Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Court: privy council Year: 1937 Page 1 of about 39 results (0.023 seconds)

Shri Kamala Vahuji Maharaj Vs. the Collector of Bombay

Court : Mumbai

Reported in : (1937)39BOMLR1046

..... or lost grant.9. counsel for the appellant referred first to bombay regulation i of 1823 which in its preamble recites inter alia that ' it is expedient that the enjoyment of exemption from revenue for a period of sixty years should in certain ..... it in the tenure column is 'o' it further appears that the question of the assessibility of the property was raised in 1913 when, after inquiry, the department minuted in the following year that ' the land cannot be assessed since it is held without assessment for more than sixty years under g ..... plaintiff and granted her a declaration as craved. on august 2, 1933, the high court of judicature at bombay reversed the decree of the revenue judge and dismissed the suit. hence the present appeal.3. the only question before their lordships is whether the appellant is entitled to total exemption from assessment ..... vi of 1833. in 1863, chapters ix and x of regulation xvii of 1827 and regulation vi of 1833 were repealed by section 1 of the bombay act vii of that year which substituted in section 21 a similar provision requiring claims to exemption from payment of land revenue in virtue of ..... lost grant conferring it must be presumed. if so, her right, in order to be effectual, must, in terms of section 8 of the 1876 act, have been ' established and preserved.' without pausing to consider the meaning of these words, their lordships proceed to examine the claim as founded on prescription .....

Goswamini Shri Kamala Vahooji Maharaj of Kutch Mandvi, Vs. Collector o ...

Court : Privy Council

..... lordships proceed to examine the claim as founded on prescription or lost grant. counsel for the appellant referred first to bombay regulation 1 of 1823 which in its preamble recites inter alia that: it is expedient that the enjoyment of exemption from revenue for a period of 60 years should in certain ..... it in the tenure column is "o." it further appears that the question of the assessibility of the property was raised in 1913 when, after inquiry, the department minuted in the following year that the land cannot be assessed since it is held without assessment for more than 60 years under g. ..... plaintiff and granted her a declaration as craved. on 3rd august 1933, the high court of judicature at bombay reversed the decree of the revenue judge and dismissed the suit. hence the present appeal. the only question before their lordships is whether the appellant is entitled to total exemption from assessment ..... regulation 6 of 1833. in 1863 chaps. 9 and 10, regulation 17 of 1827, and regulation 6 of 1833 were repealed by s. 1, bombay act 7 of that year which substituted in s. 21 a similar provision requiring claims to exemption from payment of land revenue in virtue of prescription ..... 1926, the collector of bombay addressed to the appellant a notification that the government had been pleased to sanction, under s. 8, bombay city land revenue act of 1876, the assessment of certain property in bombay belonging to her described as "land at bora bazar street, bearing n. s. [new survey] no. .....

T. Rajagopala Aiyanagar Vs. the Collector of Salt Revenue

Court : Chennai

Reported in : AIR1937Mad735; 173Ind.Cas.251; (1937)2MLJ189

..... costs.17. cornish, j.--i am of the same opinion rule 55 of the civil services rules provides for the case of a departmental inquiry into charges against a government servant, who is subject to the rule, independently of the formal and public inquiry which might be held under the public servants inquiry act. the rule contains a safeguard ..... conducting the enquiry, and he also contends that the words of rule 55 are not either expressly or by implication clear enough to support the learned trial judge's view and that if there is any ambiguity in the words, the benefit should be given rather to the person charged than to the respondent. ..... put in a written statement of his defence and to state whether he desires to be heard in person. here follow some words which the learned trial judge considers have a very material bearing upon the question, namely:if he so desires or if the authority concerned so direct, an oral enquiry shall be held ..... under rule 55 and upon this point we have had addressed to us a very careful and learned argument by mr. jayarama aiyar. the learned trial judge has to a large extent based his view upon the words of rule 55, and it is that the rule contemplates an enquiry by some other ..... power of delegation the enquiry must be held by the authority imposing the penalty and as regards the words of rule 55 i think that the learned trial judge's view is correct. i should also add, although this is not a guiding test, that it has not been the practice for such enquiries to .....

Sm. Indumati Devi Chowdhuri Vs. Bengal Court of Wards

Court : Kolkata

Reported in : AIR1938Cal385

..... 1027. the question therefore is whether the court of wards in making a declaration under section 6 (a), court of wards act is acting judicially. if it is so acting, there can i think be no doubt that the person to be affected by the declaration is entitled to notice. as in all these cases, ..... the validity of his order, he was competent to try, assumes that, having general jurisdiction over the subject matter he properly entered upon the inquiry, but miscarried in the course of it. the superior court cannot quash an adjudication upon such an objection without assuming the functions of the court ..... facts or a fact to be adjudicated upon in the course of the inquiry, it is obvious that conditions of the last differ materially from those of the three other classes. objections founded on the personal incompetency of the judge or on the nature of the subject matter or on the absence of ..... that motive. in my opinion however this is no justification for saying that an order of the court of wards declaring a female a disqualified proprietor under section 6 (a) is a matter concerning the revenue or an act done in the collection ..... exercise of that power. i assume that it is historically correct to say that the motive of government in instituting and maintaining a court of wards was to safeguard estates from mismanagement and consequent inability to pay revenue, although my attention has not been drawn to any preamble or section which indicates .....

E.B.M. Company, Ltd. Vs. Dominion Bank

Court : Privy Council

..... for taking as security for the personal indebtedness of three directors of a limited company, a charge on property of that company without any inquiry and without satisfying themselves that the seal of the company had been affixed to the security in such circumstances as to make the security ..... the plaintiff, with which they were so intimately associated in the business in which they were both engaged. the learned judge, however, seems to have overlooked the all important facts, (1) that even if it were the fact (of which their lordships can find no evidence) that the old company was ..... (contrary to their lordships' opinion) some benefit did accrue to the old company from the transaction, the overriding fact remains that the old company (acting through its directors and not by its share-holders in general meeting) purported to apply its property for the benefit of those directors. in such ..... he held, however, that the impeached transaction was intra vires the company upon the following grounds: that under its letters patent and dominion companies act the company had power to join with the three partners as co-adventurers; that the evidence established that the company and the three partners were ..... branches, and for other purposes and objects enumerated in the letters patent. it also possessed all the powers conferred by s. 32, dominion companies act. the old company carried on its business as brewers until june 1927. its share-holders at all relevant times were five in number, viz., .....

Emperor Vs. Desaibhai Khushalbhai Patel

Court : Mumbai

Reported in : (1937)39BOMLR1056

..... madras case was that government had delegated the power of selecting charges without satisfying itself that the facts justified a prosecution. the position is quite different in this case. the preamble to the government resolution in which the sanction is given sets out the whole of the facts. the sanction was given for a prosecution for the offence which those facts ..... by the omission to verify the complaint afresh, and no objection was taken to the jurisdiction of the magistrate after the sanction of government had been obtained and the committal inquiry really commenced. the objection taken at the time of the bail application was to the prosecution going on without the sanction of government. it was never suggested that it ..... the first class magistrate, matar, must be treated as one continuous proceeding, the whole of which is vitiated by the omission to obtain previous sanction. the learned additional sessions judge in his order dealing with this point has expressed the opinion that cognizance is not taken within the meaning of section 197 until the magistrate commences to take evidence and ..... -commencing the proceedings should have again examined the complainant and verified his complaint instead of merely taking on record the complaint verified by his predecessor. on the other hand, i cannot regard this as anything but a purely technical irregularity which does not vitiate the proceeding. for all practical purposes the proceedings commenced afresh after the transfer of the case .....

Desaibhai Khushalbhai Patel Vs. Emperor

Court : Mumbai

Reported in : AIR1938Bom50; 172Ind.Cas.873

..... madras case was that government had delegated the power of selecting charges without satisfying itself that the facts justified a prosecution. the position is quite different in this case. the preamble to the government resolution in which the sanction is given sets out the whole of the facts. the sanction was given for a prosecution for the offence' which those ..... by the omission to verify the complaint afresh, and no objection was taken to the jurisdiction of the magistrate after the sanction of government had been obtained and the committal inquiry really commenced. the objection taken at the time of the bail application was to the prosecution going on without the sanction of government. it was never suggested that it ..... the first class magistrate, matar, must be treated as one continuous proceeding, the whole of which is vitiated by the omission to obtain previous sanction. the learned additional sessions judge in his order dealing with this point has expressed the opinion that cognizance is not taken within the meaning of section 197 until the magistrate commences to take evidence and ..... before recommencing the proceedings should have again examined the complainant and verified his complaint instead of merely taking on record the complaint verified by his predecessor. on the other hand i cannot regard this as anything but a purely technical irregularity which does not vitiate the proceeding. for all practical purposes, the proceedings commenced afresh after the transfer of the .....

Ramsomappa Bhimrao Desai Vs. the Secretary of State for India in Couns ...

Court : Mumbai

Reported in : AIR1937Bom465; (1937)39BOMLR851

..... made by the government officers prior to the granting of that sanad. the collector in the report which he made, and which is referred to in the preamble to government resolution no. 7276/24, dated february 16, 1927, (exhibit 103 in this case), states that the gordon sanad settling this desgat watan was issued ..... 1872; but in order to construe that sanad it is necessary to know the circumstances which existed at the date when it was granted. the learned judge in the court below dealt with the history of the plaintiff's claim in much detail, and we have been referred to a large number of documents ..... assessment, the possession of which is not continuable under the preceding rules, is to be resumed on the demise of the incumbent.7. i have no doubt that the commissioner acted under that rule, and held that the claim of venkatrao and his predecessors had not been continuous. the learned government pleader contends that the ..... xvii of 1827 as to suppose that interference with actual possession is allowable.' it is, therefore, clear that government have never considered that under the inam act they were entitled to interfere with actual possession. all that they could deal with was the claim of certain persons to hold lands free from the ..... john beaumont, kt., c.j.1. this is an appeal by the plaintiff against a decision of secretary the first class subordinate judge of bijapur. the plaintiff in the suit claims of to be the watandar of certain immovable properties described in schedules a, b and .....

Bhagat Raj Vs. Mt. Gurai Dulaiya and anr.

Court : Allahabad

Reported in : AIR1938All49; 173Ind.Cas.669

..... in revision was dismissed. it was a case where there had been a complaint under section 500, i.p.c., where there had been a discharge and an application before the sessions judge that be should direct a further inquiry under the provisions of section 436, criminal p.c. toe decision in narayan v. seshayya ( ..... instituted because a complaint had been made against the plaintiff under section 107, criminal p.c., on 20th august 1932. the learned magistrate made an inquiry and came to the conclusion that there was no sufficient ground to bind the plaintiff over. he therefore passed an order on 12th november 1932 that ..... so barred if the period began to run from 9th january 1933. the rule of limitation is to be found in article 23 of schedule 1, lim. act. it is there said that the period of limitation for suits for compensation for malicious prosecution shall be one year from the date when the ..... that the case in narayan v. seshayya (1900) 23 mad. 24 might be distinguishable. the question 'whether the provisions of article 23 of schedule 1, lim. act, were to the effect that the period of limitation for a suit for damages for malicious prosecution should begin on the date of the acquittal and ..... plaintiff is acquitted or the prosecution is otherwise terminated.2. the argument of the learned judge of the lower appellate court was that the plaintiff had .....

Balaramcharya Swamiracharya Rajpurohit Vs. Chidambaragauda Ramchandrag ...

Court : Mumbai

Reported in : AIR1938Bom320; (1938)40BOMLR416

..... court executing a decree and not by separate suit (namely) :-(a) questions regarding the amount of any mesne profits as to which the decree has directed inquiry ;(b) questions regarding the amount of any mesne profits or interest which the decree has made payable in respect of the subject-matter of a suit, between ..... rule 12, and as the high court has directed the subordinate judge to deal with this inquiry in execution, and to treat the ascertainment of these mesne profits as being a question arising in execution, i must treat the order made by the subordinate judge as an order made under section 47, and therefore the stamp ..... the proper court-fees on that appeal it is argued for the appellant that the case falls under the second schedule, item 11, of the court-fees act, which provides that the court-fee on a ' memorandum of appeal when the appeal is not from a decree or an order having the force of ..... appeals from orders under section 244 of the old code was limited to orders under sub-clause (c) of that section. the question, therefore, which i have to decide is whether the order under appeal in this case is an order under section 47 of the civil procedure code. it is to be noticed ..... john beaumont, kt., c.j.1. this is a reference made to me by the taxing officer under section 5 of the court-fees act, 1870, and the difficulty arises in this way. in a suit before the first class subordinate judge of dharwar the learned judge directed that the plaintiffs do recover mesne profits from the .....