Court : Rajasthan
Reported in : AIR1972Raj293; 1971(4)WLN355
..... converted into one by the mortgagees so as to make it impossible for the mortgagors to redeem. learned counsel for the respondents failed to show why the subsequent conduct and acts of the mortgagees should not be taken into consideration. 7. in v. c. soni v. gokaldas, air 1953 bom 408, the amount advanced was a small one of rs. 176 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN351
..... town.6. in order to correctly appreciate the contention raised by the petitioner, it will be convenient to look to the scheme of the rajasthan urban improvement act, 1959. section 52 of the act deals with the compulsory acquisition of land and it provides : '(1) where on a representation from the trust it appears to the state government that ..... in as much as no opportunity was given by the government to the petitioner of being heard in compliance with sub-section (3) of section 62 of the act.8. mr. bhandari, appearing on behalf of the petitioner, in support of his argument has placed reliance on a supreme court case in gullapalli ..... not given any opportunity of being heard by the government on the cause shown by him in pursuance to the notice issued to him under sub-section (2) of section 52 of the act. the decision of the state government, according to the petitioner, stands vitiated as it was passed in clear violation of the principles of natural justice .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971CriLJ1656; 1971(4)WLN241
..... the crime, absconding is a useful piece of corroborative evidence and facts tending to explain the fact of absconding would be relevant under section 9 of the evidence act: vide illustration (c) to section 9 of the act. in support of this proposition reliance is placed on chandrika prasad v. emperor a.i.r. 1930 oudh 324. the relevant portion ..... of what the doctor observed during the relevant time for the purpose of corroboration or to contradict whatever he .might say in the witness box. sections 159 to 161 of the evidence act permit only limited use' being made of the post-mortem report,, namely, that it can be used by the witness who prepared it for the ..... to which he pleaded not guilty. in support of its case, the prosecution examined 36 witnesses and produced as many as 47 documents. in his statement, recorded under section 342, cr.pc, the accused denied to have committed any offence. his plea was that the prosecution witnesses were telling deliberate lies. he denied the recovery of the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1971)IILLJ291Raj
..... these rules the pay, allowances, pension, leave and other conditions of service of the members of the service shall be regulated by rules made under section 297 of the act, and pending the issue of such rules, by the following rules--(1) the rajasthan service rules, 1951 (except provisions relating to pension and payment ..... from the purview of the scope of the term 'industry'.15. the petitioner is admittedly employed as secretary, jodhpur municipal council. under section 307 of the rajasthan municipalities act, 1959 the state government is required to appoint a commissioner for every council but a council may decide to appoint a secretary in addition ..... municipal council are administrative. the petitioner therefore falls in our opinion within exception (iii) contained in the definition of 'workman' given in section 2(s) of the industrial disputes act, 1947, namely 'who is employed mainly in a managerial or administrative capacity'. the petitioner cannot therefore be treated as a workman.16. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN131
..... 1945 pc 128. a perusal of the cases relied upon the learned counsel for the respondents gees to show that subsequent to the ceaser of commensality there were such clear acts of the parties, which left no manner of doubt that ceaser of commensality was merely by way of conveniences, & as a matter of fact no partition had taken place. however ..... a case, when the question arises as to whether there has been a partition or not, the intention of the parties as to separation can only be inferred from their acts. the question is one of the fact to be decided with due regard to the cumulative effect of all the facts and circumstances and primarily the burden of showing that .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN339
..... himself from ejectment and avoided the consequences of he said default only by making an application and depositing the arrears of rent together with interest as provided in section 13 (4) of the act on the first date of hearing. as he did not do so, there was no other course open to the court but to decree the suit for ..... the question that arose was whether the tenant was bound to deposit all rent which fell in arrears during the time of the previous land-lord under section 17 (1) of the premises tenancy act. it was held by the learned judges that the assignment was not of rent at all but it was assignment of rent because the person who transfers ..... of the property by the sale deed ex. 1.9. i may new consider the relevant provisions of the rajasthan premises (control) of rent and eviction) act, 1960 by which the present case is governed. section 3(iii) deforms landlord as below:3(iii) 'landlord' means any person who for the time being is receiving or is entitled to receive the rent .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN343
..... plea taken by the respondents and held that the respondents were distributors of blades and not their dealers he, therefore, acquitted the accused of the offence under section 3, read with section 7, essential commodities act, 1055, by his judgment, dated february 11, 1970.3. against the above verdict, the state has preferred this appeal. learned counsel for the state submits that the ..... , 1966, (hereinafter referred to as the order). the question arises in this manner.2. the respondents asharam and prahled were charged for having committed an offence punishable under section 7 of the essential commodities act, 1955. the respondents were found storing 1400 erasmic blades in their shop, known as asharam dani, for the purpose of sale, at pali, without displaying their price .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN236
..... such a challenge could be made and a court of law would not be precluded from going into the question merely on account of the provisions of section 5 of validating act. the learned judge was, therefore, not right in reaching the conclusion that the suit was not maintainable the plaintiff was no doubt not entitled to challenge ..... the defendant no. 2 appointed as professor and director of the commerce college because, the learned judge thought, such inquiry was hatred under cl. (iii) of section 5 of the act. in the result, the learned judge decided issue no. 27 in favour of deft no. 2 having recorded an order disposing of issue no. 27 the ..... argument of the learned counsel for the plaintiff that, the action of the syndicate was against the principal act observed that section 5(iii) of the validating act made it abundantly clear that notwithstanding anything contained in she- principal act any action taken by the re-constituted authority shall be deemed to have been validly taken. the learned .....
Tag this Judgment!Court : Rajasthan
Reported in : (1971)IILLJ295Raj; 1971(4)WLN97
..... in these rules the pay, allowances, pension, leave and other conditions of service of the members of the service shall be regulated by rules made under section 297 of the act, and pending the issue of such rules, by the following rules--(1) the rajasthan service rules, 1951 (except provisions relating to pension and payment of medical ..... may, 1969 appeared in the rajasthan gazette dated i6th may, 1969 under which the rajasthan municipal service was created and constituted by the government under section 302 of the rajasthan municipalities act, 1959 with effect from 1st april, 1960. the name of the petitioner is to be found in the list of revenue officers, grade ii ..... one of the grades, the rajasthan municipal service rules, 1961 or 1963 could not be applied to him. there is a specific provision under section 297 of the rajasthan municipalities act enabling the government to fix tenure of service of municipal employees and in exercise of this power rule 56 of the rajasthan service rules was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN235
..... or the personal safety of others is liable to be punished in the manner provided there under. under section 338, i.p.c., whoever causes grievous hurt to any person by doing an act so rashly or negligently as to endanger human life of the personal safety of others is liable to be mashed in ..... convenience, decency and morals. an offence under section 279, i.p.c., is essentially an offence against public safety. by section 337, i.p.c., causing hurt by an act endangering life or personal safety of others is penalized. under that section, whoever, causes hurt to any person by doing an act so rashly or negligently as to endanger human life ..... the manner provided thereby. these sections are covered by chapter xvi, which deals with offences affecting human body. undoubtedly, section 279, i.p.c. penalizes rash or negligent .....
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