Court : Rajasthan
Decided on : Jan-10-1977
Reported in : AIR1978Raj22; 1977()WLN22
..... the plaintiff and not of adverse possession of the defendant, the question of limitation in one sense becomes the question of title, because by virtue of section 28, limitation act, if the claim is barred by time, the title must be deemed to be extinguished.' the dictum of sulernan c. j., has been approved of ..... (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 act, 1963, a suit based on possessory title was maintainable and in such a suit the plaintiff .need not prove his title, stating :-- 'it cannot ..... the court must administer the law. and drafting his plaint in a manner which disguises the real nature of the suit will not help a plaintiff. in (1884) ilr 10 cal 374 (gopal chunder v. nilmony mitter), garth c. j., pointed out that a mere allegation of a tenancy will not relieve a ..... in possession of the suit house i.e., at any time from 17-4-1946 to 6-1-1961, the date of the alleged sale in their favour, or that they had been wrongfully dispossessed therefrom in june 1963. the ..... a licensee of the plaintiffs. they pleaded that they had been in adverse possession for more than 12 years, and that the suit was barred by limitation. 4. the court of first instance found that the plaintiffs had failed to prove that they or their predecessors-in-title viz. tormal and others, were placed .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-27-1977
Reported in : AIR1978Raj8
..... state transport undertaking to that effect. as a matter of fact, there has been an amendment in the said act by state act no. 10 of 1974, which has added sub-section 68 (1-aa) to section 68-f, which provides that where state transport undertaking applies for grant of temporary permit in respect of any route ..... a temporary permit to be granted to the state transport undertaking in respect of a route for which a scheme has been published under section 68-c of the act. i therefore do not see how any objection can be made to respondent no. 2 being granted temporary permit on the route from ..... 1977.2. a scheme for the route from neem-ka-thana to kotputli has been approved and notified under section 68-d (3) of the motor vehicles act (hereinafter referred to as 'the act'). another draft scheme under section 68-c has been prepared for the route -- kotputli to alwar. the said scheme has not yet been ..... i, therefore, see no reason to hold sub-section (1-aa) to section 68-f to be void.4. so far as the route from kotputli to alwar, in respect of which draft scheme has been published, is concerned, sub-section (1-a) of section 68-f of the act specifically provides for the grant of tem-porary permit ..... in respect of any area or portion for which the scheme has been published under section .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-31-1977
Reported in : 1977WLN598
..... upon them to appear on a specified date and time and put in their written statement in support of their claims of actual possession. sub section (4) of section 145 cr. p.c. provides that the executive magistrate after reading the written statements so put in, and hearing the parties and their evidence ..... in volume ii of the corpus juris secundum at page 85 it is mentioned that:interlocutory: not final, provisional, temporary. the term is opposed into definitive and has been contrasted with final.in jethanand and sons v. state of uttar pradesh 1961 sc 794, the supreme court has observed:an order is ..... shall pass an order under sub-section (6) of section 145 cr. p.c. declaring and maintaining possession, of that party, who, in his decision, was in actual possession or who was dispossessed ..... in s. kuppusami rao vs the king. air 1949 fc 1, the federal court held that the expression 'final order' occurring in section 205(1) of the government of india act, 1935, means an order which finally determines the points in dispute and brings his case to an end. again in mohammed amin ..... in support of the view that art order is final within the meaning of article 133 of the constitution, under section 109 code of civil procedure or section 205 of the govt, of india act, 1935, if it amounts to final decision on the rights of the parties in dispute in the suit or proceeding .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-27-1977
Reported in : AIR1977Raj238; 1977()WLN51
..... passed by a revenue court was triable by a civil court. it is however important to note that the decision by modi j. was given on a definite finding that the substance of the suit was for possession of the agricultural land on the basis that the plaintiffs were tenants.5. next case referred was rooda ..... but by a revenue court 3. with regard to the point of court-fees the trial court has held that it is a question of fact and no definite finding can be given in the absence of clear averment until the written statement is filed and evidence has been recorded. it has opined that it is ..... relief could be granted in the suit to the plaintiff.15. the learned counsel for the petitioner seeks to place much reliance on the explanation to section 207 of the tenancy act by urging that even in cases in which the cause of action is one in respect of which relief might be granted by revenue court, ..... must be on the footing that they are owners of the land and this they cannot prove unless they first have the said sale-deeds cancelled. section 19 of the contract act provides that when consent to an agreement is caused by fraud or misrepresentation, the agreement is a contract voidable at the option of the party ..... this finding, of course it is open to the petitioner to raise the objection on the basis of section 38 of the court-fees act before the trial court as the said question has yet to be decided by it.4. with regard to the second point the trial court has taken the view that it is cognizable by .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-10-1977
Reported in : 1977WLN(UC)183
..... count and 6 months on the second 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 ..... 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 finding of the trial court that the land on which jaswant. ..... to be established and the only criticism is that it has been exceeded then each individual accused can only be liable for the specific act and the applicability of sections 34 and 149 cannot be invoked by the prosecution vide a.i.r. 1970 sc 27.11. in order to deny the right ..... property the question of forming an unlawful assembly for the purpose of committing an offence hardly arises. in that view the conviction of the accused under section 147 and 148 ipc cannot be sustained and is set aside.21. as a result of the above the charges against the accused fail and ..... trespass has been committed by the complainant the accused should instead of trying to exercise their right of private defence of property given to them by section 97 proceed to enter into a time consuming litigation either civil or criminal. if the right of private defence of property is to be so .....
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1977
Reported in : AIR1977Raj165; 1977()WLN294
..... the work was carried out under government supervision, and the completion certificates are dated 1st march and 1st september 1881. the suit was brought on 25th january 1884 and is in time.'18. in radha kishan v. basantlal. 22 ind gas 576 : (air 1914 lah 250) the suit was one for recovery of ..... . with his usual fairness. shri shishodia, learned additional government advocate frankly conceded that the plaintiff's claim for extra work fell within article 120 of the limitation act and, therefore, was not barred by limitation, in view of the decision of their lordships in gannon dunker'ey & co. ltd v. union of india ..... and shall not preclude requiring of a bad, unsound, imperfect or unskilful work to be removed or taken away, and reconstructed or re-erected. (iv) the final bill shall be submitted by the contractor within one month of the date fixed for the completion of the work otherwise the engineer-in- ..... sitapur (air 1928 oudh 297), cantonment board, allahabad v. (firm) hazari lal ganga prasad (air 1934 all 436), abdul ah v. mr. f. von goldstein, ((1909) 4 ind cas 902) (lah), zilla partshad (district board) v. smt. shanti devi (air 1965 all 590) (fb), subbaraju v. village panchayat (air 1965 andh pra 186) ..... deepening of the waste-weir involved extra work. the work was completed on 7-1-1958. the plaintiff submitted his final bill on 22-9-1960.4. the plaintiff alleges that the 'g' schedule was prepared without any trial bore and on the assumption that the soil was soft and only required .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-04-1977
Reported in : AIR1978Raj16
..... . dala son of amarji and bhimji son of lalji is that the appeal abates in its entirety. it is against this order that the present writ petition has been filed.4. there is no dispute about the order of july 21, 1971 by which it was held that the appeal shall abate so far as the deceased appellants-defendants were concerned .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-08-1977
Reported in : 1977WLN(UC)78
..... of 'iron and steel' and therefore the legislature had to amend the section.6. the question depends on the construction of entry no. 23. this does, in our opinion, give rise to a question of law.7 ..... order. in revision the board of revenue, however, accepted the contention of the assessee, and held that galvanised corrugated sheets are nothing but 'iron and steel', and fall within the definition of the iron sheets for galvanisation and corrugation, of the iron sheets do not change the basic structure of iron sheets from which die galvanised sheets are manufactured.3. the ..... anr. (1973) 33 sales tax cases 322.5. we may here point out that the corresponding entry of declared goods of special importance in inter-state trade or commerce in section 14(iv) of the central sales tax act, 1956, as it stood prior to 1st april, 1971, was identically the same as entry no. 23 here. thereafter, the central sales tax ..... . section 14(iv) as now amended, inserts a new clause (vi) which reads.-(vi) sheets, hoops, strips and skelp, both black and galvanised, hot and cold rolled, plain and corrugated, in all qualities, in straight lengths and in coil form, as rolled and in rivetted condition.this does lend support to the contention that galvanised corrugated sheets were not included within the definition .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-21-1977
Reported in : AIR1978Raj14; 1977()WLN630
..... could, at the time when the issues were framed, no plea of comparative hardship was incorporated in the pleadings.12. section 14 (2) of the rajasthan premises (control of rent and eviction) act, 1950 was incorporated by the ordinance of 1975 with retrospective effect. it was contended that by means of a legal ..... further held that in view of the express provision contained in order 41, rule 25, c. p. c., this court cannot have recourse to inherent powers under section 151, c. p. c. in lal chand goyal v. jeet raj tatia, 1977 wln (uc) 53, an issue of comparative hardship was framed, and ..... held that after coming into force of the new amending ordinance of 1975, a decree for eviction on the ground of reasonable and bona fide necessity under section 13 (1) (h) can only be passed if the court is satisfied that greater hardship would be caused to the landlord by refusing to pass ..... to the trial court with the direction that an additional issue may be framed keeping in view the amendment in section 14(2) of the rajasthan premises (control of rent and eviction) act, made by the ordinance of 1975, whereby the question of comparative hardship had to be investigated and decided. it ..... contended that the learned lower appellate court has committed a grave illegality in law in setting aside the judgment and decrea of the learned trial court.4. the learned counsel for the plaintiffs-respondents has contended that the lower appellate court did not commit any illegality in law in setting aside the judgment .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-11-1977
Reported in : 1977WLN(UC)32
..... may note that by a notification of 1st april, 1973, the oil seed has been defined to mean as defined in clause (vi) of section 14 of the central sales tax act, 1956. the definition in the central act says 'oil seeds' that is to say and then goes on to detail a list of 20 items. it is relevant to note that 'suwa ..... nor from the botanical point of view but as understood in common parlance. it has not been defined in the act and being a word of every day use it must be construed in ..... the notifications referred to above or in the act. in absence of any such definition we must therefore give it a meaning which is commonly understood by a man in the street. as said by the supreme court in ramavatar v. assistant sales tax officer : [1962]1scr279 .4. the word if there is no definition given must be construed not in any technical sense ..... rates as may be notified by the state government. the assessment period in the present case related to 1-4-64 to 31-3-66. in exercise of powers under section 5 of the act the government of rajasthan issued a notification no. f. 5(4)f.d. (r&t;)/63-x dated 2-3-63 providing the rate of sales tax payable by .....
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