Judgment Search Results Home > Cases Phrase: the code of civil procedure kerala amendment act 1957 Court: rajasthan Page 4 of about 94 results (0.172 seconds)

Kartar Singh Vs. Board of Revenue and ors.

Court : Rajasthan

..... therefore, it is true that after amendment in the code of civil procedure, whereby jurisdiction of the high court under section 115 was narrowed down, the matter was to be examined whether special appeal is maintainable in those matters where interlocutory orders passed by the trial courts were challenged before the learned single judge but it was not open for the division bench to assess the validity of the two full bench judgments, in which, it has been held that special appeal is maintainable. ..... the said writ petition was preferred under articles 226 and 227 of the constitution of india because earlier before the amendment in the code of civil procedure, orders of civil courts could have been challenged under section 115 of the code of civil procedure by way of revision application before the high court. ..... the right to the intracourt appeal in the high court of judicature for rajasthan, and the jurisdiction of the division bench to hear the appeal against the judgment of the learned single judge of this court as was vested under article 225 of the constitution and later on conferred under s.52 of the state reorganisation act, 1956 and the rajasthan high court rules therefore, was not affected or abrogated by the repeal of the rajasthan high court ordinance, 1949 which had long ceased to be governing statute in respect of subjects dealt with under ..... : air 1961 kerala 9625. ..... : air 1957 all. .....

Badridass Kanhaiyalal and anr. Vs. Appellate Tribunal of State Transpo ...

Court : Rajasthan

Reported in : AIR1960Raj105

..... chairman of the appellate authority in pursuance of rule 76 read with rule 108 of the rules made by the government under the act, and the said rule became inconsistent with section 44(2) of the act when the amendment act came into force on the 16th february, 1957.we shall presently examine this contention of the petitioners but so far as the preliminary objection is concerned the contention of the petitioners goes to the root of the jurisdiction of the appellate authority rendering its decision a nullity. ..... the board and the objection on the score of jurisdiction was raised for the first time before the high court.the learned judges of kerala high court, alter discussing the case law on the point, held that this was not a case of inherent want of jurisdiction in the lower court and the petitioner not having raised the objection before was not entitled to take it in proceedings for grant of a writ of certiorari specially when the facts forming the basis of the objection relating to jurisdiction were within the knowledge of the ..... prescribed forms of procedure are not necessary to make an inquiry judicial, provided in coming to the decision the well-recognised principles of approach are required to be followed. ..... we are, therefore, of the opinion that a person who has acted as a judge or magistrate in a civil or criminal court of law and has gained experience in that capacity in a reasonable measure alone is qualified for appointment as a chairman of the s.t.a. or r.t.a. .....

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

..... union of india through the general manager etc, air 1965 patna 53, where the provisions of section 20, civil procedure code, came up for consideration. ..... 295 wherein it was held that the high court of bombay could not grant any claim against the state of madhya pradesh even after the amendment of article 226 by constitution (fifteenth amendment) act inasmuch as no cause of action to claim increase given by m.p. ..... :-'but even though the concept of 'cause of action' has been adopted by the amendment of 1963, notwithstanding that the government or authority is located outside the territories of the state, i am of the opinion that the amendment has not done away with the first limitation enunciated in the election commission case and has not done away with the inherent limitation of the writ that it cannot be enforced against a person or authority who is not amenable to its jurisdiction-not being physically present within the territorial jurisdiction of the high court....'8. ..... for the purpose of showing whether there has been change in respect of the territorial jurisdiction after the amendment of article 226 by the constitution (fifteenth amendment) act, 1963, learned counsel for the respondents referred to shankar jayaram and anr. v. ..... the same view was reiterated by their lordships of the supreme court in the state of kerala v. ..... , air 1957 all. .....

Mangalam Cement Ltd. and Etc. Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1987Raj186; 1987(2)WLN643

..... moopil nair (supra) the supreme court in para 10 held that the travancore-cochin land tax act as amended by act 10 of 1957 is confiscatory. ..... state of orissa (air 1983 orissa 210) (fb) (supra) almost a similar controversy was involved and it was contended that the act is beyond the legislative competence of the state legislature, in my opinion, a perusal of the various provisions of the act will show that the main pith and substance of the act is to levy tax on the land as defined under section 2(g) of the state act and the purpose of the act is not the regulations of mines and mineral developments. ..... 54 of the union list-i of the viith schedule to the constitution; that the state act does not in letter or spirit impose tax on the land, and what is being taxed is not the land and in the garb of tax on the land dead rent and royalty on the minerals excavated is being charged; it creates hostile discrimination between various mine owners similarly situated; it is arbitrary and unreasonable; that the procedure provided in the state act for provisional assessment is in violation of principles of natural justice.2. ..... air 1980 sc 271 besides holding that kerala buildings tax act (7 of 1975) was within the competence of the state legislature, it was also held that the method for determining the capital value of a building on the basis of its annual value is not hypothetical and arbitrary. mr. ..... civil writ petition no. ..... civil writ petition no. .....

Shiv Ram Vs. Shiv Charan Singh

Court : Rajasthan

Reported in : AIR1964Raj126

..... of having committed a corrupt practice or any other offence in connection with elections (see section 16 of the act of 1950), or whether he has completed 25 years of age on the date of the scrutiny of nomination papers; and objections of this nature can be raised even before the returning officer.it may be of interest to mention here that as section 36(7) stood before it was amended in 1956, the production of any certified copy of an entry made in an electoral roll of any constituency was to be ..... the conclusion, therefore, to which wecome is that there is nothing in section 36(7) of the act of 1951 or section 30 of the act of 1950 or in any other provisions of the said acts which compels us to hold that the age of the appellant as mentioned in the electoral roll of 1957 or of 1959 should be accepted to be conclusive at an election dispute where it is challenged that the said candidate was not qualified to stand at the election because he lacked one of the essential conditions provided under article 173 of the constitution, or, in other words, that he was less than 25 years of age at the ..... the inclusion of the name of the candidate was illegal but under section 30 of the representation of the people act, 1950, no civil court had jurisdiction to question the legality of any action taken by or under the authority of the electoral registration officer and consequently the question could not be agitated before the munsiff in whose court the election petition had been filed or before the .....

Sanwal Ram and Etc. Vs. Additional District Magistrate, Sri Ganganagar ...

Court : Rajasthan

Reported in : AIR1982Raj139

..... the question was considered in the light of the amending act independent of the parent act, but if the provisions of the amending act if read as part of the parent act then the provisions would become the part of the law providing for acquisition of property. ..... strictly judicial proceedings are confined to courts where there is lis inter partes and where the settled rules of procedure and evidence are followed and where the rights and liabilities of the contesting parties are adjudicated in accordance with the pre-existing law, and the application of law to the facts found. ..... 's case (air 1961 sc 1669) (supra), the appellate power was vested in the central government under section 111 of the companies act, 1956, which was a judicial power of the state to adjudicate upon rights of the parties in civil matters when there is a lis between the contesting parties. ..... 1957, air 1958 sc 956 it has been observed that it has been laid down in more decisions than one, namely that discretionary power is not necessarily a discriminatory power and the abuse of power by the government will not be lightly assumed.61. ..... ' ' in re the kerala education bill. .....

Commissioner of Wealth-tax Vs. Maharaja Shri Devi Singhji of Jodhpur

Court : Rajasthan

Reported in : [1985]155ITR333(Raj); 1983()WLN732

..... in the first case, their lordships were pleased to observe that as regards the jurisdiction of the iac to pass the order of penalty, in view of the amendment to section 274 by the amendment act, it is well-settled law that every litigant has a vested right in the procedural law, so far as substance is concerned. ..... the procedure provided in the amended provisions of section 18(1)(a) of the act had retrospective effect and was applicable to the proceedings for imposition of penalty which were initiated after the amending act came into force.38. ..... singhvi's contention is that the amount of penalty to be imposed is to be computed as per provisions in force prior to the amendment act and the procedure for referring the case to the iac should also be followed.31. ..... the question before us is regarding the procedure to be followed in initiating penalty proceedings subsequent to the amendment act.30. mr. ..... in view of that principle, their lordships were pleased to hold that the iac, whose power was affected by the amendment act, would continue to have the jurisdiction in matters which were then pending before him, since the amendment act of 1970, neither in express words nor by implication, had indicated that the jurisdiction of the iac, even in pending matters, that is, matters which were already referred to him, was to be affected.20. ..... act, 1957 (e.g. ..... act, 1957 (hereinafter to be referred as 'the act') :'1. .....

Om Prakash and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1996WLC(Raj)UC136; 1995(2)WLN67

..... charged does not admit the genuineness of such a document and wishes to cross examine the witness who is purported to have signed it.copies of the exhibits may be given to the party charged on demand except in the case of voluminious documents, where the party charged may be allowed to inspect the same in the presence of inquiry officer and take notes.153.14 unless specifically mentioned in these rules, the provisions of the code of criminal procedure, 1973 and the indian evidence act, 1872 shall not apply to the departmental proceedings under these ..... thus, it is clear that by the railway protection force amendment act, 1985, major changes have been brought in the railway protection force act, 1957 and the railway protection force has now been categorised as an armed force of the union. ..... secondly it cannot be said that the discretion vested in the authorities whether to take action against an erring member of the gref under central civil services (classification, control and appeal) rules, 1965 or under the army act and the army rules is unguided or uncanalised.in any event the provisions of the army act and the army rules as applied to the members of the gref are protected by article 33 against invalidation on the ground of violation of article 14.in view of what we have discussed hereinabove, we are firmly of the view that fundamental rights can be restricted .....

Jagrup Singh Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1993Raj157; 1993(2)WLC605

..... covered by a notification under section 4, sub-section (1), --(i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 (1 of 1967), but before the commencement of land acquisition (amendment) act, 1984, shall be made from the date of publication of notification; or(ii) published after the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of one year from the date of publication of the notification: provided further that no such declaration shall be made unless the compensation to be awarded for such properly is to be paid by a company, or wholly ..... while considering the act, as amended by the act of 1967, the apex court held (paras 25 and 26):'it is clear from the provisions set out above that the object of the notification under section 6 is to ensure that the government is satisfied, after an enquiry at which parties concerned are heard, that the land under consideration is really needed for a public purpose and that the declaration is to operate as conclusive evidence to show that this is so the coclusiveness of this declaration cannot be questioned anywhere if the procedure dealing with its making has been observed. ..... state of kerala, air 1992 kerala 158 and on shivgonda balgonda patil v. ..... paramnidhi sadhu khan, air 1957 sc 907].28. ..... civil writ petition no. ..... civil writ petition no. ..... civil writ petition no. .....

NaraIn Prasad Vs. the State of Rajasthan and anr.

Court : Rajasthan

Reported in : AIR1978Raj162; 1978CriLJ1445; 1977WLN(UC)540

..... relevant portion of section 10 of the act, which defines the powers of the food inspector, as it stood prior to the amendment act no. ..... the prevention under section 16 must, therefore, necessarily imply the doing of some act on the part of the dealer which may make it impossible for the food inspector to obtain the sample in exercise of his power under section 10(1) of the act the dealer may prevent a sample being taken by destroying or otherwise making non-available the article of food itself or by making it impossible for the food inspector to take the sample by creating hindrance in his way. ..... package in which any article of food may be contained or to break open the door of any premises where any article of food may be kept for sale: provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called upon to do so: provided further that the food inspector shall, in exercising the powers of entry upon and inspection of any place under this ..... section 11 prescribes the procedure to be followed by the food inspector while taking sample. ..... the food inspector is also authorised to exercise powers of a police officer under section 57 of the code i. e. ..... state, air 1957 punj 99: (1957 cri lj 656) where the accused refused to give sample even on payment, kapur j. .....