Court : Rajasthan
Reported in : AIR1961Raj146
..... any wajib-ul-arz of dasturganwai or any other settlement paper lawfully prepared or as to the correctness or otherwise of any entry made therein or a question referred to in section 3 of the rajasthan jagir decisions and proceedings (validation) act, 1955, arises and the question so arising has not already been determined by a competent authority, the jagir commissioner shall proceed to make an inquiry into the merits of the question so arising and pass such ..... jagirs after the commencement of the constitution has become purely a civil matter to be decided in accordance with law like succession to any other property.although in section 3 of the above ordinance and the act the words used are 'in cases or pro-ceedings arising out of, or under, the laws of the covenanting states providing for the resumption of jagirs in those states and the recognition of succession to ..... successions though originally of an executive nature was converted into a quasi-judicial power and revived as such by the rajasthan jagir decisions and proceedings (validation) ordinance no. 6 of 1955 and the similarly worded act which replaced it.the full bench in bahadur singh's case, ilr (1955) 5 raj 693 : ((s) air 1955 raj 135) clearly held that after the coming into force of the constitution ..... even to adoptions which took place before these rules came into force.it is no doubt open to the legislature to deprive an adopted son of his right to succeed to his adoptive father's property by appropriate legislation .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj168
..... aforesaid routes purporting to be under section 68c of the act and the rules framed for the purpose were either cancelled by the government itself or struck down under orders of this court by an appropriate writ.thereafter new draft rules were published on 4-6-1960, and ..... the petitioners have, therefore, come up to this court praying for appropriate writs prohibiting the respondents from approving the scheme in question.it is contended that by virtue of section 68d or the act the government has constituted itself a judge of the dispute vis-a-vis the transport undertaking owned, controlled and run by the government on the one ..... undertaking cannot impartially dispose of these objections as a quasi-judicial body, inasmuch as it is bound to be biased in its own favour and it is not possible for the operators to receive an appropriate determination of their objections at the hands of such a body which in fact is a judge in its own cause.reliance has been placed on certain observations in the supreme court judgment in nageswara rao v. ..... in respect of the notified route or area or portion thereof; (a) no person (other than the state transport undertaking either singly or in conjunction with railways) shall be entitled to a permit under chapter iv of the act;(b) the general manager or an officer authorised by him may specify the number of transport vehicles, if any, for which temporary permits may be granted or countersigned in favour of persons other than the state transport undertaking to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj83
..... in this view of the correct legal position, i am inclined to think that the appropriate article to apply is, not article 62 of the limitation act, but article 97, end, if this is the correct conclusion to come to in the circumstances of this case, as i think it is, the present suit is clearly within ..... application of the provision which would keep the right of suit alive in preference to that which would destroy it. judging from this angle also, i feel strongly persuaded to think that the appropriate article, which should be applied in this case, is article 97 and not 62, and 1 hold accordingly.11 ..... from the date of the payment of the money.in these circumstances, i am definitely of opinion that the plaintiffs' suit falls squarely within the four walls of article 97 of the indian limitation act and this suit would be within time having been brought within three years of the date of failure of the consideration. ..... appeal, is that the plaintiff's suit was barred by limitation, and it was contended in this connection that the trial court had fallen into error in applying article 97 of the indian limitation act, while the correct article, according to the submission of the learned counsel for the defendant-appellant, was article 62.5. ..... add that article 62 cannot be appropriately applied to this class of cases. ..... from the purchaser in respect thereof, is held by him not on his own account but for the use of the plaintiff within the meaning of article 621 of the indian limitation act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj209
..... tarubala dasi, air 1930 pc 158, it was held by their lordships of the privy council that an advocate admitted to practice by the appropriate court in india when briefed in a suit had implied authority of his client to settle the suit by compromise, where he did not derive his authority from an express written vakalatnama ..... the question of offer of a special oath under section 9 of the oaths act was not involved, but that power is analogous to the power of compromising the suits ..... is noteworthy that this amendment did not allow the pleader to act without a vakalatnama duly authorising him to do so.entering into a compromise or making an otfer under section 9 of the oaths act amounts to acting on behalf of his client. ..... the reasons stated above, i am of the opinion that the pleader of the plaintiff had no authority to make an offer under section 9 of the oaths act on behalf of the plaintiff. ..... cannot be seriously disputed that a pleader who cannot enter into a compromise on behalf of his client without his specific authority cannot make an offer on his behalf under section 9 of the oaths act so as to bind him.10. ..... , air 1923 pc 13, the appellant executed a power-of-attorney appointing several persons as her vakils to argue her case, to inspect the records, execute documents and deposit and withdraw monies and do all such other acts. ..... was held in that case that only a party or its pleader or agent specially authorised in that behalf could make an offer under section 9 of the oaths act.4. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1962]45ITR317(Raj)
..... his subordinate and within whose jurisdiction the petitioners reside.we, therefore, do not feel inclined to interfere merely because of non-compliance with the provisions of section 6 of the public demands recovery act, though we must in no sense be taken to commend any irregularity in adopting the proper procedure known to law in all such cases.the application, therefore, in the net result, ..... under the income-tax act no objection can be raised by the assessee as to the validity of the demand as based on the assessment order or his liability to pay the same, because those questions have been determined already by the appropriate authorities in the assessment proceedings under the income-tax act, and under section 67 of the act the assessment cannot ..... in that case it has been laid down that these are the following essentials which are the foundation of proceedings under the public demands recovery act :'(1) that the demand should be one covered by the schedule of the act;(2) that there is a requisition as required under section 3, unless the case is covered by section 4(2);(3) that there is a certificate in strict compliance with section 4; ..... due to the state government under any grant, lease or contract which provides that they shall be recoverable as arrears of revenue;(c) all sums declared by this act or any other enactment for the time being in force to be recoverable in the same manner as an arrear of revenue; and(d) all sums declared by the rajasthan public demands recovery .....
Tag this Judgment!Court : Rajasthan
Reported in : (1961)IILLJ240Raj
..... to be inconsistent with what the tribunal itself found earlier, namely, that the petitioner was claiming the remuneration aforesaid not on the basis of any managing agency agreement but in conformity with the provisions of the act; and the word 'bhatia' was an omnibus expression which should be held to cover, according to the case of the petitioner, whatever managing agency remuneration was payable under the law and not merely a particular ..... may first of all conveniently dispose of the point of appropriation claimed on account of agency charges. ..... excluding clauses (1), (iv) and (x);less-- (i) the amounts written on or set aside on account of depreciation of fixed assets and amounts written off in respect of intangible assets in the books of the undertaking before or after the commencement of this act; and (ii) the amount of any loans advanced by the board under the provisions of sub-para. ..... iv of the schedule, together with such investments made before or after the commencement of this act from contributions towards depreciation as may be shown to the reasonable satisfaction of the authority as being amounts which could not be or could not have been utilized by the undertaking under clauses (a) and (b) or this sub paragraph; (e) an ..... has rightly held that the terms of the agreement of the managing agency stand modified by the provisions of section 3 of the electricity (supply) act, 1948 (act 64 of 1948, hereinafter called the act) in so far as they were inconsistent with the latter. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1962CriLJ666
..... it is difficult for us to say at this stage whether or not they have any adequate material for launching any prosecution against the petitioner either under the indian penal code or under the sea customs act; but before parting with the case we would like to observe that the matter has already covered a long period and it is desirable and even essential in the interest of justice that the investigations should be completed at an ..... if the police themselves could not find' anything against the petitioner, the appropriate course for the police authorities was to submit a final1 report and to return those documents leaving the custom's, authorities to pursue their own remedies.the difficulty, however, which appears to be in this case, as shown in the ..... the account books are at present in the hands of the customs officials who are taking appropriate steps for investigation on the basis of the entries made in those books.4. ..... he accordingly prays that a writ of mandamus, or any appropriate direction may be issued to the respondents compelling them to return the books of account to the petitioner of which they are in illegal possession and also preventing them from taking any action to force the petitioner to make ..... the petitioner does not dispute the position that if on investigation the authorities are satisfied that there are materials available for his prosecution, the authorities would be entitled to initiate any appropriate proceeding known to law. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1962]46ITR387(Raj)
..... the reference as to whether the question or questions of law did arise out of the appellate order of the tribunal, and ordinarily decline to reopen the matter, nevertheless it may become its duty to re-examine the issue in an appropriate or extreme case when called upon to answer the reference on the merits for the very important reason that the responsibility for answering the reference must necessarily devolve on it and, if in the performance of such duty ..... what this section envisages is that where, after a case has been disposed of by the tribunal in appeal under section 33(4) of the income-tax act, either the commissioner or the assessee feels that some question of law has been wrongly decided, the decision of the tribunal on such a question is not final, and the commissioner or the assessee can ask ..... to the law set out in paragraph 225, it is open to a father to make gifts even of ancestral movable property without the consent of his sons for the purpose of performing indispensable acts of duty, and for purposes like gifts through affection, support of the family and relief from distress : see bachoo hurkisondas v. ..... the point, however, is not without significance that their lordships were not prepared to hold that the high court had acted erroneously in rejecting the reference.if it may be permissible for us to venture any opinion on this vexed matter, we should like to say, with all deference, that though, as a broad rule, the bench called upon to decide a reference .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj235
..... and must remain in a more or less fluid state until the law is settled by their lordships of the supreme court in an appropriate case.speaking for ourselves, it seems to us too late in the day to take a stricter view of section 35 of the stamp act read with section 91 of the evidence act than that adopted by a large majority of the high courts in our country, and we are not prepared to hold that a suit ..... these cases as an integral part of the alternative cause of action furnished by the loan but was instead claimed either as damages under section 73 of the contract act or under section 80 of the negotiable instruments act or on general equitable principles under the interest act, and we have no doubt that where the transaction of loan itself did not embody any stipulation as to charging of interest as a matter of agreement between the ..... it only remains for us to point out in this connection that the ground on which the learned trial judge allowed interest under the interest act cannot be sustained and we do not consider it necessary to deal with the point as learned counsel for the plaintiff has plainly expressed the in-ability to ..... we are also fully conscious of the general principle that in order to constitute an acknowledgment within the meaning of section 19 of the limitation act, a document which contains an admission of liability, must be indicative of the liability in suit beyond all doubt and with a resonable certainty.we are, however, unable to accept that the letter .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj51
..... the petitioner, assuming that it had a grievance, according to the respondents, ought to have filed an appropriate appeal tinder the sales tax act rather than invoked the extraordinary jurisdiction of this court. ..... before we examine the respective contentions of the parties it will be appropriate to briefly review the provisions of the control order in so far as they affect the case before us ..... before we proceed to examine this case on its merits it will be appropriate for us to consider and dispose of preliminary objections raised by the learned government advocate ..... , air 1954 sc 403 also, it was pointed out that 'the contention that because a remedy under the impugned act was available to the appellant it was disentitled to relief under article 226 stands negatived by the decision of this court in state of bombay v ..... the petitioner on its own showing is a registered dealer, which according to its definition under the rajasthan sales 'ax act, section 2 sub-section (f) includes a person who carries on business of supplying goods in the state whether en commission or for remuneration or otherwise ..... held that the word 'supply' in the definition of dealer in section 2 (c] of the bihar sales tax act was not to be given its literal meaning but must be interpreted in a qualified sense. ..... (s) air 1957 sc 790 has been cited as an authority for the proposition that where fundamental rights are involved the existence of an alternative remedy is no ground for the refusal to issue an appropriate writ. .....
Tag this Judgment!