Court : Rajasthan
Reported in : AIR1963Raj245
..... on 11th july, 1941, the judgment-debtor then filed anotherapplication under section 35, bengal money-lenders act for reopening the preliminary decree, but it was dismissed for default of appearance on ..... sought to take advantage of the bengal money-lenders act and filed an application under section 36 thereof. ..... has been an appeal were comprehensive enough to include the appeal from the order dismissing the application under order 9, rule 9, civil procedure code, made in connection with the proceedings under section 36, money-lenders act. ..... an application under order 9, rule 9 for the restoration of the proceedings under section 36, money-lenders act. ..... learned counsel for the respondents that the preliminary decree passed by the court was in accordance with the award, that although the defendants had challenged the validity of the award in an appeal under section 39 of the arbitration act, it was in essence an appeal against the preliminary decree, because the preliminary decree and the award were identical, that after the decision of this court on 3rd july 1961 the order ..... in view of the consensus of opinion of the learned judges of the high courts of bombay, patna calcutta and wagpur with which we respectfully agree, we find ourselves unable to follow the view of the allahabad high court in anmolsingh's case, air ..... suit for recovery of the entire mortgage-money secured by all the said documents, against the present appellants on 14th march, 1946 in the court of sub-judge, ajmer .....
Tag this Judgment!Court : Rajasthan
Reported in : (1963)IILLJ187Raj
..... of interest was claimed under the then bihar money-lenders act which was held to be ultra vires by the ..... continued to draw salary and dear-ness allowance at the rates at which it was paid to him by the railway but preferred claims from time to time under section 15 of the payment of wages act against the railway for the difference between the salary and dearness allowance actually paid to him and that which would have been payable to him if the earlier fixation ..... held that standard wages fixed by government did not come within the purview of the definition of 'wages' contained in section 2(vi) of the payment of wages act as they could not be regarded as remuneration payable under the contract of employment entered into between the employer and the ..... when the present applications were filed, the definition of ' wages' as contained in section 2(vi) of the act stood, as follows;wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable, whether conditionally upon the regular attendance, good work or conduct or other behaviour of the person employed, or otherwise, ..... this was referred to the industrial court at bombay which made an award on 23 april 1949 and awarded a bonus equivalent to four and a half months' wages subject to the condition that a claim in writing was made to the manager ..... effect from 2 april 1946 and in grade iii with effect from 26 december 1946. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)54CTR(Raj)188; [1987]164ITR148(Raj); [1986]63STC203(Raj)
..... for reasons beyond control, the audit report could not be submitted within the specified date, then the assessee will be subject to the penalty as contained in section 271b of the income-tax act, whereas under section 139(2), discretion has been given to the income-tax officer that if a return could not be filed in time, then he can extend the time, but ..... it is necessary so to do, he may, with the previous approval of the commis-sioner, direct the assessee to get the accounts audited by an accountant, as defined in the explanation below sub-section (2) of section 288, nominated by the commissioner in this behalf and to furnish a report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be ..... connection, learned counsel for the petitioner invited my attention to the definition of 'assessee' as given in section 2(7) of the income-tax act, which reads as under : ' 'assessee' means a person by whom any tax or any other sum of money is payable under this act, and includes- (a) every person in respect of whom any proceeding under this act has been taken for the assessment of his income or of the income of any other person in respect ..... maharashtra , is also distinguishable because in this case the question was whether copra powder was different from copra and whether copra as found in entry 6 (viii) in schedule b, part ii of the bombay sales tax act ..... 93 of 1946, a partner of the firm of the plaintiffs in that .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(3)WLC122; 2002(4)WLN92
..... moreso, under rule 27 of the rajasthan municipalities rules, 1963 (for short, 'the rules, 1963'), appointment cannot be made on ad-hoc basis for a period of more than one year and the post of tax assessor under section 114 of the act, 1959 can be filled up only with previous sanction of the state government and as the said post had never been sanctioned in the board, workman's appointment was illegal; an assessor cannot be a 'workman' as defined under ..... moreso, it remains per incurium as the provisions of section 13-b of the act, 1946 have not been taken into account ..... . (79), the hon'ble supreme court, considered the issue as to whether 'inspector' in the bombay iron and steel board, constituted under the maharashtra mathadi, hamal and other manual workers (regulation of employment and welfare) act, 1969, was 'workman' under the definition and observed as under:-- 'no doubt, in deciding about the status of an employee, his designation alone cannot be said to be decisive and what really should go into consideration is the nature of ..... state of maharashtra (39), the court rejected the claim of the petitioner therein for regularisation on the ground of long continuous service observing as under:- 'nor the claim of the appellant, that she having worked as lecturer without break for 9 ..... state of maharashtra and anr. ..... the court placed reliance upon large number of its earlier judgments, including state of bombay and ors. v ..... (82); province of bombay v ..... . bombay iron & steel labour board and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj46
..... ceiling area had once been determined by the authorities under the provisions of the old law and if for one reason or the other, case is re-opened under section 15 of the new act then it is in all fairness that such a determination must be made in accordance with the provisions of the old ceiling law which were employed while determining the ceiling ..... areas of the state (2) every person, who, on such date, is in possession of land in excess of the ceiling area applicable to him or who thereafter comes into possession of any land by acquisition under clause (b) ofsub-section (1) shall, within six months of such date or within three months of acquisition, as the case may be, make a report of such possession or acquisition to and shall surrender such excess land to the state government and place ..... such date (in this case the date is 1-4-1966) is in possession of land in excess of the ceiling area applicable to him or who thereafter comes into possession of any land by acquisition under clause (b) of sub-section (1), shall, within six months of such date or within three months of the acquisition, as the case may be, make a report of such possession or acquisition to, and shall surrender such excess land to the state ..... sc 77, the brihan maharashtra sugar syndicate ltd. v ..... of income-tax, bombay city,air 1954 sc 470 a question arose in an income-tax matter whether the income which has not been received by the assessee should be assessed and in that connection a ..... johnson, (1946) 1 all .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj109
..... making over of the property by the mortgagee to the mortgagor and redelivery by the latter to the former was not necessary to bring about a sale in favour of the former under section 54, transfer of property act, but that it would be enough if the mortgagee took the property as a purchaser and the mortgagor admitted that from that moment the purchaser held the property as purchaser and not as mortgagee. ..... case ((1907) ilr 34 cal 207) and held that it was not impossible to deliver symbolical possession and such delivery is familiar in law; but the reason which led their lordships of the bombay high court in bhaskar gopal's case (air 1916 bom 223) to hold that a registered instrument was necessary, was that their lordships considered the landlord's estate as a right of reversion, on ..... court has always declined to allow the process of the court to be abused at the instance of a dishonest vendor, by ejecting from possession on a purchaser who has paid the purchase money and is in possession of the property, merely because he possesses no written instrument or because that instrument has not been registered' (emphas added)28. ..... documents of title like a patta in a vacant and dilapidated house, while the plaintiffs themselves were residing in a far distant place chandai, in district aurangabad in the state of maharashtra for almost 30 years. ..... referred to above, i am of opinion that the view expressed in the different decisions of this court with the exception of air 1946 pat 81 is correct. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN618
..... the only contention raised before us on behalf of the appellant is that in view of the provision contained in section 25 of bombay money lenders act, 1946 (hereinafter referred to as 'the act') the arbitrator or for that matter the sub judge, beawar was not empowered to award interest at the rate of more than 6% per annum. ..... the leraned counsel for the appellant also failed to show that under section 25 of the bombay money lenders act, interest could not be awarded at the rate of 9% per annum on secured debts '4. ..... there is no controversy between the parties that the bombay money lenders act was made applicable to the erstwhile state of ajmer of which beawar was a part, by notification no c/9/6/52 h.s. & r. ..... dated 25 10-1952, gazette of india part iii 1st november, 1962 was appointed as the date on which the bombay money lenders act, 1940 was brought into force in the state. ..... fix the maximum rates of interest for any local area or class of business or money-lending in respect of secured and unsecured loans: xx xx xx xx xx xx(2) notwithstanding anything contained in any law for the time being in force, no agreement between a money-lender and a debtor for payment of interest at rates exceeding the minimum rates fixed by the government under sub-section (1) shall be valid and no court shall in any suit to which this act applies ward interest exceeding the said rates. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... the purposes of the act shall be those set out in schedule i appended to these rules, and clause 13 appears in these model standing orders of the central rules.section 12a of the industrial employment (standing orders) act, 1946 makes it clear that the model standing orders shall be deemed to be adopted in the industrial establishment till the standing orders certified under this act for that particular establishment comes ..... enables the employee to turn a new page in his life and save the reputation of himself and the employer in suitable cases.thus even when the industrial employment (standing orders) act, 1946, was enforced in the year 1946, the model standing orders introduced provisions therein both for dismissal by way of disciplinary action and termination of service by giving one month's notice or payment of one month's wages ..... of the supreme court, the most of which have been referred to above, in one way or the other, have been noticed by bombay and karnataka high courts for taking out two divergent views, one, karnataka quashing the regulations providing the termination of services of permanent employee and bombay, upholding the power of the employer in a corporation to terminate the services of a permanent employee, guidance provided in them is only ..... the facts and circumstances, is necessary in the interests of justice to safeguard the public exchequer's money which form major part of contribution to funds of corporation the above note of krishna iyer j. ..... maharashtra .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj60
..... an important point of law relating to the interpretation of section 2 of the hindu married women's right to separate residence and maintenance act, 1946 (no. ..... leaves no doubt that a hindu wife is entitled to a right of separate residence when there is any other wife living whether that wife's marriage has taken place before the act came intoforce or after it had come into force and whether the husband had married that wife prior to the wife claiming separate residence or after her.the legislature must be ..... satisfied that we should grant maintenance to the plaintiff under sub-section (7) of the act, but she is entitled to such maintenance only from the ..... been paying any maintenance allowance to her and also did not take her to his house.the plaintiff filed an application under section 488 of the criminal procedure code in which the defendant by his tactics persuaded her to compromise. ..... he is guilty of such cruelly towards her as lenders it unsafe or undesirable for her to live with him;(3) if he is guilty of desertion, that is to say, of abandoning her without her consent or against her wish;(4) if he marries again;(5) if he ceases to be a hindu by conversion to another religion;(6) if he keeps a concubine in the house or habitually resides with a concubine;(7) for any other justifiable cause'.it is mentioned in this section that the hindu married woman shall be entitled to separate ..... the same view is taken by a division bench of the bombay high court in the case of laxmibaiwamanrao v. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLN635
..... implication as to a state of mind; if the mental element of any conduct alleged to be a crime is absent in any given case, the crime so defined is not committed.the supreme court held that the offence punishable under section 7 of the essential commodities act, 1945, by a dealer, requires mens rea as the dealer is a person who carries on business of purchase and sale foodgrains and for the contravention of a prohibition to be an offence, mens rea is, necessary condition.27. ..... person or human being or thing nor evil lies in any power, potential capability or the skill nor evil lies in any particular frame of circumstances but, in certain combination of circumstances in which a certain act may produce evil consequences and that if necessary changes are brought about in the frame of circumstances, it would be possible not only to avoid the evil consequences but to obtain benefits and mankind has assumed ..... on the subject were referred to in the judgment of this court in state of maharashtra v. ..... on appeal, the high court of bombay held that the relevant notification issued by the central government did not apply to a person carrying gold with on his body, that even if it applied, the mens rea being a necessary ..... to allegation of use of money given to writ petitioner by ..... 1946 ..... clearly or by necessary implication, rules out mens rea as a constituent part of a crime, a defendant should not be found guilty of an offence against the criminal law unless he has got a guilty mind;' 1946 111 j.p. ..... 1946 .....
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