Court : Rajasthan
Reported in : AIR1959Raj264
K.L. Bapna, J.1. This is a first appeal by the defendant in a suit for recovery of damages for breach of contract.2. The case of the respondent according to the plaint filed before the trial Court on 14-5-1949 in me court of the District Judge, Kishengarh was, that the parties were members of the Chamber of Commerce, Ltd., Madanganj and dealt in gold and silver bullion according to the rules of the Chamber. It was alleged that the plaintiff agreed to purchase 50 bars of silver at Rs. 168/- per bar (100 tolas) deliverable on Asad Budi 1 Smt. 2005, the transaction itself having been done on Jeth Budi Amavas (7th June 1948) of the same year through the registered brokers of the Chamber.It was alleged that the defendant while entering into an agreement of sale of the aforesaid bars,said that this transaction was to be entered in the name of a merchant whose name would be disclosed later on, but if this was not disclosed, the transaction would be as if entered by the defendant. On the next ...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1958Raj161
..... judge who constituted the division bench which dealt with the above case. with all respect to desai j. we are unable to accept the above observations as correct. section 41 of the evidence act enumerates all the classes of judgments which are judgments in rem. they are the judgments of courts of probate, matrimony, admiralty and insolvency. it may be noticed that ..... otherwise would lead to this difficulty that a person appointed a mutwalli by the district judge in a suit under section 92, can claim to be a mutwalli only against those who are parties to that suit and his right to act as mutwalli would be subject to a challenge by every other third party'. he made it clear however that ..... 'it does not mean that after a decree in a suit under section 92, it is not open to a person interestedin the property and not a .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj201
..... elected.27. under rule 18 (d) he shall announce suchelection by posting a notice at the office of the panchayat and also by beat of drum.28. under section 15 of the act every panch or sarpanch shall as soon as possible, after his ejection or appointment, as the case may be, make in the prescribed manner the prescribed oath or ..... declares a candidate duly elected immediately after the election is over. that is one date after which the election petition can be filed. then comes the oath under section 15 of the act which may be taken on this very day or some days or weeks later. that is another date after which the election petition may be filed viz. after ..... the notification under rule 18 (c) or it can be filed even before the notification under rule 18 (c). the reason why this trouble has arisen is this. section 15 of the act provides that every panch or sarpanch shall, as soon as possible after his election or appointment, as the case may be make in the prescribed manner the prescribed oath .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj16
..... of bribery could not be said to have been made against seth sobhag mal lodha. what is corrupt practice has to be seen by reference to s, 123 of the act. section 99 itself makes a provision for a finding to be given against the persons who are not parties to the petition, and the procedure provided is mentioned in the proviso ..... tribunal, dismissal of an election petition under the aforesaid provisions of the code of civil procedure can take place, and the decision can only be regarded as one under section 98 of the act. as held in the judgments of this court in shah alimuddin's case c. m. a. no. 70 of 1957, d/- 12-12-1957: (air 1958 raj ..... was raised on behalf of the respondents that the appeal is in-competent. it was urged that the right of appeal was provided under section 116a of the act, but it was restricted to orders made under section 98. section 98 according to the respondents, envisages a final order after conclusion of the trial on the merits that is, after recording evidence in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj227
..... by law not to disqualify its holder;' some argument seems to have been addressed on the basis of the definition of the words 'appropriate government' in section 9 of the act. it is enough to say that that definition cannot control article 102 of the constitution. that definition has been provided because of certain provisions made by ..... had been materially affected by treating shri hansraj as a retired candidate. besides these points, it was also urged on behalf of shri raj bahadur that section 117 of the act was not properly complied with so far as the deposit of security was concerned and the election petition should have been thrown out on that ground. thus ..... the returning officer.(2) the returning officer had committed an illegality in treating shri hansraj, who was one of the nominated candidates, as properly retired under section 55a of the act.3. it was urged that on account of these two defects, the result of the election had been materially affected and the election of shri raj .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj260
..... for a second term of three years from 1st of november, 1956. the contention of the applicant is that the reappointment without following the procedure prescribed in section 12(1) of the act was invalid and, therefore, this court should issue a writ of quo warranto after holding this appointment invalid. 2. the application has been opposed by ..... left to the applicant was to approach the court. 4a. this brings us to the main question in this case, namely whether the procedure provided in section 12 (1) of the act is necessary to be gone through when a person is reappointed vice-chancellor for a second term in continuation of his first term. the relevant provisions ..... was to expire on the 31st of october, 1956. the procedure for the appointment of the vice chancellor is contained in section 12 of the university of rajputana act, 1946 as amended up to date (hereinafter called the act). whenthe term of shri chatterji was to run for a few months more, a meeting of the syndicate of theuniversity .....
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 : AIR1958Raj324
..... finding of the tribunal and the contentions of the petitioner, paras 1, 2 and 17 of the petition fall within the mischief of sub-section (4) of section 123 of the act. further the tribunal held that although it was not proved that sheopatsingh got the pamphlet printed, it was proved that he himself and his agents ..... well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the sections of the act and the rules made thereunder. if all that can be said of these statutory provisions is that construed according to the ordinary, grammatical and natural ..... , reader, bhakra colonisation, tehsil sangaria with headquarters at hanumangarh and ramchander, irrigation patwari of halka kohla, hanumangarh tehsil came within the classes enumerated under section 123(7) of the act. on behalf of the petitioner it was not argued before us that any of the other officers mentioned in schedule b also comes within that classification. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj27
..... 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 had no ..... and are sutta transactions as characterised in common parlance; but even so they cannot be struck down as being of a wagering character within the meaning of section 30 of the contract act.again, generally speaking, and in the absence of special law, the position as respects suits brought by an agent or a broker to recover his brokerage ..... ex. p1 had been brought into being at jaswantgarh, a place in what was then the state of marwar and that that act contained section 69 which was on the same lines as section 69 of the indian act.on a careful consideration of this argument, we are of opinion that there is no force in it. a complete answer is .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj88
..... it was held that 'the mere existence of a clause to pay rs. 100/- as damages did not prevent the plaintiff from claiming specific performance by virtue of section 20, specific relief act.' the same principle is laid down in the case of sangali solagan v. nagamuthu malavadi, air 1925 mad 227. the latest case on the point is narayan ..... nagorao v. amrit haribhau, air 1957 bom 241. applying the principles contained in section 20 of the specific relief act, i am of opinion that in this case, the plaintiff cannot refuse the specific performance of the contract simply because a sum has been mentioned in the ..... ex. 1 as the amount to be paid in case of its breach. this contract is for the sale of the land and the explanation to section 12 of the specific relief act clearly states that unless and until contrary is proved, the court shall presume that the breach of the contract transferring the immovable property, cannot be adequately .....
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