Court : Rajasthan
Reported in : 1969()WLN615
..... any share out of the income of any jagir land shall be paid such amount every year from the annual instalment of compensation and rehabilitation grant payable under this act as bears to the total compensation and rehabilitation grant the same proportion which his share of the income of the jagir land bears to the total income of ..... account the debts of the jagirdar.(2) that under section 32 the jagir commissioner is required to provisionally determine, after such enquiry as he deems necessary, the amount of compensation payable to the jagirdar under section 26 and other amounts mentioned in clauses (b), (c) and (e). thereafter, after following the procedure laid down under sub- ..... 226 and 227 of the constitution of india in its order dated 25-10-1962 held that 'in fixing the amount for maintenance the question of the jagirdar's debt does not find any place under the law' and, therefore, directed the additional jagir commissioner to determine afresh the amount of maintenance which they are .....
Tag this Judgment!Court : Rajasthan
Reported in : [1972]42CompCas1(Raj); 1969()WLN498
..... demises of the partners, if it could be deemed to have continued after their deaths, stood dissolved under section 42 of the indian partnership act on defendant no. 2's adjudication as insolvent3. that the provisions in the memorandum of association and the articles of association of the company relating to the management are ..... effected between brothers and the business is carried on by the brothers the business becomes an ordinary partnership subject to the partnership act. in girijanandini devi v. bijendra narain choudhary , a.i.r. 1967 s.c. 1124 his lordship, shah j., speaking for the court, observed that partition may ordinarily be effected by institution of ..... the matter of holding offices of the managing director, managing agent, etc., they should act through their nominees and pursuant to that decision seth guman mal of the plaintiffs' family firm and ram swarup of the defendant no. 2's family firm were, respectively, appointed nominees and representatives of the said firm for the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN278
..... report is given by an accused to a police officer and it amounts to a confessional statement, the proof of the confession is prohbited by section 25 of the evidence act. the 'confess' includes not only the admission of the offence but all other admissions of incriminating facts relating to the offence contained in the confessional statement. as has ..... body of bhoor singh lying on the 'chabutri'. now the quesion remains how the dead body of bhoor singh was found on the nearby 'chabutri' of ram singh's house. the s.h.o mangilal, p.w. 24, who proved the report ex. p. 8, has not been put any question whether there was a trail of blood from ..... dr man mohan pahawa, medical jurist, general hospital, udaipur, p w. 22, while giving the description of the injuries, as mentioned above, has positively stated that bhoor singh's death was caused due to syncope as a result of shock from sudden excessive haemorrhage on account of the injury to the big vessel (popliteal artery and popliteal vein), resulting .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj255; 1970(3)WLN622
..... time6. for a correct appraisal of the -point urged before me it would be proper to reproduce articles 49 and 145 of the limitation act, 19.08 :'49. for otherspecific moveable property, or for compensation for wrongfully taking or injuringor wrongfully detaining the same. three years when the property is wrongfully taken or injured, when the de tainer' ..... security for proper performance of the duties of an office and from which the employer was entitled to deduct all sums not accounted for by the employee, comes under article 120, limitation act.11. in air 1930 lah 913, where jewellery had been deposited by a person with his friend at the time of the friend ..... killed with the result that a criminal case was registered against shri sumersingh as well as his companions, who had accompanied him for the sport, and the plaintiff's gun was also confiscated by the government of madhya pradesh in whose territory the accident had taken place. the gun was ultimately returned by the government sometime in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj173; 1972()WLN476
..... wrong in entering into the controversy whether the registration was not complete on account of the non-comphance with the provisions of section 61 of the registration act. the defendants did not take any plea that the endorsement and certificate were not copied in the margin of the register book. the sub-registrar endorsed ..... the plaintiffs' case was not only discrepant and inconsistent but also shifting gradually at different stages. this approach of the trial court has adversely influenced the trial court's appraisement of the evidence.32. we now proceed to examine the evidence. purshottam, p.w. 1, stated 'that the ancestral business of the defendants was ..... determining the questions.22. the first contention relates to the validity of the registration and the consequent inadmissibility of the deed in evidence. issue no. s framed by the trial court contemplated a controversy over the proper presentation of the document and the non-appearance and non-admission of the defendant bhanwarlal and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN59
..... was left by his father chhaju singh; but the plaintiffs have not proved the value of the land so that the court might have been able to award them some compensation for their share in it. at any rate, as the lower court has remarked, its value must have been quite negligible. the initial burden to prove that the properties ..... aliyasantana or namboordi family property is not only made heritable but also capable of being disposed of by a testamentary document.before the enforcement of the hindu women's rights to property act (act 18 of 1937), the widow mother was entitled to a share equal to that of the son in the coparcenary property if a partition took place between the ..... of actual partition among the sons. the over-riding effect of section 4 is only in regard to such matters 'for which provision is made in the succession act'. the succession act does not contain any provision in regard to the rights or the share of the wife or the mother in the coparcenery property at the time of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj31; 1971(4)WLN287
..... or intended when the act threatened or intended must necessarily, if performed, disturb the easement.' 8. section 35 provides for the remedy of injunction in ..... ) which reads as under:--'35. injunctions to restrain disturbance subject to the provisions of the specific relief act, 1877, sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement- (a) if the easement is actually disturbed when compensation for such disturbance might be recovered under this chapter; (b) if the disturbance is only threatened .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN381
..... 96/-along with 10 times compensation amounting to rs. 960/-. a copy of this application has been placed on the record and marked ex. 1. the application was opposed by the employer, who pleaded inter alia that the. authority under the payment of wages act had no jurisdiction to entertain the employee's claim for bonus. he ..... provisions of the payment of bonus act. the authority, however, repelled all the contentions raised on behalf of the employer arid issued a direction for payment of bonus and compensation ..... also denied the worker's claim to at the payment of bonus, and further pleaded that the employer was exempt from the operation of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN530
..... decision being one declaratory of pre-existing legal rights, finds expression in the law reports of many countries in a case like the present, the right of the employee to get his wages, exists independently of the decisions by courts on the ground that law will take no notice of an illegal order. the courts in holding ..... salary though payable prior to such dismissal at the beginning of next month, ceased to be so after the dismissal and it would not be open to the employee to recover the salary earned without having the order of dismissal set aside.the bench held that the claim by a public servant, whose dismissal has been set aside ..... was barred by limitation.after recording evidence of the parties, the authority under the payment of wages act, issued direction for the payment to the petitioner of an amount of rs. 33,776,02. the authority did not allow the petitioner's claim for compensation. the opposite party filed an appeal before the district judge, ajmer. the district judge, ajmer .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj40
..... admitted that the plaintiff was disconnected from 28th march, 1965, to 15th april, 1965, though it is denied that it was due to any malicious act on the part of the employees of the board including shri prishan singh. it was also denied that the plaintiff suffered damages due to the disconnection. the plea of the defendant is ..... but this is of little consolation to the individual like the plaintiff who cannot be adequately compensated for the loss suffered by him even if some compensation is allowed to him by the magistrate. further the electricity act of 1910 and the act of 1948 do not contain any provision which expressly or impliedly bar the jurisdiction of the civil ..... as damages. the suit is founded both on tort and on contract, but the lower court has found that no agreement was executed between the parties, although plaintiff's case was that it had submitted the agreement to the defendant but the same was not returned after completion. the ground ran the basis of contract is not .....
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