Court : Mumbai
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
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 : Kolkata
Reported in : AIR1958Cal163,1958CriLJ496
..... except upon the complaint of some person aggrieved thereby, subject to certain exceptions under which a liquidator cannot certainly come, is limited only to offences under chapter xix and chapter xxi of the indian penal code. in my view, no valid objection can be taken to the legality of the complaint on the ground that it ..... . banerjee is that the present proceedings are bad inasmuch as they have not been instituted by the liquidator himself as required by the provisions of the companies act. the argument is that the opposite party could not have been gladly authorised to prosecute the petitioner. there could not be any delegation of the authority to ..... suitable directions to prosecute, and yet the present proceedings were instituted without such prior order. reference is also made to some of the provisions of the companies act, 1956, and it is argued that they have not been complied with, and consequently the present proceedings pending against the petitioner are all liable to be quashed .....
Tag this Judgment!Court : Chennai
Reported in : AIR1958Mad220; [1957]32ITR439(Mad)
..... of british india, and the local governments and legislatures exercised their powers subject to central control by the governor-general in council. the government of india act, 1935, introduced provincial autonomy, and thereafter the center was disabled from interfering with the provinces (except in an emergency or breakdown) on topics of ..... quashing the proceedings before the commission. the supreme court accepted the petition and holding that section 5(1) of the taxation on income (investigation commission) act, 1947, was ultra vires the constitution directed a writ of prohibition, by its judgment on 12th october, 1954, to issue against the commission proceeding further ..... its place in the scheme of the government of india act, 1935, we shall here set out the provision in full.section 173 occurs in chapter iii, part vii, bearing the caption 'property, contracts, liabilities and suits.' section 172 with which that chapter opens, distributed lands and buildings, which were theretofore vested .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All1; 1958CriLJ1
..... only does the law impose a responsibility upon the magistrate to follow these rules, but also as a matter of prudence a grave responsibility is cast on magistrates to act with reasonable care and caution in the matter of recording the confession of an accused person, more especially the statement of a child who was barely twelve years of ..... the police-officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer the provisions of the indian evidence act, 1872, section 161 or section 145, as the case may be, shall apply. the words 'if the court uses them for the purpose of contradicting such police-officer ..... , the provisions of the indian evidence act, 1872, section 161 or section 145, as the case may be, shall apply' are important and they regulate the procedure and the power which can be exercised about the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All671
..... out that it was not the contention of the respondents that we. should not entertain this appeal because the learned single judge in his discretion refused to exercise his powers. chapter 8, rule 5 of the rules of this court reads thus;'an appeal shall lie to the court from the judgment (not being a judgment in the exercise of ..... of having become the mouth-piece of a trade union--though it is alleged on behalf of the respondents that it is an unrecognised union and, therefore the petitioner has acted in a certain manner which has, apparently, not been liked by his officers at allahabad. the petitioner has, therefore, found himself in his present predicament. we are conscious that ..... control. in nank chand v. state of u. p., (s) air 1955 all 165 (b) and the full bench decision in aidal singh v. karan singh, 1957 all lj 389: ((s) air 1957 all 414) (c) it was held that an appeal lay from the decision of a learned single judge dismissing a , petition filed under article 226 of the constitution .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC676; (1958)IILLJ461SC; (1957)35MysLJ(SC)362; [1957]1SCR1052
..... take over the management of the ishwari khetan sugar mills ltd. it may be stated here that the act was amended in 1953 by act 26 of 1953. by that amendment, s. 17 was omitted and a new chapter, viz., chapter iiia, was inserted. this new chapter contained s. 18a under which the central government passed its order dated november 14, 1953. the order ..... validity of the two notified orders, one dated november 8, 1955, and the other dated november 7, 1956. by an order of the judge-in-chambers dated february 18, 1957, the petition for amendment and for urging additional grounds was directed to be heard along with the main petition under art. 32. but before that date, i.e., on ..... words 'two years' should be substituted. the effect of this latter order was that kedar nath khetan was to be in management of the mills up to november 7, 1957. the question is whether the order of november 7, 1956 was a valid order. the latter order is only an amendment of the earlier order. had the central government .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC694; [1957]1SCR1081
..... . (2) for the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in chapter ix-a of the indian penal code (act xlv of 1860). it is quite clear from the language of the section that any improper reception or refusal of a vote, or any ..... election. 13. learned counsel appearing for the petitioner in the second petition raised an additional point that the election commission by fixing the election on may 6, 1957, has arbitrarily deprived the members representing territorial constituencies like kangra and himachal pradesh of their right to exercise and enjoy other privileges of membership of parliament. this ..... before the term of office of the present president expired. 4. after the notification constituting the now lok sabha was published in the press on april 7, 1957, the petitioner in the first petition applied to the election commission for the supply of the nomination papers, which he eventually received at nagpur in the afternoon .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All767; (1957)IILLJ470All
..... correct. sub-para. i lays down that subject to the provisos thereto, every report received by the police of a cognisable offence shall be dealt with under chapter xiv of the code of criminal procedure, and that a case under the appropriate section shall be registered in the police station concerned. sub-para. ii refers to ..... agreement he decided that the applicant should be dealt with departmentally (vide annexure 'c' to the counter-affidavit).the trial of the appellant under section 7, police act, was then started as required by para. 488 of the police regulation. this contention is that the three sub-paragraphs of paragraph 486 of the police regulations are ..... superintendent of police which may result in discrimination and thus violates article 14 of the constitution.(iv) that the trial of the appellant under section 7. police act, was vitiated because the appellant was not allowed to produce his defence witnesses or the important documents on which he relied.(v) that in holding that the .....
Tag this Judgment!Court : Chennai
Reported in : (1957)2MLJ369
..... instance, have been evicted from their holdings between december, 1953 and september, 1955, or have been ousted from their holdings as a result of their sale under chapter vi of the act notwithstanding that they might fall within the definition of 'cultivating tenants.'28. we shall now summarise the effect of this discussion on the result of w.p.nos ..... in w.p. nos. 436 to 441 of 1955, that a record-of-rights had been prepared for the village in which the lands are situated under chapter xi of the estates land act in which these lands have been entered as the private lands of the landholder. learned counsel urged that under section 167 (3) of the estates land ..... , with or without compensation.if the ryot was in arrcar in regard to rents, under the estates land act there could be no eviction and there could be distraint or the holding could be brought to sale under chapter vlof the act either by summary process or by a regular suit in a rent court, the ryot having several opportunities to .....
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