Court : Rajasthan
Reported in : AIR1962Raj57
..... respondent brought a suit on 27-6-50 for compensation and value of the undelivered goods and the profit of which he was deprived. the company's defence was that the suit was filed beyond the period prescribed in clause 6 of article iii of the carriage of goods by sea act (hereinafter called the act). it was also urged that the suit was ..... that the common question in all the three appeals before their lordships was whether clause 3 of paragraph 6 of article iii of the schedule to the act provided for extinction of right to compensation or whether it was merely a rule of limitation. the learned judge of the madras high court had expressed an opinion that the said clause merely prescribed ..... come within the ambit of order 41, rule 23 and if no express mention is made of this rule, nor it appears that the court has purported to act thereunder. in laxman singh's case, ilr (1953) 3 raj 525 the first appellate court had not referred to order 41, rule 23 in its remand order, nor had it passed any .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj112
..... after the execution of the deed of conveyance in favour of the petitioner, it was not competent for the authorities acting under the displaced persons (compensation and rehabilitation) act, 1954, (act no. 44 of 1954), hereinafter referred to as the act, to set aside the sales and to resume the properties and put them to auction. they have also claimed ..... per sinha, c. j. reaffirmed the statement of law enunciated by the supreme court in election commission india v. saka venkata rao, air 1953 sc 210 and k.s. rashid and son v. income tax investigation commission, air 1954 sc 207. their lordships disapproved the full bench decision of the allahabad high court in maqbulunissa v. ..... of correction to the high court over persons and authorities and these special powers have to be exercised within the limits set for them'.8. in election commission's case, air 1953 sc 210 their lordships had held that the exercise of the power conferred by article 226 was subject to two-fold limitation, namely, (1 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj265
..... officer, was wrong and illegal, and, therefore, the whole inquiry was bad. our attention has been invited in this connection to appendix b to sanjiwa row's indian railways act volume 2 (third edition) at page 1094 and the following pages: the heading is 'procedure' for conducting enquiries under the disciplinary action rules'. the preamble ..... of employeecharged.explanatory notes. this charge sheet is to be used-when the proposed penalty is dismissal/removal from service/reduction in rank except when the employee is convicted by a court of law. the following explanatory notes which should be connected to small numbers in brackets in theblank spaces of the charge ..... , the petitioner again pointed out that the charge of inefficiency against him was vague. he further complained : 'i must place on record that these inimical employees who were brought to the enquiry by the union officials have made statements as tutored which are irrelevant to the charge under investigation, and it is unfortunate .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj250
..... and the documents placed before him, been fully satisfied that banshilal, luhadia had committed an offence under section 5(2) of the act of 1947, we should construe the expression 'governor' as really standing for and meaning the minister in charge of the local self ..... of the cases against him on the 21st august, 1957.18. that being so, section 6 of the act of 1947 is fully attracted in luhadia's case and we cannot but hold that valid sanction was and would be a condition precedent to his prosecution ..... assumes some importance because of the decision of the supreme court in s.a. venkataraman v. the state, air 1958 sc 107 to the effect that before sanction under section 6 of the act of 1947 becomes necessary, it must not only be that the offence ..... under section 5(2) of that act. as already discussed, it is true that such sanction was applied for and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj100
..... be held to have been discovered as void within the meaning of section 65 of the contract act and it must, therefore, be held that the person who received any advantage under such agreement was bound to restore it, or to make compensation for it to the person from whom he received it.in support of this argument, learned ..... the money on failure of payment within the stipulated time, and it was further held that the latter right remained absolutely in the plaintiff, and, therefore,, on the mortgagor's default, it was perfectly competent for him to sue for money. the document in that case was a registered one but is unregistered in the present case. that, however ..... the mortgaged property was not enough to convert this simple mortgage into a usufructuary one, or, to use the phrase of their lordships of the privy council in ramnarain's case, air 1916 pc 119 (supra) there was nothing in the nature and the terms of the security offered in the present case whereby the personal liability undertaken .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj162
..... not be detected by the use of reasonable diligence and ordinary prudence, the fact must be such as to lead to the conclusion that it was impossible for the railway employees at luckysarai to detect and prevent the practice of such fraud.'it was further observed by him that: 'i find it difficult to believe that the writingon the spurious ..... layman on a proper scrutiny. in the result, the trial judge recorded a definite conclusion that the suit goods were lost on account of the mis-delivery and the defendants' employees did not take due care as was required of them to take. issue no. 2 was thus decided against the defendants.7. issue no. 3 was also decided by ..... property in the goods never passed to him under section 25, sale of goods act; and (4) as the property in the goods never passed from p to s, p alone was entitled to sue the railway for compensation for loss of the goods represented by the railway receipt because he alone had entered into the contract of carriage with the railway .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj119
..... possibilities of cancellation of patta in consequence of adverse appellate! decisions, and, (v) provisions for the recovery of fees and penalties under the public demands recovery act before the issue of patta, a patta cannot invariably be taken as a title deed or a document creating rights in respect of immovable land. in the ..... ulfat-un-nisa, was a married woman, and therefore was disqualified under section 457 of the code from being appointed guardian for the suit, and mauladad's interest was obviously adverse to that of the minor.' for a proper appreciation of the implications of these observations, we must not ignore the circumstances under which ..... next friend. the plaintiff-respondents filed cross-objections before the district judge in respect of mesne profits. the district judge, pali, partially accepted the defendant's appeal and disallowed the plaintiffs' claim for dispossession in respect of portion of the land marked abxy covered by the latrine. the remaining decree in favour of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj212
..... february, 1953, was rs. 14 /2/6 per maund as alleged by them. 19. taking up the first point, section 221 of the contract act reads as follows : '221. agent's lien on principal's property. in the absence of any contract to the contrary, an agent is entitled to retain goods, papers and other property, whether movable or immovable, ..... of the goods purchased by him for his principal has been placed on par with that of an unpaid seller for the purposes of chapter v of the aforesaid act. then section 46 lays down that an unpaid seller, notwithstanding that the property in the goods may have passed to the buyer, has by implication of law, ..... fallen into a grave error of law when he thoughtthat this was not corroboration of the entriesappearing in the plaintiff's account books againstthe defendant. it may be pointed out at thisplace that section 34 of the evidence act does notrequire any particular form of corroborativeevidence, and that where in a suit the plaintiffproduces books of accounts and a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj198
..... he neglected to discharge and the persons injured by the failure to discharge are dhansingh yadav and ramdayal sakarwal and, therefore, they are entitled to receive the same compensation from badri parsad who is, in default as if badri parsad had contracted to discharge it and had broken his contract. the learned counsel for the respondent ..... postal department to whom repayment under the provisions of section 72 had to be made and not its employees. the learned civil judge was right when he held that the principle enunciated in section 72 of the indian contract act was applicable regardless of the fact whether a privity of contract did or did not exist between the ..... been made for the recovery of this excess amount through the collector, bhilwara and this apparently occasioned resentment in the mind of badri parsad, who sent a lawyer's notice dated 27th may, 1952 (ex. a. 5) accusing the postal department of carelessness in the encashment of the 5 years cash certificates and pleaded his bona .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj99
..... of the election has been materially affected inter alia because respondents nos. 1 and 2 received votes which were void and because the provisions of the representation of the people act, 1951 and the rules and orders made thereunder were not complied with (para 8).(2) the returning officer himself did not discharge the duty of rejecting the ballot ..... as in the present case.11. on behalf of the petitioner reliance was placed on the observations made by their lordships of the supreme court in venkateswaran v. r. s. wadhwani, air 1961 sc 1506 that the wide proposition that the existence of an alternative remedy is a bar to the entertainment of a petition under article 226 of ..... rendering the proceedings infructuous. a signal example of a case of this kind is to be found in the decision reported in bhikaji keshao joshi v. brijlal nandlal biyani, (s) air 1955 sc 610. it is to remedy this defect that the legislature has now amended the law by providing a right of appeal against a decision of the .....
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