Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Sorted by: recent Court: privy council Year: 1937 Page 2 of about 39 results (0.036 seconds)

The Central Bank of India Limited Vs. P.D. Shamdasani

Court : Mumbai

Reported in : AIR1938Bom33; (1937)39BOMLR1187

..... latter case that the magistrate has to determine at the time when he makes an order under section 94 of the criminal procedure code whether the documents are necessary for the inquiry; but when they are brought into court, the inspection should not rest with the magistrate who does not prosecute. it is reasonable that those who conduct the ..... 23. that section provides that whenever any court considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding, such court may issue a summons to the person in whose possession or power such document or thing is believed to be, requiring him ..... his order wider than necessary.' and bowen l.j. added (p. 738) : 'i also think that great caution should be exercised in acting under this power, and i have no reason to doubt that the judges do exercise such caution.' in the first case, kay j. said (p. 678) :'...before we grant inspection of the account of the .....

Mt. Champa Devi Vs. Mt. Asa Devi

Court : Allahabad

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 .....

Rudragouda Venkangouda Patil Vs. Basangouda Danappagouda Patil

Court : Mumbai

Reported in : AIR1938Bom257; (1938)40BOMLR202

..... of rights, the failure on the part of both gangava and parwatewa to ask for the names of venkangouda or parwatewa to be entered or even to have an inquiry made in 1885 coupled with the failure of the plaintiff's father himself to take any action to recover venkangouda's share after the death of parwatewa for a period ..... his name in the khata. that was so is evident from the course of the conduct of the parties. after venkangouda's death there was neither any varsa (heirship) inquiry nor mutation of names in the village records, and parvateva too did not set forth her claim to succeed to venkangouda's property as his widow. it is true that ..... impossible to say, in my opinion, that the documents were not compulsorily registrable under section 17 of the indian registration act. two out of the several cases referred to by the learned counsel for the respondent support this conclusion. the judges of the lahore high court in the decision in ganesh das v. kanthu air[1935] lah. 448 express the opinion .....

Sm. Indumati Devi Chowdhuri Vs. Bengal Court of Wards

Court : Kolkata

Reported in : AIR1938Cal385

..... upon 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 some essential preliminary, must obviously ..... cal 1011 at p. 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 ..... statute neither specifically provides for notice nor specifically dispenses with it. it appears to me irrelevant to say that the declaration and what follows on it are acts done in exercise of sovereign functions. in one sense the whole administration of: justice is an exercise of a sovereign function. although the courts are independent of the .....

Mahammad Yusuf Vs. Krishna Mohan Bhattachariya

Court : Kolkata

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 .....

Shri Kamala Vahuji Maharaj Vs. the Collector of Bombay

Court : Mumbai

Reported in : (1937)39BOMLR1046

..... , the entry against 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.r. no. ..... judgment for the 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 to land revenue ..... 26, 1926, the collector of bombay addressed to the appellant a notification that the government had been pleased to sanction, under section 8 of the 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- 8841 and .....

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

Court : Privy Council

..... the entry against 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. r. no. ..... judgment for the 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 to land ..... on 26th october 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. 8841 and c .....

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

Court : Privy Council

..... thank themselves 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 a charge binding ..... and mrs. low, the evidence did establish that other persons were equitably interested in and had acquired shares of the old company. for some reason the trial judge refused to accept the evidence that certain other persons, though not shown to have been registered shareholders, had acquired or become owners of shares. the evidence if ..... company law. 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 co-adventurers .....

Estate and Trust Agencies (1927) Ltd. Vs. Singapore Improvement Trust

Court : Privy Council

..... left for it to operate upon. in the case of (1927) 1 kb 491, (5) scrutton, l. j., after expressly approving this dictum as that of a judge who had great familiarity with this subject, remarked : when the sentence is unexecuted a statement of intention to execute it may be followed by a writ of prohibition, however, ..... april 1935, was allowed with costs and the order made by him was reversed. in the result a writ of prohibition which had been directed to issue by the trial judge was set aside. the appellants, the estate and trust agencies (1927) limited are the owners of a house known as municipal no. 543, north bridge road, singapore. ..... all the matters which the board relies on and which the proprietors must be prepared to discuss on the inquiry which must take place before the declaration is submitted to the governor in council. their lordships would therefore have hesitated to act on the strong suspicion which an attentive consideration of the report has aroused in their minds, namely, .....

Ali Akbar Vs. Java Bengal Line

Court : Kolkata

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 .....