Court : Rajasthan
Reported in : AIR1972Raj133; 1971(4)WLN601
..... preferred. one was dismissed on the ground of limitation or default in presenting. the dismissal, their lordships held, would operate as res judicata. the trial court's decision was confirmed even though the dismissal was on the ground of limitation. their lordships, however, declined to decide the controversy between the two lines of decisions ..... . wife asked for judicial separation by a separate petition. the two petitions were tried together. husband succeeded. the wife, who failed, appealed against her husband's success and not against her failure. the learned judges held that it did not operate as res judicata because they were same proceedings and there was no former ..... nyaya' as a complete answer. macnaughten and colebrooks translation of katyayan verse 101 also recognizes it. under the roman law a defendant could successfully repel a plaintiff's suit on the plea of ex-ceptio res judicata'. they said, 'one suit and one decision was enough for any single dispute.''the true theory of' .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN702
..... was published in the rajasthan rajpatra dated 5th may, 1966. thereafter notices to the individual khatedars of the land were issued under section 9 of the act for assessing the compensation. it is alleged that the petitioners had filed their claims before the land acquisition officer but no substantial proceedings could be taken by the said officer ..... to this court under article 32 from one applicable to applications under article 226. there is a public policy behind all statutes of limitation and according to halsbury's laws of england (third edition vol. 24) article 330 at page 181:the courts have expressed at least three different reasons supporting the existence of statutes of ..... shall start from the date of its publication. these facts that the proceedings for determining the compensation are suit in progress & the possession of the land has not yet been taken from the petitioners, do not help the petitioner's claim that a further claim that a further cause of action has arisen to them to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973CriLJ711; 1972()WLN286
..... accused was voluntary and that it did not appear to be the result of inducement, threat or promise as contemplated by section 24, evidence act, and the surrounding circumstances did not indicate that it was inspired by some improper or collateral consideration. again, in this case p.w. ..... sections would necessarily involve the widening of the scope of each and would result in the destruction of the essential elements of these sections.4. by act no. 26 of 1955 word 'charge' in clause (a) of section 537, cr.p.c. has been omitted and a new clause ..... section 235, cr.p.c. would extend to any number of offences which the accused is alleged to have committed in one series of acts so connected together as to form part of the same transaction. the offences here relate to different periods. because of this material illegality, ..... l.s. mehta, j.1. accused jagsu ram, an employee in the rajasthan secretariat, is alleged to have drawn more suspension allowance for the months of october, 1965, december. 1965 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN215
..... this an application under a special provision like the one under section 75 of the act cannot be characterised as a suit within the meaning of the act.15. section 40 of the act casts the obligation on the principal employer in respect of every employee's contribution in a factory. then there are several provisions regarding the method of payment of ..... person, delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered of left.(2) ..... position has been authoritatively determined by a recent judgment of the supreme court in bharat barrel & drum mfg. co. v. e.s.i. corporation. 1971 f.j.r. 339. in that case rule 17 of the bombay employee's insurance court rules, as it then was, came up for consideration. a limitation of 12 months was laid down under the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj309
..... for the non-petitioner plaintiff has urged that the question of provision of marriage expenses for the daughters does not arise in a case governed by the hindu succession act, 1956 for the simple reason that the daughters are also equally entitled to a share along with their brothers in the property of their father. this is correct. ..... that there was no joint messing of the parties after the death of madanlal. as a matter of fact nandlal had separated from madanlal even during the latter's life time and litigation had started between them. it is then difficult to understand how the share of household expenses which the defendants may have incurred for themselves ..... it may be observed here that the ground relied upon by the defendant for the application for review was that the order had been passed without taking the defendant's reply into consideration and without hearing his arguments, and as such there had occurred an error apparent on the face of the record. after hearing arguments on the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN533
..... union but allowed jain's petition holding that the state government was not competent to transfer him and other employees who had been employed in the department to other establishments of the state because jain as a workmen was entitled to certain bent fits under various statutes such as workmen compensation act. (act no viii of 1923), the payment of wages act (act no iv of 1936 ..... ), the minimum wages act (act no. xi of (1948) and conditions of .....
Tag this Judgment!Court : Rajasthan
Reported in : (1972)IILLJ585Raj; 1972()WLN541
..... of the workmen is only under the workmen's compensation act. a provision similar to that contained in section 14 of the workmen's compensation act is contained in section 97 of the motor vehicles act. a perusal of section 95 makes it quite clear that claims by employees under the workmen's compensation act are entertainable in respect of accidents from motor ..... is a goods vehicle, a limit of twenty thousand rupees in all including the liabilities, if any arising under the workmen's compensation act, 1923, in respect of the death of, or bodily injury to employees (other than the driver), not exceeding six in number being carried in the vehicle;(b) where the vehicle is a vehicle ..... questions as follows :--(1) sections 95 and 96 of the motor vehicles act, 1939 are applicable to claims under the workmen's compensation act 1923, provided the accident arises out of the use of a motor vehicle in a public place and the employee concerned is covered by the limits laid down under section 95 (2), that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj7; 1972()WLN623
..... . even if we look to the table of heirs given in schedule under class ii under section 8 of the hindu succession act. step-mother has been put in entry vi to class ii heirs under the head 'father's widow', whereas the natural mother has been put in class i heir in the said schedule. although the term 'mother' is ..... a guardian appointed by the court has been held to be competent to give a child in adoption.learned counsel's emphasis is on the expression 'child' occurring in this section to seek assistance in support of his contention that the act has provided for giving and taking ceremony in a case of adoption of a minor only and not in ..... constitution empowers the legislature to make special provisions for minors for their welfare. in any view of the matter, therefore, it cannot be said that the impugned provisions of the act are in any way repugnant to article 14 of the constitution. we. therefore, are of opinion that the contention of the learned counsel on the ground of discrimination is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj13; 1972()WLN709
..... commissioner devasthan and other authori-ties, but all other public trusts are outside their purview. whether this laxmi naraninji's temple is a public trust or not may have to be decided by the authori-ties under the act, but whether it is a public trust of the prescribed valuation by way of income or valuation of assets or ..... hands and leave the parties to aporoach the assistant commissioner devasthan to decide the question whether shri laxmi narainji's temple is a public trust or not. in the light of the decision of the competent authorities under the act on this question the learned district judge shall proceed further in the matter according to law. the parties are ..... and on behalf of the temple of shri laxmi narainji and thus the impact of section 29 of the act cannot be avoided. as i have already observed, i express no opinion on the question whether shri laxmi narainji's temple is a public temple as contended by the defendants-appellants and the devasthan commissioner or it is a .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN738
..... months. the trial court directed that out of the amount of fine rs. 500/-, if recovered, rs. 300/-, should be applied for payment to mst. pushpa as compensation for the injuries caused to her,2. dissatisfied by the above verdict, sua lal has taken this appeal. the first contention of learned counsel for the appellant is that ..... ilr 47 cal 190 special bench of the calcutta high court, consisting of woodroffe, mookerjee and fletcher, jj. defined 'attempt', in the most condensed form:attempt is an act done in part execution of a criminal design amounting to more than more preparation, but falling short of actual consummation, and possessing, except for failure to consummate, all the ..... private parts of mst. pushpa, nor was her hymen torn, his conviction under section 376, i.p.c., could not have been recorded.3. dr. s. b mathur, medical jurist, s.m.s. hospital, jaipur, conducted the medical examination of mst. pushpa on december 14, 1970, at 7.30 p.m. the result of his examination is reproduced .....
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