Court : Rajasthan
Decided on : Sep-06-1971
Reported in : 1971WLN620
..... will be advisable to dispose of these petitions by one judgment.4. in these petitions the vires of section 104 of the rajasthan town municipalities act, 1955 (hereinafter called the act) was also challenged but at the very outset learned counsel for all the petitioner mr. guman mai lodha informed the court that the view ..... of uttar pradesh and anr. a.i.r. 1964 s.c. 270, while discussing the scope of sections 128, 131 to 136 of the u.p. municipalities act (no. 2 of 1916), their lordships of the supreme court held that different rates of taxes can prevail in different localities. in that case, the rates ..... and the rates of octroi duty on these items are quashed.41. while enacting the rajasthan municipalities act of 1959 the state legislature introduced for the first time a new scheme of imposing obligatory taxes in all the municipalities of rajasihan and for that purpose section 104 was enacted. under the provisions of this section ..... schedule of octroi rates, and my colleagues have probably taken a clue from this move on the part of the punjab government and made their suggestion for model schedule. i am afraid that a state wise attempt on these lines is not likely to succeed, & if ..... on the question of evolving a model schedule for octroi duty in different places in the state and observed:the levy of octroi in that state (punjab state) is both by weight as well as on ad valorem basis. an attempt is being made in that state for the preparation of a model .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-21-1971
Reported in : 1971(4)WLN543
..... was made clear that the properties are held by the board as trustee and are to be applied by it for purposes of the act. the rajasthan town municipalities act. 1951, was replaced by the rajasthan municipalities act, 1959, the corresponding provisions are contained in sections 92 (2) (f). 161 and 163. the language of these sections is the same as the language of the ..... time. it is pointed out that an express trust has been created by the provisions of section 51 (f) of the bikaner municipal act, section 48 (2) (f) of the rajasthan town municipalities act and section 92 (2) (f) of the rajasthan municipalities act. on behalf of the appellants, it was argued that section 10 has no application as the trust in this case is created ..... of portions of a highway for carrying on business and so no bye-laws could be framed authorising the munici-pality to do so.11. the bikaner municipal act 1923 was repealed by the raiasthan town municipalities act 1951. sections 48 (2) (f), 99 and 100 of it run as follows :--'48. power to acquire and hold property.(1) ............(2) all property of the ..... savalram pujari waghmare's case air 1959 sc 798 (supra). in that case, the plaintiffs were pujaris of a temple. they were removed from their office by the trustees in 1911 for gross misconduct and some other persons appointed in their place to discharge the duties of the office of the pujari. the pujaris thereafter instituted a suit claiming to be .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-19-1971
Reported in : (1971)IILLJ287Raj
..... department notification no. tax (rules)/f. 53 (misc) dlb/63 dated 22-6-67 which was issued in exercise of the rule making powers under section 297 of the rajasthan municipalities act, 1959. along with the amendment of rule 56 the government had issued instructions in notification no. f. 1 (42) fd (exp-rules) 67-ii dated 13-6-67. that notification ..... the state government and in pursuance of the provisions contained in clause (i) of sub-section (2) of section 297 of the rajasthan municipalities act, 1959, it is hereby ordered that the date of compulsory retirement of a municipal employee is the date on which he attains the age of 55 years, an employee could, however, be retained beyond the age of superannuation ..... no. 1 of 1949 on the integration of the state of jaipur with rajasthan. the city of jaipur municipal act was repealed by section 2 of the rajasthan municipalites act, 1959 which was brought into force with effect from 17th october, 1959. section 297 of the rajasthan act gave power to the state government to frame rules prescribing the conditions of service of the ..... -1911. he was appointed to a post in the jaipur municipal council on 5-9-43. at that time the council was a department of the government of jaipur. with effect from 1-11-46 the municipal council became autonomous and option was given to the employees to opt for state service or municipal service. the petitioner opted for municipal service. the city of jaipur municipal act .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-17-1971
Reported in : AIR1971Raj265; 1971(4)WLN151
..... take possession of the land. 11. after the filing of this writ application, the petitioner withdrew the suits that were filed by him for getting permanent injunction against the municipal board. variyam singh after having taken possession of the land also withdrew his suit against the petitioner and his colleagues. the proceedings taken before the estate officer under the public ..... appropriate action against him and to secure his eviction in accordance with the provisions of law. 15. i entirely agree with the views expressed by their lordships of the punjab high court in the above authority. in this age of rule of law such high-handed action on the part of the government officials can never be thought of. ..... premises eviction of unauthorised occupants act, 1958 are, however, still pending before that authority.12. the question that arises for determination of this court in this petition is whether the state government or its ..... also impleaded as a defendant. when these suits were pending before the munsiff, kota, the divisional superintendent, western railway, kota initiated proceedings under public premises eviction of unauthorised occupants act, 1958 and these proceedings created a bar for the petitioner and his colleagues to pursue their remedy in the civil court and the suits were, therefore, withdrawn. the petitioner and .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-09-1971
Reported in : 1971WLN396
..... the property acquired. the learned counsel for the plaintiffs drew our attention to ex. a38 which is a resolution dated 9.1.1899 passed by the general committee of the municipality, ajmer. by this resolution, the general committee approved the suggestions of the executive committee. one of the suggestions of the executive committee, was that 'the district magistrate be asked to ..... the sheikhzada khadim objected to the claim put-forward by the syedzada khadims. after recording evidence of the parties, the assistant settlement officer, ajmer, by his judgment dated 4.4.1911 (ex. a/4) decided to record the land in the name of all the syedzadas and disallowed the objections of the sheikhzadas. the correctness of the aforesaid judgment was never ..... degs along with other syed kada khadims, they were receivable in evidence not only against the decelerates but also against the other syedzada khadims under section 18 of the evidence act, the relevant portion of which runs as under:section 18 - xx xx xx xxstatements made by-(1) persons who have any proprietary or pecuniary interest in the subject-matter ..... the entire sect of sheikhzada khadims against the anjuman moinia fakhria chistia khawaja syedzadas, a corporate body of the syedzada khadims registered in the year 1942 under the societies registration act, 1860, hereinafter called as the anjuman. the plaintiffs being the descendants of one of the two original disciples claimed half share in certain offerings and presents made by the .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-23-1971
Reported in : AIR1972Raj133; 1971(4)WLN601
..... briefly state the facts. the plaintiffs as commission agents advanced rs. 8,560/- to the defendants on 3-3-51 for obtaining a railway receipt of certain goods from the punjab national bank, jodhpur. the plaintiffs also gave on 8-3-51 rs. 836/14/9 by way of payment to a broker. the defendants' goods covered by the railway receipt ..... the controversy between the two lines of decisions in indian courts that were taking divergent views.7. coming to the case of diffrent high courts now in zaharia v. debia, (1911) ilr 33 all 51 (fb) two suits were instituted by m and z for pre-emption in respect of the same sale- there was one judgment and the copy of .....Tag this Judgment!