Court : Rajasthan
Reported in : 1969WLN395
..... contracted another marriage and mst. kalawati is not treating the children loving and effectionately, the application filed by taru ram, under section 25 of the guardians and wards act, 1890, should have been dismissed and no order should have been passed that the minors should be made over to taru ram. learned counsel for the opposite side ..... the impugned order of the court below.5. it is an admitted position that mst. kamla has already been married. under section 6 of the hindu minority and guardianship act, 1956, her husband became the lawful guardian of his minor wife. there remains, therefore, no question of the delivery of the custody of mst. kamala to the ..... in bairam mandal v. rajani mandal in : air1964pat505 . in that case, it was pointed out that in appointing a guardian for a minor under the guardians and wards act, 1890, interest and welfare of the minor is the first and main consideration and in such consideration the court should have regard 1o the age, sex and religion. if .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN846
..... harmful to its health, but supplying such adulterated foodstuff would not be prejudicing the maintenance of supplies. the act does not speak of profiteering, much less profiteering at the expense of the health of the community.we have given our earnest consideration to the aforesaid observations ..... not think that the words 'maintenance of supplies & services essential to the community' could reasonably carry the meaning that any one who adulterated foodstuffs would be acting in a manner prejudicial to the maintenance of supplies or the continuity of supplies. it is true that adulterated food-stuff supplied to the community may be ..... the central government or the state government may,(a) if satisfied with respect to any person (including a foreign ner) that with a view to preventing him from acting in any manner prejudicial to --(i) ...(ii) ...(iii) the maintenance of supplies and services essential to the corrmunity,(b) ...it is necessary so to do .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)42
..... vith those statements in case it made a statement contrary to those admissions. the purpose of (sic) tradicting the witness under section 145 of the evidence act is very much different from the purpose of proving the admission. admission is substantive evidence of the fact admitted while a previous statement used to contradict a ..... court laid down the law, on this point, as under:admissions are substantive evidence by themselves, in view of sections 17 & 21 of the indian evidence act, though they are not conclusive proof of the matters admitted. we are of opinion that the admissions duly proved are admissible evidence irrespective of whether the party making ..... mangilal, pw8 purnanand and pw6 harakchand. however, he found pw1 vidhya prakash and pw6 harak chand unreliable. on the basis of the above findings the hon'ble acting chief justice dismissed the appeal by his judgment and decree dated october 23, 1975. hence this special appeal.4. learned counsel, appearing on behalf of the appellants, .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj1; 1977()WLN159
..... open to the courts to adopt another hypothetical construction on the ground that such a hypothetical construction is more consistent with the alleged object and policy of the act.8. the words used in the material provisions of the statute must be interpreted in the plain grammatical meaning. when such words are capable of two ..... .6. mr. lodha, learned counsel for the respondent, has supported the judgment of the first appellate court. he has con-tended that section 13 of the act deals with the general restrictions against the eviction of a tenant and as they were not found to be sufficient, special restrictions on eviction were introduced by amending ..... ble s. n. modi j., in prabhashanker's case (supra) in making the following observations.-'section 26 of the rajasthan premises (control of rent and eviction) act has not been deleted and retains itself. it restricts the execution of decree for eviction against the tenant from any premises etc. passed before the date of commencement .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1984Raj50
..... , city jaipur passed a decree of eviction on the ground of bona fide and reasonable necessity under the provisions of the rajasthan premises (control of rent and eviction) act, 1950. the defendants contested the suit and six issues were framed. evidence was recorded by the trial court and after recording of the evidence the trial court in a ..... in which it was held that the court should consider the requirement of the landlord under section 14 (2) of the rajasthan premises (control of rent and eviction) act with a view to find out whether partial eviction would be sufficient. 9. we have not been able to appreciate the relevancy of the above citations before us, because ..... withdrawal of the appeal. 15. after a finding has been recorded by the trial court under section 13 of the rajasthan premises (control of rent and eviction; act, holding that the landlord-plaintiff is in bona fide requirement of the premises for his own use and that greater hardship would be caused to him if the premises .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN18
..... another case where evidence has been let in and decision is given by the court on merits.the court further compared the provisions of the karnataka rent control act and the statutes relating to material rights under which divorce or judicial separation cannot be granted merely because the opposite party consents for such a decree and came ..... the opportunity of applying its mind to the ground or there must be an admission of the fundamental fact entitling the plaintiff to a decree in accordance with the act in force, in the compromise itself. the latter cases, on the other hand, ate those in which the compromise itself showed that the defendant admitted the plaintiff ..... ejectment merely on the basis of the compromise without satisfying itself whether the plaintiffs' case for ejectment falls under any of the clauses of section 13 of the act and unless the court was no satisfied, it could not have granted a decree for ejectment. the decree was, therefore, a nullity and objection to its execution .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN360
..... their conditions of service on the ground of similarity between the two types of benefits.10. their lordships have considered that the benefits which are available under the esi act should be given a wider interpretation for the benefit of the workers, and the definition which is beneficial for the downtrodden sector of the society should be ..... in dispute was whether the canteen and cycle stand is covered under section 2(9) of the esi act or not the second point in dispute was whether the labourers engaged for the construction work of the building or other ancillary parts are covered by the provisions ..... decision of the employees state insurance court, ajmer dated 7th april, 1983, in esi case no. 6 of 1978, under section 75 of the employees state insurance act.2. the petition so preferred before the esi court is against the demand which was raised against the appellant by the regional director, esi, jaipur. the first point .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(1)WLN289
..... the form of brick walls on both the sides of the verandha tantamounts to a construction which materially alters the premises as required by section 13(1)(c) of the act.23. the next question which is still much more important is whether in the absence of a specific pleading of material alteration a decree granted by the two courts below ..... into two shops instead of one shop is an alteration which materially alters the premises as contemplated by sub-clause (c) of sub-section (1) of section 13 of the act.18. mr. tikku relied upon raghu nath singh's case (supra), reference and discussion above which has already been given in my judgment in badri narain tak's case (supra ..... in execution of a decree or other-wise evicting the tenant so long as he is ready and, willing to pay rent therefor to the full extent allowable by this act, unless it is satisfied:(b) that the tenant has wilfully caused or permitted to be caused substantial damage to the premises; or7. contrary to it both the lower courts .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN539
..... calling the whole record of this case and considering the same, gave its opinion on 4th april, 1985 for taking further action of detention under the act by the home department and all matters pertaining to confessional statements, retraction of confessional statements, bail application, court orders and all other record were placed before ..... be regarded in a different light and conceivably afford justification for reaching a satisfaction that such individual may be detained in order to prevent him from acting in a prejudicial manner. after referring to the affidavit filed by the detaining authority the supreme court observed that there was nothing in the said affidavit ..... calling the whole record of this case and considering the same, gave its opinion on 4th april 1985 for taking further action of detention under the act by the home department. in the said affidavit it has been further stated that all matters pertaining to confessional statements, retraction of confessional statements, bail .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN220
..... by authority having no jurisdiction--criminal application no. 218 of 1980 dated 25-11-1980 (guj). reversed--(conservation of foreign exchange and prevention of smuggling activities act (52 of 1974) section 3.in our opinion the aforesaid submission of the ld. counsel cannot be accepted. on entire perusal of the decision in ..... supplied to detenue--detention is illegal--reversed--(conservation of foreign exchange and prevention of smuggling activities act (52 of 1974) section. 3).whether the documents concerned are referred to, relied upon or taken into consideration by the detaining authority they have ..... rejects the plea cr. appl. no. 218 of 1980, dated 25-11-1980 (guj) reversed. [conservation of foreign exchange and prevention of smuggling activities act (52 of 1974) section 3].constitution of india, article 22(5), preventive detention--ground--documents referred in ground not examined by detaining authority nor their copies .....
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