Court : Rajasthan
Reported in : AIR1967Raj280
..... the defendant mohrilal alone held a licence from competent authority for carrying on such a business. the partnership company did not hold such a licence.according to section 6 of the act of 1944, read with schedule 1 thereof, wholesale business in the purchase or sale of tobacco could not be carried on except under a licence, obtained ..... left entirely to the defendant who held a licence for the purpose, and, that so far as the plaintiffs were concerned, they were to all intents and purposes financing partners and, consequently, the present case was taken out of the purview of vakharia's case and was distinguishable from it and, therefore, the decree passed by the ..... such partners thus not having taken any part in the manufacture of salt, the arrangement did not infringe the provisions either of the licence or of section 11 of the act. basing his argument on this view learned counsel raised a powerful argument before me that the business in the present case of purchasing or selling tobacco .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj72
..... itor any of its officers from taking any actionagainst the petitioner for the recovery ofthe sum of rs. 8,997/13 paise under section 256or the allied sections of the act. we needhardly add that this will not prevent thestate from taking such further proceedingsagainst the petitioner, as may be open to itto have his ..... whichever point of view we look at the matter we are strongly disposed to hold the view that the recovery proceedings taken against the petitioner under section 256 of the act, are illegal. 14. for the reasons mentioned above,we allow this writ application and quashthe recovery proceedings instituted againstthe petitioner by the state and prohibit ..... rs. 5807/63 paise with his admitted signatures. 5. this brings us to the narrow question whether the recovery proceedings taken against the petitioner under section 256 of the act are lawful. by way of clearing the ground, we may as well mention here that these recovery proceedings have not been taken by the state under .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj278
..... jaipur district. mr. c. jacob, the then district judge, jaipur district, held that the civil judge, at jaipur had no jurisdiction to try the case by virtue of section 28, bombay rent control act, 1947, and, therefore, the plaint should be returned to the plaintiff for presentation to the proper court. the matter then came up before this court. it was, then ..... business in any other part of bombay. no restraint in trade was put on the business of gulabchand by the defendants, which is permissible by virtue of section 27 of the indian contract act. 1872. 7. the crucial point that is to be determined in this case is whether or not the parties entered into a contract for payment of good ..... the plaintiff's khatas, pertaining to smt. year 2001 to 2004, are in his handwriting. they are marked exs. 1 to 4. in the khata ex. 5 of smt. year 2007, there is an entry of rs. 1880/13/- which is in his handwriting. similarly, entries in the kacchi rokars exs. 20, 19 and 23 are in his handwriting. likewise, in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj244
..... look into the documents which had not been produced bv the respondent no. 3.fourthly, it is pointed out that the considerations adumberated in section 47 of the motor vehicles act for giving preference to one applicant over the other had been disregarded by the transport appellate tribunal.finally, it was contended by the petitioner that ..... in that connection he has also referred me to the petitioner's affidavit which he has filed after seeing the registration number of the vehicle with the financer of respondent no. 3.it may be mentioned that the averments in the affidavit are controverted by the respondent. learned counsel for the petitioner has tried ..... remains that the attention of the transport appellate tribunal was not pointedly directed to this aspect of the matter. it cannot be denied that under section 47 of the motor vehicles act the predominant consideration is the interest of the public generally and with that view the respective claims of the applicants are required to be dealt .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj241
..... , i. p. c.. by breaking open the locks of the house in dispute.all the accused, who were convicted, were given benefit of section 3, probation of offenders act, 1958, excepting the accused bhinya ram, who was sentenced to pay a fine of rs. 100/- only, in default of payment of fine to undergo ..... air 1940 lah 95 learned magistrate heard and decided a criminal case against the petitioner mohammad sharif for criminal trespass and convicted him. subsequently, the magistrate was moved under section 522, cr. p. c. to restore possession to the complainant in the original case, which he refused to pass. the sessions judge on a revision petition against ..... the trial magistrate at the time of conviction of the accused, within a month from the date of the original conviction, the complainant mamoti sahal, made an application under section 522 (1), cr. p. c., for restoration of possession and ultimately the learned trial magistrate directed restoration of possession by an order, dated april 21, 1953. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj155
..... therefore apply. the claim for restitution was therefore not enforceable and should have been dismissed. in taking a contrary view and in giving the benefit of section 65 of the contract act to the plaintiff the learned judge of the lower appellate court committed a serious error of law and that error has to be corrected. 25. ..... that some more expenditure would have to be incurred in building the body, insuring thevehicle and meeting the registration and other charges which sunder singh was unable to finance. he therefore entered into agreement ex. 1 dated december 28, 1958 for a partnership with plaintiff inderjit singh. under that agreement, sunder singh retained a three ..... thought it necessary to secure another bus for his permit and obtained a vehicle for that purpose from the new laxmi finance company ajmer, for rs. 21,000, on hire-purchase. the new laxmi finance company asked for security for the arrangement, and it was furnished by the plaintiffs father cyan singh at the instance of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN1
..... would not speak the truth. not only does an adverse inference arise against the prosecution case from the non-production as witnesses in view of illustration (g) to section 114 of the evidence act, but the circumstance of their being withheld from the court casts serious reflection on the fairness of the trial it is also laid down by the judicial committee ..... offence charged. here the prosecution has not by any reliable evidence established affirmatively that the accused has done an act which rendered him liable for the offence under section 307, i.p.c. the answers given by the accused in his statement, recorded under section 342, cr. p.c. merit consideration. likewise in bhanwar singh v. the state i.l.r. 1953 raj .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj233; 1968()WLN19
..... for the objectors, moved another application questioning the jurisdiction of the joint legal remembrancer to hear the objections. it was urged that in accordance with section 68-d of the act the stale government, that is the governor, alone could hear the objections and this function could not be assigned to officers subordinate to him in ..... legal entity, technically different from the government, yet virtually the corporation was a government body or a limb of the government in that the corporation was financed and controlled by the government, its chairman was appointed by the state government and out of the 5 official members three were the nominees of the state ..... of district judges. we are. therefore, satisfied that the state government could assign this function of hearing the objections and approving the scheme under section 68-d of the act to the joint legal remembrancer and it cannot be said that the officer suffers from any bias as would disqualify him from hearing the objections .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj254; 1968()WLN181; 1968()WLN181
..... from the date fixed in the notification and if no elate is fixed in the notification then from, the date of publication of such notification.'the validity of section 49 of the supply act was called into question in m. s. e'.. board v. kalyan borough municipality, air 1968 sc 991, but the contention advanced on behalf of the ..... electricity supplied by hydel system and/or from thermal process is one and the same. in order to lend support to his argument he has referred to section 49 of the supply act which provides for framing a uniform tariff for all consumers falling in the same category irrespective of the sources from which electricity is supplied to them.28 ..... to deal with the submission made by mr. agarwal on behalf of m/s. man industrial corporation limited, jaipur. his contention is that the notice under section 24 of the electricity act of the board for disconnecting the electricity on failure to pay the fuel surcharge must be quashed. it is argued by him that his client cannot be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1970Raj72
..... and a concessional rate of supply of electricity to the maharana of udaipur should continue to prevail in spite of the order made in accordance with section 57 of the electricity (supply) act. 17. in the view i have taken, there is no force in the claim of the plaintiff in the present suit, except that there ..... the state government for revision and removal of the concession in favour ot the maharana of udaipur. the state government accordingly appointed a rating committee under section 57 of the indian electricity (supply) act by a notification published dated june 21 , 1952 and the terms of reference of the committee were, as follows,-- 'to examine the charges of ..... by every licensee. it therefore, became the duty of the licensee to adjust the rates by periodical revision in accordance with the procedure laid down by section 57 of the indian electricity (supply) act. 12. the company actually applied for a revision of the rates. it is not in dispute that on may 12, 1953 the company applied .....
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