Court : Rajasthan
Decided on : Apr-27-2000
Reported in : AIR2001Raj248
..... the plaintiff-respondent no. 1 firm, by which the suit of the plaintiff-respondent no. 1 firm was rightly held within limitation and benefit of section 19 of the act of 1963 was rightly given to the plaintiff-respondent no. 1-firm on the basis of acknowledgment. thus, the argument of the learned counsel for the appellants-defendants that ..... against the person making the payment and his successors, but even against other persons liable in respect of the same debt.11. in this respect, section 20 of the act of 1963 will also be seen.12. the principle on which each partner binds all his associates is the principle of agency and it has accordingly been held by all ..... on 5-10-1981 for recovery of rs. 14,796/- principal amount and rs. 52047-interest stating that the plaintiff-respondent-firm is a registered firm under the indian partnership act and shankarlal is one of the partners of the plaintiff-respondent no. 1 firm, who is acquainted with the facts of the case. the appellant-defendant no. 1 is .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-28-2000
Reported in : AIR2000Raj298
..... :--'whether in the facts and circumstances of the case, the learned district judge was not right in decreeing the suit of the plaintiff as section 26 of the indian electricity act, 1910 is not applicable and condition no. 19(d)(7) of the general conditions of supply & scale of misc. charges relating to the supply of electricity, 1964 applies to ..... 7. this condition speaks very clear that it is only applicable when the meter is out of order for any reason during any month, while section 26(6) of the act of 1910 is applicable when the meter is not correct. in the present case, there is specific case of the defendant appellant as per para 3 of the written statement ..... and it was not completely out of order.. 8. when this being the position, the case of the plaintiff respondent would be covered by section 26(6) of the act of 1910 and not by condition no. 19(d)(vii) of conditions of 1964. for this purpose, there is a clear authority of this court in rajasthan state electricity .....
Tag this Judgment!Court : Rajasthan
Decided on : May-03-2000
Reported in : 2000(2)WLN307
..... any contrary intention of the legislation. 4. in air 1972 s.c. 1935 it has been held that omission to provide limitation under sections 68 and 75 of the esi act and on the other hand providing limitation for claim of payment of any benefit under the regulations, shows clearly the intention that on the ground of limitation. in the ..... that section 6-a was not there in the amending ordinance but was new insertion in the amending act. while inserting section 6-a to apply amended section 21 to the pending suits/proceedings, if the legislature wanted to apply other amended provisions or amended section 19 also ..... of the rajasthan high court ordinance. 3. there is no express provision applying section 19 on the pending suits. on the contrary through section 6-a of the amending act 1992, the amendments made in section 21 regarding appeals, have been made applicable to the suits or proceedings pending on 12-8-1992 also. this is pertinent to note .....
Tag this Judgment!Court : Rajasthan
Decided on : May-04-2000
Reported in : 2000(3)WLN158
..... from seizing the excavator in question unless determination of any sum, if any, payable under motor vehicles taxation act, 1951 in appropriate proceedings in accordance with law is made keeping in view principles for such determination stated in birla cement works case.5. it is stated ..... come before this court in apprehended seizure of their vehicle, which have not been subjected to tax nor any proceedings for determinating liability under motor vehicles taxation act, 1951 has been initiated.4. in the aforesaid circumstances we allow this appeal as well as the petition filed by the petitioners. the respondents are restrained ..... factory or premises off the owner only cannot be subjected to tax by state legislature. the court has also expressed in that case that motor vehicles taxation act has to be construed in the context of legislative field reserved for the state legislature for levying tax on motor vehicles. under entry 57 of list .....
Tag this Judgment!Court : Rajasthan
Decided on : May-05-2000
Reported in : AIR2000Raj284
..... a. rules, 1958, the chairman cannot shift his entire responsibilities on him and he has to be dealt with separately under the provisions of section 63 of the act, which provides a special procedure and as the judicial inquiry has also begun, there was no justification in revoking the suspension order.4. undoubtedly, suspension of a ..... board, gulabpura (district bhilwara) in august, 1995. he was issued a show cause notice dated 17-7-1999 (annexure p/1) under section 63 of the act calling upon him to furnish his explanation with respect to allegations mentioned therein. the said allegations reveal that there was a gross negligence on the part of the ..... instant writ petition has been filed for quashing the suspension order dated 6-1-2000 (annexure p/4) passed under section 63 of the rajasthan municipalities act. 1959 (for short, 'the act') by the state government against the petitioner the chairman of municipal board, gulabpura.2. the facts and circumstances giving rise to this case are that .....
Tag this Judgment!Court : Rajasthan
Decided on : May-08-2000
Reported in : 2007(3)WLN551
..... status quo of the property. this obviously means that the plaintiff may not be dispossessed without adopting due process of law being the process provided under the act. in such circumstances the objection taken by the petitioner on the anvil of section 10 or section 10a, rather does not arise in the present case.8 ..... been determined for any reason whatever. since the act itself provides a complete machinery for eviction of such unauthorised occupation, and that machinery itself contemplate a particular legal procedure which includes the right of hearing to ..... of any arrears or for any of the amount enumerated in section 10a. the term 'unauthorised occupation' has been defined in section 2(e) of the act to mean occupation of any person of public premises without authority for such occupation and includes the continuance in occupation, after the authority has expired or has .....
Tag this Judgment!Court : Rajasthan
Decided on : May-09-2000
Reported in : 2000(2)WLC257
..... , the rules could validly provide a maximum term of three subject to rescission or modification earlier. the provisions of rule 4 are therefore, neither ultra vires the act nor ultra vires the constitution.15. now let us deal with the plea that the petitioner was director representing producers of agricultural products and was replaced by an ..... modify the term of appointment provided by rule 4 is quite distinct and separate from the power to remove a nominated director under section 22(2) of the act, the question of removal would arise only when the nomination continues. when the nomination is rescinded, the incumbent ceases to be a director and therefore cannot be ..... above and in his palce shri n.r. bhasin has valldly been appointed', 'appointments are made by the state government and u/s 18 of the general clauses act. the state government is empowered to remove them', 'removal from the post of director implies removal of the chairman because chairman is appointed from among the directors', .....
Tag this Judgment!Court : Rajasthan
Decided on : May-16-2000
Reported in : AIR2000Raj337; 2000(3)WLC36; 2000(3)WLN249
..... partner of administration constitutionally and legally was justified to direct the rbi, respondent no. 2 to ensure the implementation of section 36-aa of banking regulation act as the acts of rbi, respondent no. 2 was found to be demurrable in initiating proceedings against directors and other responsible officers of the bank of respondent no. ..... hereinabove and in rbi inspection reports. (e) the respondent rbi may be directed to discharge its statutory functions, duty and responsibility under section 36-aa of the act of 1949, by removing all the directors, office bearers, officers nominated/appointed by or at the instance of the bangur group. (f) respondents nos. 1 ..... to delineate the facts and circumstances of the case under which the learned single judge was compelled to issue the aforesaid direction to cbi to investigate the acts, commissions and omissions committed by bangur group leading misfeasance and malfeasance to the tune of rs. 300 crores to the bank of rajasthan limited and also .....
Tag this Judgment!Court : Rajasthan
Decided on : May-19-2000
Reported in : I(2001)DMC251; 2000(3)WLC496; 2000(3)WLN330
..... sufficient evidence to prove them, must bear responsibility for making such allegations. if the allegations are made falsely or without sufficient evidence to prove them, the act of making allegations against either party may amount to cruelly.(27). in omprakash vs. shakuntala (6), a learned single judge of this court considering the question ..... by their conduct, violated the taboos or omitted to perform the duties expected of them, the human relationship of husband and wife cannot perpetuate. the act of giving up of the determination to continue the marriage as well as violation of taboos necessary for the relationship and omission to perform the duties necessary ..... and wife, is primarily a human relationship which has been granted legal recognition and is sought to be regulated by the provisions of the hindu marriage act, 1955. there is a basic distinction between a human relationship and legal relationship. a legal relationship is brought into existence by law but a human relationship .....
Tag this Judgment!Court : Rajasthan
Decided on : May-22-2000
Reported in : AIR2001Raj9; 2001(4)WLC647; 2000(3)WLN322
..... money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.' 16. section 10 of the transfer of property act reads : '10. condition restraining alienation.--where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him ..... were restrained from asking for deposit of any amount of conversion charges under section 173-a of the rajasthan municipalities act. 6. the learned counsel for the appellants has submitted that the view taken by the learned single judge is not correct and that the provisions ..... the petitioner by the municipal corporation or the state government on any condition and, therefore, the provisions of section 173-a of the rajasthan municipality act, 1959 did not apply and no conversion charges would be demanded by the municipal corporation, jodhpur. consequently, the writ petition was allowed andthe respondents .....
Tag this Judgment!