Court : Rajasthan
Reported in : 1970WLN436
..... , dry grass, straw or other inflamable materials, or the erection of matted or thatched huts, or the lighting of fire, has been issued by the cantonment authority, under section 122 of the cantonments act, 1925.(a) stack or collect wood, dry grass, straw or any other inflammable material; or(b) erect a structure made or renewed of grass mats, leaves or any .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj128
..... regards the invalidity of the mortgage and as to their claim on the personal covenant being statute-barred, but they also insisted on their right to relief under section 65, contract act. the appeal was heard ex parte. in spite of this, however, their lordships came to the conclusion that the appellants ought not to be refused restitution ..... 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 side held (decision reported in : air1956cal138 ) firstly, that the ..... first. 25. 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, contract 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN461
..... , in the first place, be had been guided by the judgment of the learned district judge in procedings under section 9 of the hindu marriage act, 1955, he maintaine that the criminal court acting under section 488criminal procedure code was not bound by finding of the learned district judge. in the second place it was urged ..... persons and they carried fire arms and wanted to taken her away forcibly. after this alleged incident malkiyat singh made a fresh application under section 9 of the hindu marriage act, 1955, before the learned district judge for restitution of conjugal rights by his wife. gaij kaur resisted that application on the ground of ..... there was litigation between the husband and the wife whereas the wife applied for maintenance under section 488 criminal procedure code in the court of learned first class magistrate at ganganagar, the husband applied under section 9 of the hindu marriage act, 1956 for restitution of conjugal rights. good sense seems to have prevailed later on and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj19
..... be explained on the basis of acquiescence or implied consent-i am, therefore, of the opinion that there was implied consent or acquiescence of the defendant in the plaintiff's act of constructing the upper stair case. the objection raised on behalf of the respondents that the defendant cannot commit trespass for the use of the upper stair case by passing ..... party wall that one of the co-sharers cannot raise the height of the wall or otherwise interfere with it without the consent of other co-sharers as such an act on the part of one of the co-sharers has been held to be an ouster of the other co-sharers. it has been further held that if there is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj306; 1970(3)WLN758
..... decree for fixation of standard rent, will result in rendering the protection including one against unwarranted and unjustifiable increase of rent provided by the act, in general and sections 10 and 11 of the act in particular prohibiting increase in rent beyond certain limit and prescribing the procedure for obtaining increase in rent, illusory.30. we now proceed to ..... that would be a date subsequent to the period for which the suit for arrears is instituted.'we shall consider the interpretation and proper implication of section 8 of the act at a later stage, but we must in passing observe that the difficulty need not stand in the way of the determination of the standard rent ..... observations made in this judgment with reference to clause 3 of the jaipur rent control order, 1947, are applicable with same force to the provisions of section 8 (2) of the act, which are in the same term.25. the case of gyanchand v. madanlal, 1964 raj lw 12 this court deals specifically with the interpretation of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj1
..... that there is no question of estoppel by ratification in such a case. thus, their lordships treated the contracts as void but held that the provisions of section 70 of the indian contract act can be invoked by the aggrieved party to the void contract. in a still later case air 1969 sc 302 in a matter arising out of the ..... on the agreement in form k-2 for compensation for breach of contract. but we are unable to hold that the appellant was not disqualified under section 9a of the representation of the people act merely because the contracts were not enforceable against the state because of article 299(1) of the constitution.'17. the law thus appears to be well ..... a mere agreement entered into in contravention of article 299 of the constitution and in fact not ratified could not be called a 'contract' within section 7(d) of the representation of the people act. 1951. in air 1968 sc 1218 it, was found that there was no formal compliance of the provisions of article 299 of the constitution but .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN494
..... the bald statement of witness that a particular writing is written by so and so without saying that he is acquainted with his handwriting would be admissible under section 47 evidence act. in mahant jagdish das v. emperor (supra) there were special circumstances appearing in the statement of the witness from which the court could come to this ..... evideence of the witness was not admissible in evidence because he did not say that he was acquainted with the handwriting of umraochand, and so the requirement of section 47, evidence act, had not been satisfied. both sides rely on the following decisions.21. shankarrao gangadhar v. ramji ilr xxviii bom. 58 where in proof of a document ..... rightly argues that the factum of partition can be proved by other evidence even though the deed of partition is inadmissible in evidence for want of registration and section 91 of the evidence act is no bar to the reception of such other evidence. see tejraj v. mohan lal ilr v raj. 476 and k. kanna reddy v. k. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj115
..... notice of termination of tenancy, the plaintiff had let out other rooms in the building. 2. i would first consider the question of constitutionality of section 2 (2) proviso (e) of the act. but before i do so, i may observe that according to the plaintiff the room in question, which is the subject-matter of this litigation ..... extensive import of the preamble. the true intention thus can be gathered from the preamble as well as other provisions of the act. looked at from this point of view the exception contained in section 2of the act must also be considered in an attempt to determine the intention of the legislature. the exception, therefore, both because of ..... falls within the exemption provided in clause (e) of sub-section (2) of section 2 of the act, which runs as under :-- 'section 2. extent, commencement and application -- (1) this act extends to the whole of the state of raiasthan. (2) sections 1 to 4 and 27 to 31 of this act shall come into force at once, and the remaining provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj23
..... it was further held that 'unless in exceptional cases he can obtain such relief only under the provisions of section 90 of the transfer of property act, and if such relief is refused the refusal will not bar a subsequent application under section 90.'11. again in kidar kath v-saraiuddin air 1946 lah 97 (fb) achhru ram j., speaking for ..... wazir hasan c. j. who wrote the leading judgment representing the majority view (srivastava j. dissenting) held that,'once the right or the liberty to do a certain act is established and declared by a decree of court in favour of a party his adversary cannot be permitted to thwart and stultify that right by raising objections which he ..... the suit was filed after more than 6 years on 29-4-1959 and was thus admittedly barred by limitation for a personal decree under article 116 of the limitation act of 1908, which was then in force. the learned civil judge, jodhpur upheld the defendant's objection and dismissed the application. on appeal by the plaintiff the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN537
..... through an agricultural land even if it is assumed that it is a public way. the term 'public street' has been defined under clause (6) of section 2 of the act as follows:(8) public street means any road, street, bridge, lane square, court alley or passage which the public has a right to pass along and ..... enlarge or otherwise improve any public street, culvert or bridge minimum damage to the neighboring fields (vide clause (xiii) of sub-section(1) of section 26 of the act). under the third schedule attached to the act a panchayat may provide for removal of obstructions and prejections in public streets or places and sites, not being private property, which ..... a reference.3. the learned judge observed that the powers of the gram panchayat have been specified in section 23 (a) to section 27 of the rajasthan panchayat act, 1953 (hereinafter referred as the act) and section 26 (1) (11) of the act only provided that the panchayat shall have the power to require the owner or occupier of any building .....
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