Court : Rajasthan
Decided on : Aug-22-1973
Reported in : 1973(6)WLN577
..... parties and decided the issue against the plaintiff and dismissed the suit without deciding the other issues. the learned additional district judge has held that the provisions of the act do not apply to transfer of agricultural lands involving transfer of tenancy rights and therefore the right of pre-emption does not arise as a result of such transfer. ..... 1-8-69). jagat narayan, j. summarily dismissed the revision petition on the sole ground that 'there can be no pre-emption of tenancy rights under the pre-emption act' mr. singhvi urges that the learned additional district judge was bound to follow the decision of jagat narayan, j. he further urges that in view of the two ..... the mistake.it is true that in kishen gopal's case, jagat narayan, j. did not give reasons for arriving at the conclusion that the rajasthan pre-emption act was not applicable to the transfer of tenancy rights but all the same he has emobatically observed so. there is nothing to suegest that the decision given in kishen .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-1973
Reported in : 1973(6)WLN699
..... counsel for the appellant that construction of the proposed tower would adversely affect his right of passing and repassing.7. section 161(1) of the rajasthan municipalities act reads as follows:section 161 powers regarding streets, etc.--(1) it shall be lawful for the board to lay out and make new public streets and ..... repassing in the foot-path would be obstructed on account of these four pillars he placed reliance on the provisions of section 161(1) of the rajasthan municipalities act and relied on manglaur municipality v. mahadeoji : [1965]2scr242 and pyarelal satpal v. santlal 1972 rlw 514. mr rastogi appearing for the legal representative of ..... proposed pillars and thereby they would be instrumental in removing the existing obstruction. in this view of the matter, after examining the provision of the rajasthan municipalities act, 1969, he came to the conclusion that there was no substance in the writ petition submitted by hiralal and dismissed the same. hiralal comes in special appeal .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-14-1973
Reported in : 1973(6)WLN839
J.P. Jain, J.1. Sawa and four others have filed this revision application challenging the order dated 11-4-1972 of the Sessions Judge, Pali, by which he ordered the prosecution of the petitioners for hiving committed perjury in criminal sessions case No. 29/1971 State v. Birsingh decided on 1-2-1972 by him. Mst. Daapu was the wife of one Jugti Dan Jugtidan was murdered. His widow Mst. Dhapi and her suspected paramour Roop Singh were tried for the murder of Jugti Dan but they were ultimately acquitted Mst. Dhapu remarried Roop Singh After some time Roop Singh was also murdered by some person who could not be traced by the police and his murder remained unpunished Some time in July, 1971 Mst. Dhapu was also found kilted in the field of her second husband Roop Singh For the murder of Mst. Dhapu Bar Singh was tried by the learned Sessions Judge, Pali and it was this case which was registered as sessions case No 29/1971. Ber Singh was acquitted on 1-2-1972. In this case petitioners Sawa,Pem...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-25-1973
Reported in : 1973(6)WLN871
..... . whereas smt. niji bai may have no claims for maintenance on the property belonging to onkar, she would according to section 18 of the hindu maintenance and adoptions act, 1956 be entitled to get maintenance from the property of her husband. it is understandable that the daughters of deceased onkar would agree to smt. niji bai having ..... of rent she could not be entitled to ask for the tenant's eviction. in elaborating his argument learned counsel pointed out that in section 13 of the act several grounds of eviction were peculiar to a landlord who was having the property for himself in contradistinction to such of the landlords who might come within the enlarged ..... that landlord who sues for eviction and it will be the requirement of that landlord which will have to be established an agent, trustee, guardian or receiver who act for others may not be entitled to seek eviction on account of their own personal needs even though such persons fall under the definition of the term 'landlord'', .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-28-1973
Reported in : 1973(6)WLN877
..... evidence in the case to show that the original subscriber took any steps to cancel the original nomination as contemplated by the section: (section 5(1) of the provident fund act). not only that, in the plaint, there was no definite statement that the nomination made by the subscriber in his declaration was varied by another nomination as contemplated by this .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-12-1973
Reported in : 1973(6)WLN25
..... unauthorised or illegal deductions in the above paragraph mean when read in the above context deductions which are not authorised or justified by section 7 of the payment of wages act.22. learned counsel for mathuradas also relied on the following observations made in para (9):(9) he, however, invited our attention to the fact that in the ..... has not been acquitted honorably, his period of suspension will be treated as non-duty and will remain as suspension period.17. section 7 of the payment of wages act enumerates deductions which may be made from wages. these are authorised deductions. other deductions are unauthorissed. section 7(2)(h) runs as follows:deductions required to be made ..... the judgment of the criminal court was in a case under section 323, indian penal code, which had nothing to do with the official duty or the official acts of the respondent and that before passing the order about the pay, which was to be given during the period of suspension, the works manager did not give a .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-21-1973
Reported in : 1973(6)WLN194
..... others. even amongst the government servants under the defence department there are two sub categorises; those belonging to the armed forces who are governed by the army act, air force act and navy act as the cue may be and those who arc not so governed. the former will be having a rank in the force but the civilians under the ..... defence department would be discharging duties akin to civilians elsewhere and will not be governed by the army act, air force act or the navy act as they will not be having any rank in the forces. for the service conditions of such civilian employees of the air force, the president has ..... rules merely instructions such law when made has to be complied with by the authorities created under the rules and if they fail to comply with the rules or act in breach thereof then their action is undoubtedly open to judicial review and sach authorities cannot rightly take sheller behind the plea that the concerned servant was an .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-24-1973
Reported in : 1973(6)WLN303
..... respondents have taken the plea that the defence laboratory was not an industry and that the petitioner was not a workman within the meaning of the act. they have also stated that they have retrenched the petitioner in accordance with the army instructions which governed retrenchment in defence establishments as they formed part ..... the petitioners conditions of employment.4. in support of his argument that the defence laboratory was an 'industry' within the meaning of section 2(j) of the act, the petitioner's learned counsel has placed reliance on the decisions in baroda borough municipality v. its workmen and ors. : (1957)illj8sc , ahmedabad textile industry' ..... cited by mr. ganpat singh. stated briefly, their lordships have declared the law relating to the definition of 'industry' in section 2(j) of the act as follows,--(1) every case of employment is not necessarily productive of an industry, for domestic employment, administrative services of public officials, etc. cannot be regarded .....
Tag this Judgment!Court : Rajasthan
Decided on : May-07-1973
Reported in : 1973(6)WLN587
..... totality of the circumstances placed on the record, there is no escape from conclusion that the power under sub-section (2) of section 40 of the act was misused by the government with a malafide intention to humiliate the petitioner.28. for the reasons mentioned above, the writ petition is allowed. the order ..... of law' always operates through the instrumentality of the court and ensures that the persone in power do not, while executing the approved policies of the legislature, act arbitrarily injuring the individual in life, liberty, property or reputation. the expression 'rule of law' primarily implies that the life, liberty property and reputation of the ..... and initiated the enquiry against the petitioner and while exercising its power under sub section (21 of section 40 of the rajasthan pancnayat samitis and zila parishads act, 1959, the petitioner was suspended. mr. raj narain in these circumstances strenuously argues that no illegality has been committed by the state government in taking .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-01-1973
Reported in : 1973(6)WLN709
..... the benefit of doubt to the accused-appellant as far as the question of murdering a child goes and we cannot in these circumstances hold her responsible for committing an act which comes within the purview of section 302 indian penal code.14. now (here remains the question whether the prosecution has successfully established a case against the appellant under section ..... not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.13. from these observations it is clear that the court should pass a verdict of guilt against the accused on the basis of .....
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