Court : Rajasthan
Reported in : AIR1959Raj206
..... , for the control of the production, supply and distribution of, and trade and commerce in, certain commodities. the crucial section in the essential commodities act is section 3 and sub-section (1) of that section furnishes the key-note to the purpose and object of the legislation and its underlying policy. it provides that if the ..... distribution and availability at fair prices of essential commodities and also for maintaining or increasing supplies thereof. here the opening words of sub-section (1) of section 3 of the act impugned before us: 'if the central government is of opinion that it is necessary or expedient so to do' are substantially identical.11 ..... orders themselves have been accordingly challenged by the petitioners on various grounds as being void and without jurisdiction. it is contended that the essential commodities act under sections 3 and 5 gives unfettered and uncanalised power to the central government for making any order that it thinks fit and even for delegating that .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj275
..... . it is not necessary to refer to the various sections of the electricity act which are said to have been contravened by the opposite party either in making a demand of arrears or in disconnecting the petitioner's premises ..... the rules and regulations for the supply of electrical energy published under notification dated 17-4-1956.the petitioner contended that the provisions of the indian electricity act, 1910 and the rules made thereunder had been infringed by the opposite party and the disconnection of the petitioner's premises was therefore illegal and arbitrary ..... them to reconnect the premises of the petitioner for supply of electrical energy,2. the petitioner company was registered in the year 1947 under the indian companies act, 1913. it has been running its business of cold storage ever since, having its registered office located at cold storage building, jotwara, jaipur. in the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj25
..... already reproduced above. learned counsel for the petitioner contends that the minister had no jurisdiction to pass this order or that in any case he acted in excess of his jurisdiction under this section and also that he had no right to appoint any enquiry officer in this connection. it is common ground, however, that in a ..... indeed inadvisable to attempt to define them exhaustively. in the aforesaid case it was held that an order passed by the state government under section 53-a of the c. p. and berar municipalities act (no. ii) of 1922 appointing an executive officer for a certain period with certain powers was a merely administrative order, and that ..... the collector to suspend the execution of any resolution or order of the committee or prohibit the doing of any act which is being done or about to be done under certain circumstances mentioned in the section. section 239 further authorises the collector in cases of emergency to get certain things done which are necessary for the service .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj49
..... having been applied for had not been fulfilled. the company, therefore, was rightly held by the registrar not to be entitled to commence business, section 103 of the companies act laid down that a company was not to commence business unless the allotment has been made of shares not less than the minimum subscription. in the ..... of the allotment of these 1000 shares, therefore, there must have been paid to the company rs. 2500/- before allotment could be made. under section 101 of the indian companies act, no allotment can be made unless the amount mentioned as minimum subscription has been applied for, and at least 5% thereof has been paid to ..... subscribed by and the directors shall carry the said agreement into effect with full power nevertheless subject to the provisions of section 99 of the indian companies act, 1913 & similarsections of the kishangarh state companies act from time to time to agree bo any modification of the terms of such agreement either before or after theexecution thereof .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj92
..... far as the state is concerned therefore the consideration for the agreement became unlawful with effect from 1-4-50 and the contract was frustrated under section 56 of the contract act. it is therefore not open to the plaintiff to enforce the indemnity clause contained in the agreement even if the agreement amounted to a special ..... contention was repelled on the ground that excise duty is a tax imposed on the manufacturer. the power to fix maximum price of cloth under section 3 of the essential supplies act was delegated to the textile commissioner, maximum prices were fixed by him taking into account the cost of production leaving a reasonable margin of profit ..... and the liability to indemnify had devolved on the state of rajasthan the agreement would have become frustrated within the meaning of section 56, contract act, on the coming into fores of the finance act, 1950, because the consideration for the agreement namely payment of 7 1/2 per cent on the net profits became irrecoverable .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj294; 1959CriLJ1476
..... that is, of witnesses other than eye-witnesses where he considers the recording of such evidence necessary in the interests of justice. lastly this view of sub-section (4) of section 207a does not in any way militate against the intention of the legislature in speeding up commitment proceedings. any other view, in my humble judgment, would ..... legislature desired to simplify and speed up the procedure for commitment, in cases instituted on police report, and to that end introduced amendments by the criminal procedure amendment act of 1955, yet, so long as the procedure of commitment has been preserved by our code for trial into certain classes of offences the main objective behind ..... . it may be pointed out that the old code prescribed a single procedure for committal of cases instituted on police report or otherwise. the amendment act of 1955, however, has retained the old procedure' for cases committed otherwise than on a notice report but has introduced a somewhat shorter' and speedier .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj152
..... not validly fixed and could not be retrospectively applied, and, secondly, that the composition of this board had not been lawfully determined as required by section 10 of the act. 10. now the question which directly arises for determination in this case is whether any defects of the kinds described above are, properly speaking, ..... be exercised by the collectors within their respective districts. in other words, this notification gave concurrent authority to the collectors to exercise the powers covered by section 10 of the act. a returning officer, namely, the sub-divisional magistrate, pali, was then apparently appointed to take the necessary steps for carrying out the elections of ..... . the collector, pali, by his notification dated 24-7-1958, which was published inthe rajasthan state gazette dated 7-8-1958, announced under section 10 of the act that the pali municipality would be divided into 16 wards, and it was also mentioned that full description thereof had been already given under the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj213; 1960CriLJ1136
..... had published any defamatory imputation against the complainant. i agree with learned counsel for the petitioner to the extent that the literal meaning of the word 'publish' used in section 499 i. p. c. means 'making known to others'. i also agree with him to the extent that repetition or re-publication of the defamatory matter may also ..... 'to make known to others'' and since accused no. 2 made the defamatory report known to the board of directors, his action came within the purview of the said section. it is further urged that although the imputations were, in the first instance, made by accused no. 1, the repetition of the same or the publication thereof by ..... board of directors where some officers of the reserve bank of india were also present. it was, therefore, prayed that both the accused should be convicted and sentenced under section 500 i. p. c. the sub divisional magistrate examined the complainant on oath and thereafter he ordered process to be issued only against accused no. 1. as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj138
..... had entered into the contracts in suit or they had been entered into with his approval, and that this amounted to a law within the meaning of sub-section (2) of section 3 of the aforesaid ordinance. it was, therefore, argued that the rajpramukh had himself recognised the validity of these arrangements, and, therefore, the case was taken ..... nothing to prevent the new state from offering alternative appointments to the plaintiffs for the unexpired term of their contracts.according to the learned judge 'impossibility'. under section 56 of the contract act, to be an excuse for the non-performance of a contract, must be a 'physical or legal impossibility, and not merely an impossibility made by an ..... . in satyabrata v. mugnceram bangur and co., air 1954 sc 44, it was held by their lordships of the supreme court that the word ''impossible' in section 56 of the contract act has not been used in the sense of physical or literal impossibility.their lordships have laid down that the performance of an .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj86
..... to circumvent that law. it may be pointed out that in milakhraj v, jagdish chandra , a writ application was filed by a voter while section 19 of the rajasthan town municipalities act, 1951, required that an election petition could be filed either by a candidate who stood for election or any 10 persons qualified to vote at ..... in that case it was observed after referring to a number of cases as follows : 'the basis of these decisions is that where an authority or tribunal is acting without or in excess of its jurisdiction, the court would issue a writ of prohibition, even though there might have been an alternative remedy which might not have ..... may be minted out that in , the court was considering the rajasthan town municipalities act under which the town municipal boards chairman election rules have been framed. in that case also it was urged that section 19 of the rajasthan town municipalities act excluded the possibility of an election petition being filed in a case where a nomination .....
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