Court : Rajasthan
Reported in : 1972WLN8
..... rajasthan higher judicial service rules are not analogous to the relevant rules governing the i.p.s which came to be examined in wadhwa's case air 1966 section 423. from the tenor of the raj higher judicial service rules, i am unable to hold that the plaintiff-appellant who was appointed to officiate as distt ..... the court has to look to the surrounding circumstances as well. shri chander singh strongly relied on p.c. wadhwa v. union of india air 1966 section 423 and submitted that as he was holding a cadre post to which promotion could be made only on the basis of seniority and fitness and not ..... be substituted by the word 'governor' after 1-11-56 when a governor was appointed for the reorganised state of rajasthan in consequence of the state reorganisation act, 1956. part ii of the rules relates to the cadre. rule 6 laid down that the strength of the service and of each class of posts therein ..... was appointed to hold an inquiry, but before the completion of the inquiry his reversion was ordered. two of the hon'ble judges s.k. das, acting c.j. and ayyanagar j. negatived the contention of wadhwa that it had a right to go automatically info the senior scale. in other words, it ..... considered for promotion on future occasions.11. i have cart fully gone through the minute recorded by shri j.s. ranawat (ex. a/4) which has preceded the impugned order ex. 4/2. the acting chief justice bad remarked that the outgoing chief justice had inspected the plaintiff's work as district judge, ganganagar on .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN455
..... be better to look into the relevant provisions of the act. section 3 of the act defines what is the right of the pre-emption. section 4 lays down cases in which the right of pre-emption accrues while section 5 of the act gives the cases in which this right does not accrue. these sections read as follows:section 3.-'right of pre-emption' defined:the right of ..... pre-emption' is the right accruing under section 4 of this act, upon a transfer of any immovable property, to acquire such property and to be ..... ' vide webster's third new international dictionary, 1966, vol ii. the word 'proprietorship' means the state or fact of being a proprietor, owner of an exclusive legal right for a definite or indefinite time to the profitable use of corporeal or incorporeal property upon agreed terms vide ibid.8. it has been urged by the learned counsel for the petitioner that ..... ) 'transfer' means a sale, or a mortgage where the final decree for foreclosure in respect thereof has been passed.the word 'land' has been for the purposes of this act defined in section 2(v) as follows:2 (v) 'land' includes things attached to the earth, or permanently fastened to anything attached to the earth, when sold or foreclosed along with the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN38
..... oil could not be prejudicial to the purchaser, the admixture cannot be treated as adulterated article of food within the meaning of section 2(1)(a) of the act. section 2 deals with definitions. sub-section (1) of section 2 defines the word 'adulterated'.7. its clause (a) runs as under:(1) 'adulterated' an article of food shall ..... pure til oil but was admixture of til oil and ground-nut oil, it must be deemed to be adulterated within the meaning of section 2(1)(a) of the act. the food inspector in the present case demand from the accused a sample of til oil and if the accused sold to him ..... of food. such being the case, it is not always that the mixture of articles of food that invariably make an offender liable for an offence under section 7(1) on the ground that there was sale of an adulterated food.8. in that case, the food inspector purchased bengal gram flour & on ..... had sold pure til oil according to him, the person who purchased the sample was not the food inspector but his peon in his subsequent statement under section 342 cr. p.c. the petitioner stated that the peon first demanded ground nut oil from him which was supplied and filled in; three bottles. ..... contention raised on behalf of the petitioner that the two lower courts committed error in disbelieving the defence version and the defence witness produced in support thereof.4. the learned counsel for the petitioner next pointed out certain defects in the sealing of the sample bottles. it was pointed out that the sample was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN78
..... by its award dated 18th of february, 1970, declared that the board comes within the definition of 'industry' and that shri gupta also falls within the ambit of the expression 'workman' as defined in section 2(s) of the act and, therefore, the dispute raised by the union comes within the term 'industrial dispute ..... about the status of an employee, in relation to the requirements of section 4(1)(a)16. the case came up before their lordships of the supreme court in connection with the proceedings under the madras shops and establishment act where the expression 'employer' and a person in the position of management ..... gupta as a vyevasthapak of the training and production centre at sanganer organised by the board he cannot come within the definition of 'workman' and hence the dispute was not maintainable.4. mr. agarwal, appearing on behalf of the board, has addressed this court at length on these points of law. ..... us to the question as to whether the appellant is an employee whose case falls under the category of exempted cases provided for by section 4(1)(a). section 4(1)(a) refers to persons employed in any establishment in a position of management, and so, the question is when can a person ..... agarwal, however, has drawn my attention to the rajasthan khadi and village industries board (purchase of stores and stocks) rules 1961, where in rule 4, the powers for purchases have been given by these rules to certain authorities in the institutions run by the board. para 6 deals with the powers .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj168; 1972()WLN92
..... view was taken by the kerala high court in n. srinivasan v. state, air 1968 ker 158 (fb). in view of these judgments i am definitely of opinion that the courts of law cannot be called upon to go into the question of motive or the presence of the circumstances which prompted the ..... the legislation should have received the assent of the president before it becomes law. but the present ordinance does not in any manner amend those sections of the parent act which necessitated the presentation of the bill for the consideration of the president or require the assent of the president, and, therefore, in my ..... been put before the president for getting his assent before it was promulgated by the governor.13. if we examine the contents of section 9 of the parent act and compare it with the changes brought in it by the amended ordinance then it becomes clear that it does not confer any power ..... to have been conferred on the executive of the state government it was argued by mr. tewari that the effect of the amendment of section 9 of the parent act is only to do away with the representatives elected by the municipal council, otherwise in substance the constitution of the trust is the ..... same and there is not any material alteration in the constitution thereof.4. mr. bhargava, appearing on behalf of the petitioner, has placed reliance on the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj180; 1972()WLN49
..... holding that the previous judgments were judgments in rem.10. relevancy of judgments is dealt with by the group of sections 41 to 43 in the evidence act. i may read sections 41 and 42:'section 41. relevancy of certain judgments in probate, etc., jurisdiction. a final judgment, order or decree of a competent ..... a single member of the above committee we find that there is nothing in it which goes against the majority's opinion.sd/- tej singh,9-4-1945. his highness.'this judgment is of no mean importance. maharaja and his officers could have correctly appreciated the situation regardingthis temple on account of ..... of the public entitled to worship in that temple as of right? (3) are the temple expenses met from the contributions made by the public? (4) whether the sevas and utsavas conducted in the temple are those usually conducted in public temple? and (5) have the management as well as the ..... 3) shri ram and his ancestors carrying out repairs to the temple property or making new constructions in the residential portion of the temple property; (4) shri ram and his ancestors employing certain other persons for doing sewa puja on their behalf; (5) shri ram's father installing image of shri ..... shri ram defendant and reached the conclusion that this evidence was discrepant and unconvincing and apart from it, it was not receivable being based on hearsay.4. regarding the plea of adverse possession, the learned judge referred to the various pieces of evidence relied on by the defendant, such as, (1 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj6; 1972()WLN97
..... . it was dismissed on a preliminary objection that the appellant did not deliver a copy of his written representation to the rajas-than state road transport corporation as required by section 57 (4). it was contended on behalf of the appellant be-fore the tribunal that the representation, annexure p-5. which was admittedly delivered to it. should be treated as a ..... that he was entitled to file an appeal in this case against the grant of temporary permits to the rajasthan state road transport corporation under section 68-f (1-a) because he had opposed the grant of these permits before the regional transport authority without making any representation in writing. this point has not been ..... if a representation is made by an association representing persons interested in the provision of road transport facilities then only that association would be entitled to file an appeal under section 64 (f) and not individual members of it who did not make any individual representation against the grant of permit.5. the learned counsel for the appellant wanted to contend ..... appellant is an existing operator of dungarpur sagwara galiyakot route. the regional transport authority granted two permits to the rajas-than state road transport corporation under section 68-f (1-a) of the motor vehicles act for a route which completely overlapped the route of the appellant. a representation was filed opposing the grant by the dungarpur-sagwara banswara-galiyakot bus association .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj165; 1972()WLN111
..... that count was hardly justified.12. i may next turn to the relevant provisions of the rajasthan motor vehicles taxation act, 1951. section 4 lays down that'save as otherwise provided by this act or by rules made thereunder or by any other law for the time being in force, no motor vehicle shall ..... out for the purpose of agriculture. therefore, the other operations must be similar to tilling, sowing, harvesting or crushing. the inclusive part of the definition would take in carrying of the produce of farm to market towns and manure and seeds from market towns to farm. carrying of bricks from market ..... from the payment of the tax have been agreed to and are certified to exist by the rajasthan transport authority constituted under section 44 of the motor vehicles act, 1939 (act iv of 1939).' rule 29 relates to partial exemption from payment of tax in respect of motor vehicles used for the conveyance of ..... which undoubtedly it is, then it will be falling within the definition of the term 'goods vehicle'. the term 'transport vehicle' means a public service vehicle or a goods vehicle, (vide section 2, sub-clause (33).).9. now sub-section (1) of section 42 provides for necessity for permits. it inter alia lays down ..... the tractor and the trolley and to have filed a complaint in the court. the mere fact that the offence under section 42 read with section 123 of the motor vehicles act was also added will not mean that the prosecution on that count was necessarily mala fide. it may be on account .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN702
..... j.1. all these five writ petitions relate to the acquisition of land in village bharda tehsil chittorghargh for which notifications under section 4 & 6 of the rajasthan land acquisition act were issued by the state government, which have been challenged by the petitioners by filing these five separate petitions and therefore 1 propose ..... to dispose them of by one judgment, on 4-3-1966, the state government issued a notification under section 4 of the rajasthan land acquisition act. another notification purporting to be under section 6 of the act was thereafter issued by the state government and the same was published in the ..... question of the jurisdiction of the tribunal and he refused to take part in the proceedings before the tribunal. in that case the notification under section 4 was published in the rajasthan gazette of february 14, 1957; and the award was given on june 27, 1960, but the contention of the ..... to be a bar on the ground of laches.14. similarly, in prem nath v. state of j & k (supra), a notification under section 4 was issued in 1953 and the award was given in 1954. the writ petition was filed in 1958. the question of delay was however decided by ..... the supreme court in tilok chand motichand v. h b munshi (supra) are applied to the circumstances of the present case, then i am definitely of the opinion that the petitions have been filed with considerable delay and the same has not been explained by the petitioners even when an opportunity .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN70
..... , if possible....applying these tests to the present case and in the light of the provisions of section 29 of the indian contract act, it is clear that the clause impugned is capable of being made certain and definite by proof that between the parties or in the trade or in dealings with parties in british east ..... to and disposed of by that court.(4) nothing in sub-section (1) or sub-section (3) shall apply to any proceeding pending in appeal before the supreme court or a high court.6. sub-section (1) corresponds to section 171 of the companies act 1913 and section 231 of the english companies act, 1948 it is settled law both in ..... lease in accordance with the said high court decree.a winding up application against the company was filed in the court of the learned company judge on 4-7-66. a provisional liquidator was appointed on 5-12-67 and a winding up order was made on 10-5 68. after the winding up ..... (p) ltd. (hereinafter referred to as 'the company',) made defaults in payment of rent and municipal taxes which were payable by it. ultimately on 11-4-66 the appellants instituted a suit against the company for recovery of arrears of rent and for eviction under the provisions of the bombay rents, hotel and lodging ..... in view of this the learned company judge was of the opinion that there was no point in continuing the suit for the grant of this relief.4. as for relief (2) the learned company judge was of the opinion that on the basis of admitted facts as disclosed by the plaint and the .....
Tag this Judgment!