Court : Rajasthan
Reported in : AIR1961Raj64
..... learned counsel for the state was that article 2 governs the case of the plaintiff and not article 19. articles 2 and 19 are as follows: 2.for compensation for doing or for omitting to do an act alleged to be inpursuance of any enactment in force for the time being in india.ninetydays.when theact or omission takes place.19.for ..... who marched in a procession in a street. it was held that article 2 applied to the case. there is no other special article regarding compensation for wrongful restraint or hurt. the decision in narendra lal das's case, air 1936 cal 653 is not helpful for this reason. in the instant case, as noted above, article 19 is a special ..... detentions were illegal, wrongful or mala fide. it was also pleaded that the suit was barred by limitation and no liability could be cast on the defendant for the commissioner's order of detention. it was also contended that the suit was barred by sec, 44 of the ordinance, and that the damages claimed were excessive. 6. the learned civil .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj45; [1960(1)FLR590]
l.n. chhangani, j.1. this is an appeal under section 30 of the workmen's compensation act, 1923 (hereinafter referred to as the act) by madanlal, an employer, from the order of the workmen's compensation commissioner, jodhpur, dated 15th april, 1959, awarding a sum of rs. 900/- to the respondent mangali in respect of an accident ..... may, however, adopt rough tests by posing questions, whether the employer not ordinarily requiring the employment of a labourer employs some labourer, or whether an employee not ordinarily standing in need of employment, by chance accepts a particular employment.it will be again a very difficult question whether both the tests should be ..... himself., although through the gajdhar. ramzan.learned counsel for the respondent in this connection wanted to argue that the employer madanlal would certainly be liable for compensation even though it be held that ramzan employed miss gopi as a contractor executing a contract of the appellant. i am not, however, inclined to go .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj256
..... state were during the pleasure of the ruler of the state, and that if the said ruler could have compulsorily retired him without being liable to pay him any compensation whatever, the position of the officer could be no better so far as the saurashtra state was concerned. these contentions 'were repelled.the supreme court held that the ..... advantageous than those on which they were serving before the date on which the administration of the state was made over to the rajpramukh or for payment of reasonable compensation, in case of earlier termination of their services. the ruler of wadhwan state made over the administration of the state to the saurashtra government. by an order dated ..... by them. this legal position is clearly implied in the observation of their lordships of the supreme court in dalmia dadri cement co.'s case., air 1958 sc 816, that:'if there were any acts of the new state which were equivocal in character, it would have been possible to hold in the light of article vi of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj130
..... the consideration of grant of permits on the routes proposed to be nationalised. in this connection, the desirability of avoiding liability of the state to pay compensation to permit-holders on account of cancellation of permits on the introduction of nationalised services was specifically referred to.13. i now come to the second contention ..... a reasonable suspicion of bias.' the said principles are equally applicable to authorities, though they are not courts of justice or judicial tribunals, who have to act judicially in deciding the rights of others, i.e., authorities who are empowered to discharge quasi-judicial functions.'in the present case the director of transport, ..... its judicial mind to the scheme at all. in this connection, i may usefully refer to the following observations made in naib transport (pr) ltd. v. s. n. mukherjee, air 1959 cal 447 :-'the question of nationalisation of transport may properly be considered under the head 'interest of the public generally'. i think .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj81
..... be deemed to be debts provable in insolvency.'explanation:- 'for the purposes of this section 'liability' includes any compensation for work or labour done, any obligation or possibility of an obligation to pay money or money's worth on the breach of any express or implied covenant, contract, agreement or undertaking, whether the breach does or ..... now the courts below seem to have been under the impression, though quite wrongly, that the law under which he was declared insolvent was the provincial insolvency act, 1920 (act no. v of 1920), which it is elementary does not apply to presidency-towns, and calcutta was and is one of them. the law under which ..... partnership business along with his separate property vests in the insolvency court.once this vesting takes place, the provisions of section 17 of the 'presidency-towns insolvency act come into play, and no creditor with respect to a debt provable in insolvency can proceed against the insolvent except by recourse to the insolvency: court, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj25
..... it had been built at an enormous cost. i have no doubt that the suits before me clearly fall within the mischief of the principles discussed above, and pecuniary compensation can afford no just measure of damages in cases- of this type, and the only legal as well as just remedy is to order a removal of the encroachment ..... produced' it instead of leaving it to be produced by moolchand the other plaintiff who clearly deposed that it related to dharam chand's house. this patta was definitely put to bhailal, d. w. 4, an employee of the thikana and he admitted that it bore the seal of the thikana. it was also put to thakur jagjitsingh himself, and ..... 94 (supra). again the principle is well settled that a plaintiff is entitled to a mandatory injunction where the defendant despite protests from the plaintiff persists in his unlawful act and behaves in an unfair and high-handed manner. see murarilal v. balkishan, air 1926 nag 416 and the cases discussed therein and in particular the english case krehl .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj168
..... vehicles authorised to be used under the permit or curtail the area, or route covered by the permitsection 68-g sets out the principles and method of determining compensation to persons whose existing permits are cancelled, and section 681 empowers the state government to make rules for the purpose of carrying into effect the provisions of the chapter ..... the general manager of the-state transport undertaking can be said to be illegal. thereafter it is almost a ministerial act. the general manager will have to determine the compensation payable according to the policy of the law and pay the same to the persons concerned.16. all the above contentions, therefore, fail and we cannot give ..... it has been held that the state transport undertaking also must comply with the provisions of section 57(2) of the act and must make an application for a stage carriage permit or a public carrier's permit not less than six weeks before the date on which it is desired that the permit should take effect or if .....
Tag this Judgment!Court : Rajasthan
Reported in : [1962]45ITR317(Raj)
..... above view finds ample support from an earlier decision of this court in gian singh v. collector, bhilwara. in that case the commissioner under the workmens compensation act request to the collector to realise a certain sum of money which had made a request to the collector to realise a certain sum of money which under the ..... being in force to be recoverable in the same manner as an arrear of revenue; and(d) all sums declared by the rajasthan public demands recovery act, 1952 (rajasthan act v of 1952), or any other enactment for the time being in force to be public demands or recoverable as arrears of public demands.'the various clauses ..... firm preferred an appeal to the appellate assistant commissioner against the order of assessment passed by the income-tax officer, after an application under section 27 of the act requesting the income-tax officer to cancel the ex parte assessment had failed. the appellate assistant commissioner by his order dated 10th april, 1959, partially accepted the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj1
..... of the public prosecutor or someone on his behalf. though no specific provision of law has been referred to by the sub-divisional magistrate under which he purported to act, yet from the nature of the order that was written by the said officer, it seems that he presumably desired to take action under section 247 of the ..... of a cognizable offence and it includes a police report in a non-cognizable case under section 155 of the criminal procedure code. it was further observed in the judgment of devisingh's case, ilr (1959) 9 raj 979: (air 1960 raj 150) that provisions of section 247 of the criminal procedure code would not be attracted to such cases. in that ..... submitted by the station house officer in exercise of his functions as a police officer. such a report would fall within the scope of section 24 of the police act.it cannot, therefore, be conceived that the police report in question was by the station house officer in his private or individual capacity. the report was obviously by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj68
..... it is sufficient, the document must be deemed to be admitted in evidence on the day the order is passed and section 36 of the stamp act will come into operation." in gordhan singh's case, ilr (1959) 9 raj 362 : (air 1959 raj 156), a preliminary issue was framed by the trial court as to whether the ..... same court or before the superior courts in appeal or revision? the answer to this question will depend upon the meaning of the word's 'admitted in evidence' used in section 36 of the stamp act which runs as follows: "where an instrument has been admitted in evidence such admission shall not, except as provided in section 62, be ..... facie negotiable. they may how-ever, contain words prohibiting transfer of indicating an intention that they should not be transferable." (halsbury's laws of england third edition page 161). 25. under section 13 of the negotiable instruments act a promissory note payable either to order or to bearer is a negotiable instrument. under explanation (1) of that section, a .....
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