Court : Rajasthan
Reported in : 1971WLN194
C.M. Lodha, J.1. There are two connected appeals filed against the single judgment and decree by the District Judge, Ajmer dated 15 3 1965 in Civil Appellate Nos. 337 and 366 of 1965 arising out of a suit for redemption of mortgage.2. On 9-3-1908 one Brij Mohanlal mortgaged, undivided 1/4th share belonging to him in the house in question situated in the city of Ajmer with Dewan Bahadur Ummedmal, ancestor of defendants Nos. 4 and 5 Sobhagmal and Sampat Mai for a sum of Rs. 10 000/-. On 2-12-1918 Brij Mohanlal sold away the equity of redemption in the mortgaged property to one Suwalal who was the owner of the rest of the 3/4th share in the house. Defendant No. 4 Sobhagmal filed a suit for partition and possession of 1/4 share in the house against Suwalal and others in the Court of Sub-Judge. First Class, Ajmer and obtained a preliminary decree on 20 12-1928 vide Ex. A. 2. This decree was confirmed in appeal by the Tudicial Commissioner, Ajmer-Merwara by his judgment dated 25-9-1932. On 3...
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN360
..... distance of more than four feet. moreover, these signs may be absent even when the weapon is pressed tightly against the skin of the body, as the gases of the explosion and the flame, smoke and particles of gunpowder will all follow the track of the bullet in the body.in the present case from the evidence of mst. shanti, it ..... body, or within a few inches of it, the whole charge of shot enters as one mass, followed by the wad and the still highly compressed gases resulting from the explosion.the learned author further says that:if the gun be held some what farther away from the body, the shot will enter an mass, but the gases will no longer ..... and the gun. he did not produce any evidence in his defence. the trial court, by its judgment, dated november 12, 1970, convicted surjan singh under section 302, i.p.c. and section 27, indian arms act, and and sentenced him to death on the former count but declined to pass separate sentence on the latter count it acquitted the co-accused hanuman .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN(UC)19
..... was paid.on behalf of the department it is contended that costs should be mad easy as the assessment of the company was made on giving notice under section 34 of the income-tax act, 1922. we do not see sufficient reason to deprive the assessee of its costs on this ground. we accordingly direct that the assessee will be entitled to ..... the above question against the assessee on the ground that there was no definite evidence as the total income of the company witting the meaning of the indian income-tax act on account of which the rates of tax applicable to it could be ascertained, the high court therefore refused to answer the second part of the above question en the ..... jagat narayan, c.j.1. this is a reference under section 66(1) of the indian income-tax act, 1922.2. the assessee is a hindu undivided family. the assessment year is 1950-51 and the relevant accounting year the assessee was a share-holder of the associated stone .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj123; 1971(4)WLN275
..... and the erroneous belief prevalent during the relevant period, i am of the view that the appellants are entitled to the benefit of section 5 of the limitation act. i, accordingly, actingunder section 5 of the limitation act, condone the delay in filing these appeals.' thus in the punjab case the applicant was misled by the judgment of the high court ..... that an erroneous belief that no decree-sheet was required to be submitted along with the memo of appeal is a sufficient cause within the meaning of section 5 of the limitation act. in the punjab case the facts were distinguishable. the erroneous belief had occurred on account of a decision of g. d. kho-sla, j. ..... copy and obtained the same. the learned single judge held that a copy of the decree-sheet was required to be filed and the reasons given under section 5 of the limitation act were not sufficient for extending the limitation. he dismissed the appeal as time-barred. he, however granted leave to file special appeal.4. we have .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972CriLJ704; 1971(4)WLN327
..... it was the accused who had hit the cow with the axe, there is the further question whether this will constitute an offence under section 3 of the act. at this point we may read section 3 of the act:section 3. causing serious bodily injury to a cow etc. - whoever intentionally causes serious bodily injury to a bull, cow or calf shall be punished ..... is an appeal by the state against an order of acquittal passed by the learned sessions judge, partabgarh, in a case under section 3 of the rajasthan preservation of certain animals act. 1970, hereinafter to be referred as the 'act'. 2. the allegation against the accused respondent was that on 23-6-1968 he had hit a cow with an axe on the ..... fractured. in view of this statement of the doctor, we are unable to come to a conclusion that the injury sustained by the cow was serious within the meaning of section 3 of the act. in the circumstances we are not inclined to interfere with the order of acquittal.accordingly the appeal is hereby dismissed. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN182
..... to bring in wagers within its fold.though their lordships were dealing in that case with the interpretation of the term 'immoral' as used in section 23 of the contract act, but it does throw much light on the question whether the wagering transactions are repugnant to public morals. the court also observed while dealing with ..... particular society. in short, no universal standard can be laid down and any law based on such fluid concept defeats its own purpose. the provisions of section 23 of the contract act indicate the legislative intention to give it a restricted meaning. its juxtaposition with an equally illusive concept, public policy, indicates that it is used in ..... air1958cal703 the question was whether an agreement to enter into an agreement by way of wager was against public policy or immoral within the meaning of section 23 of the contract act. on the question of immorality it was held that:it is equally impossible for a court to hold that such dealing is immoral. on questions of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN163
C.B. Bhargava, J.1. This is appeal by the defendants from the judgment and decree 19-1-1963 of the District Judge, Udaipur, arising out of a suit for recovery of Rs. 16828/-.2. Shortly stated the case of the plaintiffs in the court below was that on 1st May, 1948, they took a If also of a Cinema house known as Summer Tallies situated at Kishargarh from Maharaja Sumersingh of Kishangarh for a period of five years on a monthly rent of Rs. 2500/- On 6th August, 1948, it was orally agreed between the plaintiffs and the defendants at Udaipur that the said Cinema house be sublet to the defendants on the same terms and conditions en which they bed taken it from Maharaja of Kishangarh. On 7th August, 1848, in pursuance of the said oral agreement possession over the Cinema house was delivered to the defendants and they also executed an agreement en 10th August, 1948, at Kishengarh by which they undertook to pay the monthly rent of Rs. 2600/- directly to Maharaja of Kishangarh, and in case they ...
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN321
..... sadul shahar & proceeded to invite objections and suggestions within one month from the date of the notification. in exercise of the powers conferred by sub-section (1) of section 4 of the act the state govt., vide its notification d. 24.6.1964 published in the rajasthan gazette, dated 3.9.1964, proceeded to declare the area ..... hanumangarh junction.5. learned counsel for the petitioner, while arguing the stay application, submitted that their is no recognised organisation of the agriculturists as, mentioned in section 7(1) of the act and rule 6(1)(a) of the rules and, therefore, all persons paying not less, than rs. 10/- per year by way of rent or ..... bf agricultural produce, mentioned in the previous notification a market committee was also constituted by the same notification in exercise of the powers conferred by sections 6 and 8 of the act. the committee was incorporated by the name krishi upaj mahdi samiti, hanurnangarh junction for the said market area in respect the sale and purchase of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj31; 1971(4)WLN287
..... is actually disturbed when compensation for such disturbance might be recovered under this chapter; (b) if the disturbance is only threatened or intended when the act threatened or intended must necessarily, if performed, disturb the easement.' 8. section 35 provides for the remedy of injunction in case of actual disturbance of threatened or intended disturbance to an easement. clause (a) deals with ..... easement has been actually disturbed. in support of his contention learned counsel has invited my attention to section 35 of the easements act (act no. v of 1882) which reads as under:--'35. injunctions to restrain disturbance subject to the provisions of the specific relief act, 1877, sections 52 to 57 (both inclusive), an injunction may be granted to restrain the disturbance of an easement .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN(UC)31
..... what was strictly required under the contract voluntarily.21. it cannot therefore be said that the buildings were made for the defendant within the meaning of section 70 of the contract act. the plaintiffs are therefore not entitled to recover the cost of the buildings from the defendant.22. the plaintiffs will however be entitled to remove ..... expenses for guarding the plant and the buildings from the date of the expiry of the licence till the institution of the suit. after serving notice under section 80 c.p.c. and the expiry of the period of that notice, the plaintiffs should have removed the plant as the defendant had failed to exercise ..... pay: compensation for the buildings constructed by the plaintiffs for installing the the distillery etc. under section 70 of the contract act. we are unable to agree with the findings of the trial court op this point. section 70 of the contract act runs as follows:where a person lawfully does anything for another person, or delivers anything to .....
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