Court : Rajasthan
Reported in : AIR1995Raj117
..... or managed on behalf of all pakistan nationals vested in custodian of an enemy property with immediate effect. thus, after the issuance of the order, the property belonging to the plaintiff-appellant vested in the custodian of the enemy property. the 'enemy property' is defined in section 2(c) of the enemy properties act, 1968, to be any property for the time being belonging to or held or managed on behalf of ..... an enemy, an enemy subject or an enemy firm. section 8 provides for the powers of the custodian in respect of enemy property vested in it. section 8(1)(ii) gives .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj88
..... not cannot be definitely said although the plaintiff has admitted this fact, because shri mohammed c. rehman p. w. 2 who was the controller of enemy firms and enemy trading custodian of enemy property has said that as far as he could see from the records it was not a fact that a penalty was levied against delivery of synthetic ..... richard grasser p. w. 1 who was the swiss trade commissioner for india, burma and ceylon, mohammad c. rehman p. w. 2 who was the controller of enemy firms and enemy trading and custodian of enemy property, a. k. mukherji p. w. 3, who was the under-secretary, central board of revenue, new delhi, gopi-chand, p. w. 4, n.k. ..... performance within the meaning of section 56 of the contract act?17. now for the duration of war, trading with the enemy is prohibited because-'it is now fully established that, the presumed object of war being as much to cripple the enemy's commerce as to capture his property, a declaration of war imports a prohibition of commercial intercourse .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj22; 1977()WLN22
..... time less than the prescriptive period i.e. for less than 12 years, will entitle him, in any case, to recover the property, if he has failed to sue within 6 months under section 9 of the specific relief act. 1877. 14. in khajah enaetoollah v. kishen soondur, (1867) 8 suth wr 386 dwarka-nath mitter j., observed that, 'the ..... lord mac-naghten makes no. distinction between the possession wrongfully obtained or otherwise. their lordships of the supreme court in nair service society v. k. c. alexandar (air 1968 sc 1165) followed the dictum of lord macnaghten in perry v. clissold and reiterated that even after expiry of the period mentioned in section 8 of the specific relief ..... was placed on the observations of the supreme court in nair service society v. k. c. alexander (air 1968 sc 1165). learned counsel drew our attention to the long title of the limitation act 1963 which shows that it is an act to consolidate and amend the law for the limitation of suits, etc. he also relied on the objects and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN103
..... the parties for trading with george lambercier became void and incapable of performance.(f) the fact that the goods, which were first detained by the controller of enemy property, were subsequently released by him on payment of their value into a blocked account could not and did not have the effect of reviving the contract of ..... against payment of the invoice price to him, the effect of such a situation would be to bring about compulsory dissolution of the partnership under section 41, partnership act, 1932, with effect from december 22, 1941, because from that date onwards, it became unlawful for the partners to trade with george lambercier. the compulsory ..... to complete it the partners did not have to have commercial, financial or any other intercourse with george lambercier.27. the argument based on section 23, contract act also, therefore, fails.28. assuming for the sake of argument that it still required the partners to have commercial or financial intercourse with george lambercier in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj200
..... carrier, its liability to deliver the goods will be absolute and it could be excused from such delivery only, if the loss is caused by an act of god or an act of the enemies of the realm. as will be found irom the passage from halsbury's laws of england, quoted above, exemptions by special contract to the general liability ..... custody, he is bound to make good the loss. it was recognised that while a common carrier can limit his liability by special contract signed by the owner of the property or by some duly authorised person in that behalf, the contract being in derogation of common law has to be strictly proved. the relevant observations may be quoted hereunder ..... by private persons or companies, and for regulating the construction and use of works on land so taken) may, by special contract, signed by the owner of such property so delivered as last aforesaid or by some person duly authorized in that behalf by such owner, limit his liability in respect of the same' 12. section 9 provides .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj3182
..... the body of any other person, against any offence affecting him and the second part deals with the property whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which ..... accused person is to prove his. case by a preponderance of probability.49. likewise, in munshi ram v. delhi administration reported in air 1968 sc 702, it was observed on page 703:it is well settled that even if an accused does not plead self-defence it is open ..... questioned ram kunwar for his abnormal behaviour. it is beyond comprehension that in such a situation seeing the enemy firing the gun, a person to save himself instead of finding a way to get out will enter into the field of ..... enemy and question him for the reason of firing. the prosecution version, clearly appears to be after thought to cover .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)183
..... to plough it. section 97 gives a right to defend his own body, and the body of any other person against any offence affecting the human body or the property whether movable or immovable against any offence which is an offence falling under the definition of criminal trespass or an attempt to commit criminal trespass. in view of the ..... pooran, pehalwan, sarnam and arjun are also said to have beaten jaswant. on this thakur prasad and ochhey came to save jaswant when the accused said ochhey was the enemy and they would kill him and similarly the other accused with their respective weapons swords, phrases and lathis started beating him. as a result of the injuries ochhey died. ..... count.4. the appellants harbilas and kaptan were convicted under section 147 but instead of sentencing them they were given the benefit of section 4 of the probation of offenders act.5. all the appellants along with arjun and uttam had been charged under sections 304, 34, 326, 323, 149 and 148 i.p.c. arjun and uttam .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj257
..... section 3 punishable with 14 years' rigorous imprisonment, which is non-bailable. 5. on the question of the construction of the word 'enemy' in section 3 of the act the argument is that pakistan was not enemy of india at the material point of time when the information was collected and, therefore, section 3 was not attracted. in my opinion ..... section 3 liable to be punished with 14 years imprisonment was not made out. pakistan was not an 'enemy' of india until august/september 1965. there was no evidence that any of the accused did any of the acts aforesaid after may 1965. therefore the accused were entitled to be released on bail, he also submitted that ..... this could not have been the intention of legislature. in my opinion, the term 'enemy' in section 3 includes any unfriendly state. under the official secrets act, 1911, of great britain on the pattern of which our act of 1923 has been apparently drafted, the word 'enemy came to be interpreted in the case of r. v. parrott (1913) 8 cri .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... been held in panchapagesa v. kalyansundaram alr 1957 mad. 472, that the registration act unlike the transfer of property act strickes only at documents and not at transactions. in the same way the registration act does not require that a transaction affecting immovable properties should be carried out by a registered instrument. the requirement that a sale of immovable ..... creation of a perpetuity, a contract in restraint of trade, a gaming or wagering contract, or, what is relevant here, the assisting of the king's enemies, are all undoubtedly unlawful things; and you may say that it is because they are contrary to public policy they are unlawful; but it is so because these ..... the state government to specify the rate of tax is unguided. in municipal corporation of delhi v. birla cotton spinning & weaving mills, delhi and anr. : [1968]3scr251 , it was held that where the power is given to a responsible elected body like the municipal corporation to prescribe the rates of tax subject to a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1994Raj213
..... to any person on such conditions as may be prescribed. section 8 excludes the application of transfer of the property act to the tenancies created under section 7 of the act. it also makes conditions framed under the act effective notwithstanding anything to the contrary contained in any rules or law. section 9 provides for rectengularisation of ..... unreasonable. to borrow the words of justice bhagwati from royappa's case, air 1974 sc 555 : (1974 lab ic 427) equality and arbitrariness are sworn enemies. where the act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore, violative of article 14. 37 ..... stage was unfattered with any such condition. the rule is not retrospective in operation. applying the test laid down in air 1953 sc 221 and air 1968 sc 13 such unfattered right to second appeal revision or review which was already vesting in the petitioner when the impugned rules were inserted remained unaffected. the .....
Tag this Judgment!