Court : Rajasthan
Reported in : 1957CriLJ100
..... was contended in this connection by the learned government advocate that the detenu was required to be furnished with the grounds of his detention only under section 7, preventive detention act to enable him to make a representation against the order of detention at the earliest opportunity to the appropriate government and that the absence of such grounds except under section 7 was altogether immaterial, because the district magistrate could have been satisfied on the material placed before ..... we are aware that the power to issue a detention order under section 3, preventive detention act from the point of view of sufficiency of grounds is primarily a matter for the satisfaction of the appropriate authorities specified in that section and that it is not for us to determine whether the grounds for such detention are sufficient or ..... order has been made and such other particulars as in his opinion have a bearing on the matter, and it is further provided that no such order made after the commencement of the preventive detention (second amendment) act, 1952, shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the state government. ..... petitioner was arrested in pursuance of the order of the district magistrate pali dated 7-1-1956, passed under section 3, preventive detention act, 4 of 1950 as amended from time to time with a view to preventing him from acting in any manner prejudicial to the maintaining of public order. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj39
..... may or may not possess withregard to some of the courts or tribunals functioning in its territorial jurisdiction.it seems to us well-settled at this date that the high court is invested with judicial superintendence over the acts or decisions of not only those courts which are under its appellate jurisdiction but also of tribunals over which it has no administrative control but which are functioning within the territorial jurisdiction of the high court.14. ..... for specific performance the court can grant damages even when a plaint does not contain a prayer for them.this view appears to have been propounded on the language of section 19 of the specific relief act; but, with respect, we wish to point out that the very first paragraph of the section says that any person suing for the specific performance of a contract may also ask for compensation for its ..... inasmuch as we have come to the conclusion that our jurisdiction has been invoked in this case under article 227 of the constitution also and that article undoubtedly furnishes us with the requisite authority in an appropriate case to substitute our own order in place of or to vary an unjustifiable order of any tribunal exercising authority within our territorial jurisdiction.13. ..... lordships said is this :'this power of superintendence conferred by article 227 is to be exercised most sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority and not for correcting mere errors. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj54; [1957]32ITR592(Raj)
..... of the income-tax was ultra vires, for in that case we would give relief to the applicant as it is not possible for authorities constituted under the income-tax act to give him relief by holding any part of the act ultra vires.but where as in this case no part of the act is being attacked, there is, in our opinion, no justification for us to intervene at this stage when other re-medics which arc not necessarily onerous are still open to ..... time, and prays that this court should interfere on three main grounds, namely-(1) that the income-tux officer, ajmer, who issued the notice had no jurisdiction under section 64 of the income-tax act to issue such a notice to the applicant; (2) that it was incumbent on the income-tax officer to refer the dispute as to the place of assessment under section 64(3) of the income-tax ..... act, and as that was not done, the income-tax officer could not proceed further; and (3) that there was no income-tax in mewar, 1945-46 and the income-tax act 1922 did not apply to the state of mewar, and consequently the applicant was not liable to pay income-tax on the ..... income-lax officer, ajmer, holding his office at udaipur, and also designated us income-tax officer, a ward, udaipur, under article 226 of the constitution, for a writ in the nature of mandamus, prohibition or certiorari or any other appropriate writ direction or order.2. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj35
..... wages have not been validly fixed, and the notification of 24th of march, 1952, appointing a committee, and 29th march, 1952, fixing minimum wages, are invalid in as much as the provision of section 9 of the act has not been complied with; (2) the delegation of powers by the central government to the rajasthan government under article 258 of the constitution is invalid as article 258 has no application to such a case as the fixing of ..... opinion and it was then advised that as minimum wages had never been legally fixed in rajasthan, the obligation to pay for a weekly holiday did not arise at all, for under section 13 of the act such obligation only arose after the minimum rate of wages had been fixed.if this were the only case of its kind, we might not have interfered in favour of the applicant, as in this case the ..... the following observations :'as regards the procedure for the fixing of minimum wages, the 'appropriate government' has undoubtedly been given very large powers. ..... these have to consist of persons to be nominated by the appropriate government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of the total number of members, and one of such independent persons ..... the procedure for fixing minimum wages, and there arc two methods either of which can be adopted by the appropriate government. ..... the appropriate government is authorised to fix minimum rate of wages in the scheduled .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj7
..... in saying, however, that the interests of the litigating public as well as the interests of the profession demand that such practices wherever found must be dealt with in an appropriate manner, and we consider, having regard to all the relevant considerations and the standing of shri kalla, that he should be suspended frompractice for a period of two years ..... applying the above principles to this case before us, we are clearly of the opinion, for the reasons mentioned by us in the foregoing part of our judgment, that shri kalla in acting in the manner in which he has done, namely, -- that he kept the case of the petitioner in cold storage with him for an unreasonably long time after his engagement, and ..... lastly that shri kalla had put in a plaint and a vakalatnama purporting to bear the petitioner's signatures but which were not his, and for all these acts of omission and commission, shri kalla should be held guilty, not merely of negligence as opined by the tribunal, but of gross professional misconduct. 9. ..... matters we desire it to be clearly understood that a lawyer must act in an honest, upright and straightforward manner, and in the ultimate analysis, it is his personal responsibility so to act and he can disregard the performance of such duty only at ..... we cannot help remarking that shri kalla has acted in a wholly irresponsible manner, and that we are not at all satisfied that even taking it for granted that an adjournment was unavoidably necessary as to the hearing on the 28th .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj115
..... of an appellate or revisional court so as to correct any mere errors of law or fact committed by courts or tribunals within our territorial jurisdiction, it should be remembered at the same time that it is our duty to see that such courts and tribunals act within the due bounds of their authority and that they exercise such authority in the manner prescribed by law and not arbitrarily or capriciously.the principle which emerges from an examination of the cases clearly is that ..... undoubtedly be the result, for, the appeal under section 17 would be heard by the district court and any order of a district court would be revisable by the high court under section 115 of the civil procedure code in appropriate cases.that, however, is no reason for us to say that any order of the authority under section 15 would also be revisable by the high court. ..... therefore, it would be within the power of this court to interfere with the order of the authority under section 15 in an appropriate case under article 227 of the constitution.whether in practice this court should interfere or should not interfere is a question to be decided on the facts and circumstances of the particular decision challenged under article 227. ..... if it is a civil court, a revision will naturally lie under section 115 of the civil procedure code to this court from the orders of the authority in appropriate cases.there are two views prevalent in the high courts in india in this connection. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj148
..... , air 1953 orissa 329 (b), it was observed as follows:--'it has also to be remembered that the petitioner is only a probationer, 'probationer' has been defined in r, 39 of the rules made by the governor of orissa under section 241, government of india act, as a'government servant employed on probation in or against a substantive vacancy in the cadre of a department'.the discharge of such a person, during the period of probation, does not amount to 'removal' or 'dismissal' within the meaning of the civil services (classification ..... we do not mean to lay down that a probationer cannot be granted certain rights and privileges under appropriate rules. ..... 39 of the rules' made by the government of orissa under the government of india act, could not claim protection under article 311 of the constitution of india. ..... fox, (1693) 1 show 506, 532 (g), lord holt said: 'i think we should be very bold men, when we are entrusted with the interpretation of acts of parliament, to reject any words that are sensible in an act'. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj7
..... which would come under rule 3.they went on to point out that it was open to a court to act under rule 3 also in such circumstances provided there was material on the record on which the suit could be decided on the merits under ..... under rule 3; but as rule 3 is a discretionary provision it is also open to the court, in the case of absence of a party, to proceed under rule 2.where the court proceeds under rule 2, the remedy under order ix may in appropriate cases be available. ..... order xvii, rule 2, and that rule 3 only applies when the party, against whom it is to be used, is present and has failed to produce its evidence, or to cause the attendance of its witnesses, or to perform any other act necessary to the further progress of the suit for which time had been allowed. ..... held that the two rules were not mutually exclusive, and that where a party was absent on the adjourned date which had been granted on his request for taking certain act on, the court had a discretion to proceed either under rule 2 or rule 8.11. ..... , however, we have no hesitation in coming to the conclusion that there is a failure to produce the evidence, or to cause the attendance of the witnesses or to perform any other act necessary to the further progress of the suit. ..... stands, all that the court has to see is whether the party to whom time has been granted has failed to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj250
..... . this pro-vides that recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state shall be regulated by acts of the appropriate legislature ..... . there is also a proviso which gives power to the president or the governor to frame rules for this purpose until provision in that behalf is made by or under an act of the appropriate legislature ..... . there was a similar provision in the government of india act, 1919, providing for the framing of rules by the secretary of state for india .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj114
..... vehicles, the fact that on account of this taxation, the charges of transport vehicles are higher let us say by an anna a maund is, in our opinion, merely an indirect or consequential result of this act, and such an impediment may fairly be called remote.it would be a different matter if the taxation is so high that it virtually kills trade and commerce by compelling the traders to rise their prices to an exorbitant rate. ..... that regulation of trade, commerce and intercourse among the states is compatible with its absolute freedom, and(2) that section 92 is available only when a legislative or executive act operates to restrict such trade, commerce and intercourse directly and immediately as distinct from creating some indirect or consequential impediment which may fairly fee regarded as remote.17. ..... that it has to see is that the restrictions put by it on the rights of individuals in this behalf are reasonable restrictions.therefore, so far as that aspect of the impugned act is concerned, which affects the rights of individuals guaranteed under article 19(1)(d)' and (g), the state legislature can pass a law without the necessity of previous, sanction of the president to the ..... or kept for use in rajasthan unless the owner thereof has paid, in respect of it, a tax at the appropriate rate specified in the schedules to this act within the time allowed by section 5. ..... the act with the schedules is that no one can use or keep a motor vehicle in rajasthan without paying the appropriate tax .....
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