Court : Rajasthan
Reported in : AIR1964Raj40
..... inter alia stated in its last paragraph that it was under section 77 of the railways act. this paragraph reads as follows : -- 'you are hereby given notice under section 77 of the indian railways act to arrange the payment of rs. 1497/8/- as compensation otherwise legal steps will be taken against the railway administration, after the expiry of 2 ..... or was intended to be given under section 80 civil procedure code and therefore, there was a complete want of notice under that section and that defect was fatal to the plaintiff's suit and the courts below were, therefore, perfectly justified in throwing out his claim. 10. now before we proceed further, we may state that we are fully ..... the legal position that section 80 is mandatory and that its requirements must be properly fulfilled and if they are not, the courts must throw out the plaintiff's suit on that ground alone. such a notice must be given to the competent authority which in this case was the general manager of the railway and the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj127
..... seers. a shortage certificate was obtained from the railway official concerned at marwar pali. notices dated 21-12-55 under section 77 of the indian railways act were sent claiming compensation for short delivery. the eastern, northern and western railways over which the consignment travelled did not settle the claim and the consignee firm, therefore, ..... or destruction or deterioration of the goods and the consequent loss to the owner thereof. if because of negligence or inadvertence or even wrongful act on the part of the employees of the railway administration goods entrusted for carriage are lost, destroyed or deteriorated, the railway administration is guilty of failing to take the degree ..... the circumstances of this case. he further held that the notice served under section 80 of the code of civil procedure was proper and accordingly decreed the plaintiff's case for the sum of rs. 364/4/- with costs. it is against this judgment and decree that the union of india has come up in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj126
..... case on which learned counsel relied was b.m. ramaswamy v. b. m. krishnamurthy, reported at page 511 of the doabia's election cases, 1962. this was a case under the mysore village panchayats and local boards act, 1959 (mysore act no. 10 of 1959). the contest in this case was that the inclusion of the name of the successful candidate in the ..... relevant law for the time being in force, be qualified to be elected as a member of the panchayat. the disqualifications were laid down in section 11 of the act, and it was no one's case that the candidate suffered from any of these disqualifications. apart from that, it was found that there was no provision in the ..... appellant or as to his age would be relevant under sub-section (5) of section 32 of the evidence act. there is abundant authority for the proposition that the statement of a deceased competent person is admissible to prove a person's date of birth with whom the deceased may be connected by a special tie of relationship by blood, marriage .....
Tag this Judgment!Court : Rajasthan
Reported in : [1964]51ITR533(Raj)
..... not encroach upon cultivable land or bapi holdings within the leased area unless with the previous permission of the director of mines and geology and on payment of necessary compensation to the holder of such land as determined by that officer, and, further, that on expiry or sooner determination of the lease, the lessee shall remove ..... or on bapi holdings in connection with the contract, they would have to obtain the permission of the mines department of the state for such encroachment and pay compensation to the holders of the lands intended to be encroached upon, as determined by the government. under clause (2) it was provided that lime prepared in the ..... year were revenue expenditure allowable under section 10 (2) (xv) of the hyderabad income-tax act which exactly corresponds to section 10 (2) (xv) of the indian income-tax act. it was held by the majority of their lordships (kapoor and hidayatullah jj., s. k. das j. dissenting) that the assessee acquired by his long term lease the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1329
..... been enacted to enable the magistrate to recover the fine imposed by him, or other authorities to realise the claims of compensation or other expenses for the recovery of which no special provision has been made in the said act.13. in view of what has been discussed above, i am of the opinion that the learned magistrate had no ..... of section 58 of the bihar waqfs act, (8 of 1948) for not discharging the obligation enjoined upon him as a 'mutawalli' and, therefore, ..... got to be considered in view of the special provision of section 265 (2) of the rajasthan municipalities act.10. learned asstt. govt. advocate in support of this argument has cited a supreme court case in bashiruddin ashraf v. state of bihar, (s) air 1957 sc 645. in that case a 'mutawalli' was charged for the violation of the provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj98
..... the various sections enumerated above and in its own way each topic can be treated as a special provision, if shri lodha's argument were to be accepted, and we can eliminate almost every provision of the act by characterising it as a special provision vis-a-vis section 300. to our mind the only proper way to reconcile the ..... of section 115 of the civil procedure code. in a case involving consideration of the provisions of rangoon rent act, wherein a decision given under section 18 of that act was declared to be final, the full bench of the rangoon high court observed, mohamed ebrahim molla v. s. r. jandass, air 1923 rang 94 (fb), as follows:'as regards the 1st judge of ..... the court of small. causes, he also acts as a judicial tribunal to revise the order of the controller. in disposing of references he is directed by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj115
..... otherwise provided in this chapter the specific performance of any contract may in the discretion of the court be enforced- (c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; explanation--unless and until the contrary is proved, the court shall presume that the breach ..... to lead to multiplicity of proceedings as the other defendant would, in that case, have sued for realisation of the price from the vendor. according to mr. s. k. m. lodha, these are good grounds and the discretion already exercised should not be interfered with. it has also been argued that defendant ranglal having purchased ..... notice of the earlier contract for the sale of the property to the plaintiff.24. for the above reasons, the appeal is allowed and the plaintiff's suit decreed for specific predominance of the contract for sale between vendor nathulal and the plaintiff and the subsequenttransferee ranglal is directed to join in the conveyance .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj210; 1965CriLJ681
..... non-petitioners nos. 1 and 2 were the administrator of the municipal council and commissioner of the municipal council, ajmer respectively. it is also clear that the acts complained of were alleged to have been committed by the employees of the municipal council, ajmer. having regard to the above orders of the administrator in pursuance of which the ..... objection at subsequent stage of the proceedings. this is settled beyond controversy by a decision of the supreme court in matajog dobey v. h.c. bhari, (s) air 1956 s c 44 that whether sanction for prosecution of any accused is necessary or not can be decided by the court at any stage during the trial. the decision ..... obtained from the central or state government concerned as the case may be. as observed by the supreme court in h.n. rishbud v. state of delhi, (s) air 1955 s c 196. 'it is one of those sections which regulates the competence of the court and bars its jurisdiction in certain cases excepting in compliance therewith.' this being .....
Tag this Judgment!Court : Rajasthan
Reported in : (1966)ILLJ381Raj
..... observed by their lordships: 'it is clear that the employee's claim against his employer which can form the subject-matter of an enquiry under section 17 must relate to compensation awardable under section 4 of the act, gratuity awardable under section 5 of the act, or wages claimable under the decision of the wage board ..... , if the employee wishes to make any other claim against his employer, that would not ..... act. they, therefore, claimed retrenchment compensation and one month's notice pay. the applications were opposed before the labour court by the board on the ground that the labour court had no jurisdiction to deal with the matter as the services of the respondents were terminated as a matter of general policy for the reason that they were old and infirm employees .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj213; (1965)IILLJ83Raj
..... the period prior to 15th may 1954, but it is urged that in view of the provisions of section 25fff read with section 25f of the act, the workmen were entitled to compensation equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of six months and that the tribunal had ..... cement companties ltd. v. their workmen, air 1960 s c 56, it was observed by their lordships of the supreme court that 'the right of workmen to lay-off compensation under chapter va is obviously designed to relieve the hardship caused by unemployment due to no fault of the employee, involuntary unemployment also causes dislocation of trade and may ..... therefore look at the scheme of the law which the court is required to interpret in the present case. section 25b, which was introduced in chapter va of the act by act no. 43 of 1953 and which came into force on 24th october, 1953, gave the definition of 'year of continuous service' as follows : 'section 25b--definition .....
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