Court : Rajasthan
Reported in : AIR1972Raj9
..... but if any party to the litigation can prove circumstances which would show that the physical act of giving and taking could not have been performed as recited in the deed of adoption, then it would be for the party setting up the adoption to prove by positive evidence that the physical act of giving and taking did take place. ..... their lordships relying upon the decision of the allahabad high court in (1904) ilr 26 all 472 (supra) also held:'the efficacy of the nitya dwyamushyayana would depend upon the stipulation entered into at the time of his adoption and not upon the performance of the initiatory ceremonies such as chuda and upanayana as in the case of incomplete or anitya dwvamushvavana. ..... a contention was raised in that case that as none of the initiatory ceremonies were performed by the natural father of raehunandan prasad, his connection with his natural family was severed, save that he continued to be the son of his natural father for the purpose of inheriting his property and performing his obsequies and that in other respects the relations with his own family were severed, and that he could not transmit the property which he might inherit from his natural father ..... 1965 corresponding to 24th april. ..... 1965 although a division of immovable property took place in smt. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN186
..... in the light of the principles enunciated in the cases and the meanings assigned to the word 'entertainment' in the various books referred to above, and having regard to the preamble of the act, we have no hesitation in coming to the conclusion that to bring an exhibition into the definition of 'entertainment' a continuous process of performance may not be necessary but it is essential that the exhibition should be displayed with a view to provide amusement or gratification of any kind to the visitors and the fact that some persons might derive subjective gratification from exhibition, though ..... there it has been stated 'an entertainment to come within the provisions of the finance (new duties) act, 1916 (repealed) must be some 'exhibition, performance, amusement, game or sport' provided, though not necessarily by the owner of the place of entertainment, for the purpose of entertaining those who pay to see or ..... , we cannot ignore the following observations in the case : [1965]3scr71 relied upon by the additional advocate general-but as the high court chose to entertain the petition, we are not inclined to dismiss the petition on this ground at this stage.we are also of the opinion that in the present case there is no dispute of facts and the questions requiring determination relate to the interpretation of the statutory provisions we, therefore, over ruled the preliminary objection and proceeded to hear the appeal on merits.9. ..... , it includes cinema shows, dramatic performance, etc. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)442
..... : [1964]1scr656 , the question for determination was whether the chief commissioner of pondicherry acting as quasi-judicial appellate authority under the motor vehicle act at a time when pondicherry was not within the territory of india was or was not 'local or other authority within the territory of india or under the control of the government of india. ..... the accounts of the society are separately maintained and subject to audit in the same way as the affairs of societies receiving government grants are to be audited....we have several cases of societies registered under societies registration act which have been treated as 'state', but, in each of those cases, it would appear on analysis that either governmental business has been undertaken by the society or what was expected to be the public obligation of the 'state' had been undertaken to be performed as a part of the society's function. ..... income-tax officer, special circle, o-ward, kanpur : [1965]57itr349(sc) .61. ..... johns (1965(1) ch.2), wherein, willmer, l.j. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(3)WLC205; 1992WLN(UC)360
..... it appears from annexure-8, dated 31st july,'89, issued by the principal of the college that the governing body of the college, in its meeting, held on 29th july,'89, had assessed the performance of the petitioner during the probationary period, and had found it to be quite unsatisfactoiy. ..... also invested with the power to declare invalid the act or a statutory body, if by doing the act, the body has posed by statute, even if by making the declaration the body is compelled to do something which it does not desire to do.an order of determination of employment which is not of the nature of an order of dismissal, has, by virtue of the rules framed under clause (d) of section 84 to be exercised consistently with rule 3-a, and an order of dismissal involving punishment must be exercised consistently with the rule or regulation framed under the notification dated march 25, 1946 under ..... chief commissioner, pondicherry and anr. ..... with the establishment of the meerut university in the year 1965, the college got affiliated to meerut university. ..... income-tax officer, special circle, d-ward, kanpur : [1965]57itr349(sc) .20. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj334; 1999(3)WLC645; 1999(1)WLN552
..... the unscrupulous persons, whoapproach the writ court with oblique motive to achieve an ulterior object, should not be permitted to abuse the process of the court, for the writ court acts as the custodian of the constitution and performs the solemn duty 'to maintain the social balance by interfering where necessary for the sake of justice and refusing to interfere where it is against the social interest and public good' as the equity is always known to prevent the law from crafty evasions and subleties inviting to invade the law. ..... than one dwelling house on it; (c) the licencee shall erect the building and complete the same within a period of three years and obtain the completion certificate from the trust; (d) the building so erected shall be used solely for the boarding house; (e) the licencee shall not transfer or assign the licence, or the benefit thereof, or execute any instrument purporting to do so; (f) in the event of breach, non-performance or non-observance of any of the foregoing conditions, the licensor shall be entitled to revoke and determine the licence thereby granted and re-enter ..... rawat ram, air 1965 raj 180, were not taken into consideration, wherein it has categorically been held that the municipal board, in exercise of its power under section 203 of the said act, can remove the encroachment or obstruction from public land.25. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC419; 2003(1)WLN255
..... as local law within the definition of sections 41 and 42, penal code and as such the application of section 64, ipc, cannot ordinarily be ruled out to the offences under the rajasthan municipalities act, but in view of the special provision in section 265(2) of the act which provides a special mode for the recovery of fine imposed under the act section 64, ipc, which deals with the power of the criminal court, for awarding sentence of imprisonment in lieu of the fine, cannot apply to the cases where fine is imposed under the rajasthan municipalities act (1959).41. ..... alleged contraband articles were seized by the personnel belonging top the customs and central excise departments under the provisions of the customs act, 1962, the disposal of the properties so seized is permissible only under the machinery provided therein and not otherwise and the criminal court therefore has no jurisdiction or requisite power either to order for interim custody of such seized articles pending inquiry or trial or for the return of the same after the conclusion of the trial to the person, from whom they were seized ..... the further plea that the impugned provisions tantamounts to interference with the rights of the petitioners to carry on his trade or business inside the union territory of pondicherry has no basis in law or meaning. ..... 'karnataka excise act, 1965: 43a. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(1)Raj809
..... him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully within his right to discharge the accused.4) that in exercising his jurisdiction under section 227 of the code, the judge, who under the present code is a senior and experienced court, cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities appearing ..... - it is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.seventh exception - censure passed in good faith by person having lawful authority over another. ..... but in a dramatic situation, when an actor speaks out a dialogue according to the script and under a direction, the actor can not be said to be speaking in his own capacity. ..... (1965) 2 scr 828.16. .....
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