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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Court: rajasthan Year: 1970 Page 1 of about 2 results (0.252 seconds)

Mar 16 1970 (HC)

Jaipur Metal and Electrical Ltd. Vs. Ambey Prasad

Court : Rajasthan

Decided on : Mar-16-1970

Reported in : 1970WLN755

..... of an appeal is of no consequence. the doctrine of lis pendens contained in section 52 of the transfer of property act is fully applicable in the present suit. the facts in shah bhojraj kuverji ..... .b. civil regular second appeal no. 331 of 1965 decided on 22nd november, 1965) and the decision of another learned single judge in chunnilal v. vaspujaiji maharaj 1966 rlw 2854. having heard learned counsel for the parties we are of the opinion that the view taken by the learned single judge is correct. we proceed to give our reasons briefly along with ..... oil mills and ginning factory v. subhash chandra yograj singh : [1962]2scr159 are distinguishable. in the last portion of the definition the words 'otherwise than under the provisions of the act' qualify the words' termination of a tenancy in his favour'.7. the second contention on behalf of the appellant is that section 13a is not applicable to a case where ..... ors. : [1964]4scr892 . the third argument is that he does not come under the last portion of the definition as he is not continuing in possession.6. in our opinion, none of these arguments has any force. a suit is decided on the basis of rights of the parties on the date of the suit and, therefore, the dispossession during the pendency .....

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Oct 21 1970 (HC)

B. Gopal Das, Bombay and ors. Vs. Kota Straw Board (P) Ltd., Kota

Court : Rajasthan

Decided on : Oct-21-1970

Reported in : AIR1971Raj258

..... to arbitration, it will be submitted to arbitration. that agreement therefore fell squarely within the definition of 'arbitration agreement' contained in section 2(a) of the arbitration act so that the case is clearly distinguishable. 10. as i have taken the view that there is no arbitration agreement between the parties, the application of the respondent company under section 34 of the arbitration ..... any dispute arising between us, the matter may bereferred to arbitration mutually agreed upon and acceptable by you and us.'5. the question is whether this paragraph is an 'arbitration agreement' within the meaning of clause (a) of section 2 of the arbitration act? that clause defines 'arbitration agreement' as follows,-- '(a) 'arbitration agreement' means a written agreement to submit present ..... clause of the agreement relied upon by the respondent company does not amount to an arbitration agreement on any construction thereof. 9. mr. garg has cited chhabildas nandlal and co. v. damodar khetsey & co., air 1943 bom 199 in which the word 'may' has been used in the relevant clause, and has argued that a similar construction should be ..... arbitration agreement because of its deletion. this view finds support from the observations made by their lordships of the supreme court in societe de traction et d' electricite societe anonyme v. kamani engineering co. ltd., 1963-2 scj 509 = (air 1964 sc 558).4. having put aside this argument of mr. lodha, i shall proceed to examine whether there .....

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Oct 21 1970 (HC)

Kota Straw Boards (P) Ltd. and ors. Vs. B. Gopaldas and ors.

Court : Rajasthan

Decided on : Oct-21-1970

Reported in : 1970WLN572

..... to arbitration, it will be submitted to arbitration. the agreement therefore fill squarely within the definition of 'arbitration agreement' contained in section 2(a) of the arbitraction act so that the case is clearly distinguishable.10. as i have taken the view that there is no arbitration agreement between the parties, the application of the respondent company under section 34 of the arbitration ..... dispute arising between us, the matter may be referred to arbitration mutually agreed upon and acceptable by you and us.5. the question is whether this paragraph is an 'arbitration agreement' within the meaning of clause (a) of section 2 of the arbitration act 7 that clause defines 'arbitration agreement' as follows,--(a) 'arbitration agreement' means a written agreement to submit ..... clause of the agreement relied upon by the respondent company does not amount to an arbitration agreement on any construction thereof.9. mr. garg has cited chhabildas nandlal & go. v damodar khetsey and co. air 1943 bom 199 in which the word 'may' has been used in the relevant clause, and has argued that a similar construction should be ..... an arbitration agreement because its deletion, this view finds support from the observations made by their lordships of the supreme court in society do traction et d' electricits societe anonyme v. kamani engineering company ltd. (1).4. having put aside argument of mr. lodha, i shall proceed to examine whether there was an arbitration agreement in the present case. .....

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Aug 28 1970 (HC)

Umrao Chand and ors. Vs. Inder Chand and ors.

Court : Rajasthan

Decided on : Aug-28-1970

Reported in : 1970WLN494

..... property on 31.7.34 between the three brothers is proved, then it would be an uphill task for the plaintiffs to explain why the parties entered into another agreement of partition in 1940. proof of partition in 1934 on the other hand would go a long way to support defendant's version that it was done to defeat inderchand's creditor.14 ..... the fraudulent plan to which the three brothers had agreed. the document was executed with their mutual consent in order to defraud of creditor inderchand. the parties knew well that the property had already been partitioned between them in 1934 and that they executed another sham document to defraud the creditor of inderchand. in such circumstances, the plaintiff must be held to ..... under the law then in force in jodhpur state.31. learned counsel for the respondents however rightly argues that the factum of partition can be proved by other evidence even though the deed of partition is inadmissible in evidence for want of registration and section 91 of the evidence act is no bar to the reception of such other evidence. see tejraj v. mohan lal ilr v ..... brothers in regard to schedule a property. these letters shall be discussed subsequently at the appropriate stage. but nothing tangible came out of the negatiations and the differences between the parties remained uncomposed. the plaintiff then on 11.6.54 served the notice of ejectment on inderchand.13. the most important point on which largely the decision of this appeal rests .....

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Apr 18 1970 (HC)

Smt. Chandra Mani Vs. Gopi Vallabh and ors.

Court : Rajasthan

Decided on : Apr-18-1970

Reported in : 1970WLN313

..... was allowed by the trial court. in such facts and circumstances, there is no reason why it should not be presumed under section 79 read with illustration (e) of section 114 of the evidence act that the certified copy which was on the record of the 'patta' case was a genuine document. i had occasion to ..... when it was not raised in the courts below for their consideration. if any such plea had been taken, it would have been open to the other party to take an appropriate defence, and then the matter would have been tried and decided. thus, for instance, it would have been permissible for the plaintiff ..... amount to a sale. so when there is nothing in the written statement to justify the argument that ex. a. 3 was valid contract between the parties the point cannot be allowed to be raised and considered in this court. the question whether any particular transaction amounts to a valid contract, is essentially ..... were a charge on the house.4. eight issues were framed in the trial court to cover the points in controversy between, the parties. defendant mangilal died during the course of the trial and his daughter smt. chandramani, the present appellant, was brought on the record as his legal representative ..... of partition or the manner of the devolution. i am therefore not persuaded that this is a case in which a presumption of jointness should be drawn simply because the sons of roopram were once the members of a joint hindu family. it has been held in yellappa ramappa naik and ors. v. tipanna .....

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Jan 12 1970 (HC)

Satish Chander Sharma Vs. the University of Rajasthan and ors.

Court : Rajasthan

Decided on : Jan-12-1970

Reported in : AIR1970Raj184; 1970(3)WLN124

..... these two bodies of the university, namely, the senate and the syndicate as given in sections 18 and 21 of the act clearly gives representation in these bodies to the registered graduates. under clause (vi) of section 21 of the act, one of the members to be elected out of the two from the senate to ..... 763, where it was argued that no relief could be granted under section 45 of the specific relief act as neither the syndicate nor its membership fulfilled the character of persons holding a public office. relying on henley v. mayor of lyme, (1828) 5 bing 91, their lordships of the madras high. court held that ..... with the observations of the learned chief justice and am of the view that the registered graduates cannot be said to be non-interesting party to the functioning of the university of which syndicate is a very important body.15. it is next urged by mr. bhargava that ..... that no dean shall be nominated for two successive terms, (iii) the director of college education,(iv) three educationists to be nominated by the chancellor,(v) two university professors nominated by the vice-chancellor : provided that no university professor shall be nominated for two successive terms, (vi) two members of the ..... a public office, for every person must necessarily have an interest in matters which concern the public government.'13. in dr. s. c. barat v. hari vinayak pataskar, air 1962 madh pra 180, a challenge was thrown to the order of appointment of the vice-chancellor of the jabalpur university .....

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May 11 1970 (HC)

Mangla Ram Vs. Paras Ram and ors.

Court : Rajasthan

Decided on : May-11-1970

Reported in : 1970WLN491

..... were of opinion that time had to be calculated from from the date of the original decree, we could in a proper case excuse delay under section 5, limitation act. we do however, wish to express our opinion that in a case of this kind where the appellant does not contest the correctness of the ..... the appeal, if there is on alteration in the date of the decree itself though in a proper case, the delay may be excused under section 5 of the limitation act. with great respect, i find myself unable to subscribe to this extreme view. to my mind the correct view is that the starting ..... prayed that the proceedings before the commissioner for taking accounts be declared void and without jurisdiction as the partnership was void ab initio under section 59 of the motor vehicles act, 1939. in the alternative it was also prayed that the preliminary decree be amended so as to incorporate in it the direction ..... of the account books of the firm. he is directed to submit his report within a month after examining the accounts in presence of the parties.5. from the amended preliminary decree manglaram filed appeal in the court of district judge, balotra. a praliminary objection was taken to the maintainability of ..... for dissolution of partnership and rendition of accounts was passed under order xx, rule 15, civil p.c. on 18.7.1962, where by the proportionate shares of the parties were declared and the partnership was held to have been dissolved on 31.5.1960. it was also mentioned in the judgment that .....

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May 15 1970 (HC)

Nasirabad Urban Cooperative Bank Ltd. Vs. Gyanchand JaIn and ors.

Court : Rajasthan

Decided on : May-15-1970

Reported in : 1970WLN248

..... the absence of special circumstances like an express or implied representation that the mortgagors had the right to create the encumbrance cannot bind even their charges which they may get on partition. any one of several members of a joint family is entitled to require partition of ancestral property, and his demand to that effect ..... the evidence, i may point out that from the copy of the final decree which was passed in the partition suit between parasdass and his brothers and to which the plaintiff was also made a party on the death of parasdass, there is no mention of any joint family business in the name of ..... each coparcaner is fluctuating capable of being enlarged by deaths, and liable to be diminished by the birth of sons to coparceners; it is only on partition that he has become entitled to a definite share. the two principal incidents of coparcener are: that the interest of coparcenars devolve by survivership and not ..... statement. i am also informed that this very question is the subject-matter of a special appeal which is pending in this court between the same parties arising out of the execution of this decree. here the only question is about the validity of the mortgage decree passed on the basis of a ..... the absence of an adult male member was competent to act as manager of the family but this view was not approved by the supreme court in commissioner of i.t. v. c.s. mills air 1966 sc 21 and it was held that:under hindu law co-parcenership is a necessary qualification for, the .....

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Mar 11 1970 (HC)

Furkan Vs. Mst. Mumtaz Begam

Court : Rajasthan

Decided on : Mar-11-1970

Reported in : AIR1971Raj149

..... invited my attention to section 53 of the rajasthan tenancy act under which it is provided in sub-section (4) that to every suit for the division of one or more than one holding, all the co-tenants and the land-holder shall be made parties. it is further provided in sub-section (5) that a suit for ..... division of more than one holding may be instituted, provided that the parties are the same. thus it appears that the land-holder has also a say in the matter of division of holding. in my opinion, in the facts and circumstances of the present case it was not proper to have granted a decree for partition ..... all and furkan was entitled to get 1/3rd as heir. having come to this conclusion in exercise of discretion under section 209 of the rajasthan tenancy act, 1955, he directed that a decree for partition may be granted even though not prayed for.7. the first contention of the learned counsel for the appellant is ..... as the defendant furkan both are entitled to half share each in the disputed land. the learned district judge has granted a decree for partition. the plaintiff had prayed for possession of the whole of the land as well as for perpetual injunction. she has nowhere claimed the division of ..... the holding by partition and for possession of her share. the only proper relief which should have been granted in her favour was to grant a decree for .....

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May 21 1970 (HC)

Commercial Taxes Officer Vs. Man Industrial Corporation Ltd.

Court : Rajasthan

Decided on : May-21-1970

Reported in : [1970]26STC169(Raj); 1970(3)WLN478

..... to, such business, transfer of liability of any firm or hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revisions, references, refunds, penalties, compounding of offences and treatment of documents furnished by a dealer as confidential, shall apply accordingly;provided that if in ..... . instead of being charged at the rate of 2 per cent. on certain inter-state sales. he accordingly directed the sales tax officer to reassess the dealer under section 12 of the rajasthan sales tax act, 1954, the sales tax officer issued notices to the dealer in respect of both the years and the dealer filed revision applications to the board of revenue ..... (3a) before this court.3. two preliminary objections have been taken on behalf of the dealer. the first objection is that the applications filed on behalf of the state under section 15(1) before the board of revenue were barred by limitation as they were filed beyond 60 days of the date of the order of the board on the revision ..... can also make an application for reference under section 15.5. the learned additional advocate-general contends that as the central sales tax act, 1956, was amended in 1969 by the central sales tax (amendment) act, 1969, the rajasthan act as it stood in 1969 is applicable in disposing of cases under the central sales tax act. this argument is untenable. section 6 of the central sales tax (amendment .....

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