Court : Rajasthan
Reported in : AIR1971Raj294; 1970(3)WLN729
..... ramnarayan's right to re-purchase the property from sheo sahai and as such the plaintiffs are his representatives-in-interest within the meaning of section 23(a) of the specific relief act. under section 23(a), specific performance of the contract may be obtained by any party thereto or his representative-in-interest and the appellants are, therefore, ..... durgappa. air 1940bom 339 took the view and held that an option to re-purchase property both under the common law as well as under section 23(b) of the specific. relief act is prima facie assignable. 13. in view of the above-mentioned decisions, it can be safely held that ramnarayan could assign the benefit of ..... in venkateswara v. raman, air 1917 mad 358 it was held that all contracts capable of specific performance are assignable except those of the class prohibited by section 23 of the specific relief act. 12. in munuswami navudu v. sagalaguna nayudu. air 1926 mad 699 it was held that: 'a right under an executory contract to exercise an .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN563
..... retrospective effect, a statute impairing contracts & affecting vested rights should be presumed to be prospective in effect. there are no express words either in the act or in section 27 of the act. providing for retrospective effect. there are, however, some important features which deserve to be emphasised.12. the provision seeks to give legislative recognition to ..... reached a conclusion--having given our careful consideration to the question, we have come to the conclusion that there is really no repugnancy between section 23 and section 2(17) of the act.it was further observed that acceptance of a contrary argument would introduce a very material limitation which is not warranted by the words used ..... 1952 which was the date of the decree of the trial court so that no question can arise of holding that the arrears of interest under section 17 of the act must be computed upto the date on which the high court passed the decree.disagreeing with the counsel for the appellant, we hold that the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN671
..... , had a cloth shop in loha bazar. at about 8.45 p m. after closing his shop he was on his way towards ganga mandir when he heard reports of explosion. he turned round atonce and observed a person falling down in front of kishen chand's shop on the stone paved footpath. he also perceived that some person resembling appellant ..... going to cinema he was passing through loha bazar around 8. 30 p.m. when he was near a bangle merchant's shop, he heard the reports of 3-4 explosions at his back and when out of curiosity he turned he heard the words 'hai mar gaya', by a man falling down. at a distance of few feet from the ..... from a nearby drain. on interrogation vijai bahadur gave information to the police that he could get the revolver and empties recovered and pursuant to this information, under section 27 of indian evidence act one revolver of 38 bore with' six chambers for bullets was recovered from a niche in the meat of kumber fort, bharatpur, and six empties of 38 bore .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN744
..... grave and sudden provocation, but it was not so great as in the case where the woman is found in the act of intercourse with the man. we accordingly alter the conviction from one under section 302 to one under section 304, part i, i. p. c, and reduce the sentence of life imprisonment to seven years' rigorous imprisonment ..... in this case, did not deal with the matter with correct approach. if there was some material on which a court acting reasonably could have found that the offence committed fell under exception 1 to section 300, it could have converted the offence of murder into one of culpable homicide not amounting to murder. all that the ..... grave and sudden provocation to an accused so as to bring his act within the first exception to section 300 of the indian penal code (3) the mental background created by the provious act of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence (4) the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj258
..... be said that the parties were ad idem on the question of referring their disputes to arbitration within the meaning of clause (a) of section 2 of the arbitration act so that it cannot be said that there is an arbitration agreement between them. 7. i may in this connection make a reference to ..... agreed upon and acceptable by you and us.'5. the question is whether this paragraph is an 'arbitration agreement' within the meaning of clause (a) of section 2 of the arbitration act? that clause defines 'arbitration agreement' as follows,-- '(a) 'arbitration agreement' means a written agreement to submit present or future differences to arbitration, whether ..... up of the kota straw board (private) limited, kota hereinafter called 'the respondent company', an application has been made by the respondent company under section 34 of the arbitration act for stay of the proceedings. the question for decision therefore is whether that application should be allowed? 2. it will be sufficient to state, for .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN548
..... the appellants as well as of krishna dutt by his award dated 28th june, 1962. again an application was made for making reference to the court under section 18 of the act, and the learned additional collector made a reference upon which the proceedings started in the court of the district judge kota. the learned district judge by his ..... that they were khatedar tenants of the land, and (2) that even if they were not khatedar tenants, they were persons interested within the meaning of section 3 (b) of the land acquisition act, 1953, and as such entitled to compensation.4. in support of first contention it is pointed out that the disputed land originally belonged to the erstwhile ..... or were only zellies. if on the date of rajasthan land reform and resumption of jagir act, 1952, came into force, the appellants were khatedar tenants of the land, they were to continue to be as such under section 9 of the said act.7. that apart, even if the appellants were not khatedar tenants and were zellies as .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN572
..... be said that the parties were ad idem on the question of referring their disputes to arbitration within the meaning of clause (a) of section 2 of the arbitration act so that it cannot be said that there is an arbitration agreement between them.7. i may in this connection make a reference to the ..... upon and acceptable by you and us.5. the question is whether this paragraph is an 'arbitration agreement' within the meaning of clause (a) of section 2 of the arbitration act 7 that clause defines 'arbitration agreement' as follows,--(a) 'arbitration agreement' means a written agreement to submit present or future differences to arbitration, whether ..... up of the kota straw board (private) limited, kota, hereinafter called 'the respondent company', an application has been made by the respondent company under section 34 of the arbitration act for stay of the proceedings. the question for decision therefore is whether that application should be allowed2. it will be sufficient to state, for purposes .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971CriLJ1405; 1970(3)WLN556
..... police (central bureau of investigation), at whose instance the learned magistrate has made the impugned order, to make an investigation into the case. section 9 of the evidence act provides that facts which establish the identity of any person whose identity is relevant, are relevant. it was therefore the duty of the investigating ..... was then made over to the central bureau of investigation, government of india, and the case was altered to one for offences under sections 148, 302, 307, 453 read with section 149 and section 120b, ipc during the course of the investigation, the deputy superintendent of police, central bureau of investigation, made an application on ..... officer, under the law, to collect that evidence, for section 4 (1) (1), criminal p.c. defines 'investigation' to include all the proceedings under the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj247; 1970(3)WLN550
..... judge, jodhpur, that some 8 named persons be declared as touts. the petitioner was not included in that list. the learned district judge acting under section 36(2a) of the legal practitioners act, 1879 asked the civil judge, jodhpur, to inquire into the matter and report. during the pendency of this inquiry the allegations against the ..... v. emperor. air 1930 lah 405.6. in order to appreciate the contention of the learned counsel it is necessary to notice the material part of section 36 of the legal practitioners act, which reads :--'36. power to frame and publish lists of touts. (1) every high court, district judge, sessions judge. district magistrate and presidency ..... secretary and could be inspected at any time and furthera copy of the report was also attached to the notice. the notice indicated that under section 36 of the legal practitioners act before a resolution could ba passed about holding the named persons in the report as touts, such a meeting was necessary. the notice was .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj6
..... whether the execution application dated 23-9-1954 was in accordance with law, it has to be seen whether the muzaffarnagar court before which it was made was competent to act upon it or in other words whether the transferee court could have granted leave to the decree-holder to cause the decree to be executed against phoolchand as prayed in .....
Tag this Judgment!