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Judgment Search Results Home > Cases Phrase: mediation Court: rajasthan Year: 1977 Page 1 of about 26 results (0.047 seconds)

Sep 23 1977 (HC)

Nemi Chand and ors. Vs. the Urban Improvement Trust, Bharatpur

Court : Rajasthan

Decided on : Sep-23-1977

Reported in : AIR1978Raj45; 1977()WLN634

orderp.d. kudal, j. 1. this revision petition under section 115, c.p.c. is directed against the order of the learned district judge, bharatpur dated 12th august, 1974, whereby the order issuing injunction of the learned munsiff, bharatpur dated 1st june, 1976 was reversed.2. the brief facts which are relevant for the disposal of this revision petition are that the plaintiffs nemi chand and others filed a suit for permanent injunction against the urban improvement trust, bharatpur. an application under order 39, rules 1 and 2, c.p.c. was also filed praying that the defendant be restrained from auctioning the suit land. the learned munsiff initially issued an injunction in favour of the plaintiffs against the defendant on 15th may, 1974. after hearing the parties the injunction was confirmed on 1-6-1974. the defendant feel-ing aggrieved filed an appeal before the learned district judge, bharatpur. the appeal was allowed by the learned district judge on 12th august, 1974, and the order of the trial court was set aside. the plaintiffs feeling aggrieved by the order of the learned district judge have come up in revision before this court.3. on behalf of the plaintiff-petitioners, it was contended that the learned district judge has erred in law in vacating the injunction order issued by the trial court, it was further contended that the learned lower appellate court acted illegally and with material irregularity in exercise of its jurisdiction in holding that the plaintiffs had no .....

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Jun 03 1977 (HC)

Karnail Singh Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Jun-03-1977

Reported in : 1977WLN258

k.d. sharma, j.1. this is an appeal filed by karnail singh against the judgment of the learned additional sessions judge, hanumangarh, dated 5th march, 1976, by which the appellant was convicted under section 307, i.p.c. and section 27 of the arms act and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of rs. 500/-, in default of payment of fine to further suffer rigorous imprisonment for six months on the first count and on the second to undergo rigorous imprisonment for six months and to pay a fine of rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for one month. both the substantive sentences of imprisonment were, however, ordered to run concurrently.2. the incident that led to the prosecution of the appellant may be briefly described as follows on 14th december, 1974, mangal singh's wife inder kaur purchased agricultural land measuring 8 bighas in all situated in chak no. m.k.s 20 of village manaksar, tehsil sangaria, district sri ganganagar, for a sum of rs. 16000/-, from jagir singh son of asha by caste arai vide registered sale-deed of the same date and got possession over it. after the land was purchased, inder kaur's husband mangal singh and his son jeet singh started cultivating it. on 26th february, 1975, at about 8 or 9 a.m. jeet singh accompanied by his younger brother balbir and sardara teli went to his land for digging a water-channel. sardara teli was employed by jeet singh to dig the water-channel. .....

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Mar 11 1977 (HC)

Nand Lal and ors. Vs. Board of Revenue and ors.

Court : Rajasthan

Decided on : Mar-11-1977

Reported in : 1977WLN(UC)118

rajindar sachar, j.1. the respondents no. 2 and 3 filed a suit for a declaration that the land mentioned therein has been purchased by them from bahadur khan and mst. hamidan by a registered sale deed on 29-5 1963 for rs. 2000/- and claiming that they should be declared khatedar-tenant. the suit of the respondents no. 2 and 3 was dismissed on 13-10-1965 by the assistant collector. respondents no. 2 and 3 filed an appeal before the revenue appellate authority being the appeal no. 733/1965.2. it appears that the petitioners to the writ petition also claimed that they had purchased the land from the said bahadur khan and mst. hamidan by a registered sale-deed sometime on 13 3-1964 for rs. 3000/-. on the basis of the said claim a mutation was affected in their favour on 25-3-1964. respondents no 2 and 3 were aggrieved and went in appeal to the collector, who remanded the matter back for further enquin. aggrieved against that order the petitioners filed an appeal no. 600/1966 before the revenge appellate authority. the petitioners also, after dismissal of the suit of the respondents no 2 and 3 by the assistant collector, filed a suit under section 183 of the rajasthan tenancy act (to be called as 'the act') for eviction of the respondents on the ground that the) had no title to the land. respondents no. 2 and 3 applied to the assistant collector to stay the said suit, but the same was dismissed by the assistant collector by his order dated 11-8-66. aggrieved by that order the .....

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May 06 1977 (HC)

Smt. Kesar Bai Vs. the Rajasthan Board of Revenue and ors.

Court : Rajasthan

Decided on : May-06-1977

Reported in : 1977WLN(UC)164

1. this writ petition by smt. kesar bai widow of mishrilal directed against the order of the board of revenue dated 1.2.1966 reviewing its earlier order dated 23.2.1962, as also its subsequent order dated 29.2.1968, raises the question whether or not the india succession act, 1925 (which will hereinafter be referred to as 'the act) or any corresponding law requiring attestation of wills, was in force in the erstwhile princely state of bundi.2. the petitioner's husband mishrilal was a recorded khatedar tenant of 70 bighas and 7 biswas of land situate in village heerapur in the former state of bundi. it is alleged that be left a will bequeathing the estate to his sister's son mudulal, the respondent no. 3. the original will is not forthcoming and, therefore the exact date of its execution is not known. but there is on record a certified copy of the statement of dw/6 hukamchand sharma, recorded in the court of the sub-divisional officer, bundi showing that the alleged will, exhibit d/2, was registered on 2.5.1946. mishrilal died on 8-10-1950 i.e., after the merger of the bundi state. on the strength of the will, he got his name mutated as the khatedar. the mutation proceedings were contested by the petitioner, who is the widow of mishrilal, right up to the board of revenue, but with no avail.3. thereafter, she brought the present suit-for possession under section 183 of the rajasthan tenancy act, 1955, claiming to be entitled to the lands as being the rightful heir alleging that .....

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Jan 25 1977 (HC)

Uchab Kanwar Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-25-1977

Reported in : 1977WLN(UC)14

m.l. joshi, j.1. this is a writ petition under article 226 of the constitution of india wherein the petitioner has prayed for quashing the order of sub-divisional officer dated 18th of october, 1975 (ex. 3) and the order dated 22nd of october, 1975 of the revenue appellate authority bikaner (ex. 4).2. this facts giving rise to this petition briefly stated are as follows: one deceased khivsingh was holding 440 bighas of nahari land. khiv singh died on 7th of august, 1966 leaving behind him two sons karni singh and nathusingh and three daughters uchabkanwar (petitioner) smt. jatankanwar and smt. pusupkanwar besides two widows smt. jaskanwar and smt. bhim kanwar. according to the petitioner, on the death of khivsingh the land held by deceased khivsingh devolved upon his heirs, namely, sons, daughters and widows and the petitioner received her share in the land by succession which was recorded in the jamabandi by mutation in her favour.3. the further case of the petitioner is that in pursuance of chapter iiib of the rajasthan tenancy act deceased khivsingh submitted a declaration regarding the lands held by him but no progress could be made in the matter of determination of the ceiling area in respect of the land held by him during his life time. the sub-divisional officer hanumangarh, however, by his order dated 5-11-73 in the course of determination of the ceiling area came to hold that out of the heirs of deceased khiv singh only nathu singh and karnisingh were entitled to .....

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Mar 10 1977 (HC)

Kesari Lal Vs. Sub-divisional Officer, Ramgajmandi and ors.

Court : Rajasthan

Decided on : Mar-10-1977

Reported in : AIR1977Raj229

sachar, j.1. this petition has been filed against the judgment of the board of revenue against the proceedings under ceiling law which were started against one smt. chandrakanta under chapter iii-b added to the rajasthan tenancy act, 1955 (hereinafter to be called the 'old law').2. the land was originally recorded in the name of one smt. gulab bai, who had adopted govindlal, son of petitioner no. 1. after the death of smt. gulab bai, the land was recorded in the name of govindlal and after his death, in the name of smt. chandrakanta, who was recorded as the khatedar tenant. since she was holding the land in excess of the ceiling area, notices were issued to her and the present petitioners joined the proceedings and claimed one-fourth share in favour of each of the three petitioners and one-fourth share in favour of bam narain, another son of kesharilal. an effort was made before the authorities to contend that the petitioners were in possession of the land since 1957 on the basis of one mutation entry made in that year, though that entry was not repeated subsequently. the authorities below have come to the conclusion that in view of the entry in the name of smt. chandrakanta as a khatedar tenant, the land must be presumed to belong to her and on that basis surplus area has been determined under chapter iiib of the rajasthan tenancy act, taking smt. chandrakanta as a khatedar tenant. the petitioners having failed in the proceedings before the board of revenue, have come up to .....

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Sep 30 1977 (HC)

Sangram Singh Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Sep-30-1977

Reported in : 1977WLN379

kalyan dutta sharma, j.1. these two appeals-one filed by sangram singh and another preferred by madan singh son of ugam singh and laxmi narain alias laxman arise out of a common judgment passed by the learned sessions judge, jaipur city, on 19th february, 1973, in sessions case no. 24 of 1971 convicting and sentencing each of the three appellants in the following manner: 1. sangram singhi) under section 120b r/w five years' r.i. and a fine of rs.section 457, i.p.c. 200/-, in default to suffer further simple imprisonment for two months.ii) under section 120b r/w three years' r.i. and a fine of rs.section 330, i.p.c. 200/-, in default to suffer further simple imprisonment for two months.iii) under section 120b r/w two years, r.i.section 411, i.p.c.iv) under section 120b r/w two years' r.i.section 414, i.p.c.v) under section 109 r/w s. five years' r.i. and a fine of rs.457, i.p.c. 200/-, in default to suffer further simple imprisonment for two monthsvi) under section 109 r/w three years' r.i. and a fine of rs.section 380, i.p.c. 200/- in default to suffer further simple imprisonment for two months.vii) under section 411, i.p.c. two years' r.i.viii) under section 414, i.p.c. two years' r.i. 2. madan singhi ) under section 120b r/w seven years' r.i. and a fine of rs.section 457. i.p.c. 200/-in default of payment of fine to suffer further simple imprisonment for two months.ii) under section 120b r/w five years' r.i. and a fine of rs.section 380, i.p.c. 200/-, in default to suffer .....

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Apr 07 1977 (HC)

Bhawani Singh Vs. the State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-07-1977

Reported in : 1977WLN273

d.p. gupta, j.1.the facts of this case lie in a narrow compass. the petitioner was elected as a sarpanch of the gram panchayat, sildar in tahsil sirohi. the total strength of the aforesaid gram panchayat as fixed by the state government is 13 panchas, besides a sarpanch. on july 28, 1971, eight of the panchas of gram panchayat, sildar gave notice of a motion of no-confidence against the petitioner in respect of the office of sarpanch. the aforesaid notice of no-confidence was addressed to the collector, sirohi & the case of the petitioner is that it was presented by the eight panchas before the collector, sirohi. it appears that the collector forwarded the aforesaid notice of motion of no-confidence to the deputy district development officer, (hereinafter referred to as 'the d.d.d.o.,) sirohi who was the competent authority in the matter and the d.d.d.o. on receiving the aforesaid notice of motion of no-confidence, called a special meeting of the panchayat on september 13, 1971 for consideration of the motion of no-confidence and authorised the tehsildar, sirohi, to preside over the said meeting of the gram panchayat notices in respect of holding of the special meeting of the panchayat for considering the motion of no-confidence against the petitioner from the office of sarpanch were sent by the d.d.d.o. to all the members of the gram panchayat sildar, including the petitioner. the meeting took place on september 13, 1971 as scheduled and 11 members of the panchayat, .....

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Feb 19 1977 (HC)

Samela Ral Vs. the Additional District Development Officer and ors.

Court : Rajasthan

Decided on : Feb-19-1977

Reported in : 1977WLN(UC)56

a.p. sen, actg. c.j.1. these two writ petitions involve common question and, therefore, they are disposed of by this common order.2. the petitioner was elected as sarpanch of the gram panchayat, ren on 10-5-1968. the gram panchayat consisted of 11 panchas and a sarpanch i.e. 12 in all. at a meeting held on 7-12-1972 the gram panchayat by its resolution no. 3 expressed their no-confidence in the petitioner. the motion of no-confidence was carried unanimously. as a result, the office of the sarpanch became vacant under section 19(2) of the rajasthan panchayat act, 1953. the petitioner by these two writ petitions challenges the validity of the motion of no-confidence on the ground that three of the panchas viz., nazira, razak and bhikaram having absented themselves from the five consecutive meetings of the panchayat held on 29-10-1972, 5-11-1972, 12-11-1972, 19-11-1972 and 26-11-1972, they ceased to be panchas under section 17(2) of the act and, therefore, their participation at the meeting held on 7-12-1972, which passed the motion of no-confidence was rendered invalid. on 17-12-74, this court in s.b. civil writ petition no. 3340 of 1974 declined to grant an ad-interim writ in the terms prayed for. it directed that the petitioner was not functioning as sarpanch and the work shall be carried on by the up-sarpanch, but the respondents no. 1 and 2 were restrained from holding a fresh election for the office of the sarpanch till the disposal of the writ petition.3. the petitioner .....

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Aug 09 1977 (HC)

Jagdish Prasad Vs. Kapoor Chand and ors.

Court : Rajasthan

Decided on : Aug-09-1977

Reported in : AIR1978Raj61; 1977WLN(UC)307

ordera.p. sen, j.1. this is a defendant's revision under section 22 of the rajasthan premises (control of rent and eviction) act, 1950 (hereinafter to be referred to as 'the act') directed against the judgment and decree of additional civil judge no. 2, bharatpur, camp gangapur, dated oct. 3, 1970, reversing the judgment and decree of the munsif, hindaun, dated may 18, 1966. and decreeing the plaintiff's suit under section 6 of the act, whereby the learned additional civil judge has decreed the plaintiff's claim reducing the rent of two shops in hindaitn from rs. 80/- per mensem to rs. 20/- per mensem.2. this litigation has had a chequered career. the parties are closely related and also stand in the relation of landlord and tenant. the demised premises comprise of two shops in the heart of business locality of hindaun. joharilal's daughter was married to ram sahai, father of kapoor chand. while jagdish prasad who is another daughter's son of johari lal, was taken in adoption by him. kapoor chand's father ram sahai being in indigent circumstances. johari-lal brought the family to hindaun and set them up in business. the demised premises were given to ram sahai in svt. year 1987 for starting a business, and johari lal helped him with money to set up the business. it appears that the rent charged for the two shops was rs. 8/- per mensem.3. in svt. year 2007, johari lal took the defendant jagdish prasad in adoption and made a gift of substantial property comprising of one house .....

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