Court : Rajasthan
Reported in : 1971WLN632
..... kedarnath and ramkishore were competent in the year 1953 as co-owners of the property to institute a suit for partition relating to the disputed property.8. section 44 of the transfer of property act lays down that:where one of two or more co-owners of immovable property competent in that behalf transfers his share of such property or any interest ..... this, the plaintiff is a near relation of the parties. he is the husband of the daughter of ram prasad who was ramdeo's brother according to the hindu succession act, a brother's daughter is an heir of class ii and cannot be regarded as a stranger to the family.17. the appeal has, therefore, no force and is dismissed .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj116
..... court about the execution of the pronote in favour of the creditor could not be set aside by the learned district judge while exercising jurisdiction under section 17 of the act which, according to learned counsel for the petitioner, is a very limited jurisdiction. besides this objection, various other objections were taken by the petitioner ..... relief court has been rightly rejected by the said court which the learned district judge had the power to do while exercising his revisional jurisdiction under section 17 of the act; the inferences, therefore, drawn by the learned district judge cannot be said to be perverse and this court in the exercise of its extraordinary ..... even then the decision of the subordinate court would not be called a decision contrary to law, and the revisional court will have no power under section 17 of the act to exercise the jurisdiction conferred thereunder to disturb the pure finding of fact.9. for the reasons mentioned above, the order passed by the districtjudge .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971(4)WLN543
..... to let out portions of a public highway for putting up stalls for carrying on business this could not be done by framing any bye-laws. section 129 of the act which provides for framing bye-laws does not contain any clause specifically empowering the municipality to frame bye-laws about letting out parts of public highways on ..... have a continuing cause of action, their suit cannot get barred by limitation so long as the wrong continues and there is no question of application of section 28 of the limitation act. the suits were dismissed on the finding that special damage had not been proved by the plaintiffs.54. in kuchibotha kanakamma v. tadepalli ranga rao, ..... the plaintiff-respondents, it was also contended that the municipality as well as the other defendants who hold through it are trustees within the meaning of section 10 of the limitation act and the present suit is for restoring the land of the public street which has been utilised for purposes repugnant to the trust and, therefore, it .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj83
..... title on the transferee. indeed, any other reading of it would make a serious inroad on the whole scheme of the transfer of property act.'it therefore appears that section 53a cannot be said to confer a right of action on a transferee in possession under an unregistered contract of sale so that it is ..... implication to the contrary, the alleged prerogative would not be available and the ruler would be bound by the ordinary law. a perusal of the jaipur registration act, 1944 shows that section 17 (1) thereof provided, inter alia, for the compulsory registration of non-testamentary instruments purporting to or operating to create, declare, assign, limit or ..... required to be registered, has not ' been registered, or the instrument of transfer has not been completed in the manner prescribed therefor by section 54 of the transfer of property act. the defendants are debarred from enforcing any right against the transferee in respect of the suit property.the learned counsel has argued further that .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN452
..... order on the grounds that it was made without hearing him and without making any enquiry, and also because he was a workman and was governed by the industrial disputes act. he therefore filed the present writ petition on may, 28 1970 along with a stay application for restraining the respondents from retiring him until after the disposal of the petition .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj98; 1971(4)WLN448
..... executed a 'khata' for rs. 355/9/9 on 21-11-50 in favour of the plaintiffs. on 14th january, 1952, plaintiff ram swaroop made an application under section 4 (1) of the act, as extended to the erstwhile state of aimer, in the court of the debt settlement officer, tehsil aimer, for adjustment of the suit debt, it appears that ultimately ..... be sustained. it further appears to me that the question whether ram swaroop was minor at the time of filing of the claim under the act cannot affect the question of extension of the limitation under section 52. in this view of the matter i set aside the finding of the learned senior civil judge that the plaintiffs are not entitled to ..... would not apply in any other contingency.12. for the reasons aforesaid the courts below were, in my opinion, wrong in not giving benefit of section 52 of the act to the plaintiffs and thereby dismissing the suit on the ground that it was barred by limitation.13. in the result i allow the appeal, set aside the judgments and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj196; 1971(4)WLN560
..... v. pushkar dutt sharma, 1965 all wr 274 (sc). in that case the supreme court was dealing with the second proviso to section 15(2) of the payment of wages act which permits an application under section 15(2) to be made after six months if the applicant satisfied the authority that he had sufficient cause for not making the application ..... court that there was difference of judicial opinion on the question whether in such a case it would have been competent to the respondent to move the authority under section 15(2) when his claim had been dismissed by the appellate court but the supreme court did not go into the question further as it was unnecessary in ..... reasons which influenced the mind of the authority to come to the above decision. it is contended that the punishing authority in passing the order of removal was acting as quasi-judicial authority and as such it should have made an independent judicial approach to ascertain the truth of the allegations made against the plaintiff. the fact .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj38; 1971(4)WLN691
..... matters and of all matters connected with settlement are under the control of the board of revenue. for this purpose my attention is drawn to sub-section (2) of section 23 of the act, which defines the expression 'judicial matter'. according to it 'judicial matter' means a proceeding in which a revenue court or office has to determine ..... to the right of way between the parties and, therefore, the determination of this question falls within the definition of 'judicial matters' as defined in section 23 (2) of the act and hence the revision could lie before the board of revenue and not before the government it is, therefore, vehemently argued that the order passed by ..... not fall within the purview of the expression 'non-judicial proceedings' no revision could lie to the government.3. argument of the petitioner is that section 23 of the act provides that the control of all non-judicial matters connected with revenue in the state, other than matters relating to the settlement is vested in the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN445
..... and a subordinate. wording to him, to constitute an offence under section 40 of the act the accused should be subordinate to the person against whom the offence is alleged to have been committed. in elaborating his argument, it was contended that the ..... made four averments to challenge his conviction.6. in the first instance, the learned counsel for the petitioner emphasis the expression 'his superior' appearing in section 40(a) of the act and contended that the use of the provision 'his' preceding 'superior officer' has been used to introduce the conception of a relationship of a boss ..... the offence was alleged to have been committed by the petitioner, was certainly a superior officer within the definition of clause (xxiii) of section 3 of the army act, 1950 (hereinafter called the act). it is also not in dispute, that ramlal was superior to the petitioner so far as the army ranks were concerned.5. the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN467
..... should have prepared a list of the suitable candidates and arranged their names in order of merit. on these premises mr. daphtary has argued that it was merely a ministerial act for the secretariat of the commission to forward the list to the government so that there was substantial compliance with the provisions of rule 20.13. i have already made ..... for the commission to discharge the duty of conducting the examination by entrusting it to one or more of its members and that it was not necessary for it to act in a body. in fact my attention has not been invited to any general or special requirement of any law under which it could be said that it was necessary .....
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