Court : Rajasthan
Decided on : May-11-1973
Reported in : AIR1973Raj322; 1973()WLN448
..... defendant no. 2 as respondent in appeal against the plaintiffs. it was indicated that the remedy was by way off a fresh appeal with an aoplication under section 5, limitation act and the court had power to allow such appeal againstsuch defendant on sufficient cause and to try both appeals simultaneously. it was in this context that the learned ..... of the learned counsel for the respondent was that notice was required to be given by the trial court to devasthan commissioner under section 72 of the rajasthan public trusts act. 1959. the rajasthan public trusts act. 1959 (act no. 42 of 1959) received the assent of the president on the 22nd day of october, 1959. it came into force ..... -11-71, i ordered that the notice of the appeal be given to the waqf board as also to the devasthan commissioner, in accoradnce with section 72 of the rajasthan public trusts act. 1959 about which i am going to say in a moment devasthan commissioner has not chosen to enter appearance, but the waqf board has appeared .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-05-1973
Reported in : AIR1974Raj69; 1973()WLN561
..... cancelled, such part of the amount or value of that property.' 5. now the question is whether the present suit is for cancellation of a document, as envisaged under section 38 of the act. learned counsel for the respondent has placed strong reliance on, hukam singh v. mt gyan devi. 36 ind cas 95 = (air 1916 lah 21). charan das v. jamna ..... ). in this view of the matter i am inclined to hold that the fixed court-fee paid by the plaintiff on the plaint was proper and section 38 of the rajasthan court fees and suits valuation act. 1961 is not applicable to the present case.13. in the result i allow this revision application, set aside the order of the learned additional ..... air 1934 oudh 505.6. in 36 ind cas 95 - (air 1916 lah 21) it was observed that suit for cancellation of will falls under section 7, para 4. clause (c), of the court-fees act, vii of 1870. it was further observed that the plaintiffs were bound to ask for consequential relief, in the shape of the cancellation of the document .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-16-1973
Reported in : 1973(6)WLN609
..... us it will i be advisable to extract out the relevant provisions of law for concentrating our attention. section 4 of the act runs as follows:act not to apply to certain sales:-(1) no tax shall be payable under this act on the sale or purchase of any of the exempted goods if the conditions specified in column 3 ..... the university of rajasthan and the board of secondary education, ajmer, are exempt from payment of sales tax by virtue of section 4 read with serial number 10 of the schedule of the rajasthan sales tax act?2. mr a.k. bhandari appearing for the assessee urged that the term 'books' having been not statutorily defined it should ..... sales tax officer that what the assessee sold was 'book' and therefore it was exempt trom payment of tax under section 4 read with entry 10 of the schedule to the rajasthan sales tax act, 1954, (hereinafter called 'the act'). the sales tax officer negatived the contention. the assessese, however, succeeded before the appellate authority but failed before the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-20-1973
Reported in : AIR1974Raj63; 1973()WLN762
..... the legislation had no intention to make provision for exclusion of the time requisite for obtaining copy of the award for making an application for reference under section 18 of the act else it would have made an express provision for it. the view taken in lakshmi narayan's case. air 1966 raj 118 therefore does not require ..... for the petitioner, however submitted that the view-point urged by him with respect to the interpretation of the terms 'appeal' and 'review' occurring in section 12(2) of the limitation act was not considered in any of these authorities. he has therefore argued that the view taken by this court in air 1966 raj 118 requires reconsideration.4 ..... 1899) 22 mad 68 and vidyacharan v. khub chand. air 1964 sc 1099.3. the solitary authority which held that section 12 of the limitation act is applicable to an application under section 18 of the land acquisition act and the period taken in obtaining copy of the award will be included for reckoning limitation is air 1926 rang 135. .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-1973
Reported in : 1973(6)WLN699
..... to complain when the passing and repassing in the foot-path would be obstructed on account of these four pillars he placed reliance on the provisions of section 161(1) of the rajasthan municipalities act and relied on manglaur municipality v. mahadeoji : [1965]2scr242 and pyarelal satpal v. santlal 1972 rlw 514. mr rastogi appearing for the legal ..... agree with the learned counsel for the appellant that construction of the proposed tower would adversely affect his right of passing and repassing.7. section 161(1) of the rajasthan municipalities act reads as follows:section 161 powers regarding streets, etc.--(1) it shall be lawful for the board to lay out and make new public streets and to ..... ) of section 80, to lease or sell any such land, therefore used or acquired by the board for the purposes of such streets, as may not be required for any public streets or for any other purposes of this act.(italcs is ours).we have not before as the opinion of the chief town planner. the petitioner did .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-28-1973
Reported in : AIR1974Raj188
..... apart from that, it appears that the attention of the learned judges who decided those cases was not invited to the provision of section 3 of the transfer of property act. section 3 of the said act defines the expression 'a person is said to have notice,' this definition reads as under;--' 'a person is said to have notice' ..... the property which was admittedly in possession of the defendant. title includes the right arising out of the part performance. under the proviso to section 53a of the transfer to property act, the plaintiff kishanlal therefore cannot be heard to deny notice of the title of the defendant under which the latter held the property. he ..... s possession changed from that of a mortgagee to that of a purchaser was not sufficient to attract the doctrine of part performance contained in section 53a of the transfer of property act. in order to disentitle the plaintiffs to the relief of redemption it was further necessary for the defendant to prove that the subsequent transferee, .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-30-1973
Reported in : AIR1974Raj112; 1973()WLN630
..... he in all respect supported the finding arrived at by the lower court on this point. 6. the relevant law on the point is contained in section 55 of the contract act. the first paragraph of section 55 which is relevant, provides that 'when a party to a contract promises to do a certain thing at or before a specified time, or ..... which the post office deals with the registered letters, the endorsement, namely 'refused' on the cover containing the notice raises a presumption under section 114(e) and (f) and section 16 of the indian evidence act that an attempt was made to deliver the notice to the addressee. the presumption is no doubt rebuttable but no reliable evidence has been produced ..... cannot be said that the plaintiff was ready and willing to perform his part of the contract. learned counsel in this connection invited my attention to section 55(1)(d) of the transfer of property act and a number of cases including air 1919 pc 124: air 1928 pc 208: air 1923 nag 37 and 55 ind cas 791 = (air .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-03-1973
Reported in : AIR1974Raj26
..... this provision and paid court fee on the sum of rs. 5000/-being l/4th of the value of the house attached pursuant to the aforesaid section. another provision of the act which is attracted is section 48 (1) which reads:'48. suits not otherwise provided for all in a suit as to whose value for the purpose of determining the ..... to the circumstances of the case and specially when the judgment-debtor has not joined any issue with the objector this suit on a combined reading of sections 39 and 48 of the act is of a value equivalent to the decretal amount and therefore, must be laid before a learned single judge for admission. the order of admission by ..... correct solution to this controversy in our opinion can be gathered by making a reference to the relevant statutory provisions in this behalf. section 39 of the rajasthan court fees and suits valuation act, 1961, hereinafter called the act, reads as under:--'39. suits to set aside attachment etc. (1) in a suit to set aside an attachment by a civil .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-05-1973
Reported in : AIR1974Raj21; 1973()WLN657
..... have been passed under the act, in other words, section 28 is much wider than section 96 civil procedure code under which appeals are filed in civil cases. learned counsel placed reliance on sarla devi v. balwan singh air 1969 all 601 ..... or conferred by any special enactment to obtain the dissolution of a hindu marriage vide (section 29(2) of the act).15. i may next turn to section 28 of the act which the learned counsel for the appellant relied on. i may read the section;'section 28. enforcement of and appeal from, decrees and orders. all decrees and orders made ..... ali air 1950 him pra 30.9. to reinforce ms arguments learned counsel for the appellant also invited attention to section 28 of the act and submitted that this being a case under the hindu marriage act will be governed by this special provision which enables the filing of an appeal against every decree or order that may .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-17-1973
Reported in : AIR1974Raj20; 1973()WLN635
..... the procedure to be followed for the execution of the orders of the disciplinary committee of the bar council. i may read the relevant statutory provisions. section 43 of the advocates act. 1961 provides:'section 43. cost of proceedings before a disciplinary committee -- the disciplinary committee of a bar council may make such order as to the cost of any proceedings ..... the question arises here whether the order for costs passed by the disciplinary committee is an order passed by the high court. obviously it is not. section 43 of the advocates act only lays down how an order for costs shall be executable and by fiction it is made executable as if it were an order of the high ..... court. such an order however, is to be treated like an order passed by the court and to that order section 38 civil procedure code would apply. the petitioner submits .....
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