Court : Rajasthan
Reported in : AIR1967Raj221
..... before me.11. it is not disputed that the four applicants before me are governed by the provisions of the army act, 1950. section 69 of the army act provides that subject to the provisions of section 70, any person subject to this act, who at any place in or beyond india commits any civil offence shall be deemed to be guilty of an ..... persons governed by the army act alone are being prosecuted. in the first category of cases the provision of section 549 read with rule 3 need not be followed if the trial has commenced and ..... been furnished, in my opinion, on the very language of section 251-a the trial did not commence.the language of section 5 (1) of the criminal law amending act, 1966 clearly makes a distinction between the two categories of cases (i) cases in which persons governed by the army act are accused along with others; and (ii) cases where .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(3)Raj1734; 2006(2)WLC452
..... gcm and consequent order of punishment is arbitrary and illegal.8. learned counsel for the petitioner next argued that wife of the petitioner, smt. anchi kanwar made petition under section 164 of the army act, 1950 and the competent authority seriously erred in returning the petition without considering it. he contended that smt. anchi kanwar, being constituted attorney for and on behalf of her ..... , as noted above, has been placed on record. counsel for the petitioner contended that the said authority is not competent to confirm the sentence awarded by the gcm. section 154 of the army act, 1950 runs as under:154. power to confirm finding and sentence of generalcourt-martial.the findings and sentences of general courts martial maybe confirmed by the central government, or by .....
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 : 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, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj264
..... . the test has been laid down by their lordships of the supreme court in province of bombay v khushaldas section advani, air 1950 sc 222, for judging when an authority can be said to act quas: judicially. following this (rase a division bench of this court consisting of wanchoo c. j., as he then was and dave j., as he ..... division bench case in air 1954 raj 264, bv no stretch of imagination the act of issuing directions under section 44(4) of the act ran be regarded as anything but a pure administrative act of the state transport authority which does not partake ..... when the state transport authority issues directions under section 44(4) of the act. it does not act in its judicial capacity. apart from what their lordships observed above in rajagopala's case. air 1964 sc 1573, even according to the principles that their lordships had laid down in advani's case, air 1950 sc 222. and which were followed by a .....
Tag this Judgment!