidence on January 29, 1974. In the mean time the defendant preferred an appeal against the trial Court's order dated November 8, 1973 by which the plaintiff's evidence had been closed without cross-examination of the plaintiff's witnesses on account o...
Ram Charan Das Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-05-1986
Reported in: 1986WLN(UC)665
Mahendra Bhushan Sharma, J.1. This case involves an important question as to whether the transfer of a government servant to a similar post in the similar cadre is a service matter within the meaning of Section 2(f)(v) of the Rajasthan Civil Service (Service Matters Appellate Tribunal) Act, 1976 (Act No. 34 of 3976) (for short the Act) and as such the jurisdiction of the civil court is excluded under Section 10 of the Act?2. The petitioner Ramcharan Das was appointed as Head Master Government Secondary School, Ramjipur Kalan (Jaipur) in December 1984, which is said to be at a distance of 30 miles from Jaipur. He made a request to the Chief Minister for his transfer to Jaipur city on the ground that he is a cronic patient of disentry and needs constant medical help at times. The petitioner has got a widowed sister whose entire family of 10 members is dependent on him. His sister lives in Dinanathji-ki-Gaii at Jaipur. He was twice operated upon for 'Harinya' and a similar request was mad...
Pritam Singh Vs. State of Rajasthan
Court: Rajasthan
Decided on: Sep-05-1986
Reported in: 1986WLN(UC)645
Sobhag Mal Jain, J.1. In this writ petition the petitioner challenges the order of the Collector, Sri Ganganagar dated the 5th October, 1981 cancelling the patta executed in favour of the petitions by the Gram Panchayat Rattewala in 1971. Petitioner's case in brief was that the petitioner purchased the land in respect of plot No. 41 measuring 60'x 85' situated in chak 11B. in auction sale. His bid was highest which was accepted by the Gram Panchayat and the petitioner deposited the sale-price within the prescribed time. The copies of the proceedings were duly sent to the Sub-Divisional Officer concerned and the sale was confirmed by the Gram Panchayat in favour of the petitioner. Since then the petiliorer has been in actual physical possession of the plot After about 10 years, the Collector cancelled the said patta by the order dated 5th October, 1981. The case of the petitioner is that this was done illegally without any notice to the petitioner. He was not given any opportunity to sh...
Rajasthan State Road Transport Corporation and ors. Vs. Dr. O.P. Gupta ...
Court: Rajasthan
Decided on: Sep-04-1986
Reported in: 1987(1)WLN385
Guman Mal Lodha, J.1. The celebrations of marriage were not complete when the marriage party or the bride groom Dr. Sanjay Singh suddenly met an accident at Amber, Where they had gone in car to, the Darshan of Goddess 'Shila Devi'. The Corporation bus No. RSG 5408 driven rashly and negligently by the driver Malu Ram struck wild against car on the wrong side of the road. The occupants including the claimants Dr. O.P. Gupta, Dr. Ram Singh and Gulabchand Kasliwal received serious injuries on the head, neck and ribs etc.2. These six appeals are related to the award against the Corporation but in favour of three injured separately, names, of whom have been mentioned above. Both sides have filed appeals. The Corporation wants that the award should be quashed for recording the substantial claim. The claimants are riot satisfied with the amount awarded. The dis-satisfaction of both have resulted in six appeals.3. On the joint requests of the learned Counsel for all the parties. I have heard th...
Alcobex Metals (P) Ltd. Vs. Cto
Court: Rajasthan
Decided on: Sep-04-1986
Reported in: 1987(2)WLN877
Ashok Kumar Mathur, J.1. The petitioner by this writ petition has challenged the notice dated 7-7-1978 (Annexs. 7 & 8). He has also challenged the validity of Section 12 of the Rajasthan Sales Tax Act, 1954. 2. The petitioner is a company incorporated under the Indian Companies Act, 1956 having its registered office at Delhi and Head Office and Factory at Jodhpur. The petitioner company purchased the running business carried on by a registered partnership firm known as M/s Alcobex Metal Corporation, 24, Heavy Industrial Area, Jodhpur (here in after referred to as 'the firm'). The firm had fine partners Sarva Shri G.G. Kanunga, Laxmi Chand Kanunga, Shri Asuram Kanunga, Hansraj Kanunga and Shri Ganga Dass Vyas (since dead). The firm was registered under the Indian Partnership Act, 1932 and it stood dissolved on 1-8-1971 on transfer of its running business to the petitioner company. The firm was registered both under the Rajasthan Sales Tax Act, 1954 (here in after referred to as the Act ...
Ratan Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Sep-04-1986
Reported in: 1986WLN(UC)524
Milap Chand Jain, J.1. In this writ petition the petitioner challenges the notice dated the 7th September, 1979 issued by the Gram Panchayat, Debari, order of the Additional Collector, Udaipur dated the 19th September, 1980 and the notice issued by the Sarpanch, Gram Panchayat, Debari dated the 12th October, 1980 marked Annexures 2,4 and 5 respectively. The petitioner has alleged that in an auction held by the Gram Panchayat, Debari the petitioner purchased land known as 'Khadda' in village Debari for a sum of Rs. 1601/-. His bid was highest and he deposited 1/10th of the auction money on the spot. The balance was deposited on May 31, 1972 and, therefore, a sale-deed was executed in his favour by the Gram Panchayat. The possession of the land was also delivered to the petitioner, According to the petitioner he acquired ownership and proprietory rights over the land in question. He has further urged that after purchasing the land he spent a sum of Rs. 5000/- in its improvement. After a ...
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