Court : Rajasthan
Reported in : AIR1965Raj210; 1965CriLJ681
..... ajmer dated 29th june, 1960 to the effect that encroachment be removed throughout the city and the commissioner be authorised under section 78 of the rajasthan municipalities act to exercise powers under section 203 of the said act and take the assistance of the superintendent of police, deputy inspector general of police and the deputy superintendent of police. ..... of were committed by the non-petitioners in the discharge of their official duty, it may be pointed out that section 203 of the rajasthan municipalities act, 1959 which is as follows empowers the board to remove any unauthorised obstruction or encroachment from any public street or open space. '(1) whoever ..... on the merits of the case. that being so even though the court might have acted wrongly in issuing notices to the accused persons before holding preliminary enquiry under section 202 of the code, yet it cannot be said to have acted illegally in deciding the question of sanction upon the materials which were placed before it .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj180; 1965CriLJ535
..... judgment of their lordships of the supreme court in balkrishna savalram pujari waghmare v. shree dhyaneshvyar maharaj sansthan, air 1959 sc 798. dealing with section 23 of the limitation act which provides for torts and breach of contract constituting continuing wrongs, gajendragadkar j. as he was then, speaking on behalf of the court, laid ..... of such offence.' in the light of the arguments advanced at the bar two questions call for determination:-- 1. whether the proviso to section 265 of the act makes no distinction between the continuing offence and a non-continuing offence and requires that even a complaint in respect of a continuing offence should ..... municipal council, ganganagar, a complaint dated 2nd november 1961, was presented in the court of sub-divisional magistrate, ganganagar, for respondent's prosecution under. section 203 of the act. it was alleged that the respondent made an encroachment by constructing a room and a compound wall around the room in harijan colony ward no. 18 .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]37CompCas288(Raj)
..... rupees which were issued in consideration of the monopoly. as noted above, the state of rajasthan, therefore, filed on 23rd december, 1959, an application under section 155(1) of the act for rectification of the register of members.6. the said application was contested by the company on three grounds. it was urged that the application was time ..... on behalf of the appellant that the shares were allotted to the government of the erstwhile kotah state and the respondent could not file the application under section 155 of the companies act. there is no force in this contention, because, according to articles 295 of the constitution of india, all the rights of that state had ..... that: 'the company accepts the claim and devolution of right on the present government of rajasthan and is prepared to transfer the shares in the name of the finance secretary but there is a clear case of transmission.'4. thus, the company agreed to transfer the shares in favour of the petitioner on payment of transmission .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj145; (1969)ILLJ194Raj
..... consideration is whether the payment of wages authority has considered the matter properly according to the tenor of section 7 of the act. section 7 of the act runs as under:'section 7(1) notwithstanding the provisions of sub-section (2) of section 47 of the indian railways act, 1890 (ix of 1890), the wages of an employed person shall be paid to him without ..... india or of any state government or for being deposited in any post office savings bank in furtherance of any savings scheme of any such government.' section 7(1) of the act contains a clear mandate that the wages of an employed person shall be paid to him without deduction of any kind except those authorised by or under ..... whether the order passed by the petitioner against the workers was an order passed by 'other authority competent to make such order within the meaning of sub-section 2 (h) of the act, has not been dealt with by the payment of wages authority, we are inclined to think that the case has not been properly dealt with by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj151
..... continue to apply to him with full force. as an agent the pucca adatiya, in my view, is bound to carry out the direction of his principal, vide section 211 of the contract act. section 211 provides that 'an agent is bound to conduct the business of his principal according to the direction given by the principal, or, in the absence of any ..... i am unable to accept this argument as sound. the liability to account by an agent is always there and account has to be rendered on demand, vide section 213 of the contract act. making good the loss or accounting for the profit did not, in my view, make any difference about the duty to render accounts. in the present case the ..... in the position in which he would have been placed if they had carried out his instructions.from the language of section 211 of the contract act the learned counsel for the appellant tried to make out that when an agent acts contrary to instructions he is required to make good the loss but he is to account only if any profit .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]65ITR84(Raj)
..... estate duty. in attorney-general v. seccombe, the question turned on the interpretation of section 2, sub-section 1(c), of the finance act, 1894, which incorporated section 38 of the customs and inland revenue act, 1881, as amended by section 11 of the customs and inland revenue act, 1889, with regard to the provision which was in the following words :'property ..... face of the facts and the circumstances which have been narrated above, we think that the board was quite correct in holding that the provisions of section 10 of the act were attracted, and our answer to the question set out above is therefore in the affirmative. the respondent will receive costs of this case from ..... survived by her adopted son, shri satyanarayan mody and a grandson, shri suryakant mody, son of satyanarayan, who have been treated as accountable persons concerned under section 53 of the act. smt. purna bai, deceased, had an account in the bank of bikaner at jaipur in her name from 1st april, 1949. in july, 1953, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj1
..... urged that the wakf commissioner had no jurisdiction to decide disputed question of title, that he had exceeded the jurisdiction given to him by section 4 of the act, that he had misinterpreted section 6 of the act and, therefore, it was prayed that the entire proceedings taken by him and the impugned order passed by him on 15-12-1964 ..... necessary for the board to file a civil suit and that if the petitioners fail to approach the civil court within the time allowed by sub-section (2) of section 6 of the act, the list willbe final and conclusive and they would be debarred from raising the question that the disputed property was not a wakf property.8. now ..... rules as may be made in this behalf by the state government.' we shall deal with the interpretation of these sections later on.12. next chapter v deals with mutawallis and wakf accounts. chapter vi relates to the finance of the board, chapter vii to judicial proceedings and chapter viii to miscellaneous matters.13. now, it may be observed .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj61
..... section (1) of section 37 of the indian income-tax act, 1922 or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922 or under sub-section (1) of section 142 of this act ..... acting under section 132 of the act ..... authorities, section 8 ..... act ..... section. ..... section ..... sub-section ( ..... act 1922 or this act ..... sub-section ( ..... act, 1922 or this act (hereinafter in this section ..... act, 1922 or under this act ..... . 10. section 182 contains the ..... -section ..... acting ..... section ..... ) act. 1965 ..... section ..... , section x ..... section 132 of the act ..... section vests ..... section referred ..... this act: ..... section 182 of the income-tax act ..... section 131 of the indian income-tax act ..... section 182(5) of the income-tax act ..... section 182 of the income-tax act ..... section 132(5) of the income-tax act ..... section x, bombay, under section 132(5) of the income-tax act ..... section is that although the object of giving powers to an income-tax officer by section 131 and section ..... section (10) the board, or on receipt of the application under sub-section .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj190; 1967CriLJ1053
..... later on discovered buried away from the temple in the ground. surely the idol was removed and having regard to the evidence and the information under section 27 of the indian evidence act given by the accused-applicant he has been found to be one of the persons who did it, even if either of these two accused- ..... ahmed and mohammed. the idols were got identified and eventually the two applicants before me and 3 others were prosecuted in the court of the munsif-magistrate, jetaran under sections 295 and 380 of the indian penal code. the accused did not plead guilty. after recording the prosecution and the defence evidence, the learned munsif-magistrate acquitted mohammed ..... fine in the alternative and it was not a fit case for substantive sentence. for the offence under section 380 i. p. c. it was urged that the accused were entitled to the benefit of section 3 of the probation of offenders act. i have given my very anxious consideration to both these arguments but i am unable to agree. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]65ITR112(Raj)
..... growth in the state and, therefore, we cannot impute such motives to it as animate a private financier or a money-lender. functions envisaged under section 25 of the act are nothing but the activities of a welfare state and, therefore, the corporation could not put off the question of disbursing sanctioned loans by waiting for ..... fact. the position has been clarified in subsequent cases that such a question is a mixed question of law and fact : vide commissioner of income-tax v. national finance limited, janki ram bahadur ram v. commissioner of income-tax, and commissioner of income-tax v. p. k. n. company limited. it has further been ..... , that court had occasion to consider what were the characteristics of banking. the concern whose business was examined was united dominions trust limited, which was a large financing company, who described itself as bankers and was maintaining an important financial house. it has a high standing, including the bank of england amongst its shareholders. it .....
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