Court : Allahabad
Decided on : May-13-1937
Reported in : AIR1937All701
..... the intention of the parties that there should be a reference to arbitration under schedule 2, civil p.c.; their intention was that their nominee should make an inquiry and that they would be bound by whatever statement he might make in court. as so often happens in such cases, the party whose interests are adversely affected ..... after having come to know what it amounts to.9. at the bottom of page 1154 the learned chief justice said:in concurrence with the opinions of the learned judges who have made this reference, i hold that an agreement to abide by the statement of a particular witness is in substance not a reference to arbitration. the ..... , coercion, undue influence or mutual mistake were established.11. it is argued by learned counsel for the applicant that since b, brij behari lal was authorized to perform acts of a judicial or quasi, judicial character, he was not a referee, but an arbitrator, and this contention derives some support from certain dicta of the learned chief justice .....
Tag this Judgment!Court : Chennai
Decided on : May-05-1937
Reported in : AIR1937Mad897
..... ' firm affixed his signature to the reference form, has been shown to be substantially untrue. it is noteworthy that this witness admits that he made no inquiries regarding dhanapal chetty, although it must be mentioned that in the reference form no particulars are called for in respect of the guarantor. nor is this all ..... in the three instances in question the defendants did not adhere to these terms. it becomes necessary therefore to decide the question, which the learned trial judge left undecided, whether upon the evidence the plaintiffs have established their ease of fraud against the defendants. the allegations in the plaint are that defendants falsely reported ..... representation was true. in my opinion these misrepresentations amounted to deceit. there is no doubt that they were made to the plaintiffs to induce the plaintiffs to act upon them and that as a consequence the plaintiffs have suffered damage.16. in my judgment, therefore, the plaintiffs' appeal should be allowed and their .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-15-1937
Reported in : (1937)39BOMLR997
..... explanation.17. 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 ..... 21, 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 : 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 : Apr-09-1937
Reported in : 172Ind.Cas.560
..... 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 ..... 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 ..... process of the court and shall apply the net proceeds of execution towards the satisfaction of the certificate. the provisions of section 19, public demands recovery act and order xxi, rule 53, civil procedure code, in my opinion, make the attaching certificate holder or the attaching decree-holder the representative of the original decree .....
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 : Mumbai
Decided on : Apr-07-1937
Reported in : (1937)39BOMLR1056
..... to verify the complaint afresh, and no objection was taken to the jurisdiction of the magistrate after the sanction of government had been obtained and the committal inquiry really commenced. the objection taken at the time of the bail application was to the prosecution going on without the sanction of government. it was never suggested ..... magistrate, matar, must be treated as one continuous proceeding, the whole of which is vitiated by the omission to obtain previous sanction. the learned additional sessions judge in his order dealing with this point has expressed the opinion that cognizance is not taken within the meaning of section 197 until the magistrate commences to take ..... the order of commitment, objection was made on behalf either of the accused or of the prosecution to the jurisdiction of the magistrate. the additional sessions judge applied this section and accepted the commitment and in my opinion he was justified in doing so. it cannot be suggested that the accused had been .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-07-1937
Reported in : AIR1938Bom50; 172Ind.Cas.873
..... to verify the complaint afresh, and no objection was taken to the jurisdiction of the magistrate after the sanction of government had been obtained and the committal inquiry really commenced. the objection taken at the time of the bail application was to the prosecution going on without the sanction of government. it was never suggested ..... magistrate, matar, must be treated as one continuous proceeding, the whole of which is vitiated by the omission to obtain previous sanction. the learned additional sessions judge in his order dealing with this point has expressed the opinion that cognizance is not taken within the meaning of section 197 until the magistrate commences to take ..... the order of commitment, objection was made on behalf either of the accused or of the prosecution to the jurisdiction of the magistrate. the additional sessions judge applied this section and accepted the commitment, and in my opinion, he was justified in doing so. it cannot be suggested that the accused had been .....
Tag this Judgment!Court : Chennai
Decided on : Apr-06-1937
Reported in : AIR1937Mad735; 173Ind.Cas.251; (1937)2MLJ189
..... amount to removal or dismissal within the meaning of this rule. rule 55 of the civil service rules is as follows:without prejudice to the provisions of the public servants inquiries act, 1850, no order of dismissal, removal or reduction shall be passed on a member of a service (other than an order based on facts which have led to his ..... reasonable time to put in a written statement of his defence and to state whether he desires to be heard in person. here follow some words which the learned trial judge considers have a very material bearing upon the question, namely:if he so desires or if the authority concerned so direct, an oral enquiry shall be held.5. gentle, ..... the facts or all the relevant rules of the civil services (classification, control and appeal) rules because they have been fully set out in the judgment of the learned trial judge; i will only refer to those which are absolutely necessary for the disposal of the questions before us.4. with regard to ground (a) section 96-b (1) of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-19-1937
Reported in : AIR1938Mad8; (1937)2MLJ606
..... respect of which mesne profits were claimed by them prior and subsequent to suit would have been much greater, and that the court, in order to avoid an inquiry preferred to adopt the earlier figures on the understanding however that details of disbursements made by the defendants during the period of their possession need not be taken ..... to the first defendant, the court may reasonably hesitate to believe that the new tenant got peaceful possession. it is apparently on this assumption that the learned subordinate judge observed in paragraph 26 of his judgment that it was difficult to believe that the old tenant gave up possession of these items to bapiraju. but the evidence ..... the plea of limitation, we are not satisfied that the lower court was justified in dealing with the case as one governed by article 142 of the limitation act. the allegations in the plaint as well as the evidence tendered during the course of the trial establish that all the suit properties were in the possession of .....
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