Court : Rajasthan
Reported in : 1971WLN273
..... see no force in the objection raised by the petitioner that the minimum wages were fixed in violation of the mandate contained in the proviso to sub-section (2) of section 5 of the act. earned counsel for the petitioner is not prepared even today to contradict the statement made at the bar by mr. purohit. i also do not ..... servant is absent in the relationship of the petite with these bidi-rollers. it is contended that the state government issued a notification section order 26 on 25 march, 1969, under the provisions of the act and thereby fixed the minimum wages of rs. 2/- per 1000 bidis for bidi-rollers the fixation of these minimum wages, according ..... said that the notification suffers from the defect of violating the mandate contained in the proviso to sub-section (2) of section 5 of the act. it was also argued by learned deputy government advocate that to attract the provisions of the act it is enough if the relationship between the petitioner and the bidi-rollers was that of employer .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj25
..... fact that the other attesting witness manohar datt has not been produced, does not detract from the testimony of p. w. 6 narayan sahay. all that section 68 of the evidence act says is that if a document is required by law to be attested it shall not be used as evidence until one attesting witness at least has been ..... was immoral? it was held that the deed of transfer being a gift no question of consideration arises as gift is a transfer without consideration (vide section 122 of the transfer of property act).the learned judge further observed that so long as krishna panicker regarded the plaintiff as his lawful wedded wife, it cannot be said that the object ..... gift in question should be considered as invalid on account of its object being immoral or opposed to public policy or is otherwise unlawful within the meaning of section 23 of the indian contract act. 1872? the word 'object' obviously refers to some purpose or decision for which a transfer is made or as observed by patkar j., in sabava .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN488
..... fact that the other attesting' witness manohar datt has not been produced, does not detract from the testimony of p. w. 6 naram sahay. all that section 68 of the evidence act says is that if a document is required by law to be attested it shall not be used as evidence until one attesting witness a' least has been ..... was immoral? it was held that the deed of transfer being a gift no question of consideration arises as gift is a transfer without consideration (vide section 122 of the transfer of property act) the learned judge further observed that so long as krishna panicker regarded the plaintiff as his lawful wedded wife, it cannot be said that his object ..... gift in question should be considered as invalid on account of its object being immoral or opposed to public policy or is otherwise unlawful within the meaning of section 23 of the indian contract act, 1872? the word 'object' obviously refers to some purpose or decision for which a transfer is made or as observed by patkar j., in sabava .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN(UC)66
..... is liable to be taken into consideration in computing the turnover of the assessee. prime facie this question is a question of law as' contemplated by section 15(1) of the act. the board of revenue refused to submit that question oft the ground that question is covered by a decision of the division bench. the high court ..... ii) any transaction in connection with, or incidental or ancilliary to, such trade, commerce, manufacture adventure or concern....now we may turn to section 3. that section says:(1) subject to the provisions of the act, every, dealer whose turnover in the previous year in respect of sales or supplies of goods exceeds-(a) in the case of a dealer ..... as mentioned earlier rejected it on the ground that the turnover in question comes within the definition of 'business' in clause (c) of section 2 of the act.the expression 'turnover' is defined in section 2(t). it says:'turnover' means the aggregate of the amount of safe prices received or receivable by a dealer, in respect of the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN373
..... guaranteed under this licencing system is the payment of the excise duty by the licensee. when we read the provisions of section 24 along with section 30 of the act, the meaning is automatically clarified. section 24 of the act empowers the excise commissioner to grant a licence to any person for the exclusive privilege of telling by retail any country liquor ..... articles.19. by issuing notification no. f.4(25)fd/ex/68 dated 15th november, 1968, the state government in exercise of the powers conferred under section 28 of the act fixed different rates of excise duty per lp litre on different strength of varaties of country liquor. it is admitted by parties that while fixing the issue price ..... the shape of the liquor whereas under the exclusive privilege system he is required to pay the excise duty as lump sum fixed by the commissioner under section 30 of the act read with rule 67-1 of the rules by drawing liquor of the value which may be sufficient to pay off the guaranteed part of the issue .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN381
..... favour of the employee. he further held, that the expression 'terms of employment' or under the 'terms of employment' used in sub-section (iv) of section 2 of the payment of wages act cannot be read to imply merely contractual terms of employment and would in the ordinary meaning of that expression include payments which it is the ..... the nature of his employment; or(6) any gratuity payable on the termination of employment in cases other than those specified in sub-clause (d).section 15(1) of this act further provides that 'the state government may, by notification in the official gazette, appoint a presiding officer...to be the authority to hear and decide ..... the employer disputes his liability to pay bonus, the dispute relating to the same becomes an industrial dispute by virtue of the deeming provisions in section 22 of the payment of bonus act & is to be dealt with under industrial law. it was further observed that after such industrial dispute is settled either by settlement or agreement .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN396
..... of the two degs is the property of the syedzadas, but that again is an admission in favour of the syedzadas which is inadmissible in evidence under sec 21 of the evidence act. the utmost that may be inferred from all these documents is that during the period from 1933 to 1942 the syedzadas not only realised their own share ..... to receive the income of the two degs being a self-serving statement or an admission the syedzada khadims in their own favour has no evidentiary value. under section 21 of the evidence act, an admission when it is in favour of the party seeking to use it is inadmissible in evidence unless it falls within the exceptions mentioned in the ..... the plaintiffs relied upon ex. 18 and ex. 19, tea and twenty years' settlement records respectively. ex. 18 pertains to the year 1872 and ex. 19 to the year 1884. both these documents relate to the property acquired by the municipality, ajmer, and oh which the town hall now stands. they do not relate to the property in question. these .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj55; 1971(4)WLN387
..... itself or an officer duly authorised on its behalf. i am alive to the fact that their lordships were dealing with a notice of cancellation of lease under section 10 of the ferries act. but, in my opinion, the observations made by their lordships apply to a considerable degree even in the case of a notice required to be served ..... it was not said in the notice that the officer had been authorised by the government to give the notice. it was further observed that a notice under section 10 of the act must on its face show that what is being conveyed is government's intention to cancel a lease, and that it is being conveyed either by government ..... case the lessee breaks an express condition which provides that on breach thereof, the lessor may re-enter. in this connection reference may be made to section 111(g) of the transfer of property act which provides that lease of immovable property determines by forfeiture, that is to say, (i) in case the lessee breaks an express condition which provides .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN620
..... appointed by the state government can certainly find out a solution to give a rational basis to the rates prescribed by the state government under section 10 of the act in different municipalities.42. after this judgment, the chun is likely to be flooded with writ petitions of this nature challenging the outrageous, differences ..... the main source of income for the municipalities in rajasthan, but when different rates are prescribed by the state government under the authority exercised under section 104 of the act, it must be justified on some rational basis. simply because a particular municipality requires more funds to discharge its primary and secondary functions, the ..... and beawar have, however urged that these two councils have taken up different projects under the secondary functions of the councils as prescribed under section 101 of the act and therefore, they require larger funds to discharge their duties and functions and hence their case stands on a different footing from the case .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj95
..... a scheme in each case for the repayment of loan to the creditors by the debtor when the debt is determined under the provisions of section 10 of the act. the object for which the act has been enacted by the state legislature is fulfilled when the debt of the co-operative societv is required to be determined and paid under ..... the matter of payment by the agriculturist from the debts due to other bodies or individuals.11. learned counsel appearing on behalf of the petitioner, however, urged that section 2 (b) of the act was challenged before this court in ram rakh v. creditors, ilr (1969) 19 raj 821 and the court, after considering the arguments at length, has held that ..... that the petitioner may be allowed to raise the question of the jurisdiction of the debt relief court by taking recourse to the provisions of clause (k) of section 4 of the act, but in view of the argument advanced by mr. jain that this provision of the law is ultra vires article 14 of the constitution a notice was given .....
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