Court : Rajasthan
Reported in : 1973(6)WLN981
S.N. Modi, J.1. This appeal by the plaintiff Hetram and his minor brother Sahabram is directed against the judgment and decree of the Additional District Judge, Ganganagar, dated 31-5-71 dismissing the suit for declaration, possession and mesne profits.2. The disputes to agricultural land measuring 16 bighas 2 biswas which is a part of khasra no. 167messuring 32 bighas 6 biswas in villag Dilmana, tehsil Suratgath, distt. Ganganagar. By a deed of sale dt. 9-9-59 which was registered on 10-9-59,Gangaram alias Nandram, the father of the plaintiffs, sold the disputed land measuring 16 bighas 2 biswas to the defendant-respondent Bhaderam for Rs. 10304/-. On 25-10-68 the plaintiffs brought the present suit alleging that the entire khasra No. 167 belonged to their grand-father Arjunram and on the death of Arjunram it devolved upon their father Gangaram. They further alleged that the sale-deed dated 9-9-59 executed by their father was entirely without consideration and no amount whatsoever was...
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN972
J.P. Jain, J.1. Fakir Chand son of Ramrakh Jat was found murdered in the Khaliyan of Buddha Nayak in village 'Dhani' on 22-11-68. In this connection two sons of Buddha, Juglal and Mansingh were tried by the Additional Sessions Judge, Churu and were found responsible for causing the murder of Fakir Chand They were convicted for an offence under Section 302 IPC and sentenced to imprisonment for life. Both the convicts have challenged their conviction in this appeal.2. Arjun (PW1) was grazing his herd of she-goats in the nearby field on that day. Sometime before duck he heard a cry from the Khaliyan of Buddha. He saw Juglal and Mansingh inflicting blows by 'Khotan' to Fakir Chand. He went near the field of Buddha but he was threatened by the accused to dire consequences and as such he did not dare go to the place of occurrence. He, however, went to the village and met Mukhram (PW 2) at his house. Bhera Ram (PW 3) was also sitting with Mukhram. Arjun informed them about the incident and st...
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN885
R.D. Gattani, J.1. Messrs. Golcha Properties (Private) Limited, (In Liquidation), briefly 'the Company' was on 10 5-1968 by this Court, ordered to be wound up in Company Petitions No. 9 and 10 of 1966. The Official Liquidator attached to this Court was appointed Liquidator of 'the Company'. After the passing of that order the Official Liquidator is carrying on the business of 'the Company' for the beneficial winding up of it.2. This application has been filed by the Commissioner of Income Tax (Recovery), New Delhi for grant of the leave of the Court against 'the Company' for the recovery of Rs. 31,31,620/- in respect of the alleged liability of 'the Company' under the Income Tax Act, 1961, briefly' the Act' for the assessment years 1969-70, 1970-71, 1971-72, 1972-73. According to the application, tax for the assessment year 1969-70 was assessed as Rs. 5,91,935/, for the assessment year 1970-71 as Rs 10,38,374/- and for the assessment year 1971-72 as Rs. 11,94,274/-. Out of this latter ...
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN967
C.M. Lodha, J.1. These are two connected appeals directed against the judgment and decree by the District Judge, Jhunjhunu dated 1-6-1972 by which the learned Judge upheld the judgment and decree by the Civil Judge, Jhunjhunu dated 30-9-1966 in Civil Suit No.166 of 1960.2. Idol of Thakurji Shri Dwarkadheeshji installed in kund Boharaji, situated in the town of Khetri filed the suit through its Sewak and manager Durga Prasad against the defendants Gopal and Ramdeo on 4-6-1960 in the Court of Civil Judge, Jnunjh nu all hging that there was a garden 'Bagh' enclosed with a 'pucca' compound wall within the boundary of the temple and the pond 'kund' attached to the temple, measuring 16 Bighas 2 Biswas bearing Khasra Nos. 1399, 1404, 1406, 1417, 1421, 2081/1403 and 2082/1402. The land in the pond, well, garden and the temple, are constructed was granted to one Dwarka Prasad an ancestor of Durga Prasad by the which Raja of Khetri on Migsar Bad 4, Section 1907. The original 'patta' had been pla...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj194; 1973()WLN994
S.N. Modi, J.1. This first appeal is brought from the judgment and decree of the District Judge, Kota, dated 23-9-71 dismissing the plaintiff's suit for recovery of money.2. The plaintiff is a registered-firm carrying on business at Kota. The defendant carries on business at Bhawanimandi, district Jhalawar under the name and style of Rajasthan Textile Mills. The defendant purchased between 5-5-62 and 18-9-62 asbestos cement sheets worth Rs. 78,254.24 paisa and certain hardware articles worth Rs. 4,936.31 P. total Rs. 83,190.55 P. and paid Rupees 72,896.63 P. on various dates leaving a balance of Rs. 10,293.92 P. When the balance was not paid, the suit out of which this appeal has arisen was instituted against the defendant on 6-8-63 for the recovery of Rs. 10,293.92 P. as principal and Rs. 721/- by way of interest at the rate of 12% per annum total Rupees 11,014.92 P. The defendant contested the suit and pleaded that Rajasthan Textile Mills is not a legal person and no suit was maintai...
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN(UC)275
C.M. Lodha, J.1. This is a plaintiffs' second3 appeal arising out of a suit for redemption of a house situated near Sodagaron-ki-Masjid in the city of Jodhpur.2. The plaintiffs' case as set in the plaint was that their ancestors mortgaged the house in question in samwat Year 1938 in the month of Srawan for a sum of Rs. 110/- 'Bijai sahi' in favour of the defendants' ancestors. It was prayed that a decree for possession of the house by redemption may be granted on payment of Rs. 90/- equal to Rs. 110/- 'Bijai Sahi' coin prevalent in the former State of Jodhpur. The alleged mortgage was denied by the defendants, and they also pleaded bar of limitation.3. After recording the evidence produced by the parties the trial court dismissed the suit, and its judgment and decree were upheld by the learned District Judge, Jodhpur. Hence this appeal.4. It may be stated at the very outset that this appeal does not involve any question of law. The only question for decision is whether the mortgage set...
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN(UC)61
J.P. Jain, J.1. This is an appeal by the State of Rajasthan against an order of the Special Judge for Rajasthan, Jaipur City, whereby the proceedings in the special criminal case No. 13/1971 (6/1968) against the three respondents were quashed and they were discharged for want of sanction Under Section 196A, Cr.P.C.2. This case has a chequered history but it is not necessary for us to trace it from the date the proceedings originated. It is enough to state the facts in short and from the time the three respondents, (1) Shree Laxman Singh Deputy Superintendent of Police, (Wireless Deptt.) Jaipur; (2) Shri Mahesh Chandra Sharma, Assistant Inspector Wireless Departrmnt, Jaipur during the relevant period, and (3) Shri Ram Prakash Agarwal Proprietor, Messrs Radionics, M.I. Road, Jaipur were put up on trial before the Special Judge Jaipur City, Jaipur for various offences. The learned Special Judge, Jaipur City by his elaborate order dated 24-9-68 examined the allegations made in the charge-s...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1975Raj1
S.N. Modi, J. 1. This is a first appeal by the defendant Bank of Baroda against the judgment and decree of the Additional District Judge No, 2, Jaipur City, dated 11-9-69 in a suit for recovery of Rs. 10,491-63 P. instituted by the plaintiff-respondent Krishna Ballabn. The other respondents Nos. 2 to 5 are the heirs of the deceased N. V. Vakhariya.2, The undisputed facts of the case are these:--N. V, Vakhariya, the husband of respondent-defendant No. 2 and father of respondent-defendants Nos. 3 to 5 carried on business in the name and style of Messrs. Jem Chemical and Pharmaceutical Works in the City of Jaipur upto 28-6-61 on which date N. V. Vakhariya expired. During the relevant--period he was the sole proprietor of the said business. On 19-7-60 he opened a Cash Credit Account with the Bank of Baroda Ltd., hereinafter referred to as the Bank in the name of Messrs. Jem Chemical and Pharmaceutical Works and executed an agreement Ex. A/14 in favour of the Bank. By this agreement N. V. V...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj212
Gupta, J. 1. These two appeals arise out of a motor accident, which took place on May 3, 1966, Shri Rajbahadur Singh reached Kota Junction on the fateful morning by train and took a cycle rickshaw from the railway station to go to Bundi bus stand at Kota in order to catch the bus for Bundi. He had been selected at a competitive examination for the Rajasthan Judicial Service, occupying the fifth position ,and after undergoing the necessary training at Alwar, he was posted as Munsif Magistrate, Bundi. It was his first assignment in the State service and he was to join his duties as a Munsif Magistrate on May 3, 1966, at Bundi. But destiny willed otherwise and while the rikshaw in which Shri Rajbahadur Singh was sitting, was proceeding from Brij Talkies crossing on the slope leading towards the Bundi bus stand, a passenger bus, bearing registration No. RJR 915 came from behind. The bus collided in the first instance with Jeep No. DLJ 1329, which was at that time parked towards the left si...
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN36
D.P. Gupta, J.1. These two appeals arise out of a motor accident, which took place on May 3, 1966 Shri Rajbahadur Singh reached Kota Junction on the fateful morning by train and took a cycle rickshaw from the railway station to go to Bundi bus stand at Kota in order to catch the bus for Bundi. He had been selected at a competitive examination for the Rajasthan Judicial Service, occupying the fifth position and after undergoing the necessary training at Alwar, he was posted as Munsiff-Magistrate, Bundi. It was his first assignment in the State service and he was to join his duties as a Munsiff-Magistrate on May 3, 1966, at Bundi. But destiny willed otherwise and while the rickshaw in which Shri Rajbahadur Singh was sitting, was proceeding from Brij Talkies crossing on the slope leading towards the Bundi bus stand, a passenger bus, bearing registration No. RJR 915 came from behind. The bus collided in the first instance with Jeep No. DLJ 1329, which was at that time parked towards the le...
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