Rajasthan Court March 1988 Judgments
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Mohammad Aleem Vs. Maqsood Alam and ors.
Court: Rajasthan
Decided on: Mar-07-1988
Reported in: AIR1989Raj43
ORDERS.C. Agrawal, J.1. This revision is directed against the order dt. 11th Oct. 1984 passed by the Additional Civil Judge No. 1, Kota, in Execution Petition No. 28/83 whereby the Additional Civil Judge rejected the objections submitted by the petitioner and Mohammad Salim non-petitioner 4 against the petition filed by non-petitioners 1,2 and 3 for execution of a decree passed by this Court in favour of Khurshid Alam (deceased). The non-petitioners 1, 2 and 3 are the heirs and the legal representatives of Khurshid Alam.2. Khurshid Alam had filed a suit (Civil Suit No. 173/62) against his step mother, Smt Fatima Begum, and his brother, Mazhar All, for the recovery of possession of a house situated in Ladpura, Kota City on the basis of a gift made in his favour by his grandfather, Madar Ali, The said suit was also for taking account of the mesne profits of the house from the date of the suit till the date of the delivery of the possession. In the said suit a decree for eviction was pass...
Udmi Ram and ors. Vs. Dharam Singh and ors.
Court: Rajasthan
Decided on: Mar-07-1988
Reported in: 1989CriLJ1522; 1988(2)WLN388
ORDERJas Raj Chopra, J.1. This revision petition Under Section 397, read with Section 401 Cr. P.C. has been filed against the judgment of the learned Sessions Judge, Churu, dt. 26-9-87, whereby the learned Sessions Judge has accepted the revision petition filed against the order of the learned S.D.M., Rajgarh, dt. 26-5-87 and has held that no proceedings Under Section 145 Cr. P.C. ought to have been initiated and, therefore, he has ordered that these proceedings be dropped.2. Detailed arguments were advanced at the admission stage.2A. The facts necessary to be noticed for the disposal of this revision, briefly stated are that Khasra Nos, 9 and 162, situated in village Mithi, which earlier formed part of Khasra No. 28, were recorded as Doli of Mandir Shri Thakurji in Samvat year 2018 to Samwat year 2021. At that time Shri Jaggu Ram was the Poojari of the temple and it transpires that he got this khasra No. 28 recorded in his khatedari. Jaggu Ram was later removed from the post of Poojar...
RamnaraIn and Etc. Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Mar-07-1988
Reported in: 1989CriLJ760; 1988(2)WLN123
ORDERNavin Chandra, J.1. This Order will decide three Criminal Miscellaneous Petitions Nos. 190 of 1987, 5 of 1987 and 145 of 1986 filed before this Court under Section 482, Cr. P.C. by a common order as the same question of law comes for consideration in all these three petitions.2. Facts leading to the filing of Criminal Miscellaneous Petition No. 190 of 1987 are that on June 6, 1981 Roop Singh son of Mukhtiar Singh had filed a criminal complaint in the Court of Judicial Magistrate No. 2, Hanumangarh against Kulwant Singh, Ram Narain and Harmit Singh complaining of the commission of offences under Sections 420, 467, 468, 471, 166, 167 and 120B, I.P.C. It was alleged by Roop Singh in his complaint that he was Khatedar tenant of agricultural land in 'chak' No. 27 PTP, Sq. No. 24 and comprised in 'killa' Nos. 1 to 19 and in Sq. No. 24, Killas Nos. 14 and 15, measuring in all 20 Bighas 10 Biswas (nahari), and he was in its peaceful possession. It was mentioned that Kulwantsingh and his d...
Mst. Dhan Kaur Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-07-1988
Reported in: 1988(2)WLN110
Navin Chandra Sharma, J.1. This is a petition under Section 482, Cr. P.C. by Mst. Dhan Kaur for quashing the order of the Sub-Divisional Magistrate, Hanumangarh dated March, 31 1987 which was affirmed by the Additional Sessions judge No. 1 Hanumangarh by his order dated August 19, 1987.2. Facts of the case are not in dispute. Proceedings under Section 145, Cr. P.C. were initiated by the Sub-Divisional Magistrate, Hanumangarh. The dispute related to agricultural land situated in chak 13 GGR, Stone No. 192/285 and Killa E 9 to 13 measuring 5 Bighas and Killa No. 14 measuring 15 Biswas, in all 5 Bighas, 15 situated in village Masani, Tehsil Tibi, District Ganganagar. After making the order under sub Section (1) of section 145 the sub-Divisional Magistrate passed an order under Sub-section (1) of Section 146, Cr. P.C. and attached the said agricultural lands and appointed Tehsildar, Tibi as receiver over the said lands on November 29, 1985. Both Mst. Dhan Kaur and non-petitioner No. 2 Sher...
Nisar Ahmed Vs. State of Rajasthan
Court: Rajasthan
Decided on: Mar-07-1988
Reported in: 1988(1)WLN554
J.R. Chopra, J.1. This revision petition has been filed against the order of the learned Chief Judicial Magistrate, Churu, dated 12-1-1988, where by the learned Chief Judicial Magistrate has dismissed the application of the accused-petitioner for the amendment of the charge.2. It is one of those unfortunate cases where 14 persons were duped to deliver their Passports and Rs. 5,000/- each for being sent to the Middle East Countries, in the year 1978, a complaint about which was filed on 6-12-1978 and after investigation, a challan in the case was filed in July, 1979 and still the case is not making any head-way, on account of miscellaneous proceedings that are filed by the accused, one after the other. The charge in the case was framed in the year 1982 and with great difficulty the Magistrate could examine two witnesses and thereafter on 25-11-1987 an application for amendment of the charge was filed, i.e., almost after 5 years and 8 months of the framing of the charge. It would be wort...
State of Rajasthan Vs. Sukan Raj and 8 ors.
Court: Rajasthan
Decided on: Mar-07-1988
Reported in: 1988(1)WLN780
J.R. Chopra, J.1. These appeals are directed against the judgments of the learned Munsif and Judicial Magistrate, Pali dated 22-9-1978 and relate 10 acquittal of accused-respondents of the offences under Sections 28(1), (2) and (3) of the Rajasthan Agricultural Produce Markets Act, 1961 (for short 'the Act' hereinafter). They raise a common question and, therefore, I propose to dispose of these appeals by a single judgment.2. S.B. Criminal Appeals No. 457/1978, 473/1978 and 474/1978 relate to the cases where on checking, a particular quantity of cotton-seed was found in possession of the accused-respondents and it was brought into the market area Pali after purchasing it outside the mark it area whereas in all the remaining appeals, the accused-respondents are alleged to be dealers in cotton seed doing business as retail Traders in the market area of Pali without obtaining any licence from the Market Committee, Pali inspite of the issue of notices to them. In S.B. Criminal Appeals No. ...
Abdul Shahid Vs. Smt. Naraini and ors.
Court: Rajasthan
Decided on: Mar-02-1988
Reported in: II(1988)ACC259; [1989]65CompCas367(Raj)
Bhargava, J.1. This is a miscellaneous appeal by the owner of a truck, against the award dated July 24, 1985, passed by the Motor Accidents Claims Tribunal, Jaipur, amounting to Rs. 1,20,000. The appeal came up for admission on October 18, 1985. Shri Rajendra Soni appeared on behalf of respondents Nos. 1 to 6 and notices were issued to respondents Nos. 7 and 8 as to why the appeal should not be admitted. It was admitted on October 29, 1985, and notices were issued to respondent No. 8. When the appeal came up for hearing, one of the points raised in this appeal was that since the goods vehicle (truck) was insured under a comprehensive policy, the whole amount awarded as damages by the Tribunal should be recoverable from and payable by the insurance company, and reliance was placed on Smt. Chand Kanwar v. Mannaram, AIR 1986 Raj 2; [1988] 63 Comp Cas 721 (Raj). Learned counsel for the insurance company submitted that he had already filed an appeal against the said judgment which is still ...
Narsingh Dass Vs. Jeth Mal
Court: Rajasthan
Decided on: Mar-02-1988
Reported in: 1988(1)WLN677
Milap Chandra, J.1. The plaintiff-non-petitioner filed a suit for ejectment against the defendant-petitioner on the ground of reasonable and bonafide necessity in respect of a shop measuring 6' X 4' situated at Nagaur. The defendant resisted it. After recording the evidence of the parties, it was decreed. The defendant filed Appeal No. 8 of 1981 in the court of the Additional District Judge, Nagaur. Subsequently, an application was moved by him before the learned Additional District Judge that an issue regarding partial eviction be framed as provided in the proviso of Sub-section (2) of Section 14 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (here in after to be called 'the Act') and be remitted to the learned trial court for recording its finding thereon, the plaintiff seriously opposed it. After hearing the parties, the learned Additional District Judge dismissed the application by his order under revision.2. It has been contended by the learned counsel for the ...
Bhanwar Lal and anr. Vs. Late Madan Lal and anr.
Court: Rajasthan
Decided on: Mar-02-1988
Reported in: 1988(1)WLN725
Milap Chandra, J.1. The plaintiff-respondent No. 1 Madan Lal filed a suit in the Court of the Civil Judge, Chittorgarh for injunction against the defendants-respondents No. 2 and 3 and defendant-appellants. It was dismissed. On appeal, it was decreed. The defendant-appellants filed the above noted second appeal in this Court on 18-12-1974. During its pendency, the defendant-appellant No. 1 Bhanwar Lal died on 31-12-1982 and the plaintiff-respondent No. 1 died on 30-10-1983. On 17-4-1986, applications were moved by the defendant-appellant No. 2 Kishan for setting aside the abatement of the apaeal, for bringing on record the legal representatives of the deceased Bhanwar Lal and Madan Lal and for the condonation of the delay in moving them along with his affidavits. The legal representatives of the plaintiff-Madan Lal have seriously opposed the applications. At the time of the arguments, the application for bringing the legal representatives of the deceased Bhanwar Lal was not pressed as ...
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