Judgment Search Results Home > Cases Phrase: acquired territories merger act 1960 Sorted by: old Court: rajasthan Page 1 of about 171 results (0.050 seconds)

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 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 ..... .....

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 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 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 .....

Kishenlal and ors. Vs. Bhanwarlal and anr.

Court : Rajasthan

Reported in : AIR1951Raj1

..... this was abolished, as discussed above, by the provisions of the covenant of the merger, and while an authority acting as the privy council against the judgment of the high court of rajasthan could come into existence by an ordinance to be issued by the raj pramukh as referred to in section 39, raiasthan high court ordinance, ..... the appeal would only be exercising the appellate power referred to in sections 19 and 40 of the ordinance, but not of a privy council in rajasthan.14 as to the validity of the ordinances, xviii [18] of 1949, xl [40] of 1949 and xii [12] of 1960 promulgated by the rajpramukh, the power to promulgate ordinances is vested in the rajpramukh under article 10 of the covenant until the coming into existence of a constitution for rajasthan within the framework of the covenant and the constitution ..... promulgated by the raj pramukh prior to the enforcement of the constitution of india, and under article 372 of the constitution all the laws in force in the territory of india immediately before the commencement of the constitution are declared to continue in force until altered or repealed or amended by a competent legislature or other competent authority ..... to be disposed of by the high court as high court, they will, if they fulfil the necessary conditions, be subjected to a further appeal according to another well-known rule of interpretation that when a court acquires new jurisdiction it acquires with it all the necessary consequences that flow therefrom vide secy. .....

Dr. Ram Babu Saksena Vs. State

Court : Rajasthan

Reported in : AIR1953Raj12

..... : '(1) where an extradition offence has been committed or is supposed to have been committed by a person, not being a europeanbritish subject, in a part b states or in the territories of any state outside india not being a foreign state, and such person escapes into or is in the territories to which this act applies, and the regional commissioner in or for such state issues a warrant, addressed to the district magistrate of any district in which such person is believed to be, or if such person is believed to be in any presidency ..... to point out that their lordships were called upon to pronounce their opinion as to the legality of the arrest, but they hadnothing to do with the question whether or not if the accused had been found within british territory he could have been lawfully tried and convicted nor with the consequences of the arrest being lawful or otherwise. ..... (3) no notice should be taken in this case of the subsequent political changes that have taken place regarding establishment of the indian union and the merger of the tonk state into first the united state of rajasthan and then into the state of rajasthan which became part of the indian union on the 26th january 1950; and (4) that the right of asylum ..... accused in the foreign country was illegal, the accused could not be tried for the offences alleged to have been committed by him prior to his illegal arrest, because such a trial infringed the right of asylum acquired by the accused by his entry in a foreign country. .....

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 .....

Manohar Singh Ji Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1953Raj22

..... as the constitution did not come into force, there was no objection to this inequality continuing; but as soon as the constitution came into force on the 26th of january 1950, all laws in force in the territory of india immediately before the commencement of the constitution in so far as they were inconsistent with the provision of part iii relating to fundamental rights became void to the extent of such inconsistency. ..... following proviso has been added: --'provided that where the court is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court to which that court is subordinate or by the ..... nor can it be said that taking over of this power of collection is an unreasonable restriction on the fundamental right of the applicant to acquire, hold and dispose of property, for, the, main rights, as we have already shown are still in the jagirdar and merely the right to collect the rent has been ..... in the alternative, it is urged that with the merger of the state of mewar in the former united state of rajasthan and thereafter in the present state of rajasthan, there was change of sovereignty twice and even if the applicant had any rights in pursuance of any .....

Radheyshiam and anr. Vs. Firm Sawai Modi Basdeo Prasad and anr.

Court : Rajasthan

Reported in : AIR1953Raj204

..... and dholpur in the state of rajasthan the decree passed by the civil judge of jaipur on 24-3-1947 before merger, which was a personal decree against the judgment-debtor, who was a subject of the then dholpur state and who had not submitted to the jurisdiction of the then jaipur state court is not executable within the territories of the former dholpur state, on the ground that the- decree not being one of a competent court ..... every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed out of respect to the legislature, to be intended not to have a retrospective operation' has ..... the learned judges of the calcutta high court held that in refusing to proceed in the matter the subordinate judge acted erroneously, for, if he had no jurisdiction to deal with the matter he should have returned the papers to the district judge of gaya in order that he might adopt the ..... on, inthe same judgment it has been remarked asfollows : 'hence, where a decree is sent direct to a court in another district having the necessary territorial and pecuniary jurisdiction instead of through the district court as prescribed by order 21, rule 5, the procedure is merely irregular and the transferee court has jurisdiction to execute the decree and is a 'proper court' within the meaning of article 182(5), limitation act .....