Court : Rajasthan
Reported in : 1969()WLN615
..... schedule ii also 't' carries the same meaning of compensation as aforesaid.12. in the decision referred to by the learned counsel the vires of section 2(e) and sections 3 to 8 of act no. 9 of 1957 were challenged. the question which has been referred to this full bench was not in issue in that case. however, it ..... contention of the learned counsel it is necessary to refer to some of the provisions of the rajasthan reforms and resumption of jagirs act, 1952 (act no. vi of 1952) (hereinafter called act no. 6 of 1952). section 21 relates to the resumption of jagir lands and empowers the government to appoint by notification in the rajasthan gazette a date ..... the term 'compensation' in this manner the co-sharers and the persons entitled to maintenance get their share of compensation and maintenance allowance as provided in sections 27 and 29 of act no. 6 of 1952 and the creditors of the jagirdar also receive their due share in execution of the decree in accordance with the provisions of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN570
..... time it is unreasonable. it may be observed that there is no statutory requirement that such an agreement must be limited by time. exception 1 to section 27 contract act itself provides that the restriction would remain in force so long as the buyer, or any person deriving title to the goodwill from him carries on ..... his enjoyment of the property transferred to him. the enforcement of such an agreement depends upon the validity thereof under the law of contract. thus section 40, transfer of property act, provides that an obligation of this nature, that is to say, an obligation arising out of restrictive covenant may be enforced against a transferee with ..... business there in : provided that such limits appear to the court reasonable, regard being has to the nature of the business.12. the relevant section in the indian partnership act 1932 are these:'section' 36. rights of outgoing partner to carry on competing business. - (1)an outgoing partner may carry on a business competing with that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj66; [1971(22)FLR237]
..... the test laid down by the supreme court in air 1960 sc 610, hospitals do fall within the purview of the expression 'industry' as defined in section 2(i) of the act whereas university stands on a different footing. it is in this manner that the distinction between air 1960 sc 610 and air 1963 sc 1873 can conveniently ..... taken by the government that the group of hospitals because they are attached to a teaching institution cannot fall within the definition of 'industry' as given in section 2(j) of the act. the government did not correctly understand the import of the judgment of the supreme court in air 1963 sc 1873. the running of hospitals cannot be ..... adhered to and it is claimed that the hospitals attached to the teaching institutions like medical colleges do not fall within the term 'industry' as defined in section 2(j) of the act.4. the main question for determination in this petition is whether the hospitals attached to the medical colleges are industries or not.5. in the state .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj5; 1971CriLJ85
..... by the municipal council, jaipur, against the order of the additional sessions judge, jaipur city, acquitting sewan das, respondent, of an offence under section 7/16 of the prevention of food adulteration act 1954. the respondent was convicted by the magistrate and was sentenced to rigorous imprisonment , for two years and to pay a fine of es ..... . a. t. estate co., air 1961 ker 84. this case was specifically cited before the learned additional sessions judge.5. section 20(1) of the act runs as follows:--'no prosecution for an offence under this act shall be instituted except by, or with the written consent of, the central government or the state government or a local authority ..... special order, by the central government or the state government or a local authority:provided that a prosecution for an offence under this act may be instituted by a purchaser referred to in section 12, if he produces in court a copy of the report of the public analyst along with the complaint.'6. it clearly empowers .....
Tag this Judgment!Court : Rajasthan
Reported in : [1972]42CompCas1(Raj); 1969()WLN498
..... best person to prove the circumstances in which the meeting was dissolved, did not come forward to give evidence on the point. under illustration (g) to section 114, evidence act, the court may presume that the evidence which could be and is not produced, would, if produced, be unfavourable to the person who withholds it. ..... be immediately dismissed. in govindmal v. kunj beharilal, a.i.r. 1954 bom. 364. tendolkar j., while dealing with section 69 of the partnership act, 1932, illustrated that the provisions of section 69 are mandatory and unlike their counterpart in england there is no power to grant to the defaulting partnership any relief against the ..... was appointed a receiver in his place. the defendant-company could not terminate the agency of the plaintiffs without their consent and in any case under section 87a of the indian companies act. the plaintiffs were, therefore, entitled to be associated with defendant no. 2 in performing the duties of the chairman, managing director, etc. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj184; 1971CriLJ974; 1970(3)WLN38
..... laid down therein. this aspect of the matter was not considered in that case that presumption under section 80, evidence act, would arise only if the memorandum of identification amounted to evidence, within the meaning of section 3 of the evidence act. in support of this proposition a reference may usefully be made to a subsequent division bench case ..... 153. an observation was made by the allahabad high court that the identification memo is a record of the statement taken under section 164, and, as such, must be presumed to be genuine under section 80 of the evidence act and that it is not necessary to call the magistrate in evidence as the memorandum under the terms of ..... section 80 is evidence of everything that it contains. with great respect to the learned judges, who decided the case of asharfi, air .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN30
..... the complaint. the nub of the matter is, as already pointed out, whether the non-fulfilment of the requirements of section 479-a criminal procedure, code by the sub divisional magistrate would result in the act of the lodging the complaint itself being rendered non est. having considered the matter, i am not prepared to go that ..... . a public serverant lodging a complaint in accordance with any of the section 195 to 199, will only be engaging himself in an administrative act. similarly, where the state launches any prosecution it is nothing but an administrative act. the character of the act will not change merely because it is the court who is the complainant ..... statute. the court which has taken cognizance of the offence under section 190 criminal procedure code was not obsessed by the bar under section 196 criminal procedure code, because it had the complaint from concerned court and the same was in writing. the concept as to when an act is a nullity, void or voidable is imprecise and also .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj226; 1970(3)WLN45
..... alleged that he was present when this order was passed by the regional transport authority but he did not prefer an appeal under section 64 (1) of the act to the transport appellate tribunal against the grant of permit to smt. shakuntala devi.4. in its order granting the permit the regional transport authority ..... 6-3-1969 one permit was granted by the regional transport authority to smt. shakuntala devi on an experimental basis pending fixing of the limit under section 47 (3) of the act. the regional transport authority decided to fix this limit after six months when the traffic potentiality would be ascertain-able more definitely. shyam sunder has ..... permit on bharatpur-govindgarh direct route, which was a new route, the scope of which had not been fixed under section 47 (3) of the motor vehicles act, 1939 (hereinafter to be referred to as the act). the application was published in the gazette dated 6-44967 and objections were invited within 30 days. it was published .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN108
Jagat Narayan, C.J.1. This is an application for review of a part of the judgment of this Court dated May 4, 1965 in civil writ petitions No. 1747, 1751 and 1681 of 1964, which related to the promotion of Assistant Engineers of the Public Works Department (Buildings and Roads Branch) to temporary post of Executive Engineers on the recommendations of the Departmental Promotion Committee appointed under Rule 26 of the Rajasthan Service of Engineers Building and Roads Branch) Rules, 1954. The applicant Shri M.S. Kachwaha was impleaded as a respondent in the writ petitions, but he did not put in appearance in them.2. The proceedings of the Departmental Promotion Committee were first challenged before us in D. B Civil writ petition No. 1217 of 1964 (H.P. Kuchal v. State of Rajasthan and others decided on 12-10-1964). It was held by this Court that the cases of the petitioners in that writ petition did not receive a fair and proper consideration at the hands of the Departmental Promotion Com...
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN146
..... that the evidence which could have been and is not produced, would, if produced, be pressumed to be unfavourable to the persons who withholds it: vide illustration (g) to section 114, evidence act. in this connection, it may be pointed out that there is an application, dated february 14, 1966, submitted on behalf of the prosecution, stating therein that as these witnesses ..... court would not interfere with the discretion of the prosecutor as to which witnesses should be called for the prosecution and no adverse inference under illustration (g) to section 114 of the evidence act can be drawn against the prosecution for not examining bhim sen and assaram.16. we may now take up the appeal filed by the state government. learned additional .....
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