Court : Rajasthan
Reported in : AIR1960Raj304
..... and cancel the adoption in the event of his misbehaviour, and that of such misbehaviour there was no lack of proof, the deed of cancellation enumerating such acts of misbehaviour which eventually resulted in a spate of litigation between the adoptive mother and the adopted son.23. we have carefully pondered over the submission of ..... khairatilal in this case for mesne profits during the time he remained in possession under the erroneous decrees of the courts below.on this view, prabhulal's adverse possession which certainly began some time in 1928 should be taken to have continued right up to 1946 notwithstanding the intervening period during which he was ..... , a-1 is 'tibniyatnama'. i am an attesting witness to it...... baghmal, gokulchand, 'siremal' and bahadurmal are its attesting witnesses...... bahadur mal was the son of rajmal's nephew...... gokul chand was the grand-father-in-law of chand. 'siremal' is the father of prabhulal.' (the underlining (here in ' ') is ours.)we further find that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj72
..... the aforesaid amendment act also vests the power of review in the jagir commissioner and khudkasht commissioner for the first time as the legislature ..... this section relates to the revenue board, it undoubtedly gives the board a specific power of review under the act itself but as we have already discussed above, this power on the principle of the full bench decision of this court in harji's case, ilr (1952) 2 raj 162 : (air 1952 raj 132) was already available to it. but ..... in corning to the conclusion that the act of 1955 stands in the same position to the resumption act which is a special act as the act of 1951 stood to the rajasthan protection of tenants ordinance which was also a special act. we, therefore, come to the conclusion by parity of the reasoning adopted in harji's case, ilr (1952) 2 raj 162 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj138
..... legal impossibility, and not merely an impossibility made by an act of the government itself.' in this view of the matter, the learned judge decreed both the suits and passed a decree for rs. 8127/8/- in laxminarain's case and for rs. 11,938/5/- in madanswarup's case. he also allowed costs against the defendant state. ..... currency of the appointment as extended by subsequent orders in council, the parliament of canada abolished the office by repealing the provision which established the board, and no compensation was provided to the member.the appellant filed a petition of right on the ground that there was a contract between him and the crown, which had been ..... i am inevitably led is that the suit contracts stand discharged by the doctrine of frustration also, and the plaintiffs cannot successfully found any action for damages or compensation on that account.24. the result is that i would allow both these appeals, set aside the judgments and decrees of the learned district judge and dismiss .....
Tag this Judgment!Court : Rajasthan
Reported in : (1959)IILLJ810Raj
..... previous approval was a technical breach and the order of dismissal or discharge in such cases need not be interfered with, and any order of compensation in favour of the employee would not be justified. see equitable coal co., ltd. v. algu singh 1958-i l.l.j. 793. again there is authority for ..... the appellate tribunal, as required by section 22 of the act. the labour appellate tribunal found that the dismissal was justified. nevertheless, since the applicant has not obtained the requisite permission under section 22, the labour appellate tribunal held that the employees were entitled to compensation. the employer went in appeal in the supreme court. ..... the provisions of the act: and shall submit its award to the appropriate government.(8) in making that adjudication if the employer's action is justified on merits, then the breach of section 33 may ordinarily be regarded as technical breach and unless there are compelling facts in favour of the employee, compensation for the technical breach .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj1
..... and as such article 144 has no application. with all humility, we may say that this reasoning is not sound. loss of any person's interest in the immovable property may be occasioned by various acts such as trespass by the other party, relinquishment of the right by the owner of such interest, discontinuance of the interest as also by ..... . p-1, which was on 16-1-1919 and 12 years expired from that date, on 17-1-1931. under the jaipur limitation act, 1943, article 148 provided 30 years for a suit for redemption. the plaintiff's suit is within 30 years from 17-1-1931, and is, therefore, within limitation. 24. in the aforesaid discussion, we have taken ..... the mortgagee it would be holding something contrary to the statutory provision of section 59 of the transfer of property act. it was also said that this will set at naught section 49 of the registration act. it is nobody's case that on the day the unregistered mortgage deed is executed and the possession of the property delivered by the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj152
..... be exercised by the collectors within their respective districts. in other words, this notification gave concurrent authority to the collectors to exercise the powers covered by section 10 of the act. a returning officer, namely, the sub-divisional magistrate, pali, was then apparently appointed to take the necessary steps for carrying out the elections of this municipality. accordingly ..... d/-31-7-1957. 8. now before i deal with these cases, let me examine section 19 of the act which provides for a challenge to the validity of elections held under the act by an election petition. as pointed out in tekchand's case ilr (1956) 6 raj 910: (air 1956 raj 185) to which i was a party, the ..... language of section 19 is somewhat unhappy, ill-arranged and obscure, and the grounds on which an election petition can be filed have to be gathered from the various subsections of the act. thus, under section 8 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj25
..... itself may be amenable to a writ of certiorari provided it is a manifest error apparent on the face of the proceedings,71. in r. v. northumberland compensation appeal tribunal; ex parte shaw, 1951-1 kb 711, it was held that certiorari is not a remedy which can be granted only where an inferior tribunal has ..... atkin l. j. (as he then was) :'wherever any body of persons, having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially act in excess of their legal authority, they are subject to the controlling jurisdiction of the kings, bench division exercised in these writs.'22. in rex v. legislative committee of ..... down from the dais, a member pointed out that the mayor could not adjourn the meeting without the consent of the members. the mayor's attention was drawn to section 88 (m) of the hyderabad municipal corporation act (no. 2) of 1956 which, let it be noted, is exactly worded like section 55 of the regulation we have been called .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj17
..... be condoned either as not occasioning any abatement at all one legal representative being already on the record, or by virtue of section 5 of the limitation act? the decision in poonamchand's case (l), wascertainly not directly concerned with circumstances of this character and is clearly distinguishable, in the aforesaid state of authorities, i take the liberty ..... alone and so an application to bring the other legal representatives of the deceased was required to be made within the time permitted by section 177 of the limitation act. an application for this purpose was doubtless made but beyond time, and was rejected, and so the appeal could not but abate against the deceased, bherulal. ..... and in any case, the third son of the deceased could also he brought on the record by giving him the benefit of section 5 of the limitation act the ap-plication whereof could not be resisted in the cir-cumstances. but the question of abatement which has arisen in this case lies in a different combination .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj15
..... required by section 17 or by any provision of the transfer of property act, 1882 to be registered shall (a) affect any immovable property comprised therein, or (b) ..... (c) be received as evidence of any transaction affecting such property..... unless it has ..... to indicate on this record whether the baraskati mortgage was, as a matter of fact extinguished by the document ex. 1, or it stood already extinguished by the act of the parties before this document came to be executed.if the bataskati mortgage was extinguished by this very document i have no hesitation in saying that it did require ..... was compulsorily registrable, i am still of the opinion that it cannot be shut out from evidence as proof of the plaintiff's 'laim for money by virtue of the provisions of section 49 of the registration act. that section in so far as it is material for the purposes of this appeal runs as follows :--'49 no document .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj175; (1959)ILLJ282Raj
..... in force in this area on 1-12-1956. in consequence of that, the applicant had to make contributions under section 22 of that act. it also appears that as that act had come into force, nathuram was paid compensation under it. consequently, the applicant started deducting what had been paid as advance and also the wages for the month of january from ..... of nathuram after he rejoined. thereupon nathuram made an application under section 33a of the industrial disputes act (no. 14 of 1947) hereinafter called the act, to the industrial tribunal which was then seized of a dispute between the applicant and its employees.3. nathuram s complaint was that the applicant was not entitled to deduct what had been paid to him as he .....
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