Rajasthan Court October 1960 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sunder Rai and ors. Vs. Tarachand and ors.
Court: Rajasthan
Decided on: Oct-31-1960
Reported in: AIR1962Raj161
Ranawat, J.1. This is a civil execution first appeal by Jeevraj judgment-debtor from an order of the senior Civil Judge, Jalore, dated the 1st of September, 1956, dismissing an objection petition filed by the appellant and holding that the execution petition of the decree-holder dated the 10th of July, 1954 was within limitation.2. The facts leading to this appeal may be briefly described as follows:Tarachand, Kundanjnal, sons of Jetha, Kundan-mal son of Megha and Chunilal son of Chaina, obtained a decree for an amount of Rs. 13,429/8/-against Jeevraj on tthe 29th of April, 1949 from the Court of the District Judge, Balotra. The first execution petition was made by the decree-holders on the 3rd of May, .1949 which was dismissed on the 6th of February, 1954 and the second execution petition was presented by Tarachand in the Court of the Civil Judge, Jalore on the 10th of July, 1954. An objection petition was filed by the judgment-debtor on the 12th of January, 1956. It, was pleaded by h...
Raja Babu Kothari and ors. Vs. Sayed Mohammad
Court: Rajasthan
Decided on: Oct-31-1960
Reported in: AIR1961Raj227
C.B. Bhargava, J. 1. This is an appeal by the decree-holders against the decision of the learned District Judge, Bharatpur dated 15th December, 1953 affirming the order dated 20th July, 1953 passed by the learned Civil Judge, Dholpur. 2. It appears that Dhaniram, Sital Prasad and Ayodhya Prasad ancestors of the appellants obtained a decres on 25th February, 1924 for a sum of Rs. 3039/11/3 against one Talib Hussain in whose place the names of the present respondents have been substituted as his legal representatives. In execution of the decree some properties were auctioned and out of the sale proceeds the decree holders were paid Rs. 9041/4/3. The decree was declared satisfied and the execution proceedings were struck off. On 27th January, 1953 respondent No. 1 made an application before the executing court that a sum of Rs. 1665/86 in excess of the amount due under the decree had been wrongly paid to the decree-holders which may be refunded to him. The decree-holders raised objections...
Sahdeo Vijay Kumar Vs. Commissioner of Income-tax, Delhi.
Court: Rajasthan
Decided on: Oct-26-1960
Reported in: [1961]42ITR182(Raj)
RANAWAT, J. - This is a reference under section 66(1) of the Indian Income-tax Act by the Income-tax Appellate Tribunal, Delhi Bench. The following question has been referred :'Whether on the facts and in the circumstances of this case it was incumbent on the Income-tax Officer of give 14 days notice of his intention to refuse the claim for renewal of registration in accordance with the proviso to section 23(4) of the Indian Income-tax Act ?'The facts and circumstances of this case have been described in detail in the statement of this case have been described in detail in the statement of the case and we need not reproduce them. It may be mentioned that Sahdeo Vijay Kumar, Kesrisinghpur, is a partnership firm constituted under an instrument of partnership dated the 5th of January, 1953. The firm started functioning on the 2nd of March, 1951. It was registered under section 26A of the Indian Income-tax Act for the assessment year 1953-54 and 1954-55. The assessee firm made an applicati...
Union of India (Uoi) Vs. Vishwa Deo
Court: Rajasthan
Decided on: Oct-25-1960
Reported in: (1962)ILLJ604Raj
Jagat Narayan, J.1. This application is directed against an appellate order of the District Judge under the Payment of Wages Act. It purported to be under Section 115, Civil Procedure Code and under Article 227 of the Constitution. It was held in Mewar Textile Mills, Bhilwara v. Girdharl Singh 1957 R.L.W. 77 : I.L.R. Raj. 1077 that the authority appointed under Section 15 of the Payment of Wages Act is not a Court within the meaning of the Civil Procedure Code and no revision lies against an appellate order passed under the Payment of Wages Act. This application has been entertained under Article 227 of the Constitution.2. The facts necessary for the disposal of this application are these. The applicant Vishwa Deo, who is a graduate, was recruited as a Clerk in the Jodhpur Railway in 1938. He was in grade Rs. 55-3-85-E.B.-4-125-5-130, when as a result; of the recommendation of the Central Pay Commission, the railway board issued circular No. 49-CPC/Pet/32, dated 8 October 1949, the mat...
Sobla and anr. Vs. Jethmal
Court: Rajasthan
Decided on: Oct-24-1960
Reported in: AIR1961Raj191
ORDERJagat Narayan, J.1. This is a revision application by the judgment-debtors against two orders of the execut-ing court one dated 16th August, 1960 amending the sale certificate and the other dated 20th August 1960 ordering delivery of possession over the property sold in execution of the decree.2. The facts which have given rise to this application are these. Jethmal obtained a money decree against Sobla and Harjida judgment-debtors and put it into execution. In the execution application he prayed for the attachment and sale of the house of the judgment-debtors consisting of a Kholda, a Jhumpa and a Bara bounded as follows:North --Modiaand Surta Bambi.West --Dhanias/o Suja Bambi.South --Door,Guzar, Dharma Bambi, and Shrimali Jata Shanker.East --Khalsaland.The estimated value of this property was shown as Rs. 400/- in this application. This very property was attached. It was fully described in the warrant of attachment in the same way as in the execution application. In the sale pro...
Commissioner of Income-tax, Delhi and Rajasthan Vs. Braham Dutt Bharga ...
Court: Rajasthan
Decided on: Oct-18-1960
Reported in: [1962]44ITR224(Raj)
DAVE J. - This is a reference by the Income-tax Appellate Tribunal (Delhi Bench) under section 66 (1) of the Indian Income-tax Act. The question of law which has been set out by the Tribunal for determination of this court is as follows :'Whether, on the facts and in the circumstances of this case, the monthly receipts by the assessee from the General Assurance Society Ltd., Ajmer, under the agreement of May 20, 1952 (in supersession of the earlier agreement of July 5, 1943), were not of a revenue nature in whole or in part ?'In order to appreciate the point which is involved in the present case, it would be proper to state here briefly the facts our of which the question has arisen.The respondent was engaged as a general manager of the General Assurance Society Ltd., which was a company incorporated and registered under the Indian Companies Act having its registered office at Ajmer, on July 5, 1943. The said company and the respondent entered into an agreement which is marked as exhib...
NaraIn Vs. State
Court: Rajasthan
Decided on: Oct-17-1960
Reported in: 1961CriLJ559
ORDERL.N. Chhangani, J.1. This is a reference by the Sessions Judge, Jhunjhunu recommending that the order of the Sub-Divisional Magistrate, Jhunjhunu dated 16-2-60 rejecting the complainant's application be set aside and he be directed to give effect to his order dated 21-10-1959 directing the delivery of possession of immovable property in dispute to the complainant.2. The relevant facts are these:Narain, the complainant filed a complaint against Nathuram and two others under Section 448 Indion Penal Code in the Court of a Sub-Divisional Magistrate, Jhunjhunu. After trial on 21-10-1959, the Sub-divisional Magistrate convicted the accused and further directed that the property from which the complainant was forcibly dispossessed be restored to his possession. The accused Nathu and others filed an appeal against that order convicting them and directing delivery of possession to the complainant and got the operation of the order relating to delivery of possession stayed. The appellate C...
Onkarlal Radha Kishan Vs. V.S. Rampal and ors.
Court: Rajasthan
Decided on: Oct-12-1960
Reported in: AIR1961Raj179
Sarjoo Prosad C.J.1. This appeal is by the judgment-debtor and is directed against an order dated 15-2-1958, passed by the Senior Civil Judge of Ajmer dismissing his objection.2. It appears that a simple mortgage decree was obtained against the judgment-debtor appellant Onkarlal on the basis of three mortgage bonds. The preliminary decree was passed in the suit on the 22nd September, 1952. Later when the mortgage dues were not paid, the decree-holders applied for a final mortgage decree in June, 1954, which, after contest, was actually passed in their favour on 31st January, 1956. The decree-holders applied for execution of the decree in execution case No. 146 of 1956.The mortgaged property was proclaimed for sale but later the sale was stayed by an order of the Court in Civil Suit No. 723 of 1956. Meanwhile, it appears that in June, 1956, one Fateh Chand had obtained another mortgage decree against the judgment-debtor Onkar Lal. Rampal and others, the decree-holders in this case, then...
O.P. Verma Vs. Lala Gehrilal and anr.
Court: Rajasthan
Decided on: Oct-12-1960
Reported in: AIR1962Raj231
Modi, J.1. This is a regular civil first appeal by the plaintiff O. P. Verma against the judgment of the learned District Judge Kotah dated the 9th February, 1954, dismissing the plaintiff's suit with costs.2. The material facts leading up to this appeal may be shortly stated as follows. There was a partnership business between the plaintiff's wife and the defendants (who are father and son) at Bikaner in December, 1941. The plaintiff was looking after this business, on behalf of his wife, which was carried on in the name of Chand Bros. under which firm name the defendants were already carrying on business. Although the nature of this business is not disclosed in the plaint, there is evidence to show that the parties had taken a sub-contract from Messrs. Green Bus Co. Delhi, in connection with the supply of lorries for training drivers for the Second World War. This partnership is alleged to have continued until May 1942.The plaintiffs case was that in order to settle the accounts of t...
Man Singh Vs. Khazan Singh
Court: Rajasthan
Decided on: Oct-10-1960
Reported in: AIR1961Raj277
C.B. Bhargava, J.1. This is an appeal by the defendant against the judgment and decree of the learned Senior Civil Judge, Gangapur dated 25th July, 1955 decreeing the plaintiff's suit for a sum of Rs. 2500/- with proportionate costs and interest pendente lite and future at 6 per cent p. a.2. The suit was filed for recovery of Rs. 5100/-on the ground that the defendant gave to the plaintiff a contract for cutting Babool trees from lands belonging to Thikana Akra for a period of three years in lieu of Rs. 2500/-. The terms of the contract were reduced to writing and are contained in the patta Ex. 4 dated 10th July, 1948. It was for the period commencing from 7th July, 1948 to 7th July, 1951. Rs. 2500/- were to be paid to thy defendant in the following manner:Rs. 1000/- at the commencement of the contractRs. 1000/- on 7th July, 1949.Rs. 500/- on 7th January, 1950. In case the amounts were not paid on the stipulated dates plaintiff was to pay interest at the rate of 12 per cent p.a. from t...
- ‹ Prev
- 2
- Next ›
- Last »