Court : Rajasthan
Reported in : AIR1954Raj224
..... consolidated fund of any such state incurred after the 31st day of march, 1950, whether expenditure charged by this constitution on such fund or not, shall be deemed to have been duly authorised if it is included in an appropriation act made under clause (2) providing for the appropriation out of the consolidated fund of the state of all moneys, required to meet such expenditure. ..... 2 had no right to make any application under a law which did not exist, and for the same reason the power conferred on various officers to act inthe manner provided by the ordinance came to an end, and the entire proceedings taken by bhomla before the anti-ejectment officer and the board should be ..... raised in that case was very technical and i may say with respect that it was rightly rejected, but in that case the act emerged in the shape of an act and the bill which was put up before the rajpramukh for his assent was also prepared in the form of a bill. ..... the words 'in pursuance of' have several meanings, and the most appropriate in the present case would be 'conformable to' or in accordance with', and indicate that as envisaged by sub-section (3) of section 1 of the ordinance ..... of course if a particular document is undoubtedly a legislative enactment and if certain words are used in a certain part of it which defeat the very object of the act, it would be a serious matter to hold where the intention of the statute is clear that it shall be reduced to a nullity by draftman's unskilfulness or ignorance .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj178
..... , in the context in which they are found, to be meant for purposes of defraying the expenses of the organisation which it would be necessary to set up for purposes of inspection to see that the act and the rules framed thereunder for the benefit of the general public are carried out by the factories. ..... article 226 of the constitution praying for a writ in the nature of prohibition or any other appropriate direction or order against the state of rajasthan and the inspector of factories and boilers, jaipur, prohibiting the latter from realizing license fees from the applicant under the indian factories act. 2. ..... it is also urged in the alternative on behalf of the state that where fees are levied under an act passed by parliament, the distinction between tax and fees is of no value, and therefore the fact that the levy in this case is called a fee is not material because it is in ..... there was thus clear provision in these items for the enactment of the factories act and levying of fees in connection therewith, and it is, therefore, not necessary to go to item 97 of list i of the seventh schedule of the constitution to seek ..... are, therefore, of opinion that the fees sanctioned by section 6 of the indian factories act are fees strictly so called, and are not mere taxes for the purpose of raising revenue ..... it must, therefore, be held that the fees prescribed by section 6 of the indian factories act are in the nature of fees strictly so called, and not a mere tax for purposes of raising .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj274
..... could exercise jurisdiction as industrial tribunal again from 5-6-1954, over all the cases which had been referred to the industrial tribunal between 3-6-1953 and 31-3-1954.considering that it is possible under section 8, industrial disputes act, for a new sole member in cases of a vacancy to carry on from where the case was at the time of his appointment, it seems to us only reasonable to hold that, if the same member is appointed sometime later after his term ..... sub-section (2) as it originally stood provided that where a tribunal consisted of one person only and his services ceased to be available, the appropriate government shall appoint another independent person in his place, and the proceedings shall be continued before the person so appointed. ..... this, in our opinion, is also provided by the present sub-section (2) in the case of one-member tribunals with this difference that now it is left to the appropriate government to fill the vacancy or not, as the word used in connection with a member is 'may' and not 'shall'. ..... that sub-section shows that if any vacancy occurs in the office of any member of a tribunal, the appropriate government may appoint another independent person to fill the vacancy, and the proceedings may be continued before the tribunal so reconstituted from the stageat which the vacancy is filled ..... subsection (1) of section 7 provides for the constitution of one or more industrial tribunals by the appropriate government for the adjudication of industrial disputes. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj61
..... scheme framed, certificate obtained, patent, permit or licence granted or registration effected) under any such repealed law shall be deemed to have been done or taken under the corresponding provision of the act or ordinance as now extended to that state and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the said ..... , observed that the high court did not lose its jurisdiction in company matters even when a notification is issued by the appropriate government empowering a district court to be the court. ..... the district court the applications under the companies act in respect of matters in which the district court is authorised to act are to be entertained by the district court and under the companies act in respect of matters in which the district court is authorised to act are to be entertained by the district court and although the high court would undoubtedly possess the power to be exercised by the court under the act it will not entertain applications in respect ..... on a view that the appropriate court is the court of district judge the petitions are to be transferred to ..... schedule there is no mention of any modification of section 3, but in section 5, clause (iv), containing the general modifications in respect of all acts adapted, it is provided that the references to provincial government or any other government in the adapted act will be deemed to be references to the government of the united state of rajasthan. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj104
..... to make rules regulating the recruitment and conditions of service of appointment to public services and posts in connection with the affairs of the state was vested in the rajpramukh as no provision in that behalf had been made by or under an act of the appropriate legislature; and that under article 320 clause (3) it was obligatory to consult the state public service commission - (a) on all matters relating to methods of recruitment to civil services and for civil posts, (b) on all principles to be followed ..... 309 with the power to make rules regulating the recruitment and the conditions of service of persons appointed to public services and posts in connection with the affairs of the state until provision is made in that behalf by an act of the legislature. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj65
..... the reliefs claimed in the writ application are not appropriate but the real relief which the applicants desire is that we should prohibit the appellate authority from hearing this appeal and passing any order whatsoever on it. 4. ..... the application is opposed by mohanlal and others who have filed the appeal before the appellate authority and their case is that they have right to appeal under section 64 (b) and (f) of the motor vehicles act. 5. ..... appeals are creations of statute and unless a person can bring himself within the four corners of the statute law prescribing appeals, he cannot go before any appellate authority, in the motor vehicles act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj58
..... an appropriate guide may be found in section 13, legal practitioners act, no. ..... to adopt a different standard of proof in cases arising under the legal practitioners act would, in our opinion, be an entirely novel departure and unjustifiable on any known principle of law. ..... the tribunal did not accept this application and proceeded with the inquiry and in doing so they acted with perfect propriety. 4. ..... it appears to us clear that the same principles which govern inquiries under section 13, legal practitioners act should apply to inquiries under section 10 of the bar councils act. ..... a full bench of the patna high court made the following observations in a case under section 13, legal practitioners act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj81
..... which at the outset are ambiguous, must have the effect of bringing again into existence without limit as to time every instrument which had failed of validity by want of compliance with the formalities of the act of 1696 and must have the effect of setting up every such instrument, notwithstanding the titles and the arrangements of property which might have been made up on the assumption that those instruments were ..... the point before us, which have taken a contrary view to that in 'premchand's case (e)'.i am clearly of opinion, with utmost deference, that the circumstance of common citizenship or a common sovereign (which has sometimes been referred to as an act of state) is per se not a sufficient warrant for the proposition that the decree obtained by a plaintiff in one part of the country which was foreign as respects a non-resident defendant at the time the decree was ..... a conclusion should not be arrived at unless compelled by the strongest and clearest reasons, as it may lead to gross injustice.the mere amendment in the definition of the term 'foreign court' in the civil procedure code by act ii of 1951 is not, in my opinion, such a compelling reason as to lead the courts to the conclusion that the decrees, which were inexecutable in certain areas when they were passed, have become executable now, and ..... (act v of 1908).such conditions may be varied or altered by any treaty or arrangement between the respective countries and the two countries may by appropriate .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj110
..... petitioner had no bad reputation, that he has been deprived of the right of appeal, that his dismissal is in the nature of a quasi judicial proceeding and there being no alternative, adequate or efficacious remedy, a writ of certiorari or any other appropriate writ, direction or order should be issued against the state of rajasthan declaring the order dated 24-9-1954 void and restraining the opposite parties from enforcing that order.5. ..... in the civil employ of the state, and was therefore entitled to the protection provided by article 311 of the constitution.it is enough to say that there is no force in this contention, and a chaudhari appointed, under the land revenue act of bikaner is not a person in the civil employ of the state, and is not entitled to the protection of article 311. ..... person making the appointment or dismissal of the chaudhari a quasi-judicial tribunal, for a judicial approach is, in our opinion, not required in a matter of this kind, and it is that approach which distinguishes judicial and quasi-judicial acts from acts which are purely executive. ..... so far as judicial and quasi-judicial acts are concerned, it is well-settled that the person passing the order must give a hearing either as provided by law or rules, or on the principles of natural ..... first question that arises therefore is whether the dismissal of a chaudhari is a purely executive act or not. ..... action therefore taken by the state in dismissing the applicant must be held to be a purely executive act.8. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1956Raj121
..... opinion of the full bench stated that the characteristics of a usufructuary mortgage were (1) that the possession of the mortgaged property is delivered or agreed to be delivered to the mortgagee; (2) that he is to appropriate the rents and profits either (a) in lieu of interest or (b) towards the principal (c) partly in lieu of interest and partly in payment of the principal; (3) that in none of these the mortgagor ..... manner that undue emphasis is given to one part thereof at the cost of any other.it seems clear to us that whatever was the true meaning of section 99 of the transfer of property act in its own context and wording, we must take into consideration the alteration in the wording of that provision subsequently effected by the legislature, and bearing that in mind, the first thing that strikes ..... impossible for a mortgagee in the normal circumstances to bring a suit for sale unless indeed he can bring his case within the four corners of section 68 of the transfer of property act, but where such a case does not in fact arise, the ordinary incidents of a usufructuary mortgage must prevail.the law is indeed well settled, and it is scarcely necessary to ..... through the mortgagor, but in legal possession all the same, and it is not at all open to him to take advantage of section 68 of the transfer of property act and bring any suit for sale to enforce his mortgage.having given our careful consideration to this aspect of this matter, we are inclined to the view that this class of .....
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