Court : Rajasthan
Reported in : 1969WLN288
..... accepted, the court should in that judgment state or indicate whether the presumption has been rebutted or has been displaced.the procedure for raising presumption under section 90 of the evidence act, if i may say so with respect has been clearly brought out in these observations. but it has nowhere been laid down that an opportunity ..... and no evidence was available regarding their execution. it was there fore, prayed that a presumption may be drawn in respect of these documents under section 90 of the evidence act. a notice of this application was given to the defendants to which they filed a reply that no such presumption should be drawn with respect ..... been proved by any evidence, and the trial court did not exercise its discretion judiciously in raising presumption regarding the due execution of these documents under section 90 of the evidence act. it is submitted that there was definite plea raised by the defendants that these documents are forged and, therefore, it was the duty of the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj265; 1969()WLN326
..... to them by virtue of the said notification then according to the proviso a dispute in that respect could be raised before an authority appointed under section 20(1) of the minimum wages act only within six months from the date of the said notification. his grievance is that the inspector did not care to file any claim under the ..... the employees were entitled to get their wagesat the rate of the minimum wages fixed by the government of rajasthan under section 3 of the minimum wages act. section 15(2) of the act provides:'where contrary to the provisions of this act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, ..... claim was made before respondent no. 1 by respondent no. 2 on 10th of march, 1965 which date falls outside the period of limitation fixed under section 20 of the minimum wages act for making any claim to get the minimum wages. in this manner, it is contended that the respondent no. 2 wanted to by-pass the provisions of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj236; 1969()WLN413
..... . this is a revision application against an order of the additional district judge, bundi, holding that he has no jurisdiction to entertain an application under section 14 of the arbitration act in respect of the award which was filed before him.2. lalchand and mahabir prasad entered into a partnership the object of which was to carry on ..... like buildings, cattle,cycle, carts and cash. under term no. 2of the award mahabir prasad is to payrs. 1926/- to lalchand. section 2(c) andsection 31 of the arbitration act run asfollows:-- '2. in this act, unless there is anything repugnant in the subject or context,-- ..... (c) 'court' means a civil court having jurisdiction to decide the ..... to passing decrees on the basis of awards and this code was equally applicable to revenue courts. the rajasthan land revenue act only provides for arbitration in matters pending before the revenue court (see sections 68 and 69). the revenue court is not competent to pass a decree on the basis of an award made in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN374
..... one shri m.r. dhariwal, an officer specially appointed by the government to perform the functions of a collector under the rajasthan land acquisition act. section 18(1) runs as follows:18. reference to court. - (1) the government department on whose i behalf acquisition is being made ..... as any officer specially appointed by the government to perform the functions of a collector under this act.6. section 18(1) does not lay down that the application for reference should be made to the collector who made the award. ..... amount of costs allowed, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.5. under section 3(c) the expression 'collector' means the collector of a district and includes an additional collector appointed to a district as well ..... jagat narayan, j.1. this is revision application under section 18(3) of the rajasthan land acquisition act against a reference made by the collector s of the district.2. the sole .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN319
..... person, for any of money.6. in the above hundi time for payment is specified. it is therefore not payable on demand, within the meaning-of the negotiable instruments act, section 19 of which runs as follows:a promissory note or bill of exchange, in which no time for payment is specified, and a cheque, are payable on demand.7. ..... hundi. a post-dated cheque is not expressed to be payable otherwise than on demand and is therefore a cheque as defined in section 6 of the negotiable instruments act. by virtue of section 19 of the negotiable instruments act a cheque is always treated as being payable on demand.13. in an unreported decision meghraj v. shivji s.b. civil revision ..... thus payable after a stated period. it was only payable to a shah.3. the above hundi is not a bill of exchange as defined under section 5 of the negotiable instruments act as it does not contain an unconditional order directing payment of money to a specified person or to the bearer of the instrument see mangal sen v. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj142; 1969()WLN339
..... was overruled and the learned chief justice observed that:'it is true that the plaintiff had to perform statutory duties and that he had statutory powers under sections 40 and 41 of act ix of 1879. it does not, however, necessarily follow that the plaintiff was not holding a civil post under the state government within the meaning of ..... held under a separate engagement for the payment of land revenue: no doubt when once a proprietor is made a ward, all his property is, under section 16 (1) of the act, put under the superintendence of the court of wards, but the original assumption of wardship is only possible in the case of proprietors or land-owners paving ..... was further observed that:'that the collection of land revenue is an important consideration is apparent both from the objects aimed at and from the fact that by section 4 of the act, the board of revenue is made the court o wards for the united provinces. indeed, in earlier schemes in respect of the disqualification of proprietors the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN479
..... immediately of the action taken by the accused persons and thereupon a case was registered against shantilal and. three others under section 420 read with section 511 indian penal code and section 23(c) of the petroleum act, 1934. all the accused persons were then challaned in the court of the munsiff-magistrate under the said offences but they ..... accused persons did not go beyond making preparetion which is not culpable and therefore they were all discharged of the offences under sections 420, 511 indian penal code and section 23(c) of the petroleum act.4. the state of rajasthan preferred a revision application to challenge the order of discharge passed by the magistrate in this court ..... crime which is not punishable under the law.6. it may be mentioned that while holding that the act of the accused persons fell within the ambit of the term 'attempt to commit the offence as used in section 511 indian penal code, i was of opinion that if without inviting prahlad ram to take the delivery .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj84; 1969()WLN519
..... the constitution mainly on the ground that the learned senior civil judge while dismissing the petitioners' suit did not correctly appreciate the scope of section 9 of the specific relief act and has erroneously held that since the petitioners have been dispossessed under the orders of the secretary, mandi development board, hanumangarh, their ..... his contention, therefore, is that the possession of the disputed lands was transferred in due course of law and as such a suit under section 9 of the specific relief act was not maintainable.mr. agarwal further urged that the secretary, mandi development board, hanumangarh, was an agent of the government while discharging his ..... duties under the rules and therefore no suit could be brought under section 9 of the specific relief act as it shall be taken that the government through its agents had intervened and it was the government that had dispossessed the petitioners from .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj24
..... 2 amounts to an acknowledgment of the debt for the amount of rs. 6000/- which fell due on 1-4-1954 as held by the trial court. section 19 of the limitation act requires an acknowledgment of a liability in respect of the amount which is sought to be recovered by the plaintiff. it has been pointed out by their lordships ..... not in damages, it may be pointed out, however, that the term used in article 115 and article 116 is not damages but compensation, which also occurs in section 73 of the indian contract act. as lord esher observed in dixon v. calcraft, (1892) 1 qb 458, the expression 'compensation' is not ordinarily used as an equivalent to damages, although as ..... v. siru mullick, (1881) ilr 6 cal 94 and observed as follows;--'there is a contract between the parties who lend and accept a loan, respectively, and by section 73 where the contract has been broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for any loss .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj210
..... been said by their lordships of the privy council in r. venkata rao v. secy. of state, air 1937 pc 31 in connection with the scope of section 96b of the government of india act, 1935 (a provision analogous to article 309). in the above referred case, their lordships have laid down that the pleasure of the governor shall be exercised in .....
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