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 : 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 : Sep-25-1956
Reported in : AIR1957Raj384
..... which was adopted end clause (a) related only to those wills which were executed within the territories of marwar, therefore, according to section 213 of the marwar succession act, 1936. a probate was necessary for establishing the right of the executor or legatee under the will only if the will was executed within the territory of marwar. ..... account of the absence of probate. in the first appellate court, learned counsel for the appellant had urged that it was section 213 of the marwar succession act which debarred the respondent from establishing her right as a legatee without a probate. in support of his contention, he had referred to the case of balkishan v ..... time. one of the arguments of the appellants in the first appellate court was that the will was not probated and hence under section 213 of the marwar succession act, the respondent could not establish her right as a legatee. that argument was repelled by the first appellate court. the same contention was. however, raised again in .....
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 : 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 : Oct-29-1956
Reported in : AIR1957Raj355
Bapna, J.1. This is a second appeal by the plaintiffs in a declaratory suit.2. Respondent No. 1 Chhagan Lal obtained a money decree on the basis of a mortgage-deed executed by Ladurara against his son and legal representative Gangadhar. When the decree was put in execution and the mortgage property was attached, the appellants Sohan Lal and Gokalchand, minor sons of Gangadhar, Mst. Mooli, widow of Kushalchand, and Mst Ganpati, widow of Ladu Ram, instituted a suit for declaration that the house property attached was joint Hindu family property and not liable to be sold in execution of the decree, which was for the enforcement of a mortgage, as the said mortgage was not binding on the members of the family.The trial Court, after evidence, decreed the suit, but on appeal that judgment was set aside. It was held by the first appellate Court that the mortgage had been effected for an antecedent debt by the manager of the joint Hindu family and further the plea of want of legal necessity was...
Tag this Judgment!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 : Nov-30-1956
Reported in : AIR1957Raj331; 1957CriLJ1187
..... about 10 miles from anandpura.3. first information report was lodged by harchand on 29th september, 1954, at the police station, neemrana. the station house officer, neemrana. shri bal krishna soon started for the spot of occurrence and prepared a site plan (ex. p-2). inquest report (ex. p-3) of the deceased hardeva, was drawn up and ..... case as laid by the prosecution in the beginning of the trial was that all the accused committed riot and in pursuance of a common unlawful object committed various acts of violence.it was, therefore, not illegal to jointly try all the accused. it was further argued that the prosecution evidence was quite sufficient to bring home the ..... were prevented from coming out of their houses in order to lodge a report of the riot and offences committed in the course thereof at the police. therefore this latter act, fell within clause (a) of section 239, according to the charge sheet, therefore, under section 239, the accused could well be tried jointly for the riot and .....
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...
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