Court : Rajasthan
Reported in : AIR1960Raj224
..... second sub-section of section 21.the learned counsel then argues that even so the principle of justice, equity and good conscience can at the most enable the court to act upon the common law of torts prevailing in england, which has been adapted in india, the law not having been codified; and since the common law did not ..... to him gets the benefit of free medical advice, the defendants cannot appropriate the benefit to themselves, by saying that by their negligent act they have not inflicted any financial burden on the' plaintiff in the ..... some stage that where a person to whom injury had been caused died instantaneously, as a result of the injury, he had no cause of action, and, therefore^ even under this act the heirs of the deceased couldnot sue for damages on account of his death; but this, in our opinion, is not correct.the cause of action in such cases is not the ..... this was the state of the english common law on the subject whatever the position may have been prior to lord campbell's act of 1846 and the law reforms act of 1934; and the indian courts when applying the rules of justice, equity and good conscience, would be justified in applying the law of torts as it stood ..... the two most important questions which arose for decision in the case were: (1) whether the collision was duo to the rash and negligent act of the driver of the kotah bus belonging to the defendant, or was it due to the negligence of the driver of the jhalawar bus; and (2) if the plaintiff was entitled to any .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj294
..... , inter alia, provides that the liquidator of an insurance company may apply to the court for appropriate action against any person or director of the insurance company on the ground that he has been guilty of any misfeasance or breach of trust in relation to the insurer, or that by reason of any contravention of the provisions of the act, the amount of the life insurance fund has been diminished,on such application being made, if the ..... that it was due to their conduct that the assets of the company had been proportionately diminished, and the loan had been taken in violation of the provisions of section 8 of the insurance act.the case substantially made out in the petition is that the board of directors being fully aware that no charge could be created by them on the assets of the company as such have diminished ..... by the liquidator to the government, and which in fact had been deposited in the reserve bank of india under section 98 of the insurance act, the directors had done anything to merit the penalty under section 106 of the insurance act.on that point we are perfectly satisfied that no case has been made out for compelling the directors to pay back this amount to the insurance company ..... after a careful examination of the matter held that it was necessary for the directors in order to comply with the provisions of section 98 of the insurance act, to take the loan required from the government, and deposit the same for the purpose of carrying on the business of the company. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj43
..... state in question.section 10 provides that all duties with which any instruments are chargeable shall be paid, and that such payment shall be indicated on such instruments by means of stamps according to the provisions contained) in the act or when no such provision is applicable thereto, according to the rules framed by the collecting government the rules so framed may regulate, in the case of each kind of instrument, the description of stamps which may be ..... 1955, provides that all duties with which any instrument is chargeable shall be paid, and such payment shall be indicated on such instrument, by means of stamps issued by the government for the purposes of the act and these rules; and the explanation to the rule says that a stamp of the central government or of the government of any covenanting state shall be deemed to have been super-imposed with the word 'rajasthan' ..... the counsel for the petitioner contends that the collector could have no jurisdiction to certify the document in the present case as being dully stamped, because under section 32 of the act, it is definitely provided that nothing in the section shall authorise the collector to endorse any promissory rote when brought to him after the drawing or execution thereof on paper not duly stamped.section 32, in ..... only two one anna stamps affixed on the document at the time, the other two stamps having been subsequently affixed thereon; and (2) the stamps affixed on the document were not of appropriate description.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj280
..... his lordship observed as follows: 'it is well settled that the rule of 'res judicata' applies to execution proceedings and even if a point, which ought to have been raised is not raised at the appropriate stage then it would be deemed to have been decided against the person who was entitled to raise it in the course of the execution proceedings.' 17. ..... it will be open to him to raise appropriate objections on this score before the execution court in case his personal property is proceeded against in the course of the execution and it will be the fluty of the execution eourt to decide such objections, if any, on merits. ..... that, however, mainly relates to the interpretation of section 214 of the indian succession act and has not much relevance to the controversy raised in this appeal. 19. ..... that is to say, even in cases where the judgment-debtor appears and 'offers any objection to the execution of the decree' and the court 'considers such objection,' it has to act under sub-rule (1) if it is not satisfied that the objection is valid. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj240
..... court to exercise the powers of the original court could not be extended to the making of the references, it was pointed out that the only provision in the arbitration act for extending the civil procedure code generally to arbitration matters are contained in section 41 of the arbitration act and therein it was provided that the provisions of the civil procedure code shall apply to all proceedings before the court and to all appeals under this ..... the legislature, while giving power to the court of original jurisdiction to make an order of reference under section 21, arbitration act, to exclude an appellate court from making such an order'.the conclusion was reached on the important considerations (a) that under the law prior to the act, an appellate court had the power to make an order of reference, (b) that the act is a consolidating act, (c) that in construing statutes consolidating laws there is a presumption that the law was not intended to be altered.7. ..... recognising and safe-guarding the rights of parties under section 39, section 37(5) should be interpreted to entitle to a suit to claim exclusion of the period taken in appeal against an order setting aside sale and the same principle may in appropriate cases be extended to revisions also.9. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1961CriLJ422
..... inquiry on the police report no case is made out and the accused should be discharged but the complainant insists that he has additional evidence to produce, then the order in the first inquiry may be reserved and an appropriate order should be passed after an inquiry based on the complaint is conducted in the manner provided under section 208 cr. ..... at the same time, there is no express bar either against consolidation in an appropriate case like the one stated above. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1961CriLJ406
..... thirdly he contended that the provisions of section 178-a being against the normal rule of evidence in criminal cases the legislature would have used appropriate words to make its intention clear if it intended that the presumption should be available for holding persons from whose possession gold is seized criminally liable.19 ..... goods are smugled.it was found that the object of enacting section 178a was to prevent smuggling, that it applied only to certain goods which could be easily smuggled and 'which have been seized under the act in the reasonable belief that they are smuggled goods, taking into consideration the safeguards provided for affording relief and redress in the case of illegal or unjustified orders and the fact that the provision ..... it runs as follows:if in any prosecution in respect of any goods seized for nonpayment of duties, or any other cause of forfeiture, or for the recovering any penalty or penalties under the customs act, any dispute shall arise whether the duties of customs have been paid in respect of such goods, or whether the same have teen lawfully imported or lawfully unshipped, or concerning the place from whence such ..... section 23-a provides that the restrictions imposed under section 8(1) shall be deemed to have been imposed under section 19 of the sea customs act and all the provisions of the latter act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word 'shall' therein the word 'may' were substituted .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj250
..... 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 lie and that even such matters should be left to be decided by an election petition under section 19 of the act, which matters do not properly fall within the scope of any dispute relating to an election and can hardly be made the ..... constitution of india by jaiwant rao and 13 others against the state of rajasthan, the collector of kotah, the city magistrate of kotah and 34 others for an appropriate writ, order or direction (1) declaring that the kotah municipality was not properly constituted inasmuch as the wards constituted by the collector for the purpose of election were not ..... wide sense including all proceedings beginning from a declaration under rule 14 of the election rules up to the, stage of the declaration of the result of the elections.breaches of the mandatory provisions of the act or the rules committed by authorities other than the returning officer, either before the issue of a notification under rule 14 or after the declaration of the result of the election, do not fall within ..... one month's time for filing objections and the inhabitants of the municipality thus got ample opportunity of filing their objections, if any.it may be noted that under section 10 of the act, the government or its delegate has been empowered from time to time, generally or specially for each municipal board, (1) to determine the number of members, (2) to fix the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj179
..... rule governing such circumstances because that will depend upon the facts of each case; for instance it may be said that where the court is satisfied that the value of the security has diminished by the act of the mortgagor or otherwise or where the mortgage security is apparently insufficient to liquidate the entire dues of the mortgagee on the foot of the bond in suit, the court may be inclined to appoint a receiver so as to place the rents and ..... a simple mortgagor, according to the learned chief justice, has a right to remain in possession and to appropriate the profits of the mortgaged property till the sale has actually taken place and that right cannot be defeated by the appointment of a receiver. ..... that in an appropriate case a receiver can be appointed does not mean that the decree-holder can claim the appointment of a receiver as a matter of right. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj25
..... light of the definition given in section 268 of the penal code, then the view that there cannot possibly be a public nuisance within the meaning of section 91 read with clause 48 of section 3, of the general clauses act with respect to the infringement or injury to a village pathway seems to me, with utmost respect, for the eminent judges who have taken that view, to be not free from a certain amount of doubt or difficulty having regard ..... which was objected to, and any interference with the same was likely to wound their religious susceptibilities and those of their co-religionists, a decree for demolition should not be passed, but instead, appropriate damages may be awarded to the plaintiffs.5. ..... more persons having obtained the consent in writing of the advocate-general, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case. ..... , always claimed and were accepted to be the owners of such land, and it is on the strength of this ownership that they used to sell abadi lands in their jagirs without let or hindrance and appropriated the proceeds thereof ..... . at this stage, it would be appropriate to deal with a further contention raised ..... bear in mind is that where an injury caused to a person or persons would constitute a sort of a perennial trespass--a trespass day in and day out -- upon his or their rights, normally a mandatory injunction is the only appropriate remedy .....
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