Court : Rajasthan
Reported in : AIR1965Raj184
..... or 2. rent from agricultural land, in case he belongs to any of the categories mentioned in clauses (a) to (h) of sub-section (1) of section 46 of the rajasthan tenancy act, 1955 (rajasthan act 3 of 1955), and includes a person who ordinarily engages in agricultural labour or who works as an agricultural artisan;' from this definition it will ..... are commenced at the instance of a debtor who is an agriculturist and he is required to file an application in accordance with section 6 of the act. section 7 provides that when an application under section 6 is admitted, notice shall be issued to all creditors of the debtor and the debt relief court shall fix a date ..... tune of about rs, 20,000/-. respondent no. 2, specified r.b. moolchand nemichand and the state of rajasthan as his creditors in his application under section 6 of the act. the creditors joined issue and contested the claim made by shri sohan chand that he was an agriculturist. accordingly the debt relief court framed an issue whether .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj169
..... , therefore, the standard rent could not be fixed below the figure of rs. 60/- per mensem, which according to him, was the basic rent within the meaning of section 6 (2) of the act. this plea was repelled by the trial court which held, that the agreed rent was excessive and consequently it was fixed at rs. 40/- per mensem. the landlord ..... , and where they have been let out after the 1st of january, 1948, and thus fall within the ambit of the first proviso to sub-section. (2) of section 6 of the act.10. for the reasons mentioned above, our answer to the question referred to us is this : in cases of premises let out after 1-1-1946 the standard rent cannot ..... by a learned single judge and the question referred to us as arising out of the first proviso to sub-section. (2) of section 6 of the rajasthan premises (control of rent and eviction, act, 1950 (act no. 17 of 1950) (hereinafter called the act) has been formulated as follows :'in cases of premises first let out after 1-1-48 can the standard .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj18; [1966]17STC235(Raj)
..... goods belonging to his principal with his authority and consent and without disclosing to the buyer the name of the owner. the exemption envisaged under section 4 sub-section (2) of the act before us operates only in respect of known principals whose names have been specified in the accounts of the agent. the circumstances of this case ..... -mentioned notification:'jaipur, april 14, 1955. no. f. 21 (7) sr/55: in exercise of the powers conferred by sub-section (2) of section 4 of the rajasthan sales tax act, 1954 (rajasthan act xxix of 1954), the government of rajasthan being of the opinion that it is expedient in the public interest to do so, is ..... and add of hydrogenated vegetable edible oils belonging to the assessee effected in the year 1955 by his commission agent m/s. peerdan premchand (exempted under section 4 (2) of the act) is chargeable from the assessee, who as a dealer effected the sale thereof through his exempted commission agent.8. this reference is, therefore, answeredas above .....
Tag this Judgment!Court : Rajasthan
Reported in : 1965CriLJ702
..... only looked into by the court and not of its ownership. ex. p. 9 is therefore, relevant and can be droved against bhanwarlal as his admission under section 21 of the evidence act. in view of the aforesaid admission of bhanwarlal contained in ex. p. 9, it will have to be held that the ornaments which madhodass had given to ..... melted gold ingots of the stolen property were disposed of by them. only their say, in the absence of any entry in their record is untenable. under section 114 of evidence act the presumption would be that of the recovered gold ingots and the melted gold of the stolen property.with regard to the gold ingot recovered from bhanwarlal the ..... and says that it is not admissible against bhanwarlal under any pro. vision of the indian evidence act. he however, admits that ex p. 16 would have been admissible against madhodass as his admission under section 18 or 21 of the evidence act but not against bhanwarlal because at the time the statement was made by him he had no interest .....
Tag this Judgment!Court : Rajasthan
Reported in : (1966)ILLJ381Raj
..... the benefit within the meaning of sub-section (2) of section 33c of the act? in our opinion, the observations of their lordships of the supreme court do not go so far as to lead to the conclusion that ..... industrial dispute. also their lordships dealt with the question whether in such a contingency the cessation of employment will fall within the meaning of section 2(oo) and section 25f of the act. their lordships were pleased to lay down as follows: 'retrenchment connotes in its ordinary acceptation that the business itself is being continued but ..... whether an employee whose services have been retrenched without payment of compensation and who does not want to be reinstated could approach the labour court under section 33c of the act for a proper determination of his retrenchment benefits namely, retrenchment compensation. in other words, could the workman be said to be entitled to receive .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj188
..... be the powers conferred on an interim receiver, the property of the debtor does not vest in him as it does in a receiver appointed after adjudication under section 58 of the act and, therefore, his appointment has not the same effect as the appointment of an official receiver after the order of adjudication. 13. with respect, we agree ..... property and the executing court was powerless to attach the same. 8. the answer to this question, in our opinion, is clearly furnished by section 20 of the provincial insolvency act, 1920 (act no. v of 1920). this section reads as follows :-- 'the court when making an order admitting the petition may, and where the debtor is the petitioner ordinarily shall, appoint ..... has not a present right so to remove. 9. viewed in this perspective, we are definitely of the opinion that an interim receiver appointed by the court under section 20 of the act does not stand on the same footing as a receiver appointed at the time, or, after the order, of adjudication under .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1062
..... be aware and conscious of the legal position and who have facilities for proper legal assistance can hardly be encouraged or countenanced. (ii) that section 5 of the limitation act makes i no distinction between the state and the individual with regard to the need of establishing a sufficient cause. an approach to the ..... the sind case. 18. another division bench of the punjab high court had also an occasion to consider the legal position in connection with applications under section 5 of the limitation act. mr. inder dev dua, j. speaking for the court recorded the following conclusions: '...... the statute makes no distinction between government and private individual ..... avoided with little imagination and foresight. in the circumstances the state-appellant has failed to make out any satisfactory cause for extending the benefit of section 5 of the limitation act. 15. the counsel for the state contended in general manner that the functions of the state are of a peculiar nature and that the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj196; 1965CriLJ677
..... pleader to prosecute in any court any person in any such case, the public prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein under his directions. section 494 lays down that any public prosecutor, may, with the consent of the court withdraw from the prosecution of any person and the consequences of ..... of the munsiff magistrate first class, nasirabad, who framed a charge on 2-1-1963 against the respondent under section 338, penal code (causing grievous hurt by an act endangering life or personal safety of others) read with section 279, penal code (rash driving on a public way). the case was then adjourned to 12th march, 1983, ..... . ramlal 1961 (2) cri l j 331 (all.) and urged that no such duty is imposed by section 251a (7). 14. the question which emerges for consideration is whether under the criminal procedure code as amended by the act no. 26 of 1955 a magistrate should assist the prosecution in the production of its witnesses. this question besides .....
Tag this Judgment!Court : Rajasthan
Reported in : (1967)IILLJ327Raj
..... the power conferred thereunder would likewise be efficacious within the said limits. under article 313 the police act and the police regulations made ib exercise of the powers conferred on the government under section 243 of the government of india act, 1935, continue to be in force after the constitution so far as they are consistent with the ..... any doubt in our mind that the appointment of bhargava was never intended to be made in a substantive capacity and the suggested presumption of the regularity of official acts cannot carry us any far in the present case.10. rule 7 (ii), so our mind, only deals with the amplitude of the principle of recruitment by ..... chief conservator of forests on 4 september 1961 the learned counsel for the petitioner however, wanted us to presume that these requirements of procedure were followed as official acts should be presumed to be performed regularly. we are however, unable to subscribe to this view. in the first place the very fact that the appointment has .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj213; (1965)IILLJ83Raj
..... regarding compensation to the workers for the period prior to 15th may 1954, but it is urged that in view of the provisions of section 25fff read with section 25f of the act, the workmen were entitled to compensation equivalent to fifteen days average pay for every completed year of service or any part thereof in excess ..... retrospective in operation and cannot therefore be invoked in the present case in support of the claim of compensation since the cause of action arose before the act came into force. section 25ff and 25fff were added to chap. va by later amendments (1957) but they have been given retrospective operation only from 28th november, 1956.' ..... than one year in the mill immediately before its closure on 24th may, 1957 were entitled to notice and compensation in accordance with the provisions of section 25fff of the act, according to learned counsel, the words 'continuous service for not less than one year before closure' should have been interpreted by the learned tribunal in .....
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