Court : Rajasthan
Reported in : [1967]65ITR112(Raj)
..... help industrial growth in the state and, therefore, we cannot impute such motives to it as animate a private financier or a money-lender. functions envisaged under section 25 of the act are nothing but the activities of a welfare state and, therefore, the corporation could not put off the question of disbursing sanctioned loans by waiting for the ..... government in exercise of its powers under section 39 of the act. it was directed that the corporation should so arrange their investment of surplus founds that they may not have to sell their investments or to borrow frequently ..... securities of the central government or of any state government.it appears that in order to ensure that the corporation works on sound business principles as contemplated by section 24 of the act, the government issued a directive to it by its order dated july 15, 1957, available at page 52 of the record. this was done by the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj20
..... the rules that the court has framed. the provisions contained in the code of civil procedure will not be attracted to this special jurisdiction in terms, because section 4(1) of the code of civil procedure provides that in the absence of any specific provision to the contrary nothing in this code shall be deemed to ..... on an office report to the effect that a joint petition filed by 41 petitioners for restraining the respondents from enforcing the provisions of the rajasthan agricultural produce markets act (act no. 38 of 1961), 1961, the rules made thereunder and the bye-laws made by the krishi upaj mandi samiti, kishangarh. is not maintainable in view ..... carrying on their business in kishangarh within the area of krishi upaj mandi samiti, kishangarh, and they are affected by the enactment of the rajasthan agricultural produce markets act. 1961. the rules and bye-laws made thereunder which they are challenging. the writ petition, it is maintained, raises common questions of law and fact, as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj239
..... proper to point out at this stage because our attention has been drawn to certain oases bearing on this aspect of the matter.12. under sub-section (1) of section 38 of the act which runs, as follows, the jurisdiction of the civil court is barred in certain matters:--'38.--jurisdiction of civil courts.--(a) to entertain or adjudicate ..... court to pass orders under article 226 of the constitution. this is the first point of distinction.13. the second point of distinction is that under section 34 of the act an election may be set aside if the result of the election so far as ii concerns the returned candidate has been materially affected by non- ..... with, would invalidate the electoral roll of the ward. the relevant provisions for the preparation of the electorol rolls contained in the act may again be referred to sub-section (2) of section 16 of the act makes a provision for the adoption of the electoral roll prepared for the state assembly constituencies relatable to the area comprised in a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj1
..... decade all questions of fact and law arising on the pleadings of the parties. the only question which has been decided by me is that article 120 of the limitation act governs the suit 11. the miscellaneous appeal is decided as indicated above. in the circumstances of the case. i leave the parlies to hear their own costs of ..... court on appeal dismissed the suit on the ground that it was barred by limitation under article 144.before their lordships of the supreme court two articles of the limitation act were pressed for consideration as applicable to the case articles 144 and 120 is symbolic possession was delivered in the predecessor of sivayyn on november 6, 1939 the suit ..... and that they themselves were the pujaris of the temple.5. in the trial court the contention on behalf of the defendants was that article 138 of the limitation act was applicable. as however symbolic possession was given lo ghudmal over the shop on 11-9-39 that article has no application as was held in basavan-tappa v, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj5; [1967]65ITR267(Raj)
..... -revenue and other public demands relating to the part of the jagir held by him. the term 'estate' has been defined by the marwar land revenue act in section 4 (iii) of the act. according to this definition, the term 'estate' means a mahal or mahals held by the same landlord and the definition of the term 'mahal' is ..... assessee is individual or hindu undivided family ? (2) whether on the facts here, with reference to the house properties, income from which are assessed here, section 9(4) of the income-tax act, 1922, was properly applied? (3) whether the custom of impartibility is invalid on the ground of its being discriminatory so as to offend article 14 ..... observations of the tribunal in this behalf, as contained in para-7 of its order, are as follows: -'by section 263 read with the second schedule to the rajasthan land revenue act, 1956. the marwar land revenue act 1949 has been repealed. the result of the repeal obviously, is to do away with the statutory restrictions found in chapter .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj14
..... 17. the same view was taken in air 1963 punj 113. in this case the state had filed an appeal against the award on a reference under section 18 of the land acquisition act and the claimant had also filed a cross-appeal. the latter died during the pendency of the appeal and his legal representa-tive had been brought on the ..... alleged lhat the plaintiff asked for the refund of this amount from the defendant many a times, but without any purpose and, therefore, after giving the statutory notice under section 80 of the code of civil procedure he brought this suit out of which the present appeals arise in this suit apart from claiming the amount of rs 50,491 ..... the coming into force of the constitution on 26th january. 1950. and is now represented by the present state of rajasthan as it was constituted under the states reorganisation act. 1956 (act no xxxi of 1956). it is further common ground between the parties that the first united state of raias-than issued ordinances no 27 of 1948 and nos. 10 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj235
..... no unconditional promise to pay in the documents. it will follow that the suit documents will not be promissory notes within the meaning of the expression in section 2(22) of the stamp act.' 3. the above case is distinguishable. in the present case it is clearly stated by the executant that he shall pay the amount to the original ..... document is a bond, t am unable to accept this contention as the promissory note in suit is payable to order. 'bond' is defined as follows in section 2(5) of the stamp act: 'bond' includes ---- (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a ..... of two years on demand by you the principal together with interest.' it was observed: 'under section 2(22) of the stamp act a promissory note is one that would come within the definition contained in section 4 of the negotiable instruments act and would include a note promising payment of any sum of money out of any particular fund which .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj258
..... amount of rs. 886.12.6 as i look at this entry, it fulfils, in my opinion, all the essential ingredients of the charge laid down in section 100 of the transfer of property act.the intention of the parties is clear that the security under the mortgage would also be available for the cash advances taken by the plaintiff from the ..... the language of the particular document and find out the intention of the parties in a fair and square manner and see whether the requirements of section 100 of the transfer of property act are satisfied, which act as in the case of air 1930 pc 176 (supra) must be held to be operative in the present ease on principles of justice, equity ..... court in air 1963 sc 70 (supra).it was held in this case that when a person gets into possession of a property as mortgagee, he cannot by any unilateral act or declaration of his, without consent, prescribe for a title by adverse possession against the mortgagor, because in law his possession is that of a mortgagor. but if the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj221
..... provisions of rules 3 and 4. the supreme court answered the question as already noticed in the negative. to eliminate this difficulty the criminal law amending act, 1966 came into being.section 5 makes provision regarding pending eases and the crucial date is 30th day of june, 1966. the concrete question, therefore, is whether the applicants were ..... 11. it is not disputed that the four applicants before me are governed by the provisions of the army act, 1950. section 69 of the army act provides that subject to the provisions of section 70, any person subject to this act, who at any place in or beyond india commits any civil offence shall be deemed to be guilty of ..... 6. the question which emerges for consideration before me is whether the case of the applicants is covered by the provisions contained in section 5(1)(a) of the amending act. the material words of section 5(1)(a) on the interpretation of which the answer to this question depends are :'charged with and tried for an offence' which .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj129; [1967]66ITR1(Raj)
..... precluded the commutation of any portion thereof into a lump sum grant so that such interest could fall outside the purview of the term 'assets' as used in section 2(e) of the act.14. mr. lodha, appearing for the department, has strenuously, contested the stand that the interest of the assessee could be regarded as an annuity. he maintains ..... been given the right to enjoy the income of 15/30 parts of the trust fund will be her assets within the meaning of the enacting part of section 2(e) of the act. but clauses (i) to (v) thereof exclude certain interests from the ambit of that wide definition and the sole point for determination is whether in the ..... came to the conclusion that the income that the assessee was receiving was not an annuity. the appellate assistant commissioner also held that according to the provisions of section 21(2) of the act, the wealth-tax officer had the option to assess the trustee or the beneficiary on whose behalf the settled assets were held by the assessee.7. the .....
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