Court : Rajasthan
Decided on : Apr-17-1972
Reported in : 1972WLN332
..... according to learned counsel, could be removed by subsequent legislation replacing that law. in the present case, learned counsel proceeds to argue, the indian registration act does not require registration of a mortgage of less than rs. 100/- and consequently the suit mortgage though it was unenforceable under the registration law ..... obligation or liability acquired, accrued or incurred under any enactment so repealed. now, the short question is whether the provisions of the shahpura registration act created any right or any such liability as would remain unaffected by the repealing law. while learned counsel for the appellants contends that in accordance ..... such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed:provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification .....
Tag this Judgment!Court : Rajasthan
Decided on : May-10-1972
Reported in : 1973CriLJ703; 1972()WLN350
..... . indisputably the accused had arrested the complainant in the case. he had recovered opium from his possession and had also registered a case under the opium act against the complainant. in these circumstances it must be held that for the purpose of extorting illegal gratification from the complainant the accused induced a belief in ..... of the present case admittedly the accused had recovered opium from the possession of the complainant noorgul khan and had registered a case against him under the opium act and had also arrested noorgul khan. the accused was. therefore, connected with the prosecution of the case against noorgul khan in exercise of his official functions ..... penal code.9. in order to appreciate the contention advanced on behalf of the state we may reproduce here the relevant portion of section 4 of the act.4. presumption where public servant accepts gratification other than legal remuneration:(1) where in any trial of an offence punishable under section 161 or section 165 .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-16-1972
Reported in : 1972WLN572
..... if any, and observes and performs the other conditions of the tenancy, in as far they are consistent with the provisions of this act.the bombay act was amended in the year 1940 and sub-section (3) of section 12 after amendment stands as follows-3. (a) where the ..... of default, dismissed on payment of rent and arrears on the first date of hearing after the enforcement of section 13 of the act. nor can the plaintiff get the defence of the tenants against default struck out for non-payment of rent and arrears.7. i ..... the tenant to pay or tender the rent at the hearing of the suit only applies to those suits which may be instituted after the act comes into operation because it in terms states 'in such suit' and not 'in any suit' can only be a suit referred to ..... demand of the standard rent or permitted increase has been served upon the tenant in the manner provided to section 106, t p. act, 1882.'(3) no decree for eviction shall be passed in any such suit if, at the hearing of the suit, the tenant .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-05-1972
Reported in : 1973(6)WLN346
..... to be its own product. he further found that under section 10 of the matsya customs ordinance duty was recoverable by coercive process under the rajasthan public demands recovery act. he accordingly allowed the claim of the state government.7. shri budh singh bapna has preferred an appeal against that judgment dated 19-11-63. mr m.b ..... a judgment provided the liquidator had reasons to suspect that the liability of rs 1,55, 189-9-9, for which the certificate under section 4 of the act had been issued, was fictitious. the learned judge found on examining the record that was placed before him by the learned advocate general that the company entered into ..... proper resolution was passed on 8th march, 1958 and the learned company judge by his order dated 28th april 58 passed an order under section 522 of the companies. act for the winding up of the company under the supervision of the court. while the appointment of hardit singh as liquidator was confirmed, the official receiver, bharatpur, was .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-20-1972
Reported in : 1972WLN455
..... central or state government, or(ii) by or to any local authority, or(iii) to any company under the provisions of part iii of the rajasthan land acquisition act, 1953 (rajasthan act 24 of 1953), or(iv) for the purpose of a manufacturing industry; or(c) on a transfer to any of the persons mentioned in section 6, to any ..... under any law for the time being in force.the words 'transfer' and 'immovable property' appearing in these sections and the word 'sale' appearing in section 5 of the act are defined in section 2 as follows:2. (iv) 'immovable property' means land or house property wherever situated in the state;.(vii) 'sale' means a transfer of ownership ..... khatedar in mewar had no proprietary right in the land cultivated by him the reason for this finding may also be seen in that authority. according to qanoon mal mewar act 5 of 1947 the tenants are divided into four classes, viz. (1) kharamdar or bapidar, (3) mustkil shikmi, and (2) khatedar, (4) shikmiof these kharamdar or bapidar .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-26-1972
Reported in : 1972WLN814
..... the introduction or publication of the bill because that provision shall continue to have the same force of law which it had acquired under the declaration made under 5958 act and the notification shell not, therefore be affected. 12. learned counsel for the petitioner next argued that the rajasthan motor vehicles taxation (amendment) ordinance, 1972, ..... the state government to have issued a fresh notification specifying new rate or rates of tax from 23rd of june, 1972, under the amended provision of the act this argument, in my opinion, is misconceived and is based on his presupposition that before the bill was passed by the legislature the force of the declaration ..... seat excluding the seat of the driver and the conductor, but now under the new scheme of taxation, as introduced by the rajasthan motor vehicles taxation (amendment) act. 1972, the petitioner is required to pay more tax than what was due from him. he has, therefore, filed this writ petition challenging the notification of 26th .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-10-1972
Reported in : 1972WLN958
..... any meaning at all.prima facie it would appear that section 16 and clause 2(h) are irreconcilable. the rajasthan land reforms and resumption of jagirs act was a deliberate step of the legislature to implement the political philosophy of agrarian reforms and, therefore, to compensate the people who were deprived of privileges ..... the production or manufacture of excisable articles in jagir lands calculated on the basis of average income of three years, preceding the basic year..while the excise act prohibits a party from manufacture of excisable articles and deriving income therefrom without licence, clause 2(h) of the second schedule to the rajasthan land reforms ..... assailed. we shall have to ignore the prayer clause and proceed to determine the precise controversy between the parties.4. section 16 of the rajasthan excise act prohibits the manufacture of excisable articles except in accordance with the terms and conditions of a licence granted thereunder. on the basis of this section, the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-02-1972
Reported in : [1973]31STC92(Raj); 1972()WLN890
..... madhya pradesh high court, the petitioner before us is a dealer within the meaning of the term 'dealer' as defined in section 2(d) of the rajasthan act. we might observe at this stage that the learned members of the board of revenue for rajasthan have rightly directed the assistant commercial taxes officer to determine the liability ..... was whether a building contractor who purchases material for the execution of his building contracts was a dealer or not within the definition of the madhya pradesh general sales tax act and, therefore, liable for the purchase tax. the fact that the madhya pradesh building contractor was registered as a 'dealer' would not make him a 'dealer' ..... to get itself registered. the assistant commercial taxes officer held that the petitioner was a dealer and should have registered itself as such under section 6 of the act and imposed a fine of rs. 50. a revision was filed by the petitioner before the board of revenue for rajasthan against the said order of the assistant .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-12-1972
Reported in : 1972WLN224
..... although the steps taken in the preliminary enquiry were grossly irregular and unfair, the accused cannot complain because there was no infraction of the rules of the evidence act or the provisions of the code. (criminal procedure code).their lordships further observed that the grant of pardon to the witnesses, being highly irregular and unfortunate, was not ..... be charged under sections 162, 164 and 165a of the indian penal code and section 5(1)(a) and 5(1)(b) of the prevention of corruption act, read with sections 114 or 109, ipg the aforesaid order was challenged before this court by mr. chadha in criminal revision petition no. 259 of 1967 & ..... g.d. chadha against the charge-sheet framed by learned special judge, bharatpur, on january 14, 1972. the prosecution allegation, in brief, is that when mr. chadha acted as district superintendent of police, bharatpur from june 8, 1960 to july 7, 1962, he had accepted gratification other than legal remuneration from persons as detailed in annexure .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-08-1972
Reported in : 1972CriLJ1588; 1972()WLN169
..... p.c. were not attracted. learned deputy government advocate also supports this contention.3. the word 'panch' has been defined in section 2 (3) of the raiasthan panchavat act, 1953. like this.'panch' means a member of a panchavat other than a sarpanch.the very definition of 'panch' suggests that it does not include 'sarnanch'. the definition ..... of the term 'sarpanch' as given in section 2 (9a) of the raiasthan panchayat act runs as follows:sarpanch means the sarpanch of a panchavat elected under sub-section (1) of section 13: panchas are elected in accordance with the provisions of section 6 ..... the state government by its notification no. f. 4 (138) lsg/a/58/417 dated january 1, 1962, has delegated the power prescribed in section 17 of the act relating to the removal of the panchas under section 17 (4) to the collector; of the district. the court below has curiously interpreted the word 'panchas' mentioned .....
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