Court : Rajasthan
Decided on : Feb-24-1975
Reported in : AIR1975Raj138; 1975()WLN41
C.M. Lodha, J.1. This is a defendant-tenant's second appeal arising out of a suit for arrears of rent and ejectment in respect of a portion of house situated in Chokri Vish-wesarji in the city of Jaipur. The house is popularly known as Nanaji ki Haweli and originally belonged to Thakur Devraj Singh fromwhom the plaintiffs purchased it by a registered sale deed dated the 25th July, 1960. The plaintiffs had already been running a private college named Jaipur College in a part of this Haweli before they purchased it and the defendant was occupying a portion of the 'Haweli' as Thakur Devraj Singh's tenant on a monthly rent of Rs. 80/-. He attorned in favour of the plaintiffs after they had purchased the whole house. The plaintiffs' case is that they required the premises leased out to the defendant for their own residence as well as for the purpose of providing a hostel for the scholars of the Jaipur College and Vidhya Mandir College so as to run both the institutions efficiently and ultim...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-28-1975
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
Decided on : Aug-29-1975
Reported in : AIR1976Raj86; 1975()WLN502
V.P. Tyagi, J.1. Mr. J.S. Bhati has filed this appeal under Section 22A of the Chartered Accountants Act, 1949, (hereinafter called 'the Act') challenging the correctness of the order dated 14th September, 1973, passed by the Council of the Institute of Chartered Accountants of India.2. The brief facts giving rise to this appeal are as follows:The appellant is the proprietor of the firm of Chartered Accountants named as M/s. Bhati and Company, Bikaner. It is alleged that the appellant had audited the accounts of Shri Patel Primary School, Sri Ganganagar continuously for the years 1965 to 1969 asthe auditor of the said institution. For 1969-70 respondent Shri M.L. Agrawal, the proprietor of the firm of Chartered Accountants carrying on his business in the name and style M/s. M.L. Agrawal & Co., was appointed as the auditor to audit the accounts of Shri Patel Primary School, Bikaner. It is said that the manager of the said school again appointed the appellant to audit its accounts for tw...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-28-1975
Reported in : AIR1975Raj232; 1975()WLN172
V.P. Tyagi, J. 1. This appeal is directed against the judgment of the Motor Accidents Claims Tribunal, Jodhpur, dated January 28, 1970, whereby the claim of the appellant Johrilal under Section 110-A of the Motor Vehicles Act, 1939, for a sum of Rs. 15,000/-. was dismissed by the said Tribunal. 2. Facts giving rise to this litigation, in a nut-shell, are as follows: Johrilal, appellant, was an employee of Hindustan Aeronautics. On November 2, 1967, he borrowed a scooter rickshaw from Radha Vallabh (P. W. 1) with a view to pay visits to his friends on the occasion of 'Deepawali'. Joharilal himself was driving that scooter rickshaw and he went from Nagauri gate towards the main road which connects Paota to Mandore. When Johrilal reached the junction of Nagauri gate road and the Mandore road he saw an army truck bearing No. B. C. 22229 coming fast from Paota side on the Mandore road. Looking to the speed of the truck Joharilal thought it proper to stop his vehicle on the Nagauri road near...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-1975
Reported in : AIR1976Raj56; 1975()WLN631
V.P. Tyagi, J. 1. This is defendant's first appeal against the judgment and the decree of the learned Additional District Judge No. 2, Jaipur City dated 21st September, 1974.2. There is a building situate on the Mirza Ismail Road, Jaipur known as Bhagwat Bhawan. A part of this building was rented out to defendant M/s. General Auto Agencies for the rent of Rs. 425 per month. According to the plaintiff this part of the building was sold by the owners of the building to the plaintiff on 7th November, 1963, for Rs. 48,499, Shri Mangilal the proprietor of the building who sold it to the plaintiff wrote to the defendant on 7th December, 1968 that the premises had been purchased by the plaintiff, and, therefore, rent may henceforth be paid to the plaintiff. This notice was received by the defendant firm on 13th December, 1968 and it is alleged that thereafter the defendant started paying rent at the rate of Rs. 425 per month to the plaintiff and continued to pay it till February, 1969. It app...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-08-1975
Reported in : AIR1976Raj34; 1975()WLN577
ORDERM.L. Joshi, J.1. This petition, under Article 226 of the Constitution of India seeks by appropriate writ, direction or order quashing of the notice Annexure 5 of the Principal and Controller of S. M. S. Medical College dated 15th of May. 1975, and as a consequence it is prayed that the respondents Nos. 1 and 2 be directed to hold selection of the students to the postgraduate medical training in accordance with the criteria laid down in the regulation framed under Section 33 of the Indian Medical Council Act hereinafter called the Act,2. Certain facts giving the background of this petition deserve to be noticed to understand the nature of the relief and the circumstances in which it is being asked for.3. The petitioner passed his final M.B.B.S. Examination from S. M. S. Medical College, Jaipur in May, 1974. Thereafter he completed one year of compulsory rotating internship training which was completed on 14th of May. 1975 and obtained full registration with the Medical Council The ...
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-1975
Reported in : AIR1976Raj68; 1975()WLN437
V.P. Tyagi, J. 1. Both these appeals arise out of the judgment of the learned District Judge, Jaipur District, Jaipur, dated February 7, 1973, in a suit filed by the plaintiff Dayaldas and Co. for the refund of Rs. 10,000/- which was paid to the defendant as an advance money for the purchase of lands Khasra Nos. 261, 266 and 268 measuring 6 Bighas and 9 Biswas. 2. The facts giving rise to this litigagation are, in a nut shell, as follows : Mohanlal defendant entered into an agreement on June 8, 1970, to sell to the plaintiff agricultural land measuring 6 Bighas and 9 Biswas (bearing Khasra Nos. 261, 266 and 268). The plaintiff paid to the defendant as an advance Rs. 10,000/-. It was agreed between the parties that by December 6, 1970, the defendant shall execute the sale deed in favour of the plaintiff and the possession of the plots of land agreed to be sold by the defendant shall be transferred to the plaintiff. One of the conditions of the sale was that out of these three plots of l...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-15-1975
Reported in : 1975WLN(UC)37
ORDER1. The Government of Rajasthan appointed a Standing Selection Committee consisting of the IG of Rajasthan the Home Secretary, Govt. of Rajasthan under their Integration Department Order No F. 3(14) Intg/5, dated 28-4-52 to make selections and substantive fixation as also to determine seniority of Inspectors of Polite. For this purpose the Committee met on 6-8-1952. Shri Hiralal Dungarpuria was officiating as Prosecuting Inspector from 22-4-1951 and reverted us Prosecuting Sub Inspector on 15-5-52 He was not promoted again prior to the meeting of Integration Committee viz. 6-8-1952. Shri Hiralal Dungarpuria was therefore, not interviewed till then (6-8-52) in order to be considered for Integration as an Inspector. He was integrated as Sub inspector with effect from 15-8-52 and assigned seniority at serial No. 87. Since then, he had been making representations for his correct integration among Inspectors of Police on various grounds.2. On scrutinizing the representation of Shri Hira...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-31-1975
Reported in : 1975(8)WLN843
Kan Singh, J.1. This is writ petition under Article 226 of the Constitution by one Jagdish Singh who challenges an order of be Railway Authorities regarding fixation of his relative seniority vis-a-vis respondents Nos. 5 to 14.2. The petitioner was in the set vice of the Northern Railway and posted at Railway workshop at Jodhpur The petitioner entered she service of the Railway as an unpaid Apprentice Mechanic in the year 1950 and had his training. On completion of 5 years training as Apprentice Mechanic he was appointed as a Journeyman in the grade of Rs. 100 185 wish effect from 15.05.55. He came to be promoted as a Chargaman in the grade of Rs. 150 225 on 27.6.57 He was confirmed as Chargeman in the grade of Rs. 150 225 with effect from 14-7-57, Respondents Harbans Singh was confirmed as Chargeman from 26.7.57 Kundan Lal was confirmed on 27.7.57, Shri Vallabh on 28.7.57, Pritam Chand on 9-10-57 and S.K. Chatterji on 21-6-59. Respondents Om Prakash, R.D. Avasthi, Shri Gopal Sahi, Kan...
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1975
Reported in : 1975(8)WLN825
Kan Singh, J.1. These are two writ petitions by a Sarpanch under Article 226 of the Constitution and as they raise common questions, they were heard together. They can conveniently be disposed of by on judgment.2. On 31-8-70 two orders were passed by the Government removing Shri Rewat Dan Sarpanch, from the Office of the Sarpanch of Gram Panchayat, Mathama. In writ petition No. 2027 of 1970, the order of removal is Ex. 4 and in the other writ petition it is Ex. 8. The orders were passed in consequence of the inquiries held against the Sarpanch. I may narrate the facts of the writ petition No. 2027 of 1970 for appreciating the points arising for consideration.3. The petitioner was elected as Sarpanch of the Gram panchayat, Mathura in the year 1960 for the first time. He was again elected as a Sarpanch at the next elections held in the year 1965. He states that as he belonged to Praja Socialist Party and as he had contested the Assembly elections against a Congress candidate, he incurred...
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