Court : Rajasthan
Reported in : AIR1952Raj1
..... plaintiff. sucha presumption which was held to arise in 8 bom 35cannot be raised in the present case in view of thelanguage of ss. 33 and 35, easements act. it isfor the plaintiff to prove his case and a plaintiff isentitled to claim damages or an injunction under section 33 or 35 only when he establishes that ..... which is what is required for the ordinary purposes and inadequacy or absence of the tenementaccording to the ordinary notion of mankind.'the question, therefore, is whether the act of thedefendant in obstructing the light and air of theplaintiffs ancient window can be consideredto be a nuisance. there is absolutely no evidenceto show that any substantial injury is ..... window, only when he can show that the disturbance of his right to get a light and air has actually caused substantial damage to him.section 33, easements act is as follows:'the owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj177
..... against articles 14, 25 or 26. the act did not exclude the khadims from the durgah, but only provided for a sort of provision by the durgah committee for keeping a control on the unruly and turbulant members of the khadim community in the interests of the general public and for due preservation of the rights and property of the ..... that section 18 had been misunderstood, the said provision having been enacted only to prevent recourse to cumbersome and expensive machinery of law in the interest of general public and preservation of law and order. it was urged that the communication of the administrator was not fairly appreciated by the two anjumans to whom the communication was addressed. 17. ..... to be styled a saint: inasmuch as to raise his tomb to the standing of a religious object: so that property may validly be dedicated for its up-keep and preservation. in the result, there may be a waqf for the upkeep of the tomb of a saint ns distinguished from the tomb of a private person.' ' 37. the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj192
..... custody or management of the receiver and then confer upon the receiver all such powers as the court may think proper on the receiver for the realisation, management, protection, preservation and improvement of the property. the powers granted under order 40 flow from clauses (d) and (e) of section 94 and section 94 lays down that it is ..... receiver may seek guidance and may ask for sanction of the court. this the receiver does in order to absolve himself from the charge that he might be acting imprudently or in an unauthorized manner. the receiver when seeking sanction is bound to place all relevant material before the court of law and it is comparatively easy for ..... receiver was appointed', the above passage also shows that the lessee in case of premature annulment or determination of the lease was entitled to indemnity. even if we act on the proposition laid down in the above passage, we shall have to determine the amount of compensation which may be pnyable to the lessees in case their .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj161
..... , passage has to be provided by other tenants through intervening fields.10. statutory recognition is given to this customary easement in rajasthan under section 251 of the rajasthan tenancy act which runs as follows :'rights of way and other private easement; (1) in the event of a dispute arising as to the route by whicn a holder of ..... from it on foot and can take unyoked bullocks and ploughs with them. this right can only be exercised in accordance with the principles underlying section 22 of the act namely in the mode which is least onerous to ather tenants of the locality.9. without the existence of such a right it will not be possible for ..... so far as the right to discharge rain water was concerned it was a natural right inherent in property as shown by illustration (i) to section 7 of the act. the question of discharging water received from the irrigation channel presented some difficulty. the learned judge referred to the decision in sankarappa naicker v. pari naicker. air 1915 mad .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj184
..... of immovable property to enjoy it. he has further the right to enjoy without disturbance all the natural advantages arising from its situation. (see section 7 of the indian easements act). illustration (d) to section 7 speaks of one such right available to the owner of the property and it says that -'an owner of the land has the right to .....
Tag this Judgment!Court : Rajasthan
Reported in : [1967]19STC416(Raj)
..... 25 thousand acres of forest land in his possession. according to the madras preservation of private forests act, the petitioner was not entitled to exploit the forest according to his wishes, and he could cut trees only from an area of 450 acres in 5 years at the rate ..... 5(99) e. & t./60.-in exercise of the powers conferred by sub-section (2) of section 4 of the rajasthan sales tax act, 1954 (rajasthan act 29 of 1954), and in supersession of this department notification no. f. 5(3) e. & t./58 dated the 31st january, 1958 ..... ) e. & t./58.-in exercise of the powers conferred by sub-section (2) of section 4 of the rajasthan sales tax act, 1954 (rajasthan act 29 of 1954), the state government, being of the opinion that it is necessary in the public interest so to do, does hereby ..... of 90 acres a year. the income that the petitioner was receiving was rs. 3,100 per year, but the impugned act imposed a burden of rs. 50 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1968WLN275
..... singh was shot at. it was, therefore, expected of him to have immediately found out as to who the firer was and then to run away for self-preservation. the gun must have been reloaded soon after the first fire and ranjeet singh might not have in that hurry seen the accused in doing so. a man ..... the firing, have not been examined by the prosecution, and, therefore, adverse inference should be drawn against the prosecution by virtue of illustration (g) to section 114, evidence act. in the course of his arguments learned counsel adverted to mahendrapal and anr. v. the state : air1955all328 . it is a fact that the above; named 3 persons reached ..... he has further been held guilty under section 307, penal code, and sentenced to rigorous imprisonment for four years. he has also been convicted under section 25, indian arms act, and sentenced to rigorous imprisonment for one month. all the sentences have been directed to run concurrently. the other accused, dayal singh, father of prithvi singh, and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1971Raj53
..... of the plaintiff directly. in these circumstances it is not a case of surface water in respect to which no rights could be obtained under section 17 of the easements act. in short, the finding of the lower court that rain water flowing from the defendant's fields to the plaintiff's fields does not partake of the nature of ..... plaintiff's fields did not flow in stream and was not permanently collected in a pool, tank or otherwise. it has been argued that under section 17 of the easements act no right to surface water not flowing in stream can be acquired by prescription. learned counsel for the respondent has no quarrel with the legal proposition stated by the learned ..... and was not permanently collected in a pool or tank or otherwise.in this view of the matter he came to the conclusion that under section 17 of the easements act no right of easement could be acquired by prescription in respect of surface water not flowing in a stream.5. dissatisfied with the judgments and decrees of the trial .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN172
C.M. Lodha, J.1. This is a plaintiff's second appeal from the judgment and decree by the Senior Civil Judge, Sikar dated 31.8.1962 by which his suit for mandatory injunction for demolition of the wall raised in front of the two aperture in the north-eastern room in the ground floor of his house situated in the town of Sikar, was dismissed.2. The two apertures in dispute measure 9' X 12' each. It was alleged in the plaint that these aperture have been in existence for more than 20 years, and the plaintiff has been receiving light and air through them According to the plaintiff these apertures were the only source of light and air in the room, and the defendant by raising a wall contiguous to the plaintiff's house and close to the apertures in question has rendered the room in question unfit for reasonably comfortable living It was alleged that the Municipal Board, Sikar while allowing permission for construclion to the defendant had specifically directed the defendant to leave space to ...
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN235
..... in criminal law principally in reference to the inclination of bodily injury by neglecting to perform one of the duties which are by law imposed on various persons for the preservation of the human life.the correct scope of the word 'negligence' was stated by lord donedin in freud v. hercourt revigton 1848 (2) all. e.r. ..... 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. in other words, criminal negligence is a gross and culpable neglect or failure to exercise that reachable and proper care ..... circumstances, out of which the charge has arisen, it was the imperative duty of the accused to have adopted.6. there is distinction between a rash act and a negligent act. neggence is an omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or .....
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