Judgment Search Results Home > Cases Phrase: acquired territories merger act 1960 Court: rajasthan Page 1 of about 171 results (0.052 seconds)

State of Rajasthan Vs. Shamlal and ors.

Court : Rajasthan

Reported in : AIR1960Raj256

..... he was not like an independent sovereign who had acquired territory by force of conquest, or to whom any territory had been ceded by some diplomatic pressure exercised by himself; and who could, therefore, act on the strength of his own supremacy or authority.it would not have been, therefore, wrong to assume that the said covenants were in the ..... in question, to which he along with the other sovereigns wasa party, and by virtue of which alone he could take, cilice and assume his sovereign powers over the integrated territory quoad the residents of these territories should well be regarded as having the character of a constitutional guarantee or at least the character of a law which could be agitated in his courts.as such the clauses entered ..... states then in existence in rajasthan and recognised by the government of the dominion of india merged in the united state of rajasthan, and in a sense gave up their sovereignty over their respective territories and vested it in the rajpramukh of the united state of rajasthan; but those covenants, in my opinion, are the' fundamental source of the authority under which the united state of rajasthan ..... courts was recognised in unmistakable terms.in other words, the rights of the said subjects to sue the new sovereign in his municipal court were kept alive in spite of merger, because the laws and regulations which applied to the municipal courts of dholpur state and which governed the rights and obligations of that state and its subjects were ..... .....

Kishangarh Electric Supply Co. Ltd. Vs. United State of Rajasthan

Court : Rajasthan

Reported in : AIR1960Raj49

..... that 'when a territory is acquired by a sovereign state for the first time that is an act of state. ..... ajmer the licence granted be them by the government of kishangarh for the supply of electricity within the state territory and to purchase the kishangarh power house with all its fittings structures, constructions, buildings including the telephone exchange ..... several words, terms and expressions used in this license shall have the same meanings as are assigned to them in indian electricity act of 1910 (amended up-to-date) and the rules made thereunder; provided that in this license: (1) the expression 'the licensee' shall ..... of identification been subscribed by and the directors shall carry the said agreement into effect with full power nevertheless subject to the provisions of section 99 of the indian companies act, 1913 & similarsections of the kishangarh state companies act from time to time to agree bo any modification of the terms of such agreement either before or after theexecution thereof. ..... a certain independent state had unlawfully dispossessed the plaintiff, and the damages were sought to be recovered from another state which had come into existence by merger of the former state and certain others into a new political unit. ..... the right to sue the state was not conferred by any law.if, therefore, the plaintiff company, which was incorporated in kishangarh, had no right to sue its sovereign before the merger, no right accrued to the plaintiff to sue the united state of rajasthan. .....

State of Rajasthan and 10 ors. Vs. Asharam and anr.

Court : Rajasthan

Reported in : 1984WLN165

..... or even if any defect or invalidity remained in such vesting, the same has been cured by the retrospective insertion of sub-section (2 a) in section 8 of the central act by the administration of evacuee property amendment act, 1960 the previsions of sub-section (2-a) of section 8, which was retrospectively introduced in the central act,removed the lacuna,if any,which might have remained in the provisions of sub-section (2) of that section, regarding vesting of evacuee property in the custodian. ..... the 1948 order, 'evacuee' was defined in clause 2(b) as under:2(b) 'evacuee' means a person ordinarily resident or owning property or carrying on business within the territories comprised in the bikaner state, who on account of civil disturbance, or the fear of such disturbance or the partition of the country. ..... a notification under the provisions of section 12 of the displaced persons (compensation and rehabilitation) act, 1954 (hereinafter referred to as 'the act'), declaring that evacuee agricultural lands situated in various village in rajasthan would stand acquired by the central government and shall form part of the compensation pool. ..... merger of the former state of bikaner to form the united state of rajasthan, the evacuee properties which were vested in the custodian in the erstwhile state of bikaner came under the control and management of the custodian appointed under the provisions of the administration of evacuee property act, 1950 (hereinafter referred to as 'the central act .....

State of Rajasthan Vs. Bundi Electric Supply Co. Ltd., Bundi

Court : Rajasthan

Reported in : AIR1970Raj36

..... under the head of 'estoppel' is that a company is estopped from denying that a share is fully paid as against a holder without a notice, and a person who by reason of the issue of a certificate is entitled to shares by estoppel and who acts on the certificate to his detriment may recover from the company as damages the value of the share at the time of the refusal of the company to recognise him as a share-holder together with interest from that date. ..... the main para (2) of the licence says that 'the company shall have the monopoly of running the lorry and bus-services throughout the bundi state territory for a period of 30 years, and shall run lorry and bus services on the following terms and conditions' and then follow the sub-paras (a) to ..... had been issued by the company to the state of bundi in consideration of the grant of monopoly rights by it to the company to ply exclusively motor stage carriages and lorries throughout the territories of former state of bundi, and whether on account of these monopoly rights having come to an end on 1-4-1951 with the coming into force of the motor vehicles act, 1939, the state is not entitled to get any dividends or benefits on account of the said 30,000 shares? ..... the above mentioned 30,000 shares, bundi state further acquired 11,600 ordinary fully paid up shares of rs. ..... with the merger of the bundi state into the state of rajasthan, the state became the owner of these shares by virtue of the provisions of article 295(2) of the constitution of .....

State Vs. M/S Jeewan and Sons

Court : Rajasthan Jodhpur

..... regard sale of 75 bigha land, it was stated that the request may be considered on payment of value of the land under the relevant rules; the state reorganization act, 1956 was promulgated and territories of abu and abu road came to be transferred to the state of rajasthan; the collector, sirohi was ordered to take the possession of the land in question from ..... not exceeding 75 bigha @ rs.150/- per bigha; in the year 1949 the administration of the former sirohi state was taken over by the government of india vide sirohi merger agreement dated 08.11.1948 and the government of bombay took over the administration on behalf of the central government; the government of bombay vide its letter dated 17.09.1955 terminated the ..... be granted, there was no occasion to award compensation in absence of payer made in this regard and award of compensation is contrary to the provisions of section 21(5) of the specific relief act, 1963 ('the sr act').it was contended that the agreement dated 11.08.1944 was entered into by narayan jeewan and trikam lal jeewan as proprietors and, as such, the partnership firm had no locus standi to file ..... any suit filed against the state and even ex facie stale claims can be entertained by the civil courts and a complete go bye to the provisions of section 3 of the limitation act has to be given in cases instituted against the state, wherein, the duty has been cast on the courts to dismiss the suit instituted after the prescribed period of limitation although .....

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

..... of the report as under :-'but even though the concept of 'cause of action' has been adopted by the amendment of 1963, notwithstanding that the government or authority is located outside the territories of the state, i am of the opinion that the amendment has not done away with the first limitation enunciated in the election commission case and has not done away with the inherent limitation ..... rods other than extruded are not covered by any of the items in the central excise tariff and as such, they are not of import leviable to additional duty under section 2a of the act and so the petitioner should have filed writ at the earliest soon after he became aware of the aforesaid public notice but instead, he preferred claim petition for the refund specifically mentioning therein that ..... the purpose of showing whether there has been change in respect of the territorial jurisdiction after the amendment of article 226 by the constitution (fifteenth amendment) act, 1963, learned counsel for the respondents referred to shankar jayaram and ..... have been filed within three years from the date when the petitioner acquired knowledge that the payment has been made under a mistake of law ..... central excises and salt act, 1944 (hereinafter to be referred to as 'the excise act') as amened by the finance act, 1960 contained item no. 33. ..... therefore, from 1960 until the finance act, 1969 came into force, it is clear that the legislature did not levy any excise duty upon ..... bishamdas, ilr (1960) 10 raj ..... air 1960 cal .....

Badriprasad Vs. the State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1968Raj59

..... action had not been arisen so as to entitle the plaintiff to bring his suit for the money on the date of the deposit, there could be no question of the application of article 145 of the limitation act for it is the sine qua non of a deposit falling within the pui'view of that article that the depositor should be in a position to ask for its refund on the very date of the deposit.14. ..... deposit in question was a simple deposit and that there would be no obstacle in the way of his contention that the plaintiff's claim should be governed by article 145 of the limitation act, and that as the suit was instituted well within the period of 30 years prescribed under that article, this court should take the view that the suit is within limitation. ..... plea in the trial court and the court of first appeal that its case was governed by article 120 of the limitation act and a similar ground was taken by it in the memorandum of its appeal to this court. ..... prasad singh's case, air 1939 pat 688 also came up for consideration in air 1960 bom 404, and chagla, c.j. ..... dholpur, who tried the suit, reached the conclusion that, the plaintiff's case was governed either by article 62 or article 97 of the first schedule of the limitation act, and that article 120 had no application to it. ..... in the case of air 1960 bom 404 was not brought to the notice of the learned judge who decided the case of air 1966 andh pra 218 the learned judge seems to have found ..... shamlal, 1960 raj lw 257 : (air 1960 raj ..... , air 1960 bom 404 .....

Madangopal Kabra Vs. the Union of India (Uoi)

Court : Rajasthan

Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)

..... east punjab states union, and(e) as respects any period after the 12th day of april, 1950, the territory of india excluding the state of jammu and kashmir ;provided that the taxable territories shall be deemed to include:(a) the merged territories :(i) as respect any period after the 31st day of march 1949, for any of the purposes of this act, and(ii) as respects any period included in the previous year, for the purpose of making any assessment for ..... was liable to pay income-tax for the assessment year 1950-51 in respect of his total income for the year ending 31-8-1960 computed in accordance with the provisions of the income-tax act, as section 3 read with section 2 (14a) proviso (b) (iii) authorized the levy of income-tax on incomes which accrued or were received in rajasthan prior to 1-4-1950. ..... on 15-8-1947, british india ceased to exist as such, but that territory became divided into provinces of india followed by the important expansion of the provinces by merger of a large number of indian states, & while some were merged in the provinces, others were constituted into certain chief comrs. ..... . now, section 6, general clauses act, provides that where any enactment is repealed, unless a different intention appears, the repeal shall not affect the previous operation of any enactment so repealed or affect any right or privilege acquired under any enactment so repealed .....

Udaipur Distillery Company Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : [1973]87ITR516(Raj); 1971(4)WLN607

..... (5) the provisions of sub-section (1) and sub-section (2) shall not apply and shall be deemed never at any time to have applied to any assessee- (a) on whom an assessment or reassessment for the purposes of this act has been, is being or is to be made in the course of any case in respect of which a commissioner of income-tax appointed without reference to area under sub-section (2) of section 5 is exercising the functions of a commissioner of income-tax, or (b) where ..... the facts of this case were that goods from indore (non-taxable territory) were sent to the taxable territory.proceeding on the ground that the bank, after purchasing and discounting an instrument from the customer, credited the customer with the amount of the instrument and allowed him to draw against the ..... three, categories of the assessees envisaged under the act 'the assessee before us is indisputably ' non-resident' because it ordinarily carried on business in udaipur, a territory outside the taxable territory in the assessment year 1945-46. ..... the bank, when it advanced money or credited on a hundi, was merely acting in accordance with the commercial practice without acquiring any property in the railway receipt, which was intended to be delivered to the buyer on receipt ..... 1, 1952, the income-tax officer, ajmer, was empowered to deal with pending assessments for the period before the merger of indian states. ..... of the appellate assistant commissioner dated april 16, 1960, paragraph no. ..... income-tax, [1960] 40 i.t.r .....

Rao NaraIn Singh Vs. Commissioner of Income-tax

Court : Rajasthan

Reported in : [2001]252ITR88(Raj)

..... case of the assessee that the property in question was not already subjected to succession or that the rule of primogeniture became applicable only after the regulation of 1877, nor is it established anywhere that properties in question were acquired or set up after the sanad of 1875 or the regulation of 1877 or for that matter impressed with the character of property of the hindu undivided family and became a part of impartible estate after these dates. ..... part of the state of rajasthan and with a view to secure uniformity in the revenue laws in the new state of rajasthan as formed by section 10 of the states reorganisation act of 1956, the rajasthan tenancy act, 1955, and the rajasthan land revenue act, 1956, as in force in the pre-reorganisation state of rajasthan, with suitable modifications therein for making it applicable to the territories of erstwhile abu, ajmer and sunil areas, were extended by enacting the rajasthan revenue laws (extension ..... . thus only the assessment for the year 1960-61 remained singularly isolated to be treated differently.69 ..... ., which is also an ancestral business carried on by the assessee as the karta of the hindu undivided family in the status of the hindu undivided family for the assessment year 1960-61.68 ..... 33/jp of 1972-73 for the assessment year 1960-61. ..... this is a reference made by the income-tax appellate tribunal, jaipur bench, jaipur, at the instance of the assessee, rao narain singh of masuda, relating to the assessment year 1960-61. .....