Judgment Search Results Home > Cases Phrase: city sessions court act 1953 Page 8 of about 240,293 results (0.420 seconds)

Shri Suraj Bhan and Another Vs. Shri Rajinder Pal Singh Lamba and Othe ...

Court : Delhi

Reported in : 91(2001)DLT702

..... india act, 1935, the appointment of the superintendents to the district & sessions judges was governed by section 35 of the punjab courts act, 1918, and the rules were framed by the high court under ..... act, 1935 and by virtue of sub-sections (i)(ii) & (iii) of section 241 thereof the power to make appointments in civil & sessions court in the states including delhi was vested in governor general in council and in pursuance thereto, by a notification dated 17.2.1941 the governor general in council directed that the appointment to the posts in civil courts at delhi shall be made by the district & sessions judge, and further that the judges of the high court ..... needed; but preference should be given to officers with such qualifications who are already working in the lower grades;provided that permanent vacancies in the 75-5-125 grade shall be filled by the district & sessions judges in the following rotation:--(i) by selection on merit out of graduates who have atheist two years' experience in the work of the office, if there is no suitable graduate who fulfills this ..... the issuance of notification dated 28.10.1953 by the president of india under proviso to article 309 of the constitution of india, the old rules framed under section 35(3) of the act continued to be in force and ..... 309 came to hold the field and in exercise of powers there under and in supersession of earlier notification dated 17.2.1941 the central government by a notification dated 28.10.1953 made the same provision. mr. .....

R (on the Application of Godmanchester Town Council) (Appellants) Vs. ...

Court : House of Lords

..... where there has been evidence of a user by the public so long and in such manner that the owner of the fee, whoever he was, must have been aware that the public were acting under the belief that the way had been dedicated, and has taken no steps to disabuse them of that belief, it is not conclusive evidence, but evidence on which those who have to find ..... in these two appeals, as my noble and learned friend lord hoffmann has said, is whether the respective landowners, respondents in the two appeals, have shown "sufficient evidence" (s.31(1) of the highways act 1980) that they had no intention during the relevant 20 year period to dedicate as public footpaths the paths over their land claimed by the appellants to have achieved that status by 20 years' public ..... some village hampden may push down the barrier or tear down the notice: the local council may bring an action in the name of the attorney-general against the landowner in the courts claiming that there is a public right of way: or no one may do anything, in which case the acquiescence of the public tends to show that they have no right ..... appeal, which is not relevant to this case, was that if quarter sessions were right about the relevant 20 year period, the act could not apply because it was not retrospective. ..... that it was not brought into question until he objected in 1953 to the inclusion of the path in the definitive map. ..... on the challenges as evidence to negative an intention to dedicate during the 20 years ending in 1953. 19. .....

Smt Seetha S Shetty Vs. Mr B Vijayadas Adyanthaya

Court : Karnataka

..... on the contrary, learned counsel for the contesting respondents contended that in view of the division bench ruling of this court in rathnavatis case referred to supra, the contention that the interest over the properties would devolve as per the 1956 act was untenable and the suit would have to be decreed in the light of the admitted fact that only a life interest had been granted to predecessor ..... instant case, admittedly ramanna shetty was conferred with a life interest under the partition deed dated 05.01.1953 and thus, as a necessary consequence ramanna shetty would only be entitled to enjoy the property during ..... according to the learned counsel for appellant by virtue of the overriding provisions of section 4 of 1956 act, the provisions of 1956 act would prevail over the 1949 act and since the 1956 act does not recognize the concept of reversion of the life interest to the nearest santhathi kavaru, 22 it will have to be held that life interest would stand enlarged into an absolute right in ..... in fact, this court has also considered the decision rendered by the apex court in sundaris case and has stated that the decision of the apex court in relation to section 7(2) of the 1956 act would be applicable only with regard to undivided interest of a hindu governed by aliyasantana law and the provisions of section 17 of the 1956 act which make sections 8, 10, 15 and 23 applicable with certain modifications would provide for succession of the separate property of a hindu ..... sessions .....

Sujit Bardhan Vs. State of Tripura

Court : Guwahati

..... public prosecutor, on the other hand, has very fairly submitted that he has some reservation to say regarding the correctness of the impugned judgment of the learned additional sessions judge as the prosecution has failed to prove its case beyond reasonable doubt and the defence has been able to make some points in its favour.30. ..... after hearing the learned counsel of the parties and also on analysis of the evidences on record, learned additional sessions judge has found that the prosecution has proved its case and has held that the accused sujit bardhan guilty of offence under section 302 ipc and accordingly, convicted by awarding ..... it was a case wherein one set of evidence condemned the other set leaving the court with no reliable and trustworthy evidence upon which the conviction of the accused might be ..... was then committed to the court of sessions by the learned s.d.j.m. ..... benefit of such evidence should go to the accused and not to the prosecution therefore, the high court ought not to have placed any credence on the evidence such unreliable witness.28. ..... biswas has invited our attention to the provisions of section 114(g) of the evidence act, which reads as 'that evidence-which could be and is not produced would, if produced, be unfavourable to the person who ..... on receipt of the case, the learned additional sessions judge, west tripura, khowai, framed the charge against the accused sujit under section 302 ipc and recorded the statement under section 313 ..... madhya bharat 1953 cri.l.j .....

State of Mysore Vs. V. Sampangiramiah

Court : Karnataka

Reported in : AIR1953Kant80; AIR1953Mys80

..... exercise of the powers conferred on him under rule ix (b) of the kerosene control order, 1948, the deputy commissioner notifies that with immediate effect the wholesale and retail selling prices of kerosene in bangalore city are revised and fixed as and in that notification and that any person selling kerosene oil at rates higher than those specified in the notification would render himself liable for punishment.22. ..... the learned sessions judge has given really no reasons for not acting on their evidence; & we think that his appreciation of the evidence in this matter is thoroughly unreasonable and that he erred in disturbing the finding of the city magistrate on this simple question ..... we must also observe that it is not clear from the judgment of the learned sessions judge whether he was invited to and examined the rest of the evidence for the prosecution ..... another expert who would have conducted the tests in accordance with the order of the sessions judge would have been able to tell the court whether any changes occurred in the oil whereby such tests after a lapse of time would not ..... the learned advocate-general contends that the conclusions reached by the learned additional sessions judge are very unreasonable and that his appreciation of the evidence and surrounding circumstances of the ..... 1933 pesh 27 (u), for holding that in the case of an acquittal by an appellate court the usual rigour of the rule against interference with an order of acquittal does not apply. ..... air 1953 mys .....

Marrapu Narayanamma Vs. Marrapu Satyanarayana and ors.

Court : Andhra Pradesh

Reported in : AIR1960AP425; 1960CriLJ1070

..... that any amount of consent cannot confer jurisdiction, particularly in criminal matters wherein the jurisdiction rests on the judicial power being invested in a certain tribunal to exercise a particular judicial act or reach any particular judicial decision.in this case as the additional sessions judge had no judicial power to hear and dispose of a criminal appeal arising out of the judgment of a first class magistrate, any amount of consent or failure to raise ..... is as follows :'(1) subject to the provisions of this section, an appeal to the court of session or sessions judge shall be heard by the sessions judge or by an additional sessions judge or an assistant sessions judge: provided that no such appeal shall be heard by an assistant sessions judge unless the appeal is of a person convicted on a trial held by any ..... taking all the facts and the circumstances of the case into consideration, we have no doubt in our minds that the additional sessions judge has no jurisdiction (i) to transfer the appeal in question from the file of the court of session to himself, which could only be done by a sessions judge by a special order; and (ii) to hear the appeal in question, there having been no general or special order by the state ..... thus it is stated in maxwell on the interpretation of statutes, 10th edition (1953) at page 387:'where, however, the act or thing, required by the statute is a condition precedent to the jurisdiction of the tribunal, competence cannot be dispensed with, .....

Parkash Textile Mills Ltd. Vs. Mani Lal and ors.

Court : Punjab and Haryana

Reported in : AIR1955P& H197

..... inferior tribunal either to usurp a jurisdiction which it docs not possess whether at all or to the extent claimed, or to refuse to exercise a jurisdiction which it has and ought to exercise.subjection in this respect to the high court is a necessary and inseparable incident to all tribunals of limited jurisdiction; for the existence of the limit necessitates an authority to determine and enforce it; it is a contradiction in terms to create a tribunal with limited and unlimited power ..... on which jurisdiction has been conferred to decide all questions which arise in respect of the matters for which it has been set up and it is not open to the civil courts to decide on the status of the applicant before the tribunal can exercise its jurisdiction.the act gives new rights to a displaced debtor and his creditors and entitles all the parties concern-ed to new remedies and on an application under section 5 or section 11(2) ..... orderwas forwarded to the district judge, amritsar,and on 8-9-1953 it was presented by chuni lalseth to the district & sessions judge, amritsar,who sent it down to the senior subordinate ..... tribunal would be autocratic, not limited --and it is immaterial whether the decision of the inferior tribunal on the question of the existence or non-existence of its own jurisdiction is founded on law or fact; a court with jurisdiction confined to (the city of london cannot extend such jurisdiction by finding as a fact that piccadilly circus is in the ward of chepe.'29. ..... city ..... city .....

Delhi Administration Vs. Mohd. Iqbal

Court : Supreme Court of India

Reported in : AIR1971SC472; 1971CriLJ509; (1970)3SCC498; 1971(III)LC91(SC)

..... of residing permanently in the latter place, but in its wider connotation it meant going from one place to another whether or not with the intention of permanent residence in the latter place this court gave the word 'migrated' in article 7 of the constitution that wider connotation and referred to migration to pakistan after 1 march, 1947 in that case.9. ..... counsel for the respondent invited this court to-re-assess the facts and to come to the conclusion that he was in india upto 1953 and therefore he merely 'renounced the citizenship and that when he returned to ..... on appeal by the additional sessions judge on 15th april, 1965 ..... the sub-divisional magistrate, delhi on 22 july, 1964 under section 14 of the foreigners act and sentenced to undergo six months' rigorous imprisonment. ..... the residential permit as well as his contravention of the foreigners act suffices to hold that not only he made mens rea but he was guilty of an offence in contravention of rule 7(2) of the foreigners order, 1948 and section 7(2) of the foreigners act.10. ..... the expiry of visa and inspite of being required to obtain residential permit from the registration officer, delhi he continued to stay in this country and thereby contravened the provisions of 7(2) of the foreigners act.7. ..... before 5 january, 1960 and was apprehended on 5 october, 1961 without possessing any residential permit from the registration officer, delhi and thereby the respondent contravened the provisions of section 7(2) of the foreigners act.4. .....

Mir Ghulam Ahmed Vs. Haji Abdul Rehman and ors.

Court : Jammu and Kashmir

Reported in : 1973CriLJ832

..... legislature in conferring concurrent jurisdiction may reasonably be assumed to have intended that the inferior court should exercise jurisdiction in the first instance.the following points may be advanced in support of the exercise of jurisdiction by the high court in the first instance-(1) the subordinate courts have no inherent power to make interim orders of stay and therefore an aggrieved party may not eat the entire relief he seeks if he approaches the sessions court or the district magistrate's court in the first instance. ..... the expiry of the statutory period of limitation on account of the tendency of his application in revision before the sessions judge, the power to condone the delay under section 5 of the limitation act should be liberally exercised provided that the applicant had been diligently and promptly prosecuting the case in the court below on account of the practice of this court that the party must go in the first instance to the sessions judge or the district magistrate, as the case may be.10. ..... since under the amendment of 1953 the sessions judges or the chief judicial magistrates have got power to grant stay or to suspend the operation of the orders of the trial courts, it will be difficult for the litigant to make out a special case or to give extraordinary reasons for moving the high court direct. .....

Sukhdeo and ors. Vs. Kisturchand

Court : Rajasthan

Reported in : 1970WLN537

..... the learned judge observed that the powers of the gram panchayat have been specified in section 23 (a) to section 27 of the rajasthan panchayat act, 1953 (hereinafter referred as the act) and section 26 (1) (11) of the act only provided that the panchayat shall have the power to require the owner or occupier of any building to remove any encroachment on a public way or drain but in the instant case the dispute related to an agricultural land ..... servant who is not removable from his office save by or with the sanction of a 'state government' or 'the central government' is accused of any offence alleged to have been committed by him while action or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the 'previous sanction--(a) in the case of a person employed in connection with the affairs of the union, of the central government; and(b) in the case of a person employed ..... and not to any building, and consequently the learned judge held that the panchayat has no power to order the removal of encroachment, if any again, according to the learned additional sessions judge .....