Rajasthan Court January 1994 Judgments
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Chander Singh Vs. Chottulal
Court: Rajasthan
Decided on: Jan-18-1994
Reported in: AIR1994Raj186; 1994(1)WLC493; 1994(1)WLN31
ORDER1. This revision petition has been filed against the order of the Additional Munsif No. 2, Jodhpur dated November 9, 1993 by which he has closed the evidence of the defendant-petitioner and has fixed the case for final arguments. The facts of the case giving rise to this revision petition may be summarised thus.2. The plaintiff-non-petitioner has filed a suit for recovery of possession of the disputed premises against the defendant petitioner. On February 15, 1992, the plaintiff closed his evidence and April 9, 1992 was fixed for the evidence of the defendant. Thereafter, several dates were fixed for the same purpose. On November 9, 1993, the impugned order was passed.3. It has been contended by the learned counsel for the defendant that the same day (9-11-1993) an application was moved before the trial court that the defendant's witness Kailash Chandra could not come as the plaintiff had threatened him with dire consequences if he appeared before the trial court to give his state...
Dr. Prushottam Lal Sharma Vs. Union of India (Uoi) and ors.
Court: Rajasthan
Decided on: Jan-18-1994
Reported in: 1994(1)WLN142
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that the respondent Managing Officer be directed to issue corrigendums in respect of properties EP-1/28 and EP-3/37 in the conveyance deeds of these properties. It is also prayed that the respondent Sub-Registrar may in turn be directed to modify the conveyance already issued and corrigendums to be issued conseuqent to the prayer made in the preceding para. It is also prayed that the respondent Collector may be directed to take steps to hand-over the possession of the properties to the petitioner.2. The petitioner is a displaced person having migrated to and settled in India From Pakistan. A claim in respect of the properties left by the petitioner in Pakistan was filed. The claim was settled at a sum of Rs. 56,140/- which included the rehabilitation grant. This was done by two separate orders made in this behalf. It is alleged that the petitioner has not heard about his claim and it is only by the communication dated 10...
Goverdan Lal Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-1994
Reported in: 1994(1)WLN87
A.K. Mathur, J.1. The petitioner by this writ petition has prayed that show cause notice dated 5.11.1990 (Annex.6) may be quashed and the respondents may be directed not to disturb the possession of the petitioner and permit the petitioner to excavate the mineral in question.2. The petitioner was granted a mining lease in respect of a mine quarry bearing No. M.L. 237 in respect of marble mineral in size 100 x 100 meters = 10,000 sq. meters in the area of Devi Mata Tehsil Girwa District Udaipur. The Mining Engineer, Udaipur issued an order on 9.3.1989 granting lease and required the petitioner to comply with certain formalities under the law. It is alleged that the petitioner complied with all the requirements of law and deposited a part of the dead rent, furnished solvent security amount, demarcation fees and also the non-judicial stamps for execution of the lease deed. It is alleged that consequently the Mining Engineer executed a lease-deed in favour of the petitioner. Then, the peti...
Ramesh General Store Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-18-1994
Reported in: 1994(1)WLN85
A.K. Mathur, J.1. Heard learned Counsel for the parties.2. Petitioner has filed the writ petition against the order Annx. 6 dated 26th July, 1993.3. Petitioner is a proprietorship firm. The petitioner approached this Court by filing S.B. Civil Writ Petition No. 2176 challenging the provisional assessment order and this Court on 6th May, 1993 disposed of the writ petition in limine and observed that since it is an interlocutory order, therefore, the Court will not interfere and left it open to the authority who was hearing the stay petition to consider the matter objectively as the demand in question was in a sum of Rs. 40 lacs. It is alleged that thereafter the matter was taken up before the Additional Commissioner, Commercial Taxes on 17th May, 1993 and it is alleged that a copy of the order passed by this Court on 6th May, 1993 was produced but that was not taken into consideration and the Additional Commissioner dismissed the stay petition, therefore, the petitioner has approached t...
G.S. Atwal and Co. and ors. Vs. Rajasthan State Mineral Development Co ...
Court: Rajasthan
Decided on: Jan-18-1994
Reported in: 1994(1)WLN194
N.L. Tibrewal, J.1. These appeals are brought against the common judgment of the learned District judge, Jaipur City, Jaipur in Civil Miscellaneous (Arbitration) Cases No. 189/1988, 190/1988 and 191/1988, and arise from a contract between the parties. Hence, they can be conveniently disposed of by a common order.2. The facts leading these appeals are as follows. The Rajasthan State Mineral Development Corporation (for short the Corporation') a Government Company within the meaning of Section 617 of the Companies Act, 1956, after negotiations vide its letter dated June 7, 1982, awarded a contract to M/s G.S. Atwal & Co. (hereinafter to be referred as 'the Contractor') for raising the mineral 'dolomite'/rockphosphate in their leased are a known as 'Kanpur Mines' in Kolin project in Udaipur District, at the following rates:------------------------------------------------------------------------------Description of work. Quantity Rate per cub.m.---------------------------------------------...
Laxman Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jan-18-1994
Reported in: 1994(1)WLC416; 1994(1)WLN552
V.S. Dave, J.1. This revision petition is directed against the judgment, dated 20.12.93 passed by learned Addl. Sessions Judge No. 2, Bharatpur confirming the judgment of Adl. Munsiff and Judicial Magistrate No. 2, Bharatpur convicting the accused-petitioner for offence under Sections 380 and 457 IPC and sentencing him to undergo simple imprisonment for one year on each count and to pay a fine of Rs. 100/- on each count and in default of payment of fine to further undergo simple imprisonment of 15 days. Sentences were directed to run concurrently.2. The accused-petitioner was charged for committing a theft of a she-buffalo on the intervening night of 18th and 19th Feb., 1985 which was seized from him soon after the theft was committed. The prosecution's case was that he was accompanied by one more person who made escape good his and could not be apprehended thereafter. Police after investigation submitted charge-sheet against the petitioner. He was tried for offence under Sections 457 ...
Kalawati Devi Vs. Sunil Kumar and anr.
Court: Rajasthan
Decided on: Jan-18-1994
Reported in: 1(1994)ACC358
K.C. Agrawal, C.J.1. This appeal, under Section 110-D of the Motor Vehicles Act, has been filed by Smt. Kalawati Devi for more compensation than what had been awarded by the Motor Accidents Claims Tribunal, Jaipur.2. The accident took place in the night of 28th Feb., 1983. According to the claimant's case, Hanuman Sahai was sleeping in the Metador No. RSK 2955 with its owner. The truck No. HYK 5551, which was running at a very high speed, dashed against the Metador and as a result of the accident, Hanuman Sahai died on the spot. The allegation of the appellant is that the turck was being rashly and negligently driven by the respondent. On account of the speed of the truck, the driver had no control over the same. On account of the accident, the Metador damaged badly and its engine became useless.3. Therefore, the appellant filed a claim petition under Section 110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Jaipur claiming Rs. 5,82,000/ for the death of her h...
Bal Ji Vs. Addl. Divisional Commissioner and ors.
Court: Rajasthan
Decided on: Jan-17-1994
Reported in: 1994(1)WLN83
A.K. Mathur, J.1. Heard learned Counsel for the parties.2. Petitioner by this writ petition has challenged the order Annex. 9 dated 17th July, 1992 passed by the Additional Divisional Commissioner, Udaipur whereby the revisional authority has set aside the order of the Collector, Banswara and affirmed the order of the Municipality granting permission to the respondent for raising construction over the land in question.3. The petitioner is a resident of Mohalla Prithviganj of Banswara and he has filed the writ petition in his personal capacity as well as in the representative capacity on behalf of the residents of Mohalla and as a President of Teli Nav Yuvak Mandal, Prithviganj, Banswara which is representative body for the Teli Samaj of this Mohalla whose Holi Ceremony is held for the last so many years in this chowk. Teli Mohalla Prithvigaj is in Ward No. 19 of the Banswara Town' and there is a chowk known as Holi-ka-chowk which is adjacent to the road and is part of the public road, ...
Mahabir Prasad Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jan-17-1994
Reported in: 1994(1)WLN147
A.K. Mathur, J.1. Heard learned Counsel for the parties. I have perused the writ petition.2. The petitioner by this writ petition has prayed that by an appropriate writ, order or direction the order Anx.4 dated 23.5.1992 may be quashed and set aside and the respondents may be directed to release the land of the petitioner from the acquisition and accord permission for raising the construction of hotel in Khasra No. 56.3. The petitioner alongwith his partner purchased the agricultural land by registered sale-deed in village Manch Gaon. In pursuance of the Scheme centrally sponsored the notice under the provisions of the Land Acquisition Act was issued for acquiring the land situated at Manch Gaon including the land of the petitioner. In the year 1989 a proposed lay-out plan of the scheme was made in which Khasra No. 56 was shown as a hotel. The Manch Gaon area is thickly inhabitated by the residents of that area and at various places residential and commercial construction is already ex...
Meh Ram Vs. State
Court: Rajasthan
Decided on: Jan-14-1994
Reported in: 1994CriLJ1897; 1994(1)WLC499; 1994(1)WLN17
Rajendra Saxena, J.1. By filing aforementioned regular and jail appeals, accused-appellant Meh Ram has challenged the judgment dated 5-9-1985 passed by Sessions Judge, Mertain Sessions Case No. 53/84 whereby he has been convicted for the offence under Section 302, I.P.C. and sentenced to life imprisonment.2. Briefly, the facts unfolded during trial are that in the night intervening 11th & 12th June, 1984, a 'Satsang' (prayer meeting) was organised at the Dhuna of late Shiv Nath Ji Maharaj in the Math situated near village Rol Chandawata, wherein hundreds of male and female devotees participated. One old lady aged about 75 years, who had renounced the world and become Sanyasin and whose dead body was later on identified as that of Smt. Ganga by her son PW 6 Devi Chand also attended the said 'Satsang,' wherein she also sung 2-3 Bhajans. It is alleged that at about 4.00 a.m. Smt. Ganga went out side the Math for passing urine. Immediately, thereafter PW 1 Roop Nath, the disciple of late S...
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