Court : Rajasthan
Decided on : Oct-24-1972
Reported in : 1972WLN885
..... find out by referring to the relevant electoral roll of the municipality whether the candidate does fulfil the qualifications of becoming a candidate as prescribed by section 24 of the act. if no information is supplied to the returning officer regarding the electoral roll number of the candidate and if the candidate or his proposer or seconder or any other ..... section 9 or 10; (b) that the candidate either is not qualified for being chosen to fill the seat under the provisions of sections 26, 59 or 61 of the act, or (c) that the proposer or seconder is not qualified to subscribe the nomination paper under clause 8, or (d) that in case the election is solely for ..... the form with a view to enable the returning officer to find out whether the candidate fulfills the qualifications of being a voter under section 24 of the rajasthan municipalities act 1959 or not. in the present case column no. 8 was quite blank and at the time of the scrutiny neither the proposer nor the seconder nor the candidate .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-27-1972
Reported in : 1972WLN851
..... fact and should not be adjudicated in the exercise of extraordinary jurisdiction. he further submitted that the petitioner has alternative remedies which are provided by the sales tax act and the petitioner should not be permitted to by-pass the statutory machinery. he contended that there is no error apparent on the face of the record ..... answer to the petition contesting the plea raised by the petitioner that the commodity in question is exempt under item 18 of the schedule to the sales tax act and it is further submitted that according to the legal provisions and definitions, fabric is a manufactured material which is an end-product which does not need ..... on the 10th of may, 1971 the deputy commissioner (administration), commercial taxes. jaipur, issued four notices under the proviso to section 12(1) of the sales tax act, for taxing the sales of the petitioners commodity in question. the proceedings were dropped on the 21st of june, 1971 in view of the petitioner's preliminary objection and .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-01-1972
Reported in : 1972WLN1015
..... in gopalmal v. state ilr (1965) 16 raj. 63. vinay kumar najoo's case 1968 rlw 325 was a vastly different case because there section 25 of the industrial disputes act, 1947, had been violated even though it prescribed the conditions precedent to the retrenchment of a workman.25 it has been argued by the learned counsel for the petitioners that .....
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 : Nov-02-1972
Reported in : 1972WLN878
..... contracts, one of letting for residential purposes, and the other for non-residential purposes, and to grant relief under section 13(1)(e) of the delhi and ajmer rent control act, 1952, in respect of the portion of the property used for residential purposes.on the other hand, mr. bhargava referred to a decision of the madhya pradesh high court in ..... part which is needed cannot be had without the whole, then the whole thing must be given.there is no provision in the rajasthan premises (control of rent and eviction) act, permitting the court to grant a partial decree for ejectment, and in the absence of such a statutory provision, i am unable to non-suit the plaintiff so far the ..... in respect of a part of the premises, the court shall pass a decree in respect of such part of it. such a provision does not exist in the rajasthan act.11. learned counsel for the appellant has submitted an application under order 41 rule 27 c.p.c. during the course of hearing of the appeal. by this application he .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-03-1972
Reported in : 1973CriLJ1640; 1972()WLN980
..... such document or attempted to do so or secreted, or attempted to secrete such document or committed mischief in respect of such document; and3. the accused must have done such act fraudulently or dishonestly or with intent to cause damage or injury to the public or to any person.7. the most important question for the purpose of the disposal of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-09-1972
Reported in : 1972WLN1097
..... court of america in national labour relations board v. fansteel metallurgical corporation (1939) 306 us 240 were relied:for the unfair labour practices of respondent the act provided a remedy.... but reprehensible as was that conduct of the respondent, there is no ground for saying that it made respondent an outlaw or deprived it ..... code was being committed, the police authorities were bound to take action under section 55 or 166 of the criminal procedure code and under section 55 of the mysore police act. in that case, the supreme court judgment in punjab national bank employees' federation and anr. (5) was cited by the workmen to support their cause, ..... or any other appropriate writ, order or direction be issued directing respondents nosection 1 to 5 to perform their statutory duties under the provisions of the police act and the code of criminal procedure to take appropriate legal action against respondents nos. 6 to 33 and their associates who are committing criminal trespass and other .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-15-1972
Reported in : 1972WLN1081
..... such this suit would not, therefore, be governed by article 100 and the courts below were, therefore, right in holding that it was governed by article 113 of the limitation act which provided 6 years period of limitation for such a suit.18. lastly, i may deal with the cross-objection filed by the respondent. the plaintiff was served, according to ..... a suit or any act or order of an officer of government in his official capacity, and the limitation is one year. the contention is that the second part of the article applies in the ..... . learned counsel for the union further raised the plea that the suit was barred by time. learned counsel argued that the suit was governed by article 100 of the limitation act and not by article 113 there of. this article relates to suits to alter or set aside any decision or order of a civil court in any proceeding other than .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-01-1972
Reported in : 1972WLN943
..... or enforce against the mortgagee.however the characteristics of a mortgage are pliantly inconsistent with the relation of a lessor and lessee. the provisions of the act shows that the relationship of a usufructuary mortgagee and mortgagor is incompatible with the relationship of a lessor and a lessee. and that would mean ..... kamlakar & co. v. gulam shafi : air1963bom42 , lala v. bhagwan dass : air1972delhi175 and sachalmal parasram v. ratanbai : air1972sc637 .9. section 111 of the transfer of property act deals with determination of leases. it, inter alia, lays down that a lease of immovable property determines in case the interests of the lessee and the lessor in the whole ..... suspended and on the termination of the mortgage that relationship would revive with full force and the tenant could legitimately claim the protection of section 13 of the act; being a statutory tenant. learned counsel invited my attention to a number of cases, such as, kallu v. diwan ilr 24 all 487, lachhman das .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-04-1972
Reported in : 1973CriLJ1749
..... must have compared the specimen impression received by him with the seal on the container. thus, the above authority supports the view that illustration (e) to section 114. evidence act. deals with the procedure. learned counsel then relied upon i, t. commissioner v. suraj lai : [1971]81itr495(mp) , k. rajaram v, koranne : air1968bom247 ; ..... outer cover with the specimen impression received separately, on receipt of the package containing the sample for analysis. the high court considered that the public analyst acted in accordance with the rules and he must have compared the specimen impression received by him with the seal on the container. in that case a ..... challan against accused bhanwar lai in the court of munsiff-magistrate, bhilwara, under section 420. ipc and sections 78 and 79 of the trade and merchandise marks act, 1958. learned munsiff-magistrate examined 15 witnesses. he also examined the accused under sec. tually the trial court, by its judgment, dated september 1. 1970, .....
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