Court : Rajasthan
Reported in : AIR1958Raj184; 1958CriLJ971
..... the court of special judge, jaipur, and that the government notification in this behalf supersedes the jurisdiction of other special judges elsewhere.5. section 6 of the criminal law amendment act, 1952, (act xlvi of 1952) authorised the state government by notification in the official gazette, to appoint as many special judges as may be necessary for ..... specified in clause (a).6. the first notification is dated 26th august 1952, and is as follows :'in exercise of the powers conferred by section 6 of the criminal law amendment act, 1952 (no. xlvi of 1952), the government of rajasthan is pleased to appoint all the sessions judges and additional sessions judges in rajasthan, in ..... as may be specified in the notification to try the following offences :(a) an offence punishable under section 161, section 165 or section 165a of the indian penal code, or sub-s. (2) of section 5 of the prevention of corruption act, 1947;(b) any conspiracy to commit or any attempt to commit or any abetment of any of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj84
..... power. in the assam act, it is section 141 (2) (fa), in the bombay act, it is section 9, in the madhya pradesh act, it is section 144 (2) (b), in the madras act, it is section 112 (2) (i), in the punjab act, it is section 101 (2) (c), in the u. p. act, it is section 110 (2) (iic), in the mysore act, it is section 172 (2) a (b ..... ), in the pepsu act, it is section 125 (2) (b), in the saurashtra act, it is section 11, in the ..... travancore-cochin act, it is section 97 (2) (iii).9 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj280
..... scale was to be left over for future settlement. it was held by their lordships of the privy council that there is nothing in either section 91 or section 92 of the indian evidence act, 1872 to exclude oral evidence to establish that there was an agreement that the provision in the document for the widow's maintenance was not ..... agreement is impeached it is no defence to point to the apparent rectitude of the document and to claim protection from enquiry under the rule embodied in section 92 of the evidence act, which exists against the contradiction and variance of the terms only of those instruments, the validity of which is not in question. the instances mentioned in ..... give a final opinion as to whether that witness's evidence was believable or not.10. so far as the second argument is concerned, section 92 of the indian evidence act runs as follows :'section 92--when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj96
..... be pointed out that this contention is also not tenable.it is true that the classification of literacy has not been provided for ordinary panchas but section 13 of the rajasthan panchayat act, 1953 (act no. 21 of 1953) does provide that a person qualified to be elected as a surpanch or upsarpanch must be able to read and write ..... the rule that according to its provision every person, who is on the roll and who does not suffer from the disqualifications mentioned in section 12 and sub-sections (3) and (6) of section 19 of the act, is qualified to be a candidate for municipal elections provided he is capable of reading and writing hindi or is otherwise literate.in ..... in ray opinion, this argument is also not tenable. rule 13 (1) runs as follows :'13 (1). subject to the disqualifications mentioned in section 12 and sub-sections (3) and (6) of section 19 of the act, every person who is on the roll and is also capable of reading and writing hindi or is otherwise literate, shall be qualified to be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj181
..... rightly rejected by the returning officer.12. our attention was, in the last resort, drawn to the provisions relating to the withdrawal of an election petition (sections 108 to 110 of the representation of the people act no. 43 of 1951) in this connection, and it was argued that even if the petitioner had wished to withdraw his election petition, such withdrawal ..... sought to be withdrawn at any stage. permission to withdraw the election petition was never asked for much less it was given in the present case. consequently, the provisions of section 110(3)(c) were never, and could not be, attracted, and therefore, the petitioners were not entitled to come before the tribunal in any case. it follows that the benefit .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj260
..... was executed on account of the coercion of the plaintiff and that it has been executed without understanding the previous accounts. they also pleaded bar of section 69 of the partnership act and that of limitation. the learned civil judge framed certain issues which when translated into english are as follows: 1. whether the khata in ..... years. however after the rajasthan state came into being an ordinance styled the rajasthan limitation act (adaptation ordinance), 1950 (no. 6 of 1950) was promulgated on 24-1-1950 by which the indian limitation act was applied to the rajasthan state. under section 9(1)(a) of the state ordinance any suit for which the period of ..... limitation prescribed by the indian limitation act was shorter than the period of limitation prescribed by any law relating to the limitation .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj155
..... and by adding the word 'all' to the contesting candidates, even those candidates who had contested for a while were given that right by reading section 82 with section 97 of the act, and it may be that this is a sound policy of the legislature because the claim is not only that the election of the returned ..... there is no point in insisting on their being joined as parties, and the legislature could not have intended that they should be so joined.17. section 97 of the act permits recrimination by the returned candidate or any other party to the election petition where a declaration is sought that any candidate other than the returned candidate ..... 9-3-1957. mr. shah alim uddin, one of the unsuccessful candidates, presented an election petition before the election commission on 20-4-1957, under section 81 of the representation of the people act, 1951 (act no. xliii of 1951).besides the returned candidate, mr. satish chanclra agarwal, four other persons, mr. ghaffar ali, mr. kewal chand, mr. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj192
..... shrimadhopur, civil writ petn. no. 63 of 1954, d/- 25-1-1956 (raj) (1) that such publication is not sufficient publication within the meaning of section 62 of the act. this judgment, though marked as reportable, does not yet appear to have been reported. we were, therefore, referred to the original judgment on the record of the ..... part of the proceeds of such tax as it deems fit. then a provision has been made for the publication of sanctioned rules with notice under section 62 of the act. thus, the legislature has discharged its essential legislative functions in the determination of the legislative policy and formally enacting that policy into a binding rule of ..... on animals or goods or both brought within the octroi limits for consumption or use therein may be imposed after observing certain preliminary procedure provided by section 60 of the act and with the sanction of the government. the legislature has given out its policy that the octroi duty shall be imposed on animals or goods or .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj80; 1959CriLJ520
..... made thereunder and no prosecution, suit, or other proceeding shall lie against any officer of government for anything in good faith done or intended to be done under this act. section 19 then provides for tax payable by a dealer of or a manufacturer in motor vehicles.it lays down that a tax shall be paid by a manufacturer of or ..... granted or deemed to be granted under the motor vehicles rules in force for the time being in the state at the appropriate rate specified in schedule 4 of the act. section 21 then provides that notwithstanding anything to the contrary in any law for the time being in force in this state, it shall not be lawful for any local ..... prosecution happens to have been conducted in a very perfunctory and haphazard manner in the trial court.we wish to point out that before a conviction under section 4 read with section 11 of the act would be justified, on the view of the law which we have propounded the prosecution must establish that the motor vehicle was either used in any .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj145
..... to me however that when the federal court observed in jai gobind _singh's case (b), that the special provisions contained in order 34, rule 11 removed the conflict between section 34 and certain rules of order 34, it was in the sense just mentioned above that they had made the observation in question, and that observation should not be interpreted ..... 34, rule 2 or 4 or 7, which clearly require an account to be taken of both principal and interest on the mortgage, as also section 34 of the civil procedure code.it is true that under section 34, the award of in-terest from the date of suit to the date of decree is discretionary, but the discretion must be exer-cised on ..... be payable under rule 10.' 10. i may state at once that this rule relating to interest wag introduced by the amending act (no. xxi) of 1929 as it had been doubted in some decisions on the subject whether section 34 of the code of civil procedure applied to mortgage suits or not. order 34, rule 11 deals with interest in two .....
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