Court : Rajasthan
Reported in : AIR1972Raj55; 1971(4)WLN387
..... dealing with a notice of a cancellation of lease of tolls of public ferry under the northern india ferries act, (1873). ..... their lordships were dealing with a notice of cancellation of lease under section 10 of the ferries act. ..... the provision as to notice by the lessor has been inserted in section 111(g) for the benefit of the lessee and is a protective stipulation which cannot be set at naught by the contract entered into between the parties; and construing the provisions of section 111(g) in the context of the english principle of equity embodied in section 114 of the act, that a forfeiture clause for nonpayment of rent is merely security for the rent, the provision as to notice contained in the ..... it would be crystal clear from a bare perusal of section 111(g) of the transfer of property act that for determination of lease by forfeiture it is obligatory for the lessor to give notice in writing to the lessee ..... it was further observed that the statutory requirement of notice specified in section 111(g) of the transfer of property act cannot be waived by contract and must prevail, and since there was no such notice served by the plaintiff, the latter was held not entitled ..... if the lessee commits a breach of any of the aforesaid conditions or fails to pay rent for one month, the lessor shall be entitled to determine the lease at any time without giving any notice and shall have power to re-enter plots of land and the lessee shall not be entitled to claim damages, if any, on this ground. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1995Raj239; 1995(2)WLN441
..... the society will not forgive the anti-religious league people, meaning the muslim league (opposition), because of their alliance with jansangh that had killed many muslims in northern india and also at tellicherry and had burnt mosques and further, that these people had been driving the poor muslims to the camp of the communal reactionaries. ..... on the ground of religion and caste and use of religious symbol under section 123(3) and relating to promotion of hatred between different classes of citizens of india on the ground of religion and community under section 123(3a) of the act: (b) that in the latter part of this speech the respondent shri bhairon singh shekhawat made an appeal to the electors to cast their votes for the furtherance of the prospects of his election on the ground of his ..... voting on the ground of religion, race, caste, community or language or the use of, or appeal to religions symbols for the furtherance of the prospects, of the election of the respondent, as defined in sub-section (3) of section 123 of the act, and (iii) the promotion of or attempt to promote, feelings of enmity or hatred between different classes of citizens on grounds of religion for the furtherance of the prospects of the election of the respondent or prejudicially affecting the election of any other candidate as define ..... as follows: 'in these proceedings, we are not concerned to consider the propriety, the reasonableness or the desirability of the claim for punjabi suba. ..... philipps ((1878) 4 .....
Tag this Judgment!Court : Rajasthan
Reported in : [1989]74STC260(Raj)
..... the question, whether such transactions amounted to 'sales' liable to sales tax according to the provisions of various state laws was debatable for quite some time and came to be settled by the supreme court decisions in northern ' india caterers' cases reported in [1978] 42 stc 386 and [1980] 45 stc 212. ..... such supply, not being any such supply by any restaurant or eating house (by whatever name called), has been made any time on or after the 4th day of january, 1972 and before the commencement of this act and the aforesaid tax has not been collected on such supply on the ground that no such tax could have been levied or collected at that time :provided that the burden of proving that the aforesaid ..... their first submission is that sub-section (1) of section 6 of the constitution (forty-sixth amendment) act, 1982 which contains a validation clause does not have the effect of permitting imposition of sales tax on these sale transactions by such assessees even as a consequence of the validation made thereby, inasmuch as, the rajasthan sales tax act prior to its amendment in 1987 did not permit levy of sales tax on any such transaction. ..... it is not necessary in this revision to consider and decide the merits of the first contention, inasmuch as the same does not arise out of the tribunal's order and even otherwise the other submission based on sub-section (2) of section 6 is sufficient to grant relief claimed by the assessee as indicated earlier.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2009Raj178; RLW2009(3)Raj2081
..... upon the judgment of the hon'ble supreme court in northern india caterers' case (supra) which had not been found to 'represent a correct law' by the hon'ble supreme court in maganlal chhagganlal's case which might have persuaded the division bench to hold that pending cases under sections 6 and 7 were required to be decided in accordance with the provisions of section 6 of the new act of 2001 in view of the provisions of section 29 notwithstanding the saving clause in section 32(3) (a) of the new act of 2001.13. ..... the learned single judge after considering the submissions made by the learned counsel for the parties on the aforesaid question which has been quoted above in para 13 of the judgment held as follows:(13) a bare perusal of section 6 of the old act goes to show that it provides for fixation of standard rent where no rent has been agreed upon or where for any reason the rent agreed upon is claimed to be low or excessive, the landlord or the tenant may institute a suit in then ..... not to keep a provision such as section 6 of the old act which enable the tenants to seek revision of rent in the cases where it was suggested to be excessive by doing away with the aforesaid provisions and only making provision in revision of the rent upward for its increase under the new act of 2001 and for that purpose provided a structured formula whereas in a given case filed under the old act a tenant may have claimed the revision of rent contending the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN(UC)335
..... present appellant against the judgment and decree of the, learned civil judge, ratangarh dated may 19, 1967 was dismissed and the decree passed by the learned civil judge in favour of the plaintiff-respondent gani for possession of the disputed guwari, for injunction and for compensation of rs. ..... 2 & it is not averred by him that the plaintiff encroached upon the remaining northern part of goga's property, in the absence of the case, having been pleaded by the defendants under section 203 of the municipalities act, such a plea is now not open to the appellant. ..... it pray be; pointed that the as pliant does not claim or assert the title, and that sale-deed is not produced and proved and so the question of transfer of valid title to defendant no. ..... if the claim would have been made against the government their the plaintiff would haw; been required to establish his better claim pr adverse possession for 30 years against the government. ..... the proposition laid down in these cases is not in dispute that where the possession over the land is claimed by the plaintiff and the government is the owner of the land then tire plaintiff is required to prove better title or adverse possession for 60 years. ..... it may be stated that the plaintiff claims only about 549 sq. ..... the plaintiff also claimed to be the owner of the 'gawari' by adverse possession.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1989)ACC172
..... as under:award of interest where any claim is allowed-where any court or claims tribunal allows a claim for compensation made under this act, such court or tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.it is now clearly provided in the above section that simple interest shall also be paid at such rate ..... bhartiya learned counsel for the claimants, that the claim petition was filed on october 31, 1969 against the northern india general insurance ..... kulwant singh at the time of accident was 45 years old.2 the claim petition was contested by shri shaukat-ali owner of the truck, amir shah driver of the truck as well as by the northern india genegal insurance company ltd. ..... any evidence has been led nor any rule or notification or order has been produced in order to show that the record of the insurance policy was not handed over to it by the northern india general insurance co. ..... a reply was also filed by the said insurance company on april 30, 1970, it was submitted that the insurance policy could have been produced by the northern india general insurance co. ..... was also submitted that in the year 1969 when the accident took place the policy was issued by northern india general insurance co. ..... in place of northern india general insurance co. ..... may be mentioned at this stage that the insurer northern india general insurance co. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj99
..... the defendant-appellant applied under section 34 of the arbitration act for staying the suit as, according to the union of india, clause 33 of the agreement provided for arbitration in the matter of all disputes between the union of india and the contractor. ..... subjects generally dealt with are applications by either party: (a) for particulars of his opponent's claim or counter-claim, as the case may be; (b) for discovery and inspection of documents; (c) for inspection of property and things (i) by parties (ii) by the arbitrator; (d) for delivery of points of claim and defence; (e) for the fixing of a lime and place of hearing; (f) for the arrangement of other matters to shorten or facilitate the ..... the northern india lime marketing association, air 1958 all 692 and observed that 'legal misconduct means misconduct in the judicial sense arising from some honest, though erroneous breach and neglect of duty and responsibility ..... the learned district judge then noticed that the arbitrator in the case was next senior most officer of the northern railway who was fully conversant with the rules governing the loading and unloading of goods by the contractors he had heard arguments at great length and the proceedings revealed that he had taken sufficient ..... sharma and sons, handling contractors, sri ganganagar and the union of india represented through northern railway, regarding handling contract on bikaner division in respect of contract executed by the parties in respect thereof on 3rd .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(3)Raj1857
..... also hold that the non obstante clause contained in section 32(3)(a) of the new act saving pending proceedings, shall not be applicable in case of fixation of standard rent or provisional rent under sections 6 and 7 of the act as having been impliedly repealed and shall be governed by the provisions of the new act without declaring section 6 of the old act and section 32 (3) (a) of the new act to be ultravires to the constitution of india or referring the decision of khem chand's case ( ..... standard rent filed by the tenant prior to coming into force of the new act which is for reducing the rent as agreed upon, that suit will have to be decided by the court under the old act but after coming into force of the new act, if the landlord files a suit or application for revision of rent under section 6 of the new act in accordance with the formula of 5% per annum increase of the agreed rent ..... bench is mainly based on the judgment of the hon'ble supreme court in northern india caterers' case (supra), whereas the said judgment had already been overruled by the ..... fresh petition in respect of the subject matter of such suit or appeal or any other proceeding under and in accordance with the provisions of this act and for the purposes of limitation such petition shall, if it is filed within a period of two hundred and seventy days from the commencement of this act, be deemed to have been filed on the date of filing of the suit which was so withdrawn and in case of withdrawal of appeal or .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj245; 1982()WLN105
..... however, the union of india, invoking clause 33 of the agreement which provided for arbitration in the matters of all disputes between it and the contractor, filed an application under section 34 of the arbitration act before he district judge who accepted the application and stayed the suit directing that the parties were free to get the matter adjudicated upon by an arbitrator as provided in clause ..... to agree with the learned advocate for the union of india that the arbitrator has left undecided the counter-claim of the railway administration. ..... sharma and sons were engaged as goods-handling contractor by the northern railway for the purpose of performing all the work of porterage of geeds at the various railway stations and goods sheds ..... an application by harichand, advocate for the union of india, was filed before the arbitrator wherein a right to produce evidence on remission of the award was claimed. ..... the district judge that the award is being remitted to him, the arbitrator under his letter dated february 21, 1968 while calling upon the parties to submit their claims and documents and to appear before him on march 7, 1968, called upon each of the parties to deposit a sum of rupees 2,000/- (rupees two thousand) as interim fee for the arbitration and another sum of rs. ..... upon the parties under its letter datedfebruary 21, 1968 to appear in person or through a duly authorised representative to submit their respective claims and file document on which they want to place reliance. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj192
..... sought in these petitions but broadly, they are of three categories.the relief sought in the first set of petitions is to declare the new act as ultrayires to the constitution of india; in the second set, relief prayed-for is to declare section 32(3)(a) of the new act as ultravires to the constitution of india and the third set of petitions is about the relief as to declaring section 6 of the old act as ultravires to the constitution of india vis-a-vis to recall or refer for reconsideration to a larger bench, the judgment passed by this court on 30.9.1999 in d.b. ..... . it merely affects the procedure as held by the hon'ble supreme court in northern india caterers ltd's case (supra) in which it has been held that if by repeal, two rights co-exist together and produce inconvenience then the court should legitimately infer that the legislature did not intend such a ..... the landlord filed suit under section 6 of the old act in september, 1999 and claimed rent at the rate of rs. ..... broad principle in mind, if we turn to the controversy involved in the present bunch of petitions, three provisions relating to the old act and the new act are reproduced below:section 6 of the old actsection 6 - fixation of standard rent - (1) where no rent has been agreed upon or wheve for any reason the rent agreed upon is claimed to be (low or) excessive, the landlord or the tenant may institute a suit in the lowest court of competent jurisdiction for fixation of standard rent for any premises. .....
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