Court : Rajasthan
Reported in : AIR1974Raj116; 1973()WLN598
..... 1096 and p. vairavelu mudaliar v. sp. dy. collector, air 1965 sc 1017 has been held to be the just equivalent of the property acquired. under section 23 of the acquisition act there is no provision for taking into consideration the potential value of the land. the real grievance is that this land, which is being acquired for a negligible ..... the petitions from which these 17 appeals arise. in order to appreciate the rival contentions a recall of the relevant dates will be useful. the notification under section 4 of the acquisition act (exhibit 1) was published on june 9, 1960. survey of the land in question was made thereafter but we do not know the exact date. no ..... 188 and 189 of 1970 on the ground that the khasra numbers of the lands relating to these writ petitions were not mentioned in the notification under section 4 of the acquisition act writ petition no. 1719 of 1970 was allowed because the notices in this case were issued against naga whowas already dead at the time of the issuance .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj79; 1973()WLN281
..... the tape-record. it was observed in this this case that a contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under section 8 of the evidence act. it is res gestae. it is also comparable to a photograph of a relevant incident it was pointed out that when a court permits a tape recording ..... having closed his evidence, there was no provision which enables the court to take additional evidence. neither order 13 rule 2, c. p. c., is applicable, nor could section 151. c. p. c. 'be resorted to according to learned counsel.13. so far as the admissibility of tape-recorded statements is concerned it is now well settled that ..... the plaintiff if any additional evidence were taken.8. by his order dated 13-5-1969 the learned munsif dismissed the application saying that the application was not maintainable under section 151, c. p. c. then a second application was made by the defendant and it met the same fate. eventually the suit was decreed by the learned munsiff .....
Tag this Judgment!Court : Rajasthan
Reported in : [1974]97ITR705(Raj); 1973()WLN669
..... his income or furnished inaccurate particulars of such income for the purpose of clause (c) of this sub-section.'in sub-section (1) (c) the word 'deliberately' was omitted and the explanation was added to sub-section (1) by the finance act, 1964, with effect from 1st of april, 1964. the explanation means that where the total income returned ..... urged that there was no statutory obligation to maintain books of account; that the assessment in these cases was made under the proviso to sub-section (1) of section 145 of the act where the account books were treated as complete and correct but as the income was not deducible due to the lack of the supporting data ..... cases. the tribunal by its consolidated order dated 24th february, 1972, rejected all the six applications of the department. the tribunal noticed the explanation added to section 271 of the act with effect from april 1, 1964, and observed by reference to sree meenakshi mills ltd, v. commissioner of income-tax that 'when the finding is .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN587
..... working against the petitioner. from the totality of the circumstances placed on the record, there is no escape from conclusion that the power under sub-section (2) of section 40 of the act was misused by the government with a malafide intention to humiliate the petitioner.28. for the reasons mentioned above, the writ petition is allowed. the ..... on to another alternative and cannot initiate the enquiry without receiving the report of the collector if called under rule 3 of the said rules.14. section 40 of the act when carefully perused with rules 3. 4 and 5 of the rules make it abundantly clear that the law confers a power on the state ..... which was submitted to it in the year 1968 and initiated the enquiry against the petitioner and while exercising its power under sub section (21 of section 40 of the rajasthan pancnayat samitis and zila parishads act, 1959, the petitioner was suspended. mr. raj narain in these circumstances strenuously argues that no illegality has been committed by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN699
..... complain when the passing and repassing in the foot-path would be obstructed on account of these four pillars he placed reliance on the provisions of section 161(1) of the rajasthan municipalities act and relied on manglaur municipality v. mahadeoji : [1965]2scr242 and pyarelal satpal v. santlal 1972 rlw 514. mr rastogi appearing for the ..... the passage of traffic and the administrator found that it would not. the construction was to be done under the supervision of the municipal engineer and the financer was to obey the instructions of the municipal board as per ex. 2 dated 11.10.1963. the scheme was accordingly approved but hiralal petitioner-appellant felt ..... 1963 that the scheme of a clock tower was towards the beautification of the town and such schemes were ordinarily financed by the municipalities themselves, and the municipal board sardarsahar was fortunate that it came to be financed by a citizen. it was also examined if the construction of he clock tower will in any manner obstruct .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj184; 1973()WLN756
..... material defects in the property which the lessor was bound to disclose. this would amount to change of the defendant's case. moreover clause (a) (a) of section 108 of the transfer of property act is subject to a contract or legal usage to the contrary. learned counsel for the plaintiff was at pains to point out that there was no common ..... of this entire period. it has been submitted on behalf of the defendant that this amendment is necessary to enable the defendant to take advantage of section 108a (a) of the transfer of property act which lays down that the lessor is bound to disclose to the lessee any material defect in the property with reference to its intended use of which ..... .15(c) rs. 3,000.00(d) rs. 5,625.695. in connection with the first two items reliance was placed on behalf of the defendant on section 108(f) of the transfer of property act and clause 4 (x) (b) of the lease deed. it was, however, held that these two items cannot be claimed by the defendant without payment of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj93; 1973()WLN809
kan singh, j. 1. this is a husband's appeal directed against an order of the district judge, partabgarh, passed under section 24 of the hindu marriage act. 1955, hereinafter referred to as the 'act', awarding rs. 25/- as alimony pendents lite to the respondent-wife. the orderbeing a short one, i may read it in ex-tenso : 20&6&72 odqyk, qjhqsu gkftj gs a cgl nj[kklr ij lquh xbz aizkfkhz us viuh bude 100a&:- ekfld crkbz gsog vdsyk gs tcfd ukwu &fivh;'kuj dks vius vykok nks ekbuj cppksa dks hkhliksvz djuk imrk gs ukwu&fivh;'kuj dh bude 175a&ekfld; crkbz tkrh gs ,slhifjflfkfr esa ukwu&fivh;'k;j dks fivh'kuj ls 25a&ekfld; crksj esufvuwulisumsuvhykbv fnyk;k tkuk mfpr gs a vr,o vkkk gs fd izkfkhz ukwu&fivh;'kuj dks25a&ekfld; vkt ls ml nj[kklr ds qslys rd nsr jgs a ,dlisul vkwq izksflfmaxtds fy, tc hkh ukwu fivh'kuj dh vko';drk gks nj[kklr is'k djs mlds fy, vyx lsgqde fn;k tk;xk a fely rk- 30&10&72 dks oklrs tokc is'k gks a lgh] hkkuq dqekj tsu] fmlvhdv twt] izrkix
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN846
..... to police case no. 36/73 dated 16-3-1973. it relates to the recovery of one bottle of illicit country made liquor and an offence under section 54 of the excise act against one lalaram son of bholuram. in an attempt to relate it to the detenue the superintendent of police informed the d.m by ex b/1 that ..... that the d.m. was interested in recounting of the alleged mis-deeds of the detenue but he only mentioned those which apparently influenced his mind to act under section 3(1)(a) of the security act. the words (besides this) are clearly indicative of the connection between what preceded and what followed.10. in regard to the ground relating to cement ..... of the grounds supplied to the detenue suffers from the vice of vagueness, irrelevancy, non-existence then the order which follows those grounds falls to the ground.8. section 8 of the act provides that if a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN892
..... were only competent to allow emoluments to the employee at a level of 40 percent of the pay he was getting as guard. the authority under the act has hot been empowered under section 15 to make any such direction to those superior officers, the railway is responsible to pay to the nonpetitioner only such wages as he was actually ..... of fixation of pay cannot be treated as tantamount to deduction of the salary and it could also be not regarded as incidental to the proceedings under section 15 of the payment of wages act. fixation of pay in accordance with the rules is in fact determining the terms of employment of person. once pay is so determined, further deductions ..... res judicata. apart from that i have held in earlier part of this judgment that the rule of res judicata underlying section 11 c.p.c. cannot always be imported into the proceedings under the payment of wages act. i have found in the present case that the previous order by which the employee seeks to debar the petitioner from .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1975Raj40; 1974(7)WLN63
..... some material temporal advantage (k), pecuniary or capable of being estimated in money (1), which flows directly and in the ordinary course of things (m) from the act of the defendant or an act for which he is responsible (o). 223. example of what is not special damage. the following are examples of what does not amount to special damage:-- mere injury .....
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