Court : Rajasthan
Decided on : Jan-09-1973
Reported in : 1973(6)WLN6
..... ors. : air1952bom445 ; and 3. deccan merchants co-operative bank ltd. v. dalichand jugraj jain and ors. : [1969]1scr887 i may read section 75 of the act:75. disputes which may be referred to arbitration (1) notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management, ..... shows that the legislature was keen to provide that ordinarily the co-operative societies should not be dragged in civil courts, if this could be avoided. the act has provided a comparatively cheap and a speedy remedy in disputes concerning a society. the words 'touching the constitution, management or the business of a cooperative society ..... read this section:143. notice necessary in suits.- no suit shall be instituted against a cooperative society or any of its officers in respect of any act touching the constitution, management or the business of the society until the expiration of two months next after notice in writing has been delivered to the registrar .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-01-1973
Reported in : 1973(6)WLN955
..... affiliated college and not with the candidate who sought admission. it is not a case where the candidate has been guilty of any misconduct or any misstatement or suppression of (acts at the time of seeking admission. it is for the university to insist on strict adhernce to its directions by the affiliated colleges and if they do not follow them .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-23-1973
Reported in : 1973(6)WLN257
..... of the house of lords in sutters v. briggs 1922-1 ac 1 at page 8 when lord birkenhead observed, 'the consequence of this view of section 2 of gaming act, 1835, will no doubt be extremely inconvenient to many persons. but this is not a matter proper to influence the house unless in a doubtful case affording foot-hold for .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-13-1973
Reported in : 1973(6)WLN663
C.M. Lodha, J.1. This is a plaintiff's second appeal arising out of a suit instituted by him in the Court of Munsiff, Ajmer City (Rast), Ajmer on 22 -11-1963 praying that a declaration may be granted in his favour that the order of Additional Commercial Superintendent (East), Western Railway, Ajmer dated 23 1.1961 marked Ex A 28 is void, illegal and ultra-vires and that the plaintiff should be deemed to continue in service of the Western Railway. The suit was dismissed by the learned Munsiff but on appeal by the plaintiff it has been decreed. Hence the Union of India has come in appeal to this Court.2. The facts necessary for decision of the points canvassed before me lie within a naarow compass and may be stated as below.3. The plaintiff who was working as Tickst Collector on 23.9.1958 at Bhuj (which for the aske of brevity has been described as BVJ), is alleged to have received Rs. 17 50 paisa from 35 Third Class passengers for false reservation in Bhuj-Ahemdabad through coach of Tra...
Tag this Judgment!Court : Rajasthan
Decided on : Nov-26-1973
Reported in : 1973(6)WLN892
..... seeks to debar the petitioner from raising its defence was itself without jurisdiction. my conclusions therefore are:(i) that the order of the authority under the payment of wages act dated 1-7-1965 in case no. 42/65 does not operate as res judicata against the petitioner; and(ii) that the authority had no jurisdiction to determine ..... wages to which he was automatically entitled, without any orders of his superior officers he might justly have claimed redress of his grievances from the authority under the act as it would have amounted to an under payment. but in the present case it clearly appears to me that the superior officers of the railway administration were ..... by the competent authorities of the railway administration but instead of getting that done, the nonpetitioner has sought his redress by making a claim before the authorities under the act. as held by their lordships of the supreme court in a.v.d' costa v. b.c. patel : air1956bom268 if the railway had with held the employees .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-04-1973
Reported in : 1973(6)WLN654
..... court. it is true that the plaintiff essentially seeks the relief of possession of the suit land and the house which essentially fall within the scope of the tenancy act. the question then is, can the plaintiff oust the jurisdiction of the revenue court by claiming a relief that a decree for cancellation of a sale deed be granted ..... for the appellant has urged only the question of jurisdiction. it has been argued by him that the suit is cognizable by revenue court only.5. section 207 of the act which is relevant, reads as under:207. suits and applications cognizable by revenue court only, (2) all suits and application of the nature specified in the third schedule ..... as well as lack of consideration however, he came to the conclusion that the sale was void ab-initio being in contravention of the provisions of section 42 of the act, as to the question of jurisdiction, he found that residential land was involved in the suit along with the agricultural land and, therefore, the suit was triable by .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-26-1973
Reported in : 1973(6)WLN765
..... mind in determining its appropriate quantum in a given case. the main purpose of the sentence broadly stated is that the accused must realise that he has committed an act which is not only harmful to the society of which he forms an integral part but is also harmful to his own future, both as an individual and as ..... relevant observations from the supreme court case:.the only question which arises is that under section 5(1)(d) read with section 5(2) of the prevention of corruption act the minimum sentence prescribed is rigorous imprisonment for one year & there must also be imposition of fine the sentence of imprisonment can be for lesser period but in that ..... in the regard to a supreme court case b.c. goswami v. delhi administration : 1974crilj243 , that case was also under section 5(1)(d) of the prevention of corruption act. dealing with the question of sentence the supreme court has given guide lines in the matter of determining the quantum of sentence. i can do no better than, to extract .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-11-1973
Reported in : 1973(6)WLN828
..... the person who had given out this statement her identity as the maker of this statement must first be established before a presumption allowed by section 80 of the evidence act could be made in my opinion, she may be cross-examined in regard to this statement and if she denies to have given it out, she may be ..... mst. hira of her silver ornaments and that the ornaments were recovered from his possession at his instance in consequence of his information recorded under section 27 of the evidence act. the police officer has submitted all the relevant documents and statements of the witnesses which he had prepared and recorded during the course of investigation. in his report he ..... (c) of sub-section (1) of section 190. cr p.c. only if he receives an information from any person other than a police officer or if he acts upon his own knowledge or suspicion that such offence has been committed. reliance in support of my above view may be placed on the following authorities: badamilal v. the state .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-06-1973
Reported in : 1973(6)WLN180
..... is by now firmly established that an inquiry officer conducting departmental inquiries against a government servant which may entail the punishment of dismissal or removal from service has to act quasi-judicially. he has to follow the rules of procedure governing the inquiry. by and large, such rules embody the principles of natural justice as well, but ..... , control and appeal) rules, is bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935, so as to give a statutory protection to the government servants and is now incorporated in article 311(2) so as to convert the protection into a ..... express any desire to produce such evidence. the enquiry cannot be considered to be open to challenge on the ground that the procedure laid down in the evidence act for recording evidence or in the code of criminal procedure for trial of offences has not been strictly followed.10. in daljit singh v. inspector general of .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-27-1973
Reported in : 1973(6)WLN309
..... counsel for the non-petitioner plaintiff has urged that the question of provision of marriage expenses for the daughters does not arise in a case governed by the hindu succession act, 1953 for the simple reason that the daughters are also equally entitled to a share along with their brothers in the property of their father this is correct. in view ..... of this position under the hindu succession act, 1956 marriage expenses for the marriage of a daughter incurred by one member in the family can be accounted for only between the daughter and the male member who has .....
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