Court : Rajasthan
Reported in : AIR1967Raj203; 1967CriLJ1057
..... he did which justification it is not and cannot be. 18. it was also pressed before us that the respondent was greatly disappointed at the result of the case and acted in a fit of excitement or frustration. we are not prepared to accept that either our reasons for coming to this conclusion are not far to seek. in the first ..... 1. we should, however, guard ourselves from being understood to mean that judges and courts are above all criticism. indeed, if reasonable argument or criticism is offered against a judicial act as contrary to law, no court should or would treat that as contempt. 14. it is in the light of the above tests that we now proceed to determine whether ..... a contempt of court. 10. now we should like to state at the very outset that there is no statutory definition of 'contempt' but it is well established that any act done or writing published which is calculated to bring a court or judge into a contempt or to lower its or his authority or to interfere with the due course .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1969Raj182; 1968()WLN192
..... the government without applying its mind or on any extraneous consideration or on irrelevant grounds. the presumption is that unless the contrary is shown the government has acted honestly. the learned. advocate-general has submitted that the age limit had been increased in order to raise the standard of medical education by providing scope ..... of admission even after the prospectus is issued to suit the altered conditions when the number of seats has increased. it is urged that the government neither acted arbitrarily nor capriciously nor with the object of accommodating any individual but have made out categories in pursuance of its policy. reliance has also been placed on ..... while dealing with the question of districtwise allocation of seats in the matter of admission to colleges. while judging the reasonableness of any law or executive act of the government we cannot ignore the demand of the times and the interest of the nation as a whole. national interest in our humble opinion .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN395
..... contracted another marriage and mst. kalawati is not treating the children loving and effectionately, the application filed by taru ram, under section 25 of the guardians and wards act, 1890, should have been dismissed and no order should have been passed that the minors should be made over to taru ram. learned counsel for the opposite side ..... the impugned order of the court below.5. it is an admitted position that mst. kamla has already been married. under section 6 of the hindu minority and guardianship act, 1956, her husband became the lawful guardian of his minor wife. there remains, therefore, no question of the delivery of the custody of mst. kamala to the ..... in bairam mandal v. rajani mandal in : air1964pat505 . in that case, it was pointed out that in appointing a guardian for a minor under the guardians and wards act, 1890, interest and welfare of the minor is the first and main consideration and in such consideration the court should have regard 1o the age, sex and religion. if .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN846
..... harmful to its health, but supplying such adulterated foodstuff would not be prejudicing the maintenance of supplies. the act does not speak of profiteering, much less profiteering at the expense of the health of the community.we have given our earnest consideration to the aforesaid observations ..... not think that the words 'maintenance of supplies & services essential to the community' could reasonably carry the meaning that any one who adulterated foodstuffs would be acting in a manner prejudicial to the maintenance of supplies or the continuity of supplies. it is true that adulterated food-stuff supplied to the community may be ..... the central government or the state government may,(a) if satisfied with respect to any person (including a foreign ner) that with a view to preventing him from acting in any manner prejudicial to --(i) ...(ii) ...(iii) the maintenance of supplies and services essential to the corrmunity,(b) ...it is necessary so to do .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN934
..... ornaments.36. vehement argument was addressed to us in regard to the unfair investigation and it was submitted that because of this unfairness the statements under section 27, evidence act should be disbelieved. reliance was placed on ghazi v. state : air1966all142 and amin v. state : air1958all293 . in ghazi's case : air1966all142 the learned judges ..... emperor 29 cr. l.j. 1009 (1014); in re kallameedi chenna reddi 42 cr.l.j 582 tahsilder singh v. state : air1958all214 and delhi administration v. bal kishan : 1972crilj1 mr. purohit appearing for the respondent rama and kanwar singh urged that it was highly improbable that this witness would have been able to identify rama ..... it. amin's case : air1958all293 , however, lays down that articles 20(3) of the constitution of india applies to discoveries under section 27 of the evidence act, if these discoveries are the results of compulsion, and the scooe of section 27 is itself restricted by article 20(3) of the constitution and the discoveries .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)42
..... vith those statements in case it made a statement contrary to those admissions. the purpose of (sic) tradicting the witness under section 145 of the evidence act is very much different from the purpose of proving the admission. admission is substantive evidence of the fact admitted while a previous statement used to contradict a ..... court laid down the law, on this point, as under:admissions are substantive evidence by themselves, in view of sections 17 & 21 of the indian evidence act, though they are not conclusive proof of the matters admitted. we are of opinion that the admissions duly proved are admissible evidence irrespective of whether the party making ..... mangilal, pw8 purnanand and pw6 harakchand. however, he found pw1 vidhya prakash and pw6 harak chand unreliable. on the basis of the above findings the hon'ble acting chief justice dismissed the appeal by his judgment and decree dated october 23, 1975. hence this special appeal.4. learned counsel, appearing on behalf of the appellants, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj1; 1977()WLN159
..... open to the courts to adopt another hypothetical construction on the ground that such a hypothetical construction is more consistent with the alleged object and policy of the act.8. the words used in the material provisions of the statute must be interpreted in the plain grammatical meaning. when such words are capable of two ..... .6. mr. lodha, learned counsel for the respondent, has supported the judgment of the first appellate court. he has con-tended that section 13 of the act deals with the general restrictions against the eviction of a tenant and as they were not found to be sufficient, special restrictions on eviction were introduced by amending ..... ble s. n. modi j., in prabhashanker's case (supra) in making the following observations.-'section 26 of the rajasthan premises (control of rent and eviction) act has not been deleted and retains itself. it restricts the execution of decree for eviction against the tenant from any premises etc. passed before the date of commencement .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj29
..... amri is bringing up the boy mahendra. it was necessary for taru ram to make her a party in accordance with section 10(1)(d) of the guardians and wards act. 1890, as she admittedly is having the actual custody of the child. omission to make her a party is an irregularity vitiating the whole proceedings and order appointing the guardian ..... kiran babu is on behalf of dr. snehlata.6. jotram's case ilr (1969) 19 raj 989 (supra) was a case where an application under section 25 of the act 1890 was filed by taru bam alleging that jotram had been forcibly keeping both his minor children mahendra and kamla for sometime. the non-applicant jotram contested the application on ..... whom she does not recognise and has developed no feeling of affection towards her father.8. learned counsel for the respondent has contended that according to section 6 of the act, 1956, the respondent being the father of the minor is her nautral guardian in respect of the minor's person as well as in respect of minor's property. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN(UC)542
..... the cancellation of the allotment of sale of the land to the present petitioner in these writ petitions is concerned is quashed. the respondents are restrained from acting on it and taking further proceedings against the petitioners. however, this decision would not debar them from taking appropriate proceedings under the law, if so permissible ..... to the show cause notice. in a cause where land allotted to a citizen by the municipal board which is a statutory authority under the rajasthan municipalities act is sought to be cancelled. it was all the more necessary that the state government should have given the reasons in the impugned order. it is ..... chief settlement commissioner, but it does not authorise cancellation of sales after they are completed. no doubt, allotments can be set aside under section 24 of the act, but after such allotments ripen into sales, they cannot be cancelled. the chief settlement commissioner or the settlement commisssoner exercising his power has no authority to .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj50
..... , city jaipur passed a decree of eviction on the ground of bona fide and reasonable necessity under the provisions of the rajasthan premises (control of rent and eviction) act, 1950. the defendants contested the suit and six issues were framed. evidence was recorded by the trial court and after recording of the evidence the trial court in a ..... in which it was held that the court should consider the requirement of the landlord under section 14 (2) of the rajasthan premises (control of rent and eviction) act with a view to find out whether partial eviction would be sufficient. 9. we have not been able to appreciate the relevancy of the above citations before us, because ..... withdrawal of the appeal. 15. after a finding has been recorded by the trial court under section 13 of the rajasthan premises (control of rent and eviction; act, holding that the landlord-plaintiff is in bona fide requirement of the premises for his own use and that greater hardship would be caused to him if the premises .....
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