Court : Rajasthan
Decided on : Jan-09-1973
Reported in : [1975]99ITR354(Raj); 1973()WLN14
..... of all the properties comprising the estate for purposes of wealth-tax will apply. we have already noticed above that the provision in section 4(6) of the wealth-tax act was enacted corresponding to section 9(4) of the income-tax act with effect from april 1, 1965. we are not at all impressed by the submission that the fiction can be made applicable in ..... ownership of the junior members of the family. in that case lord blanesburgh, after stating that the judgment of lord dunedin in baijnath prasad singh v. tej bali singh had definitely negatived the view that the decisions of the board in sartaj kuari's case and the first pittapur case were destructive of the doctrine that an impartible zamindari could be ..... an impartible raj to dispose of the same by deed (sartaj kuari's case) or by will (the first pittapur case and protap chandra deo v. jagdish chandra deo ), remains definitely established, the right of the junior branch to succeed by survivorship to the raj on the extinction of the senior branch has also been ..... definitely and emphatically reaffirmed. nor must this right be whittled away. it cannot be regarded as merely visionary. as was pointed out in baijnath prasad singh's case , when before the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-18-1973
Reported in : AIR1973Raj295; 1973()WLN65
..... .50 each were purchased in the name of ramkanwari deceased by one satyanarayan son of daulal. the witness, however, expresed his inability to say definitely that propounder madanlal had really come to him for the purchasing of the stamps in the company of other persons. regarding the testimony of this ..... to be proved in the first instance like any other document, but over and above it the special requirements of attestation prescribed by section 63 of the indian succession act, have to be proved., the test to be applied regarding the proof of the will, will be the usual test of the ..... propounder and then the only other attesting witness who was examined was none other than the real brother of the propounder. he is p. w. 4 banshilal. thus, argues learned counsel, the evidence led by the propounder not being of disinterested persons, should not have been accepted as sufficient. apart ..... his cross-examination clearly stated that stamps were purchased by satyanarain on 28-12-1963 at the instance of mst. ramkanwari who had given him 4 or 5 rupees for making such purchases. as stated earlier, madanlal scribe clearly stated on oath that stamps were given by mst. ramkanwai to ..... the deceased smt. ramkanwari. in this regard the learned judge accepted the evidence of the scribe madanlal (p. w. 2) and that of p. w. 4 banshilal, brother of the propounder madanlal. the learned judge further found support from the circumstance that the other persons related to smt. ram-kanwari, namely, banshilal, .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-20-1973
Reported in : AIR1973Raj244; 1973()WLN52
..... canal area if leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the proviso to the sub-section (i) of section 15 of the tenancy act and no khatedari right shall accrue or shall be deemed ever to have accrued in any such land. this provision in the opinion of the learned single ..... alia on the grounds that the appellants were khatedar tenants and could not be described as unauthorised occupants; that thev became khatedar tenants prior to the enactment of section 15a of the tenancy act that section 15a contravenes article 31 and 2nd proviso of article 31a(1) because it does not provide any compensation much less compensation at the rate of market value ..... terms whatsoever notwithstanding anything contained in any law or document or in the act and such lands shall be deemed to have been let out only tem-porarilv. section 15a was clearly retrospective.4. some of the tenants of the former bikaner state challenged the validitv of section 15a of the tenancy act before this court and by its judg-ment dated 18-7-1962 ..... set aside.30. the learned single judge in the penultimate paragraph of his judg-ment dated 18-4-1972 has observed that 'the petitioners have been cultivating the lands under the interim orders issued from time to time by this court. they had given a definite undertaking that if their petitions werp ultimatelv dismissed by this court, thev would hand over the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-20-1973
Reported in : AIR1973Raj254; 1973()WLN107
..... make better provisions for the colonisation and administration of lands in raiasthan. section 2 is the interpretation clause and section 3 says that the act shall apply to all lands in a colonv. we have already noticed the definition of the word 'colony' earlier. section 4 gives power to the government to withdraw a colony or any part of a colonv from the operation of all ..... otherwise provided in this act. the laws relating to agricultural tenancies, land, the powers ..... or any of the provisions of this act. section 5 lays down that except as ..... . one under the ordinary law and the other a drastic and more prejudicial remedy under the present act. the words 'the collector may make an order of eviction' in section 5 show that the section confers discretionto adopt the procedure under sections 4 and 5 or not. section 5 has left it to the discretion of the collector to make suchan order in the case of .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-29-1973
Reported in : AIR1974Raj124; 1973()WLN116
..... 1-1-1954. strictly speaking therefore the defendant was neither a tenant nor a sub-tenant within the definition of section (1) of the act.13. sections 41 and 44(4) of the act run as under :--'section 41. cutting off or withholding essential supply or service-- (1) no landlord, either himselji or through ..... that the defendant was neither a tenant nor a sub-tenant within the definition of 'tenant' given in section 2(1) of the act.2. that the only person entitled to file a complaint under section 44(4) of the act is the tenant and since the defendant was not the tenant, he had ..... section 44(4) of the act as he was neither a tenant nor a subtenant of the premises occupied by him. the learned counsel in this connection referred to the definition of the word 'tenant' given in section 2(i) and also to sections 41 and 44 of the act. the definition of 'tenant' given in section 2(i) runs as under:--'section 2. definitions,-- in this act ..... the premises. again, the criminal court not only entertained the complaint but also found plaintiff no. 1 guilty of the charge under section 44(4) of the act. it is also note worthy, that the hish court, too, while setting aside the interim order passed by the criminal court directing ..... learned counsel for the plaintiffs may be right in his contention that the defendant had no locus standi to file the complaint under section 44(4) of the act, but, in my opinion, this was a matter for consideration of the criminal court. in these civil proceedings for the recovery .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-31-1973
Reported in : 1973CriLJ1336; 1973()WLN153
..... his dutv inasmuch as he allowed the defence witnesses to so uncross-examined. in the state of evidence on record, therefore it is difficult to give a definite and positive finding that the complainants or for that matter the accused had actual possession of the field and any one of them was trespasser. but that ..... facts and circumstances of the case. there is no denying the fact that the case of the accused clearly falls under clause 2ndlv to section 300 i. p- c. as the act was done clearly with the intention of causing such bodily injury as the offender knew to be likely to cause the death of gabdu. ..... examination. juma is therefore liable for causing a grievous hurt to nathi by a blunt weapon and he is therefore liable to be convicted under section 325 i. p- c. prahlad p. w. 4 states that dhanni caused him injury by a 'pharsi' on the ear, p. w. 22 dr. d. p. mishra has stated ..... to steal away the fodder lying there- all the accused have, however, denied having beaten any of the complainants. the accused also examined three witnesses in defence.4. before we, come to the contentions raised by learned counsel for the accused and the learned counsel for the state, we may point out that the fact ..... pharsis'. thereafter govind singh lodged a written first information report of the occurrence at police station deeg situated at a distance of seven miles from village chulhera at 4-30 p. m. that report has been placed on record and marked ex. p-l. all the six accused were tried in due course, by the .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-06-1973
Reported in : 1973(6)WLN83
..... it must be treated as 'cotton twist' and not yarn in support of his contention he has relied upon certain definitions given in the 'mercury' dictionary of textile terms-compiled by the staff of 'textile mercury' and published by textile mercury limited, manchester, england. at page ..... prosecutor, madras v. r. raju : 1972crilj1699 suggests that a case for refund of tax illegally recovered as in the present case would fall under section 40(2) of the act.11. we have carefully gone through the judgment of their lordships of the supreme court in public prosecutor, madras v. ayed ram : 1972crilj1699 . ..... the appellant to say that cotton yarn is dot included in item 18a.6. the conclusion to which we have come on the basis of the definitions referred to above is also supported by the statement of pw 2 bhawani shanker, a textile expert examined by the plaintiff. he has stated that ..... therefore, a cotton yarn must come under the head 'cotton twist'. in order to lend support to his argument the learned counsel has pressed into service the definition of the word 'twist' as given in the dictionary referred to above. in this connection we wish to paint out that the' word 'twist' as ..... the point in favour of the plaintiff and held that the goods in question fell within the ambit of the term 'yarn' and not 'cotton twist'.4. learned counsel for the appellant has submitted that a multiple fold yarn is a 'cotton twist', and for the purposes of the levy of excise duty .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-1973
Reported in : AIR1973Raj285
..... will have to be exercised having regard to the facts and circumstances of each case. in the present case a notice under sub-section (2) of section 52 of the improvement act dated 6th november, 1964 (ex. 2) was served on the appellant. a reply to this notice was filed on 21st november, ..... 1964 vide ex. 3 and then a notification was published in the government gazette under section 52 (1) of the improvement act on 30th june, 1965 whereby the government decided to acquire the land for the purpose of improvement and for establishment and construction of ..... any one of the three respondents but the petition was contested. the learned single judge repelled the contention of the appellant that sections 52 and 53 of the improvement act were violative of article 14 of the constitution and held that the acquisition proceedings were not discriminatory. the learned single judge also ..... a writ petition was presented on july 25, 1968 by the appellant in which it was prayed that the provisions contained in sections 52 and 53 of the improvement act be declared void being discriminatory and violative of articles 14 and 31(2) of the constitution of india; that a writ of ..... act. he placed reliance on (1) p. vajravelu mudaliar (in w. p. no. 144 of 1963) 2. most rev. dr. l. mathias (in w. ps. nos. 227 and 228 of 1963) v. spl. dy. collector for land acquisition, west madras, air 1965 sc 1017 and dy. commr. and collector, kamrup v. durganath sarma, air 1968 sc 394.4 .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-15-1973
Reported in : AIR1973Raj347; 1973()WLN128
..... nature of his liability, but not otherwise.' 11. this shows that the extinction of a debt in whole or in part by operation of law would definitely go to reduce the liability of the surety judgment-debtor. 12. this question may be viewed from another angle also and it is that the surety, ..... against whom the decree was passed were mortgagors and out of those only one of the mortgagors was an agriculturist who made an application under section 6 of the act for determination of the debt. under mortgage debt the liability of the mortgagors is not co-extensive with each other. everyone of the ..... is scaled down and found due from the principal debtor. 6. the learned judges while coming to the aforesaid conclusion considered the scope of section 128 of the contract act which enacts that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the ..... debtor by the debt relief court, can the surety also take advantage of that relief 4. the argument of learned counsel for the decree-holder is that the liability of a surety under section 128 of the contract act is co-extensive with that of the principal debtor only to the extent to which the ..... contract. in this connection they placed reliance on the passage from pothiar which reads as follows : 'it results from the definition of a surety's .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-21-1973
Reported in : 1973(6)WLN194
..... been afforded an adequate opportunity of defending himself. the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges, which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and of ..... him and finally he was visited with the punishment of removal and dismissal from service on the charges framed against him.3. after serving a notice under section 80 cpc. to the union government, on 10-12-61 the plaintiff brought the suit in the court of munsiff, jodhpur. it was pleaded by ..... the government servants under the defence department there are two sub categorises; those belonging to the armed forces who are governed by the army act, air force act and navy act as the cue may be and those who arc not so governed. the former will be having a rank in the force but the ..... in the manner prescribed by the constitution. (3) this tenure is subject to the limitations or qualifications mentioned in article 311 of the constitution- (4) the parliament or the legislatures of states cannot make a law abrogating or modifyinge this tenure so as to imping upon the overriding power conferred upon the ..... he came to be transferred to the air force flying college, at jodhpur on a similar post. at jodhpur he organised a union of class iv civilians and became its secretary. this union came to be affiliated with the indian national trade union congress. on account of his activities the plaintiff came .....
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