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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: rajasthan Year: 1973 Page 1 of about 19 results (0.009 seconds)

Aug 16 1973 (HC)

Permanand and anr. Vs. Smt. Anandi Bai and ors.

Court : Rajasthan

Decided on : Aug-16-1973

Reported in : AIR1974Raj65; 1973()WLN643

..... the band of another person, or that if another person does sign it on the addressee's behalf the presumption is thai it never was delivered to the addresser himself mediately of immediately for instance', if a servant in the addressee's house saw a notice handed in by the postman carried to the addressee, and handed to him that servant .....

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Jan 31 1973 (HC)

Dhanni and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-31-1973

Reported in : 1973CriLJ1336; 1973()WLN153

lodha, j.1. the above two appeals arise out of the judgment of the learned sessions judge, bharatpur dated 2-5-1970 by which he convicted dhanni under section 302 of the indian penal code and sentenced him to imprisonment for life. the co-accused tota. nasira, juma, subhan and patri were, however, acquitted of all the charges. aggrieved by his conviction dhanni has filed appeal to this court which has been registered as d. b. criminal appeal no. 337/70. so also dissatisfied with the order of acauittal passed in favour of the other five accused, the state has filed appeal and the same has been registered as d- b. criminal appeal no. 768/71. at this stage, we may mention that during the pendencv of these appeals. tota has died. consequently, the appeal filed by the state affainst tota has abated and we are therefore, only concerned with the five accused, namely dhanni, nasira, juma, subhan and patri.2. there is a field khasra no. 476 called 'bandhwala khet' situated in village chulhera. this field originally belonged to shivram. the prosecution case is that in samwat 2025 shivram sold away this field to bholisin? p. w. 3 and the deceased gabdu used to cultivate it as a tenant of bholising. it appears that there was a dispute between bholisins on the one hand and the accused tota on the other regarding the ownership and possession over this field. on 7th december 1968 at about 9 in the morning, it is alleged by the prosecution that p. w- 2 govind singh and p. w, 5 nathisingh, .....

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Mar 09 1973 (HC)

State of Rajasthan Vs. Raghunath Singh

Court : Rajasthan

Decided on : Mar-09-1973

Reported in : AIR1974Raj4; 1973()WLN424

jain j.1. this appeal by the defendant state arises out of the original civil suit no. 16/62, instituted by the respondent raghunath singh, for the recovery of rs. 70,151.32 as damages for breach of contract and which has been partly decreed by the senior civil judge no. 2 jaipur city, on 28-2-1966.2. briefly put, the plaintiff raghunath singh's case is that he was in anted a minor mineral lease for lime-stone of the mines, known as dawa and seelva in tehsil nokha. district bikaner. rajasthan, consisting of an area of 40 acres for a period of five years on an yearly dead rent of rs. 6195/- on the terms and conditions given under the raiasthan minor mineral concession rules, 1955. this mining lease was granted by the director of mines and geology government of rajasthan. udaipur. the sanction was conveyed to the plaintiff by the assistant mining engineer, bikaner. by his letter, dated 4-7-1957 (ex. 26). the deputy director (administration) of mines and geology also communicated this fact to him by his letter, dated 5-7-1957 (ex. 25). the plaintiff then deposited an amount of rs. 1550/- by wav of security with the assistant mining engineer, bikaner. on 8th august. 1957. he also completed the other formalities regarding demarcation etc. of the area in question. by letter, dated 9-10-1957 (ex. 5). the plaintiff was also informed to commence his work. plaintiff raghunath singh further deposited rs. 1550/- on 28th october, 1957, as another part of the security deposit amount. he .....

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Dec 03 1973 (HC)

Hetram and anr. Vs. Bhader Ram and anr.

Court : Rajasthan

Decided on : Dec-03-1973

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 paid for the land. it was further alleged that the land being undivided ancestral property, their father gangaram had no power to sell it. they also pleaded that their father had no debts to repay and consequently, the sale was without any legal necessity or for the benefit of the estate. it was also mentioned in the plaint that both the plaintiffs hetram and sahabram were minors at the date of the sale transaction. on these allegations, the plaintiffs prayed that the sale-deed in question be .....

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Jan 18 1973 (HC)

Smt. Ramniwasi Vs. Madanlal

Court : Rajasthan

Decided on : Jan-18-1973

Reported in : AIR1973Raj295; 1973()WLN65

kan singh, j.1. the appeal before me is by a caveator under section 299 of the indian succession act, 1925 read with section 96, civil p. c. and is directed against the judgment of the learned district judge. jodhpur, dated 29-9-1970 granting letters of administration with a copy of the wills annexed regarding the estate of one smt. ramkanwari deceased in favour of the respondent madanlal.2. smt. ramkanwari was a widow having no children and was aged about 80 at the time of her death on 30-12-1963. she became a widow at an early age. she had two houses, which she inherited from her husband, situated in what is known as peepliwali gali, jodhpur. they are said to be worth rs. 6,000/-. she also had household effects worth rs. 200/- or so. also she had an account with one sunderdas kanhaiyalal. rs. 1126/- were in deposit with sunderdas kanhaiyalal in the name of the deceased. she had to pay rs. 380/- to one narayandas. on an application by one anant ram the collector of jodhpur took proceedings in escheat in respect of the property left by deceased ramkanwari as it was given out that smt. ramkanwari had died heirless. madanlal contested the escheat proceedings and came forward with two documents alleged to be executed by the deceased in his favour and they purported to be the wills made by ramkanwari during her lifetime. the collector appointed a receiver for the property of ramkanwari and eventually directed madanlal to obtain letters of administration or probate in respect of .....

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Jan 20 1973 (HC)

Lt. Col. Maharaj Himmatsingh and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-20-1973

Reported in : AIR1973Raj254; 1973()WLN107

beri, j.1. these appeals are directed against a iudgment of the learned single judge dated july 27, 1972, but. it is based on the reasons given in the iudgment dated april 18. 1972 in 492 writ petitions, relating to lands occupied by persons in raiasthan canal area.2. the appellants' case is that the jagirdar of sattasar sranted in 1948. large chunks of land to the appellants and issued 'sanads' to them. the sattasar jaeir was resumed under the raiasthan land reforms and resumption of jagirs act (act vi of 1952] on august 15. 1954. the appellants paid all amounts due against them by wav of land revenue on the said lands from the vears 1948 to 1955 and they became khatedar. tenants within the meaning of the word in the bikaner state tenancv act. the appellants also contend that the revenue or rent have been realised from them for the period from 1953 to 1962.3. on october 15, 1955, the raiasthan tenancy act. 1955 (hereinafter called 'the tenancv act') came into force. under section 15 thereof, any person who was a tenant became a khate-dar tenant entitled to the rights under the tenancv act and the appellants claim that thev acauired such rights. thev further contend that their khatedari rights were confirmed by the commissioner. bikaner. by his order dated october 21. 1957. the appellants further say that the lands which were given to them by the sanad was 'baniar' (barren) and the appellants reclaimed and cleared the land for cultivation and started cultivation in the vear .....

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Mar 21 1973 (HC)

Vijay Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Mar-21-1973

Reported in : 1973(6)WLN385

p.n. shinghal, j.1. the petitioner was serving as head constable in police lines, sirohi, when he was placed under suspension on february 22, 1964. the superintendent of police ultimately passed an order (ex. 1) on june 10, 1965 reverting him to the post of constable for a period of six months and forfeiting half his salary for the suspension period. the deputy inspector general of police thereupon issued a notice (ex-2) to the petitioner on april 12, 1966 to show cause why the penalty should not be enhanced in view of the gravity of the charges against him. the petitioner contested that notice on the ground, inter alia, that an action for the enhancement of the penalty had not been initiated within six months, it was not permissible to enhance the penalty. the deputy inspector general, however, enhanced the penalty by order ex.3 dated july 26, 1966 by reducing the petitioner to the rank of constable for a period of two-and a-half years. he however allowed him the maximum pay of the constable's grade & further directed that, after the completion of the period of his reversion, he would get the same pay which he was getting on the date of the order. the petitioner preferred an appeal to the state government, which was referred to the rajasthan public service commission. the commission expressed the view that there was no force in the appeal, and it was dismissed by the government by order ex 4 dated january 29, 1968. he has now approached this court by means of the present .....

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Mar 27 1973 (HC)

Shri Ram Vs. the State

Court : Rajasthan

Decided on : Mar-27-1973

Reported in : 1973CriLJ1443; 1973()WLN401

l.s. mehta, j.1. the prosecution story, in brief, is that on november 1, 1968, at about 8.30 p. m., prabhu narain p. w. 3, gopal, p. w. 4, radhey shyam, p. w. 5, mohan lai, p. w. 6 and ram chander (deceased) were passing through chaura rasta, jaipur city. on their taking a turn towards tarkeshwarji's temple, some 8 to 10 persons confronted them near jadiyon-ka-rasta in front of the state bank of bikaner and jaipur. there accused bhairon prevented ram chander and others from proceeding ahead. in the meantime 7 or 8 other persons, including accused madan, shri ram, aziz, jagdish and gopal appeared on the spot. they were armed with sticks. shri ram assaulted prabhu with a hockey-stick. that weapon was subsequently grabbed by prabhu. thereafter accused gopal and madan assaulted gopal lai yadav p. w. 4. the latter sustained certain injuries. then accused aziz inflicted a lathi blow on gopal's head. the victim fell down. soon after shri ram waived his knife. he wanted to thrust it into gopal's abdomen. gopal, however, turned aside to ward off knife-injury. the knife, however, struck his thigh. thereafter ram chander appeared on the spot. he told shri ram, 'will you kill him'? this infuriated shri ram and he immediately gave a knife blow to ram chander as a result thereof the latter got an injury on his abdomen. ram chander fell down. he was first taken for first-aid to p. w. 2 gopal krishna, compounder of the private dispensary, guru pharmacy, chaura rasta, jaipur. gopal krishna .....

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Mar 28 1973 (HC)

Smt. Gulab Bai Vs. Ram Pratap

Court : Rajasthan

Decided on : Mar-28-1973

Reported in : AIR1973Raj307; 1973()WLN295

orderc.m. lodha, j. 1. this is a revision application by the defendant from the order of the munsiff, kota dated 19-8-1972 in civil original case no. 290 of 1970, by which the learned munsiff, allowed the application moved by the plaintiff-respondent under section 152, civil procedure code and directed that the preliminary decree be amended and a direction be added in the decree that the plaintiff is entitled to get interest at the rate of 24% per annum from 1-10-1969 (date of the suit) to 11-1-1971 (date of preliminary decree) and at the rate of 6% per annum from 12-1-1971 till the realisation of the amount. 2. the facts leading to the proceedings out of which this revision arises are not in dispute. the plaintiff-respondent rampartap filed the suit for recovery of rupees 3600/- along with costs and interest against the defendant-petitioner and prayed that in case the defendant did not pay the amount within such period as may be fixed by the court, a direction may be given for sale of the mortgaged property. after trial the learned munsiff, kota passed a preliminary decree on 11-1-1971 under order 34, rule 4, civil procedure code for a sum of rs. 3600/-and it was further ordered that the defendant shall pay into the court the said amount by 30th april, 1971 and in default of payment as aforesaid the plaintiff may apply to the court for a final decree for the sale of the mortgaged property. 3. on account of failure of the defendant to pay the amount and on an application .....

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May 02 1973 (HC)

D.S. Bhandari Vs. State of Rajasthan

Court : Rajasthan

Decided on : May-02-1973

Reported in : 1974CriLJ1130

m.l. joshi, j.1. the appellant d.s. bhandari has been convicted by the learned special judge for rajasthan jaipur city hereinafter called the special judge under section 420 i.p.c. and section 468 i.p.c. and sentenced to undergo 6 months' rigorous imprisonment and to pay a fine of rs. 100/- on each count. he has also been convicted and sentenced under section 5(1) (d) r/w section 5 (2) of the prevention of corruption act. 1947. to undergo one year's rigorous imprisonment and to pay a fine of rs. 100/- and in default of payment of fine to further undergo two months' rigorous imprisonment. being aggrieved, the appellant has come up in appeal before this court.2. the appellant d.s. bhandari was serving and functioning as a development officer life insurance corporation of india, hereinafter called the l. i. c. at sumerpur under branch office pali raiasthan. while functioning in that capacity it is alleged by the prosecution that he secured two insurance policy proposals nos. 7245-323 and 6747-323 for an amount of rs. 10, 000/- and rs. 20, 000/-reapectively from one dayalal shah of village arepura on 20th of january, 1965. although the prosecution alleged that the accused had wrongly shown the village bairemi. the prosecution case is that dayalal shah whose proposal forms for insurance were got filled by the accused was suffering from paralysis since 30th of october. 1959. and also from high blood pressure and consequently was not at all a fit person to be insured under the rules .....

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