Court : Rajasthan
Decided on : Sep-01-1982
Reported in : 1982WLN676
..... force in that area stood repealed in such area, to the extent specified in the third column thereof. in the schedule annexed to the prohibition act, the act of 1950 has been repealed in whole in relation to liquor. it has been further stated in the reply that the intention of legislature was to ..... within the areas of the state of rajasthan liquors subject to the conditions specified in the rajasthan liquor prohibition rules, 1967. the aforesaid notifications under the excise act were also made applicable to the different districts in the state of rajasthan on 1st april, 1979, 2nd october, 1979, and 1st april, 1980 as ..... prohibition committee and vice president of rajasthan freedom fighters association.2. the grounds raised in the petition are that notifications were issued under rajasthan excise act, 1950 (hereinafter called 'the act of 1950') bringing prohibition into effect in various districts of rajasthan as time bound phased programme. the first notification which came into force on 1st .....
Tag this Judgment!Court : Rajasthan
Decided on : May-19-1982
Reported in : 1982WLN264
..... to the complainant party.28. contrary to it i am of the opinion that they have discharged the responsibilities which is expected from them and in doing so they have acted with bonafide motive of unfolding the crime and not permitting the police officers who are local police officers to hush up the matter, if any such attempt was made.29 ..... one hand and the interest individuals on the other coupled with it is the function of the state, which, are to be balanced and the criminal courts are required to act as watch-dogs of the liberty and rights of citizens, which have been given in the constitution and more particularly in chapter iii on the fundamental rights.16. in this .....
Tag this Judgment!Court : Rajasthan
Decided on : May-26-1982
Reported in : 1982WLN533
..... the occurrence. they surrounded the police party. they snatched away rifles and bondo-liers with live cartridges from the constables. two of the accused namely, suresh and bal chand, instructed their associates to finish the police party, they gave beating to the police official with lathies and pharises, as a result of which the police party ..... the execution of the decree, dated february 13, 1980.3. during the pendency of this appeal, gopal had filed another suit under section 183 of the rajasthan tenancy act, 1955, against badri lal, which had been decreed on february 23, 1982. the learned assistant collector had held that the sale made by the members of the ..... took away the standing crop themselves and distributed the same amongst s.h.o , deputy superintendent of police and superintendent of police of the area. if such an act had been done, they could proceed under the provisions of the relevant law against the guilty persons. in bail application filed by the accused under section 438, cr .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1982
Reported in : 1982WLN(UC)305
..... 4) the charge created under sub-section (1) shall be available as against any claim of the government arising from a loan granted under the rajasthan agricultural loans act, 1956 (rajasthan act i of 1957 after the grant of the loan by the society.11. it was argued that only agricultural produce, cattle, fodder for cattle, agricultural or industrial ..... competent authority under section 117. then they are required to file an application before the registrar, as per rule 92 sub-clause (1) of clause c of the act.8. the petitioner filed a revision before the registrar, challenging the demand notices and attachment, and obtained exparate stay order on 2.1.1976 but inspite of that, ..... petitioner submits a list of the members who are defaulters then that amount would be reduced.5. in 1975, the bank gave a notice under section 117 of the act (vide exhibit 4) in the form of letter, directing the petitioner to deposit rs. 7000/-. a reply was given and another notice was then received by the petitioner .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-15-1982
Reported in : 1982WLN653
..... , there could have been reasonable suspicion, though not proof that the accused had good reason to believe that the jewellery which was given to him, was obtained by some criminal act, may be a theft or dacoity or misappropriation. the prosecution has not examined any such evidence during the investigation and, therefore, prima facie the fact that rs. 45,000/-were ..... the present accused vasudev sharma.27. it is important to notice that even in the information which was given by other accused gulam mustafa under section 27 of the evidence act, there is not the slightest suggestion that the present accused vasudev sharma was having any knowledge of this dacoity or of the fact that the property was obtained in a .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-13-1982
Reported in : 1982WLN47
..... at the time of marriage ignorant of the fact alleged;(ii) that procedings have been instituted in the case of a marriage solemnised before the commencement of this act within one year of such commencement and in the case of marriage solemnised after such commencement within one year from the date of the marriage and(iii) ..... be entertained. here it will be necessary to notice the material portion of section 12:voidable marriages: (1) any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annualled by a decree of nullity on any of the following grounds, namely:(a) ...(b) ...(c) ...(d) that the respondent ..... the husband-petitioner (respondent) and the wife non-petitioner (appellant) as voidable and annulled it by a decree of nullity under section 12(1)(d) of the act. the petitioner-respondent and the non-petitioner appellant will be referred to hereinafter as the husband and the wife respectively.2. the facts leading to this appeal may .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-26-1982
Reported in : 1982WLN681
..... ultimately subsided by president roosevelt repealing the prohibition act and the 18th amendment act by section 1 to 21st amendment and the president proclaimed as follows:i ask the whole hearted co-operation of all our citizens to the end ..... chinese, hamnura law provided death penalties to a young becoming after three consecutive waves of temperance in america from 1978, resulting in ultimate passing of the national prohibition act and the 18th amendment of the constitution of the united states marked the high tide of the prohibition movement, but the three waves of 1798,1850 and 1920 ..... 2/10/79 according to the petitioner, from 12th august 1981 by an ordinance, the state of rajasthan has scrapped prohibition and this ordinance has now become an act. now the prohibition has not only been scrapped but the state of rajasthan is selling liquor openly and is encouraging sale of liquor. this is all against .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-25-1982
Reported in : 1982WLN644
..... civil procedure for allowing amendment in the pleadings of the parties. the amendment may besought in relation to any of the grounds mentioned in section 13 of the act. thus, the contention advanced before me in my opinion, is absolutely unfounded and deserves to be rejected.6. no other point has been pressed before me.7 ..... gulab (supra), relied upon by shri mardia his no application to the present case. in that case the order was passed under section 13(5) of the act, whereby the defence of the defendant was struck off and an appeal was preferred against that order, but the learned district judge expressed an opinion that no appeal ..... 1981, although the amendment application was contested by the petitioner. aggrieved by the order of the learned munsif, the petitioner preferred an appeal under section 22 of the act before the learned additional district judge, sirohi, and on a preliminary objection regarding the maintainability of the appeal, when raised before him, he upheld the same and .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-12-1982
Reported in : 1982WLN118
..... that this court as well as the hon'ble supreme court has repeatedly held that in interpretation of beneficial legislation like the rajasthan premises (control of rent & eviction) act, or any such pent control laws, the approach of the court should be liberal so as to protect the tenant from eviction. in (2) santosh mehta v. ..... liability of his defence against eviction being struck cut mandatorily under sub-section (6) reproduced above. in view of the provisions of section 6, rajasthan general clauses act, 1955, it is obvious that the tenant's defence against eviction in the present case could be struck out under sub-section (6) of section 13, ..... against the ejectment, by hypertechnical interpretation of sub-sections (2), (3), (4) & (5) of section 13 of the rajasthan premises (control of rent & eciction) act, 1950.2. the pivot of debate in the instant case, therefore is between the interpretation of rent laws in consonance with 'social justice' against the hair splitting interpretation based .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-11-1982
Reported in : 1982WLN565
..... no. 3, was declared to be surplus land and liable to be acquired under the provisions of the rajasthan imposition of ceiling on agricultural holdings act, 1973 (for short 'the act',). no notice of ceiling proceedings was served on the petitioner and the petitioner had no knowledge of these proceedings the respondent no. 3 gave his ..... been taken to be the transferee, then the authorised officer can enforce the obligation of the transferor provided in sub-section (4) of section 16 of the act. he maintained that the only remedy of the transferee in to maintain an action against the transferor for the return of consideration and damages, if any, arising ..... legislative function under the thin disguise of interpretation' and lord marton obverved 'these harpies are out of place' and lord tucker pointed out 'your lordships could be acting in a legislative rather than judicial capacity, if the view put forward by denning l.j. were to prevail. 'it may be stated that the observations of denning .....
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