Court : Rajasthan
Reported in : AIR1957Raj64; 1957CriLJ391
..... thereof after the word 'circumstances' in the expression 'shall in such circumstances and under such conditions, if any, as may be specified in the order ......enacted in' section 21 of bombay public security measures act, 1947.9. there has been a decision of the supreme court in the case of gopalan v. state of madras, air 1950 sc 27 (f), in which ..... judge that the words 'with any property in his possession or under his charge' are to be read with the words 'any act' also in section 283 of the indian penal code.there is a comma after the words 'any act' which would have been unnecessary if the words 'with any property in his possession or under his charge' were to be ..... any warning to disperse but they did not heed the warning and remained standing. we cannot read the word 'act' under section 283, in such a wide sense, that mere standing on the road without anything more is such an act as is punishable under section 283, i. p. c. if that were so then anybody out of a crowd witnessing a fair .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj375
..... the ijaredar and the state. the ijaredar was the lessee for the purpose of collection of revenue and he had the same status as subsequently defined in section 95 of the jaipur tenancy act. baden-powell in his treatise on land-systems of british india says in volume i at page 184:-'the independent kingdoms did not have a very prosperous ..... the status or position of an ijaredar, the earliest authorised definition that can bb got is to be found in chapter xii of the jaipur tenancy act, 1945, which contains the following provisions:'section 95: a lease for the collection of rents is called an ijara, the person to whom it is granted the ijaradar and the area to which ..... the ijara, shall not toe otherwise transferable or be heritable. (2) where an ijaredar's interest is heritable, it shall devolve according to the personal law applicable to him. section 98:an ijaredar shall be liable to ejectment on one or more of the following grounds, namely: (a) on the ground that the rent due from him has not .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj12
..... ordered. it is a case relating to succession to jagir according to the law of the former bikaner state. the case will therefore be covered bv section 4 of the validating act.29. the case relates to succession to gajsinghot rajvis which was within the exclusive jurisdiction of the ruler of the former state of bikaner. after ..... the merger of that state in rajasthan it could be disposed of only by the rajpramukh under the covenant. now under section 4(d) of the validating act such a pending proceeding canonly be disposed of by the board of revenue. under these circumstances, the present proceedings before the collector churu or the ..... left to be governed by the law under which they had been filed. it seems to us on analogy that the legislature, when it enacted. section 37 of the jagir resumption act, could not have intended that appellate proceedings should also be brought to naught, and the jagir commissioner should enquire afresh into mattercovered by those proceedings. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj284
..... what time the district magistrate has to fix a date is not provided in the rules. a period of time is required to be fixed by sub-section (5) of section 22 of the act, and it is obviously within this time that the district magistrate is to fix a date for holding the special meeting. it was urged that the ..... and has been produced in this court as ex. p. 46. there is also the allegation of the petitioner that, he opposed shri brij sundar sharma, the present finance minister of the government of rajasthan, in the bye-election of sironj, and also appeared as witness against shri brij sunder sharma in the election petition filed by pt. abhinna ..... event of gross and continued neglect of any important duty, but normally government control should take the form of friendly advice and remonstrance only. (local self government and local finance in the united provinces of agra and oudh by dr. m. p. sharma, first edition page 6). the royal commission of 1906 also recommended as regards outside control .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj248; 1958CriLJ1243
..... still approach the magistrate who issued the conditional order and request to appoint a jury, although he has been directed to appear before some other magistrate. section 136 refers to the consequencesof the failure of the person proceeded against to comply with the order, or to show cause before the magistrate before whom ..... place in that section. section 133, therefore, stands by itself independently of section 192 of the code. if section 192 were to prevail, these special provisions ..... first or second class magistrate. the competency under section 192 may be with respect to his powers or with respect to the area for which he may be empowered to act. that restriction does not appear in section 133. if section 192 were to govern a case under section 133 these special distinctions could not have found a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj41
..... particularly as no rules were framed for guiding the discretion of the chief panchayat officer in the delimitation of wards. the applicant, therefore, prays that section 5 of the act mav ho struck down and all the panchavats established along with the delimitation of wards in them be declared illegal an'd fresh panchayat circles be ..... equal protection of the law guaranteed under article 14 of the constitution and also amounted to discrimination forbidden under article 15. he, therefore, submits that section 5 of the act which can permit such abuses should be struck down as violating arts. 14 and 15 of the constitution.4. the abuses which the applicant has pointed ..... the tehsil panchayat. he says that he then found certain defects and his contention is that in view of those defects, this court should declare section 5 of the act invalid and stay election proceedings relating to degana tehsil panchayat till the defects are remedied and the law amended.3. the first defect, according to the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj52; 1958CriLJ222
..... , who had sent kapura to make the report, however, himself arrived at the thana shortly afterwards and reported that rawta had died. consequently, a case under section 302 and various other sections of the indian penal code was registered and the sub-inspector came to the spot to investigate the matter.4. the accused in their statements admit that an ..... the trespassers in firm possession of this open piece of land. rightful owners do not lose their possession, particularly on an open piece of land merely because of a single act of trespass of this nature. in sitaram khapre v. tilokchand, 141 ind cas 273 : (air 1933 nag 36) (a) the nagpur judicial commissioner's court observed as ..... be members of an unlawful assembly.11. in this case also, the accused had undoubted right to the land. they had not lost possession over it by that single act of trespass on the part of chatra. if, therefore, they went to plough their land on the 6th of september, they were only doing what they were entitled to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj223
..... for the applicant relied upon the ruling of the madras high court in air 1937 mad 419. in that case the learned single judge held that--'section 69, clause (2), partnership act, which is only a rule of procedure would not affect the right to sue, and being an enactment relating to procedure and therefore retrospective in its ..... although it specifically provided that any legal proceeding in respect of a right, title, etc., acquired, accrued or incurred before the commencement of the act should not be affected by anything in the act, section 69 still governed such suits.his lordship, however, did not categorically differ from the view taken by bennet j., as the case came up ..... the plaintiffs opposite parties. two points emerge for decision in this revision. they are as follows:1. whether the suit was barred by the provisions of section 69 of the partnership act?2. whether the court of first instance was not justified in closing the evidence of the defendant on the 13th of january, 1953?6. i .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj27
..... argument, we are of opinion that there is no force in it. a complete answer is provided to this contention by sub- section (4) of section 69 of the marwar partnership act. this sub-section provides that section 69 shall not apply to firms or partners in firms which have no place of business in marwar.admittedly, the plaintiffs' firm ..... instead the defendant made general al-legation that the entire business carried on at the plaintiffs' shop was 'sutta,' that the plaintiffs did not have the necessary finances to take delivery of the bales purchased by them and that no de-livery was ever given or taken.now so far as the last mentioned statement is concerned ..... no. 4 were in working charge of the firm at gulabpura and bhilwara, and that the plaintiffs themselves remained at jaswantgarh their place of residence and were the financing partners. reverting to the business allged to have been done by the joint hindu family firm surajmal shankerlal under the commission agency of the plaintiff's firm, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj193
..... names of kishanlal bikania and shrimati kasturibai respectively. the income-tax officer called upon the assessee to prove the genuineness of these two items under section 23(3) of the act. apart from these two items, the assessee was also called upon to explain the nature of an account headed radhakishan satyanarain. it may be ..... of the family in partnership under the same firm name, the partners being jagannath, harnarayan and rammivas. the case of the assessee was that for purposes of financing the business, short term deposits were accepted. during the accounting year relevant to the assessment year 1944-45, total deposits amounting to rs. 338000/- were taken ..... then appealed to the income-tax appellate tribunal which dismissed both the appeals relating to income-tax and excess profits tax. the assessee then filed applications under section 66(1) before the tribunal which were rejected on the around that no question of law arose out of their order. civil miscellaneous application no. 44 .....
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