Court : Rajasthan
Reported in : AIR1965Raj2
..... kanmal ceased to be a yati on his marriage to smt. shanta and succession to kanmal thereafter was governed by the hindu succession act, 1956 and sumerchand not being an heir of kanmal or smt. shanta under the act, is not entitled to succeed to their properties. this objection was upheld by the learned district judge. 4. i have heard the learned ..... , was sumerchand appellant. 6. entrance into a religious order generally operates as a civil death and the provisions of the hindu succession act are not applicable to properties owned by a person who enters a religious order. the hindu succession act contains no provision for succession to such properties. such succession, therefore, continues to be governed by customary law. i accordingly hold .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj5
..... discharging the duties of the superintendent of police when the latter is incapacitated or is absent from headquarters. learned government advocate has further contended that under section 1 of the police act (act no. v of 1861) which had been applied to the state of rajasthan, the words 'district superintendent' and 'district superintendent of police' include any ..... the police. the relevant part of this rule is, as follows:'7. (a) the administration of the police throughout the general police district is under section 4 of the police act 1861, vested in the inspector general. the areas and posts shown in regulations 4 and 5 are controlled by officers as follows: (i) the range ..... of district superintendent of police, either by general or special order of the state government. their lordships of the punjab high court relied on section 23 of the police act which deals with the duties of police officers and held that one of the duties of a police officer is to detect offenders and bring .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj3
..... the terms of the mortgage. this order is also being challenged on behalf of the defendant- it is contended that the writing is admissible under section 17(2)(xi) of the registration act. this writing runs as follows:^^mkslh dqutykyth pheuykythckalokm+k uxkor ykypunth hkojykyth fy[krksa tkgj caoth vijp rekjk edku uh vkm+jgu uh jftlvh :- ..... something external to it. if the agreement is oral, it is hit by proviso 4 to section 92, evidence act, for it 'rescinds' or 'modifies' the contract of mortgage. if it is in writing, it is hit by section 17(1)(b), registration act, for in that case the writing itself 'limits' or ''extinguishes' the liability under the ..... received payments totalling about rs. 2,500/-. so far as this document evidencing the receipt of this payment towards the mortgage is concerned it is admissible under section 17(2)(xi). 8. the defendant should therefore be allowed to prove this document for the above limited purpose. i accordingly allow the revision application in part .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj11; [1965(10)FLR154]
..... payable under an award to the workmen employed by the petitioner in respect of their employment, of work done in such employment. it is also contended that section 15 of the payment of wages act was directly applicable to the case as the petitioner must be deemed to have deducted part of the wages of the workmen or at any event the ..... wages or delay in payment of wages of persons employed or paid in the labour area in beawar. the labour inspector prayed that a direction be issued under section 15(3) of the said act for the payment of rs. 12,63,366.54 or such greater or lesser amount as the authority may find due to the workmen of the mill ..... the workmen was that it was much below the subsistence level. the government of ajmer referred the dispute for adjudication to the industrial tribunal under section 10(1) read with section 12(15) of the industrial disputes act, 1947. these proceedings after a prolonged trial ended on the 7th june 1955 in an award by mr. c. jacob, who was appointed as the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj9
..... session, bhilwara, for trial. before the sessions judge the accused parasram made a preliminary submission that on the facts alleged in the complaint no case under section 466, indian penal code was made out. the sessions judge accepting the submission of the accused has made the present reference.4. in the first instance, ..... within the language of section 466, indian penal code is fallacious and cannot be accepted.5. the acceptance of the main ground of the ..... the expression cannot be associated with the other documents indicated in the section. the committing magistrate in his explanation has properly paraphrased the section and has rightly expressed his disagreement with the sessions judge. the argument of the sessions judge that assuming that the act of the accused amounted to forgery still it did not fall .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj72; 1965CriLJ476
..... 's case, air 1959 raj 124. in rajasthan case the question was about the right of seizure under section 10 of the cattle-trespass act as to how long it continues. it was held that :'the right of seizure under section 10 only extends within the period the cattle are on the land and it ceases afterthey leave such land. ..... temporary period of deprivation or dispossession of the property of another causes loss to the other. that a person will act dishonestly if he temporarily dispossesses another of his property is madie clear by illustrations (b) and (i) of section 378 of the indian penal code.'7. therefore, the taking away of the cattle which have not trespassed and ..... be dishonest and according to the definition of 'dishonestly', in section 24 penal code, the taking may be either with the intention of causing wrongful gain to one person or wrang-ful loss to another. it makes no difference in the accused's guilt that the act was not intended to procure any personal benefit to himself.'the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj38
..... on the question of limitation is palpably and manifestly erroneous and should be quashed being based on an imperfect appreciation of the law contained in section 29 of the limitation act, 4. now section 29(2) of the limitation act, as it stood at the relevant time, clearly laid down that : 'where any special or local law prescribes for any suit, appeal ..... uphold this view as correct. if a suit or an appeal is barred by time, therea is a clear mandate of the legislature in the shape of section 3 of the limitation act that such suit or appeal shall be dismissed, and this consequenca broadly speaking does not depend upon an objection to that effect being raised by the aggrieved ..... to notice for the purposes of the present case. it is also conceded before us that a second appeal in this case would have lain to the board under section 224 of the act, and, therefore, the revisional powers of the board are clearly excluded in a case of this kind.7. the position, therefore, to which we come is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj15
..... to the consideration that the defendant who erected them was only a monthly tenant, it c6uld not be held that they were permanently fastened; therefore, section 17 of the registration act would not apply.13. in khanchand v. nur muhammad, air 1936 lah 242 the question was whether a flour mill which could be removed from ..... of the building to which it was attached. or can it be said within the definition of the expression immovable property as given in section 2(6) of the registration act that the machinery was permanently fastened to something which was attached to the earth. we have given our most careful and anxious consideration ..... this leads us to a discussion of the question as to whether the machinery in the present case fell within the definition of immoveable property. section 2(6) of the indian registration act gives the following inclusive definition of the expression immoveable property:'2(6) 'immoveable property' includes land, buildings, hereditary allowances, rights to ways, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ236
..... ' of the cart and inflicted in-juries upon him. the matter was reported to the police station, bakani and the police registered a case under sections 147, 341 and 452, indian penal code and started investigation. after investigation the police challaned five persons including the petitioner in the court of munsif magistrate ..... is a revision by dalchand against the appellate judgment and order of the additional sessions judge, jhalawar, dated 21st of june, 1963, maintaining his convictions under sections 452 and 323, indian penal code. the petitioner was convicted by the munsif magistrate, jhalawar, by his order dated 31st january, 1963 for these offences ..... , indian penal code and were awarded two months' rigorous imprisonment. tulsiram was also convicted under section 448 but was released in accordance with section 6 of the probation of offenders act. dalchand, gorilal and daulatram sled a joint appeal in the court of additional sessions judge, jhalawar. the additional sessions judge, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj58
..... ultra vires or void on that account. in fact we should go further and say that these rules are designed to carry out the object underlying sub-section (5) of section 116a of the act and that law in its turn legitimately falls within the four walls of article 329 of the constitution. we therefore, reject this objection.10. this brings ..... that the omission to obtain the required attestation was merely a technical defect of an unsubstantial character which should have been disregarded by the returning officer under section 36(4) of the act.their lordships observed that :'when the law enjoins the observance of a particular formality, it cannot be disregarded and the substance of the thing must be ..... as contained in chapter xiva, we are not prepared to accept that in doing so it has in any way violated article 329 of the constitution or section 116a(2) of the act.8. we should like to go further and point out that if the special rules contained in the chapter in question had not been framed, and .....
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