Court : Rajasthan
Reported in : AIR1986Raj9
..... are that chhotey and chhidda filed a civil suit under sections 183 and 188 of the rajasthan tenancy act, 1955 (hereinafter referred to as 'the act') against damodar and samunder singh for parpetual injunction and eviction in respect of agricultural land khasra nos. ..... ''section 175-- ejectment for illegal transfer or sub-letting-(1)-- if a tenant transfers or sub-lets the whole or any part of his holding otherwise than in accordance with the provisions of this act and the transferee or sub-lessee has entered upon or is in possession of such holding or such part in pursuance of such transfer or sublease, both the tenant and any person who may have thus obtained ..... the tehsildar, is entitled to admit the tresspasser as tenant; the tehsildar shall proceed in accordance with the provisions of section 91 of the rajasthan land revenue act, 1956 (rajasthan act 15 of 1956).it may be mentioned at this stage that in sub-section (1) of section 183 as mentioned above, the words 'on the suit of the person or persons entitled to eject him', have been substituted in place of ..... section 175 envisages for ejectment for illegal transfer or sub-letting in violation ofthe provisions of the act and on the application of the landholder both the tenant as well as the transferee or sub-lessee are liable to ejectment from ..... with a non obstante clause 'notwithstanding anything to the contrary in any provision of this act,' and permits any person or persons entitled to eject the trespasser as tenant to file .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1986Raj13; 1985(1)WLN437
..... the respondent husband has filed a petition under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') alleging therein that he has been a good scholar in bindi literature but got an illiterate wife, who smokes and is habitual for committing thefts so also abusing him. ..... , 1981, passed by the district judge, jaipur, district jaipur so far as it relates to the passing of decree of divorce under section 13(1)(1a) of the hindu marriage act, 1955, against the appellant, is upheld. ..... 200/- per month under section 25 of the act the respondent raghav prakash has filed cross objection challenging it. ..... unfortunately, the burning of thesis by shanti devi wife cannot be ignored and it is bound to be treated as an act of great cruelty.25. ..... however, a series of acts have been shown of shanti devi-wife which constitute cruelty as held by the trial court. ..... shri jain also argued that even though there was some delay, and if what respondent says is correct it is liable to be condoned under section 23 of the act. ..... shri jain pointed out that these allegations are too bald and sweeping, vague, insignificant and insufficient to dissolve the marriage in the hindu society under the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj112
..... though section 4 of the limitation act and section 11 of the rajasthan general clauses act, 1955 may not apply ?n terms to a situation like this, but they embody the general principles enshrined in two maxims:(i) lex non cogit ad impossibilia -- i. e. ..... prabhakar bhaskar, air 1955 nag 300. ..... an act of the court shall prejudice no man and the petitioner can rely on the said general principles embodied in the two provisions. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003CriLJ1006; 2003(1)WLC328; 2003(1)WLN362
..... 1955 (in short the act, 1955) before district collector, jhunjhunu on account of violation of sub-clauses (2) and (4) of clause (3) of liquified petroleum gas (regulation of supply & distribution) order, 1993 (in short the order '1993') with a prayer of confiscation of the cylinders.2. ..... megharam under section 6-b of the act, 1955. sh. ..... the complaint by the sub-divisional officer was filed under section 6-a of essential commodities act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1987Raj79; 1986(2)WLN661
..... of the view that the submission made by shri bhandari, learned counsel for the petitioner, is quite correct an application to transfer petition in the contingency referred to in section 21a, hindu marriage act, 1955, lies to the high court and not to the appellate court, in the facts and circumstances of the case.11. ..... power of transfer can be exercised in the circumstances provided under section 21a, hindu marriage act, 1955, and such powers are not subject to the procedure to be adopted by the different matrimonial ..... the said petition was filed under section 13, hindu marriage act, 1955, for a decree of divorce (hereinafter referred to as ..... submitted that since an appeal lies to a division bench of this court, as such an application for transfer under section 21a, hindu marriage act, 1955, also lies to a division bench of this court.9. ..... the family court, jaipur, for divorce under section 13, hindu marriage act, 1955, on the ground of desertion (bearing matrimonial petition no. ..... civil courts aresubordinate to different high courts, theapplication shall be made to the high courtwithin the local limits of whose jurisdictionthe court in which the suit is brought is situate.if section 21a(1)(b) of the hindu marriage act,1955 is read with section 23(3) civil p.c. ..... under section 21a, hindu marriage act, 1955 read with section 23, civil p.c ..... petition and the jaipur petition are for divorce under section 13 of the said act and are governed by the provisions of the hindu marriage act, 1955.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj136; 1981()WLN433
..... iii-b of the raja-sthan tenancy act, 1955 (hereinafter referred to as the act) was initiated against shri bajrang lal, father of the petitioner. ..... it was contended that the term 'family' is denned in section 30-b (a) of chapter iii-b of the act is ultra vires of articles 14 and 15 of the constitution of india and is liable to be struck down. ..... section 30b (a) of the act clearly defines as under :--' 'family' shall mean a family consisting of a husband and wife, their children and grand-children being dependent on them and the widowed mother of the husband so dependent. ..... the only point, thus which re-mains to be considered is about the validity of definition of family given under the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2172; 2003(3)WLC39
..... as 'the plaintiff) filed four separate suits under section 188 of the rajasthan tenancy act, 1955 (hereinafter referred to as 'the act') seeking perpetual injunction against the appellant mangi lal and respondents no. ..... the learned counsel for the appellant defendant that the ambit and scope of the provisions of sections 183 and 188 of the act are altogether different inasmuch as pleading of the plaintiff in the plaint and pleading sought to be added by way of ..... possession having not been found correct the court has invoked its jurisdiction under section 209 of the act and on these premises, the contentions raised by the appellant therein were rejected and appeal was dismissed ..... he further contended that even otherwise the trial court by exercising the powers under section 209 of the act can pass an order of ejectment of the defendant after framing necessary issues and grant any relief which the court is competent to grant and to which it may ..... which it must find the plaintiff entitled notwithstanding that such re!ief may not have been asked for in the plaint or application by invoking powers under section 209 of the act, then under the circumstances allowing the amendment would not prejudice the case of the defendant. ..... in the former case, the court may take judicial notice of the event and before acting thereon put the parties on notice of how the change in law is going to affect the rights and obligations of the parties and modify or mould the course of litigation or the relief so as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj28; 1996(3)WLC58
..... with regard to the contention of thelearned counsel for the petitioner that the, j alleged sale of the land in question was illegal and being contrary to the provisions of section 42(b) of the rajasthan tenancy act, 1955 on the ground that the petitioner was a ' member of scheduled tribe, i am of the , opinion that the said contention is wholly erroneous and is not tenable in view of the fact ! ..... in the writtenstatement it was further contended by the petitioner that the property in dispute is an agricultural land of which the petitioner is a khatedar tenant, agreements are forged and against the provisions of rajasthan tenancy act, particularly section 42(b) of the act and the civil court has no jurisdiction to deal with the matter or to pass orders contrary to the provisions of law. ..... with regard to the contention of the petitioner that the sale agreement in question is not a free and voluntary act of the petitioner, i am of the opinion that thiscontention is fully unwarranted and contrary to the spirit of the agreement itself from which it is clearly apparent that the agreement was entered into between the parties without exercise of ..... plaintiff in the plaint that it had purchased the aforesaid agricultural land of the defendant, details of which are mentioned in para 2 of the plaint and that the samiti is a registered samiti under rajasthan co-operative societies registration act, 1956 having its head office at jaipur. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj260; 1972()WLN305
..... this is a wife's appeal under section 28 of the hindu marriage act, 1955, hereinafter to be referred to as the 'act', directed against the judgment and decree of the learned additional district judge, dholpur dated 30-8-69 dissolving the marriage between the spouses by divorce on the ground of adultery.2. ..... he maintained that the learned district judge was a persona designata in dealing with applications under the act and consequently the application in the present case could not have been transferred by the district judge, bharatpur to the additional district judge at dholpur. ..... this sub-section, therefore, empowers the district judge to transfer a case under the act to the additional district judge and the latter would be exercising the same powers as the district judge. ..... section 19 of the act provides that every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnised or the husband and wife reside or last resided together.9: it is plain that the district court hears the petitions under this act as a court and not as a persona designata. ..... a female child who was 3 years old on the date of the petition under section 13(1) of the act was born of the union. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(1990)DMC177; 1990(1)WLN520
..... fats of this litigative battle before this court between the appellant and the respondent over a petition for divorce sought by the appellant-husband on the ground of desertion as provided for in section 13(1)(b) of hindu marriage act, 1955, (for brevity, 'the act') the first inning of the litigative match was fought and played before the district judge, kota, who, on an evaluation of the relative merits and demerits of the rivals, granted a decree of divorce dissolving ..... of the husband was accepted by the wife on stipulation that she should be taken to matrimonial home from delhi and it will be disgraceful for her to accompany with husband straightway from the court--which was not acted upon by the husband and which by itself is sufficient to show that the husband was not intending to keep the wife with him. ..... wife took a different stand while saying that after the discovery of this growth in her uterus, the husband began to mistreat her and that his subsequent conduct revealed to her in retrospect that he had been acting in a pre-planned and calculated manner to get rid of her and to create fake grounds for getting the marriage dissolved. ..... in these circumstances, we fail to understand as to on what reasons, she complained that the husband began to mistreat her and the subsequent conduct revealed to her in retrospect that he had been acting in a pre-planned and calculated manner to get rid of her and to create fake grounds for getting marriage dissolved.35. .....
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