Court : Rajasthan
Reported in : AIR1963Raj209
..... . that being so, i am definitely of the opinion that having regard to the correct legal position in a case of this type, as i have discussed above, section 116 of the evidence act cannot possibly come in the way of the defendant so as to prevent him from showing that the plaintiff had no title to the house in question, or ..... title-holder under a threat of eviction from him. 14. from a review of the cases cited above, i have no hesitation in coming to the conclusion that section 116 of the evidence act imposes no bar on a tenant where he seeks to question the title of his landlord, on the ground that after the tenancy had begun, it had come ..... last case to which reference may be made in this connection is guruswami v. ranganathan, air 1954 mad 402. it was held in this case that estoppel in section 116 of the evidence act was restricted to the denial of title at the commencement of the tenancy and, therefore, it would be open to the tenant even without surrendering possession to show .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj241
..... the question is whether the plaintiff could have asked for dissolution of partnership and rendition of accounts in these circumstances. reference may be made in this connection to section 44 of the partnership act and clauses (f) and (g) thereof. clause (f) relates to a contingency where the business of the firm cannot be carried on save at a ..... in the office of the sub-registrar at kekri as the entire property was situate at para which, was within his sub-district within the meaning of section 28 of the registration act. no part of the property was situate within the sub-district of ajmer, and, therefore, the sub-registrar of ajmer had no jurisdiction to register this ..... to the contrary in the new deed of partnership. the plaintiff's case was that in accordance with the terms of the original partnership, he alone had been the financing partner with the result that he had invested a sum of rs. 1,20,000/- approximately in the business of the partnership. according to the plaintiff, however, in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj126
..... statement made by him to the school authorities as to the date of birth of the appellant or as to his age would be relevant under sub-section (5) of section 32 of the evidence act. there is abundant authority for the proposition that the statement of a deceased competent person is admissible to prove a person's date of birth with whom ..... question of his eligibility to stand as a candidate more or less untouched. it seems to us, therefore, that the collusiveness of the presumption created by sub-section (7) of section 36 of the act of 1951 does not and cannot extend any farther so as to bar an inquiry, for example, whether a person is a citizen of india or not or ..... be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of the constitution and this act.' by section 36(2) it is provided that on the date fixed for the scrutiny of nomination papers, it will be the duty of the returning officer to examine the same .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj162
..... imposition and collection of income-tax and if anybody wants to seek an exemption from taxes on his income he can do so under section 60 or 60a of the act. section 13 of the indian finance act of 1950 deals with repeals and savings of the old laws and we find that it does not save exemption of the company which is ..... claimed under the provisions of the agreement annexure a. learned counsel for the petitioner has also argued, that section 13 of the indian finance act, 1950 does not affect the exemptions of the company as it has not specifically abrogated the concessions contained in the agreement anuexure a. as has already ..... taxes has devolved on the union of india by means of the provisions of the constitution which is the supreme law .of the land. (4) that section 13 of the indian finance act of 1950 did not repeal the special law under which the petitioner company has sought immunity from tax on its income, and, therefore, it is urged that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj184
..... kumar the successful candidate to the rajasthan legislative assembly, from bansur constituency is void for corrupt practices under section 123(4) of the act.65. the substance of the decision may be intimated to the election commission and the speaker of the rajasthan legislative assembly. an authenticated ..... the petitioner.63. from the conclusion reached above, itfollows that the election of the respondent is liable to be declared void under section 101(b) read with section 123(4) of the act.64. i, therefore, accept the appeal, set aside the order of the tribunal and declare that the election of respondent satish ..... rspondent satish kumar shama was declared duly elected from the aforesaid assembly constituency by the returning officer. the petitioner badri prasad submitted an application under section 80 of the act to the election commissioner of new delhi, challenging the validity of the election of the respondent. in his petition, he had taken a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj161
..... as were madetherein, with which we are not directly concerned, and to provide for all or any of the matters specified in section 23 of the act. now, section 23 of the act enables the university to make ordinances to provide for certain matters mentioned in the 13 clauses thereof, which are concerned with the ..... lays down that the vice-chancellor shall be the principal executive arid academic officer of the university. section 12 prescribes the various authorities of the university, namely, the senate, the syndicate, the academic council, the finance committee, the faculties, the committees of courses and studies and such other authorities as may be declared ..... the ordinances could be enacted, and yet the functioning of the university could not possibly be held up on that account. consequently, the state government acting under section 39 enacted a removal of difficulties order about july 1962, soon after the university started functioning in 1962, by which, until the statutes and the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj205
..... or similar other apparatus falling within the definition of the word 'telegraph' without obtaining a licence throughout the dominion of india became an offence punishable under section 20 of the act. the question, however, is whether it was not for the plaintiff at all to have applied for such a licence. the position taken up ..... provisions for the setting up in what was india then two independent dominions, namely, india and pakistan with effect from the 15th august, 1947. by section 2 of this act, the territories of india were stated to be the territories under the sovereignty of his majesty which immediately before the appointed day, were included in ..... ) of this section further lays down that:'any functions so entrusted to a government or ruler shall be exercised subject to such conditions as may be imposed by the dominion government, including, notwithstanding anything in this act, any conditions with respect to finance, but it shall not be lawful for the dominion government so to impose .....
Tag this Judgment!Court : Rajasthan
Reported in : 1966CriLJ1329
..... judge further observed that the learned magistrate had no jurisdiction to award a sentence of imprisonment in lieu of fine in view of the provisions of section 265 (2) of the said act.3. this reference raises certain important questions of law which i would like to deal one by one.4. the learned judge came to ..... was raising a construction on her private land she could not be found guilty of an offence under section 170 of the act. this, in my opinion. is a misreading of the law. section 170 (11) of the act reads as follows: -'section 170 (11).--whoever begins, continues or completes the erection or re-erection of, or any material alteration ..... petitioner guilty of committing offence of raising construction on a public street without the permission of the municipal board and, therefore, she was convicted under sections 170, 203 and 251 of the rajasthan municipalities act, 1959, and she was sentenced to pay fine of rs. 10, rs. 25 and rs. 15, respectively, on these counts. the learned .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj21; 1965CriLJ217
..... 4. on an appeal by the petitioner, the sessions judge maintained the convictions and sentences under section 123 read with section 42 and section 53 read with section 112 of the act. in respect of offence under section 125 read with section 94 of the act while maintaining the conviction, he reduced the sentence to rs. 100/- and in default, simple ..... . the learned counsel for the petitioner in the first instance contended that the petitioner should have been tried in accordance with the procedure prescribed by section 130 of the act. he, however, did not go to the extent of submitting that the convictions of the accused should be vitiated on account of the disregard of ..... thought it proper to provide a summary procedure for such technical prosecutions. initially the legislature gave discretion, to the courts to adopt the procedure under section 130 of the act or to adopt the regular procedure, but the amendment has taken away the discretion from the courts and it is necessary for the courts to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj121
..... on your lordships. the nearest, i suppose, is ancona v. rogers, (1876) 1 ex. d. 285, a decision on the words 'apparent possession' contained in section 1 of the bills of sale act, 1854 (17 and 18 vic. c. 36). in delivering the judgment of the court in that case, mellish, l. j. said (page 292, ibid): 'there ..... consequences of their unlawful act, their lordships are of opinion that the liability which they incurred has been rightly estimated at the value of the goods upon the day of the attachment.'the ..... the respondent's premises which were pointed out by the appellants. the illegal attachment of the respondent's jute on the 28th november, 1883 was thus the direct act of the appellants, for which they became immediately responsible in law; and the litigation and delay, and consequent depreciation of the jute, being the natural and necessary .....
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