Court : Rajasthan
Reported in : 1975WLN(UC)264
J.P. Jain, J.1. This execution second appeal is by the judgment-debtor Mangilal and directed against the appellate order dated 19-4-74 of the Additional District Judge, Churu, by which he affirmed the orders of the execution court dated 17.3.73 and 27.4.73.2. Mst. Nathi obtained a decree for maintenance against her husband Mangi Lal from the Court of Civil Judge, Churu. On 5.5.72 she applied for the execution of the decree. She took the execution for the amount of Rs. 4107 20 p. & she prayed that the judgment-debtor is drawing Rs. 253/- per month as his salary and, as such, one-third of his salary be attached in execution of her decree. On 6.5.72 the executing court passed an order that half of the amount beyond Rs 200/ of the judgment-debtor's salary be attached. The orders of attachment were issued accordingly. On 17.3.1973 on behalf of Smt. Nathi an application was submitted before the executing court saying that she was entitled to get one-third of the salary of the judgment-debtor...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1976Raj20; 1975()WLN814
J.P. Jain, J. 1. Civil Suit No. 11 of 1959 filed by Prabhu Narain respondent No. 1 has been decreed by the Civil Judge. Jaipur City, and upheld by the Additional District Judge No. 3, Jaipur City, (Civil Appeal No. 48/1970). The first and the second defendants have come in second appeal in this court.2. On 3-1-59 Prabhu Narain instituted the suit under appeal in the court of Civil Judge, Jaipur City, against Nand Kishore. his father Radha Vallabh and four others who are tenants in the suit property. The suit property is a haveli facing North situate in Surajpole Bazar, Chowkari Topkhana Hazuri. Jaipur. This house originally belonged to one Har Bux who died on 23-9-1949. One Govind Nara-in obtained a decree against Prabhu Narain as legal representative of Har Bux. He got the suit haveli attached in that decree. A claim was put up by Nand Kishore, who was at that time minor, through his father, Radha Vallabh under Order 21, Rule 58, Civil P. C. It was claimed that the suit property was i...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1976Raj10; 1975()WLN337
S.N. Modi, J.1. This second appeal arises out of a suit filed by the plaintiffs respondents for injunction restraining the defendants-appellants from interfering with the right of the plaintiffs to irrigate their fields bearing khasra Nos. 390, 390/1, 391/2, 392/1, 392/2 and 407 situate at village Dantri from the well bearing khasra No. 389. 2. The plaintiffs' case is that they have been irrigating their fields with the water drawn from the well bearing khasra No. 389 for more than 100 years as of right and without interruption. It is not in dispute that the said well is owned by the defendants. Formerly too, it was owned by the defendants and their ancestors in the capacity of their being Jagirdars of village Dantri. The defence of the defendants is that the irrigation of the plaintiffs' fields from the said well was permissive and in lieu of certain payment made by the plaintiffs. Both the courts below on consideration of the evidence led by the parties came to the conclusion that th...
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN706
C.M. Lodha, J.1. These are two connected matters arising out of the judgment dated 19th May, 1971 by the Sessions Judge, Bikaner, who has convicted and sentenced the accused-appellants as under: Convicted and Sentenced to1. Bhoor Singh i) Under Section 302 I.P.C. for the murder of Panneysingh Life imprisonment ii) Under Section 302 I.P.C. for the murder of Bhanwersingh Life imprisonment iii) Under Section 323/34 I.P.C. for causing simple hurt to Pepsingh One year's RI and fine of Rs. 50/- in de- fault 2 months' further RI2. Naryan Singh i) Under Section 302 I.P.C. for the murder or Panneysingh Life imprisonment ii) Under Section 302/34 I.P.C. for the murder of Bhanwarsingh Life imprisonment iii) Under Section 323/34 I.P.C. for causing simple hurt to Pepsingh One year's RI and fine of Rs. 50/- in de- fault 2 month's fur- ther RI3. Pratap Singh i) Under Section 302 I.P.C. for the murder of Bhanwarsingh Life imprisonment ii) Under Section 302/34 I.P.C. for the murder of Panneysingh Life ...
Tag this Judgment!Court : Rajasthan
Reported in : 1975WLN(UC)313
V.P. Tyagi, J.1. This is plaintiff's first appeal against the judgment and the decree passed by the Additional District Judge No. 2, Jaipur City dated 27th March, 1973 dismissing the plaintiff's suit for damages and for a declaration that the notification issued by the University withdrawing his B.A. degree be declared as null and void.2. The case of the plaintiff was that he appeared at the B.A. examination conducted by the Rajasthan University in the year 1962 and he was declared successful. In 1963 he took his M.A. (Previous) examination but he could not succeed. On 29th July. 1963 he was served with a notice by the defendant University asking him to submit the certificate of the institution where the plaintiff was working as a whole time paid teacher by 5th August, 1963. The letter is Ex. 3 on record which shows that this enquiry was instituted by the University on an information received that the plaintiff was a Government servant and working as Assistant Sub Inspector in the Raja...
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Reported in : 1975WLN(UC)486
S.N. Modi, J.1. This second appeal by the plaintiffs arises out of a suit for possesetion.2. The plaintiffs filed a suit alleging that a plot of land belonging to Veerchand Lakhaji, existed towards the south of their house situate at village Nadol. The plaintiffs obtained patta of their house on 15-2-50 from the erstwhile thikan Ganarao as village Nadol was one of the Jagir village of thikana Genarao in the Former State of Marwar. The plaintiffs further alleged that the defendants purchased the plot belonging to Veerchand Lakhiji and thereafter illegally encroached upon the land adjacent to the plaintiff's land measuring 6 1/2' x 12 1/4' marked EFGH in the site-plan Ex. P.2. The plaintiffs therefore prayed for decree for possession of the land marked EFGH in the site-plan Ex. P. 2 The defendants admitted having purchased the plot of land from the successor of Veerchand Likhaji, namely, Himmatmal on 31-1-50 for Rs. 651/-. They further pleaded that the land marked as EFGH in EX. P.2 was ...
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN508
P.D. Kudal, J.1. Accused-appellant Dharma has filed this appeal from Tail against the judgment dated 31st July, 1971 by the learned Sessions Judge, Balotra. The accused-appellant has been convicted under Section 302, IPC, and sentenced to imprisonment for life, and a fine of Rs. 500/-, and in default of payment of fine to undergo further rigorous imprisonment, for six months. The accused-appellant was also convicted under Section 323, IPC, and sentenced to one year's rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.2. The prosecution story is that the accused-appellant Dharma married to Mst. Nenu daughter of Chaitan. Chaitan died and was survived by his widow Mst Sua. The marriage of Mst. Nenu with Dharma was performed on the 'Akha Teej' of Smt. 2023, Ganesh, the younger brother of Met. Nenu was married to the daughter of Boda, who is closely related to Dharma. After residing for some time, with Dharma Mst. Nenu came back to her mother, and later o...
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN965
P.N. Singhal, C.J.1. The petitioner claims to be a Hindu Undivided family represented by Gajanand Pasari as its 'Karta'. It is being asseeseed to income-tax in Rajasthan ever-since its introduction, from the assessment year 1950 51. as the Income-tax Act was made applicable to the State with effect from April 1, 1950. The validity of the retrospective levy was successfully challenged by a writ petition in this Court. The Court judgment is dated January 16, 1951 and is reported in Madangopal Kabra v. Union of India It was however set aside on December 10, 1953 by a judgment of their Lordships of the Supreme Court reported in Union of India v. Madal Gopal Kabra : [1954]25ITR58(SC) .2. The petitioner has stated that as there was 'no Income-tax or any other law' in the State of Raja upto 31.3.50' requiring it to maintain books of account', it 'did not murrain any books of account upto 31.3.50' It has been stated that the petitioner prepared an inventory of its assets and liabilities on Apr...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1976Raj75; 1975()WLN607
S.N.Modi, J. 1. This is a second appeal by the plaintiff Champalal against the judgment and decree of the District Judge, Bikaner, dated 21-1-1967, affirming the decree of the Civil Judge, Ratangarh, dismissing the suit.2. The dispute relates to the recovery of a jeep car bearing registration No. RJK 1120 or its price amounting to Rs. 5,000. The defendant-respondent No. 2 Jiwanram is the uncle of the defendant-respondent No. 1 Ramchander. The plaintiff-appellant is a resident of Bhinasar, district Bikaner, whereas the defendant-respondents are the residents of Hanumangarh, district Ganganagar. Both the towns Bhinasar and Hanumangarh, were formerly the parts of the erstwhile State of Bikaner which subsequently merged into the State of Rajasthan. The plaintiff and the defendant Ramchander knew each other very well from the times of the erstwhile State oi Bikaner.3. The plaintiff came with the case that the defendant Ramchander was in need of a jeep car and since he knew that the plaintif...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1976Raj71; 1975()WLN442
V.P. Tyagi, J.1. This appeal has been filed by the claimants under Section 110-D of the Motor Vehicles Act, 1939 challenging the award of the Motor Accident Claims Tribunal, Bikaner dated 6th June, 1970. 2. On 2nd June, 1966 one Ram Kumar was looking after his truck on the road between Gajner and Bikaner at a distance of about 5 miles from Nail. A truck bearing No. R. J. K. 3528 driven by Niranjan Singh driver came from Bikaner side and dashed against Ram Kumar who was standing on the road. As a result of that accident Ram Kumar sustained serious head injuries. He was immediately removed to the hospital but his life could not be saved. Ram Kumar's wife Smt. Maina, his minor son Babu, minor daughter Panchu and mother Smt. Chandra filed a claim before the Motor Accident Claims Tribunal, Bikaner for Rs. 10,000/- as damages for the death of Ram Kumar. In their application driver Niranjan Singh, owner of the truck Mohan Lal and the General Assurance Society Ltd. were made parties. 3. Mohan ...
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