Court : Rajasthan
Reported in : AIR1953Raj204
..... counsel of the appellant with the argument that the vested rights, if any, in the present case, have been taken away not by the change or repeal of any law but by the change in the status of the citizenship rights of the judgment-debtor which has been brought about ..... the learned judges of the calcutta high court held that in refusing to proceed in the matter the subordinate judge acted erroneously, for, if he had no jurisdiction to deal with the matter he should have returned the papers to the district judge of gaya in order that he might adopt the correct procedure. ..... this change was brought about by an act of the state & the judgment-debtor on this account lost his immunity of being safe from the execution of that decree. ..... of the former jamkhandi state by the jamkhandi courts after the surrender of the jurisdiction of that state by the ruler in favour of the government of india, by virtue of the change in the status of the judgment-debtor brought about by an act of the state. ..... instead of through the district court as prescribed by order 21, rule 5, the procedure is merely irregular and the transferee court has jurisdiction to execute the decree and is a 'proper court' within the meaning of article 182(5), limitation act. ..... from 1-4-1951 the civil procedure code of 1908 has been extended to the state of rajasthan by the part b states laws act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj11; 1963CriLJ66
..... ' according to this article before a person could be entitled to have the status of indian citizenship on the coming into force of the constitution, he must have had his domicile here and then he must have had any one of the three qualifications which have been mentioned in that article, that ..... definite question was put to the accus ed whether he had come back from afganistan under a passport in 1955 and having lost the same he had obtained a duplicate copy thereof, and the accused admitted that that ..... by the state against a judgment and order of the city magistrate, kotah, dated the 28th february, 1959, in a case under section 14 of the foreigners act (act 31 of 1946 hereinafter called the 'act') by which he has acquitted the accused. 2. ..... we may also point out here that section 9 of the act can have no application to the present case, the reason being that the accused claims to be an indian citizen ..... in any case not falling under section 8 any question arises with reference to this act or any order made or direction given thereunder, whether any person is or is not a foreigner or is or is not a foreigner of a particular class or description the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the indian evidence act, 1s72, lie upon such person.' 7. ..... charge-sheeted for an offence under section 14 of the act in the court of the city magistrate, kotah. 3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987WLN(UC)238
..... when this is not proved that he was in india at the time of partition, then the presumption regarding citizenship under article 5(1) of the constitution is not available to him. ..... he of course, entered on a pak passport but he contended that he is a citizen of india and he applied to the government of india under section 9 of the citizenship a to grant him citizenship. ..... he was then taken to police station, ramgarh where he was arrested and after investigation, the case again him was challaned under section 14 of the foreigners act for contravention of clause (3) of the foreigners order, 1948. ..... jodhpur whereby he has maintained the conviction and sentence under section 14 of the foreigners act of the accused-petitioner ali mohd. ..... section 9 of the foreigners act provides that if any question arises whether any person is a foreigner or not, it is upon such person to prove that he is a citizen of india. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN435
..... word 'president' was read in place of 'central government' in this notification, it was difficult to see how the order could be said not to have been expressed to be made in the name of the president as section 35 of the act in terms conferred the power to appoint on the central government, as the authority competent to make this appointment, it was necessary and proper that the appointments in the notification should have been described to have been made ..... a general security force court, court of inquiry is not a must it is true that detailed procedure is provided under rule 173 for the conduct of the court of inquiry giving full opportunity to the person subject to the act against whom any opinion is being expressed, but the contents of rule 174 give a clear intent and purpose of it from it, it can be deduced that this provision does not make it obligatory to hold a court of ..... proceedings relating of habeas corpus and the writ of habeas corpus does not lie for questioning the validity of such conviction as the petitioner has been convicted and sentenced under the provisions of the act and the rules and the conviction and sentence have been confirmed by the competent authority and the proceedings of the court are not open to scrutiny in the petition under article 226 of the ..... the citizenship of the applicant was determined by the central government under rule 30 of the citizenship rules 1956 and the validity of the government order was challenged on the ground of non-compliance .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj2665
..... it has been adversely remarked that petitioner lacked in general assessment and supervision while issuing certificates of citizenship but no record has been placed on record which may support such remarks.15. ..... has proposed not to initiate inquiry and rightly so because of those orders passed in his capacity while acting as quasi-judicial authority, which being appealable and reviseable and that apart nothing has been imputed of any biasness in passing such quasi judicial orders. ..... counsel for petitioner submits that there is a clear breach of apar instructions, 1976 which casts obligation upon reporting/reviewing officer to act in accordance with norms, guidance and objective assessment as contained in clause 14 & 15 of circular dt. ..... government used to issue instructions to its officers who are bound to act in conformity with administrative instructions and whose actions are the actions of the government, therefore, they are bound by those administrative instructions; and administrative authorities which declare that their actions will be governed by certain ..... but the competent authority has no licence to act arbitrarily, he must act in a fair and just manner. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj260
..... raised on behalf of the revenue that such a suit was barred on account of section 226(1) of the government of india act, 1935, which provided that no high court shall have any original jurisdiction in any matter concerning the revenue or concerning any act ordered or done in the collection thereof according to the usage and practice of the country or the law for the time ..... that the constitution had not come into force when the suit was filed, but the provisions of section 226(1) of the government of india act, 1935, relate, in my opinion, entirely to matters of procedure and i have to apply the procedural law in force at the time ..... 1958 sc 915, certain criminal proceedings under section 282 of the indiancompanies act and sections 465 and 477a of the indian penal code had actually commenced in the court of aspecial magistrate who had started recording evidence in the case before the criminal procedure code (amendment)act (26 of 1955) came into force on 2-1-1956. ..... obeyed by the departmental officers as they were issued by the chief settlement commissioner in the exercise of his power of general superintendence and control under the provisions of the act, but in appeal before the division bench, learned judges took a different view, and relying on the observations of grover, j. in j. b. ..... 915, has urged that no person has a vested right in any course of procedure, and if by an act of parliament the mode of procedure is altered, he has no other alternative but to proceed according to the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj139
..... the generality of the words used in clause (c) so as to make them applicable only to the last stage, namely, the retail price.in law, there is no warrant for holding that under section 3(1 and section 3(2)(c)essential commodities act, 1955~^ of the act, the government must not only fix ex-factory prices but also wholesale and retail prices. ..... respect, i am constrained to observe that what has been said in the judgments of mysore and karnataka high courts tends to curtail generality of the powers of section 3(2)(c) of the act of 1955; for which the supreme court was very zealous to provide protection and safeguard. ..... calcutta high court, which is relied upon by the petitioners, it will have to be noticed that in substance, principle laid down is that no control price can be fixed for single transaction under section 3(2)(c) of the essential commodities act, 1955 as has been done in the present case by clause (4) of the impugned order. ..... learned counsel for the petitioners argued that the formation of the opinion by the central government that it is necessary or expedient to issue an order under section 3 of -the essential commodities act, 1955, is a condition precedent for the passing of an order. ..... thus be seen that the entire decision depends upon the interpretation of section 3(3-b) of the essential commodities act, 1955 as it was in existence in unamended form at that time.19. ..... price not exceeding the price of sub-section (3) (c) of section 3 of the essential commodities act, 1955. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2005Raj193; RLW2005(3)Raj1517; 2005(2)WLC137
..... of it will be that even after proving all the ingredients of sub-clause (iii) of the sub-section (1) of section 13 of the act of 1955, no one will be entitled to decree for divorce and main provision, sub-clause (iii) will become subordinate clause of its own explanation clause ..... the mental disorder has been defined in the explanation (a) appended to sub-clause (iii) of sub-section (1) of section 13 of the act of 1955, which says that mental disorder means:-(1) mental illness, or(2) arrested or incomplete development of mind, or(3) psychopathic disorder, or(4) any other disorder or disability of mind, and(5) ..... sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act,1955 read as under:-'13(1) any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has after the solemnization of the marriage, had voluntary sexual intercourse with ..... sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act, 1955 very clearly provides that the husband or wife may seek decree for divorce on the ground that other party has been incurably of unsound mind or has been suffering continuously or intermittently ..... sub-clause (iii) of sub-section (1) of section 13 of the hindu marriage act, 1955 clearly provides that such disorder must be of such kind and extent that the petitioner cannot reasonably be expected to live .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj85; 1997(2)WLN535
..... of revenue has been clothed with special powers under the provisions of section 232 of the act of 1955 to examine a case, where the reference is made by the collector and fraud etc. ..... sri thakur radha ballabhji, air 1967 sc 1044, the hon'ble apex court has observed as under :'when such an alienation has been effected by the shebait acting adversely to the interests of the idol even a worshipper can file the suit, the reason being that the idol is in the position of a minor and when the person representing it leaves it in a lurch, a person ..... 16 and 46 of the rajasthan tenancy act, 1955, hereinafter called the 'act 1955' and the entry of khatedari rights in the name of mangha ram pujari was nothing but a ..... been recognised by the court from time and again by drawing the logical inference under section 46 of the act 1955, that such a benefit is attracted to the deity. ..... a khatedar of the land and the pujari can never acquire the khatedari rights because the provisions of section 46 of the act 1955, put an embargo on it. ..... section 46 of the act 1955, provides exemption in exceptional cases in case of a minor and a person incapable of cultivating his holding by reason of physical ..... the provisions of section 46 of the 1955 act are based on public policy and have been enacted to secure ..... was shown as khatedar of the land in dispute and the khatedari rights accrued in favour of sri mangha ram pujari would not be legal because of the application of the provisions of section 46 of the 1955 act.ii. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj610; 2003(1)WLC560
..... or burden or clog or restraints the rights of transferor in relation to exercise of his rights-in relation to land against the transferees is an 'encumbrance' within the meaning of section 30e(2) of the act of 1955 or section 18 of the act of 1973, there is no impediment in reaching further conclusion that such an obligation of holder can be enforced and state can also be compelled to give effect to it.58. ..... has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered, has not been registered, or, ..... which are unencumbered by giving an option in that regard whether with reference to the requirement under second proviso to sub-section (2) of section 30-e of chapter iii-b of the rajasthan tenancy act, 1955 or under section 16(4) read with section 18 of the rajasthan imposition of ceiling on agricultural holdings ..... (2) of the chapter ii-b of the act of 1955. ..... ugam singh stands concluded with the order of the competent authority passed in 1981 after reopening of the proceedings under chapter iii-b of the rajasthan tenancy act, 1955.17. ..... singh, whose sons are the present appellants, under chapter iii-b of the rajasthan tenancy act, 1955. .....
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