Court : Rajasthan
Reported in : AIR1956Raj104
..... can legitimately claim is that if kept in service, his emoluments will not be reduced, and if retired, he will receive compensation or proportionate pension. 20. as a result the petition is allowed, the postings made by notification dated 23-4-1951, ..... reduction. he laid stress on article xvi of the covenant, which guaranteed that the conditions of' service of the former employees of the covenanting states in rajasthan shall not be on less advantageous terms than those on which they had been serving in ..... services and posts in connection with the affairs of the state until provision is made in that behalf by an act of the legislature. it is also not disputed that after the enforcement of the constitution the state public service commission ..... district judge vests in the rajpramukh and the petitioner or anybody else can have no right to such appointment. the petitioner's claim, however, is that the selection to posts of rajasthan judicial service had been made in contravention of the provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1955Raj141; 1955CriLJ1205
..... words by practically all the high courts in india should be accepted as the correct interpretation, and that the decision of their lordships of the privy council in 'jairamdas's case (i)', did not overrule that interpretation.we cannot also fail to point out that if the interpretation given to this provision of section 498 by the high ..... are controlled by section 497. the word 'whether there be an appeal on conviction or not' have been interpreted ay their lordships of the privy council in 'jairamdas's case (i)' as meaning that all accused persons are within the section, whether their case is appeal able on conviction or not, thus giving powers to the high ..... power conferred on the high court and the sessions judge under section 498 is controlled by the provisions of section 497. it may however be mentioned that 'jairamdas's case (i)' was not directly concerned with the question whether the power granted by section 498 to the high court or the sessions judge was controlled by section 497 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj291
..... taken away not because of any breach of condition of any grant under which it was given to the jagirdars, but on payment of compensation. an examination of the act, therefore, clearly shows that this is an act providing for acquisition of jagir lands whatever may be the words used to convey that idea. we are, therefore, of opinion that the ..... is in mallani that bhomichara tenure is found in the former state of marwar. mallani was originally conquered by one malinath. he had a brother biram, and this biram's son rao chundaji was the ancestor of the chiefs of marwar (vide page 13). it further appears from this book at page 14 that there were troubles in this ..... . 6 of 1952 is concerned in february, 1952. the amendment act no. 13 of 1954 was assented to on the 15th of june, 1954, after the bill had been reserved for the president's assent. the procedure prescribed by the constitution for promulgation of laws was followed in both instances. this law will have effect as provided in article 31( .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj269
..... interests of justice so require.' in that case three brothers had a number of properties. one of these properties was acquiredunder the land acquisition act and as it was in the name of one brother only, the compensation money was taken away by that brother. the other brothers sued for refund of their two-third share. the suit was dismissed by the ..... it necessary or desirable to apply the rule to suits relating to land held in common.'13. the strict view taken by the calcutta high court in -- 'rajendra kumar bose's case (a)' was departed from even in that court in --'hemanta kumar v. satish chandra', air 1941 cal 635 (e). mukherjea j. referred to -- 'rajendra kumar bose ..... 's case (a) in his judgment and observed as follows at page 633; 'but even assuming that the present suit, in substance, is one for partition, i do not think that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj65
..... grounds.' 67. the contention in that case was that a certain enactment viz., texas workmen's compensation act was in conflict with the equal protection provision of the 14th amendment inasmuch as employees of the excepted classes only were entitled to certain privileges which were not available to employee of non-excepted classes and that this was so without any reasonable basis for classification. 68 ..... repercussions on another lav; cannot, in our opinion, be a ground for holding the amendment act unconstitutional. it is no one's case that the amendment act is a mala fine piece of legislation passed for the purpose of reducing the income of the landlords so that their compensation may be reduced under the jagirdari resumption law. we find that the amendment is measure .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj158
..... opinion a dismissal of an election petition for default of appearance by the petitioners to the election petition is not contemplated by the scheme of the representation of the people act and the tribunal has been armed with ample powers to make a suitable arrangement for the prosecution of an election petition in case the petitioners for any reason decline to ..... through an advocate shri d.l. bhargava to the effect that shri roop chand did not desire that he should be represented by shri d.m. bhandari and shri b.s. sharma advocates and by that document he withdrew the power of attorney executed in their favour. under the power of attorney executed in favour of shri d.l. bhargava he ..... of them as were desired to be summoned.13. on the 16th february, shri roop chand was not present and his lawyers shri d.m. bhandari and shri b.s. sharma stated that they had no instructions. it was then found that shri mangilal second petitioner had not been served with the notice of hearing and so the case was .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj1
..... be granted to restraint the disturbance of an easement, if the easement is actually disturbed when compensation for such disturbance might be recovered under chapter iv of the easements act, vide section 35, easements act. the case of the plaintiff would, therefore, be governed by s- 33, easements act, and the plaintiff could only be held to be entitled to an injunction in his favour ..... his right to get a light and air has actually caused substantial damage to him.section 33, easements act is as follows:'the owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of an easement or of any right accessory thereto provided that the disturbance has actually caused .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj12
..... side is there to defend it. if he is lucky enough to secure the adjournment without costs, there would at any rate, be delay, for which he cannot be compensated. but if it so happens that the adjournment is refused, and he is forced to rely on one or two witnesses, whom he has brought, while the defendant comes ..... rules should be applied as penal provisions depriving parties of the opportunity of putting forward their defence. we feel, with due respect, that in view of the learned judge's own observations, this case can hardly be treated as an authority for the view which has been contended for on behalf of the applicant.13. the last case in ..... witness for the plaintiff. further, the munsiff refused to permit him to lead evidence on his side. varadachariar j., who referred to the judgment of wallace j. in 'venkatasubbiah's case', air (12) 1925 mad 1274 eventually permitted the defendant to file a written statement as well as to adduce evidence on his behalf. obviously, this case goes much .....
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