Court : Rajasthan
Reported in : AIR1953Raj151
..... of the jaipur board of revenue it has been stated that the decision of the settlement commissioner was based on the fact of possession, and the parties were at liberty to seek redress in the appropriate court, if they were not satisfied from the decision of that authority. ..... no reply was filed by chiranjilal and others, but a reply was filed by the government that under section 8 (ii), jaipur land revenue act, 1947, in matters relating to survey records and settlement, the government could also exercise the power of revision in lieu of or in addition to the exercise of a similar power by the board of revenue, as such the revision petition ..... hence he has moved this writ petition on the ground that under section 8, jaipur land revenue act (36 of 1947), the jaipur board of revenue was a final court of appeal, and its decision could not be challenged in revision, that is, no revision lay against the judgment of the jaipur board of revenue ..... ' we are, therefore, of the opinion that under section 101, jaipur tenancy act read with schedule i, group b, item 13, rajasthan revenue courts (procedure and jurisdiction) act, 1951, a party, who is not satisfied with the decision of the settlement authorities, may file a regular suit for declaration of his rights ..... our attention is invited to section 101 of the jaipur tenancy act, which is as follows :'(1) any person claiming to be a tenant or a joint-tenant may sue for a declaration that he is a tenant, or for a declaration of his share in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj78
..... the regional transport authority, while exercising its powers of issuing temporary as well as non-temporary permits is a quasi judicial authority, and if that authority acts without jurisdiction or refuses to act when it has got jurisdiction under the law, or acts illegally or with material irregularity, a writ of 'certiorari' may lie against it.under section 62, indian motor vehicles act, a regional transport authority has been given discretion to grant temporary permits, if the conditions therein specified are satisfied. ..... the petitioner prays that an appropriate writ or direction be issued setting aside the temporary permit issued by the opposite party no. ..... the learned counsel of the petitioner in his arguments has vehemently urged that there was no particular temporary need in the meaning of section 62, indian motor vehicles act, to entitle the regional transport authority to issue a temporary permit in favour of the opposite party no. ..... this court would not sit as a court of appeal over the judgment of the regional transport authority given in exercise of its discretion under section 62, motor vehicles act.lengthy arguments were addressed to us on the point whether in the present case there was or was not a particular temporary need within the meaning of section 62 of the said act, but we do not think it necessary to enter into this question. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj188; (1953)IILLJ214Raj
..... the government to the industrial tribunal is, it is said, beyond the scope of the industrial disputes act and the order to work the mills amounts to an infringement of the fundamental rights of the petitioner under articles 19(1)(g) and 31(1) of the constitution of india, the petitioner, therefore, prayed that a writ of mandamus or other appropriate direction be issued declaring the reference to the industrial tribunal to be illegal and restraining the respondents ..... from forcing the petitioner to work the mills and from holding any proceedings under the industrial disputes act, 1947, in connection with the reference, which has been made by the government to the industrial ..... section 10(3), industrial disputes act is as follows: 'where an industrial dispute has been referred to a board or tribunal under this section, the appropriate government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which ..... the previous cases of this court, and, speaking for the court says:'we have no doubt the principle of these decisions applies to a case wherein it is contended that the act of the head of a department, under any view that could be taken of the facts, that were laid before him, was 'ultra vires', and beyond the scope of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj104
..... these petitions in this court under article 226 of the constitution of india for a writ of 'certiorari', 'prohibition', 'quo-warranto', 'mandamus' or any other appropriate order or direction against the collectors of each of these five districts, tahsildars of the tahsils concerned, and the district board concerned. ..... on 4-10-1948 while the erstwhile jaipur state was still in existence an amendment was passed by which a new section (section 4-a) was added to the act and it ran as follows:'4-a (1) the government may, pending the formation of the board under section 4, constitute provisionally for any area a board consisting wholly of members nominated by ..... be referred to as the first amendment act 'district' was denned as follows:'district' means a district constituted under sections 18 and 19 of the jaipur land revenue act, 1947, and includes any area which the-government may, by notification in the jaipur rajpatra declare to be a district for the purposes of this act, but does not include any portion thereof which is a municipality under the jaipur state town municipalities act, 1943, or the city of jaipur ..... year 1947 the then jaipur state passed an act known as the jaipur district boards act, 1947 (hereinafter to be referred to as the act). ..... in accordance with the act four district boards were constituted, one for each of the following districts of the then ..... under section 4 of the act every board was to consist of (a) elected members and (b) such persons as might be nominated by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj145
..... this court under article 226 are very wide and it can issue, throughout the territories in relation to which it exercises jurisdiction, to any person or authority, including in appropriate cases any government, within those territories, directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certioran, for the enforcement ..... a necessary party in the sense that without his presence the relief cannot be granted, and if such party cannot be added after the period prescribed under the representation of the people act, the tribunal will refuse to add him and will have to dismiss the petition, for it will be against principles of natural justice to grant relief against a party whose presence ..... commissioners', (1888) 21 qb d 313 (c) which are as follows: 'when an inferior court or tribunal or body which has to exercise the power of deciding facts, is first established by act of parliament, the legislature has to consider what powers it will give that tribunal or body, it may in effect say that, if a certain state of facts exists and is shown to such ..... time within which the ejection petition could have been presented in contravention of section 81 of act 43 of 1951, read with rules 119 and 113 of the representation of the people (conduct of elections and ejection petitions) rules, 1951, and (5) that it acted without jurisdiction in amending the said election petition by adding four pensons already mentioned above as parties .....
Tag this Judgment!Court : Rajasthan
Reported in : 1955CriLJ95
..... or the state government among other matters to make an order directing that a person be detained if it is satisfied with respect to any person that it is necessary to do so with a view to preventing him from acting in any manner prejudicial to (i) the defence of india, the relations of india with foreign powers, or the security of india, or (ii) the security of the state or the maintenance of public order, or (iii ..... the contrary contained in section 3, preventive detention (amendment) act, 1952 (34 of 1952), but nothing contained in the section shall affect the power of the appropriate government to revoke or modify the detention order at any earlier ..... highly prejudicial to the maintenance of public order and tranquillity and whereas with a view to prevent him from acting in such a manner, it is considered essential to detain, him;i, in exercise of the powers conferred on me by clause (1) of sub-section (2) of section 3, preventive detention act, 1950, as amended by the preventive detention amendment acts of 1951 and 1952, ordered that the said (name and description of the detenu) shall be detained in ..... the third ground also the order of detention is illegal and our reasons for coming to that conclusion are as follows;(18) the preventive detention act has undergone several amendments and as the law stands finally amended the scheme of the act is that an order of detention when passed by a district magistrate is reported to the state government to which he is subordinate along .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj264
..... it was further urged that the question of giving or refusing or cancelling licenses was a purely executive act within the discretion of the appropriate authorities, and therefore the order cancelling the licenses was not open to challenge on any of the grounds set ..... our powers under article 226 are not confined to the well-known writs, and we can in an appropriate case give orders and directions in the interest of justice and for the protection of fundamental rights. ..... might have impelled the legislature, when enacting section 13 (a), not to provide for any notice of hearing to the licensee.where, therefore, an authority exercising administrative powers under a statute acts within the four-corners of the statute, and does not exceed or abuse its powers, it seems to us unnecessary to introduce into the statute the principles of natural justice. ..... kishore singh for the issue of an appropriate writ, direction or order against the state of rajasthan, and the district magistrate of nagaur, after quashing an order under the arms act.2. ..... the learned judges added that there was no express provision in the municipalities act, which required such a hearing, but thought that it would be in consonance with the principles of natural justice to give a hearing to the person before a serious action of this kind was taken ..... a right to apply to this court under article 226 and we shall have to see whether the provisions of the arms act and the rules made thereunder have been complied with in this case.6. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj260
..... and bye-laws for levying octroi duty were framed in this case on 15-7-1953, and were published in the gazette on 25-7-1953, and the necessary formalities provided under section 77 of the city of jaipur municipal act, 1943 were gone through.it is, therefore, urged on behalf of the state that imposition of octroi duty by framing rules and bye-laws in july, 1953, was not hit by article 301 as such rules and ..... this is an application under article 226 of the constitution by surajmal baj for issue of a writ of mandamus, prohibition or any other appropriate writ, or direction or order against the state of rajasthun and the administrator of the municipality of jaipur city, and two others, in connection with the demand of octroi ..... section 62 gives powers to the municipality to frame rules and bye-laws not inconsistent with the act or with the rules made by the government under section 250, and to alter or rescind such rules ..... we are, therefore, of opinion that article 305 saved the provisions of the city of jaipur municipal act, and therefore saved the power of the municipality under section 77 to frame rules and bye-laws to impose ..... , prayed for the issue of an appropriate writ.3. ..... jaipur had suspended the octroi duty on 3-9-1953, and as admittedly no octroi duty was imposed by the administrator after following the provisions prescribed in section 77 and subsequent sections of the jaipur municipal act, no duty could be levied on goods coming into municipal limits on the 4th of september. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj185
..... high court has been given power to issue writs, directions or orders to any person or authority including in appropriate cases any government within the territories wherein the high court exercises jurisdiction. ..... reliance was placed upon the interpretation of the words 'court subordinate' by some high courts under the contempt of courts act, section 2 (1) of which runs as follows:--'subject to the provisions of sub-section (3), the high court of judicature established by letters patent shall have and exercise the same jurisdiction, powers and authority, in ..... xxvi of 1947) were 'courts' within the meaning of the contempt of courts act, and the high court had under article 227 of the constitution the same power of superintendence which, it had up to the passing of the government of india act, 1935, and in exercise of it, it could check the assumption or excess of jurisdiction by panchayati adalats or compel them to exercise their jurisdiction and do their duty, and they were, therefore, judicially subordinate to ..... (4) when section 7 of the ordinance was amended on 5th may, 1952, the whole of the act, and not the amendment, should have been placed before the legislature, as the extension of the life of the ordinance was 'ultra vires' the powers of the rajpramukh, and when ..... it was held that for the purpose of the contempt of courts act the word 'subordinate' would include all courts and tribunals over which the high court was given the power of superintendence under article 227 of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj283
..... once they are in sirohi, they can come into pali district and it is not open to the state to charge charnot duty under section 35 of the mar-war act in view of section 3 of the rajasthan ordinance.it would be making traffic between sirohi district and pali district almost impossible, if every time a person crosses over from sirohi district into pali district with animals, he has to ..... of the transport of goods of such description and from or to such part of rajasthan as may be specified in the notification, a sum of money equal to the amount of the duty leviable on the export of such goods shall be deposited with the appropriate customs officer of the place from where the goods are intended to be transported. ..... it seems to me that in the changed circumstances, after the coming into existence of the state of rajasthan, section 35 of the marwar act must be deemed to have been repealed by section 3 of the rajasthan ordinance so far as transport from one district in rajasthan to another district was concerned.the section definitely provides that no duties of customs shall be levied and collected ..... has, therefore, to be seen is whether section 3 in effect repealed section 35 of the marwar act, or, in any case, whether the charnot duty could be charged from those who brought sheep and goats etc from the sirohi district of rajasthan into the pali district of rajasthan.it may be mentioned that the marwar act came into force in february, 1949, when the former marwar state was in existence. .....
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