Court : Rajasthan
Reported in : AIR1962Raj196
..... in order to give a judicial recognition to this scheme, the collector, udaipur, exercising the powers of the advocate general instituted a suit in the court of the district judge, udaipur under section 92, c.p.c. for settling a scheme for the management of this temple of shrinathji at nathdwara. it was envisaged that this matter would ..... and locked in a room in the premises of the temple of shrinathji at nathdwara were removed by the tilkayat in december 1937.a commission of inquiry was appointed for the purpose of making inquiry into this, matter by the rajasthan government on the 12th of march 1958 with shri k. n. wanchoo, the then chief justice of the ..... in the trust may within three months of the publication of the scheme make an application to the district judge for varying, modifying of setting aside the scheme.'and this safeguard was considered to make the restrictions placed under that act on the shebaitship as reasonable. it cannot be said in this case that there, is no right to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj200
..... fire and consequently the defendant company could not be held responsible for the same. 7. as regards the third point, the learned district judge held that while it was true that the carriers act was not in force in the ex-kota state on the day of the incident, the principles of the english common law on which ..... the death of the deceased. in considering the implications of section 21 of the kota state civil courts act, extracted above, the learned judges observed as follows : 'the first sub-section of section 21 of the kota state civil courts act deals with questions governed by personal laws, and the second sub-section applies generally to all other suits ..... the point as to by whose contract either under the common law principles or under the principles adumbrated in the carriers act the liability of the common carrier could be limited. as we have already observed, the learned judge has not approached the matter from a correct angle in dealing with this aspect of the matter. dhanna lal was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN236
..... was hatred under cl. (iii) of section 5 of the act. in the result, the learned judge decided issue no. 27 in favour of deft no. 2 having recorded an order disposing of issue no. 27 ..... act.' the learned judge was not impressed by the plaintiff's submission that the court may go into the question of the alleged (sic) and grave irregularities and illegalities allegedly committed by the defendant no. 3 in getting the defendant no. 2 appointed as professor and director of the commerce college because, the learned judge thought, such inquiry ..... the learned judge then thought of writing a separate judgment. he narrated the facts, reproduced all the issues and then .....
Tag this Judgment!Court : Rajasthan
Reported in : (1972)IILLJ482Raj; 1972()WLN171
..... argument advanced by mr. bhargava to set aside the order of the payment of wages authority which has been upheld by the learned district judge.14. it is next urged that the authority has acted arbitrarily in awarding the compensation. the authority for this purpose has divided the employees into two categories, one getting wages more than rs. ..... the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this ..... was advanced before me in executive engineer, city division, rajasthan state electricity board, jaipur and ors. v. authority under the payment of wages act, jaipur and ors. s.b. civil writ petition no. 1005 of 1968, decided on 7th october, 1970. in that case, after reproducing the meaning given to the word 'compensation' in webster's new international .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj13; 1972()WLN709
..... which we are not concerned. chapter xi is about what is described as dharmada. then chapter xii lays down the procedure and penalties. it provides that the inquiries under the act shall be deemed to be judicial proceedings within, the meaning of sections 193, 219 and 228 of the indian penal code. according to section 69, the ..... power to these authorities to determine the question regarding existence of the foundational facts. that being so. when the issue has been raised before the learned district judge, to my mind he will be competent to determine the ques-tion as to what is the valuation involved regarding shri laxmi narainii's temple at chittorgarh either ..... the enjoyment of the muafi land granted by the state. this decision was given on 17-7-1947.4. some issues were framed by the learned district judge after the defendants-appellants had filed their statements and certain additional issues were framed after the devasthan commissioner had filed the written statement. i may read the issues .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN412
g.m. lodha, j.1. are we to act as 'dumb driven cattle' of english judges, unaware of indian social customs, ethics, morals, dictating from graves about the legal implications of hurling abuse and insult 'idio ' by a boss to his subordinate clerk if use ..... new dimensions and new horizons of law originating from indian constitution and its functioning for last 3 decades; whether have evaporated and vanished the old, obsolete, imperialist concept of english judges based on english law, who insisted on special injury and damages, in torts, based on defamatory abuses and insults, is the pivot of lively and enlightening debate in this ..... not followed in india except by the calcutta high court within the limits of its ordinary original jurisdiction.8. the most of the decision, extracted above, are of english judges who have followed english law, which applicable in the indian condition the facts and circustances of the present case, in which the defendant-appeallant who was officer and the plaintiff .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN336
..... have nots of society is well amplified in the following words:five-star hotel culture has contaminated the court halls where the poor are priced out and judges and lawyers sacrifice the social philosophy of economic justice and human rights for the masses at the later of lucobrated legality and onerous constitutionality. the machine ..... pledge of the preamble and the directive principles of the constitution to do justice social, political economical we have got section 70 under the indian contract act which even framed by the britishers protected unlawful enrichment and provided compensation by way of refund of the same. section 70 reads as under:70. ..... mutual mudslinging. in a federal polity with protected minorities and guarantee of equality, tune and temper of democracy depends, in important part, on a judiciary which acts as sentinel on the qui vive but does not efficiously intermeddle in metaheuristic matters. but that abstention must come from inner compulsion rather than by imposition of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN419
..... the presence of the accused. a reading of para 6 of this judgment would suffice to notice that their lordships of the supreme court observed that the learned judge (high court judge) has come to the conclusion that the application for re-hearing of the appeal was not maintainable on the ground that no opportunity had been denied to ..... election matter where by the mistake of the high court and its office, the security was accepted in wrong head and the requirements imposed by the representation of people act were not complied with, therefore, the high court rejected the election appeal. the apex court did not approve of the high courts rejecting the appeal after accepting the ..... the charges levelled against the accused c. jacob korah, under section 161 ipc, and section 5(1)(d) read with section 5(2) of the prevention of corruption act. the sentences awarded above on each of the three counts shall be consecutive and not concurrent. but, so far as the sentences in default of payment of fine is .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(1)WLN232
..... applications under sections 438 and 439, cr. pc. obviously, as the situation exists both geographically and statistically sessions judges are unable and there is inability to act in those cases where the courts of additional sessions judges are located or are functioning. the reasons, apart from heavy work-load, long distances and other factors can ..... therefore no time to dispose of the application. it was contended before the high court that the order of the sessions judge was illegal in so far as the expression 'incapable of acting' included only physical incapacity due to illness or such other cause. the high court over ruled the contention by holding that ..... disposal of any urgent application, in the event of his absence or inability to act, by an additional or assistant sessions judge, or, if there be no additional or assistant sessions judge, by the chief judicial magistrate, and every such judge or magistrate, shall be deemed to have jurisdiction to deal with any such application.9 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1996CriLJ2015; 1996(1)WLC413
..... of the code finds mention in chapter xxiii, which contains section 272 to 299 and this chapter deals with the evidence in inquiries and trials. according to section 3 of the indian evidence act, 1872 (the evidence act). 'evidence' means and includes all statements which the court permits or requires to be made before it by witnesses, in ..... singh v. state' reported as 1979 cri lj 236, but, subsequently, the full bench of the allahabad high court had taken a contrary view. the learned judges, therefore, framed the following question and referred the matter to hon'ble the chief justice for constituting a larger bench for answering the same :-'whether the documents which ..... of the code of criminal procedure (the code) and, thereupon, the prosecution did not produce the doctor concerned as a witness in the court. the learned sessions judge, vide his judgment dated 23rd october, 1991, acquitted the appellant of the charge under section 120b ipc, but convicted him under section 302 ipc and, vide the .....
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