Court : Rajasthan
Reported in : AIR1973Raj132; 1972()WLN803
..... in the absence of contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of price- (a) to the seller in a suit by him for the amount of the price -- from the date of the tender of the goods or from the date on which the price was payable; (b) to the buyer in a suit by him for the refund of the price in a case of a breach of the contract on the part ofthe seller -- from the date ..... was payable by the defendant; that the suit was barred by limitation under article 52 of the indian limitation act, 1908 excepting for a period of two months; that the suit was barred under section 57; that issues nos. ..... if it is satisfied that the licensee has failed to comply with any provision of the sixth schedule, and shall when requested so to do by the licensee, constitute a rating committee to examine the licensee's charges for the supply of electricity and to recommend thereon to the state government 3 provided that no rating committee shall be constituted in respect of a licensee ..... at no point of time had asserted that this was not the quantity consumed by it and it was simple arithmetic to calculate the unpaid balance when there was no controversy about the units of electricity consumed as per copies of the bills exhibits 9 (1) to 9 (95). 5. mr. m.d. ..... section 56 of the supply act had not come into operation when the rate was increased to eight annas ..... the right to sue arose when the report of the rating committee was approved by the government on 31-10- .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj245
..... counsel for the respondents that the preliminary decree passed by the court was in accordance with the award, that although the defendants had challenged the validity of the award in an appeal under section 39 of the arbitration act, it was in essence an appeal against the preliminary decree, because the preliminary decree and the award were identical, that after the decision of this court on 3rd july 1961 the order ..... more vehemently urged by learned counsel for the appellants is, that the respondents' application for obtaining the final decree was covered by article 181, indian limitation act, that under the said article, the prescribed period of three years commenced from the date when the right to apply accrued, that the right to apply for the final decree accrued on 10th december, 1956 immediately after the preliminary ..... appeal, which was filed by his clients in this court, was filed under section 39 of the arbitration act against the order of the sub judge, ajmer, dated 10th december, 1956, refusing to set aside the award, that it was not an appeal from the preliminary decree and therefore the fact that the respondents were impleaded as legal representatives of the deceased plaintiff in the said appeal did not enure to their ..... obligatory for the plaintiffs to file an application for the final decree and the situation created was similar to the one which prevailed, at the time when section 88 of the transfer of property act was not amended by the code of civil procedure. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989WLN(UC)457
..... again the period of limitation provided by the residuary article 120 of the limitation act of 1903 was shorter than provided by article 19 of kanoon miyad mewar and, therefore, by virtue of section 30 of the indian limitation act of 1908, the suit could only be instituted within a period of two years next after the coming into force of the indian limitation act, 1908 in part b states or within the period prescribed for such suit by article 19 of kanoon miyad mewar whichever period ..... this mortgage, the defendants remained in possession for more than 12 years, they became mortgagees on the expiry of 12 years from samvat 2004 when the accounts were settled between the parties and the defendants were allowed to remain in possession of the property which had been allotted to the plaintiffs ..... thus the portion of the property which had fallen to the share of the plaintiffs remained in possession of the appellants and it was agreed that when the plaintiffs would pay their share of the mortgage money and the repairs and improvements with interest at 8% per annum, they would be entitled to get the possession ..... his lordship observed as under:from what has been said above it is clear that where the transfer of the property act is not in force and a mortgage with possession is made by two persons, one of whom only redeems discharging the whole of the common mortgage deed, be will, in equity, have two distinct rights: firstly, to be subrogated to ..... also substituted as his legal representative. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj318
..... that way to our mind is to hold that the 1951 act shortens the period of limitation in such class of cases to nothing and, therefore, the period prescribed in the 1951 act is shorter than the period prescribed in the 1950 act and, therefore, section 30 of the 1951 act will apply to such cases.therefore, if an acknowledgment or part payment is made within the period prescribed by section 30 of the indian limitation act as contained in the 1951 act, a fresh period o limitation for three years for suits ..... 227 (pc) (b).we would, however, like to add that that was a case where the question was whether the terms of section 19 as they were in the limitation act of 1877, when the suit was brought, would apply or the terms of a similar provision in the limitation act of 1859 would apply and it was held that the terms of section 19 of the act of 1877 would apply.though, therefore, the principle is that even in cases of acknowledgments and part payments, the terms of the ..... the exact meaning of section 4 of the 1.945 act was considered in jeth mal's case (a), and it was held that though the words of section 4 were somewhat different from the words of section 30 of the indian limitation act, the intention was more or less the same.therefore, when the 1949 act came into force, it will have to be seen whether the period of limitation was shortened by it as compared to the 1945 act. .....
Tag this Judgment!Court : Rajasthan
Reported in : III(2006)BC102; [2006]133CompCas843(Raj); RLW2005(4)Raj2952; 2006(1)WLC110
..... , which starts with a non obstante clause with the expression notwithstanding anything in the indian limitation act or any other law for the time being in force', with section 543(2) which ended with expression, 'whichever is longer', it clearly indicates that the period of limitation will commence from the date of commencement of winding up of the company till date of winding up order (both inclusive) and an additional ..... the apex court however concluded as under:-'in other words, in respect of a legally enforceable claim, which claim could have been made by the company on the date on which the application for winding up is made, could be filed by the official liquidator by taking the benefit of section 458a of the companies act and getting the period of four years to be excluded from the period of three years as provided under article 137 of the limitation act. ..... by an amendment, the legislature has enacted and inserted section 458a in the act so that an official liquidator who is custodian of the assets and liabilities of the company would be able to file a claim on behalf of the company, which was legally enforceable on the date of winding up, after excluding the period indicated under section 458a of the act thereby the company or its share holders may not suffer any loss. .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2008)DMC94; RLW2007(4)Raj2925
..... prove that the deceased was subjected to cruelty or harassment soon before her death for, or in connection with, demand for dowry, and in absence thereof the presumption under section 113b of the indian evidence act, cannot be raised against the appellants; the prosecution has failed to prove the charge against the accused-appellants beyond all reasonable doubts, therefore, they are entitled to be acquitted.11 ..... demand for dowry, are concerned, it is contended on behalf of the appellant that the same are not proved, and in absence of consistent evidence in this regard a presumption under section 113b of the indian evidence act cannot be drawn against the appellants and the entire burden lies on the prosecution to prove the charge against them in the present case.28. ..... above position of law as well as the contentions of the learned counsel for the appellants, it is necessary to discuss the prosecution evidence in respect of these two ingredients of the offence under section 304b, ipc, that saroj was subjected to cruelty or harassment soon before her, death by the appellant and the the said cruelty or harassment, was for, or in connection with, demand ..... light of what is stated above, in our view, both the courts committed serious and manifest error in concluding that the appellant was guilty of the offence when the crucial and necessary ingredient that the deceased suman was subjected to cruelty or harassment by him soon before her death for or in connection with demand of dowry ..... legal .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997CriLJ1388; 1996(2)WLN681
..... ex.p-16 and keeping in view the alleged motive and the fact that the accused was entertaining a grudge against hari ram, the learned sessions judge came to the conclusion that charge under section 302 of the indian penal code as well as the charge under section 25(1)(a) of the indian arms act was brought home to the appellant beyond reasonable doubt.6. ..... was tried for the offences punishable under section 302 of the indian penal code and section 25(1)(a) of the indian arms act the other accused nikku alias manjeet and hanuman were charged under section 302 read with section 34 of the indian penal code. ..... as well as the sentence of the appellant shanker under section 302 of the indian penal code and section 25(1)(a) of the indian arms act are hereby set aside. ..... trial appellant shanker was found guilty under section 302 of the indian penal code and sentenced to life imprisonment and under section 25(1)(a) of the indian arms act sentenced to 2 year's rigorous imprisonment ..... on the basis of the report police registered the case under section 302 of the indian penal code and after usual investigation the challan was submitted before the learned munsif and judicial magistrate, suratgarh who ultimately committed the case to the court ..... public prosecutor has also not been able to point out why the other police officer who was present at the time of alleged recovery was not examined when the investigating officer jila singh could not identify the appellant shanker during his cross-examination. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996CriLJ3182
..... the appellant was acquitted of the offence punisahble under section 27 of the indian arms act.3. ..... and section 27 of the indian arms act. ..... and section 27 of the indian arms act.2. ..... one of them was a sikh aged about 35 years who accompanied her on all the three occasions when she went to village lilawali to see the deceased. ..... the evidence produced by the prosecution during the trial has sufficiently proved beyond reasonable doubt that the appellant was one of the three assailants and he has rightly been convicted and sentenced under section 302 read with section 34, i. p. c.8. ..... 1, hanumangarh who framed the charges against both of them under section 302 read with section 34, i.p.c. ..... learned district and sessions judge, hanumangarh convicted the appellant under section 302 read with section 34, i.p.c. ..... ajayab singh, the appellant was tried for offences punishable under section 302 read with section 34, i. p. c. ..... the conviction as well as sentence awarded to the appellant under section 302, i. p. c. ..... none of the witnesses named the appellant during their examination under section 161, cr. p. c. ..... the appellant was examined under section 313, cr. p. c. ..... after completing the investigation the police submitted a report under section 173,cr. p.c. ..... after completing the investigation he submitted a report under section 173, cr. p. c. ..... read with section 34, i. p. c. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN708
..... the auditor general of india has also the power to audit the accounts of the company as that of any other government company, on account of the provisions of section 619 of the companies act, but the question which arises for consideration in this case is as to whether the company has a statutory or public duty to perform and is amenable to the jurisdiction of this court under article 226 of the constitution.4. ..... it was held in the aforesaid case by their lordships of the supreme court that the aforesaid company nevertheless was a separate legal entity and was neither a government corporation nor an industry run by or under the authority of the union government, nor it was not a department of the government. ..... praga tools corporation was a company incorporated under the indian companies act, 1913 and the central government and the government of andhra pradesh had 88% shares between them. ..... the properties, assets, liabilities and obligations of the indian copper corporation ltd were acquired by the central government by virtue of the provisions of the 1972 act, and after such acquisition the central government parted with such rights, liabilities, obligations and properties and conferred them upon the hindustan capper ltd, no change whatsoever was made so far as the constitution or the incorporation of the company under the companies act, 1956 are concerned. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1975(8)WLN508
..... , and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1) of 1872, and when any part of such statement is so used, any part thereof may also be used in the reexamination of such witness, but for the purpose of only of explaining any matter referred to in his ..... diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any enquiry, or trial in respect of any offence under investigation at the time when such statement was made;provided that when any witness is called for the prosecution in such enquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved may be, used by the accused ..... confessional statement made by the accused appellant before the police is not hit by the provisions of section 25 of the indian evidence act, or by the provisions of section 162, crpc (old) and as such can be used in favour of the accused if those statements are used, then the accused is entitled to the exception of acting under grave and sudden provocation.5. ..... the resultant impasse created by sections 25, 26 and 27 of evidence act and section 162, crpc (old) is to about out as legally inadmissible not merely any confession made to police officer but anything said to a police officer by an accused person in .....
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