Court : Rajasthan
Reported in : AIR1969Raj155
..... void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it.'the obligation for restitution dealt with in the section applies therefore to all agreements which are discovered ..... the permit to the two partners in proportion to their respective shares without the permission of the concerned transport authority under section 59 of the motor vehicles act and conferred on the plaintiff also the right to use the vehicle on the route authorised by the permit. the agreement therefore clearly violated the provisions of ..... bai : [1968]1scr805 . in that case radha bai, the plaintiff, entrusted some jewellery to her brother lachhmi narain, father of the defendant. after lachhmi narain's death, the plaintiff asked for the return of the jewellery. the claim was resisted by the defendant and it was contended that because on the plaintiffs own showing the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj149
..... case of the hearing of an objection to the grant of a stage carriage permit or of a public carrier's permit and in the case of the hearing of a representation under sub-section (6) of section 57 of the act, the state or a regional transport authority, as the case may be, may decide any matter without holding a meeting ..... fix the time-table. it cannot be taken that the division bench approved of the view taken in kishorilal's case, air 1962 madh pra 7, that the regional transport authority must act in a quasi judicial manner in fixing the timetable.28. there is yet another unreported case of this court civil writ no. 107 of 1967 (raj), hazarilal radhey ..... did not in any way affect the substance of the position. in this he did not agree with the view expressed by vaidialingam j. in thomas's case that although timings assigned to a permit holder did not constitute conditions of his permit under the act as it stood before its amendment, they became one such condition after it was amended by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj212; 1968()WLN83
..... , to start with, for seeing whether there existed no standard for ascertaining the actual damage caused for the non-performance of the act agreed to be done or if the act was such that compensation in money or its non-performance would not afford adequate relief. he should have also borne in mind the provisions of section 41 ..... was prepared to deliver the goods, but the board was refusing for no reason, to accept the delivery and the company's material was blocked and so was the money and as the damages cannot be adequately compensated, the balance of convenience was in favour of the company. 5. in assailing this order it was contended by mr ..... thought that a huge quantity to the extent of 9000 kilometers was manufactured specially for the board according to their particular specifications. now, according to the company's own application for grant of a temporary injunction it had manufactured conductors worth about rupees four lacs only, though it was added that it had necessary raw material .....
Tag this Judgment!Court : Rajasthan
Reported in : (1970)ILLJ576Raj; 1968()WLN109
..... out. sub-clause (c) of clause (2) expressly refers to rules 215 to 226 of the rajasthan services rules; rule 215 lays down conditions for grant of compensation pension. it provides that if a government servant is selected for discharge owing to the abolition of his permanent post, he shall either be appointed to another post the ..... servant to service paid from a panchayat samiti/zila parishad fund constituted under the rajasthan panchayat samitis and zila parishads act, 1959. nobody has even pretended that before placing the services of the petitioner or other such employees anybody had taken their consent for such a transfer. the government could not be taken to be unmindful of the ..... of such deputations are also laid down therein. i have already made a reference to rule 18 of the rajasthan service rules. it provided that a government servant's lien on a post may in no circumstances be terminated, even with his consent if the result will be to leave him without a lien or a suspended .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj270; 1968()WLN253
..... only in cases where the subordinate court has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity that the revisional jurisdiction of the high court can be properly invoked.'the finding arrived at by the learned ..... and recognises the rule that a decree for sale does not extinguish the equity of redemption until the sale is confirmed.12. under section 89 of the transfer of property act the defendant could pay the amount to the plaintiff or into court. under sub-rule (1) of the present rule the payment is to be made into court. ..... ex. 5. on this latter date, court-fee stamps of rs. 412/9, and rs. 330 plus rs. 63-2-3, for compensation to be paid to the auction-purchaser, were deposited in the court. on this, the court dismissed the judgment-debtor's application under order xxi, rule 90 but allowed the other application dated 20th february, 1954, purporting to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj36
..... balance of the goodwill money then outstanding as shown in its books together with an additional sum calculated at 10% of such valuation as compensation for compulsory acquisition.'16. the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative ..... -shell petrol and motor and lubricating oils, kerosene oils, shell-tax grease diesel oils, automobiles, spare parts dunlop tyres and tubes batteries and simp-son's charcoal gas producer plants and also all other business which at present is being carried by the said bundi petrol and automobile supply agency and in consideration ..... grant of monopoly rights. mr. bhargava went a step further and submitted that the state was estopped from challenging the position stated in the aforesaid chairman's report. all that we need mention is that the report of the chairman of the board of directors referred to above undoubtedly supports the stand taken by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj111
..... cases under the workmen's compensation act a distinction must i think, always be drawn between the doing of a thing recklessly or negligently which the workman is employed to do, and the doing of a thing altogether outside and unconnected with his employment peril which arises from the negligent or reckless manner in which an employee does the work he ..... of the law by making added peril a sole test and therefrom a settled and conclusive category of cases which are excluded from the 'remedial' operation of the workmen's compensation act. granted an extra hazard, it is not enough to dub it an added peril and to follow me cases; the true inquiry may be only beginning. on ..... v. copper, 1929 ac 570. 7. in order to appreciate the argument it would be useful to reproduce the relevant parts of section 3 of the workmen's compensation act (hereinafter called the act.) '3 (1). if personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj265; 1969()WLN326
..... employees employed in an employment specified in parts i and ii of the schedule of that act. a procedure has also been provided therein for the appropriate government to arrive at the minimum wages to be fixed thereunder.9. section 20 of this act provides: '(1) the appropriate government may, by notification in the official gazette appoint any commissioner for workmen's compensation ..... the minimum wages fixed by the government.mr. gupta argued that according to this notification the wages of the employees of the petitioner calculated at the rates fixed under the minimum wages act became payable to them from the date the said notification was issued by the government and if the employer ( ..... inspector in this particular case falls in the latter category. by making such a claim before an authority under the act the inspector virtually wants the authority first to adjudicate that the employees were entitled to get the minimum wages and then to pass an order for the payment of such potential wages .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj84; 1969()WLN519
..... before this court that the lands were transferred by the settle-ment-cum-managing officer, ganaganatfar to the petitioners under section 12 of the displaced persons (compensation & rehabilitation) act, 1954. it is also not the case of the respondents that before the lands were put to auction by the secretary, mandi development board, the ..... is that the possession of the disputed lands was transferred in due course of law and as such a suit under section 9 of the specific relief act was not maintainable.mr. agarwal further urged that the secretary, mandi development board, hanumangarh, was an agent of the government while discharging his duties under ..... the ground that the learned senior civil judge while dismissing the petitioners' suit did not correctly appreciate the scope of section 9 of the specific relief act and has erroneously held that since the petitioners have been dispossessed under the orders of the secretary, mandi development board, hanumangarh, their dispossession should be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj24
..... be pointed out, however, that the term used in article 115 and article 116 is not damages but compensation, which also occurs in section 73 of the indian contract act. as lord esher observed in dixon v. calcraft, (1892) 1 qb 458, the expression 'compensation' is not ordinarily used as an equivalent to damages, although as remarked by fry, l. j. in skinners ..... on behalf of the plaintiff in its appeal is that the trial court was wrong in holding that the plaintiff's suit for the recovery of rs. 48,000/- and interest thereon was barred by limitation to the extent of rs. 24,000/-.5. before we deal with the respective contentions ..... pointed out that the phoolsagar palace has become the personal property of the former ruler of the bundi state since 24-8-49. the last argument is that the plaintiff's suit is barred by limitation so far as the amount of rs. 6,000/- out of the decretal amount of rs. 24,000/- is concerned.4. the argument addressed .....
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