Court : Mumbai
Reported in : (1943)45BOMLR31
..... to those observations, but this judgment must be clearly understood as not absolving the taxing authorities from meeting the contentions of the petitioner in appropriate proceedings in respect of the inquiry made for re-assessment. the decision of this court is only in respect of the two reliefs asked for in the present petition. by virtue of section 226 of ..... to the assessee, and when that course was objected to, he said that he would put the questions through the mouth of the income-tax officer who was conducting the inquiry, and was an. officer subordinate to him. now, it seems to me that that procedure was grossly irregular. the competent revenue authorities, i will assume, had assigned the ..... a writ of certiorari can properly issue to challenge the validity of an income-tax assessment purporting to be made under the indian income-tax act.5. we were referred to a decision of a single judge of the madras high court in k.r.m.t.t. thyagaraja chettiar v. the collector (1935) 4 i.t.r. 56 in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom77; [1943]11ITR172(Bom)
..... those observations. but this judgment must be clearly understood as not absolving the taxing authorities from meeting the contention of the petitioner in appropriate proceedings in respect of the inquiry made for re-assessment. the decision of this court is only in respect of the two reliefs asked for in the present petition. by virtue of section 226 of ..... to the assessee, and when that course was objected to, he said that he would put the questions through the pitch of the income-tax officer who was conducting the inquiry, and was an officer subordinate to him. now, it seems to me that that procedure was grossly irregular. the competent revenue authorities, i will assume, had assigned ..... a writ of certiorari can properly issue to challenge the validity of an income-tax assessment purporting to be made under the indian income-tax act.we are referred to a decision of a single judge of the madras high court in k.p.m.t.t. thyagaraja chettiar v. the chettiar, in which it was held that the court .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom167; (1943)45BOMLR215
..... in this country if it were suggested that such a course could be taken with impunity.4. the first question to decide is whether the mahalkari in making this inquiry was acting in a judicial capacity. it is not disputed that the evidence of witnesses given in a court of law is absolutely privileged, and the principle has. been ..... referred, go too far, and cannot be reconciled with the decision of the privy council in o'connor v. waldron (supra).8. in my opinion, the learned district judge was wrong in holding that these statements were entitled to an absolute privilege, and, in view of the finding that they were untrue and malicious, no qualified privilege can ..... statement of a potential witness, which may subsequently be repeated in the witness-box, is entitled to absolute privilege.5. to my mind, the principle which the learned district judge endeavoured to extract out of watson v. m'ewan (supra) is inconsistent with the decision of the privy council in o'connor v. waldron [1935] a.c. 76 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad735; (1942)2MLJ718
..... calling of the strike was to remedy what the petitioners and others considered to be an arbitrary exercise of the employers' power of dismissal without a fair inquiry and without giving a reasonable warning to the worker. the evidence indicates that the petitioners interviewed the collector of vizagapatam even before the strike was declared, ..... union seems to have thought that she ought to have been given two or three warnings before she was dismissed and that she was dismissed without a proper inquiry. these omissions, the union considered, wore very objectionable, and if repeated would affect the interests of the whole body of workers. a strike was therefore ..... rules and sentenced by the joint magistrate of vizianagaram to nine months' rigorous imprisonment each. in appeal to the sessions judge, these convictions were confirmed as well as the sentences.2. the prejudicial act alleged to have been committed by the petitioners was the bringing about of a strike by the mill workers and thereby .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal266
..... lordships think that the absence of that care and attention which ought to have been shewn with reference to this document, and the absence of contemporaneous inquiry whether there had or had not been a publication of this notice, as required by the regulation, have created the very difficulty which the regulation was ..... , as declare that the sale of patni taluks and saleable tenures, shall be conducted by the begistrar or acting begistrar, or in their absence by the judge or magistrate, and which require the judge to perform other acts preparatory to, or connected with, the sale of such talooks or other saleable tenures, are hereby modified, ..... is incurred by neglect, omission, or refusal to perform statutory duties. this question usually resolves itself into the inquiry whether the provision is mandatory or directory. if it is directory, the disobedience to the act does not entail any invalidity. if it is mandatory, disobedience entails serious legal consequences amounting to the invalidity .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal1
..... of the property; (b) for the rent or mesne profits which have accrued on the property during a period prior to the institution of the suit or directing an inquiry as to such rent or mesne profits; (c) directing an enquiry as to rent or mesne profits from the institution of the suit until (i) the delivery of ..... that is, (1) mesne profits anterior to the suit, (2) mesne profits pendente lite and (3) mesne profits thereafter till recovery of possession. the learned additional subordinate judge decreed the claim for possession by his judgment dated 20th may 1925. in that judgment he observed thus:as the principal defendants, other than defendants 15 to 18, 60 and ..... oral evidence on the point is conflicting but we give preference to that adduced by the plaintiffs and find that sarat, jadu and the tenants of jadu had acted in concert and had wrongfully combined in dispossessing the plaintiffs and in keeping them out. on this footing the contention of kalidas rakshit that the proper measure of .....
Tag this Judgment!Court : Mumbai
Reported in : (1942)44BOMLR433
..... appellate jurisdiction. the court expressed doubt whether it had jurisdiction to do so and opined that the practice in similar cases had been to apply to the judge exercising the original criminal jurisdiction of the court. it, however, did not decide the question observing that although the question of jurisdiction was one of considerable importance ..... its revisional jurisdiction.9. the original criminal jurisdiction of the high court is conferred upon it by clause 22 and 23 of the letters patent, and the judge presiding over the sessions exercises that jurisdiction in accordance with chapter xxiii of the criminal procedure code. when the high court is called upon to quash a commitment on ..... to withdraw that charge on the ground that there is no evidence to go to the jury and therefore the charge would fail. that is a judicial act which can only be performed by the court.15. i would, therefore, direct that an entry be made against the charges framed by the committing magistrate against .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad691; (1942)2MLJ479
..... evidence is in any respect untrue. he has confined himself to the contention that the district munsiff had no jurisdiction to frame charges against him or to hold an inquiry. he states that unless a charge is made by a person concerned, a court subordinate to the high court has no power to frame a charge against a ..... , pyapon, a.i.r. 1936 rang. 189. assists him. an examination of the judgment in that case shows that the complainant has misunderstood it. there the district judge of pyapon. framed a charge of professional misconduct against a practitioner because, while practising as a pleader, he was carrying on the business as a taxi-cab owner. the ..... to think that a pleader had committed misconduct in the course of his professional duty, the presiding officer of the court can under section 14 of the legal practitioners' act institute proceedings against him : and inquire into the alleged misconduct. that this is so is really not open to question.7. the complainant then says that, in any .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom9; (1942)44BOMLR814
..... municipality.7. if so, the question is whether the courts below were justified in granting the plaintiff his salary during the period of suspension. the learned assistant judge seems to have fallen into an error in assuming as i have stated that the officer under suspension was still in the service of the employer. wallwork v ..... of the plaintiff was wrongful. it was said that the evidence did not warrant a drastic action like dismissal. but upon that point the municipality was the sole judge. it was pointed out in manekji v. municipal commissioner of bombay (1929) 32 bom. l.r. 463 that where the procedure in dismissing a municipal servant ..... a municipality in dismissing its servants under the authority delegated under the municipal act is not open to review in a court of law, provided that the municipality has reasonably acted within its powers, that is, the grounds of dismissal are proved, that the inquiry against the servant is conducted in accordance with the principles of natural justice, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1942Bom279; (1942)44BOMLR666
..... lie from a decision of the district court on an inquiry under section 6c. obviously, if we can alter the findings of the district court, those findings are not final. i am ..... 6c at the instance of persons claiming to have an interest in the wakf, and it is difficult to see, in view of section 6f, which provides that a finding recorded under section 6c shall be final for the purposes of the act, how any appeal can ..... of the act. section 6g provides that a civil court of competent jurisdiction deciding any question relating to any wakf may direct that the court shall make such entries or amendments of entries in the register of wakfs relating to the said wakfs as are consequential upon its decision. the learned judge in this case was holding an inquiry under section .....
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