Court : Rajasthan
Reported in : 1968WLN285
..... however, to consider yet another argument addressed in this case by mr. mehta. his argument is that in exercise of the powers conferred under sub-section (2) of section 4 of the act the government of rajasthan issued notification dated 11th august, 1959 exempting from tax the sale of 'bardana' old, new or being received as containers ..... of the case, the single member of the board of revenue dismissed the revision applications.10. five separate applications were preferred by the mills under section 15 of the act. on these applications the board of revenue has referred the following question:whether in the facts and circumstances of these two cases, where sugar is ..... the three years in question to the deputy commissioner (appeals) excise and taxation, jodhpur and the appeals were dismissed. the mills filed revision applications under section 14 of the act to the board of revenue, rajasthan. the single member of the board who heard the applications referred all the cases to a full bench.6. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj77
..... e. after the institution of the present suit he has become entitled to evict the defendant on the ground set forth in section 13 (1) (a) of the rajasthan premises (control of rent and eviction) act 1950 as amended by act no. 12 of 1965 published in the rajasthan gazette dated 9-6-65. this application was opposed by the defendant on various ..... allowed were likely to result in injustice to them inasmuch as they might be deprived of the right conferred on the tenant under section 13(4) of the rajasthan premises (control of rent and eviction) act, 1950 as amended by act no. 12 of 1965 of having the ground of default struck off by depositing rent, interest and costs on the first day ..... of hearing. it is argued that the amendment of the plaint relates back to the date of the institution of the suit and the first day of hearing referred to in the sub-section .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970CriLJ945
..... with a view that temptation to tell a lie may be avoided and, therefore, protection of the witness has been provided in section 132, evidence act. the protection under section 132, evidence act, gets further support from article 20(3) of the indian constitution. in support of this proposition reliance is placed on laxmipat choraria ..... v. state of maharashtra 0065/1967 : 1968crilj1124 . therefore, the testimony of these witnesses being that of competent witnesses is protected by proviso to section 132, evidence act.11. for the foregoing reasons, i agree with the comments made by learned sessions judge, jaipur city, in his orders of reference. the references are ..... in the end, pointed out that the three petitioners were examined as prosecution witnesses in the case and, therefore, they were protected by the provisions of section 132, evidence act. on these grounds he submits that the order of learned magistrate, dated december 11, 1967, be set aside.6. the case was argued by shri .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj22
..... filing of the award in court. the learned judge has relied on rule 7 of the rules framed under section 44 of the arbitration act by the nagpur high court. the rule framed under section 44 cannot override the express provisions of the section of the act. another reason which is given is that the filing of the award in court is merely a ministerial ..... it without his authority or not on his behalf, so that he cannot be said to have caused it to be filed, it is not an act to be taken notice of by the court. the effect of section 14(2) is that the court is bound to receive the award and to proceed as laid down in it and the subsequent ..... or only some of them was not considered in that case. the only question which was considered was whether the court could act on an award filed by a party without the authority of the arbitrator. it was observed--'section 14(2) contemplates the filing of the award in the court by the arbitrator; it is not essential that he should himself .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN206
..... for the parties about this preliminary objection and i am satisfied that it must be upheld. the relevant provision of the rajasthan court fees and suits valuation act 1961 are reproduced below:section 10. 'statement of particulars of subject-matter of suit and plaintiff's valuation thereof - in every suit in which the fee payable under this ..... prescribed form of particulars on the subject-matter of the suit and his valuation thereof unless such particulars and the valuation are contained in the plaint.'section 11. 'decision ..... act on the plaint depends on the market value of the subject-matter of the suit, the plaintiff shall file with the plaint a statement in the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj26; 1969()WLN1
..... as if such deposit of rent constituted a valid payment to landlord in time.' 6. on 1-7-1965 the defendants made an application under clause (d) of section 13-a of the act stating that they had deposited the arrears of rent upto the date of the application as also the amount of interest thereon at 6 per cent per annum ..... can be treated as an 'appeal'. it is contended that the learned single judga was in error in holding that the defendants-appellants cannot take advantage of section 13-a, clause (d) of the act, on the ground that they had preferred an appeal from the judgment and decree dated 8-4-1965. he has submitted that the authorities relied upon by ..... the whole of the arrears of rent together with interest thereon and the costs within 30 days from the date of the commencement of the amending act, as provided under clause (b) of that sub-section. the words 'any proceed-ing pending' used in sub-clause (a) relate to alt pending matters, be they suits, appeals or revisions, pending on the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN37
..... proceedings are instituted before a nyaya panchayat are ultra vires of the constitution the result is that the plaintiff's suit could not be dismissed under section 44 of the act.19. we, therefore, allow the revision application and set-aside the orders of the courts below dismissing the suit of the planitiff and remand ..... special provision and prescribes a period of limitation which is not exactly on the lines of the provisions contained in the indian limitation act. section 49 of the act makes the provisions of the indian limitation act inapplicable to the proceedings before a nyaya panchayat. these provisions of the law, therefore, result in prescribing two periods of limitation ..... this revision application is whether the suit even after it has been sent by the nyaya panchayat to the munsiff after the period of limitation under section 44 of the act, would govern the proceedings so far as the period of limitation is concerned. on behalf of the plaintiff it is contended that the provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN51
..... falling within the definition given in section 4 of the negotiable instruments act prima facie intend to create a negotiable instrument and unless there are facts and circumstances negativing such an intention it must be held to be a promissory note ..... document was to obtain an acknowledgement in writing of the two loans advanced to the defendant. the writing fulfils all the requirements of the promissory note given in section 4 of the negotiable instruments act. it was held in smt. bhanwar bai v. ghanshyam dass s.b. civil revision no. 251/1964 decided on 7-12-65 that parties creating a document .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN165
..... therefore govern this case. so also it cannot be said that the plaintiff sued for a declaration of all or any of his rights conferred by the tenancy act within the meaning of section 91. sections 88 and 91 have therefore no application to the present suit and gulla v. doliya and ors. 1952 iln 2 raj. 355 and shrichand and ors. ..... and her husband's brother hanuta left no room for doubt that mamraj was the adopted son of binja. evidence to this effect is admissible under section 50 of the evidence act, for under that section when the court has to form an opinion as to the relationship of one person to the another, the opinion, expressed by conduct, as to ..... belated effort on the part of the learned,, counsel for the defendants-appellants to make the submission that they should he., allowed to raise the bar of section 285 of the rajasthan tenancy act against the, maintain ability of the present suit in the civil court.15. it is true that the trial court made the observation that the plaintiff .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN148
..... necessary or expedient, for the removal of the doubt or difficulty in such cases, shall be final.5. for giving effect to the provisions of the act, section 5 is the key section. it provides that the central government may by notification in the official gazette frame a scheme for the establishment of provident fund for employees or for ..... further mentioned in paragraph 3(i) of chapter i that the scheme would apply to a factory and establishment to which the act applies or is applied under sub-section (3) of section 1 or section 3 of the act. thus while specifying in this manner the establishment of the petitioner was not mentioned by name. at one stage a question ..... exists, if will be deemed that a particular industry has been specified only after that doubt or uncertainty has been removed by following the procedure laid down in section 19-a of the act (para 7) in this case this happened on 5th sep., 1964. to this conclusion the cal. high court has arrived in aluminium corporation of india .....
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