Court : Rajasthan
Decided on : Apr-04-1994
Reported in : AIR1994Raj213
..... estates and tenancies, for the time being in force in a colony, shall, in so far as may be applicable, apply to tenancies held and to proceedings conducted under this act.' section 5(2) 'nothing in such laws shall, however, be so construed as to vary or invalidate any rule made, or any condition entered in any statement of conditions issued, by ..... came to know about the alleged order of cancelling allotment made in his favour, he preferred an appeal before the revenue appellate authority along with the application under section 5 of the limitation act for condoning delay. the petitioner also applied before the sub-divisional officer who accepted the application and passed an order to accept the payment of amount due plus ..... objective to be achieved under the constitution, it must be held 10 be unreasonable in the sense of being manifestly arbitrary. the directive principles of stated policy contained in part iv are not anethema to fundamental rights guaranteed under part iii. the directive principle is the part of grand scheme of the constitution to secure its people justice, social economic and ..... for various areas covered under the act different rules/conditions have been framed by the state government for allotment of lands. 43. under the rule 5 of the rules of 1975 only persons eligible for allotment of land are ex-servicemen, temporary cultivation lease 'holder, agriculture graduates landless persons and bhakra landless persons. the definitions of each one of the eligible persons .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-06-1994
Reported in : AIR1995Raj5
..... brijlal bundel additional district judge, nagaur allowed the appeal and remanded the case with the direction that the trial court would frame an issue under section 14(2) of the act regarding partial eviction, take evidence of the parties on newly framed issue and, thereafter, decide the suit. civil misc. appeal no. 121/ ..... admittedly, after the death of narayan das, his brother jaikishan, his sons and daughters and other legal representatives were brought on record under order xxii rule 4, c.p.c. this order was not challenged. no exception can be taken against this order.6. there is yet another aspect of the matter. ..... separately. in his cross-examination, he has disclosed that there is no question of his witnessing partition amongst the two brothers. mangilal d.w. 4 has deposed that he is not aware whether rice is taken for the families of narain das and jai kishan from one ration card or two ..... 6) whether the courts below were wrong in refusing to pass the decree for partial eviction?' obviously, none of these questions involve any substantial question of law.4. however, i have myself carefully gone through, the record of the case. in his statement dated april 26, 1974, the plaintiff narayan das p.w. ..... the circumstances of this case it can be said that thereis a reasonable and bona fide necessity for the shop in question to the plaintiff? (4) whether the lower appellate court was wrong in holding that after the death of the landlord narayan das his brother shri jaikishan as well as his .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-08-1994
Reported in : [1995]211ITR833(Raj)
..... have accrued till that event happens and the finding that it was contingent cannot be disturbed without there being any evidence on record. the appellate assistant commissioner had given a definite finding that the assessee had only a contingent interest. an opportunity was given to the revenue by the tribunal and despite specific opportunity the revenue failed to rebut the same ..... referred the following question of law arising out of its order dated june 18, 1983, in respect of the assessment years 1977-78 to 1981-82 under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee had only contingent interest in the ..... case was the marriage of the beneficiary it was held that the appellate assistant commissioner has rightly held that the income is not assessable in the hands of the assessee.4. the arguments of learned counsel for the petitioner have been heard. in the present matter, a finding has been recorded that the assessee was having only a contingent interest. no .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-21-1994
Reported in : AIR1994Raj178; 1994(2)WLC353; 1994(2)WLN43
..... owners of the shop and they had no right to sell the shop is definitely a denial of their title and in the situation the tenant had made himself liable for eviction under clause (f) of sub-section (1) of section 13 of the act.12. another decision brought to my notice is reported in narsingh das v. ..... protection. reference may be made to the observations appearing in para 15 which is reproduced hereunder:--'to my mind, clause (f) of sub-section (1) of section 13 of the act shall take in even renouncements occurring prior to the determination of the tenancy as well as those after it. there are no words of limitation ..... admission on his part. no further words were necessary to plead denial and, in my opinion, the appellant tenant falls within the mischief of section 13(1)(f) of the act which has been reproduced above. not only it was a case of denial of title of the landlady i.e. smt. sharda bai who ..... the appeal was heard and decided. two issues appear to have been subsequently framed by the learned first appellate court embracing the provisions of section 13(1)(f) of the act. it would be useful to observe here in the written statement filed by the defendant tenant, it was clearly mentioned therein that sharda devi ..... purchase a notice was given by the landlord, which is ex. 3 and there was another notice given by sharda bai to the tenant which is ex. 4, stating that she had sold out the shop in question to the plaintiff. exs. 5 and 6 are the postal receipt and acknowledgment. ex. 8 are .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-22-1994
Reported in : (1995)121CTR(Raj)255; [1995]213ITR443(Raj)
..... of a transferee for consideration who has no notice of the contract or of the part performance thereof.'the very definition of the term 'transfer' as contained in section 269ua(f) read with the provisions of section 53a if the transfer of property act shows that the factum of transfer has to be ascertained with reasonable certainty and in case the transferee has in ..... than 12 years, and includes allowing possession of such property to be taken or retained in part performance of the contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882). on this basis, it has been submitted that in the cases at hand, admittedly, the possession of part of the property has been transferred ..... possession of such property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882).'it would thus appears that in scheme of the act whole defining the term 'transfer', if possession of the property has been allowed to be taken or retained in part performance ..... agents. the district valuation officer with his subordinates inspected the property.the appropriate authority (respondent no. 2) did not afford any opportunity of hearing to the petitioner or respondent no. 4 after furnishing the statement in form no. 37-i and the petitioner received information vide letter dated may 30, 1991, from respondent no. 3, i.e., the deputy commissioner of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-1994
Reported in : 1994CriLJ2348; 1994(1)WLN668
..... deceased, unless it was firmly proved further that the fatal injury to the deceased was caused by that weapon. it was further held that the definite proof of this link was lacking. thus, the apex court acceptea the appeal and acquitted the appellant.22. in the instant case, the ..... unexplained possession of stolen articles can be taken to be presumptive evidence of the charge of murder as well under illustration (a) of section 114, evidence act, but in the case in hand, the prosecution has miserably failed to prove beyond any reasonable doubt that the commission of the murders ..... sua devi has correctly identified all those ornaments belonging to her mother. therefore, the learned trial judge has rightly drawn a presumption under section 114 of evidence act that the appellants were the persons, who had committed the murders of smt. sua devi and bastimal. mr. bohra has also reiterated ..... examined as . many as twenty one witnesses and relied on documents ex. p. 1 to ex. p. 49. appellants in their plea recorded under section 313, cr. p.c. denied the circumstances appearing against them in the prosecution evidence. however, they admitted their arrest. they denied their alleged disclosure ..... kadla' (article 4) was recovered or he came in possession thereof nor he claimed those 'kadlas' belonging to him.19. thus, taking a presumption under illustration (a) of s. 114 of the evidence act, the learned sessions judge has convicted the appellant raju ram for the offences under sections 302, 460 and .....
Tag this Judgment!Court : Rajasthan
Decided on : May-04-1994
Reported in : AIR1995Raj155; 1994(2)WLN18
..... conclusion that a further probe is essential for the removal of the member/chairman then, it has to issue a notice under section 63(2) of the act to show cause why definite charges be not framed and referred to a judicial officer. at the stage of application of mind by the state government ..... that until a member is removed from office by an order of the state government under this section, he shall not vacate his office and shall, subject to the provisions contained in sub-section (4), continue to act as, and exercise all the p6wers and perform all the duties of, a member and shall as ..... state government.20. in the premises of above discussion the impugned suspension order annexure-7 is clearly in violation of the mandatory provisions of section 63(4) of the act and as such the same is illegal, arbitrary and unjust, which deserves to be quashed.21. the upshot of the above discussion is ..... out distinctly/the charge against the member and to send the same for enquiry and findings to a judicial officer before issuing a suspension under section 63(4) of the act.14. therefore, with all respect to the learned s.b., the principle of law enunciated in prem prakash's case (supra) runs counter ..... taken of a complaint by the government against such officer, yet proceedings should be taken to commence in the meaning of the term under sub-section (4) to section 63 only whenprocess is ordered to issue against such person, or when the authority makes up its mind to take action. at that stage the .....
Tag this Judgment!Court : Rajasthan
Decided on : May-06-1994
Reported in : 1994(1)WLN424
..... vizkf/kd`r nwjhkkf'kr] csrkj ;k bysdvkfud vfkok vu; midj.k ;k ;a= dk mi;ksx vfhkizsr gsa4. section 3 of the act prohibits the using of unfair means by any person at any public examination.5. bare reading of the definition of 'unfair means' shows that the provisions is attracted only when some one takes unauthorised help either from any person ..... paper in question. it has also been contended that even otherwise, no offence can be said to have been committed within the meaning of section 3 of the act of 1992.3. clause (c) of section 2 of the act defines 'unfair means' as under:fdlh ijh{kk ds lecu/k es vuqfpr lk/ku ls] fdlh lkoztfud ijh{kk ds iz'u dk ..... the hip pocket of the applicant four written pages of the diary and thereupon a report under section 3(6) of the rajasthan public examinations (prevention of unfair means) act, 1992 was lodged with the police ..... n.c. kochhar, j. 1. the facts giving rise to this petition under section 482, cr. p.c. are as under: the applicant appeared in his secondary school examination and was at government girls senior higher secondary school, gangapur city on 1.4.1993 when he was answering the questions of political science paper. a flying squad checked the candidates and found in .....
Tag this Judgment!Court : Rajasthan
Decided on : May-11-1994
Reported in : I(1996)ACC73; 1995ACJ721; AIR1995Raj2; 1994(2)WLC726
..... less. (c) after compliance of the directions regarding manner of deposit indicated by this, court, the office will register such appeals under section 173 of the said act as regular appeal by adopting the same procedures which are being adopted in those appeals which are filed in deficiency of the court-fees ..... rule 1, cpc it is stated that a memorandum shall not be filed or presented unless it is accompanied etc. similarly, in section 17 of the small cause courts act, 1870 (act no. vii of 1870), the expression is 'at the time of presenting the application'. thus, it would appear from this that ..... to the respondent-claimants by the tribunal according to its own discretion.in view of the afore-mentioned discussion in order to implement section 173 of the motor vehicles act, 1988 in letter and spirit the following consequential orders are passed and office of this court is directed henceforth to follow the ..... filing the appeal could be judicially considered by the high court.10. keeping in view the aforesaid mandatory provisions as contemplated under section 173 of the motor vehicles act, 1988, it is hereby directed that the appellant should deposit in the tribunal an account payee demand draft of rs. 25,000 ..... where there was no provision for making a deposit upon filing of an appeal in the high court.4. now first proviso of sub-section (1) of section 173 of the motor vehicles act, 1988 makes a specific provision for such deposits where an appeal is filed by a person aggrieved from an .....
Tag this Judgment!Court : Rajasthan
Decided on : May-11-1994
Reported in : AIR1994Raj204; 1994(3)WLC12
..... be claimed by her keeping in view all the facts and circumstances of the case. this court has held that the expression employed in section 24 of the act is 'necessary expenses of the proceeding' and such expenses can always be allowed.10. mr. singhal has next placed reliance on a decision ..... . the husband-appellant has submitted that the wife-respondent is an earning member and, therefore, she is not entitled to move this application under section 24 of the act. she is able to meet out her expenses because she is earning rs. 2300/- per month as a teacher. of course, it was ..... 5,000/- for prosecuting this appeal and, therefore, she has claimed rs. 15,000/- towards the expenses of the proceedings. this application under section 24 of the act has been supported by the affidavit of the wife-respondent.6. a reply to this application supported by the affidavit of the husband-appellant has ..... before the learned district judge, bikaner, the wife-respondent did not claim the maintence pendente lite and the expenses of the proceedings, under section 24 of the act. however, the learned district judge passed the decree of divorce in favour of the husband-appellant but that decree of divorce was set aside ..... mr. m.c. bhoot, the learned counsel appearing for the non-applicant (husband-appellant) on the application under section 24 of the act and have carefully gone through the record of the case.4. the case of the wife-respondent is that she has not been paid a single pie as maintenance or expenses, .....
Tag this Judgment!