Court : Rajasthan
Reported in : 1971WLN(UC)31
..... what was strictly required under the contract voluntarily.21. it cannot therefore be said that the buildings were made for the defendant within the meaning of section 70 of the contract act. the plaintiffs are therefore not entitled to recover the cost of the buildings from the defendant.22. the plaintiffs will however be entitled to remove the ..... darbar as securities for the due performance of the terms of his contract. notes or other securities must before they are deposited, be endorsed in favour of the finance minister, jaipur.13. premises are already electrified. the contractor will have to pay for the electricity consumed by him.26. the distillery premises are close to the ..... reasonable expenses for guarding the plant and the buildings from the date of the expiry of the licence till the institution of the suit. after serving notice under section 80 c.p.c. and the expiry of the period of that notice, the plaintiffs should have removed the plant as the defendant had failed to exercise .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN281
..... executions shall, like suits, abate by the death of the judgment creditor, nor have any capses been cited to us to show that the analogy of the sections applicable to pending suits governs pending proceedings in execution. before execution can be had at all, a right must have been fully established; and delay is then ..... do abate, can we properly apply to the application of representatives, coming in to carry on the execution, the limitation prescribed by article 171 of schedule 11 of act xv of 1877, which is expressly confined to the 'legal representative of a deceased plaintiff' not of a deceased judgment-creditor. the latter may, it seems, ..... legislative classification is permissible if it is based on intelligible differentia and the said differentia has a rational relation to the object sought to be achieved by the act. the legislature can classify persons with distinct and common characteristics and properties. that distinction must have a rational relation or nexus to the object sough to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971(4)WLN329
..... the company. in a.c.k. krishnaswami's case, a notice of demand had been served on the company within the meaning of clause (a) of sub-section (1) of section 434 of the act, and it was held that a company may have liabilities more than its assets but still may have, in particular circumstances, the capacity to meet the demands ..... not the case of the petitioner that any demand was served on the company by any of its creditors within the meaning of clause (a) of sub-section (i) of section 434 of the act. so also, it is not the case that any execution or other process issued on a decree or order of a court in favour of any creditor ..... liabilities of the company amounted to rs. 8,84,367-23.3. it this state of the company's finances, notices were issued by the central government affording the company an opportunity of making its representation under section 439(6) of the companies act. thereafter, further opportunity was given to the company to raise its working capital and to convert the loans .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN620
..... is the main source of income for the municipalities in rajasthan, but when different rates are prescribed by the state government under the authority exercised under section 104 of the act, it must be justified on some rational basis. simply because a particular municipality requires more funds to discharge its primary and secondary functions, the government ..... of this historical background, the system of levying octroi came down to the present generation. the government of india set up a committee to study the local finance enquiry committee in 1951 and that committee submitted its report and recommended the continuance of the levy of octroi duty, but it recommended that the rates must be ..... octroi duty in the past and also it has to see the functions that a particular municipality has actually to discharge under the act sine octroi duty forms the backbone of the finances of a local body and in some cases the revenue collected from the octroi goes upto 80% of the total gross revenue of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN570
..... most formal manner otherwise a few lines above even challan number and the date of the deposit of the amount has been given in the order.6. section 25(3) of the act runs as under:section 25. agreement without consideration void unless it is in writing and registered. - an agreement made without consideration is void, unless - ...(3) it is a ..... padayachi and anr. v. vaithilinga padayachi and ors. a.i.r. 1918 mad. 1145 (f.b.), wherein it was held that the word 'debt' used in section 25 of the act must be taken to have been used in its ordinary meaning of a sum payable in respect of a money demand recoverable by action. this view was followed in ..... . 112 dated 5-2-53 for export of 1850 maunds gram outside rajasthan. this is subject to the verification of the deposit and other formalities as laid down in finance department rules.this is in final settlement of the claims as agreed by the party.sd/-administrative officer,civil supplies, rajasthan,jaipur.5. the argument of the deputy government .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1972Raj209; 1971(4)WLN660
..... or group of individuals however, kept quality control on salt production by small scale manufacturers who produce salt without licence.32. section 6 of the central excises and salt act, 1944, reads as follows:'section 6. the central government may by notification in the official gazette, provide that, from such date as may be specified in ..... salt has been mentioned as a specified goods in the first schedule and. therefore, the provisions of section 6 of 1944 act will undoubtedly be attracted in respect of the manufacture of salt. but section 6 of the act can be applied only when the central government by issuing a notification fixes a date for applying the ..... prohibition contained therein. learned additional government advocate mr. shrimal informed the court that after the act was extended to the state of rajasthan no such notification was ever issued by the central government under section 6 fixing a date for putting a ban on the manufacturers of their right to produce salt. in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN78
..... that the board comes within the definition of 'industry' and that shri gupta also falls within the ambit of the expression 'workman' as defined in section 2(s) of the act and, therefore, the dispute raised by the union comes within the term 'industrial dispute.' after going into the merits of the case, the labour court ..... chandra has filed an affidavit on behalf of the board wherein it has been stated that the board does not carry on any business but it simply finances the various institutions which manufacture khadi and other products of village industries and it gets money from the state budget and it advances money to such institutions ..... and village industries, board, and they are: (1) whether the rajasthan khadi gramodyog board, jaipur is an industry within the meaning of section 2(j) of the industrial disputes act (hereinafter called the act, and (2) whether the manager of the gramodyog training and production centre of the board at sanganer comes within the expression 'workmen' .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN186
..... acceptation, we may also refer to butterworths 'words and phrases'- legally defined. there it has been stated 'an entertainment to come within the provisions of the finance (new duties) act, 1916 (repealed) must be some 'exhibition, performance, amusement, game or sport' provided, though not necessarily by the owner of the place of entertainment, for ..... -7-1968 to 20-7-1968.5. the respondent no. 2 further issued a notice dated 15-10-68 intimating further violation of section 6(1) of the act by the appellant in respect of further period from 1-8-1968 to 7-8-1968 and required the appellant to show cause against imposition ..... admission to an entertainment' and 'payment for admission' were similarly defined. after noticing the definitions, the bench observed:now, it will be seen that the definitions given in section 2 of 'entertainment', 'payment for admission', and 'admission to an entertainment.' are not precise. they are inclusive definitions. the terms must, therefore, first be understood in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972CriLJ1387; 1972()WLN231
..... fazar was seriously prejudiced.13. in w. slaney v. state of madhya pradesh : 1956crilj291 . chandra sekhara aiyar j. speaking on behalf of himself and jagannadhadas j. observed as follows:sections 34, 114 and 149 of the indian penal code provide for criminal liability viewed from different angles as regards actual participants, accessories and men actuated by a common ob.iect ..... prejudice will have to be made out. in most of the cases of this kind evidence is normally given from the outset as to who was primarily responsible for the act which brought about the offence and such evidence is of course relevant.if the gravity of the defect (mistake in procedure) is so grave that prejudice will necessarily be ..... fired at jumma. and the shot hit on the right side of jumma's abdomen. thus it would be clear that there was no overt act on the part of kishan. the overt act of kishan comes later on when he is alleged to have fired at nasru, but this part of the prosecution has not been believed by the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN427
..... authority, and (ii) that he was not given an opportunity to show cause against the action proposed to be taken in regard to him as required by section 240 of the government of india act, 1935. he also claimed a decree for rs. 20 399-9-0, being the amount of arrears of salary. the appeal in the high court of ..... of the plaintiff's representation. another document relied upon by him is ex. a-10. this is dated 21st april, 1952 by the agricultural officer, state of ajmer to the finance secretary, government of ajmer, in this report reasons have been mentioned for having terminated the services of shri sundardas. the learned judge was of the opinion that the plaintiff's ..... removed from service with effect from 30-4-52. he placed reliance on a report dated 20th june, 1952 (ex. a. 5) made by the agricultural officer to the finance secretary, ajmer, in which it was stated that the plaintiff was not fit for outdoor duties as he applied for his transfer from gagwana to ajmer twice or thrice and .....
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