Court : Chennai
Decided on : Dec-15-1937
Reported in : AIR1938Mad347; (1938)1MLJ285
..... , consisting of phillips and madhavan nair, jj., held that where a guardian has been discharged and has filed his accounts the court cannot hold an inquiry under the act into the correctness of the accounts and determine the amount or the property in respect of which the guardian is accountable. the correctness of this decision ..... can be brought against him it should exercise the power which it has of discharging the guardian. in this case the learned district judge has come to the conclusion that the respondent acted properly and has granted him discharge. consequently the order is not open to question in revision proceedings.8. the two petitions before ..... appointment ceased on the first petitioner attaining majority in december, 1931. on this event happening, the respondent filed a petition in the court of the district judge of tinnevelly asking that he be discharged from his guardianship. thereupon the petitioners filed two counter-petitions. in one they asked the court to assign the bond .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-02-1937
Reported in : AIR1938Cal17
..... sub-section (4), but such temporary order can be made only pending an appeal under section 520. in this view, assuming section 517 applied, the order of the sessions judge could not obviously be justified in so far as it allowed the complainant to retain custody of the bull pending the decision of a competent civil court. the order of ..... rs 50. i am informed the animal has been since removed to the pinjrapole at sodepur where it is being maintained at the complainant's cost. the learned sessions judge permitted himself to make certain observations in his order to which strong exception is taken on behalf of the petitioner. this is what he said:in the present case, ..... a final report under section 173: this was a stage prior to the commencement of an inquiry or trial, as sub-section (4) of this section would show. it was on this report that an inquiry or trial could be started. the police really acted under section 169, as it did not appear to them that there was sufficient evidence or .....
Tag this Judgment!Court : Privy Council
Decided on : Apr-15-1937
Reported in : AIR1937PC223
..... satisfactory explanation. as regards the explanation which mr. mody asked for it should be added that he was clearly in a position which required him to make inquiries as to every matter touching discipline and the rightful conduct of business. to take a strong illustration, suppose that there was ground for thinking that an official ..... the life insurance department, and that he was entitled to resent any action by the managing governor in supervising that department as being officious and intermeddling. the trial judge, however, refused to accept this view. the respondent was driven to admit in the course of cross-examination that the secretary, a mr. iyer, had to ..... , was sufficient to justify his dismissal. on the one hand it can only be in exceptional circumstances that an employer is acting properly in summarily dismissing an employee on his committing a single act of negligence; on the other, their lordships would be very loath to assent to the view that a single outbreak of bad .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-12-1937
Reported in : AIR1937Cal233
..... examination of witnesses on oath. in fact, this procedure is followed almost every day. the learned judge assuming that he had jurisdiction, would, therefore, have acted quite legally if he had accepted the sureties without holding any inquiry or examination of witnesses on oath. we, therefore, have to determine whether this is a case in which we ought to interfere. under the ..... refused to accept these sureties the accused persons would have a right of appeal to the district magistrate. it seems to me a strong thing to say that because the judge did not hold any inquiry as to the fitness of certain persons who were willing to stand sureties we ought to interfere with the order of the ..... judge and start the whole thing over again. it should be plain that the only point which the magistrate had to determine was whether these persons were fit persons. he .....
Tag this Judgment!Court : Chennai
Decided on : Feb-11-1937
Reported in : AIR1938Mad215
..... and section 47 be read together, then if the decree-holder seeks to make the surety liable, it is open to the surety to raise objections to executability, and the inquiry of the court into the question raised between the decree-holder and the surety is one under section 47 and is therefore appeal able. section 145 in terms applies only ..... the c.r.p. against the order of the district munsif. the only question that has been argued in the appeal against appellate order is whether the learned judge was right in holding that no appeal lay. the security bond runs thus :so, is accordance with the said order, i have this day deposited (the amount) in this court ..... out of the said security amount. if the plaintiff's suit is dismissed, and if defendants 1 and 2 should properly render accounts till the disposal of the suit and act justly, i alone shall receive the said amount with interest after this security bond having been cancelled.2. it is argued on behalf of the respondent that the appellant was .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-10-1937
Reported in : AIR1938All8
..... to which the rightful owner of the property is entitled is not fixed either by an agreement or by some statute and depends on the result of the inquiry conducted by the court with a view to ascertain the amount which the rightful owner of the property is entitled to get from the person in wrongful possession ..... on 11th november 1935, but prior to that date champa devi had filed an application under section 4, encumbered estates act, and the collector had, under section 6 of the act, forwarded her application to the special judge on 26th september 1935. it appears that the fat that the collector had forwarded champa devi's application under the ..... behalf of champa devi that as the amount of mesne profits was ascertainable and could be fixed after proper inquiry, it could not be characterized as 'unliquidated damages', and therefore amounted to a debt within the meaning of the act as it constituted a pecuniary liability on the defendant. in our judgment this argument is untenable. 'mesne .....
Tag this Judgment!Court : Kolkata
Decided on : May-26-1937
Reported in : AIR1937Cal697
..... present stage.20. in the present case, as it seems to me, the learned commissioner was very much in the same sort of position as the learned county court judge in the case to which i have just referred. if anything, he was in a worse position because here neither side adduced any evidence at all. so the ..... . in that case the workman (a painter) claimed compensation for a strain to his heart which he said occurred whilst he was at work on a scaffold. the judge accepted the applicant's evidence as to the nature of the accident and the manner in which it happened and admitted as evidence, although objection was made, three certificates ..... (3) says:any commissioner may, for purpose of deciding any matter referred to him for decision under this act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry.18. mr. bhattacharjee in elaborating his second and subsidiary point (ground no. 2) sought to argue that .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-09-1937
Reported in : AIR1937Cal468
..... filed by the secretary of state, they raised a dispute about the amount of their liability under the decree and the certificate officer thereupon, after making certain inquiries, received rs. 1,60,000 in full satisfaction of the decree. it was however admitted by the learned advocate appearing on behalf of the judgment-debtors ..... are collusive, (c) that the attaching certificate holder has no right to adjust the decree in the manner alleged by the judgment-debtor. the learned subordinate judge has overruled these objections and has recorded the adjustment on the following findings: (1) that the original decree-holder, namely the appellant, had no subsisting interest ..... that the attaching certificate holder, namely, the secretary of state for india in council, by virtue of the attachment under section 19, public demands recovery act, acquired all the rights of the appellant to adjust and grant satisfaction of the attached decree inasmuch as the amount due on the decree under execution was .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-10-1937
Reported in : AIR1937Cal603
..... as the corporation may think fit relating to matters affecting their respective districts, and may also from time to time, by specific resolution, refer to them for inquiry and report or for opinion such matters relating to such districts as the corporation may think fit.25. it follows therefore from the provisions of section 71 read ..... -law 13 is: 'as i say, none has been framed under the section of the new act, section 377'. it is to be observed that the plaintiff in his memorandum of appeal has not challenged the decision of the learned judge touching the construction which ought to be placed on that bye-law. our task in deciding this ..... of 1923). section 71, calcutta municipal act 1923, in sub-section (1) provides:the corporation may each year appoint standing committees and, by specific resolution, delegate any of their functions, powers or duties to such committees and may also from time to time, by a like resolution, refer to them for inquiry and report, or for opinion, such .....
Tag this Judgment!