Court : Rajasthan
Reported in : AIR1970Raj91; 1969()WLN223
..... the present case, the application of the official liquidator under section 543 of the companies act is not a plaint. the meaning of the word 'suit' was considered by their lordships of privy council in hansraj gupta v. dehra dun-mussoorieelectric tramway co, ltd., air 1933 pc 63 and their lordships held as follows ..... :--'the word 'suit' ordinarily means, and apart from some context must be taken to mean, a civil proceeding instituted by the presentation of a plaint.'their lordships were no doubt considering the question with reference to the provisions of section 3 of the limitation act ..... ed the winding up proceedings. if therefore the official liquidator preferred the remedy by way of an application under sec-tion 543 of the companies act, which had the added advantage of providing a longer period of limitation it cannot justifiably be argued that his application should be rejected simply because .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj155
..... discovery of the illegality of the contracts was the time when the contracts were made. equally relevant are the following observations of their lordships in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. :-- 'in the absence of special circumstances (and none exists here) the time at which an agreement is discovered to be ..... the permit to the two partners in proportion to their respective shares without the permission of the concerned transport authority under section 59 of the motor vehicles act and conferred on the plaintiff also the right to use the vehicle on the route authorised by the permit. the agreement therefore clearly violated the provisions ..... are discovered to be void or contracts which became void, 18. a 'void' agreement as well as the contract which 'becomes void' are defined in the contract act as follows,-- '2(g). an agreement not enforceable by law is said to be void;' .................................... '2(i) a contract which ceases to be enforceable by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj143; 1989WLN(UC)373
..... at this stage deal with thequestion of validity/legality of the agreement.9. it may be stated that sub-section 3(a) was inserted in section 63 of the act by act no. 56 of 1969 and prior to that sub-section 3a of section 63 did not exist on the statute book. even sub-section (3) of section 63 ..... under section 63(3) only on the conditions stated in the provisions being satisfied. this court dealt with the provisions of section 3 a of section 63 of the act and said that the said provision requires that the agreement enabling such permission by counter-signature should have been published by each of the state governments concerned in the ..... the provisions of chapter iv relating to the grant, revocation and suspension of permits shall apply to the counter-signatures and the procedure contained in section 57 of the act for grant of stage carriage permits and shall apply to the grant of counter-signature also. therefore, even assuming that there was no valid agreement after 1968 in between .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985WLN(UC)582
..... fir and, therefore, it cannot be used as a confessional statement on this behalf, on the basis of which any recovery has been made under section 27 of the evidence act. his statement that the other persons gave beating to sohan dan cannot be read into evidence and, therefore, this ex. p. 3 is a document of no consequence.31. pw .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1992Raj108; 1991(2)WLC540; 1990WLN(UC)377
..... reads as under:--transport departmentnotification jaipur, february 3, 1989s.o. 236-- in exercise of the powers conferred by section 4-b of the rajasthan motor vehicles taxation act, 1951 (rajasthan act xi of 1951), the state government hereby makes the following further amendments in the schedule appended, to the home department notification no. f.1 (8) home ..... fixed or, where no time-table has been fixed, as per the scope fixed by the regional transport authority for a route under the motor vehicles act, 1939 (central act 4 of 1939)' shall be substituted and shall be deemed to have been substituted on and from the first day of october, 1982.'12. this ..... gr. vic) department notificationsjaipur october 1, 1982s.o. 96. - in exercise of the powers conferred by section 4-b of the rajasthan motor vehicles taxation act, 1951 (rajasthan act 11 of 1951), the state government hereby fixes with immediate effect the rates of special road tax on different classes of motor vehicles specified in clumn no. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1519; 2006(4)WLC488
..... took place in the field belonging to accused party, therefore it cannot be presumed that the appellants had any intention to kill the deceased but it appears that they acted to protect their property. after appellant bhanu was assaulted by the complainant party with sharp and blunt weapons, he had right to defend himself and his property. one ..... section 96 makes it abundantly clear that nothing is an offence which is done in the exercise of the right of private defence. they did not commit any criminal act or to do anything which may be described as unlawful. their object was not to kill the deceased but to protect their property. it may be, that in given ..... right of private defence to thwart the same. in the course of exercise of such right of private defence, the accused who gunned down the mischief makers, has obviously acted far in excess of right of private defence. nonetheless the first degree of right of private defence cannot be denied to the accused.14. in subramani v. state t .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996CriLJ1191; 1996WLC(Raj)UC479
..... held that until transfer of ownership is entered in certificate of registration, person in whose favour such certificate stands is presumed to be the owner under section 114, evidence act. there is no dispute about the correctness of this dictum of law. as mentioned earlier under section 452, cr. p. c. a magistrate has not to decide ..... may be with somebody else, was pointed out in the oriental fire and general insurance co.'s case. it was further held that the provisions of motor vehicles act regarding registration and issue of permit have nothing to do with the ownership of the vehicle, that those documents only provide for regulation of the use of the ..... the registration certificate, insurance certificate, and any other documents pertaining to the said truck. the s. h. o. seized the said truck under section 207, motor vehicles act. on 23-6-94, he submitted a criminal complaint against petitioner benidan, as the alleged owner of the said truck and inder singh, driver in the court of learned .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ2096; I(2006)DMC574; RLW2006(2)Raj1123; 2006(2)WLC268
..... the accused.(3) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and ..... 'grave suspicion' should connect the accused to the alleged crime.17. thus, there are differences between 'taking of cognizance and 'framing of charge'. of course, both the acts require the application of judicious mind. however, the former is done without hearing both the parties. cognizance is taken without the accused being heard. the latter is done after ..... one. relying on the case of union of india v. prafulla kumar samal and anr. : 1979crilj154 , he has argued that while framing the charge the court should act neither as the mouthpiece of the prosecution, nor as a post office for them. in order to examine whether the ingredients of a particular offence exist or not, the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj272; 2000(3)WLC209
..... person. it is further submitted that even if it is assumed that the petitioners have committed illegality or irregularity sufficient safeguards have been provided in the act and the rules and the drastic action of seizure of vehicle is not warranted. seizure of vehicle on roads creates insurmountable hardship to the passengers travelling ..... are other minor changes with respect to corresponding change of sections. thus, in substance, section 207 is analogous to section 129aoftheoldact.18. section 207 of the act contemplates five situations in which a police officer or an authorised person may seize and detain a motor vehicle, where he has reason to believe that a ..... reading of section 207 clearly showsthat sufficient guidelines and norms have been laid down for exercise of powers by theconcerned authorities under section 207 of the act. the power has to be exercised only in certain circumstances and on existence of objective facts. the police officer or authorised person must have reason .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN75
..... supra), in which their lordships have held as under:the setting up of delhi special police establishment by the central government under the d.s.p.e. act does not by itself deprive the anticorruption branch (delhi administration) of its jurisdiction to investigate the offence of bribery and corruption against the central government employees in ..... to narcotic drugs, to make stringent provisions for the control and regulations for operations of the narcotics drugs and psychotropic substance and the matter connected therewith, the act of 1985 has been enacted.19. their lordship's of the supreme court in the case of mubarak ali v. state 0043/1957 : 1957crilj1346 have ..... the learned sessions judge, ajmer, in sessions case no. 25/86. learned sessions judge convicted and sentenced the present appellant under the narcotic drugs and psychotropics substance act, 1985, to 10 years rigorous imprisonment and a fine of rs. 1,00,000/-. in case of default in payment of fine, accused appellant was further .....
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