Court : Rajasthan
Reported in : AIR1974Raj4; 1973()WLN424
..... judicial functions have been taken away. they include, in addition to the execution of the laws, the maintenance of public order, the management of crown property and nationalised industries and services, the direction of foreign policy, the conduct of military operations and the provision or supervision of such services as education, public health, transport, ..... laws which are for the time being in force in the state of rajasthan. for instance, a minor is not competent to contract under the contract act. surely, no mining lease can be granted under the minor mineral concession rules. 1955, to a minor even though there is no prohibition in these rules that the ..... article 299 of the constitution was not applicable, is erroneous. on the other hand, mr. agarwal learned counsel appearing for the plaintiff-respondent, urged that the mining lease was granted under the minor mineral concession rules 1955 and, therefore, no other law would be looked into to determine the validity of the lease except .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj322; 1973()WLN448
..... for the respondent was that notice was required to be given by the trial court to devasthan commissioner under section 72 of the rajasthan public trusts act. 1959. the rajasthan public trusts act. 1959 (act no. 42 of 1959) received the assent of the president on the 22nd day of october, 1959. it came into force from 1-7 ..... 2 as respondent in appeal against the plaintiffs. it was indicated that the remedy was by way off a fresh appeal with an aoplication under section 5, limitation act and the court had power to allow such appeal againstsuch defendant on sufficient cause and to try both appeals simultaneously. it was in this context that the learned ..... learned judge further ordained that a judicial notice shall be taken of the period during which the shops were kept open according to the shops and commercial establishment act passed by the rajasthan legislature, irrespective of the fact whether the provisions thereof were applicable to merta city looking to the size of the population or not. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN906
..... intended to be conveyed by the use of the words under the circumstances the object of insertion of chapter iva in the m.v. act was to facilitate the introduction or expansion of nationalisation of transport service & to encourage the grant of monopoly permits to the state transport undertaking & to cover other ancillary matters. having regard ..... scheme one related to inter statal route. this contention has also therefore no force so far as the present case is concerned. i am fortified in this view of mine by three supreme court decisions reported in state of mysore v. k.n. chandrashekhara air 1965 sc 533, d. m thippeswamy v. mysore appellate tribunal : [ ..... my view, therefore, the government is competent to extend the period of supersession more than once unless it is established that the power is being exercised malafide. this view of mine finds support from the decisions of the supreme court reported in n.s. thread co. v. james chadwick & bros : [1953]4scr1028 , vasanlal maganbhai v. state .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN785
..... when he was lying on the ground and than (sic) a shot at rakhi-ram batrayed complete lack of compasion in him learned public prosecutor characterised this act, an act of severe cruelty sahab rim's again going to the 'giwad' and firing several shots without the least thought that he was taking the lives of two ..... sentence to be awarded, while the common frailities and tailings of ordinary human beings, to which the offender given vent may, without affecting the criminality of the acts punished, be enough to show that a lesser sentence will meet the ends of justice, abnormal twists of the mind or indications of an obdurate and unrelenting viciousness ..... six punctured wounds were all caused by the other accused who have been awarded the lesser sentence.chawla and mukhtiara appellants are immature youths who appear to have acted at the instigation of their elder, harlal.prolonged mental torture suffered by chawla and mukhtiara on account of their being constantly haunted by the specter of death .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN184
..... is less than ore hundred and eighty rupees.(b) the tax under clause (2) shall not be on a motor vehicle as defined in the motor vehicles act, 1939 (central act iv of 1939) or any other mechanically propelled vehicle, and(c) the tax under clause (3) shall not be levied on artisans:provided further that, upon ..... matter, context and the effect, of the relevant provisions of the said statute. in other words, it would be necessary to examine carefully the scheme of the act, its object and all its relevant and material provisions before deciding whether by the application of rule of construction enunciated by section 21, the appellant's contention ..... 4) that the petition involves disputed questions of fact, which cannot be properly decided in writ jurisdiction. he has also urged that the petitioner is, by its act conduct and acquiescence, estopped from asking the reliefs contained in the writ petition.5. first, i propose to dispose of the preliminary objections the argument regarding suppression of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj6
..... to do with the plying of the vehicles of the said respondents between dhardi and bhensrodgarh. mere publication of the proposed or draft schemes of nationalisation under section 68-c of the act could not have the effect of prohibiting the states from entering into a reciprocal agreement, because at that stage it was not possible to envisage ..... the rajasthan gazette dated may 11, 1973. the aforesaid draft scheme has now been approved by the state government and the final nationalisation scheme has also been notified under section 68-d (3) of the act on october 9, 1975 and it has also been stated before me at the bar that the said scheme has also been implemented ..... with effect from october 25, 1975. another draft scheme for the nationalisation of udaipur-chittorgarh, chittorgarh-bundi and other connected routes was published .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN546
..... sharma had made an alternative submission which i have referred to above & therefore, the condition of payment of rs. 15,000/- was imposed on an erroneous assumption. this conclusion of mine is further strengthened from the fact that in the first para of the order, it is mentioned that 'he (shri d.c. sharma, adv. is prepared to deposit rs. 15 ..... in a court for achieving the higher and the main purpose of a court, namely, the purpose of doing justice in a case before it and for seeing that the act of the court does no injury to any of the suitors. the learned judges were of the opinion that the circumstances requiring the use of such a power cannot be ..... . in the exercise of the power under sub-section (2) of section 10 of the rajasthan high court ordinance, 1949 read with sections 54 and 57 of the states reorganisation act, 1956, the learned judge was nominated to sit at the jaipur bench from july 3, 1978 by the hon'ble chief justice in these circumstances, it was not possible that .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN406
..... of the proceedings was that notices of the objections were not issued to the state government as required by the u.p. zamindari abolition and land reforms act, 1950 (act no. 1 of 1951) and that the state government, having no knowledge of the objections could not appear and contest the case set up by the raja ..... it on the receipt of the notices from the tehsildar, gogunda and for condo nation of delay they could make an application under section 5 of the limitation act explaining the reasons for not preferring the appeal under section 30 within the period of limitation. section 2(e) defines 'employer' and it includes amongst others the ..... deserve recall here. one shri chunnilal son of shri 'paras ram resident of nai, tehsil girawa, district udaipur preferred two claims under the workmen's compensation act, 1923 (for short the act) before the workmen's compensation commissioner, udaipur region, udaipur, who will hereinafter be referred to as the commissioner on the ground that on july 13, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN247
..... the appellant further finds corroboration from the recovery of a blood stained axe at his instance and in consequence of an information recorded under section 27 of the evidence act. it is proved by the evidence of shri kameshwar prasad, pw 13, that the appellant, while in police custody, gave him an information that he had ..... the recovery of an axe on may 9, 1972, at the instance of the appellant and in consequence of his information recorded under section 27 of the evidence act, he applied for further remand of the appellant to police custody for further investigation, and he made a note to this effect in his police diary after ..... his hand immediately after the occurrence. the public prosecutors further submitted that the confessional statement made by the appellant was free, voluntary and true and could safely be acted upon and provided surer basis for conviction of the appellant under section 302, ipc, especially when it found support from other independent evidence on the record such as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj27
..... in chap. iii. the question involved was whether paying proper compensation was necessary and this was the point in issue in that writ where validity of bank nationalisation act was challenged.14. so far as the present case is concerned, the two terms compensation and interest are separately used in the rajasthan land acquisition ..... award is vitiated and reference should have been made under section 18 of the act. mr. ras-togi's contention was that compensation is comprehensive term and includes interest on account of loss or damage caused to person by deprivation of the property, as held in bank nationalisation case (air 1970 sc 564, r. c. cooper v. union of india ..... ).10. mr. meherishi, learned counsel for the respondents on the contrary raised a serious preliminary objection, it was argued that under s. 18 of the act a reference can be made only in relation to four .....
Tag this Judgment!