Court : Rajasthan
Reported in : 2001(1)WLC722; 2001(2)WLN434
..... present writ petition can be effectively adjudicated without delineating the facts averred in the pleadings of the parties as the question for determination in the present case, gravitates and centres around the interpretation of section 26 of the pharmacy act, 1948, read with sections 14 and 16 of the general clauses act, 1897. ..... sections 14 and 16 of the general clauses act, 1897, can be used as catalysis to interprete section 26 of the pharmacy act, 1948 ..... the power to grant sanction or to withdraw such prior sanction for appointment of registrar under section 26 of the pharmacy act, 1948, as occasion requires in administrative exigency, is within the exclusive domain of the state government, and an argument contrary ..... is urged by the learned counsel for the petitioner that from reading of section 26 of the pharmacy act, 1948, it is revealed that appointment of registrar of the state council is within the control of the petitioner, therefore, the dismissal or removal or any order adverse to the appointment of sri subhash chandra pant, as registrar of rajasthan pharmacy council, is to be exercised only by the corporate body, not by ..... the instant writ petition has been filed by the petitioner, rajasthan pharmacy council through its president, sri ramesh ojha, which is a body corporate within the meaning of section 22 of the pharmacy act, 1948, having perpetual succession and a common seal with power to acquire or hold property both moveable and immovable and can sue and can be sued .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(4)Raj2083; 2004(3)WLC626
..... counsel for the petitioners also referred section 42 of the pharmacy act, 1948, which reads as under:dispensing by unregistered persons:- (1) on or after such date as the (state government) may be notification in the official gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of a medical practitioner.provided that this sub-section shall not apply to the dispensing ..... section 42 of the pharmacy act, 1948 ..... section 42 of the pharmacy act 1948 learned counsel for the petitioners submits that it pertains to dispensing by unregistered person, whereas, the petitioners are not operating or dispensing other medicines as provided by the drugs and cosmetics act ..... section 44 of the pharmacy act 1948 ..... or made up and supplied; or (2) where prescriptions are compounded; or (3) where drugs are prepared; or (4) which has upon it or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words 'pharmacy', 'pharmacist', 'dispensing chemist', or 'pharmaceutical chemist'; or (5) which, by sign, symbol or indication within or upon it gives the impression that the operations mentioned at (1), (2) and (3) are carried out in the premises; or (6) which is advertised ..... the allahabad high court has interpreted the qualified person as contained in explanation to clause (c) of sub-rule (15) of rule 65 and held that merely supplies or sells a drug as defined in rule 3 (b) in the same .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj16
..... balia, moolia and ramla have been convicted and sentenced under section 302, penal code, to rigorous imprisonment for life each for causing the death of lalia, and under section 894, penal code to 7 years rigorous imprisonment each for robbing him of his money and ornaments. ..... ultimately all the three accused were challaned under section 302, penal code, in the court of first class magistrate, jetaran and later committed by him to sessions court. ..... produced three witnesses in defence in order to prove their alibi but the learned sessions judge rejected this evidence as worthless and, relying upon the prosecution evidence, convicted and sentenced the accused both under sections 302 and 394, penal code as mentioned above.4. ..... the admissibility depends upon the confession having been made without any inducement, threat or promise referred to in section 24, evidence act. ..... the words 'if duly proved' in the proviso to section 162, criminal p. c. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj4
..... article 49 provides for suit in cases other than provided by section 48, and, therefore, the element of dishonest misappropriation or conversion need not exist in those cases. ..... the word 'wrongfully' appearing in article 49 has not been defined in the act and in its plain meaning, it would be synonymous with 'not rightful' (webster's new international dictionary).5. ..... according to the plaintiff it was agreed on kartik vad 13 section 1995 that the calf should be taken over by the respondent to be returned to the appellant when the she buffalo would calve again and on failure to do so would pay rs. ..... in this appeal, it is argued that the correct article applicable to the suit was article 65, marwar limitation act, 1927, and not article 49 as held by the lower court. ..... articles 48, 49 and 65, marwar limitation act, 1927, are as follows :article no.description of suits.period of limition.time from which period begine to run.48for specific movable property lost or acquired by theft ordishonest misappropriation or conversion, or for compensation for wrongfullytakingor detaining the ..... as stated above, article 49 is more particularly applicable and the lower court was right in holding that the suit was barred by limitation under article 49, marwar limitation act. ..... it is argued that the failure to return would not amount to wrongful detention of the same within the meaning of article 19, and that wrongful detention should involve some sort of conversion or dishonest intention in the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj51
..... 1940 by nazir ali khan accused, against the order dated 18-6-49 of the magistrate, 1st class, chhabra, committing the accused to sessions under section 120(b), 420, 409 & 109, penal code, both the accused have prayed in their respective applications for quashing the committal order. ..... advocate into two parts: (1) whether it is not at all necessary, under any circumstances, to obtain sanction for prosecuting public servant under section 409, penal code (2) if the answer to the question put forth in part (1) is in the negative, whether the facts of the present case, as alleged by the prosecution, warrant the launching of the proceedings, against the ..... this article runs as follows :'except with the previous sanction of the raj pramukh no proceedings, civil or criminal, shall be instituted against any person in respect of any act done or purporting to be done in the execution of his duty as a servant of any covenanting state before the date on which the administration thereof is made over to the ..... runs as follows:'(1) when any person who is a judge within the meaning of section 19, penal code, or when any magistrate, or when any public servant who is not removable from his office save by or with the sanction of a provincial government or some higher authority, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction: ..... 1948 p. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj58
..... coming to the present case i shall first examine the various provisions of the ordinance relevant to the purposes of this case.section 2 (e)--evacuee means any person, (i) who on account of the setting up the dominion of india and pakistan or on account of civil disturbances, or the fear of such disturbances, leaves and has on or after 1st march 1947, left any place in ..... (i) any person claiming any right to, or interest in any property which has been notified under section 6 as evacuee property, or in respect of which a demand requiring surrender or possession has been made by the custodian, may prefer a claim to the custodian on the ground that (a) the property is not an evacuee property; or (b) has interest in the property ..... that case is also distinguishable from the present case in that the collector under requisitioning ordinance, 1948 of former rajasthan was recognised as a tribunal under the said ordinance although subject to certain conditions and the writ was sought against the collector for acting on his own behalf and not on behalf of any other superior officer.23. ..... under a notification which is said to have been issued from the custodian's office on 14th october 1949 but has not yet been published in the gazette, it was represented to me, that the powers under sections 5, 6, 7, 8, 10, 12, 13, 14 and 15 of the ordinance have been delegated by the custodian to the assistant custodians and that powers under section 25 have been delegated to the deputy custodians.15a. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj127
..... - treaties or contracts between nation, & nation, which are also known under the name of conventions, declarations, protocols, or general acts, are usually agreed upon by agents appointed by the treaty making authority in either state, the english agents for such purposes being appointed by the crown.where plenipotentiaries, or agents ..... foregoing discussion of the legal position of the treaty, it is not very necessary here to go into the interpretation of the terms of that treaty.13. ..... did not give any decision as to the powers of the crown in such cases, but held that the deft's acts could not be justified on the ground that they were done by the authority of the crown for the purpose of enforcing obedience to a treaty or agreement entered into by the crown & a foreign power ..... with the procedure established by law an order under section 491 to set him free should be made. ..... stand his trial in a, case under section 395, penal code pending in his ..... as a part of the municipal law of the then dholpur state, & the practice of surrendering fugitive criminals, which was being followed by the former dholpur state cannot be deemed to be a law that could be continued under section 872, coast. ..... states of rajastban & subsequently by virtue of section 372, const. ..... been filed under section 491, criminal ..... the dholpur state regarding extradition of the fugitive criminals but it was not in corporate in any law & that treaty cannot, therefore, be deemed to be law within the meaning: of section 21, const. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj55
..... counsel for the appellant also seems to be under misconception in regard to the interpretation of section 64 which provides that promissory notes, bills of exchange and cheques must be presented for payment to the maker, acceptor or drawee thereof respectively by or on behalf of the holder in the manner provided in the subsequent sections and that in default of such presentment the other parties thereto, viz. ..... would, therefore, be clear that even in case under section 64 presentment is necessary before the drawer can be held liable ..... first place, as the 'hundi' (bill of exchange) was payable after sight, the provisions of the act applicable were those mentioned in section 61 which clearly lays down that in default of presentment no party thereto, e. g. ..... under section 61, negotiable instruments act, a bill of exchange payable after sight is required to be presented to the drawee within a reasonable time, after it is drawn and in default of such presentment, no party thereto is liable to the person who makes default ..... the bill of exchange referred to in this section is one which is payable at a specified period after date or sight and presented at first for acceptance and thereafter for payment ..... the negotiable instruments act was enacted in marwar during the course of this litigation but there are various decisions of the highest courts in marwar by which the provisions of the negotiable instruments act have been held to be applicable to marwar as a matter of justice, equity and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj56
..... the learned advocate for the respondents, however argued that the document of 8th july 1948, should he taken not as one creating the relationship of landlord and tenant between the parties, but as one which provided for vacating the shop by the defendant after the specified period ..... ' in the jodhpur case also the language used in the marwar house rent control act is as follows: 'no tenant shall be evicted from a house which he holds on rent except upon one of the following grounds' then follow the grounds ..... 452), section 20 of malabar tenancy act, 1930, was 'no suit for eviction of a customary verumpattamdar. .... ..... the respondents brought this suit on 8th november 1948, for ejectment of the defendant appellant for having failed to vacate the shop, as agreed upon, and also sued for recovery of rs ..... agreeing to hold the shop from 6th july 1948, as a tenant of the respondents at rs. ..... on 26th august 1948, the respondents sent a notice to the appellant to vacate the shop on or before the due date according to the agreement.3 ..... on 8th july 1948, the appellant executed a document, ex. p ..... hidayatullah, 1948 jaipur l. r ..... 43 of 1948-49, dated 9 6-1949 has also been cited ..... (35) 1948 pat ..... the defendant occupy the premises for two months by way of indulgence, the language of the document is unequivocal, and creates a relationship of landlord and tenant between the plaintiffs and the defendant from 5th july 1948. ..... said jagannath gold the shop to the respondents bansidhar and mal chandra, on 5th july 1948. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj74
..... observed that' 'maniram's case', (33 ia 165: 33 cal 1047 pc) cannot be extended so as to be an authority for the proposition that in india every unconditional acknowledgment implies a promise to pay to such an extent' as to override the provisions of the limitation act, the contract act, the stamp act or the evidence act.in order to enforce the law of limitation strictly, the legislature has thought fit to throw on the creditor the burden of proving that the acknowledgment was made within time. ..... his lordship held the document sued upon as an acknowledgment under section 19, limitation act, & observed,'it cannot operate to save limitation unless it has been executed within time; also in such a case, the suit must be founded on the original ..... , ct of wards, dated 4-4-1947, was an acknowledgment of the debt in question, which could not be challenged by the holder of the estate even after the release of the estate from the management of the ct of wards under sections 35 & 47, marwar ct of wards act, & that, therefore, the said acknowledgment furnished a valid cause of action. ..... act was only brought into force in marwar in 1948, &, therefore, the provisions of sections 130 & 131, ..... argued that the assignment was without consideration, &, therefore, invalid & that the lower ct had made a mistake in the interpretation of section 130, t. p. ..... however, observed that they were not dealing with a case of a time-barred debt to which section 25, sub-section (3), contract act would become applicable. .....
Tag this Judgment!