Court : Rajasthan
Decided on : Mar-06-1973
Reported in : 1973(6)WLN180
..... 55 of the civil services (classification, control and appeal) rules, is bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935, so as to give a statutory protection to the government servants and is now incorporated in article 311(2) so as to convert the ..... against the penalty of removal proposed by the appointing authority or subsequently at any stage, such as, as in the departmental appeal or in the notice of suit under section 80 civil procedure code. according to learned counsel, it was only in the amended plaint that this ground was raised for the first time; no such ground having been taken ..... he was visited with the penalty of removal from service by the security officer he went up in appeal, but without any success. he then served a notice under section 80 civil procedure code on the union of india and on 2.3.67 instituted the suit in the court of munsif, ajmer city (east). the plaint was later on .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-21-1973
Reported in : 1973(6)WLN385
P.N. Shinghal, J.1. The petitioner was serving as Head Constable in Police Lines, Sirohi, when he was placed under suspension on February 22, 1964. The Superintendent of Police ultimately passed an order (Ex. 1) on June 10, 1965 reverting him to the post of Constable for a period of six months and forfeiting half his salary for the suspension period. The Deputy Inspector General of Police thereupon issued a notice (Ex-2) to the petitioner on April 12, 1966 to show cause why the penalty should not be enhanced in view of the gravity of the charges against him. The petitioner contested that notice on the ground, inter alia, that an action for the enhancement of the penalty had not been initiated within six months, it was not permissible to enhance the penalty. The Deputy Inspector General, however, enhanced the penalty by order Ex.3 dated July 26, 1966 by reducing the petitioner to the rank of Constable for a period of two-and a-half years. He however allowed him the maximum pay of the Co...
Tag this Judgment!Court : Mumbai
Decided on : Nov-19-1973
Reported in : (1974)76BOMLR584
..... lease could not be enforced. in that case their lordships were dealing with very special facts and no reference was made to the statutory rule embodied in section 110, tp. act, which lays down that 'where no day of commencement is named, the time so limited begins from the making of the lease.'the privy council had ..... initial jurisdiction to entertain the suit could not cease to have jurisdiction to pass a decree for possession simultaneously while passing the decree for specific performance. section 28 of the act of 1947, as has been repeatedly held in numerous cases and the latest of which is the full bench decision reported in daitatraya krishna v. jairam ..... that even otherwise, it being void for uncertainty in several respects, cannot be specifically enforced in view of the provisions of section 29 of the indian contract act read with section 9 of the specific relief act of 1963; and (2) that while the civil court has jurisdiction to entertain the suit for specific performance, in view of .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1973
Reported in : 1973(6)WLN967
..... thing attached to the earth.in this connection learned counsel for the appellant has further invited my attention to the definition of the word 'agriculture' contained in section 5(2) of the act.sections 5(2) 'agriculture' shall include horticulture;8. it has been argued on behalf of the appellant that as borne out from the lease deed ex 35 ..... whether the suit property falls within the perview of the term 'land' as defined in the rajasthan tenancy act (act no. 3 of 1955) (which will hereinafter be called the tenancy act). section 5(24) of the tenancy act defines 'land' as below:section 5(24): 'land' shall mean land which is let or held for agricultural purposes or for purposes subservient ..... him, & hold that the land in question is 'abadi land' and does not fall within the definition of the term 'land' as contained in section 5(24) of the tenancy act. in this view of the matter. i do notec any force in the appellant's contention that the suit is exclusively triable by revenue court and over .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-1973
Reported in : AIR1973SC2677; 1973CriLJ1810; (1974)3SCC406
..... . the appellant, his father karam singh, his uncle bawa singh and bawa singh's son charan singh were tried by the sessions judge, hoshiarpur for offences under sections 302, 307 and 324 read with section 34 i.p.c. in respect of the murder of one darshan singh on 12th october. 1967. the learned sessions judge acquitted karam singh and on appeal .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-1973
Reported in : 1973(6)WLN303
..... referring to the decisions cited by mr. ganpat singh. stated briefly, their lordships have declared the law relating to the definition of 'industry' in section 2(j) of the act as follows,--(1) every case of employment is not necessarily productive of an industry, for domestic employment, administrative services of public officials, etc. cannot ..... (1970)iillj266sc .5. a number of decisions have been rendered by their lordships of the supreme court on the meaning of 'industry' as defined in section 2(j) of the act. their lordships' decision in the case of safdar jung hospital : (1970)iillj266sc has settled and declared the law on the point, after a review of ..... they formed part of the petitioners conditions of employment.4. in support of his argument that the defence laboratory was an 'industry' within the meaning of section 2(j) of the act, the petitioner's learned counsel has placed reliance on the decisions in baroda borough municipality v. its workmen and ors. : (1957)illj8sc , ahmedabad .....
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 : Apr-09-1973
Reported in : (1974)IILLJ318Raj; 1973()WLN389
..... a reference to regulation 9 of the rajasthan state electricity. board employees (classification, control and appeal) regulations, 1962, in which it has been stated that an employee charged for an act of misconduct is liable to be suspended by the competent authority. he has also placed reliance on s. pratap singh v. state of punjab : (1966)illj458sc . a perusal of the ..... permanent member of a service, unless of course the rules under which he is appointed expressly provide for such a result. therefore, even though a probationer may have continued to act on the post to which he was appointed by probation for more than the initial period of probation, he cannot become a permanent servant merely because of the efflux of .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-21-1973
Reported in : 1973(6)WLN194
..... was made against 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 him, in assailing ..... others. even amongst 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 civilians under the defence ..... department would be discharging duties akin to civilians elsewhere and will not be governed by the army act, air force act or the navy act as they will not be having any rank in the forces. for the service conditions of such civilian employees of the air force, the president has .....
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