Court : Rajasthan
Decided on : Nov-30-1956
Reported in : AIR1957Raj359; 1957CriLJ1317
..... matter.the sub divisional magistrate pali in whose. court the aforesaid application was filed examined daljitsingh, registered it under section 6 of the child marriage restraint act and directed that notices be issued to panna and his wife to refrain from performing the marriages of pukhli and naiuri until further orders and to file their ..... sessions judge formed theopinion that the magistrate was a right in refusing exemption under section 205 but the same should have been allowed under the child marriage restraint act, and as such exemption was not allowed, he has made the present reference recommending that the magistrate be directed not to compel the attendance of 'the ..... is not attracted at all.5. the only question which then remains for decision is whether in a proceeding under section 12 of the child marriage restraint act, the magistrate should have compelled the person complained against to put in his or her personal appearance. sub-section (4) of this section provides that where .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-28-1956
Reported in : AIR1957Raj392
..... as distinguished from the courts as such) and, who, therefore, did not possess the power to administer the ordinary civil laws of the land. under the rajasthan act, however, the control of rent and eviction laws was entrusted to the ordinary courts of the state and such courts were certainly competent to exercise and give effect to ..... perusal that the central provinces and berar let-tins of houses and rent control order, 1949, contains any provision corresponding to section 10(1) (d) of the marwar act. again, the 'provision contained in this clause is, to my mind, clearly mandatory for the word 'shall' has, & must be given, its compulsive effect in the ..... excessive or insufficient and consequently he can order payment of rent fixed to operate only prospectively from the date on which he is moved and that the rent controller acts beyond jurisdiction where he fixes ' rent for period prior to that date.the above case is, however, clearly distinguishable because it does not appear from its .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-17-1956
Reported in : AIR1957Raj378
..... punishment over and above something to which the creditor was entitled according to the primary contract, and such stipulation certainly falls within the mischief of section 74 of the contract act. i am, therefore, of opinion that none of the cases relied on by the appellant afford him any assistance.16. my conclusion, therefore is that the decree-holders ..... , therefore, an executing court is perfectly competent to relieve one of the parties to the agreement where any of its terms operates as penalty under section 74 of the contract act. ,13. so far as the decision of the travancore cochin high court in chinnaswami v. cheru, (l) is concerned, the report is a brief one and we ..... deal with the cases relied on by the judgment-debtor. the decision in mohiuddin v. mt. kashmiro (fb) (jj, simply lavs down that section 74 of the contract act applies as much to compromise decrees as to mere agreements and that point must now be taken to be settled by overwhelming authority, but it has no bearing on the .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-29-1956
Reported in : AIR1957Raj284
..... this pressure the present government, which was run by the congress party, ordered his removal under cover of section 22 (10) of the rajasthan town municipalities act, 1951 (act no. 23 of 1951). it was alleged that he was served by the secretary, local self-government, with a charge-sheet by letter dated 10th november, ..... should, therefore, be set aside. (3) the charge, ex. p. 1, was as follows :'notice under section 22 (10) of the rajasthan town municipalities act, 1951, to the chairman, municipal board, sironj.from the complaints received against you, the audit report and other enquiry reports and your reply thereto the following stand substantiated ..... other executive functions as may be performed by or on behalf the municipal board over which he presides ;(e) to exercise supervision and control over the acts and proceedings of all officers and servants of the municipal board in matters of executive administration and in matters concerning the accounts and records of the municipal .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-07-1956
Reported in : AIR1957Raj298
..... 815 (h). as observed in that case'the provisions of section 22 of the limitation act seem to have been passed with the avowed object of preventing such amendments being made in such a way as to relieve the ..... owing to the law of limitation, and the other partner hazarilal could not enforce his claim because of section 45 of the contract act. a case very near to the facts of the present ease is to be found in ramsebuk v. ramlall koondoo 1lr 6 cal ..... is only of misdescription, then the correction of the names of parties would not entail the application of section 22 of the limitation act; but if it was a case of bringing on record a new party, then section 22 comes into play, and the limitation ..... description, which could be corrected at any time alter the institution of tne suit, and the provisions of section 22 of the limitation act had no application in that case, learned counsel relied on moti lal jasraj v. chandmal hindumal air 1924 bom 155(a), rampra-sad .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-11-1956
Reported in : AIR1957Raj264
..... signatures were affixed, and, therefore, the document cannot be said to have been properly executed. learned counsel relied on the definition of 'sign' appearing in the general clauses act, which is as follows:--' 'sign', with its grammatical variations and cognate expressions, shall with reference to a person who is unable to write his name, include 'mark' ..... executant was literate, any mark, including the one in dispute, viz., 'sahi' should not be taken to amount to signatures.9. the definition in the general clauses act 1st neither exhaustive nor complete. the meaning of the word 'signature' in the shorter oxford english dictionary is'the name (of special mark) of a person written with ..... 223.'a math, like an idol, is in hindu law a judicial person capable of acquiring, holding and vindicating legal rights, though of necessity it can only act in relation to these rights through the medium of some human agency. when the property is vested in the math, then litigation in respect of it has .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-04-1956
Reported in : AIR1957Raj299
Bapna, J.1. These two appeals arise out of a single suit for recovery of money.2. Kishan Lal instituted the present suit on 15-5-1948, on the allegations that he had dealings with Pabu Dan and Kami Dan, defendants Nos. 1 and 2, and on 5-11-1938, the previous account was taken. Some more advance was made, and the two defendants executed a khata of Rs. 1701 and for repayment of the amount, they hypothecated their one-fourth share in the income of Dakaniyawas, and their half share in Kothi Phalsawali, situated in the same village, for 17 years from Sarnwat 1995 to Sam-wat 2012, by way of Baraskatti, and it was stipulated that if the debtors did not permit the recovery of the income of this land in any year, they would pay Rs. 200 for that particular year. It was alleged that Chandi Dan and Ram Karan Dan stood as sureties for the carrying out of the aforesaid agreement. It was then alleged that the plaintiff recovered the income of the hypothecated land till Samwat 2001, but thereafter the...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-17-1956
Reported in : AIR1957Raj360
..... present document is not covered by the last portion and, therefore, we have to see if it is covered by the definition which has been given in the negotiable instruments act. that definition is as follows: 'a promissory note is an instrument in writing (not being a bank note or a currency note) containing an unconditional undertaking, signed by ..... '2(5) 'bond' includes: (a) any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be: (b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself ..... , and thereafter the party pays the duty and penalty, the document will be deemed to have been admitted in evidence and, in view of section 36 of the stamp act, the finding of the court cannot be challenged in revision. where, however, the objecting party desires to challenge such a finding, the proper course for it is to .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-01-1956
Reported in : AIR1957Raj375
..... the state. the ijaredar was the lessee for the purpose of collection of revenue and he had the same status as subsequently defined in section 95 of the jaipur tenancy act. baden-powell in his treatise on land-systems of british india says in volume i at page 184:-'the independent kingdoms did not have a very prosperous course. before long ..... one or more of the following grounds, namely: (a) on the ground that the rent due from him has not been paid in full;(b) on the ground of any act or omission prejudicial to the rights of the government or inconsistent1 with the purpose of the ijara;(c) on the ground that he or any sub-ijaredar under him has ..... as to what is the status or position of an ijaredar, the earliest authorised definition that can bb got is to be found in chapter xii of the jaipur tenancy act, 1945, which contains the following provisions:'section 95: a lease for the collection of rents is called an ijara, the person to whom it is granted the ijaradar and the .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-07-1956
Reported in : AIR1957Raj267
..... contribution. the word 'reimbursement' used in section 69 has to be contrasted with words 'contribute' or 'contribution' used in sections 43 and 44 of the contract act. properly speaking, there cannot be any claim for reimbursement among joint promisors, and there would be contribution between them as persons who are equally bound to perform the ..... contract between the judgment-debtors themselves and although it is subject to contract to the contrary between the copromi-sors themselves, the promisee cannot by his unilateral act do anything to destroy it.18. let us examine the position in the light of a few decided cases. the first case to which reference may ..... unenforceable cannot have the effect of affecting their liability between themselves on the principle of contribution which is recognised in sections 42 to 44 of the contract act. this liability to contribute equally on the part of the co-promisors towards the performance of a joint and several promise appears to be primarily based .....
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