Court : Rajasthan
Reported in : AIR1959Raj177
..... durgah khwaja saheb (emergency provisions) act, 1950, and finally durgah khwaja saheb act, 1955 ..... of the durgah khwaja saheb act, 1955 (act no. ..... was next urged that the durgah khwaja saheb act was not a religious act, but was a secular act enacted for the better management and control of the properties of the durgah endowment and the question of ..... the said durgah khwaj'a saheb act was brought into force by the central government with effect from 1st march, 1956, and the nazim (administrator) of the durgah sharif wrote to the secretary anjuman moinia fakria chishtia and yadgar chishtia khuddam khwaja on 29th february, 1956, intimating that the act was to ..... 1955 the parliament of india enacted the durgah khwaja saheb act ..... that behalf, which can be exercised arbitrarily; section 11(h)- so far as it empowers the secular committee to determine even the spiritual functions and powers, if any, which the sajjadanashin may exercise in relation to the durgah; section 13(1)- so far as it empowers the secular committee to make interim arrangements for the performance of the spiritual functions of the sajjadanashin as it may think fit with the previous approval of the chief commissioner; ..... durgah committee this exclusive right was challenged, and he put forward the claim of the committee to recover gold and silver articles including kabarposhes or any other article offered for the use of the tomb, dome or the durgah khawaja saheb ..... been amended by the fourth amendment act 1955, and ..... amended by act .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj398; 2001(2)WLC423; 2001(2)WLN271
..... after the charge is framed, the accused cannot be heard to say out-side the trial that he has been falsely implicated for certain ulterior motive....thus, in our view, the impugned amendment with an object to check criminali-sation in politics and also to warn people in public life not to indulge in criminal activities, is in larger public interest.'(42). ..... (8), the hon'ble supreme court considered the applicability of the provisions of section 7(d) of the representation of people act, 1951 (for short, 'the act, 1951') imposing the disqualification on the person having contract with the government and majority view has been that if the contracl was void arid unenforceable for non-compliance of the provisions of article 299(i) ..... from the above case-law, it would be apparent that ihe disqualifications mentioned in the act, 1994 and ihe act, 1951 are entirely different, it must be kept in mind that both are creation ..... the court explained the purpose of bringing such an amendment and observed as under:-'the accused has also right to approach the high court under section 482 ..... i9(gg)of the act, 1994 have been enacted by amendment and having been up-held by ihe division bench of this court, are required to be enforced as ihey are in letter and ..... the act was amended by adding clause (gg) therelo to make a person ineligible if 'he is under trial in the competent court which has taken cognizance of the offence and framed the charges against him of any offence punishable with imprisonment for .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... it was contended for the respondents in that case that under sections 5 and 9 of the durgah khwaja sahab act, 1955 the government of india had the power of appointment' and removal of members of the committee of management as also the power to appoint the ..... 7 relating to the delimitation of parliamentary and assembly constituencies have been made by delimitation commission or, as the case may be, the election commission and published in the official gazette, the election commission shall, after making such amendments as appear to it to be necessary for bringing upto date the description of the extent of the parliamentary and assembly constituencies as given in such orders, consolidate all such orders into one single order to be ..... a school run by a committee of management formed under the provisions of durgah khwaja sahib act, 1955. ..... 75 -- provides that no suit against a zila parishad or against any member, officer or servant thereof or against any person acting under the direction of the zila parishad for anything done or purporting to be done under the act in its or his official capacity shall be instituted without giving two months notice or more six months alter the accrual of ..... . as was pointed out by their lordships of the supreme court, in air 1964 sc 254, for holding an office of profit under the government one need not be in the service of government and there need be no relationship of master and servant between them the above case is therefore ..... air ..... . 1964 the pramukh is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1981Raj29; 1980()WLN141
..... this connection, reliance has been placed on section 13 of the durgah khawaja saheb act, 1955, which reads as under:--'13. ..... 11,000/-, and the suit be withdrawn from the court of the munsiff, ajmer, and be transferred to the court of the civil judge, ajmer, accordingly, the plaintiff amended the plaint and the suit was transferred to the court of the civil judge ajmer who, after recording the evidence produced by the parties, dismissed the suit by his judgment and decree dated december ..... statement, the durgah committee pleaded that on the death of hakim inayat hussain, responsibility for making interim arrangement for the performance of the functions of the sajjadanashin had devolved upon it under section 13(1) of the act and, consequently, it had appointed syed saulat hussain, son of hakim inayat hussain, as interim sajjadanashin and further that this appointment had been approved by the governer of the state of rajasthan vide notification dated july 27, 1964, with ..... this application was allowed on september 30, 1964, and the durgah committee, ajmer, was impleaded as a ..... the learned munsiff, by his order dated october 13, 1964, overruled the objection raised by the committee and held that the suit was triable by the civil ..... by another order dated december 12, 1964, the munsiff also rejected the plea that the suit had been undervalued and the court-fee paid on it was ..... revision was taken to the high court from the orders of the munsiff dated october 13, 1964, and december 12, 1964. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005ACJ1653; AIR2004Raj131
..... if the motor vehicles amended act of 1994 is examined, particularly section 46 of act 6 of 1994 by which expression 'injury to any person' in the original act stood substituted by the expression 'injury to any person including owner of the goods or his authorised representative carried in the vehicle' the conclusion is irresistible that prior to the aforesaid amendment act of 1994, even if widest interpretation is given to the expression 'to any person' it will not cover either the owner of the goods or his authorised representative being carried ..... pessumal dhanamal, reported in air 1964 sc 1736, new india assurance co. ..... 's case, air 1964 sc 1736 it was comprehended that the matter rests in the realm of terms of the policy, as to whether the insurer had undertaken an extended cover beyond the one required by the statute, and appreciating the terms of the ..... 's case, air 1964 sc 1736, is a case primarily dealing about the scope and effect of the terms of the insurance policy. ..... 's case (air 1964 sc 1736) that the object of the statute is to provide relief to the unfortunate victims of the accident or their dependants, but then that is only one part of the object of the statute. ..... 's case (air 1964 sc 1736), kamla's case and lehru's case (air 2003 sc 1292). ..... 's case (air 1964 sc 1736) and amrit lal sood's case, but in view of the subsequent constitution bench judgment in c.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(1)WLN774
..... by the notification dated 25th may, 1985 the excise commissioner, with the previous sanction of the state government, has made the following amendment in the issue price rules:in the rajasthan issue and sale price of country liquor rules, 1964-for rule 2, the following shall be substituted, namely: (2) issue price: the issue price of different varieties of country liquor that at the price at which the country liquor will be issued from government warhouse ..... of writ petitions, filed under article 226 of the constitution, the petitioners, who are licensees for the exclusive privilege of selling by retail country liquor, have challenged the validity of - (1) section 42(e)(iii) of the rajasthan excise act, 1950, (here in after referred to as 'the act'); (2) notification dated 25th may, 1985, amending the rajasthan issue and sale prices of country liquor rules, 1964 (here in after referred to as 'the issue price rules'); and (3) conditions nos. ..... dealing with the word 'regulating' in clause (d) of sub-section (2) of section 3 of the essential commodities act, 1955 the supreme court held-we find no lawful justification for giving a restricted meaning to the word 'regulating' in clause (d) of sub-section (2) of section 3 of the act as not to take in 'prohibiting.he was said that a word takes its colour from the context and may in a particular setting comprehend the power to exercise control, ex gratia, fixing a controlled price. ..... air 1955 sc 879 s. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj140; 1978(11)WLN137
..... the liberty loving hippies were or she attended some dance party or went to english pictures, or to a restaurant; all these are accusations which have been stoutly denied by the wife, none of these acts severally or collectively can cause any cruelty, mental or otherwise, unless the husband chooses to work himself up to believe that he is being treated with cruelty. ..... dastane air 1975 sc 1534 a decision handed down before the act was amended in 1976, the supreme court held that the court has to deal not with an ideal husband and an ideal wif' (assuming any such exist) but with the particular man and ..... moreover, the letters were written before the amendment of the act and before the petition was allowed to be converted from ..... with the views of the learned lower court but with this modification that these facts specially the letters were acts of cruelty not slight enough to effect revival only but per se constitute spousal cruelty in the first instance. ..... years old before it came crashing down and the husband preferred an application on january 11, 1972, for judicial separation on the grounds of desertion and mental cruelty under section 10 of the hindu marriage act, 1955, which shall hereinafter be called the act. ..... meena air 1964 sc 40, in cases of desertion--the factum as well as the animus deserendi--the burden of proof is on the petitioner and he or she has to establish beyond reasonable doubt to the satisfaction of the court the desertion throughout the entire ..... brocq (1964) 3 all .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1202
..... to re-inforce this argument it may be argued that at least after the amendment of section 173 by the amendment act of 19s5 by which sub-section (4) has been remodelled and sub-section (5) is added, the only report that can be submitted under section 178 is a positive report because ..... the phraseology of sub-sections (1) and (2), we are of opinion that submission of a negative report is contemplated under section 173, and addition of sub-sections (4) and (5) by the amending act cannot affect the meaning to be assigned to sub-sections (1) and (2).10. ..... the magistrate when he is directing the submission or a charge-sheet in the circumstances referred to above is not acting as a senior administrative officer over-ruling in administrative capacity the decision of the police officer in charge of police station or investigating ..... the investigation is complete and the magistrate does not act as an administrative officer, superior to the officer in charge of the police station or investigating officer in directing the submission of the charge ..... in which it has been held that the magistrate cannot direct the police to submit the charge-sheet mainly proceed on the view that in doing so the magistrate is interfering in the investigation, or is acting as an officer superior to the investigating agency. ..... section 3 of the police act provides that except as authorised under the provisions of that act, no person, officer, or court shall be empowered by the state government to supersede or control .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39
..... of duty or authority since the said ads had no reasonable connection or nexus to the duty or authority imposed upon the officer under the bombay police act or any other enactment conferring power of the police under the colour of which this act was done and that such acts fall completely outside the duties and scope of the policeofficers and they were not entitled to the protection conferred by section 161(1) of the bombay ..... who is a member of indian police service and the said provisions provide for the limitation of three months from the dale of misconduct/offence, and for other remaining police officials, of section 161 of bombay police act, 1951, (applicable in gujarat also), which provides for the limitation of six months and for taking cognizance and for prosecution, two years from the date of offence. ..... there are various acts like the terrorist and disruptive activities (prevention) act, 1987; essential commodities act, 1955; prevention of corruption act, 1988; n.d.p.s. ..... were not available in respect of offences triable under the west bengal criminal law amendment (special courts) act, 1949 and hence the investigation was without jurisdiction. ..... the non-obstante clause in this provision makes it clear that until a special court is constituted under section 36, the court of sessions shall try any offence committed on or after the commencement of the amending act and no other court, including the magistrate's court will have jurisdiction to try the offences under the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2000Raj228
..... here that present suit has been filed before code of civil procedure was amended in 1976 by the code of civil procedure (amendment) act 1976 (hereinafter called the act of 1976) and ordinarily an act operates prospectively in the matter of procedure would not effect the proceedings which has come into force prior to commencement of new act, unless contrary is provided by statute, either expressly or by necessary implication ..... abundantly clear the trial court has clearly committed an error in placing reliance on 1953 raj lw 429 : (air 1954 raj 4), a decision rendered with reference to provision of cpc before amendment and air 1978 cal 440 in construing explanation viii of section 11 as to its scope of operation, which has been impliedly overruled by the supreme court. ..... this conduct only corroborates the case of the defendant that he having agreed to sell the plot in question to ganeshlal, and obtained the money invested by him on 2-10-1955, had no interest left in it so as to do anything to secure or enquire about title deeds in respect of the plot in question, and ganeshlal in whose ..... (1982) 1 scc 71, page 90 : (air 1981 sc 2198) said that explanation viii inserted by the amending act of 1975, was intended to serve this purpose and to clarify this position.to keep the litigation unending, successive suits could be filed in the first instance in the court of limited pecuniary jurisdiction and ..... be profitable to draw attention to the decision of supreme court in durgah committee v. .....
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