Court : Rajasthan
Reported in : AIR1978Raj72
..... in the context of the federal structure of our constitution, the governor has a pivotal role to play in the indian polity and it will be completely subversive and totally destructive of the federal framework of the constitution and the autonomy of states contemplated thereto, to describe the governor as anemployee of the central government. ..... head of the executive of his province as the governor general is the head of the dominion and each province has been assigned rights and obligations and in the fulfilment of these obligations they are sovereign in their respective fields and have their own government empowered to enact and enforce laws.in re the initiative and referendum act, 1919 ac 935 at page 942, it has been held :'the scheme of the act passed in 1'867 was thus, not to weld the province into one, ..... . thus, there was, in law, no vacancy much less temporary vacancy in the office of the vice-chancellor and, there fore, the chancellor could not have acted under section 12 (7) of the act; and secondly, the act of the chancellor in forcing resignation by the then vice-chancellorwas a mala fide act brought under the pressure of shri bhairon singh shekhawat, chief minister, shri lalit kishore chaturvedi, education minister and the new janta government, which had come into power .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj133
..... entitled to the relief asked for by him; (ii) secondly, that the court's interference is necessary to protect him from that species of injury which the court calls irreparable before his legal rights can be established on trial, and (iii) thirdly, that the comparative mischief or inconvenience which is likely to issue from withholding the injunction will be greater than that which is likely to arise from granting it. ..... in the course of arguments learned counsel for the appellant was unable to show, relying on the representation of the government after 1973 that the company had altered its position by investing monies and thus no factual foundation for establishing plea of promissory estoppel has been laid down and as such it would be unfair to the respondents to allow the appellant to base its claim on the plea which has not been raised in the pleadings. ..... learned counsel appearing on behalf of the appellant urged that octroi duty is an obligatory tax provided under section 104 of the act and the defendants failed to point out any notification published under section 104 of the act, whereby it could be said that municipal board, lakheri, was entitled to recover octroi duty. ..... reed, 1914 ac 587 in an appeal from the court of appeal of new zealand a question arose before their lordships of the privy council whether a term of the policy which was contrary to section 64 of the life insurance act, 1908 of new zealand could be enforced. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj109
..... moment an oral contract is reduced, into writing, it is not open to any of the parties to prove the terms of the contract, referring to the original oral agreement and that section 91 of the evidence act applies not only to cases where the contract is brought about or concluded by writing, but also where the contract having been originally made by parol agreement is subsequently reduced into writing ..... mortgagee, a licensee or a lessee or a person in permissive possession or otherwise in occupation of the property sought to be sold, the proposed vendee being already in actual physical possession of the said property as such delivery of possession is not possible and possession can be transferred only in such manner as is possible, such as by getting a mutation entry made in favour of the vendee or the vendor making an unequivocal declaration of his intention of divesting himself of the ownership of the property in ..... the pleas of adverse possession and part performance of a contract of sale are destructive of each other, yet it is apparent in the present case that the plea of adverse possession, though raised in the written statement but was sever pressed by the defendants; on the other hand a plea of oral sale coupled with delivery of the property was specifically pleaded and was sought to be pressed and proved by the defendants. ..... leakut hosain, air 1914 cal 754, the learned judges were not inclined to hold that such a strict interpretation of section 54 as was suggested in ..... 1914 .....
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