Court : Rajasthan
Reported in : AIR1957Raj146
..... reference, are these:3. the appellant namely the punjab national bank ltd. filed an application before the civil' judge, alwar, acting as the tribunal under section 10 of the displaced persons (debts adjustment) act (no. lxx) of 1951 (hereinafter called the act). notice was issued to the debtor namely fi'rm isardas kaluram, and it was objected by the debtor that ..... 2). in the present case, the tribubunal did not go into the question of the existence or the amount of the debt at all.it merely dismissed the application on theground that the creditor not being a displaced person could not make an application under section 10,there was thus never a determination of the claimmade by the creditor within ..... viz.,1. when there is a dispute as to whether the applicant is a displaced person or not,2. when there is a dispute as to the existence or the amount of the debt,3. when there is a dispute as to the assets of any displaced debtors,we have looked up the record in kisbandas's case (a), and find .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1234; 2005(3)WLC143
..... act is referable to a decree as defined in section 2(2) of the civil procedure code/the use of expression 'decree' for decision of the tribunal constituted under displaced persons (debts adjustment) act, 1951 is not conclusive on the question whether the order passed by the tribunal under the act amounted to be a decree or not. it is ..... each other. in the present case, the order termed as decree is not a decree merely because mentioning by the appellant that the order was passed under displaced persons (debts adjustment) act. the order passed by the tribunal would not make it a decree for the purpose of court fees act for its valuation and payment of court ..... art and it must be deemed to have been used in the same sense as understood by the code of civil procedure. neither the court fees act nor the displaced persons (debts adjustment) act has defined the term 'decree.' further, there is intrinsic evidence to show that the legislature in enacting the court fees act used the term 'decree' .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj233
..... , j. 1. this is an appeal by hiranand the petitioner in the original court against the order of the civil judge, ajmer (tribunal under the displaced persons debts adjustment act -- hereinafter referred as the act) dismissing the appellant's application under section 10 of the act. 2. the appellant put an application against the two ..... been impleaded as a respondent in his capacity as a secretary. in that official capacity it will be hardly proper to treat him as a displaced person owing a debt under the act to the appellant. besides the appellant did not take any alternative ground that if the application is treated incompetent against respondent no ..... as follows: 'whether the application is not legally maintainable?' the tribunal held that the society formed in india after partition could not be treated as a displaced person and, therefore, an application under section 10 was not competent. the appellant had put in an application before the tribunal for entertaining his application as one .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN709
..... of the word 'decree' in court fees act their lordships proceeded to examine the provisions of section 14 of the displaced persons (debts adjustment) act. taking into account the nature of the proceedings before the tribunal under the displaced persons (debts adjustment) act and the object of the legislation, their lordships held that the use of the word 'decree' in ..... the same sense in which the word 'decree' is used under the act and the code of civil procedure. having regard to the provisions of the displaced persons (debts adjustment) act, 1951 and having regard to the nature of the jurisdiction of the tribunal, their lordships held that court fee is not leviable considering the decision ..... decision of the supreme court in diwan brothers v. central bank of india, bombay and ors. (1) he urged that was a case under the displaced persons (debts adjustment) act, 1951 and section 14 of that act provided for rejection of the claim or allowing of the claim and the tribunal is required to pass a .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN658
..... provisions contained in section 8 of the central court fees act, 1970. that was a case considering the nature of the decision given by the tribunal constituted under the displaced persons (debte adjustment) act. in my opinion, the full bench decision of the madhya pradesh high court cannot be pressed into service in the present appeals.5. so far as ..... of the court fees act is referable to a decree as defined in section 2(2) of the civil pc. the decision of the tribunal constituted under the displaced persons (debts adjustment) act either allowing a claim or rejecting a claim, though described as a decree in the act, does not make it a decree within the meaning of the ..... not fulfil the requirements of a decree within the meaning of schedule ii, article 11 of the court-fees act. therefore, the memorandum of appeal filed by a person aggrieved by the decision of the tribunal squarely falls within the ambit of schedule ii, article 11 of the court-fees act and ad valorem court-fees under schedule .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj235
..... was dealt with by the presiding officer of the court of civil judge, suratgarh, who was appointed tribunal for the purposes of the displaced persons (debts adjustment) act. the learned judge of the tribunal dismissed the claim by order of 14th december, 1954, the petitioner munshi ram and others have come in revision.3. it is argued ..... , j.1. this is a revision against an order of the learned judge of the tribunal in proceedings under section 10 of the displaced persons (debts adjustment) act, 1951, (no. lxx of 1951)2. the petitioner munshi ram and certain other persons filed a claim for the recovery of rs. 4,373/2/6 against hukam singh and another before the tribunal at ganganagar. this .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN97
..... reliance is placed on the decision of a full bench of the punjab high court in ram lals v. central bank of india . that case related to the displaced persons (debts adjustment) act 1951. 'debt' is defined under that act as any pecuniary liability, whether payable presently or in future, or under a decree or order of a civil or revenue court or ..... the abatement of the suit on the ground that they are agriculturists. this application was dismissed by the trial court on the ground that the damages claimed were not 'debt' within the meaning of the act. reliance was placed on a decision of this court in manakchand v. kaney singh 1965 r.l.w. 224. that decision has ..... 1. this is a revision application by the defendants against an order of the civil judge, merta holding that the damages for breach of contract are not covered by 'debt' as defined in section 2(c) of the rajasthan relief of agricultural indebtedness act 1957.2. the defendants entered into a contract with the plaintiffs for the supply of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj48
..... pending.4. subsequently 22 bighas 8 biswas out of the land of the evacuees was allotted by the government of india to bhola singh and waryam singh under the displaced persons (compensation and rehabilitation) act, 1954. the present suit was then instituted against the union of india, the managing officer of acquired evacuee. agricultural property and settlement officer ..... rs. 8,000/- on the property of the evacuees if they succeed in establishing that consideration to this extent was paid either in cash or by adjustment of previous debts on the date of the execution of the contract of sale on which they rely or at an earlier date.6. the only question which therefore ..... 3) the mere registration of a claim shall not entitle the claimant to payment and the custodian may for reasons to be recorded refuse payment(4) no debt incurred by the evacuee before the property vested in the custodian shall be paid without the sanction of the central government or custodian general.explanation-- nothing in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj130
..... agreeing to resell the house within a year. out of the sale consideration of rs. 10.000/-, rupees 5.000/- only were paid in cash and remaining amount was adjusted towards old debts outstanding against him. all the expenses required in executing the aforesaid two documents were borne by him. mutation has not been effected in favour of the defendant in the ..... excluded transactions embodied in more that one document from the category of mortgages, therefore, it is reasonable to suppose that persons who, after the amendment, choose not to use two documents, do not intend the transaction to be a sale, unless they displace that presumption by clear and express words; and if the conditions of section 58(c) are fulfilled, then we .....
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