Court : Rajasthan
Reported in : AIR1958Raj265
..... evidence with respect to possession of both the parties was found unsatisfactory and the plaintiff was given a decree on the basis of his proprietary title, it was observed that from the pleadings of the case the appropriate provision would be article 144 and the suit will not fail until the defendants establish adverse possession for the statutory period either of the entire or limited interest.12. ..... the plaintiff went in appeal to the court of the district judge, alwar, but the appeal was dismissed on the ground that article 142 of the indian limitation act applied to the facts of the present case and the plaintiff being unable to prove her possession within 12 years before the suit, the suit was barred by limitation. ..... article 144 is a residuary article, which applies to a suit for possession of immoveable property or any interest therein not otherwise provided for in the limitation act.in the present suit, the plaintiff has prayed for possession on dispossession of the defendant. ..... i am therefore of opinion that the suit comes within article 142 of the limitation act even though one of the grounds is that the plaintiff is proprietor of the property. ..... their lordships observed that'the act applicable to the case is act xv of 1877 and the article is no. ..... with respects i may say that i do not think the view taken by the learned judges in deciding that case was the correct view as the phraseology of articles 142 and 144 of the limitation act was not taken into consideration. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj343
..... obviously when the tehsildar goes to the spot for deciding the limited question which alone he has jurisdiction to decide under sections 4a and 4b of the act, the law leaves it to him to decide it as best as he can on the spot after notice to parties and hearing their objections.where, however, he sends an officer subordinate to him, the law provides a procedure which this ..... that will avoid the confusion which has occurred in this case, and has in some cases certainly resulted in violation of the provisions of the act which provide for notice and notice to the opposite party is also one of the principles of natural justice.section 4b provides that the tehsildar shall issue a notice to the opposite party asking him to attend ..... which was in force at that time, and under which such a dispute has to be tried out in a suit which can only be tried by an assistant collector.it is urged that sections 4a and 4b of the act were not meant to modify the revenue courts procedure and jurisdiction act, and were only confined to cases of division and appraisementwhere there was no dispute as to the share which the landlord would get.12. ..... the power of general superintendence and control over all other revenue courts and officers under section 12 of the ordinance which was not dealt with in that case at all.whether the tehsildar acting under section 4a is a court or an officer, the board has power of superintendence over him under section 12, and can interfere with his orders in appropriate cases. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj282; 1958CriLJ1349
..... . the learned judges laid down the rule in that way, on the grounds of cheaper and quicker relief and expeditious disposal, and held the opinion, that, by so acting, it may not be necessary for the parties in many cases to come up to the high court at all, and that even in cases where it was so necessary, there would generally be an explanation of the magistrate or an affidavit of the other side ..... holding that a revision against a wrong order of transfer lies, and other courts holding that there is no real scope for revision in such a matter and that an application under section 528 (as it then was) was the only appropriate remedy ..... . this provision has been newly introduced into section 528 by the code of criminal procedure amendment act (no .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj77
..... was to get from the court as his expenses.this theory seems to be probable also because it is admitted before us on either side that there were no rules governing payments to ameens in such cases under the marwar tenancy act, and it was not known precisely what remuneration would be sanctioned by the court to be paid to the ameen.it may be mentioned in this connection that great stress was laid before us on the circumstance that the petitioners are ..... shridhar, (s) air 1957 raj, 7 (b), in the matter of the monies of a litigant in the hands of his counsel, the latter must act in an honest, upright and straight-' forward manner, and all expenditure incurred by him for and on behalf of his client out of such monies must be duly accounted for, and the withholding of such monies or ..... only by a cheque dated 19th july, 1955, and retained and appropriated the balance of rs. ..... to ameen rughnathmal, such payments had been made by shri bhanwarlal without any order of the court, and that he had acted carelessly and negligently in not objecting to the deduction of rs. ..... 388/13/- in an unauthorised manner and that to cover up this act of his, he manufactured the story of having made two payments ..... /13/-, and that similarly shri bhanwarlal had acted negligently in making the payment of ..... 78 and 79 of the marwar tenancy act against thakur himmatsingh of jasol (judgment-debtor) with respect to the income of certain villages as the tenants were recalcitrant and had declined to pay the hasil.consequently, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj192
..... restraint has been put upon the board to impose a tax and it is that it will have to impose a tax only after observing the preliminary procedure required by section 60 of the act and an elaborate procedure has been provided in section 60 and provision has been made for due publication of the rules prescribing tax and it has been specified what must those rules contain. ..... has been prayed that it be declared that the octroi duty imposed by the board is illegal and without authority and that by a writ of mandamus or prohibition or any other appropriate order or direction, the board be directed not to collect any octroi duty and it be directed to refund the amount of rs. ..... it would appear that the powers given to the central government were very wide in fact much wider than the powers given to the board under the act and it was under those powers that the cotton textiles (control of movement) order, 1948, was issued, clauses 3 and 4 of which were specifically impugned in that ..... 1337 collected from the petitioner without the authority of law and any other appropriate order or direction that may be deemed fit under the circumstances of the case be ..... these provisions were wide indeed and were made under the powers given under section 3, yet to their lordships the impugned provisions of the act under consideration were not ultra vires the legislature because the particular measure was enacted for the purpose of maintenance and increase in the supply of essential goods and for their equitable .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj80; 1959CriLJ520
..... being in force, no motor vehicle shall be used in any public place or kept for use in rajas-than 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 and, save as hereinafter specified, such tax shall be payable annually notwithstanding that the motor may from time to time cease to be used. ..... to have been in use or kept for use in this state within the meaning of section 4 of the act merely on this account.all that the language of the section legitimately seems to imply is that where a certificate of registration and a certificate of fitness are current with respect to a motor vehicle, then a statutory ..... owner who keeps a motor vehicle, with respect to which the certificate of fitness and the certificate of registration are current, shall be presumed to keep such vehicle for use so far as the purposes of the present act are concerned.it is not permissible, in our opinion, to argue from this that where a certificate of fitness or a certificate of registration may not have been granted, or received the vehicle should be held not ..... such vehicles in his possession in the course of his business under a trade certificate granted or deemed to be granted under the motor vehicles rules in force for the time being in the state at the appropriate rate specified in schedule 4 of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj218
..... the transfer in favour of dhulilal and chandralal was of an intangible immovable property and could be done only by a registered instrument as provided in section 54 of the transfer of property act.on behalf of the respondents it was urged that the transfer of property act was not properly brought into force in the former state of bundi and in any case the transfer was of tangible immov-abe property and had been properly effected by the execution of ..... of the property on the date of sale, it is enough for such delivery of possession to be sufficient within the meaning of section 54, if the character of his possession changes; and this can be effected if the vendor converts by appropriate declarations or acts the previous permissive possession of the vendee into possession as that of a vendee.16. ..... the principle of the decisions is that a mortgage as defined in section 58 of the transfer of property act is the transfer of an interest in specific immovable property but not the ownership of it.what is left after the mortgage with the mortgagor, is the ..... to go into the first question and assume that the transfer of property act was properly brought into force in the former bundi state by a kobkar ..... year 1998, amounted to delivery of property contemplated by section 54 of the transfer of property act, and made the sale valid and complete.as a consequence he held that the sale made by sukhdeva in favour of defendants 2 to 5 was not valid, as the vendee was not left with any interest .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj201
..... section 67 makes provisions for the report of the result and lays down that the returning officer shall report the result to the appropriate authority and to the election commission and in the case of an election to a house of parliament or of the legislature of a state also to the secretary of that house, and the aforesaid authority shall cause to be published in ..... in the case of an election petition such provision finds place in england, under section 6 of the parliamentary elections act, 1868, election petition is to be presented within 21 days after the return has been made to the clerk of the crown, unless it questions the return or election upon an allegation of corrupt practices, and specifically alleges a ..... nagendra nath pal, air 1926 cal 65,'the periods prescribed by the act (limitation act) are more or less arbitrary, and the fixing of the periods is founded on ..... put thus :'the return of a member is not made till the the writ with the certificate of the returning officer endorsed thereon reaches the clerk of the crown so that he may act on it, and the period of twenty one days does not begin to run until then.'14. ..... before i examine the relevant provisions of the rajasthan panchayat act (hereinafter called the act) and the rules made thereunder, it may be stated that elections in a democratic set up are generally conducted ..... thus according to the provisions of the representation of the people act, 1951, the date of an election of a candidate is the date of the declaration .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj227
..... the returning officer rejected the nomination paper on the ground that shri mukat was holding an office of profit under an appropriate government and was therefore disqualified under article 102 of the constitution.it is urged that this decision was incorrect and as the nomination paper was wrongly rejected, we should set aside the ..... commissioners and this undertaking seems to have been given later sometime after the date of the scrutiny of nomination papers.but even that would not make any difference as shri mukat was actually acting as oath commissioner from before and as soon as he gave the undertaking even later, his appointment would become perfect. ..... section 7(d) and (e).it is in that connection that the words 'appropriate government' as defined in section 9 come into play. ..... the government of india or the government of any state, other than an office declared by parliament by law not to disqualify its holder;' some argument seems to have been addressed on the basis of the definition of the words 'appropriate government' in section 9 of the act. ..... besides these points, it was also urged on behalf of shri raj bahadur that section 117 of the act was not properly complied with so far as the deposit of security was concerned and the election petition should have been thrown out on ..... has been provided because of certain provisions made by parliament in conformity with article 102(1)(e) in section 7 of the act relating to contractors and directors or managing agents of companies etc. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj175; (1959)ILLJ282Raj
..... complaint in writing, in the prescribed manner to such court or tribunal and on receipt of such complaint, that court or tribunal shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this act and shall submit its award to the appropriate government. ..... it follows, therefore, that no such com-piairit as was made by nathuram could be made under section 33a of the act before the industrial tribunal hearing the dispute, because there was in this case no contravention of section 33(1)(a) on account of the absence of any connection between the complaint of nathuram and the dispute before the ..... is to be found only in the latest edition of the act and that may explain why the tribunal overlooked it. ..... 14 of 1947) hereinafter called the act, to the industrial tribunal which was then seized of a dispute between the applicant and its ..... it also appears that as that act had come into force, nathuram was paid compensation under ..... that the employees' state insurance act, 1948 (no. ..... considered by the tribunal at all in its judgment and the reason seems.to be that the words ''in regard to any matter connected with the dispute' appeared in section 33(1)(a) for the first time by the amendment act no. ..... whether the deductions in respect of the complainant's wages for the months of january and february, 1957 made by the company amount to alteration of conditions of service in contravention of the provisions of section 33 of the act. .....
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