Court : Rajasthan
Reported in : AIR1958Raj262; [1959]10STC270(Raj)
..... now article 32 is in the part relating to fundamental rights and sub- article (1) of it lays down that the right to move the supreme court by appropriate proceedings for the enforcement of the rights conferred by that part is guaranteed.then comes sub-article (2) which gives power to the supreme court to issue directions or orders or writs, including writs in the nature of habeas corpus, ..... however, even if full force is to be given to these observations, which appear with all respect, to be obiter, the question arises whether the mere fact that the act provides that the tax has to be deposited before an appeal is filed makes the remedy so onerous as to make it an inadequate al-ternative remedy in every case. ..... we, therefore, see no reason why we should issue a writ of certiorari which is a discretionary writ at this stage short-circuiting the procedure provided in the act.if we were to permit this, it would only be a short step from here to permit writs of certiorari from judgments of trial courts in civil matters direct to this court under article 226 of the constitution short-circuiting the procedure of ..... a similar matter came up for consideration before this court in ramniranjan kedia's case (a) under the income-tax act.in that case also ramniranjan kedia made an application under article 226 of the constitution after the income-tax officer had assessed him to income-tax. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj318
..... we should like to make certain general observations as to limitation which will be of help in the peculiar circumstances that have arisen on account of three acts of limitation being brought into force in quick succession within three years from 1949 to 1951.each of these acts had a saving clause which we shall consider at the appropriate moment. ..... the saving clause.it was pointed out that if the intention was that the period prescribed in the saving clause would also be subject to the provisions contained in the various sections of the limitation act, the provision in the saving clause would have beensomewhat similar to the provision of section 3, the relevant portion of which is in these terms:'subject to the provisions contained in sections 4to 25 ..... was made within the period of limitation which was in force at the time the acknowledgment or part payment was made, upto the date, when the new limitation act comes into force; thereafter the terms of the new limitation act, whether contained in the first schedule or in the sections, including the saving clause, will apply.if an acknowledgment or part payment is made during the special period of ..... cases to three years; but the saving clause contained in section 4 gave three years or the period under the old act whichever was less.under the old 1945 act, the period was upto 8-4-1953 and therefore, under the 1949 act, this suit would become barred on 26-3-1952, for three years period contained in the saving clause was shorter than the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj154
..... to extend the principle to a question of limitation.the earlier decision of the same court in air 1921 all 325 was referred to wherein it was held that the plaintiff in a case like this was entitled to appropriate the payments to the earlier items in the account, but was not entitled to credit them to the entire balance due up to date in the sense of saving limitation for each and every item. ..... nag 266, it was held that :'if more debts than one are due and a payment is made which is not specifically appropriated, it is a question of fact in respect of which debt the payment was made. ..... respect, i fail to understand why the plaintiff cannot appropriate a payment towards all the items outstanding on a particular ..... if a payment within the meaning of section 20 is made and appropriated towards a number of items, the claim to which is not barred by limitation, a fresh period of limitation shall run from the ..... the case is admittedly governed by article 52 of the limitation act being a suit for the price of goods sold and delivered where no fixed period of credit ..... entitled to interest on the items which have been proved by the vouchers under the interest act and not by way of damages. ..... section 60 of the contract act provides that 'where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful ..... however, only entitled to interest at the current rate under the interest act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj177
..... of the privy council did not take into consideration this aspect of the case as the main contestants, namely, the sajjadanashin and the kha-dims, were both interested to appropriate the offerings whether wholly or the part of them, and the durgah committee, which was a party to the suit did not properly put up the claims of the durgah. ..... 19 were not unqualified rights, and with respect to article 14, various enactments had already been passed for the administration of properties of religious endowments, as for example, sikh gurdwara act, nathdwara act (a mistake), bihar religious trust act, and further there were schemes of management settled by courts of law in various states in the country with regard to numerous durgahs existing over the length and breadth of india. ..... but as discussed earlier, their right to look after the tomb has its origin in times immemorial, and has never been challenged prior to the act-while the power to determine such privileges and the regulation of their presence is left to the committee, no guidance is given in the act for the exercise of this power, and it is left to the committee to arbitrarily grant licence to some or refuse to others, and recognise ..... that the members of the durgah committee were all of the hanafi sect, and had full faith in the chishtia order, and under section 13 of the act, the committee was enjoined to conduct and regulate the established rites and ceremonies in accordance with the tenets of the chishtia saint, and it is being .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj129
..... in our opinion, can validly be issued under section 44 (3) (a) of the act, and which is also appropriate in the circumstances of the case. ..... so far as the assam case, air 1954 assam 212 is concerned, it was decided before the amended motor vehicles act came into force, in the act, as it stood at the time of the decision, there was no provision for nationalising the transport service along any ..... it appears that the state government is considering a proposal to nationalise certain routes, including the jaipur-kotah route, and with this object, have requested the central government to enforce the road transport corporation act, 1950, in the territory of the state of rajasthan, and pending consideration of the proposal, the s. t. a. ..... we have carefully considered the provisions of section 44 and sections 47 and 57 of the act, and we do not think that there is any conflict between the direction issued by the s. ..... non-temporary permit cannot be issued for a shorter period than three) years and on nationalising the route compensation becomes payable to permit holders undersection 68-g of the act for the unexpired period of the permit at a substantial rate. ..... to give effect to if in the discharge of its functions under the act in view of the provision of section 44 (4) of the act.6. ..... a direction under section 44 (3) (a) of the motor vehicles act, and the r. t. a. ..... behalf of the petitioner is that such a direction cannot be issued, as it is opposed to the provisions of sections 47 and 57 of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj206
..... of the stock to such person or class of persons and in such circumstances as may be specified in the order.clauses (c) and (f) of sub-section (2) are particularly relevant for purposes of these applications, because, it is to be noticed, that acting under the provisions of clause (f), the petitioners were called upon to declare their stock and directed to sell the gram held by them to government agency or such other persons specified in the order, while under clause ..... issued fresh directions for sale of the gram in question to private parties or to himself.it is also conceded that the tehsildar had no power delegated to him to take action under sub-section (2)(f) of the act; though the rejoinders to the petitions filed on behalf of the government state that the tehsildar took such steps under the direction of the collector to meet the deteriorating food situation in jaipur and with a ..... power upon the delegate or sub-delegate there had been at any stage conferment of naked and arbitrary power, uncontrolled by any set standards.the power which was conceded to the central government under the act in question to make an order for controlling prices at which any essential commodity might be bought or sold was qualified by making it depend upon the will of the central government as to how far ..... in view of the above decisions which furnish an appropriate guide to the determination of the questions raised before us, we consider that it would serve no useful purpose to discuss the various .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj275
..... law and the rules and regulations for the supply of electrical energy published under notification dated 17-4-1956.the petitioner contended that the provisions of the indian electricity act, 1910 and the rules made thereunder had been infringed by the opposite party and the disconnection of the petitioner's premises was therefore illegal and arbitrary. ..... the supply is dependent upon various factors and in appropriate circumstances it may be open to the electrical concern ..... stage to prejudice any litigation that may appropriately arise between the parties in future.6. ..... the basis of excess rates and disconnecting the supply for non-payment thereof.in the replication filed by the petitioner, it raised the plea for the first time that the act ofdisconnecting the petitioner's premises amounted to interfering with the fundamental right of the petitioner to carry on its trade or business. ..... learned gov-eminent advocate rightly points out that it is al-ways open to the petitioner under the electricity act to obtain its own licence, if it so chooses; for the supply of electrical energy in order ..... the conduct of the respondents was illegal.we realise that if there is a fundamental right, there cannot be any estoppel against it nevertheless, even if the party who suffers may have acted in ignorance or that right at some earlier stage; but as we have shown there is no such fundamental right here. ..... has focussed his arguments on this belated plea in support of the prayer for an appropriate writ.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj25
..... deal with such a proceeding, it must require the committee to bring it in order, and it is only on its failure to do so that the government would be enabled to take appropriate action.we consider that this narrow interpretation would lead to extremely inconvenient consequences and could hardly have been contemplated by the legislature, particularly in the times when this section was enacted; and ..... powers was a merely administrative order, and that it was more a matter of policy rather than of a judicial determination and was, therefore, not a judicial or a quasi-judicial act but in administrative act.in our view, that case is entirely distinguishable from the case before us, and we are unable by any rational process of reasoning, to hold that the determination of the respective ..... called point of order could have been decided without any trouble or hesitation at the meeting itself, and there was hardly any necessity for the senior vice chairman who was acting as chairman for the meeting to consult anybody in the matter.in fact, the senior vice chairman decided the point of order which he had reserved, at the next ..... not lay, down the procedure which the state government i may adopt in deciding a matter under this section.but that cannot, in our opinion, be held to be conclusive; because a duty to act judicially, even where it is not expressly prescribed by law itself, may be necessarily implied therein by the very nature of the case, and where such a duty can be reasonably held to be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj105
..... held that as the mortgagee rights never vested in the custodian under any law and as no proceedings for declaring such mortgagee rights to be evacuee property by issue of a notice under section 7 of the administration of the evacuee property act were taken, the decisions of the assistant custodian and the custodian of the evacuee property were without jurisdiction and nullity and the waiver or acquiescence on the part of the petitioner could not confer any ..... : (air 1953 raj 193),a petition for a writ of certiorari was filed on the ground that the decision of the lower court was without jurisdiction for the reason that the chairman of the appellate authority acted as such without being appointed in accordance with law and the constitution of the tribunal, therefore, was illegal.a preliminary objection was raised by the opposite parties that the petitioners having acquiesced in running their vehicles ..... submitted himself to the jurisdiction of the revenue courts, indeed when the case was before the collector it was with his agreement that the proceedings were converted into those under section 32(1), hyderabad tenancy act', and it was observed that:'in the matter of issue of a writ by way of certiorari the high courts' powers are discretionary, and where the applicant armed with the point which would oust the jurisdiction of the ..... it means 'of or pertaining or appropriate to the administration of justice or courts of justice or a judge thereof or the proceedings therein. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj216; 1960CriLJ1138
..... it was further held that in such a case there would be nothing wrong if the magistrate cancelling the preliminary order cancels the order of attachment as well, and that it was but right that when the jurisdiction to act under this section is found wanting, the magistrate should restore the status quo ante by directing the delivery of the property to the patty trom whom it was attached.it was further observed, however, that this ..... it was also observed in this case that where it is not possible to determine the status quo ante the appropriate order for the magistrate to pass is to retain the property in the custody of the court and direct the parties to have recourse to a civil court to obtain possession, of the property.with all respect, so far as this observation is .....
Tag this Judgment!