Court : Mumbai
Decided on : Mar-13-1957
Reported in : AIR1958Bom74; (1957)59BOMLR1046; ILR1958Bom76; (1957)ILLJ620Bom
..... notice of change there may be a registered agreement or a registered settlement; but if none of these things happens, there is yet provision in the act in chapter xi for determining the relations between the employer and the employees in respect of the proposed change by arbitration. the arbitration results in an award and section ..... back to section 46 which deals with 'illegal change', sub-section (1) provides that any change in any standing, orders made without following the procedure prescribed in chapter vii, to which i have already referred, is illegal. as i have already pointed out, that procedure and the standing orders relate only to subjects specified in ..... first the matters specified in schedule i, chap. vii of the act deals with such matters and provides that the industrial matters mentioned in schedule i shall be governed by standing orders to be settled in accordance with the provisions set out in that chapter, and until such standing orders are settled and come into operation, .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-20-1957
Reported in : AIR1958Bom397; (1958)60BOMLR353; ILR1958Bom732
..... at the election but also those candidates who contested for the election. section 82 occurs in part vi which deals with disputes regarding elections and it occurs in chapter i. chapter i of part vi begins with section 79 which is a definition section. curiously, however, there is a definition of the expression 'candidate' in section 79(b ..... in this connection mr. chari relied upon a case repotted in hariprasad shivshanker v. a. d. divelkar. 59 bom lr 384 : air 1957 sc 121. that was a case arising under the industrial disputes act and, in particular, ho referred to a passage occurring at p. 388. there their lordships of the supreme court were considering section 2(oo ..... there is no section to which particular reference may have to be made so far as this chapter is concerned. then chapter iv-a deals with appeals and i have already referred to section 116a which occurs in this chapter. then there is chapter v and reference may have to be made to section 119. part vii, to which reference .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1957
Reported in : AIR1959Bom194; (1959)61BOMLR124; ILR1958Bom1282
..... our view, the fact that the legislature enacted that the provisions of the code of civil procedure, 1908, shall apply to all proceedings under chapter ii of the act would also be a good indication to show that the intention of the legislature was that the board should be a court. 17. it is true that ..... the petitioner has prayed for in this petition is that the judgment of the assistant judge in civil appeal no. 237 of 1956, which is pronounced on the 19th january 1957, be quashed. a further relief which is sought by the petitioner is that the order passed by the board reducing his (petitioner's) dues to rs. 1954-8 ..... and undoubtedly of decisive role. we find it difficult to believe that when the legislature conferred a special jurisdiction upon a judicial officer under the saurashtra agricultural debtors' relief act, it intended to enact that the status which such judicial officer possessed while exercising normal civil jurisdiction should be withdrawn from him, and he should cease to be .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-20-1957
Reported in : AIR1958Bom125; (1957)59BOMLR875; 1958CriLJ481; ILR1958Bom96
..... given under this section (section 154) is the first information. it precedes the commencement of the investigation. it is the basis upon which the investigation under chapter xiv of the code ot criminal procedure commences. it is the basis of the case and represents what was intended by the informant to be his case when ..... the provisions about the giving of first information relating to the commission of cognizable offences. that being so, section 5-a of the prevention of corruption act cannot be pressed into service for contending that the statement of bhaskar bhikaji kulkarni taken by police sub-inspector savant on 22nd april 1955 is not admissible in ..... . 1. the charge against the three accused was that during the period between 19th november 1954 and 30th april 1955, they did agree to do an illegal act, to wit, to offer gratification other than legal remuneration, to bhaskar bhikaji kulkarni and pandurang genda patil, the police constables attached to the anti-corruption branch of .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-1957
Reported in : AIR1957Bom280; (1957)59BOMLR633; ILR1958Bom667
..... certain exceptional contingencies an individual member of a hindu undivided family can give away the family property. this is pointed out by the learned author of the mitakshara under the chapter ^^nk;k fohkkx izdj.ke ~** (distribution of where the learned author says : ^^ nk;k ** translated in english, this 'would mean :^^ ,dksmfi lfkkojs dq ..... ;esdksfi lefkz% dq;kzfnfr** rendered in english, this would mean :'while the sons and grandsons are minors and incapable of giving their consent or doing similar acts or white the brothers are so and continue unseparated, even one person, who is capable, may conclude a gift, hypothecation, or sale of immoveable property, ..... for certain purposes. thus, the father may within, reasonable limits gift away ancestral moveables without the consent of his sons for the purpose of performing 'indispensable acts of duty and for purposes prescribed by the texts as gifts through affection, support of the family, relief from distress and so forth'. but even as to .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-13-1957
Reported in : (1958)60BOMLR107
..... relying upon data in the prosecution case itself. as was observed by patkar j., an inquiry under section 203 is not intended to substitute a trial. chapter xvi is primarily meant to prevent unnecessary harassment to the members of the public by persons filing false and frivolous complaints. the power there conferred upon ..... the learned magistrate issued a notice to the petitioner. after hearing the arguments on both the sides the learned magistrate passed the order on april 30, 1957, dismissing the petition under section 203 of the criminal procedure code.10. the learned magistrate after dealing with the statements of witnesses, which were annexed to the police ..... subedar and two other persons charging them with the murder of his son gulab khan. the complaint was sent to the sub-divisional officer for disposal. acting under section 202 of the criminal procedure code, the sub-divisional officer proceeded to examine three witnesses tendered by karam khan though in the absence of the three .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-28-1957
Reported in : (1957)59BOMLR727
..... -sections (3) and (4) of section 24. section 24(3) says that no claims officer shall in respect of any secured debt or claim to which chapter iv applies award on account of arrears of interest a sum greater than the principal of the loan as determined under sub-section (i). this makes it quite ..... parties to the transactions. moreover, it would lead to complications for dealing with which special provisions would be necessary. but there are no such provisions in the act. we, therefore, hold that the term secured debt includes a mortgage decree which is not only against the proprietary interests which have vested in the state but ..... constitution was pending, and therefore contended that the claims officer could get no jurisdiction to proceed with the application of the respondents under section 19 of the act. thus they contended on this additional ground that the ultimate order passed by the claims officer was ineffective having been made without jurisdiction. the learned additional district .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-27-1957
Reported in : (1958)60BOMLR159
..... kinds of courts-martial and they are (a) general courts-martial, (b) district courts-martial, (c) summary general courts-martial, and (d) summary courts-martial. chapter v of the army rules, 1954, deals with investigation of, charges and trial by court-martial, and rule 22 refers to the hearing of charge in the presence of ..... part of india, other than the state of jammu and kashmir.' under sub-clause (xviii) 'offence' means any act or omission punishable under the act and includes a civil offence as hereinbefore defined. chapter vi of the army act gives a list of offences and, according to mr. purshottam, sections 34 to 68 deal with offences 'which are ..... non derogant. it is true that a general law does not abrogate an earlier special one by mere implication. where there are general words in a later act which are capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, the earlier and special legislation cannot be held .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-13-1957
Reported in : 1958CriLJ1134
..... filed by the petitioner on the 31-10-1956. the application raises points of interest in regard to the scope of the powers of magistrates under chapter xvi of the criminal procedure code.2. before we go to the several contentions raised on behalf of the parties in somewhat elaborate arguments, it would be expedient ..... whereupon the learned magistrate issued a notice to the petitioner. after hearing the arguments on both the sides the learned magistrate passed the order on 30-4-1957 dismissing the petition under section 203 of the criminal procedure code.10. the learned magistrate after- dealing with the statements of witnesses, which were annexed to the police ..... subedar and two other persons charging them with the murder of his son gulab khan. the complaint was sent to the sub-divisional officer for disposal. acting under section 202 of the criminal procedure code, the sub-divisional officer proceeded to examine three witnesses tendered by karam khan though in the absence of the three .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-27-1957
Reported in : 1958CriLJ1144
..... the provisions of this section are further subject to certain exceptions. according to mr. purshottam, therefore, there are three categories of offences dealt with by chapter vi of the army act, sections 34 to 68 dealing with purely military offences, section 69 dealing with offences over which there is concurrent jurisdiction of the military court as well ..... part of india, other than the state of jammu and kashmir. under sub-clause (xvii) 'offence' means any act or omission punishable under the act and includes a civil offence as hereinbefore defined. chapter vi of the army act gives a list of offences and, according to mr. purshottam, sections 34 to 68 deal with offences which are ..... complied with. our attention has not been drawn to any provision of the army act which would exclude the jurisdiction of the ordinary criminal court in such a case. on the other hand, in chapter x of the act which deals with courts-martial there is one section which contemplates a trial by a criminal court .....
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