Court : Rajasthan
Decided on : Sep-20-1973
Reported in : (1974)IILLJ328Raj; 1973()WLN686
..... incitment by the six workmen, even if proved, would not amount to misconduct within the meaning of clause (s) of sunning order 34 or punishable under section 27 of industrial disputes act.29, however, i will presently consider as to what the word 'incitment' signifies. in state of bihar v. ranen nath and ors. : air1958pat259 . ..... transport service used for the carriage of passengers or goods which was declared a public utility service under sub-clause (vi) of clause (n) of section 2 of the act. obviously the employees working as body-fitters, mechanic, helper & cleaner in the central workshop are not concerned directly with the transport service of the corporation ..... that the workmen concerned were the employees of the public utility service and since the strike in question was without notice, it violated section 22 of the act. he has referred to section 2(n) defining public utility service and the rajasthan rajpatras extraordinary dated 23-10-1968 and 23-6-69. according to him transport .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-25-1973
Reported in : 1973(6)WLN871
..... to sue for recovery of rent she could not be entitled to ask for the tenant's eviction. in elaborating his argument learned counsel pointed out that in section 13 of the act several grounds of eviction were peculiar to a landlord who was having the property for himself in contradistinction to such of the landlords who might come within the ..... the tenant on his own showing had been paying the rent. then came the stage when the tenant felt constrained to make the application before the learned munsif under section 19a of the act (ex. 1 on record). in para-5 of that application it was stated by the tenant that after onkar had been murdered by bherulal smt. niji bai, ..... , there could be no doubt that in that event bherulal's property would devolve on his three daughters all the three daughters were party to the proceedings under section 10a of the act initiated by none other than the tenant himself and, there they had taken that stand that the deposited rent be paid to smt. niji bai likewise, in .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-08-1973
Reported in : 1973(6)WLN729
..... may 31, 1967 and the appellant continued in employment thereafter upto october 1967, he 'stood confirmed in that appointment by implication'. it was also held that the management had 'not acted bonafide' and that the impugned order (ex 5) of termination of the appellant's service was illegal and unjurtified and the appellant would be deemed to be in the continuous ..... be held to be a confirmed employee of the society, (ii) there was not an iota of evidence in support of the arbitrator's finding that the society had not acted bonafide, and (iii) the arbitrator erred in holding that the society did not have the right to transfer the appellant to bikaner or to appoint him as a field officer .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-05-1973
Reported in : AIR1974Raj55; 1973()WLN786
..... was undoubtedly aware of the distinction between what is a civil court and what is a claims tribunal when in the proviso to subsection (1) of section 110 of the act, it specifically laid down that a claim for compensation in respect of damage to property exceeding rupees two thousand could be referred by a claimant to the ..... civil procedure. there can be no controversy regarding even a claims tribunal being subordinate to the high court as appeals lie to the high court under section 110-d of the act. apart from this, there is article 227 of the constitution under which the high court exercises the powers of superintendence over all tribunals functioning in the ..... court fee, was tardy in its working. it could not speedily deal with, large number ofclaims of aggrieved persons and therefore by the amendment act (100 of 1956) these new sections were added. these provisions were designed to ensure a speedy remedy to persons receiving bodily injuries and to the heirs of persons meeting with death .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-1973
Reported in : 1973(6)WLN906
..... definition is exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have a somewhat different meaning in different sections of the act depending upon the subject or context. that is why all the definitions in the statutes generally begin with the qualifying words similar to the words used in the present ..... . state of u.p. : [1965]1scr841 . in this case it has been observed that no doubt distinction between area and route has been made in some of the sections of the motor vehicles act but in others that distinction does not seem to be preserved these two words some times stand for the route on which the omnibus runs or portion thereof ..... which support the view which i have taken. in kondala rao v. andh. pra. s.r t. corporation air 1961 sc 82 it has been held that 'under section 68-c of the act the scheme may be framed in respect of any area or a route. there is no inconsistency between an area and a route.' the scheme therefore may as .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-13-1973
Reported in : 1973(6)WLN799
..... comprise the essential fact about the existence of the tenancy and its determination under the general law but also the fact that the protection to the tenant under section 13 of the act is not available in the events that had happened. on the death of the statutory tenant the landlord will not be required to make any averment concerning ..... but the present suit was filed when the statutory tenant was already dead. there is no manner of doubt that the immunity available to the deceased tenant under section 13 of the act would not be available to the legal representatives of such tenant. the limited question is whether the plaintiff landlord will have to bring the suit against the ..... if alive, could have been sued for the recovery of the property.5. so far as the question whether the protection available to a statutory tenant under section 13 of the act could be claimed by his heirs after his death or not is concerned, their lordships of the supreme court have held in a number of cases, and i .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-16-1973
Reported in : 1973(6)WLN917
..... and such number of other members as the state government may think fit to appoint. the meetings of the corporation are held according to section 11 of the corporation act. according to section 4, every corporation shall be a body corporate having a perpetual succession and a common seal and shall be sued or can sue in its ..... be run and operated by state transport undertaking to the complete exclusion of other persons.now, therefore, in exercise of the powers conferred by section 68c of the motor vehicles act, 1939 (central act iv of 1939) and in pursuance of rules 3 and 4 of the rajasthan state road transport service (development) riles, 1965, the scheme ..... proper and decides to offer to the holders of existing permits an alternative route within the meaning of sub-section (2) of section 68g of the act, in lieu of compensation payable under sub-section (1) of the said section, another notice to the holder of existing permits specifying the alternative route which is so offered to them and .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-28-1973
Reported in : 1973(6)WLN877
..... that there was absolutely no evidence in the case to show that the original subscriber took any steps to cancel the original nomination as contemplated by the section: (section 5(1) of the provident fund act). not only that, in the plaint, there was no definite statement that the nomination made by the subscriber in his declaration was varied by another ..... of smt. jamna, heera ram also obtained a succession certificate in his favour in respect of the property left by bhoora ram. smt. jamna served a notice under section 80, c.p.c on the railway for payment of the amount to her but the railway replied that in view of the dispute having been raised by heera ram ..... nomination as contemplated by this section. it may also be noted that that was a case where the nomination was sought to be got rid of by a subsequent .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-03-1973
Reported in : 1973(6)WLN981
..... ' in ' sir & khudkasht possession ' may not be regarded as an admission by the mortgagees as the deed was executed by the mortgagors hut it is admissible under section 13 of the evidence act as assertion of title and when it is under the mortgage-deed that the mortgagess claim, its pribative value as agginst them and as against the lessees who ..... received as an admission of the vendee bhader ram as the deed was executed by the vendor gangaram. that is true. but even then it is admissible under section 13 of the evidence act as assertion of the title to the land. moreover, it is under this document that the defendant bhaderram claims his title to the suit land. the probative ..... arises because mr. purohit does not rely on the entries mentioned in ex. 2 but on the absence of an entry in respect of khasra no. 167. section 35 of the evidence act provides that an entry in any public or official book, register or record stating a fact in issue or relevant fact and made by a public servant in .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-04-1973
Reported in : 1973(6)WLN972
..... not tenable and thus the question arose before their lordships for consideration as to the scope and effect of section 34 ipc. their lordships observed:to invoke the aid of section 34 successfully it must be shown that the criminal act complained against was done by one of accused persons in furtherance of the the common intention of all; ..... by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.14. according to this section the act must be done in furtherance of the common intention common intention necesserily implies the prearranged plan. in other words ..... this being the principle, it is clear to their lordships that common intention within the meaning of section implies a pre-arranged plan, and to convict the accused of an offence applying the section it should be proved that the criminal act was done in concert pursuant to the pre-arranged plan. as has been observed, it is difficult .....
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