Court : Kolkata
Reported in : AIR1953Cal591
..... the refusal must be held to be bad. see -- 'basantt rice mill v. c. s. maitra', : air1952cal206 (d).it has been held that'if the tribunal has exercised discretion bona fide not influenced by extraneous or irrelevant considerations and not arbitrarily or illegally the courts cannot interfere; they are not a court of appeal from the ..... applicant for licence has been declared an evacuee.the sole ground on which the applications of the petitioners have been refused, appears to be that the branch arms of the petitioners at kanpur and other places outside west bengal have been declared to be evacuee property and as such the firm which carries on business ..... an express or implied duty imposed by statute to act judicially or quasi-judicially. there is, as i have pointed out, no such statutory obligation upon, the respondents. the provisions relating to production of evidence etc. referred to by mr. basu in the red book have no statutory force but they are merely departmental instructions, issued in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj145
..... it clear that the high. court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, and the only courts or tribunals which are exempted from this superintendence are courts or tribunals constituted by or under any law relating to the armed forces. unless, therefore, there is anything in article 329 which derogates from ..... its jurisdiction on the ground that the decision is wrong. indeed, it must be shown, before such a writ is issued, that the authority, which passed the order, acted without jurisdiction, or in excess of it, or in violation of the principles of natural justice.' 17. we have, therefore, to see whether these four persons were ..... them parties to the petition, even, after the time prescribed for the presentation of the election petition, it cannot be said that the tribunal acted in excess of its jurisdiction, for it could have given the relief which it gave in the absence of these persons also. 18. a further .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj158
..... election petition for default of appearance by the petitioners to the election petition is not contemplated by the scheme of the representation of the people act and the tribunal has been armed with ample powers to make a suitable arrangement for the prosecution of an election petition in case the petitioners for any reason decline to proceed with ..... petition, any person who might have been a petitioner is entitled to become a respondent and oppose the petition. there is, therefore, no force in the argument of learned counsel that the tribunal should have dismissed the petition for default of appearance of the petitioners during the course of trial.17. as to the last point urged ..... resignation of shri k.c. gupta and the appointment of the hon'ble mr. justice k.k. sharma as chairman of the tribunal and the argument against the invalidity of the tribunal has no force.11. as mentioned above, there is no bar to the appointment of members and chairman by different orders of different dates and the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad573; (1954)IMLJ165
..... 4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces."the contention on behalf of the petitioners is that the power of superintendence conferred on the high court under article 227( ..... 1) over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction includes the power to revise the judgments and orders of any such tribunal,2. the origin of this article goes back to the charter act ..... which have appealed to the judges of other courts as well, he observed:"it is, therefore, clear that whilst the government of india act, 1935, was in force the power of superintendence over courts subject to our appellate jurisdiction did not give this court a right to interfere with judicial orders of such .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant102; AIR1954Mys102
..... such as the proviso to article 227 which excludes the superintendence of the high courts over tribunals relating to armed forces. the prayer of the petitioner is for the issue of a writ for quashing the proceedings of the election tribunal and not for calling in question the election to the legislature, the latter of which ..... argument is that the provisions of the code of civil procedure as such and in toto are not made applicable to the proceedings before election tribunals and that the election tribunal acted without jurisdiction in invoking the provisions of order 6, rule 17, to amend the petition sent to it by the election commission.a perusal ..... amending the petition, it enlarged the period prescribed for the presentation of the election petition.16. the learned counsel for the petitioner submitted that the election tribunal acted in excess of its jurisdiction in dealing with the allegations of corrupt practice said to have been indulged in by the petitioner.the three corrupt practices .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj185
..... they, therefore, incorporated both the words in article 136. they did not intend that the article should apply to courts or tribunals constituted by or under any law relating to armed forces and they consequently made a clear provision to that effect in clause (2) of article 136. this being the case, it can hardly be believed that ..... of india, the high court could exercise powers of superintendence over him. it was held that for the purpose of the contempt of courts act the word 'subordinate' would include all courts and tribunals over which the high court was given the power of superintendence under article 227 of the constitution of india. 9. the above two ..... the constitution, and that, from a court only which is subject to its appellate or ordinary revisional jurisdiction. under the corresponding section 225 of the government of india act, 1935, the high court could transfer a case to itself for trying it and was not given any express power to decide only the substantial question of law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC520; [1955]1SCR267
..... are invested with judicial as distinguished from purely administrative or executive functions. the only courts of tribunals, which are expressly exempted from the purview of article 136, are those which are established by or under any law relating to the armed forces as laid down in clause (2) of the article. it is well known that an ..... fetter or circumscribe the powers exercisable under this article in any way. section 105 of the representation of the people act certainly gives finality to the decision of the election tribunal so far is that act is concerned and does not provide for any further appeal but that cannot in any way cut down or affect the ..... assembly of the province of quebec, his election was afterwards, on petition, declared null and void, by judgment of the superior court under the quebec controverted elections act, 1875, and he himself was declared guilty of corrupt practices. he applied for special leave to appeal to his majesty in council. the application was refused and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP85
..... governor. (4) nothing in this article shall be deemed to confer on a high court powers of superintendence over any court or tribunal constituted by or under any law relating to the armed forces.228 : if the high court is satisfied that a case pending in a court subordinate to it involves a substantial question of law ..... virew the powers of the legislature. it is further submitted that on the formation of the andhra state, the madras buildings (lease and rent control act has ceased to be in force in the andhra state and the rent controller has no jurisdiction to proceed with a petition under s. 4. it is, therefore, prayed that ..... of revision or transfer that can be done notwithstanding the restrictive provisions contained in the laws passed by the state for the jurisdiction conferred on this court by the constitution act cannot be controlled by state legislature'.(8) 'in re: tirupuliswamy naidu', : air1955mad287 (d), satyanarayana rao j. and rajagopalan j., held that the jurisdiction vested .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal535,1955CriLJ1348
..... come to the conclusion that the provisions relating to a trial by a special tribunal constituted under the act are applicable to offences committed before the act was passed.12. the next contention is that the special tribunal acted illegally in tendering pardon to akkas ah who was one of the accused and ..... tribunal constituted under the tribunals of criminal jurisdiction act, 1952, (west bengal act 14 of 1952). the learned judge who presided over the tribunal framed charges against all the appellants of conspiracy to commit offences under sections 302, 324, 342, and 427, penal code and sections 3 and 5, explosive substances act and section 19(f), indian arms act ..... powers conferred by sub-section (1) of section 124, government of india act, 1935, delegated these functions to the provincial governments. mr. datta contends that alter the constitution came into force this delegation under the government of india act, 1935, has no longer any legal validity.the objection might have been .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom375; (1956)58BOMLR45; ILR1956Bom79
..... entitled to reopen a settled matter, and really when one carefully studies this passage the emphasis is upon the second tribunal acting arbitrarily or capriciously and we with respect are in agreement to that extent that the second tribunal would certainly not be justified in re-opening a matter arbitrarily or capriciously.but we do not understand why, if ..... central board of revenue or the income-tax commissioner.in order to appreciate this argument we must consider what role does the appellate tribunal play under the income-tax act. it is clear that the tribunal is a part of the machinery of assessment. it may be the final link in the sense that it is the final ..... the assessee with regard to a different assessment year they are dealing with an entirely new case and the decision given in the earlier assessment has no binding force upon either the assessee or the income-tax authorities in the next assessment.this is a principle which is not merely helpful to the income-tax authorities but .....
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