Court : Rajasthan
Reported in : 1978WLN(UC)167
..... of criminal procedure came into force. the proviso to clause (b) of sub-section (2) of section 484 of the new code clearly jays down that every enquiry under chapter xviii of the old code which was pending on the date on which the new come came into force, shall be dealt with and disposed of in accordance with the ..... under section 476, old cr.p.c. the debt relief court started proceedings under section 476, old cr.p.c. against the petitioner and passed an order on 23rd august, 1968, that there were m compelling reasons to pursue the matter further in a criminal court. aggrieved by this order of the debt relief court, sanwat raj, non petitioner no. ..... acquired by any of the parries to the proceedings before the change. it is, however, equally well-settled that the validity or operation of any order validly pissed or any act validly done by judicial tribunal under the procedural, law for the time being in force cannot be affected by any subsequent change in the said law. it, therefore, follows .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj112; 1978(11)WLN66
..... out the jurisdiction of this court, must be a real and bona fide dispute and not an illusory one as was held in state of rajasthan v. his highness alwar 1968 raj lw 527: (air 1969 raj 52). as the facts will soon show, the dispute raised by the state is not a real dispute. i am, therefore, of ..... from unlawful conduct', vide ade smith, judicial review of administrative action, 3rd ed. 1976, page 483, para 2. it can be issued to enforce a duty not to act unlawfully. as the range of interference by courts widens, the dividing lines between the historical writs appear to be disappearing, so much so that in some cases the writ issued ..... offerings and the right of worship is in dispute. one kailash giri submitted an application for the registration of the trust as a public trust under the rajasthan public trusts act, 1959. the assistant devasthan commissioner has directed that it should be so registered. the revenue settlement in the former state of karauli was conducted in samvat year 1966 in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN546
..... considers necessary.(a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this chapter, or(b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused ..... or (iii) otherwise to secure the ends of justice learned counsel for the applicant in this connection placed reliance upon ganesh v. state of rajasthan 1968 cr.l.j. 1672, lal singh and ors. v. state and ors. , mahesh v. state a.i.r. 1945 p.c. ..... the main purpose of a court, namely, the purpose of doing justice in a case before it and for seeing that the act of the court does no injury to any of the suitors. the learned judges were of the opinion that the circumstances requiring the ..... sub-section (2) of section 10 of the rajasthan high court ordinance, 1949 read with sections 54 and 57 of the states reorganisation act, 1956, the learned judge was nominated to sit at the jaipur bench from july 3, 1978 by the hon'ble chief justice in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481
..... bars, wire rods and casting, not otherwise specified.'the excise duty was levied upon them at the rate mentioned against the said sub-items. therefore, from 1960 until the finance act, 1969 came into force, it is clear that the legislature did not levy any excise duty upon the goods in question. hence it is only with effect from the ..... the excise duty payable on these goods produced in india was specified. this item 33 was subsequently modified as item 27 by the central excise (conversion to metric units) act, 1968 but the contents thereof remained the same. item 27 mentions the following commodities for the purpose of levying the excise duty,'27. aluminium-(a) in any crude form including ..... of seized money towards tax in delhi did not give jurisdiction to delhi high court. mr. munshi drew our attention to samrendra nath roy v. state of west bengal, (1968) 71 cal. w.n. 592. para 24 of the report as under :-'but even though the concept of 'cause of action' has been adopted by the amendment of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978(11)WLN435
..... working as accountant-cum-cashier in that year the petitioner was prosecuted for misappropriating property under section 30 of the border security force act, 1968 (47 of 1968)(hereinafter referred to as the act'), during the year 1975-76. he was convicted by the general security force court and sentenced to suffer rigorous imprisonment for two ..... matters connected with arrest, investigation, summary disposal, charges, procedure for security courts and incidental matters thereto, execution of sentence and petitions have been provided from chapters v to xiii. it may also be stated that for the purpose of trial as well, provisions relating to a kind of preliminary inquiry are already provided ..... in rules, 44, 45, 48 and 49 as is the case of the non-petitioners that a preliminary inquiry as envisaged in chapter vii was conducted and thereafter on an application by the commandant, the court was convened. it appears that preliminary inquiry prior to trial by the court .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj87; 1979()WLN37
..... his appeal was dismissed by the learned additional district judge, vide his judgment dated 10th of july, 1968. the defendant then preferred the second appeal. during the pendency of the second appeal the rajasthan premises (control of rent and eviction) (amendment) act, 1976, came into force and in view of the amended section 14(2) the following issue of ..... misreading of evidence. petheram, c. j., in his judgment recorded the reasoning that 'the provisions of section 566 are, 'as far as may be', incorporated in the chapter relating to second appeals; but inasmuch as the findings on the remanded issues and the evidence upon them are, when returned, part of the record in second appeal, the ..... as fully and as much open to examination as the evidence if taken in second appeal under section 568 and the provision of section 568 can be adopted under chapter xlii.17. this majority judgment was followed in nehal singh v. sewaram (air 1917 all 112: 40 ind cas 128) and it was observed that findings on .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN170
..... sriganganagar; that the truck was not returned; that he came to know after words that mukhtiarsingh defendant no. 2 had delivered it to the official receiver, chandra finance ltd who had obtained a collusive decree against one mohindersingh with a direction that the decretal amount would be recovered by the sale of the truck. the case of ..... by defendant no. 1, was that he did not get the truck transferred in the plaintiffs name within a month. under section 31 of the motor vehicles act, defendant no. 1 was only required to inform the registering authority that the vehicle has been sold. the plaintiff was required to produce the registration certificate before ..... did not exercise his option and, therefore, transfer made in his favour continued learned counsel submitted that according to second para of section 55 of the contract act, the plaintiff is only entitled to compensation from defendant no. i for any loss occasioned to him by failure of the defendants to get the truck transferred in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN(UC)191
..... having regard to the object and nature of the proceedings under section 488 crpc, in my opinion such a power is implicit so far as the proceedings under this chapter has been conferred on the criminal courts but essentially it is conferment of civil jurisdiction as these are the proceedings in which the non-applicant is not the accused ..... their lordship of the supreme court while considering the question of inherent powers in a criminal case observed as under:we might mention that the order dated 23rd november, 1968 was a judicial order by which the magistrate had given full reasons for dismissing the complaint. even if the magistrate had any jurisdiction to recall this order, it could ..... complaint' within the meaning of section 4(1)(h) for there is no question of the commission of any offence. under section 4(1) (o) offence means any act or omission made punishable by any law for the time being in force and as no punishment has been provided for failure to provide one's wife or children, the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1979WLN596
..... submitted by the respondent no 3 on 3rd april, 1978 and the said appeal or representation should have been considered by all the judges of the court.35. chapter iii of the rajasthan high court rules, 1952, contain the relevant provisions regarding the disposal of the administrative business' of the high court relating to the control over ..... the learned counsel for the petitioner in this regard has period reliance on the decision of the supreme court in the state of rajasthan v. dharam singh a.i.r. 1968 s.c. 1210 & the decision of this court in motilal v. union of india 1973 (1) s.l.r. 17419. the submission of the learned counsel for ..... are submitted by persons in the ministerial establishment of the civil courts subordinate to the high court and the provisions of rajasthan civil services (service matters appellate tribunal) act, 1976 can have no application to the employees who*are in the ministerial establishment of the civil courts subordinate to the high court and, therefore, no appeal lay .....
Tag this Judgment!Court : Rajasthan
Reported in : [1982]133ITR559(Raj)
..... in obtaining an enduring benefit for the business of the assessee was expenditure of capital nature. 20. in r. b. shreeram & co. (p.) ltd. v. cit : [1968]67itr428(ap) a bench of the andhra pradesh high court held that the expenditure incurred in replacing the petrol engine of a truck by a diesel engine was expenditure of ..... v. cit : [1951]19itr324(all) the allahabad high court took an extreme view and held that the words ' current repairs ' employed in section 10(2)(v) of the act restricted the meaning of the word ' repairs ' to ' petty repairs ', usually carried out periodically and does not include repairs or renewal costing a large sum of money, which ..... that the expenditure incurred by the assessee on renovation of the cinema building could not be allowed as a deduction permissible under section 10(2)(v) of the act, because the expenditure was not of the nature of current repairs. moreover, it was pointed out by the learned counsel that the assessee had separately claimed an amount .....
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