Court : Rajasthan
Reported in : 1970WLN248
..... a dispute having arisen between magna bai and the bank, the matter was referred to arbitration under the provisions of the co operative societies act and as award was given in execution of which the mortgaged properties were, put to sale. beerchand son of magns bai was one ..... executed against their share. in this connection learned counsel also placed reliance on the provisions of the hindu women's rights to property act, (xviii of 1937 amended by 11 of 1938) to show that magna bai on the death of her husband parasdas got an interest ..... as if it had been his acquired property.also see kali shanker v. nawab singh ilr 31 all. 507. the effect of the act 18 of 1937 on the hindu of a kinds widow was stated by subba rao j. in the full bench decision in parappa v. ..... expressed that the mother, though not a co-parcener in the joint family in the absence of an adult male member was competent to act as manager of the family but this view was not approved by the supreme court in commissioner of i.t. v. c.s .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN398
..... objections first.24. on behalf of the company it was contended that the state is estopped from taking these pleas as it furnished material for determining compensation under section 65, cantract act, without raising any such objection and also took adjournments for the purpose. we are of the opinion that it is open to the state to put forward ..... of the contract and sought the court's permission to raise a second issue as to whether he was entitled to recover the amount claimed in the plaint under section 65, contract act, that is, for restitution g.k. mitter j. who tried the suit on the original sida held (decision reported in : air1956cal138 ) firstly, that the issue ..... the suit in respect of which no relief was claimed in the suit we have no jurisdiction to determine the amount of compensation payable to the state under section 65, contract act, for this period. it will be open to the state government to institute a suit to recover compensation for this period.71. after the decree was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN417
..... not been explained by the prosecution and, therefore, the whole prosecution story should be jettisoned or thrown overboard.18. the first information report is the information recorded under section 154, cr. p c. it is an information given to a police officer relating to the commission of a crime it is also an information given as an ..... on that account, we are unable to hold that the appellants, who are proved to be members of the. unlawful assembly, could escape liability for conviction under section 302, read with section 149, i.p.c. on the finding, recorded by the trial court, and from the evidence produced by the prosecutionc inevitably follows that fatal injuries were caused ..... is named as an offender who committed an offence for which the member of the assembly are liable under section 149, i.p.c., and the evidence at the trial is insufficient to establish that the named person committed the act attributed to him. still be convicted of the offence, if it is proved that he was a member .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971CriLJ448
..... not been explained by the prosecution and, therefore, the whole prosecution story should be jettisoned or thrown overboard.19. the first information report is the information recorded under section 134, criminal p. g. it is an information given to a police officer relating to the commission of a crime. it is also an information given by ..... on that account, we are unable to hold that the appellants, who are proved to be members of the unlawful assembly, could escape liability for conviction under section 302, read with section 149; penal code. on the finding recorded by tbe trial court, and from the evidence produced by the prosecution, it inevitably follows that fatal injuries were ..... is named as an offender who committed an offence for which the members of the assembly are liable under section 149, penal code, and the evidence at the trial is insufficient to establish that the named person committed the act attributed to him, he may still be convicted of the offence, if it is proved that he .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj30; 1970(3)WLN372
..... udaipur judgeship under whose territorial jurisdiction the office of the executive engineer is situated. it was argued that the plaintiff is accordingly not entitled to rateable distribution under sections 63 and 73, civil p. c.9. in this connection reference was made to various provisions contained in the code of civil procedure. so far as ..... dey v. mokhoda debi, (1890) ilr 17 cal 699 (fb) that the rule of territorial jurisdiction was equally applicable to execution proceedings. it was observed--'by section 16 of the code of civil procedure, suits for the recovery of immovable property, or for the determination of any other right or interest in immovable property, must ..... in bhagwati prasadv. jai narain, air 1958 all 425 that wherethe property is in the custody of a courtor officer, the court which passed thedecree, can, acting on its execution sidedirectly attach such property under order 21,rule 52 even though it is outside its jurisdiction. it may be mentioned that the allahabad high court .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj181
..... the executant, however, denied the execution of the document before the sub-registrar, and consequently the registration was refused. the plaintiff made an application under section 73 of the act, but the registrar refused to register the document on the ground that it had not been presented within the lime allowed by law, even though he ..... nor is it mentioned that any application had been moved on his behalf before the registrar disclosing the circumstances under which benefit was being claimed under section 25 of the act for registration of the document after the expiration of the prescribed period of four months, nor is there any mention in this endorsement that for certain ..... 1956 bom 625.11. in durga singh v. mathura das, (1884) ilr 6 all 460 the document was presented before the sub-registrar by the person claiming under the deed after the expiration of the period of four months prescribed under section 23 of the act. the sub-registrar forwarded it to the registrar who directed that the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj9
..... place at the time of the plaintiff's adoption. as earlier stated, learned counsel for the appellant says that the adoption took place long back that is in section 1954. no direct evidence could have been available to the plaintiff for proving the ceremony of giving and taking and as such it should be presumed on the ..... has of course admitted that he has been helping the respondents in the litigation; but he is well acquainted with the hand-writing of girdharidas because he was acting both on behalf of girdharidas and chaterdas is the patta proceedings. evidence of those witnesses as regards the identification of girdharidas' signatures cannot be lightly brushed aside and ..... been performed as recited in the deed of adoption, then it would be for the party setting up the adoption to prove by positive evidence that the physical act of giving and taking did take place.'the next question, therefore, arises is whether the plaintiff has succeeded in proving the execution of ex. p-2 by girdharidas .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971CriLJ200; 1970(3)WLN440
..... 9, 1968 the learned sessions judge, bikaner, recommends that the judgment of the sub-divisional magistrate, rajgarh, where-by he convicted sanwal ram under section 64 (a) of the rajasthan excise act, 1950 but award, ed him only a sentence of fine of rs. 60/. when the law enjoins substantive sentence, be set aside. the ..... there is no evidence to show that the liquid recover, ed from the possession of sanwal ram was an excisable article within the meaning of section 3 (4) of the rajasthan excise act. the mere statement of the excise inspector giving the percentage of the aloohol was an inadmissible opinion. relying on state of andhra pradesh v ..... as follows :liquor includes toddy, spirits of vine, methylated spirits, spirits, wine, beer and all liquid consisting of or containing alcohol.7. sub-section (15) of section 3 of the rajasthan excise act defines liquor thus:liquor means intoxicating liquor and in. eludes spirits of vine, spirits, wine, tari, pachawai, beer and all liquid consisting of, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj175; 1970(3)WLN485
..... of the appellant that the plaintiff does not fall within the definition of 'any person, who has any interest in the property mortgaged' as provided in section 91(a) of the act. consequently, i hold that the plaintiffs are entitled to institute a suit for redemption.8. as regards the question of ouster suffice it to say that ..... the mortgaged property. the relevant part of section 91 of the transfer of property act reads as under:--'91. besides, the mortgagor, any of the following persons may redeem, or institute a suit for redemption of the mortgaged property, ..... .6. after a careful consideration of the rival contentions raised by the learned counsel for the parties. i have come to the conclusion that section 91 of the transfer of property act gives authority to any person who has any interest in the mortgaged property including that of an owner to institute a suit for redemption of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN815
..... dismissing their application by which they prayed the learned additional sessions judge to quash the proceedings on the ground that the trial was barred by the provisions of section 403 cr. p.c. as also article 20 of the constitution.2. the indictment against the accused devishanker was that as president of the multipurpose cooperative ..... two things into consideration. the first was that the accused had not been suitably punished in the previous cases and secondly the prosecution did not know the acts of mis-appro-priation which were the subject-matter of the present trial while launching the previous prosecutions. he pointed out that the prosecution came to know ..... embezzlements on different occasions. if on different dates the accused makes false entries and embezzles the corresponding amount then the offences will be different and according to section 233 cr. p.c. each offence will have to be tried separately. to that there is however an exception that offences not excee ding 3 in .....
Tag this Judgment!