Court : Rajasthan
Reported in : AIR1960Raj152
..... of transgression of law in respect of certain preliminary matters which go to affect the very roots of the local body, then it would be going too far to hold that an application to the high court for an appropriate writ cannot he and that even such matters should be left to be decided by an election petition, which matters, in my opinion, do not properly fall within the scope of any dispute relating to an election and can ..... that nominated members, if any, shall be selected by the government from amongst persons who- (i) belong to the female, sex or any of the backward classes specified in the second schedule appended to this act, or (ii) are executing the functions of any office from time to time notified in this behalf by the government; provided further that when provision is made for nominated members the number of elected members shall ..... of vitiating the election, and it is only substantial or material errors which can have such an effect; but it is equally true to say that every substantial error made in violation of the provisions of the act may not be capable of being challenged before an election tribunal although it forms a preliminary stage in the process of the election, because such an error is really a different kind of error and often a ..... . in fact, in this case, because of the act of the collector in not issuing an appropriate notification, we are compelled to order the dissolution of the pali municipality, but i am humbly of opinion that the dissolution cannot be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj1
..... basis of that resolution and the predecessor in title of the respondent corporation went into possession of the land in question pursuant to the government resolution of 1865 and, acting upon the said resolution and the terms contained therein, the respondent corporation and its predecessor in title spent considerable sums of money in levelling the site and erecting and maintaining ..... 'an adverse holding is an actual and exclusive appropriation of land commenced and continued under a claim of right, either under an openly avowed claim, or under a constructive claim (arising from the acts and circumstances attending the appropriation), to hold the land against him who was ..... that quantum is necessarily defined and limited by the terms of the document and does not offend against sections 17 and 49, registration act or section 91, evidence act, the attempt to use the document to prove the quantum of the interest and the character of posses-sion thereunder is not the use of the document for the purpose of enforcing the mortgage ..... provided that an unregistered document affecting immoveable property and required by this act or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, or as evidence of part performance of a contract for the purposes of section 53a of the transfer of property act, 1882, or as evidence of any collateral transaction not required to be .....
Tag this Judgment!Court : Rajasthan
Reported in : (1959)IILLJ810Raj
..... prescribed manner to the authority provided under section 33a and on such complaint that authority has to adjudicate upon the complaint as if it were a dispute referred to or pending before it in accordance with the provisions of the act and has to submit its award to the appropriate authority and the authority before whom the application for approval is made has only to see how far the order of dismissal or discharge was justified to meet its approval. ..... a petition under article 226 of the constitution of india praying that a writ of certiorari or any other appropriate writ or direction or order be issued against respondent 1, the industrial tribunal, rajas-than, jaipur, after quashing his order dated 7 january 1958, directing him to decide the application made by the petitioners under section 33(2)(6) of the industrial disputes act, 1947 (hereinafter called the act), in accordance with law.2. ..... as have been indicated above, and in that connexion it may conceivably be open to the tribunal also to consider the failure of the employer to comply with the conditions laid down in the proviso of section 33(2) of the act as possible material for arriving at a finding on the good faith or otherwise of the employers in an appropriate case. ..... is contravention, the tribunal referred to therein is to adjudicate upon the complaint as if it were a dispute referred to and pending before it in accordance with the provisions of the act: and shall submit its award to the appropriate government. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj118
..... territories as it chose but there appears to us no intelligible basis for preserving it as good on the criterion that it is based on a sound classification for purposes of legislation.it further seems to us that an act like this but for section 6 which gives it, if we may say so, an extra territorial effect qua the domiciled residents of the old jaipur state would be perfectly useless, because it could be defeated by ..... rajasthan was formed by a combination of various states numbering about 20.besides, accepting that geographical considerations may form a suitable basis of classification for purposes of legislation in appropriate cases, we fail to see any pecularity in the conditions pertaining to the area of the former jaipur state which should justify a legislation of this character. ..... concurrent list, the law made by the parliament -must prevail and the law-made by the legislature must be held to be void to the extent of its repugnancy with the central act.it is also important to remember that by clause (2) of article 254, it has been further laid down in the constitution that even so the legislation of the state shall prevail in ..... our knowledge, is not in force in any other part of india, and, therefore before we can uphold it, we would require to be convinced that the evil which the framers of the act wanted to provide for was and is so peculiary rampant in the territory of the old state of jaipur that a special legislation was called for in that area even though such a law was .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj72
..... comprehensive and it may be open under it to any body concerned such as the urban improvement board in this case to raise a question as to the character of a certain land within the meaning of section 23 (1) of the resumption act, and if such a question is sought to be raised, then it cannot but be referred to the jagir commissioner in accordance with section 23 (2), and it is for him, after making the prescribed inquiry to hold whether it falls within ..... 2 raj 162: (air 1952 raj 132) by a full bench of this court that the board did possess the jurisdiction to review its earlier decision in the present case by virtue of section 229 of the act of 1955; but this would be subject to all the limitations contained therein that is, subject to the provisions of order 47 of the code of civil procedure; and we think that that is the correct position as ..... we may say at once that we see no force in the first contention raised by learned counsel for the petitioner before us namely that the jagir commissioner, or, for that matter, any other authority under the resumption act had no jurisdiction to determine the character of the land in the sense that it is or is not his private property.we think it sufficient in this connection to refer to sub-section (2) of section 23 which ..... a finding on this question can be properly arrived at, an inquiry has to be made, and the jagir commissioner undoubtedly has the requisite preliminary jurisdiction to make such an inquiry and come to an appropriate finding. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1959)IILLJ656Raj
..... invokes the jurisdiction of this court under articles 226 and 227 of the constitution of india and prays that this court may be pleased to issue a writ in the nature of certiorari, mandamus or any other appropriate writ, direction or order of injunction against the respondents and quash the interim award of the industrial tribunal dated 23 july 1958 so far as it decided about the question of wages to be paid to the siders ..... their lordships were discussing the scope of enquiry under section 22 of the industrial disputes (appellate tribunal) act, 1950, and after considering the circumstances of the case, it was held that the labour appellate tribunal has not directed its mind to the real question to be ..... question for increase in the wages was not at all referred to the tribunal and in view of the limitations on its jurisdiction placed by sub-section (4) of section 10 of the industrial disputes act, 1947, the tribunal acted without jurisdiction in giving an award modifying the wages of the siders. ..... point out that a mere perusal of the definition of ' award ' in section 1(6) of the industrial disputes act will at once reveal that the act makes no distinction between an interim award and a final award. ..... insertion of this provision of reference of specific matters in the act, considered with the further fact that it is open to the government to amend the reference or to make an additional reference, leads me to infer that the words 'matters incidental thereto' should not be interpreted .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj82
..... and therefore, they went to the length of holding that sub-section (2) of section 3 embraced within its scope the women who became widows not only after the commencement of the act but also those who became widows before the commencement of the act, subject to a rider which they felt compelled to impose on the proposition which they laid down above to the effect that that was the correct principle to apply so long as the ..... the majority decision was that there was nothing in sub-section (2) of section 3 to indicate that the death of the person referred to therein must have taken place prior to the commencement of the act and that all that it says is that when a hindu governed by the mitakshara school of hindu law dies having at the time of his death an interest ina hindu joint family property, his widow shall, subject to ..... the learned judges further observed in this connection that it was hardly appropriate to say that a hindu governed by the mitakshara law having an interest in the joint family property could be said to die intestate in respect of his interest because he has right to make a testamentary disposition with respect to it, and, therefore, ..... we also desire to point out that once the property solvent by the principle of survivorship to kishenlal's brother, we can see nothing in the jaipur act of 1947 (or the indian act of 1937) from which we would be justified in coming to the conclusion that such a right could be divested once it had vested in another member of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj189
..... suit brought for the purpose of impeaching the validity of the decree, to examine the evidence in order to see whether notices under order 32 rule 3(4) were, in fact, served, or whether the person nominated as guardian did consent to act as guardian or whether the court did expressly appoint such person as the guardian for the suit, unless it is shown that the defect in following the rates has affected the merits of the case. ..... but where the record, on the face of it, shows that the minor was not represented by a guardian for the suit, or was represented by a guardian disqualified, under the express provision of the statute, from acting as guardian the position is the same as if the minor were not a party to the suit, and the judgment rendered by the court is without jurisdiction and null and void'. ..... jogendra kar, air 1945 pat 133, it was again observed that 'if a minor is represented on the record by a guardian not disqualified from acting, the jurisdiction of the court to try and determine the cause as against the minor is complete and cannot be ousted on proof that the court did not follow the appropriate procedure for the appointment of the guardian'. ..... 32, rule 3) it was necessary for the court to see that a proper guardian is appointed to protect the interests of the minor and that the court after satisfying itself of the tact of minority is bound to appoint a proper person to act on behalf of the minor in the conduct of the case. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj30
..... (4) it is now being increasingly realised in modern times that there is no equal or substitute for the mother's love and warmth of affection towards children and, therefore, in appropriate cases on a consideration of tender age of a minor and other circumstances, such as second marriage be father, the father's right may be allowed to be defeated and subordinated to the interest of the minor and the custody of the ..... no case of this court having been cited before me, i consfder it neces-sary to lay down the principles deducible from these cases governing applications under section 25 of the guardians and wards act:(1) the first and the paramount consideration is the welfare of the minor and all other considerations are subsidiary and subordinate and should have importance proportionate to their bearing upon the welfare of the ..... an application in the court of senior civil judge under section 25 of the guardians and wards act and prayed for an order directing that the minor should be delivered in her custody. ..... appeal by gurdeosingh against the order of the civil judge, ganganagar, who accepting the application of the respondent daulat kaur under section 25 of the guardians and wards act directed him to deliver his minor son darshansingh into the custody of the respondent. ..... which have been enumerated in section 17 in connection with appointment or declaration of guardians for minors are relevant and help-ful in dealing with applications under section 25 of the guardians and wards act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj177
..... authority, it had no jurisdiction to entertain an appeal or revision, in order to pass the order which it did, the high court can ignore that order and issue an appropriate writ to the authority within its jurisdiction prohibiting its activities under cover of that order so as to prevent the infringement of the rights of the citizens and the commission of any mischief thereunder. ..... the contention was overruled on the ground that the agent could in no event exculpate himself from liability for the wrongful act done by hihm and it be is thus amenable to the jurisdiction of the high court the high court could certainly issue an appropriate writ against him under article 226.the second contention based on the ground of placing the original authority in the highcourt's jurisdiction on the ..... down a special procedure for payment of compensation in cases where the property has been leased or allotted to the displaced person by the custodian before the property vested in the government under the act.it has been specially provided that so long as the property remains vested in the central government the displaced person who had obtained a lease or allotment shall continue in possession of such property on ..... of this court under articles 226 & 227 of the constitution and praying for a writ of prohibition or any other appropriate writ in the nature thereof restraining the said respondent from acting on the order of the deputy chief settlement commissioner, new delhi, (who is now respondent no. .....
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