Court : Rajasthan
Reported in : AIR1951Raj74
..... '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 ..... 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. ..... the relevant portion of section 130 of the act reads as under:'the transfer of an actionable claim 'whether with or without consideration' shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorized agent, & shall be complete & ..... while there is no doubt that vijai raj acted very improperly in giving to his father a document which he had received for his client, who is a deft in this case, that does not affect .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj86
..... 348), a portion of the property held in common was acquired under the land acquisition act, & compensation money was paid to some of the co-sharers. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj30
..... went to the extent of holding that in india such statements were corroboration by section 157, evidence act, and that as long as that section remained, the cases cited before them could not possibly be regarded good law. ..... she tried to cry but her mouth was gagged and after the act was over, she was allowed to go away. ..... the learned public prosecutor next relied upon section 157, evidence act which runs as follows :'157. ..... in these cases is based upon the english law according to which a witness cannot corroboration himself, for corroboration, in its true sense, must come from an independent source, but this law is of no assistance, as in india s, 157, evidence act is a provision to the contrary. ..... the learned public prosecutor referred to section 8, evidence act and illus. ..... purni no doubt stated that the accused had committed sexual inter-course but a girl of 8 years of age could not possibly apprehend the significance of the act . ..... we are aware of a large number of authorities where a different view has prevailed but in none of them, there was a reference to section 157, evidence act. ..... purai, shortly after the incident, amounts to corroboration and there seems to be no escape from this position in view of the express language of the above section of the evidence act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj51
..... for all these reasons, it was stated that the petitioner had acted' in a disloyal manner and being guilty of serious misconduct had been properly dismissed.3. ..... this was a case under the burma tenancy act according to which power was conferred on the revenue officers to determine fair rent of the lands held, by tenants and their determination was final. ..... the original tribunal should have passed, the object of these writs is simply to keep the exercise of powers by the quasi-judicial tribunals within the limits of jurisdiction assigned to them by law and to restrain them from acting in excess of their authority. ..... in our opinion, be acted in a highly discreet manner in appointing a committee for disposing of the various charges and not giving a finding himself. ..... the general manager has placed a detailed reply on the record and supported it by an affidavit from the chief engineer and acting general manager. ..... xi of the state railway establishment code containing rules framed under s 47 (e), railways act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj62
..... sub-section (2) of section 3 of the jaipur state grants land tenures act of 1947 did not include an appeal from a decision in a civil suit and that they were competent to hear and decide that appeal. ..... the district judge in appeal and it was held by him that the action was not maintainable in the civil court and that the district magistrate was the competent authority to hear it according to bengal ferries act. ..... again contended by the defendants-respondents that the appellate court had no jurisdiction to hear the appeal and it should be transferred to the revenue board under sub-section (2) of section 3 of the jaipur state grants land-tenures act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
..... jammu and kashmir ;provided that the taxable territories shall be deemed to include:(a) the merged territories :(i) as respect any period after the 31st day of march 1949, for any of the purposes of this act, and(ii) as respects any period included in the previous year, for the purpose of making any assessment for the year ending on the 31st day of march, 1950, or for any subsequent year; and ..... . vii as matters in respect of which the dominion legislature may make laws for the united state but added the following proviso:'nothing contained in the said list or in any other provisions of the act shall be deemed to empower the dominion legislature to impose income-tax or duty in the territories of the united states or to prohibit the imposition of any duty or tax by the legislature of the ..... of jammu and kashmir :(i) as respects any period, for the purposes of sections 4a and 4b,(ii) as respects any period after the 31st day of march, 1950, for any of the purposes of this act, and(iii) as respects any period included in the previous year for the purpose of making any assessment of the year ending on the 31st day of march, 1951, or for any subsequent year;16. ..... pay income-tax for the assessment year 1950-51 in respect of his total income for the year ending 31-8-1960 computed in accordance with the provisions of the income-tax act, as section 3 read with section 2 (14a) proviso (b) (iii) authorized the levy of income-tax on incomes which accrued or were received in rajasthan prior .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj133
..... under the marwar pre-emption act as well, according to section 7, it is open to the plaintiff to enforce the right of pre-emption only if it is in existence at the date of the suit. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj3
..... under the corresponding section 107 of the government of india act, 1915, 'superintendence' was interpreted to include judicial as well as administrative superintendence vide 'sholapur ..... (2) that the rent controller and the collector both acted illegally in the exercise of their jurisdiction in determining the standard rent of the premises not in accordance with schedule ii of the rent control order and in fixing the standard rent ..... under section 224 of the government of india act, 1935, the power of superintendence was expressly barred in judicial matters by adding sub-section (2) to section 224, which ran as follows:'nothing in this section shall be construed as giving to a high court any jurisdiction to question ..... opposite side has conceded that this court has got powers of superintendence over the court of the collector in the matter of fixing the standard rent of the premises under the rent control act in cases where jurisdiction is exceeded. ..... article 227 of the constitution of india the same position which obtained under the government of india act, 1915, has been revived. ..... allowed and the order ofthe collector dated the 27th april 1950 is set asideand he is directed to fix the standard rent of thepremises after considering the provisions of thesecond schedule to the rent control act. ..... standard rent of the premises under section 6 (2) only when for any reason it is not possible for him to fix the standard rent of the premises in accordance with the second schedule of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj5
..... no doubt it looks very unsavoury that a defendant by his unilateral and voluntary act should defeat the plaintiffs' suit which was perfectly justified when it was brought and it appears to prevent such an undesirable result that recently statutory provisions have been made in the agra and punjab pre-emption acts disentitling the vendee to defeat a suit for pre-emption by virtue of a voluntary transfer in his favour during the suit, but that is mother matter. ..... p c 57 it was held that when a sale has taken place to a stranger the vendees' acquisition by gift of a share in the village pending a co-sharer's suit for pre-emption instituted before the passing of the agra pre-emption act 1922, defeats that co-sharer's claim for pre-emption. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj97
..... the contention on behalf of the prosecution is that under these circumstances it should be presumed under section 114, illustration (a) of the indian evidence act, that magha was a guilty receiver, if not the actual thief. ..... the case against magha, therefore, rests entirely upon the recovery of certain ornaments from his shop, and the presumption to be drawn under section 114, illustration (a) of the indian evidence act. .....
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