Court : Rajasthan
Reported in : AIR1980Raj116
..... muhammadans and the vendee a non-muhammadan, is the muhammadan law of preemption to be applied to the matter in advertence to the terms of section 24 of the act vi of 1871', and the question was answered in the affirmative on the ground that pre-emption was a right which the owner of certain immoveable property possessed as such for the ..... the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. unfortunately the proviso to section 21(1) of the indian limitation act, 1963 has no application to this case, and we have no power to direct that the suit should be deemed to have been instituted on a date earlier than ..... p. w. 4 to the effect that there was no entry in the account books of ram kumar suraj bux. it is further contended that the lower courts have acted illegally in holding the plaintiffs' claim based on shafi-a-khalit as proved. the plaintiffs have utterly failed to prove that they ever used the stairs for approaching the disputed .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1966Raj8; (1967)ILLJ279Raj
..... which was rs. 100-5-150-eb-10-200-eb-10-300, was admissible to those rangers who had successfully passed the rangers' course at the forest college, dehra dun or any other recognised institution.the grade no. ii, which we have mentioned already was meant for those rangers who could not be fixed up in grade i, for ..... areas, a fresh seniority list was prepared in which the officers of the new integrating units were also interlaced on the basis of principles evolved under the state reorganisation act. the petitioner proceeds to say that, according to the seniority list that was published in january, 1960, after the reorganisation of the state, his name appeared at ..... proviso to article 309 of the constitution and in accordance with the decision of the government of india under the provisions of section 115(5) of the state reorganisation act, 1956. the list reflects the position as was obtaining on 1-11-56. the list having been made and published under the constitutional powers of the governor .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]37CompCas288(Raj)
..... undoubtedly is that the article applies only to applications under the code.'27. their lordships then quoted with approval the observations of the judicial committee in hansraj gupta v. dehra dun-mussorie electric tramway co. ltd., [1933] 3 comp. cas. 207 (p.c.) which have already been reproduced above. it was argued before their lordships that the ..... comp. cas. 207, 214 (p.c.) whether an application filed by a liquidator under section 136 of the companies act could be held to be barred by limitation under article 181 of the indian limitation ..... did not cover the application under section 155 of the act.14. we have considered the said arguments of both the parties. it may be pointed out that as early as in 1932, a question arose before their lordships of the privy council in the case of hansraj gupta v. dehra dun-mussorie electric tramway co, ltd., [1933] 3 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj292; 1972()WLN213
..... analogy, learned deputy government advocate urged that the writ proceedings before this court should be taken as the proceedings out of a suit and relying on hansraj gupta v. dehra dun mussoorie electric tramway co. ltd., air 1933 pc 63, it is urged that a suit can be instituted only by the presentation of a plaint. in such circumstances, ..... urged that the the correct provision of the court-fees act would be schedule i, article 5 which provides that applications for review of judgment shall be presented in the court on 1/2 of the fee payable on ..... half of the fee payable on the writ petition. 2. the contention of the petitioners is that the provisions of article 11 (s) of schedule ii of the act would apply for determining the question of payment of court-fees in this matter. 3. notice about this petition was given to the government advocate. learned deputy government advocate .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj178; 1977()WLN135
..... 's defective phrasing of an act or aid and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord. russel of killowen in hansrai gupta v. dehra-dun-mussorrie electric tramway co. ltd ..... ., air 1933 pc 63, for others than the courts to remedy the defect.'10. on the terms of the first proviso to section 30-e (2) of the act, as it now stands, there ..... while it is true that there was no question of the petitioner fulfilling his obligations under section 30-e (2) of the act of surrendering the excess land in his possession, within six months of the notified date, inasmuch as there was, according to ..... order dated 25th september, 1971, held that the petitioner was not entitled to the benefit of section 30-dd of the act on the ground that the socalled partition and the alleged transfer were nothing but devices to defeat the ceiling law. the petitioner .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj64
..... agent, it is not sufficient to indicate that he is making the company liable and thereby excluding his personal liability. in jhandumal v. official liquidators, dehra dun mussoorie electric tramway co., 52 all. 883 : (a. i. r. (17) 1930 all 778), a promissory note was signed by t. b. gilani, managing agent ..... person who has not chosen to specifically charge interest in the instruments themselves. it must be remembered that these hundies were executed in calcutta where the negotiable instruments act is in force and accordingly, the parties were fully aware that even if they did not specify the rate of interest in the instruments themselves interest would ..... personal liability. accordingly, he passed a decree for the principal amount due and also awarded interest at 6% per annum by force of section 80, negotiable instruments act. interest pendente lite and future interest at 6% per annum was also awarded till the date of payment.4. the learned counsel for the defendant-appellant has confined .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN193
..... . air 1933 pc 63 that under section 3 of the limitation act the word 'suit' ordinarily means, and apart from some context must be taken to mean, a civil proceeding instituted ..... circumstances into consideration, it can not be said that the legislature while excluding the co-operative societies from the purview of the operation of the provisions of the act acted in a manner which may be called discriminatory under article 14 of the constitution.23. in nathudan v. state of rajasthan 1964 rlw 437 jagat narayan j. ..... under section 6 of the act and, therefore, a reference is permissible by such a court. the provisions of civil procedure code clearly show that a suit originated by filing a plaint and not otherwise. it has been held by their lordships of the privy council in hans raj gupta and ors. v. dehra dun-mussoorie electric tramway co. ltd .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1986Raj131; 1986(1)WLN23
..... of the supreme court placed reliance on a decision of the privy council in hansraj v. dehra dun m.e.t. co. air 1933 pc 63. it was observed that construing the expression 'any money due1 in section 186 of the indian companies act 1913 the privy council held that this meant money due and recoverable in a suit by ..... of its constitution under clause (i) of section 60a. the suit thus could be filed within three years from the date of the commencement of the electricity amendment act, 1966 (act no. xxx of 1966). so the extended period of limitation under section 60a had expired in the year 1969. in this view the suit for the recovery of ..... .23p. within fifteen days failing which the electricity supply would be disconnected without any further notice and the notice was sent under section 24 of the indian electricity act 1910 (central act no. ix of 1910). it was also stated in the notice that action will be taken to recover the outstanding dues under the rajasthan government electrical undertaking ( .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj195; 1994(1)WLN66
..... local bodies towards the environmental protection. see ratlam municipal board v. vradhi chand, air 1980 sc 1622.15. in the rural litigation and entitlement kendra, dehra dun v. state of u.p. air 1985 sc 652 the supreme court came close to the ratio that the right to environmental protection can be considered ..... necessary. standards have been prescribed by these boards for the control of pollution. whoever makes the breach of these standards, commits an offence under this act. the act provides punishments which include both imprisonment and fine. different standards are needed for different types of industries regarding different streams at different places. under the ..... the board') for the purposes of business in which it is engaged.3. vide impugned notification dated 27-12-1989 (annex. 4), the rajasthan municipalities act, 1959 (for short, 'the act'), was amended by the state government and rs. 15/- per bale as water pollution prevention fee has also been imposed in addition to octroi duty .....
Tag this Judgment!Court : Rajasthan
Reported in : (1984)42CTR(Raj)218; [1984]149ITR470(Raj)
..... for consideration before their lordships of the allahabad high court in the case of rani amrit kunwar v. cit : [1946]14itr561(all) . the assessee residing at dehra dun in british india with her sons and daughters received some amount from the state of her husband and some amount from the state of her brother. the amount received ..... . it id that from which income flows. by implication, therefore, voluntary contributions may be regarded as non-income without anything more indicated in section 12(1) of the act,'52. reliance was placed on the principles enunciated in the cases of cit v. vanchi trust : [1981]127itr227(ker) and cit v. eternal science of man's ..... accumulated income in excess of that permitted by section 11 might transfer that excess amount to another charitable trust with the intention to evade tax. by the finance act of 1972, the definition of the term 'income' was also made inclusive of voluntary contributions received by a trust created wholly for charitable or religious purposes .....
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