Court : Rajasthan
Decided on : Jan-10-1972
Reported in : 1972WLN8
..... future occasions.11. i have cart fully gone through the minute recorded by shri j.s. ranawat (ex. a/4) which has preceded the impugned order ex. 4/2. the acting chief justice bad remarked that the outgoing chief justice had inspected the plaintiff's work as district judge, ganganagar on 4-9-61 and he did not feel very happy ..... 'rajpramukh' came to be substituted by the word 'governor' after 1-11-56 when a governor was appointed for the reorganised state of rajasthan in consequence of the state reorganisation act, 1956. part ii of the rules relates to the cadre. rule 6 laid down that the strength of the service and of each class of posts therein shall be determined ..... ordered and an officer was appointed to hold an inquiry, but before the completion of the inquiry his reversion was ordered. two of the hon'ble judges s.k. das, acting c.j. and ayyanagar j. negatived the contention of wadhwa that it had a right to go automatically info the senior scale. in other words, it was held by them .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-17-1972
Reported in : 1973(6)WLN76
..... commissioner of income-tax, madras v. nelliappan : [1967]66itr722(sc) the supreme court while dealing with the case, which was governed by the indian income-tax act, 1922 held that the inference of the tribunal that there was a connection between the profits withheld by the assessee from his account books and the cash credit entries ..... officer, satisfactory the sum so credited may be charged to income-tax as the in come or the assessee of that previous year.7. the indian income-tax act, 1922 contained no corresponding provision. in fact, it seems to be the recognition of a principle which was enunciated in some decided cases. reference in this connection ..... additional assistant commissioner by examining relevant entries. the additional commissioner of income tax, rajanthan made an application before the tribunal under section 256(1) of the income tax act, 1951, requiring it to draw up a statement of the case and refer the question of law mentioned in d.b. civil income tax reference no. 86 .....
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 : Jan-25-1972
Reported in : 1972WLN133
Kan Singh, J.1. This is a defendant's second appeal and raises a question about the validity of a mortgage of undivided share in a joint Hindu family property situated at Abu Road which had at one time formed part of the former State of Sirohi.2. On 5-5-1948, Ghisalal and Rameshwarlal who were brothers, mortgaged their joint family house in favour of one Nathulal for an amount of Rs. 4000/- undertaking to pay interest at 9% per annum. Nanakram, defendant-appellant was the son of Matadin, a brother of Ghisalal and Rameshwarlal He was minor at the time the house in question was mortgaged. His name did not appear in the mortgage deed. On 10-1-50 Nathulal, the mortgagee and his son Lalit Kumar filed a suit for realisation of Rs. 4000/- principal and Rs. 604/-interest plus some notice expenditure, total Rs. 4604/14/- by sale of the mortgaged house. The suit was filed against Ghisalal, Rameshwarlal & Nanakram. Rameshwarlal died during the pendency of the suit and was subsequently represented...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-25-1972
Reported in : 1972WLN38
..... oil and ground-nut oil sold by the accused was in contravention of the rules. section 16(1)(a)(ii) of the act makes punishable selling of any article of food in contravention of any of the provisions of the rules. the conviction of the accused ..... oil and ground-nut oil, it must be deemed to be adulterated within the meaning of section 2(1)(a) of the act. the food inspector in the present case demand from the accused a sample of til oil and if the accused sold to him ..... prejudicial to the purchaser, the admixture cannot be treated as adulterated article of food within the meaning of section 2(1)(a) of the act. section 2 deals with definitions. sub-section (1) of section 2 defines the word 'adulterated'.7. its clause (a) runs as under ..... petitioner under section 7/16 of the act cannot therefore, be held to be illegal.12. the learned counsel lastly contended that the sentence was excessive in view of prolonged .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-04-1972
Reported in : 1972WLN85
..... present who have heard all the evidence must decide whether the accused is or is not to be committed for trial.a magistrate inquiring into a case is not to act as a post-office. he has to reach the conclusion whether or not a case before him is fit one for commitment to the court of sessions. it is true .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-04-1972
Reported in : 1972WLN68
..... liquidator is therefore futile.5. it has next been urged that as the applicant had denied his responsibility to file a statement of affairs under section 454 of the companies act on the ground that he had resigned from the off ice of director, he should not be allowed to claim his remuneration in that capacity. the learned counsel for the ..... tunnel 1880 (16) ch. d. 590. the position of the law on the point is thus quite clear and has been stated as follows in buckley on the companies acts, thirteenth edition, page 544:a creditor may come in and prove at any time before the company is dissolved; the penalty of not coming in before the day fixed by ..... is not entitled to claim remuneration because at the time when he was called upon to file the statement of affairs of the company under section 454 of the companies act, he denied his responsibility on the ground that he had resigned already. lastly, it has been contended that the application is premature because the applicant has not filed a .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-10-1972
Reported in : 1973CriLJ806
..... such investigation as might be called for and by such officer, as it considered appropriate with reference to the requirements of section 5-a of the prevention of corruption act. where the cognizance of the case had already been taken and the case had proceeded to termination, the invalidity of the precedent investigation did not vitiate the result ..... in my opinion, were sufficient to enable the magistrate to give permission to jeet mal in accordance with the provisions of section 5-a of the prevention of corruption act, 1947. the accused also did not raise1 any objection in regard to illegality in the investigation in the course of his trial nor has he shown any basis ..... then pointed out that the most important witness in this case was abdul gani but he has not been examined. adverse inference. therefore, by virtue of section 114, evidence act be drawn against the prosecution. it is to be seen whether abdul gani was a very material witness in this case, p. w. 1 mr. ugamrai bhandary says.- .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-11-1972
Reported in : 1972WLN702
..... extraordinary jurisdiction is invoked to safeguard the fundamental rights. hidayatullah c.j, in this connection observed as follows:in india we have the limitation act which prescribes different periods of limitation for suits, petitions or applications. there are also residuary articles which prescribe limitation in those cases. where no ..... 6 was thereafter issued; but that notification was not challenged by the petitioners as being violative of the provisions of the rajasthan land acquisition act on the contrary the petitioners put up their claims before the land acquisition officer to determine their compensation and, therefore in these circumstances without ..... the, state government have initiated the proceedings for acquisition for birla cement work, chittorgarh, without complying with the requirement of chapter vii of the act. this lacuna, according to the petitioners, vitiates the; entires proceedings and therefore it was prayed that the notifications under section 6 and the subsequent .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-15-1972
Reported in : 1973CriLJ1262; 1973()WLN125
..... . i have heard at length the arguments advanced on behalf of both the parties. a similar complaint in this connection had also been made under section 33 of the advocates act. 1961. to the bar council, rajasthan. disciplinary committee no, 1 of the bar council of rajasthan, jodhpur, inquired into the matter and dismissed the complaint on february 22, ..... rai, assistant surgeon benares. i beg to withdraw the case against him.this was produced at the trial. the magistrate acquitted j. of the charge under section 120. railways act. it was held by stuart j. of the allahabad high court that this document clearly amounted to a composition of the offence committed by j.. in so far as it ..... against an order of acquittal under section 345, criminal p. c. is a procedure for which no. precedent has been shown. i have not been shown that the act of the additional munsiff-magistrate no. 2 is in any way illegal in accepting the compromise which it was within his sole discretion to allow or refuse. i am, .....
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