Court : Rajasthan
Reported in : AIR1959Raj140
..... fresh registration of the firm became necessary as a matter of law. i think not. the relevant provision in this connection is to be found in section 63(1) of the partnership act. this section provides that:'when a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner, and when a registered firm is dissolved ..... can be no serious obstacle in the way of the acceptance of the position so far advanced by learned counsel for the petitioners. it is true that section 42 of the partnership act provides that a firm is dissolved by the death of a partner. it must, however, be remembered that this would be subject to contract between the ..... judgment and decree of the district judge, balotra dated 28-5-1954 by which he upheld the dismissal of the suit by virtue of the provisions of section 69 of the partnership act.2. the material facts leading up to this revision may shortly be stated as follows:3. the case of the plaintiffs kesrimal and pukhraj was that they .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj280
..... in this appeal the learned counsel for the appellant frankly conceded that he confined his case to the corrupt practices which fell within the definition of sub-sections 3 and 4 of section 123 of the act. in that elcction dr. pohumal was the candidate on behalf of the congress party. shri kishen gurnani was an independent candidate but he withdrew from the ..... our humble opinion the sense in which the word 'communal' is commonly used in india truly represents the intention of the legislature while using the word 'community' in section 123(3) of the act. it has a tinge of its adjective communal. having regard to the intention of the legislature and to the association of words 'caste, race and religion' with the ..... 'one brother' used in ex. 2 referred to him.he also stated that it was not a fact that he was set up by shri b. k. kaul or was financed by him. nobody had set him up or bore any of his expenses. shri jhumromal p. w. 4 stated that he was a worker of shri kishen gurnani and 'one .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj60
..... of only one meaning that a hindu married woman is to have the right of separate residence and maintenance only after the coming in-to force of the act. sub-section (1) of section 2 says that such right is available to a hindu married woman if the husband is suffering from any loathsome disease not contracted from her.this means, that ..... wife prior to the wife claiming separate residence or after her.the legislature must be taken to have purposely used the words 'marries again' in sub-section (4) ofr section 2 of the act only to grant relief to a wife it her husband marries any woman after her marriage with him. the legislature intentionally did not grant any relief to ..... born to her in that condition. he has also held that she was unable to work. he was of opinion that it was justifiable cause under sub-section (7) of section 2 of the act for granting maintenance to the plaintiff. the learned judge of the lower appellate court has given no opinion on this point. instead of remanding the case .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj105
..... jurisdiction of the revenue courts, indeed when the case was before the collector it was with his agreement that the proceedings were converted into those under section 32(1), hyderabad tenancy act', and it was observed that:'in the matter of issue of a writ by way of certiorari the high courts' powers are discretionary, and where ..... chairman and one other member were disqualified to be members of the board since both of them were members of the state transport advisory board which deals with finances and other matters of the state transport undertaking. no such objection regarding want of jurisdiction was raised before the board and the objection on the score of ..... mr. chandrasekhara aiyar began to sit again with mr. sen and mr. mazumdar, it was imperative for the government to issue a notification reconstituting a tribunal under section 7 of the act. 21. kama c.j., who delivered the majority judgment, held that when the services of a member had ceased to be available to the tribunal, the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj92
..... rajasthan and the liability to indemnify had devolved on the state of rajasthan the agreement would have become frustrated within the meaning of section 56, contract act, on the coming into fores of the finance act, 1950, because the consideration for the agreement namely payment of 7 1/2 per cent on the net profits became irrecoverable ..... that statute and the provisions of the constitution.(2) assuming the agreement to be special law it was repealed by section 30 of the rajasthan excise duties ordinance, 1949, and by section 13 of the finance act.45. in every view of the case therefore i find that the agreement dated 17-4-41 is not enforceable ..... 291, 295 and 306 of the constitution. in pursuance of the agreement the central excises and salt act, 1944, was extended to rajasthan under section 11 of the finance act, 1950 and the rajasthan excise duties ordinance, 1949 was repealed under section 13. the union government started recovering excise duty from the laintiff with effect from 1-4-1950 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj3
..... fails and is dismissed summarily.8. mr. lodha has prayed for leave to appeal tothe supreme court on the ground that a question re-garding validity of section 301 of the act is involved andthe point is of some importance. we do not thinkhe has been able to make out a prima facie case inhis favour. it cannot, ..... followed even in a case of the type of makrana board, it would not have continued the existing boards that were formed under the repealed acts.in case the principles underlying section 9 are followed in the instant case, the elections already held would have to be set aside and fresh elections shall have to be arranged, ..... otherwise, to have been respectively constituted, nominated, appointed or elected, formed, defined, made, issued, imposed, entered into and instituted under this act'. 4. before proceeding to examine the validity of section 301, we would like to refer to the authorities referred to by the learned counsel which lay down the scope within which delegated legislation is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj294
..... directors at all. they having done so, the directors themselves should be deemed to have created the charge, and thus infringed section 8 of the insurance act. section 13 of the rct habilitation finance administration act of course provides that the assets created from the loan shall, notwithstanding any law or usage to the contrary, be deemed to ..... deposited this amount with the reserve bank of india for the purpose of carrying on the life insurance business under section 98(2) of the act. it is submitted that by virtue of section 13 of the rehabilitation finance administration act, there was a charge attached to the loan itself, and, therefore, it should not have been taken by ..... their own created such a charge. the charge was created by operation of law and it was no fault of the directors if section 13 of the rehabilitation finance administration act had an overriding effect notwithstanding any law or usage to the contrary.7. it is next contended that the directors should not have taken .....
Tag this Judgment!Court : Rajasthan
Reported in : 1961CriLJ416
..... the company had been held during the year in question. it was, therefore contended that it was impossible for them to comply with the requirements of section 26. now section 26 of the act of 1908 provided that once at least in every year a list was to be made of all persons who 'on the fourteenth day after the first ..... prosecuted the directors of a certain motor transport company for their failure to place the balance-sheet before a general meeting of the company under section 131(1) read with section 133(3) of the act. the defence was that as no general meeting had been held, the question of placing the balance-sheet before a general meeting could mot ..... income and expenditure account, as the case may be) duly audited are laid before the company in general meeting, broadly speaking, once in every calendar year under section 131 of the act.the directors, therefore, cannot be allowed to escape the performance of these duties by the mere plea that they had no real control over the affairs of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1961Raj120
..... should now be treated as a settled law that a defendant tenant raising any kind of contest other than about arithmetical calculation, cannot claim protection against eviction under section 13(4) of the act. in these circumstances, although the decree is not supportable on the ground relied, upon by the courts below, it has to be maintained on this ground ..... the amount of rent due to him and, therefore, the question which has to be considered is whether the defendant appellant can claim protection against eviction under section 13(4) of the act 8. this question was considered by a division bench of this court in shambhooram v. mangalsingh, 1958 raj lw 574: (air 1959 raj 59) and ..... . 11. in the end, mr. gupta attempted to invoke the protection under section 114 of the transfer of property act. a prayer of this type is frequently-made from the bar and, therefore, it is necessary and desirable to examine the question as to when can .....
Tag this Judgment!Court : Rajasthan
Reported in : 1961CriLJ406
..... import of gold in india. on that day notification no. 53 dated september 4, 1939 was issued by the finance department of the central government in exercise of the powers conferred by section 19 of the sea customs act. it prohibited import or export of gold into british india from or to any place other than burma.on march ..... another ground.however as the matter was canvassed before me i would like to say that the better view appears to be to hold that neither section 25 of the evidence act nor section 162 of the code of criminal procedure is in terms applicable to statements made by an accused before customs officers. but before accepting any such ..... import of gold except with the permission of the reserve bank of india. this notification superseded the aforesaid notification dated september 4, 1939 issued under section 19 of the sea customs act. the notification dated march 25, 1947 was superseded by other notification the contents of which were similar.no duty was levied on the import of .....
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