Court : Rajasthan
Decided on : Feb-22-1967
Reported in : AIR1968Raj48
V.P. Tyagi, J.1. This defendants' second appeal raises an important question about the true scope of presumption under Section 108 of the Evidence Act, and it arises out of the following circumstances:2. Ram Prasad had a house in village Gulgaon where he also held certain agricultural land. He was not heard of by his wife Mst. Pani for more than seven, years and therefore she made a gift of the property of Ram Prasad in favour of plaintiff Ram Dayal on 4th June, 1962, assuming that Ram Prasad had died. The plaintiff contended that he came in possession of these properties after the same were gifted to him by Mst. Pani but on 20th July, 1962, the defendants-appellants Mst. Narbada and Bhura-lal forcibly took possession of these properties and therefore a suit was filed by the plaintiff for the declaration that he was the real owner of the properties.3. The defendants contested the suit and pleaded that Ram Prasad was alive on the 4th June, 1962, when the gift deed was executed by Mst. P...
Tag this Judgment!Court : Rajasthan
Decided on : May-12-1967
Reported in : AIR1968Raj99
Kan Singh, J.1. This is an appeal under section 39 of the Arbitration Act and is directed against the judgment and decree of the learned District Judge, Bikaner, dated 28-10-1963, whereby the learned Judge awarded a decree of Rs. 4,26,528.90 paise in favour of the respondent and against the appellant on the basis of an award given by Shri S.P. Lal Deputy General Manager, Northern Railway on 12-2-1963 consequent to the dismissal of the objections filed by the appellant against the validity of the award The respondent has also filed a cross-objection and has prayed that interest be awarded on the amount decreed by the District Judge from the date of the decree till the realisation of the decretal amount. The main question that arises for consideration is about the validity of the award and we may briefly state the relevant facts as follows:2. The respondent firm was engaged as contractor by the Northern Railway for the purpose of performing all the work of porterage of goods at the vario...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-01-1967
Reported in : AIR1968Raj249
ORDERJagatnarayan, J.1. This is an election petition under Section 80 of the Representation of the People Act, 1951 challenging the election of Vishveshwar Nath Bhargava-respondent to the Lok Sabha from the Ajmer Parliamentary Constituency. The petition has been filed by one Ramlal, an elector of the Constituency. It has been contested the by returned candidate.2. The grounds on which the petition is based appear from the following issues which were framed in the case:1. (A) Is the office of pramukh of a Zila Parishad in Rajasthan (1) under the Government and is it (2) an office of profit within the meaning of Article 102(1)(a) of the Constitution? 1. (B) Is the amount of Rs. 300/- which respondent No. 1 was admittedly entitled to draw as Pramukh of Zila Parishad Salary or honorarium or compensatory allowance? 1. (C) Did respondent No. 1 not draw the above amount from the second week of January 1967 up to the date of election? If so, what is its effect? 1. (D) Is the office exempt abov...
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