Court : Mumbai
Reported in : (1944)46BOMLR822
..... satisfied. although one ground mentioned by the petitioners in their petition may be wrong, it was open to the crown representative to make inquiries, and if he was satisfied that one of the conditions was fulfilled, it was open to him to grant a certificate. in ..... 27th ultimo which was handed over to mr. asar on the same day, we are told by him that he had made inquiries into the mutter and that if we accept the price of the above mills of rs. 12,50,000 and also the following ..... i have already found that defendant no. 1 in entering into the transaction of sale did not act as the agentof defendants nos. 2 and 3. the learned trial judge dismissed the suit against defendants nos. 2 and 3 on the ground that theywere agents of defendant ..... a sale and that that sale having been procured, by a conveyance, by the trustees, he is no longer liable. the learned judge in the courtbelow held in favour of this latter contention ; but he held further that the maharaja had failed to perform this obligation .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom150; (1944)46BOMLR123
..... to him or by himself exercising the powers of an assistant commissioner, and on receipt of the record the commissioner may make such inquiry or cause such inquiry to be made and, subject to the provisions of the act, may pass such orders thereon as he thinks fit. then there is a proviso that he shall not pass any order prejudicial ..... same position as formerly, is not an order prejudicial to the assessee. but in sreeramulu v. commissioner of income-tax, madras[1939] mad. 358 a bench of five judges of the madras high court overruled or purported to overrule that decision, and held that an order of the commissioner upholding an order of an income-tax authority subordinate to ..... justice, who gave the judgment of the court, professed to distinguish the decision of the full bench of the madras high court, but he held, and the other judges agreed with him, that there was no ground for a reference under section 66(2) inasmuch as the order of the commissioner was not an order prejudicial to the .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR54
..... to on the strength of the conclusions arrived at by specially appointed officers in what have now proved to be non-judicial inquiries, and it was open to the governor general to act upon the result of those inquiries to make up his mind as to what was necessary for the peace and good government of british india. the power to ..... ii of 1943 was ultra vires and invalid as to sections 5, 10 and 16, and the effect of that decision was that all the convictions by the special judges appointed under that ordinance were invalid, and necessarily all the sentences passed were also invalid. on june 5, that is the day after the federal court's decision, ..... says : ' confirmation and continuance, subject to appeal, of sentences.' to bring the section into effect it must be assumed that there was a notional trial before a notional judge and in a manner competent under the code of criminalprocedure. the whole machinery which imposed the sentence has been swept away, and yet the sentence is to have effect as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1944Cal17
..... above sections; it may quash proceedings on the ground that they are mala fide and constitute an abuse of the process of the court; it may direct a further inquiry into a complaint dismissed by a magistrate under section 203.65. the powers of the revisional court are therefore not bounded by section 439 (1). that section merely empowers ..... follows: sub-section (1)-dismissal of any appeal after hear, ing. sub-section (1) (a)-in appeals against acquittal the reversal of the acquittal: the ordering of a further inquiry, a retrial or a committal, conviction and sentence; (b) in appeals against conviction: the reversal of the finding of conviction, the altering of the finding of conviction, the reversal ..... , it is a mistake to lay down any rules with a view to indicating the particular grooves in which the discretion should run, for if the act or rules did not fetter the discretion of the judge why should the court do so? gardner v. jay (1885) 29 ch. d. 50 at p. 58.), and in the same spirit we .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal594
..... into his complaint. no further evidence was heard by the sessions judge but he made this comment:it seems to me, however, that if the facts be as stated in ..... the petition of complaint and in the initial deposition to say that the superintendent acted or purported to act in the discharge ..... act in the discharge of his official duties and that therefore the accused could not be prosecuted without the previous sanction of the local government under section 197, criminal p.c. at this stage no evidence other than that of the complainant was heard by the magistrate. the complainant thereupon moved the district and sessions judge of murshidabad for a further inquiry .....
Tag this Judgment!Court : Mumbai
Reported in : (1943)45BOMLR962
..... to be recalled, and his evidence taken de novo before the new magistrate, the learned magistrate has refused his application, and the refusal was upheld by the learned additional sessions judge.3. the question turns entirely on the construction of section 350 of the criminal procedure code, the question being when, in a warrant case, a trial commences. does it commence ..... succeeded by another magistrate who has and who exercises such jurisdiction, the magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself; or he may resummon the witnesses and recommence the inquiry or trial. then there is a proviso that in any trial the accused may, when ..... john beaumont, kt., c.j.1. this is a revision application against an order made by the additional sessions judge of poona, the question, which arises, is one which has led to some difference of opinion amongst the high courts in india.2. the facts are that the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom246; (1944)46BOMLR417
..... the complaint the high court shall, if it does not summarily reject the complaint, refer the case for inquiry either to the bar council or, after consultation with the bar council, to the court of a district judge and may of its own motion so refer any case in which it has otherwise reason to believe that ..... affidavit of alleged charges attached, forwarded to the registrar of the incorporated law society, in accordance with form i in the schedule of the rules under the solicitors act, 1888, is so essential a step in a judicial proceeding that statements in such letter or affidavit will be absolutely privileged. if such a letter of complaint ..... misconduct. thereupon the municipality authorised its chief officer to present a petition to the high court for taking action under disciplinary jurisdiction as provided in the bar councils act, and accordingly on april 6, 1936, the chief officer sent a petition to the high court. that petition was supported by the affidayit of the chief officer .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad67; (1943)2MLJ510
..... ground that the claims of the contesting defendants for rateable distribution were not barred by the law of limitation as the plaintiff had contended the plaintiff says that the subordinate judge here erred and should have granted the decree sought. the question is one of considerable importance and there are no reported decisions which are directly in point, although ..... sidhraj bhojraj v. alli haji i.l.r.(1922) 47 bom. 244 the bombay high court held that when there had been an adjudication under the presidency towns insolvency act and the adjudication order was subsequently cancelled, the time during which the insolvency proceedings were pending could not be deducted in computing the period of limitation for a suit instituted ..... for leave to sue, and if his claim is such that it will be better to decide it in a regular suit than in the course of the inquiries to be made by the receiver, the court will grant the request. the injunction or order contemplated by section 15(1) of the limitation .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom189; (1944)46BOMLR389
..... pointed out in michal abrahams, sons & co. v. buckley [1924] 1 k. b. 903 in such a case the solicitor must prove, amongst other things, that he acted on reasonable grounds, made adequate inquiries, and showed proper diligence and full care. the solicitor here never went into the box, and never attempted to prove that he had fulfilled those conditions, except by ..... revision to say that the trial judge had not directed his mind to the right point, and, there being no sufficient evidence that the solicitor had incurred costs as a matter of necessity for the wife, the ..... for the wife. it is no doubt possible that the evidence given in the divorce court may be enough for the solicitor's purpose, but that is unlikely if the judge in divorce has not given solicitor and client costs. in this case i think that evidence was not enough.4. in my view the full court were entitled in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal489
..... chief presidency magistrate, or elsewhere to the sub-divisional magistrate, who may either, (i) inquire into or try the case himself or (ii) transfer the case of inquiry or trial to any magistrate subordinate to him-in accordance with the code of criminal procedure, 1898 (5 of 1898).5. indemnity. - no suit, prosecution or other ..... some of them also being found guilty of conspiracy but sentenced to lesser terms of imprisonment or else bound over.2. the applicant appealed to the special judge - a sessions judge - under the ordinance at jessore who, on 26th february 1943 dismissed his appeal and at the same time allowed the appeal of some of the others ..... law will be narrowed down to an investigation of whether any provision of the penal code or evidence act has been infringed. what has been said above will indicate that the position of per. sons sentenced by special judges and special magistrates has been considerably worsened by the new ordinance. the position with regard to persons tried .....
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