Rajasthan Court November 1987 Judgments
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Fainji Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-20-1987
Reported in: 1988(1)WLN447
S S. Byas, J.1. By this petition under Article 226 of the Constitution for a writ in the nature of habeas corpus, the petitioner challenges the detention of his son Noor Mohammed under the National Security Act, 1980 (here in after to be referred to as 'the Act' or 'N.S.A.').2. Noor Mohan med (here in after also referred to 'the detenu') was arrested by the Police, Jodhpur on March 18, 1987 in a proceeding under Section 107/151, Cr.PC. and was lodged in Central Jail, Jodhpur. While he was in Central Jail, Jodhpur, on March 19, 1987 an order, issued by the District Magistrate, Jodhpur, was served on him communicating to him that he was detained under Section 3(2) of the Act. On March 21, 1987, grounds of detention enumerated in Annexure-2 were communicated to him with the letter Annexure-1. The State Government approved the order of the District Magistrate on March 28, 1987. The detenu made representation to the State Government against his detention. His case was also put before the Ad...
Davendra Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Nov-20-1987
Reported in: 1988(1)WLN370
S.S. Byas, J.1. By petition under Article 226 of the Constitution for a writ in the nature of habeas corpus, the petitioner challenges his detention under the National Security Act, 1980 (here in after to be referred to as 'the Act' or 'NSA').2. As per averments of the petitioner, he was arrested by Police, Jodhpur on February 24, 1987 for an offence under Section 25 of the Arms Act and was lodged in Central Jail, Jodhpur on February 25, 1987. On March 19, 1987, while he was in Central Jail, Jodhpur, he was served with order Annexure-1 issued by the District Magistrate, Jodhpur, communicating to him that he was detained under Section 3(2) of the Act. On March 21, 1987 he was delivered order Annexure-2 along with the grounds of detention enumerated in a separate sheet. The State Government approved the order of the District Magistrate on March 26, 1987. His case was placed before the Advisory Board. The petitioner submitted representation to the State Government against his detention. T...
Madan Kanwar Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Nov-19-1987
Reported in: 1(1988)WLN(Rev)72
S.S. Byas, J.1. Here is a woeful story of the widow of an Ex-Jagirdar, who has been deprived of compensation or rehabilitation grant under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (for short 'the Act') and the Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955 (for short 'the Validation Act') since the enforcement of the Acts and her case has been tossed form one end to the other in the Revenue courts.2. The facts need not be narrated in details as they have been mentioned in full, in the order Ex. 4 passed on May 15, 1961 by the learned Members of the Board of Revenue, Rajasthan. Ajmer. The petitioner's father-in-law Prem Singh owned 1/2 share in the Jagir of Nenau district Nagaur. The petitioner's husband Padam Singh passed away during the life-time of Prem Singh. In his life-time the petitioner adopted Asu Singh as his son with the consent of her father-in-law. Prem Singh also passed away on May 15, 1954. Asu Singh applied for succession as Jagirda...
Mauji Ram Vs. Lallu Lal and ors.
Court: Rajasthan
Decided on: Nov-19-1987
Reported in: 1988(1)WLN16
S.C. Agrawal, J.1. This revision is directed against the order dated 9-1-1987 passed by the Munsif & Judicial Magistrate, Sawai Madhopur. By the order aforesaid the Munsif has rejected the application submitted by the petitioner maujiram for being impleaded as a party in Suit No. 243/86 filed by Lallu Lal Non-petitioner No. 1. In the said suit the plaintiff-non- petitioner (1) has prayed for a payment injunction and declaration in relation to the election for the Managing Committee of Gram Sewa Sahkari Samiti Gogore, District Sawai Madhopur. It appears that during the pendency of the suit, the election for the Managing Committee of the said Samiti was conducted on 30-10-1986, and the trial Court on an application for temporary injunction has passed an order staying the final declaration of the result of the said election. The case of petitioner is that he is one of the con testing candidates for the Managing Committee of the aforesaid Samiti, and the non-petitioners Nos. 4 to 9 are als...
Pappu S/O Badri Prasad Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-17-1987
Reported in: 1988(1)WLN13
D.L. Mehta, J.1. This revision petition has been preferred against the judgment dated 14-11-1983 passed by the learned Sessions Judge, Dholpur, convicting and sentencing the accused under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 to six months simple imprisonment and a fine of Rs. 100/-.2. Shri R.N. Shukla, Food Inspector, checked the shop of the accused on 9-8-1974 and purchased 600 grams of wheat flour for analysis. Public Analyst reported that the sample is adulterated being not in confirmity with the prescribed standard of purety. The report of the Public Analyst is Ex.P. 4. The finding of the Public Analyst as under:3. For this reason the sample was found to be adulterated, Mr. Dhankar appearing on behalf of the petitioner assailed the judgment of the Court below on number of grounds including that outer-cover was not used. I do not find any force in the submissions made by Mr. Dhankar on merits and maintain the conviction. In the alternative,...
Vijai Kumar Vs. Municipal Council and ors.
Court: Rajasthan
Decided on: Nov-17-1987
Reported in: I(1988)ACC173
Inder Sen Israni, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against the award dated 14-9-1981 passed by the Motor Accident Claims Tribunal, Jaipur in M.A.C.T. Petition No. 161/80, by which a sum of Rs. 49100 was awarded to the appellant, along with interest at the rate of 10%p.a. from the date of petition till the payment was made to the appellant.2. It will suffice to state for the purpose of this appeal that the accident took place on 17-5-1980 at about 8-30 P M while the claimant appellant was coming on a scooter along with PW 4 his sister-in-law and a child who was standing in front of the appellant on the scooter The appellant was driving his scooter from Pink City Petrol Pump to Ajmer Road opposite Vidhayakpur, Police Station, Jaipur, P.W. 4 Sushila was sitiing on the pillion of the scooter. It is averred in the claim petition that the appellant was driving the scooter cautiously on the correct side of the road Whe...
Malviya Regional Engineering College, Non-teaching Staff Association V ...
Court: Rajasthan
Decided on: Nov-13-1987
Reported in: 1988(1)WLN338
S.N. Bhargava, J.1. The writ petition has been filed by the Malviya Regional Engineering College, Non-teaching Staff Association (here in after referred to as the 'Association') espousing the cause of its members, particulary S/Shri Babu Lal Sharma, B.R. Mishra and K. B. Mathur who are confirmed Lower Division Clerks in the Malviya Regional Engineering College (here in after referred to as the 'College') and have been recommended by the Departmental Promotion Committee for promotion to the post of Upper Division Clerk. In the order (Annexure-1) promoting these persons on the post of UDC on probation for one year, it was also provided that they will be required to pass a departmental examination for confirmation which will be held within next six months. If any of the above candidates failed in this departmental examination he will not be confirmed till he passes any such examination before expiry of his period of probation. Even if any one fails in the second examination, he will be re...
Manak Chand Vs. State of Rajasthan
Court: Rajasthan
Decided on: Nov-12-1987
Reported in: 1988WLN(UC)88
Mohini Kapoor, J.1. The Petitioner was convicted by the A.M.J.M., Aklera, for the offences under Sections 326 and 324, IPC and sentenced to three year's and one year's rigorous imprisonment respectively and fine. On appeal, this sentence was reduced to three months and one month and the fine imposed was Rs. 200/- and Rs. 100/- for the two offences respectively. Against this decision, given on 19-10-1987, the petitioner has preferred this revision.2. From the facts of the case, it is very clear that the incident, which took place as early as 8-5-1977, was between two groups of the same caste, while they were crossing each other in the way. Later on the parties agreed to compromise the matter. The injury an account of which offence under Section 226, IPC is said to have been made out is a fracture on the little finger, caused by sharp weapon. Another injury of Badri Lal was a simple injury on the occipital region by the sharp weapon. Looking to the nature of the dispute and also the inju...
Bajranglal and anr. Vs. Ramdeo and anr.
Court: Rajasthan
Decided on: Nov-12-1987
Reported in: 1988(1)WLN289
M.C. Jain, J.1. These second appeals have been filed by the defendants against the judgments and decrees of the learned District Judge, Bikaner dated 26-9-1986 and 7-2-1987 respectively by which he dismissed them and confirmed the judgments of the Additional Munsif No. 1, Bikaner, decreeing the suits for ejectment on the ground of default in payment of rent. The questions involved in both the appeals are similar and as such they are being disposed of by this common judgment.2. The facts of the case giving rise to Appeal No. 151 of 1986 may be summarised thus. The plaintiff-respondent filed a suit for the recovery of rent and mesne profits with the allegations in short, that the defendant is a habitual defaulter in payment of rent, in previous suit No. 50 of 1975, he was given benefits under Section 13(4), Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (here in after to be called as 'the Act') accordingly, it was dismissed and he has again defaulted in payment of rent for m...
Dharamveer Agarwal Vs. Kailash Chand
Court: Rajasthan
Decided on: Nov-11-1987
Reported in: AIR1989Raj17
M.C. Jain, J.1. This appeal under Section 75 of the Provincial Insolvency Act, 1920 hereinafter referred to as the Act arises out of the order dated 17th of March, 1977 passed by the District Judge, Alwar whereby objections filed by the present appellant were rejected.2. A few facts may be relevant for the disposal of this appeal.An Insolvency petition, by the creditors respondents No. 1 to 8 in the appeal was presented on 21-3-72 and was ordered to be registered on 25-3-72 and the court further ordered issuance of notice to the non- petitioner debtors. An interim Receiver was appointed by the Insolvency Court on 11-4-72. The appellant Shri Dharamveer Agarwal had filed a suit for recovery of money in Feb. 1972 and that suit was decreed by the Civil Judge, Alwar. The decree was put into execution. Some immovable property was put to auction and sale proceeds were realised. That sale was confirmed on 4-3-74. Thereafter the Executing Court passed an order for rateable distribution on 17-4-...
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