Judgment Search Results Home > Cases Phrase: borstal school act 1963 Court: rajasthan Page 5 of about 534 results (0.073 seconds)

Sargent Jone Vs. Rajasthan State Road Trans. Corpn.

Court : Rajasthan

Reported in : I(1990)ACC574; 1990ACJ1086

..... the provisions of section 12(1), limitation act, 1963 will also apply in view of the provisions of section 29(2) of the limitation act as admittedly there is no provision to its contrary in the motor vehicles act, 1939. ..... it is clearly provided in section 12(1), limitation act, 1963 that in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. ..... this appeal has been filed under section 110-d, motor vehicles act, 1939 (hereinafter called 'the act') against the award passed by the motor accidents claims tribunal, jodhpur dated february 2, 1985 by which it dismissed the claim petition on the ground of limitation. ..... 6th july, 1980 has also to be excluded under section 4 of the limitation act as admittedly it was sunday and the tribunal was closed on that day.7. ..... sub-section (3) of section 110-a of the act provides that no application for compensation shall be entertained under section 110-a of the act, unless it is made within six months of the occurrence of the accident. ..... that being the position, section 29(2)(a) of the limitation act applies in the instant case, and by virtue of that provision, since section 12 is not expressly excluded in the motor vehicles act, the claimant is entitled to the exclusion of the date of the occurrence, namely, 21.9.1962, under section 12 (1) of the limitation act. .....

Bajrang Lal Laxmi NaraIn Dadli Deedwana Regd. Partnership Firm Vs. Jee ...

Court : Rajasthan

Reported in : 2000(2)WLN319

..... only permissible but expedient in the interest of justice to take appropriate action under section 340 of the criminal procedure code, 1973, by making an order for filing a complaint against the persons who have, by their acts, omissions and commissions, left no stone unturned to mislead this court and pervert the course of justice by making false statements and forging the judicial record during the pendency of the instant second appeal.4. ..... under sections 471, 472, 473 and 474, ipc, or for any other offence in accordance with law.for the reasons discussed hereinabove the application moved under section 5 of the indian limitation act is allowed and delay of 701 days in filing the present second appeal computing limitation from the date of preparation of decree dated 11.7.1997 is condoned under section 5 of the ..... the question is whether the present justice system can afford a judicial officer and a junior clerk attached to his office to pollute the fountain of justice by their acts, omissions and commissions of this magnitude leading to an offence against public justice and for offences relating to documents given in evidence during the pendency of the ..... i have re-examined the explanation, submitted by the presiding officer of the first appellate court after lifting presumption under section 114(e) of evidence act, which was raised by this court, at the time of passing order on 23.8.1999, as envisaged under illustration (e) of ..... envisaged under section 12 of the limitation act .....

Umesh Chandra Vs. K.G. Sooji

Court : Rajasthan

Reported in : 1989WLN(UC)513

..... the seizure of the alleged gold articles was made from the petitioner and the collector taking all factors in to account gave to the petitioner benefit of doubt both under the customs act and gold control act and he confirmed the order of confiscation of these golden articles without imposing any penalty on the petitioner. ..... central excise jaipur after performing the statutory formalities filed a criminal complaint in the court of railway magistrate, jaipur against the petitioner for the offence under section 135(b) of the customs act, 1962 and section 185 of the gold control (central) act, 1963.3. ..... sea customs authorities are not a judicial tribunal and the adjudging of the confiscation, increased rate of duty or penalty under the provision of the sea customs act do not constitute a judgment or order of a court or judicial tribunal for the purpose of supporting a plea of double jeopardy. ..... another aspect of this power and complimentary to it is to be found in section 165 of the indian evidence act which provides that the judge may, in order to discover or obtain, proper proof of relevant facts ask any question he pleases in any form at any time, of any witness, or of the parties, about any fact, ..... classes of goods that section 135(i)(a) provides for three situations, namely, (a) where the goods are dutiable and duty is not paid, (b) where the import or export of goods is prohibited under the customs act, and (c) where the import or export of goods is prohibited under other law. .....

Durga Dass Vs. Kanhaiyalal and ors.

Court : Rajasthan

Reported in : 1970WLN563

..... to be deemed to have come into effect from 27th march, 1952 which was the date of the decree of the trial court so that no question can arise of holding that the arrears of interest under section 17 of the act must be computed upto the date on which the high court passed the decree.disagreeing with the counsel for the appellant, we hold that the relevant date with reference to which the principle of section ..... it may be mentioned at this stage that after the final decree the rajasthan money lenders act, 1963 (act no i of 1964) hereinafter referred to as the act) came into force with effect from 1.10.1965. ..... a thorough examination of the respective contentions, the learned judges reached a conclusion--having given our careful consideration to the question, we have come to the conclusion that there is really no repugnancy between section 23 and section 2(17) of the act.it was further observed that acceptance of a contrary argument would introduce a very material limitation which is not warranted by the words used in the section itself. ..... : [1963]2scr707 , the supreme court commenting upon the opinion of the appellate court 'though the appellate court was entitled to have notice of the subsequent events, the suit had to be determined on the state of facts in existence on the date of the suit, and not as they existed during the pendency of the appeal, and the tenant defendant could not take advantage of the provisions of the act and could not resist the suit for .....

Rajendra Singh Bhandari Vs. Harpreet Singh

Court : Rajasthan

Reported in : RLW2008(3)Raj2637

..... the above execution was filed on 16.12.2003, the judgment debtor/petitioner filed an objection that article 136 of the limitation act, 1963 prescribes a period of 12 years for the execution on the decree as limitation from the date when the decree became ..... reported in : [1984]3scr806 , the hon'ble supreme court had laid down as follows:there is no justification for placing a rigid construction on the provisions of the limitation act, but we must remind ourselves of the other profile that in construing statutes of limitation, considerations of hardships are out of place. ..... 136 of the limitation act, 1963 held in para no. ..... aforesaid decree and there was no stay operating against the same and, therefore, clearly the application filed on 16.12.2003 was beyond the period of 12 years, as prescribed under article 136 of the limitation act, 1963. ..... which has been raised is that the execution application was filed beyond the period of limitation as prescribed by article 136 of the limitation act, 1963.2. ..... 13, 14, 15 and 16, as follows:it may be true that by reason of section 46a of indian railways act the judgment of the tribunal was final but by reason thereof the jurisdiction of this court to exercise its power under article 136 of the constitution of india was not and could not ..... aside the same came to be dismissed vide order dated 6.7.2001 and, therefore, looking to the above fact the same became executable in the light of the provisions of article 136 of the limitation act after 6.7.2001. .....

Suresh Kumar and anr. Vs. Virendra Kumar

Court : Rajasthan

Reported in : AIR2007Raj117; RLW2007(2)Raj1574

..... barred by limitation on the ground that the cause of action for filing the suit arose immediately after the judgment was passed by the tribunal on 18.4.1966 and thus, in terms of article 58 of the limitation act, 1963, the suits could have been filed within a period of three years from the said date. ..... of consideration was whether the suits were barred because of the reason that the judgment of the tribunal became final on the day when it was passed in view of section 46a of the indian railways act and, therefore, even if any appeal was preferred to challenge the order of railway tribunal before supreme court, the judgment of the tribunal could have been executed by the respondents. ..... hon'ble apex court took note of the fact that the trial court as well as the high court gave benefit to the plaintiffs/ respondents under sections 14 and 15 of the limitation act, 1963 which benefit is available to the person prosecuting for remedy bonafidely in another court.15. ..... after considering the sections 14 and 15 of the limitation act, the trial court held that the suits have been filed within the ..... stay of execution of the decree has been made by the appellate court shall, pending the receipt from the appellate court of the order for the stay of execution or any order to the contrary, be acted upon by the court of first instance.16. ..... hon'ble apex court, it was submitted that the judgment of the tribunal has been made final by statutory provision under section 46a of the indian railways act. .....

Kanhaiya Lal Vs. Shri Lal and ors.

Court : Rajasthan

Reported in : 1980WLN469

..... learned advocate to the contary, to my mind, has no force because the necessary intention of the legislature to give retrospective effect to section 26(b) of the act can also be gathered from the fact that along with substitution of section 26(b) by the amending act, section 11 was also substituted under which the court was to dismiss the suit of the money leader, if it was satisfied that at the time when ..... anything in the enactment to show that it is to have retrospective operation, it cannot be so construed as to have the effect of altering the law applicable to a claim in litigation at the time when the act was passed' a new law ought to be prospective, not retrospective in its operation, but it does not mean that there is an absolute rule of invialability of substantive rights. ..... it can, therefore, be said that keeping in view the 'purpose and object' or the 'reasons and spirit' of the act, the provisions of section 26(b) of the act, as they stand after the amendment by the amending act of 1976 will apply to the pending suits also, and if sections 22 and 23 have not been complied with, then the court has to dismiss the suit, as the ..... learned munsif dismissed the suit of the plaintiff on march 13, 1976 on the ground that the provisions of sections 22 and 23 of the act have not been followed, the plaintiff preferred on appeal before the learned district judge, sawai madhopur, who, vide his judgment upheld the view ..... a licence under the rajasthan money lenders act, 1963 (act no. .....

Ujagar Singh and anr. Vs. Saheb Khan and anr.

Court : Rajasthan

Reported in : 2008(1)WLN111

..... alleged that no case for specific performance of part of contract was pleaded or made out by the plaintiff before the trial court in view of section 12(3) of the specific relief act, 1963 and, therefore, whole of the suit filed by the plaintiff-respondent saheb khan was liable to be dismissed and his appeal was found to be allowed.11. ..... relying on the provisions of section 19(b) of the specific relief act, 1963 and various case laws, he submitted that naboo being a bona fide purchaser without notice and for consideration, sale in his favour could not have been declared void by the ..... on 28.05.1993 without any objection on the part of defendant, therefore, no sale-deed could be executed in favour of naboo on 01.06.1998 during the pendency of the suit and said sale was hit by section 52 of the transfer of property act by the doctrine of lis pen-dense and thus the said sale in favour of naboo deserves to be ignored being void.7. ..... in which a decree of specific performance may be denied to the plaintiff are enumerated in section 20(2) of the specific relief act, 1963. ..... agreement has been found as unenforceable in view of section 52 of the transfer of property act by the learned trial court and rightly so in the opinion of this court.19. ..... the specific performance of even a part of the contract is envisaged in section 12 of the act in the stipulated circumstance, where the specific performance of part of the contract which is substantial part of the whole and does not admit of compensation .....

Vishandas Vs. Savitri Devi

Court : Rajasthan

Reported in : AIR1988Raj198; 1988(1)WLN240

..... birendra kumar, air 1987 sc 1010 where their lordships were dealing with the west bengal premises tenancy act and held that the word 'shall' occurring in section 17 sub-section(3) of the west bengal act, which is similar to the one in our act, has to be read as 'may' and the provisions for striking out defence are merely directory and not mandatory.8. ..... om prakash, air 1980 sc 1664 wherein also, their lordships of the supreme court while dealing with the delhi rent control act, held that the striking out defence of a tenant is a harsh extreme and having regard to the benign scheme of the legislation this drastic power is meant for use in grossly recalcitrant situation where a tenant is guilty of disregard in ..... pholanath, air 1984 sc 1392 where also their lordships of the supreme court while considering the delhi rent control act, relying on shyama charan (air 1980 sc 587) and santosh mehta's cases (air 1980 sc 1664) (supra), held that the rent controller had power to condone default or extend time.6. ..... infirm perspective while construing the provisions of the rent control act if one assertains the intendment of the legislature, the purpose for which these provisions have been enacted, the beneficial nature of the statute and to protect the harassed tenant, obviously, it does not require long argument to hold that the expression 'shall' used in sections 13(4) and 13(5) of the rent control act was used not with a view to make the provision mandatory .....

Sanjay Tyagi and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan Jaipur

..... even if the appellant entered upon the land and resumed possession of it the very next moment after the land was actually taken possession of and become vested in the government, such act on the part of the appellant did not have the effect of obliterating the consequences of vesting.the same aspect was earlier considered by the honb'le apex court in the case of ..... land:(1) where on a representation from the trust [or otherwise] it appears to the state government that any land is required for the purpose of improvement or for any other purpose under this act, the state government may acquire such land by publishing in the official gazette a notice specifying the particular purpose for which such land is required and stating that the state government has decided to ..... main part of the judgment in the case of godu ram (supra) for ready reference: it is contended by learned counsel that the land in question has stood acquired under the land acquisition act and the acquisition proceedings have been held valid by the apex court of the country, but still some persons are in unauthorised possession over some part of the land.the land vests in the ..... reforms and acquisition of landowners' estates act, 1963 (in short the act of 1963) has been given. ..... contended by shri parekh that the appellant-institution is running an educational institution and intends to establish a public school and that since other land was available, the government would have acquired some other land leaving the acquired .....