Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Sorted by: recent Court: privy council Page 26 of about 1,265 results (0.034 seconds)

C.P. Matthen Vs. the District Magistrate of Trivandrum

Court : Mumbai

Reported in : (1939)41BOMLR1119

..... by the rules. for instance, rule 4 provides that the political agent shall, in all cases before issuing a warrant under section 7 of the act, satisfy himself, by preliminary inquiry or otherwise, that there is, prima facie, a case against the accused person. the appellants do not suggest that the resident did not so ..... stodart jj. dealt with petition no. 985, which came before them under the direction of the chief justice. after hearing arguments and considering the affidavits, the learned judges delivered judgment and made an order dismissing the petition.16. this appeal is taken against (1) the judgment of the full bench, dated november 4, 1938, on ..... respondents-the present appellants-maintained two arguments : first, that in a criminal matter, such as this one, there was no right of appeal; but the learned judges held that the court was entitled to entertain the petition by virtue of section 561a of the criminal procedure code. in the second place, the respondents objected to the locus .....

G.A. St. George Vs. Uma Dutt Sharma

Court : Allahabad

Reported in : AIR1939All602

..... begum sarai had made a commitment to the court of session under section 446 of the code without holding any preliminary inquiry under ch. 18 of the code. the learned judges quashed the conviction and directed a preliminary inquiry by the sub-divisional magistrate before ordering a, commitment. in the present case, as stated above, the magistrate ..... the district magistrate is that the magistrate had no authority to commit the accused to the court of session. the only course open to him under the act was to return the complaint to the complainant to be presented to a magistrate having jurisdiction to entertain it. the contention of learned counsel for the complainant ..... taken by the applicant to show that the magistrate had no jurisdiction to try him. after a preliminary inquiry the magistrate accepted the allegation of the accused that he was a european british subject and purporting to act under the provisions of section 446, sub-clause (1), committed the accused for trial to the court of .....

Abdul Subhan and anr. Vs. Emperor

Court : Allahabad

Reported in : AIR1940All46

..... is unfair to the trial court. the prosecution places before it one version of the affair. before the case has been placed before the judge the prosecution, as a result of some kind of inquiry made by it, come to the conclusion that the version put before the court is possibly not true.15. but the prosecution produces only ..... case which has given rise to criminal appeal no. 523 of 1938 abdul subhan, accused, alone was prosecuted under section 19(f), arms act. he has been held guilty by the learned sessions judge and has been sentenced to two years rigorous imprisonment. in both the cases the convicted persons have preferred appeals against their convictions and sentences. ..... case must fail as against subhan, accused, as well. the judgment then proceeded.) coming to the appeal of subhan against his conviction under sec. 19(f), arms act, we may remark that the whole case depends on the evidence produced in the case as regards the recovery of guns and ammunition from this accused. as we have .....

R.V. Rajarathna Chettiar Vs. Shari Shaick Mahboob Sahib and ors.

Court : Chennai

Reported in : AIR1940Mad106

..... it follows that the account which has been taken of the advances will have to be reopened. the respondents have asked that in the course of the further inquiry the trial court should be directed to examine the sums provided by the appellant for litigation expenses and reject all amounts not shown to have been reasonably required ..... moneys advanced for the expenses of the previous suit. the official referee took the account on the basis of actual expenditure and having received the report the learned judge passed a decree against the respondents for rupees 10,733-3-11. of this sum, rs. 4727-9-9 represented advances by the appellant for the expenses ..... and interest. the learned advocate for the appellant also drew our attention to three cases in which interest had been, allowed in respect of claims falling within section 68, contract act : phalram v. aiyub khan : air1927all55 , sri nath v. jagannath : air1930all292 , and watkins v. dhunnoo baboo (1881) 7 cal. 140. in none of these cases .....

Bhola Nath and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1939All567

..... to grant a pardon. in my opinion lit is no part of the duty of the magistrate to take upon himself the task of making a thorough and searching inquiry in order to find out whether the offence which has been committed by the person is one which will be triable by the court of session or by a magistrate ..... 401, 435 and 477-a, the district magistrate, a presidency magistrate, a sub-divisional magistrate or any magistrate of the first class may, at any stage of the investigation or inquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the ..... such witness is produced and examined, be treated as evidence in the case for all purposes subject to the provisions of the evidence act, 1872.16. the learned assistant sessions judge, in my opinion, was competent to admit in evidence the statement made by the approver in the court of the committing magistrate and to treat it as evidence. it was .....

C.P. Matthen and Others Vs. District Magistrate, Trivandrum and Anothe ...

Court : Privy Council

..... by the rules. for instance, r. 4 provides that the political agent shall, in all cases before issuing a warrant under s. 7 of the act, satisfy himself, by preliminary inquiry or otherwise, that there is, prima facie, a case against the accused person. the appellants do not suggest that the resident did not so satisfy himself ..... stodart jj. dealt with petition no. 985, which came before them under the direction of the chief justice. after hearing arguments and considering the affidavits, the learned judges delivered judgment and made an order dismissing the petition. this appeal is taken against (1) the judgment of the full bench, dated 4th november 1938, on the ..... it has been issued in contravention of the rules in force in the high court in england ? in stating their reasons for the order of reference the learned judges dealt with the contentions submitted to them as follows : the petitioner, respondent 1 in this appeal, submitted three contentions: in the first place, that the high .....

Firm Moti Lal Raghubar Dayal Vs. Bombay Port Trust Railway and anr.

Court : Allahabad

Reported in : AIR1939All649

..... all to the principal question raised by the plaintiff in his plaint that the rate mentioned in the r/rs was quoted by the defendants upon his inquiry and as he had acted upon that assurance and had consigned the goods on that basis the defendants were not entitled to alter that rate to his disadvantage. hence the present application ..... despatching station. the same conclusion was arrived at in the two cases of this court referred to above which have been relied upon by the learned small cause court judge. i therefore reject the applicant's contention and hold that his claim is barred by time so far as it relates to the first consignment. the plaintiff is, however ..... . they have further offered to refund the sum of rs. 5 which they charged for demurrage in respect of the third consignment.3. the learned small cause court judge has accepted the defendants' plea of limitation in respect of the first consignment and has also held that the correct rate chargeable on the goods in question was the .....

Vudaru Pedda Pulla Reddi Vs. Peddugari Chinna Venkata Reddi and ors.

Court : Chennai

Reported in : AIR1939Mad667; (1939)2MLJ356

..... was in execution. but this contention is incorrect inasmuch as there was no final decree for mesne profits which could have been executed. an inquiry into future mesne profits had still to be held before the court could have been in a position to pass a final decree. the fact ..... was dismissed. it would have been a different matter if the trial court had been found not to have given any direction for an inquiry into future mesne profits. in that case no order could have been passed for this purpose and the application under the provisions of this ..... to entertain that application. a reference to this rule would show that in a suit for the recovery of possession of immovable property when an inquiry as to mesne profits from, the institution of the suit has been directed at the time when the decree is passed, the court would ..... - as to which i express no opinion, was rightly valued under article 11 of schedule ii of the court-fees act and the order passed by the learned district judge was correct. .....

Narbheramji Gyaniramji Ramsnehi Vs. Vivekramji Bhagatramji Ramsnehi

Court : Mumbai

Reported in : AIR1939Bom425; (1939)41BOMLR939

..... on the other hand, the defendant contends that he is the mahant of the ahmedabad ramdwar in his own right, and the plaintiff has no interest therein. the learned judge framed issues dealing with the title to the ahmedabad ramdwar, and held that the plaintiff had established his title as the owner of the property as mahant, and that the ..... capacity, not herein otherwise expressly provided for, shall be brought within one year from the date of the act or order. it is contended that the decision of the inquiry officer is an order of a government officer, and the sanad is an act of such officer in his official capacity, and i think those two points may be conceded. but ..... . on this appeal the point is taken that the plaintiff's suit must fail under article 14 of the indian limitation act. that point was not raised in the court below, and is, therefore, not discussed by the learned judge. but it can undoubtedly be raised in appeal, and indeed any question of limitation must be taken by the court. .....

Nagendra Nath Kar Sarkar Vs. Babu Pramatha Nath Guha and ors.

Court : Kolkata

Reported in : AIR1939Cal503

..... and equally doubtful whether an objection based upon section 64, civil p.c. is properly within the scope of section 4 or section 53, provincial insolvency act.8. the learned district judge's findings on the first three issues were as follows regarding issue 1 he held that the gift by surendra to his wife was collusive and malafide. ..... had no sons, was in bad health, and was anxious that his wife should have full power of disposal over this property after his death. nagendra made further inquiries and was satisfied that surendra's wife was in possession of that property. he also took legal advice. he had no reason to think that the deed of gift ..... long time. there is no reason for disbelieving the evidence just noted, and we are satisfied that nagendra made all reasonable inquiries regarding the title of surendra's wife to taluk kali kanta and that he acted in good faith. nagendra accordingly acquired title to talukkali kanta. the question is whether that title can be annulled under section .....