Court : Rajasthan
Reported in : AIR1969Raj65; 1969CriLJ437
..... challenge the order of the munsiff magistrate, bilara, dated 27th june, 1966 discharging accused purasmal, shantilal, durga ram and rooparam of the chargesunder section 420 read with section 513 and section 23(c) of the petroleum act 1934.2. the facts giving rise to this litigation are as follows:pukhraj, father of accused shantilal and parasmal, had a diesel pump at ..... is observed in the matter of the petition of r. maccrea, (1893) ilr 15 all 173, section 511 of the indian penal code was not meant to cover only the penultimate act towards completion of an offence and not acts precedent, if those acts are done in the course of the attempt to commit the offence, and are done with the ..... which the word 'attempt' has been used in a larger sense so as to include any one or the series of acts committed by the accused persons which may go to complete the offence as described in section 511, indian penal code.9. in this view of the matter, i aminclined to accept the revision of thestate and send .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj192
..... only to notice the last contention of the advocate general, namely, that the entries in question are bonds or agreements by reason of the terms of sec-lion 6, stamp act, which contemplates that a document may fall into two categories and since every unconditional acknowledgment implies a promise to pay, therefore, all unconditional acknowledgments are ..... legal difficulty in subscribing to the view that the suit can be based on an unconditional acknowledgment. the language of section 19 of the old limitation act and section 18 of the new indian limitation act shows that if a creditor brings a suit which is time-barred if computed from the date of the original cause ..... for india quite unnecessary. in maniram's case, the question was only whether the particular document amounted to an acknowledgment for the purposes of section 19 of the limitation act and it is not easy to understand why reference to english principles was made. i have had some experience of the unfortunate results of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj304; 1968()WLN11
..... injunction which was valued at rs. 100. in these circumstances the learned judges held that the facts of the case did not bring it within the ambit of section 11. suits valuation act. this was obviously not a case of under-valuation and a distinct relief for injunction had been added later on, with the result that the valuation of the ..... with the question whether the civil judge, ratangarh had jurisdiction to decide the suit.11. in air 1942 oudh 481 it was held that the principle under section 11, suits valuation act cannot be extended to a case where there is a want of inherent jurisdiction.12. in air 1926 cal 164 it was held that in a suit for ..... the contention of the appellants, therefore, that the decree and judgment of the district court. monghyr, should be treated as a nullity cannot be sustained under section 11 of the suits valuation act.'16. in a later case air 1952 sc 199 the validity of a decree passed on award was called into question during the course of execution proceedings and .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN47
..... decided by the execution court. being defensive proceedings, it was not necessary to obtain the leave of the court for filing those claims or objections under section 717 of the companies act. the execution court was therefore quite competent to decide them one way of the other on accordance with the provisions of the code of civil procedure claming ..... for the applicants, that any claim of objection to the attachment of the properties at the instance of the present applicants, fell with in the purview of section 45b of the act and the high court alone was, competent to decide it so that the orders of the execution court dated december 17, 1960 rejecting the claims of ..... upheld the plea and decided in its judgment dated july 19, 1965 that the applications filed on december 11, 1961 were not plaints, but were claims under section 45b of the act. as the appellants had already paid the required court fee, the order of rejection passed by the company judge was set aside in both the case. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj12; [1971]41CompCas635(Raj)
..... that the petitions filed under order 21 rule 58 of the code of civil procedure could not be entertained by the execution court by reason of section 45-b of the act as only the high court had the jurisdiction to entertain all claims against a bank in liquidation. the objection found favour with the execution court, ..... decided by the execution court. being defensive proceedings, it was not necessary to obtain the leave of the court for filing those claims or objections under section 171 of the companies act. the execution court was therefore quite competent to decide them one way or the other in accordance with the provisions of the code of civil procedure ..... the learned counsel for the applicants, that any claim or objection to the attachment of the properties at the instance of the present applicants fellwithin the purview of section 45b of the act and the high court alone was competent to decide it so that the orders of the execution court dated december 17, . 1960 rejecting the claims or .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj253; 1968()WLN56
..... has been filed against that order. a preliminary objection has been taken on behalf of the respondent that the order dated 26-11-66 passed under section 24 was appealable under section 28 of the act and as no appeal was filed against it, it became final and is no longer open to any challenge. the reply of the petitioner is ..... for divorce against her on the ground of adultery. during the pendency of the suit respondent no. 1 claimed maintenance pendente lite and expenses of proceedings under section 24 of the hindu marriage act, 1955. the evidence of the respondent was first recorded and 26-11-66 was fixed for recording the evidence of the petitioner. on that date the ..... definite provision for appeals and confers a right of appeal against all decrees and orders passed by the court in any proceeding under the act, and that there is nothing in the section to indicate a limitation that the right to appeal should be conferred by and exist under some other law for the time being in force like the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969CriLJ1193; 1968()WLN41
..... at some length and are of the opinion that the petitioner is not correct in his contention that the magistrate while exercising functions under section 37of the act constituted a court. section 87 of the act reads as under:-37. securing possession of records etc.,:(1) if the committee of a co-operative society is reconstitute at a general ..... magistrate, within whose jurisdiction the society functions, for securing the records and property of the society. on receipt of an application under sub-section (1) or sub-section (2) of section 87 of the act, the magistrate is empowered to issue a warrant authorising a police officer not below the rank of a sub-inspector to enter and search ..... . no. 804 of 1968 d/-24-9. 1968, (raj) shiv charan das v. hakikatullah khan that an order passed by a magistrate under sub-section (8) of section 85 of the act, is not amenable to the revisional jurisdiction of this court under the code of criminal procedure and, with respect, we agree with this view. similarly, in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN61
ORDER67. I dismiss the election petition with costs in favour of respondent No. 1 Respondent No. 2 will bear his own costs.68. I assess the legal fees at Rs. 2000/- subject to the filing of a certificate in accordance with the High Court Rules. Respondent No. 1 is further entitled to the costs of the trial as well as the costs of the appeal filed by the petitioner in the Supreme Court.69. The substance of the above order shall be communicated forth with to the Election Commission and the Speaker of the Rajasthan Legislative Assembly. An autthentiacted copy of this judgment shall be sent to the Election Commission as soon as it is prepared....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj149
..... subject-matter of the exercise of quasi judicial authority by the relevant tribunals.24. the power of drawing up a timetable is to be gathered under chapter iv of the act. section 48 (3) (iii) speaks of the exhibition of the time-table at speci-fied stands and halts on the route within the area. it may be gathered that it ..... on the stage carriage and the timing so exhibited should be observed. for a breach of any of these conditions, a permit may be cancelled, under section 60 of the act we think, therefore, section 48-a has no application to this case, because there has been no variation, cancellation or addition to any condition attached to a stage carriage permit. ..... objection to the grant of a stage carriage permit or of a public carrier's permit and in the case of the hearing of a representation under sub-section (6) of section 57 of the act, the state or a regional transport authority, as the case may be, may decide any matter without holding a meeting by the majority of the votes .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj315; 1968()WLN108
..... bombay cases referred to above have also taken the view that the insurer cannot defend the suit in its own name except on the grounds mentioned in section 96 (2) of the motor vehicles act. but it has been held that if the insured is negligent in defending the suit and a right has been reserved by the policy enabling the insurer ..... to defend the action in the name of the insured then it should be allowed to do so under the inherent power of the court under section 151 c. p .....
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