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 : Dec-11-1956
Reported in : AIR1957Raj264
..... signatures were affixed, and, therefore, the document cannot be said to have been properly executed. learned counsel relied on the definition of 'sign' appearing in the general clauses act, which is as follows:--' 'sign', with its grammatical variations and cognate expressions, shall with reference to a person who is unable to write his name, include 'mark' ..... executant was literate, any mark, including the one in dispute, viz., 'sahi' should not be taken to amount to signatures.9. the definition in the general clauses act 1st neither exhaustive nor complete. the meaning of the word 'signature' in the shorter oxford english dictionary is'the name (of special mark) of a person written with ..... 223.'a math, like an idol, is in hindu law a judicial person capable of acquiring, holding and vindicating legal rights, though of necessity it can only act in relation to these rights through the medium of some human agency. when the property is vested in the math, then litigation in respect of it has .....
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...
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 : 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 : Dec-07-1956
Reported in : AIR1957Raj267
..... contribution. the word 'reimbursement' used in section 69 has to be contrasted with words 'contribute' or 'contribution' used in sections 43 and 44 of the contract act. properly speaking, there cannot be any claim for reimbursement among joint promisors, and there would be contribution between them as persons who are equally bound to perform the ..... contract between the judgment-debtors themselves and although it is subject to contract to the contrary between the copromi-sors themselves, the promisee cannot by his unilateral act do anything to destroy it.18. let us examine the position in the light of a few decided cases. the first case to which reference may ..... unenforceable cannot have the effect of affecting their liability between themselves on the principle of contribution which is recognised in sections 42 to 44 of the contract act. this liability to contribute equally on the part of the co-promisors towards the performance of a joint and several promise appears to be primarily based .....
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 : 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 : Supreme Court of India
Decided on : Apr-26-1956
Reported in : AIR1956SC593; 1957(0)BLJR264; [1956]1SCR451
..... the present appellants. in the result, we agree with the courts below that the title of the appellants has been extinguished under section 52 of the transfer of property act, by the court sale dated 2-8-1928. 10. it must be mentioned that the appellants also pleaded that the suit was barred by limitation under article 142 ..... and indeed, the defendants succeeded on that very issue. this objection must accordingly be overruled. 2. it is next contended that section 52 of the transfer of property act does not operate to extinguish the title of dr. nanjunda rao and his successors under the sale dated 30-1-1920, because the proceedings which resulted in the decree ..... and sought a decision on the evidence that the proceedings were collusive in character, with a view to avoid that operation of section 52 of the transfer of property act. we are satisfied that the defendants went to trial with full knowledge that the question of lis pendens was in issue, had ample opportunity to adduce their evidence .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-1956
Reported in : AIR1957SC255; [1957]1SCR77
..... to be applied for the benefit of the donee the gift is vested and not contingent. (see explanation to s. 19 of the transfer of property act, explanation to s. 119 of the indian succession act. see also williams on executors and administrators, 13th ed., vol. 2, p 663, and jarman on wills, 8th ed., vol.2, . 1397. this rule operates ..... the hands of the donee, the gift is a vested one.' he drew our attention to the fact that both s. 19 of the transfer of property act and s. 119 of the indian succession act clearly indicate that if 'a contrary intention appears' from the document that will prevail. he has also drawn our attention to the case in bernard v ..... an interest created by such a deed is vested or contingent has to be guided generally by the principles recognised under sections 19 and 21 of the transfer of property act, 1882, and sections 119 and 120 of the indian succession act, 1925. the learned judges of the high court relied on illustration (v) to s. 119 of the indian succession .....
Tag this Judgment!