Court : Rajasthan
Reported in : 1982WLN118
..... by the learned counsel for the parties which are divergent it would be proper to take an illustration of a case in which the suit remains pending, the tenant takes the benefit of section 13a, then the entire amount with interest is deposited, and on account of that the ground of default disappeared, but the evidence continues for other issues regarding sub-letting, nuisance and material ..... not comply with the requirement of sub-clause (4) in as much as he failed to deposit the rent by fifteenth of the next month, the logical and legal consequence was that under sub-section (6) his defence was struck off, this striking of the defence was not limited to the ground of default only; but it was depriving tenant from an opportunity to lead defence evidence in respect ..... of the land but the ingenuity of the resourceful segment of landlord lawyers want to overstep intention of the legislators and crusadors of 'social justice', by enacting 'merchant of venice and portia' to make tenants defenceless and deprive them from the valuable right of defence against the ejectment, by hypertechnical interpretation of sub ..... to the first appellate court with the direction that treating the order of striking out the defence as ineffective, as the tenant has taken advantage of section 13a of the act, the trial court should allow the defendant to lead evidence on all the issues. ..... the battle lines of interpretation of law have now become patent on the legal horizon where one terms it as legislation in the name .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN200
..... . the decisions relied upon on behalf of the appellant lay down the same principle as is contained in section 19 to 25 of the sale of goods act regarding the passing of title in the goods, and, as already observed, it is intention of the parties which is a determing factor for it.15 ..... at the time of arguments in the lower court, it seems that objection was raised that if the plaintiff is taken to be a seller of coal under the provisions of the sale of goods act, it cannot maintain a suit for the price of the coal, because it did not rah the defendant hnd instead a suit for damages ought to have been filed. ..... . it was on the com.y's responsibility that the coal used to be purchased, and, in my opinion, the relation ship between the parties in these transactions does not change simply because the price of coal was to be paid by the consignee after ..... sub-clause (30).it would appear from the above provisions that coal was allotted to;the defendant company by the deputy coal controller (distribution) calcutta; and it was to be purchased through the plaintiff, a middleman who was to act as to del credere agent and was entitled to receive commission over the price fixed at the rate mentioned in clause 6 (2) of the order ..... . the plaintiff would then pay the price of the coal and the colliery would have it loaded in the wagons and the r/rs would be prepared in the name of the company as ..... . (2) a foreign merchant x, employed a to purchase goods on ..... state of madras air 1958 a.p .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1973Raj271; 1973()WLN505
..... according to section 3 of the act, the central government may, by order published in the official gazette, make provisions for prohibiting, restricting or otherwise controlling, in all cases or in specified classes of cases, and subject to such exceptions if any, as may be made by or under the order the import, export, carriage coastwise or shipment as ships stores of goods of any specified ..... section 5 of the act lays down that if any person contravenes, or attempts to contravene, or abets a contravention of, any order made or deemed to have been made under this act or any condition of a licence granted under any such order, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the sea customs act, be punishable with imprisonment for a term which may extend to one year, or with fine, or with ..... under section 3 of the act exports (control) order, 1954 was ..... person who contravenes the condition of the licence or abets the condition of the licence renders himself guilty under section 5 of the act. 75. ..... language of the above section to my mind, is not analogous to the provisions of section 34, civil p. c. ..... as agents the defendants were duty bound to act within the framework the scheme of the imports and exports act and the exports (control) order. ..... ) merchant's association ..... therefore, the statutory provisions of the contract act defining the rights and obligations of an agent, vis-a-vis the principal would continue to apply to him with .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj39
..... the learned additional advocate general then dealt with yet another submission raised by the petitioners that under section 90a of the land revenue act the expression which has been used is 'rate' and therefore, there should be one uniform rate for the ..... of the resourceful segment of landlord lawyers want to overstep intention of the legislators and crusaders of 'social justice', by enacting 'merchant of venice and portia' to make tenants defenceless and deprive them from the valuable right of defence against the ejectments, by hypertechnical interpretation of sub-sections (2): (3), (4) & (51 of section 13 of the rajasthan premises (control of rent & eviction) act, 1950. ..... whereas the respondents have shown valid justification of division of the zones, which is reasonable and fair, the petitioners have not been able to show any specific act of omission or commission to prove any variances, arbitrariness or unreasonableness either of categorisation or of zones of udaipur city and, therefore, the objections raised by the petitioners deserve ..... area which has a higher potentiality for its development and is near to main township is bound to be the best area and accordingly in the town of sri ganganagar, the best locality has been ear-marked as zone i and likewise, the area of the less importance has been categorised as zone ii, iii, iv and v. ..... ramakrishna rao, air 1958 andh pra 322 and indra singh ..... got sugar factory, police lines, s. d. ..... , 1981 has been taken to be the dividing line. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj154; 1987(2)WLN268
..... the amending ordinance shall, unless the same already stands executed before such commencement be executed against the surviving spouse, son, daughter and other heir as are referred to in sub-clause (b) of clause (vii) of section 3 if such decree was passed solely on the ground as is referred to in clause (d) and such decree shall be deemed to be as against them and(f) the provisions of clause (d) shall mutatis mutandis apply ..... of rent finally decided as payable by the tenant, the court shall, in the event of passing a decree for eviction against the tenant on ground other than that set forth in clause (a) of sub-section (1), also pass a decree in favour of the tenant for such excess amount deposited or paid by him and in the event of dismissing the suit for eviction it shall direct in the decree that such ..... many a times partakes the character of denial of justice and not only makes the phrase, justice misnomer, but makes a mockery of it.the battle lines of interpretation of law have now become patent on the legal horizon where one terms it as legislation in the name of interpretation or expanding new dimension ..... want to overstep intention of the legislators and crusadors of 'social justice', by enacting'merchant of venice and portia' to make tenants defenceless and deprive them from the valuable right of defence against the ejectment, by hyper-technical interpretation of sub-sections (2), (3), (4) & (5) of section 13 of the rajasthan premises (control of rent & eviction) act, 1950. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1160
..... keeping in view the age of the accused appellant on the date of occurrence now we propose to reproduce the new provision of section 235 corresponding to section 309 of the old criminal procedure code in a revised form with the addition to new provision in sub-section 2 namely : 'hear the accused on the question of sentence' :235 (1) after hearing arguments and points of law (if any), the judge shall give ..... he was a student of shanti niketan school and he has no enmity with the accused and he has given careful description about how the accused had acted after he came to their house so far as taking out of money is concerned and that event was witnessed by him and the accused wanted to furnish the evidence so that they may ..... from the aforesaid discussion it is easily deducible that the hearing as contemplated by sub-section 2 of section 235 is not confined merely to hearing oral submission but is intended to give an opportunity to the prosecution and accused to place before the court facts and materials relating to various ..... the accused is convicted, the judge shall unless he proceeds in accordance with the provisions of section 360, hear the accused on the question of sentence, and then pass sentence on him ..... although the some what obsolescent m' naughten rules codified in section 84 of the penal code alone are exculpatory, mental imbalances, neurotic upsets and psychic crises may be extenuatory and the sense of diminished responsibility may manifest itself in judicial ..... singh marked .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1985Raj185; 1983()WLN439
..... following the principles laid down in the aforesaid cases, we find no difficulty in holding that the high court while trying an election petition under section 80a(2) of the act is only acting in its ordinary jurisdiction as a court and the power to hear election petitions and decide election disputes is conferred upon the high court not by way of constituting a special ..... the election petitioner bhanwarlal is that in the case of an election petition filed under the act the right of appeal is governed by the provisions of section 116a of the act and an internal appeal to a division bench of the high court under section 18 of the ordinance is not maintainable on the ground that the act is a self-contained code and the provisions of section 18 of the ordinance were intended to be excluded from application to a judgment arising out ..... under in the aforesaid case (paras 7 & 17) : -- 'section 76, trade marks act confers a right of appeal to the high court and says nothing ..... had occasion to consider the question as to whether a letters patent appeal was maintainable under the hindu marriage act, 1955 in respect of an order passed by a learned single judge of this court under section 24 of that act relating to the question of fixation of interim maintenance. ..... desai basavaraj ayyappa, air 1958 sc 698, in support of his submission that the provisions of the act are not exhaustive but both these cases held that the provisions of ..... krester, (1945) 2 mad u 314 : (air 1945 pc 83) on an ..... line .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj196
..... tenets of the pushtimarg faith in particular and for promoting the cultivation of indian arts and architecture; (b) promoting the study of sanskrit and hindi; (c) the establishment and maintenance of a hospital or a leper asylum for the benefit of hindus generally; (d) the construction and maintenance of a poor-home for destitute persons professing the hindu religion who are physically disabled and helpless; and (e) any charitable, religious or educational purposes not inconsistent with ..... power of managing other affairs of the temple and administering the properties and presiding over the worship and determining the existing rites, practices and usages and the reply is that section 22 of the act did not affect any established usages, the rights, honours, emoluments and perquisites to which any person by custom or otherwise be entitled to.53. ..... the worldly objects attracted a large number of followers to this sect mainly from the merchant classes in rajasthan.the ruling chiefs, jagirdars and other members of the class also either became adherents of shri shrinathji, or at least showed marked respect and veneration for the idol and the temple. ..... to the writ petition filed on behalf of ghanshyam lalji, the reply is on the same lines as mentioned in other two writ petitions and the right of the petitioner ghanshyam lalji to any interest in the ..... connection may be made to wilson's religions sects of the hindus--1958 edition--wherein the eight daily ceremonies are given at pages 72-73.35 .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... kumar, deeparam, murarilal, krishna murari, purshottam das, shankerlal shukja, banwarilal, badri prasad, dharam pal, gulab chand ii, trilok chand sharma, sarwanlal, all are temporary employees but since section 25g of chapter v-a of the industrial disputes act, 1947 was n6t complied with, the impugned orders of termination of their services are liable to be quashed and are quashed and set aside and consequently they are ordered to be ..... who lost confidence of the employers but, in such cases, the management is required to record the reasons and further comply with the provisions contained in rule 77 of the rajasthan industrial disputes rules, 1958 before making a departure from section 25g of the industrial disputes act.q. 9 & 10. ..... prayschitta or penance as a mode of expiation was fully recognised, which shows the heavily loaded moral perspective of the concept of law.the upnnishadic concept of law is:law which is dharma, not in the sense of rituals sustains and ..... union of india (supra) can be stated as under:the hall mark of status is the attachment to a legal relationship of rights and duties imposed by the public law and not by mere agreement of the parties.it now appears that the concept of 'status' as held in rameshwarlal's decision ..... 314; the entire case law was reviewed in respect of scope of article 14 and, then their lordships of the apex court emphatically declared that, 'in view of our recent decision explaining the scope of 1 article ..... 314/83 raghubir- 13.8.76 permanent .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj212
..... full span of life to which in the absence of the accident he could reasonably have looked forward what sums during that period would he probably have applied out of his income to the maintenance of his wife and family it is necessary first to estimate what was the deceased man's expectation of life if he bad not been killed when he was; and next what sums during ..... accident which had already taken place and of the existence of insurance with the life insurance corporation of india in respect of the bus in question for the same period, were fraudulent and mala fide acts on the part of the owner of the bus and further that on coming to know of these facts, the company not only refused to issue a policy of insurance in respect of the vehicle ..... behalf of the corporation, namely, that in view of the provisions of section 95 (2) (b) of the motor vehicles act the liability of the insurer is limited to the extent of rupees ..... morris laid down that the appellate court should interfere only if,-- 'it is shown that the award in the present case was so much out of line with a discernible trend or pattern of awards in reasonably comparable cases that it must be regarded as having been a wholly erroneous estimate.' ..... the accident, which have been placed on record and have been marked exs. ..... ., in (1958) 157 er 448 :-- 'we do not say that it was necessary that actual benefit should have been derived; a reasonable expectation is enough and such reasonable expectation might ..... all er 314 birkett, ..... er 314 singleton, .....
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