Court : Rajasthan
Reported in : AIR1950Raj2
..... of due care and attention. this means that every wrong advice given by the counsel will not amount to a sufficient cause entitling the appellant to claim indulgence under section 5, limitation act. it will amount to a sufficient cause, to repeat, when the advice was given bona fide but if it was due to the negligence or gross want of ..... , the latter was entitled to a condonation of the delay that had occurred in making up the court-fees stamp. in order that time may be extended under section 6, limitation act, the appellant must satisfy the court why delay had occurred. a bona fide mistake of fact or of law will indeed be a sufficient cause within the meaning ..... on the memorandum of the last appeal may be considered to be court-fees for this appeal as well. the learned counsel probably had very vaguely the provisions of section 13, court-fees act in his mind when he appended this note. but there seems no doubt whatsoever that while doing so, he did not carefully peruse the provisions of thia .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj113
..... was to be delivered the learned counsel for the author put in an appln that section 99 a was repugnant to section 19, const ind which came into force on 26-1-1950, & therefore the order of proscription should be set aside. he was allowed to argue ..... religion or the religious beliefs of that class, that is to say, any matter, the publication of which is punishable under section 124 a or section 253a or section 295a, i. p. c. reliance has been placed upon a ruling reported in baijnath v. emperor', air (12) ..... 1) of 1910, wherein no provision similar to that of section 99 d appears to have been made. but even in that ..... & other sections up to 99 g were not enacted when that decision was given, but were incorporated in the cr. p. c. in the year 1922 by the press law repeal & amendment act xiv (14) of 1922. the ruling relates to the provisions of the press act i ( .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
..... , the petnr. must be held to be immune from liability to assessment on the income of that year.15. the relevant section which calls for a careful consideration is section 2 (14a), income-tax act, as amended by the finance act of 1950, which defines 'taxable territories', & is as under :' 'taxable territories' means -(a) as respects any period before the ..... of rajasthan where income-tax had not been levied prior to 1-4-1960. in the rajasthan gazette dated 13-5-1950, the following notice was published:'in pursuance of sub-section (1) of section 22, indian income-tax act, 1922 (xi [11] of 1922) we the income-tax officers mentioned in col. 1 of the table below hereby ..... by some other law, & that law is the previous state law referred to in section 13, finance act, 1960. it arises in a twofold manner. in the first place, under section 6, general clauses act, the repeal of the state law as from 1-4-1950 did not affect any liability incurred under the repealed enactment & secondly though the language .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1953Raj78
..... was occupied by the army and dalziel was dispossessed. dalziel came to court claiming compensation as he alleged that fair compensation had not been paid. the law under which dalziel claimed compensation was in these ..... in the property, it cannot be said that he has been deprived of it. we may in this connection refer to the case of the -- 'minister of state for the army v. dalziel', (68 c. l. r. 261). in that case, dalziel was a tenant of a certain piece of land and used it as a car-parking station. that land ..... governor general under section 44 of the government of india act, 1935, is not expressed to come into operation on a particular day, it shall come into operation on the date on which it is enacted by the governor general.'7. there was no legislature in rajasthan and before the constitution came into force on the 26th of january 1950, laws used to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj233
..... him to the privilege of exemption' clearly indicate the basis on which the state government should grant an exemption, and therefore there is provision for a reasonable classification in section 133.11. before we examine the arguments put forward in this way by the parties, we may briefly refer to some cases defining the scope of article 14 of ..... of the notification in the sense that it could not be issued in the form in which it has been actually issued under section 133, that would not be a question relating to the validity of any act, ordinance or regulation and we would not be prepared to answer it. learned counsel for the defendant did try to raise the ..... many different meanings given to it in webster's dictionary, vol. 2, p. 2061:1. relative position or order, relative standing,2. grade of official standing as in the army, navy or nobility, etc.,3. degree of dignity, eminence or excellence; also relative position in civil or social life or in any scale of comparison, status, grade,4. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj291
..... to the government on account of an estate.obviously the word 'estate' used in the definition of land revenue does not refer to the word 'estate' as defined in section 4 of the act, because if it was so, it would be going round in a circle, and the word 'estate' would be denned with reference to the same word. obviously the ..... uttar pradesh by executive action. it was, in those circumstances, that the supreme court held that a grant could not be resumed by executive action after the 25th of january, 1950, after the coming into force of the constitution. at p. 455 it was expressly stated that no opinion was being expressed on the question whether the state would have the ..... thakurs who are the offshoots of the ruling family of jodhpur, and they are the real owners of the soil. it is also mentioned at page 10 that foujbal or army tribute is levied proportionately on the jagirdars of mallani. it may toe mentioned that it is in mallani that bhomichara tenure is found in the former state of marwar. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj73
..... it is incumbent upon them to achieve the end in view to carefully observe the rules enacted in this connection by the legislature under sub-section (3) of section 64 of the rajasthan panchayat act, and further that the failure to observe those rules is bound to frustrate that object and lead to no useful purpose whatsoever.6. the ..... we would expect the panchayat to mentionthe fact of its having received previous sanction of the state while issuing the proclamation under the rules enacted to effectuate section 64 of the act.it is well established that where the validity o a tax depends upon the taxing authority having obtained previous sanction of the state government, such previous ..... a notification to the effect that the panchayat had decided to levy a house tax on the residents of village deoli, under clause (e) of section 64 of the said act.by this notification a profession tax was also sought to be levied on the residents of other villages comprising this panchayat, but with that we are .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj286
..... cases that the suit brought by the non-petitioner is not an account suit within the meaning of article 31 of the second schedule of the provincial small cause courts act.4. there is no reported case of our high court on the point. the principles deducible from the reported cases appear to be these. where the plaintiff prays in the ..... schedule from its cognizance. the question for determination is whether the present suit is an account suit within the meaning of article 31. the case of the plaintiff is that acting as the agent of the defendant he received a consignment of 100 bags of wheat on 20-7-51 and 50 bags of barley on 8-8-51 from him ..... orderjagat narayan, j. 1. this is a defendant's revision application under section 25 of the provincial small cause courts act against ex parte decree passed by the judge, small cause court, ratangarh.2. the first ground is that the learned judge erred in proceeding with the suit ex parte and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj96
..... such in that state upto the year 1932. for the first time the 'kanun miyad, mewar' was brought into force on the 1st july, 1932. section 22 of this act provided that suits for which no period of limitation was prescribed by any circulars etc. previously,--and it is nobody's case that a period of limitation was ..... to a defect of jurisdiction, nothing more and nothing less. i may also point out that the words 'another civil proceeding' occurring in section 14 of the limitation act or the like words occurring in section 9 of the kanoon miyad mewar of 1932 will include execution proceedings in another suit. the expression 'civil proceeding'' is of wide import, ..... brought on the 19th june, 1945. both courts below, however, held that the plaintiff was entitled to the benefit of section 9 of the kanun miyad mewar which corresponds to section 14 of the indian limitation act it is strenuously contended before me on behalf of the defendant appellant that the plaintiff is not entitled to the benefit of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj33; (1967)ILLJ270Raj
..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--(i) who is subject to the army act, 1950, or the air force act, 1950, or the navy (discipline) act, 1934; or(ii) who is employed in the police service or as an officer or other employee of a prison; or(iii ..... deal with the several points mentioned above one by one starting from the first.5. the term 'workman' has been defined in the industrial disputes act, as follows: 'section 2(s) 'workman' means any person (including an apprentice) employed in industry to do any skilled or unskilled, manual, supervisory, technical or clerical ..... means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen (vide section 2(j)):7. the term 'industrial dispute' means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, .....
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