Court : Rajasthan
Decided on : Feb-29-1960
Reported in : AIR1961Raj10
..... application for execution itself should be rendered as not in accordance with law on account of any irregularity in subsequent proceedings. article 182(5) of the limitation act contemplates merely an application for execution in accordance with law and that will be sufficient to give a fresh start of limitation from a final order to ..... was that the execution court having recorded no reasons for dispensing with the notice under order 21 rule 22(2) c. p. c. and issuing warrant immediately, acted without jurisdiction, with the result that the entire proceedings stand vitiated and are of no avail and, therefore, cannot extend limitation. then, summing up the conclusion with ..... the allegations were found to be untrue later, cannot invalidate the application. an application has to be judged on the allegations on which it is made and not on what is actually found as a fact later, either on inquiry or otherwise. an acceptance of a contrary view may in some cases involve complicated and prolonged .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-1960
Reported in : AIR1960Raj294
..... question as to the competence of the appeal.6. mr. hingorani vehemently' contends that the order of the learned judge of (his court is incorrect, and that his application under section 106 of the insurance act against the directors should have been entertained. section 106, inter alia, provides that the liquidator of an insurance company ..... -feasance on the part of the directors, and that they had contravened any of the provisions of the insurance act, and caused a loss to the assets of the company thereby. on these grounds the learned judge rejected the application of the official liquidator, against which order this appeal has been presented.5. a question has ..... court in the exercise of his original jurisdiction, because by virtue of amendment of section 106 of the insurance act, such an applica-catioii couid be entertained by this court, and not by the learned district judge. there can be no doubt that the application has been made in the course of liquidation proceedings, the insurance .....
Tag this Judgment!Court : Rajasthan
Decided on : May-09-1960
Reported in : AIR1961Raj52
..... the repeal thereof did not affect the defendants' right to be relieved of the consequences arising from illegal contracts. in view of these findings the learned judge dismissed the plaintiffs' suit, but left the parties to bear their own costs throughout.6. the preliminary question which we have to determine at the ..... there would be no doubt about the fact that the respondents were entitled to receive from the appellants the amount which they have claimed.the learned judge further thought that the transactions in question were in the nature of wagering contracts and, therefore, the plaintiffs could not recover anything in respect of ..... acting as principals or agents for unnamed principals and incurred personal liabilities on themselves in respect of their privity of contract with these parties.in such a case, it cannot be argued that the transactions were merely wagering transactions. besides, one of the witnesses, ramsukh (p. w. 8) to which reference has been made by the learned judge .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-22-1960
Reported in : 1961CriLJ403
..... their houses and will result in sanitary conditions leading to the spread of the disease of malaria. the station house officer inspected the spot and made the necessary inquiries and after being satisfied of the truth of the complaint, applied to the sub-divisional magistrate parbatsar on 17-8-55 for taking proceedings under section 133 cr. ..... should be asked to make necessary arrangement for this purpose.4. aggrieved by this order dasharat and others filed a revision in the court of the sessions judge, merta. the sessions judge held that the proceedings under section 133 cr. p.c. in respect of obstruction to the flow of rain water were misconceived and incompetent. examining the ..... rule laid down in that case. the non-petitioners while using their properties having caused unlawful obstruction to the flow of water can only be said to have acted in tortious manner. they cannot be said to have interfered with a channel which is or may be lawfully used by the public. the persons aggrieved can .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-17-1960
Reported in : 1961CriLJ561
..... of his case at all and based his findings on the evidence recorded in the other case i.e., of laxmansingh. he has pointed out that the learned judge's observations that none of the prosecution witnesses were cross-examined was not correct in his case.this criticism appears to be true and therefore instead of sending ..... cause injury, but without the intention to cause injury, or knowledge that it will probably be caused. the criminality lies in running the risk of doing such an act with recklessness or indifference as to the consequences. criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care to guard against ..... establishing the guilt of the accused under section 304a. in the case of in re, nidamarti nagabhushanam, 7 mad hc 119 holloway, j., said:culpable rashness is acting with the consciousness that the mischievous and illegal consequences may follow, but with the hope that they will not and often with the belief that the actor has taken .....
Tag this Judgment!Court : Rajasthan
Decided on : May-13-1960
Reported in : AIR1961Raj211
..... of the defendants we cannot hold that the loss occurred on account of any theft in the running train. in this state of the evidence the learned district judge was justified in giving his finding that the defendants have not satisfactorily proved that the goods were stolen. learned counsel at the close of his arguments submitted an ..... the next contention of the learned counsel in that the plaintiff's claim is beyond time even if article 31 applies to it. article 31 of the indian limitation act reads :descriptionof suit.periodof limitation.timefrom which period begins to run.art. 31. against a carrier forcompensation for non-delivery or delay in, delivering goods.oneyear.when the ..... compensation on certain terms which were not acceptable to the plaintiff. this is not a promise of the kind mentioned in section 25(3) of the indian contract act. in our opinion the plaintiff cannot base his claim on this document.24. the result is that this appeal is partly allowed. the judgment and decree of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1960
Reported in : AIR1960Raj224
..... page 237) says,'further, the principle excludes anything like a solatium for mental suffering and anguish for the loss of the deceased, for that would lead to awkward inquiries as to the claim of a child who was unborn, unfilial or a lunatic'.the principle is amply supported by authorities to which we need not refer. the learned ..... deprivation of his limb, there is hardly any doubt that it must seriously interfere with his earning capacity. in the circumstances the discretion exercised by the learned district judge in granting him compensation of rs. 15,000/ for loss of earning is not quite speculative, but is based upon the background of his pecuniary status and his ..... in rajasthan on the 24th of january, 1950, and could not have any retrospective operation. the learned district judge held that article 21 of the limitation act of kotah state read with section 21 of the kotah state civil courts act, 1945, enabled the court in a case which was not provided for by any other law for the time .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-18-1960
Reported in : [1962]44ITR224(Raj)
..... installments. the question arose whether the installments received by the assessee were exempt from tax under explanation 2 to section 7 (1) of the act. it was held by the learned judges of the lahore high court that the lump sum payment made to mr. khosla for consideration of the termination of his employment did not include ..... fact that the assessee was continuing to serve the company after putting in very valuable services since its inception. it was in those circumstances that the learned judges held that a payment received under such an agreement on termination of services for any cause whatsoever can only be regarded as a terminal payment in appreciation of ..... of the agreement of employment or otherwise. reference was also made to explanation 2 to section 7 as it stood before the act was amended in 1955. repelling this argument, it was observed by the learned judges as follows :'but, evidently on the explanation, it cannot be said that a payment which is made as compensation but not .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-1960
Reported in : AIR1961Raj243
..... learned counsel upon sub-rule (3) of order 21, rule 40 and the proviso to that sub-rule. the sub-rule runs as follows:'(3) upon the conclusion of the inquiry under sub-rule (1), the court may, subject to the provisions of section 51 and to the other provisions of this code, make an order for the detention of the ..... .4. learned counsel for the respondent also gives an undertaking that the balance of the decree will be paid before the period fixed under the order passed by the district judge expires, namely that the entire decretal amount should be paid by the end of may. in these circumstances, we think that there has been a substantial compliance with the ..... , c.j. 1. this appeal has been presented by the decree-holder and is directed against the order dated 1st december, 1959, passed by shri sohan nath modi, district judge, kotah. it arises out of an execution case in which the decree-holder prayed for execution of the decree by arrest and detention in prison of the judgment-debtor budhsingh .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-24-1960
Reported in : AIR1960Raj256
..... difficulty was resolved after the constitution came into force. thus, from whichever angle the matter may be looked at, the reply to the question referred by the learned judges should, in my opinion, be as follows :'the expression 'government of the corresponding indian state' used in article 295(2) with reference to rajasthan means the ..... the covenanting states which had integrated with the united state before the constitution came into operation? 'having had the benefit of perusing the judgments of the learned judges making the reference and the advantage of hearing elaborate arguments of the learned advocate general and the counsel appearing for the parties, i confess that i have ..... the court in dalmia dadri cement co.; ltd. v. commr, of income-tax, air 1958 sc' 816.in the later case the learned judge held that the covenants in question were mere acts of state and their terms could not be enforced in the municipal courts of the successor state. it was observed! that the expression .....
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