Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Year: 1975 Page 1 of about 1,209 results (1.152 seconds)

Smt. Indira Nehru Gandhi Vs. Shri Raj NaraIn and anr.

Court : Supreme Court of India

Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

..... follow from the public character of the controversy that there is no list between the parties to the election contest, and that the lis can be resolved otherwise than by ascertaining the facts relating to the election, and applying the relevant law:a judicial inquiry investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. this is its purpose and end. legislation, on the other hand, looks to the future and changes existing conditions by making a new rule ..... has strongly relied upon the very first purpose of the constitution stated in the preamble to be justice (with a capital 'j') which includes 'political justice'. his contention is that, if a majority party is to virtually act as the judge in an election dispute between itself and minority parties whose cause, according to the learned counsel, the election petitioner represents, it would be a plain denial of 'political' justice. i do not know why this question should be termed as one of 'political ..... on those days in the absence of evidence to show that the respondent had utilised those meetings and tours for the purpose of making utterances of an electioneering character.457. in k.k. mishra v. banamali babu, 38 elr 451 : air 1968 ori 200 the orissa high court, relying upon the following observations of this court in s. khader sheriff's case : [1955]2scr469 , held that a holding out within the meaning of section 79(b) must be by declaration of the candidate .....

Hyderabad Asbestors Cement Products Limited Vs. E.S.i. Court and anr.

Court : Andhra Pradesh

Reported in : (1976)IILLJ385AP

A.V. Krishna Rao, J. 1. This Full Bench has been constituted to hear the writ petition by reason of an order of reference made on the 25th November, 1974 by the Hon'ble the Chief Justice and Punnayya, J. The order of reference states:In view of the conflicting views expressed in two different Bench judgments of this Court in E.I.S. Corporation v. Sri Krishna Bottlers (P) Ltd. (1974) 1 APLJ 409 : (1974) 2 Andh WR. 59 and in C.M.A. No. 187/71, dated 8-8-1972 (Andh. Pra.) (unreported) and also in view of the conflicting views between some High Courts and this Court, we consider that this writ petition should be posted before a Full Bench of three Judges for disposal.2. In the writ petition the petitioner prayed that the High Court may be pleased to issue an order, direction or a writ particularly one in the nature of mandamus directing the 1st respondent the Employees Insurance Court, Hyderabad, to refer a question of law for the decision of the High Court under Section 81 of the Employee...

Manekben Vs. Union of India

Court : Delhi

Reported in : ILR1975Delhi820

..... thereof may require that the president should suspend the enforcement of .any of the fundamental rights conferred by part iii. there is in our opinion no scope for inquiry into the question whether the fundamental rights the enforcement of which the president has suspended under article 359 has anything to do with the security of india which is ..... public order or the maintenance of supplies and services essential to the community. reading the preamble of act 52 of 1974 it is urged that it would not be possible to say that this statute falls under any of the six heads to be found in the aforesaid two entries. the relevant part of the preamble of act 52 of 1974 reads as under :- 'whereasviolations of foreign exchange regulations and smuggling ..... article 22(5) cannot be pleaded in view of the suspension of the enforcement of that right, yet if the order was not under the act the detention would stand vitiated. in rameshwar lal patwari v. the state of bihar : [1968]2scr505 , it was held that the grounds of detention must not be vague or indefinite, or if they are the detention would not ..... suspend the enforcement of the rights conferred by article 22(1) and (2). (31) in support of the contention that the rights guaranteed by clause (5) of article 22 had to be embodied in act 52 of 1974, reliance is placed on certain observations in gopalan's case, : 1950crilj1383 . the speech of das j. is quoted in support of the contention. the learned judge said (para 245 of the report). 'in my judgment .....

Azra Abdulla Vs. Silton Hotel, Bangalore

Court : Karnataka

Reported in : AIR1975Kant225; 1975(2)KarLJ316

..... over-ruled the objections of the judgment-debtor and allowed the application of the decree-holder praying for permission to break open the lock with police help. thereupon, the judgment-debtor filed execution appeal no. 11/73 in the court of the civil judge, civil station, bangalore. the lower appellate court upheld the objections of the judgment-debtor and held that the order of eviction is inexecutable. it also held that there is a waiver on the part of the decree-holder and that therefore she could ..... 14-10-1968 drawn up by the court. in that application it is stated that when the decree-holder obtained a certified copy of the order it was discovered that though the petition is styled as one under section 21 (1) (h) of the mysore rent control act 1961, one of the grounds for eviction was mentioned as arrears of rent instead of the requirement of the premises for petitioner's own use and occupation. this application was allowed and the necessary correction was made in the preamble portion of the ..... which give the court jurisdiction, and there is no reason to doubt the bona fides of the admission, the court is under no obligation to make further inquiry as to the question of fact; but apart from such an admission the court cannot give effect to an agreement,whether by way of compromise or otherwise, inconsistent with the provisions of the act.' it was observed that the mere fact that order 23, rule 3 of the code of civil procedure is applicable to the proceedings in a suit under .....

Zakaria and ors. Vs. Naoshir Cama and ors.

Court : Andhra Pradesh

Reported in : AIR1976AP171

A. Sambasiva Rao, Acting C.J. 1. Questions of substantial import relating to the claims arising our of Motor Accidents arise for consideration in this appeal.2. The appeal relates to a claim arising out of a motor accident which took place on 4th June, 1967 on what is popularly known as Tank Bound Road which connects the twin cities of Hyderabad and Secunderabad. One M.A. Khader (hereinafter called the deceased) met with his death in the accident. He was then driving a scooter which collided with a convertible standard Herald car bearing registration No. KLE 2860 which was being driven by the 1st respondent. The five legal representatives of the deceased who include his parents, his widow and his children, filed O.P. 176/67 before the Motor Accidents Claims Tribunal under Section 110-A of the Motor Vehicles Act, 1939 claiming compensation in a sum of Rs. 4,53,222/-. There are many respondents to the action, the 1st respondent being the person who was driving the car. The 2nd respondent...

Buchanan Vs. Evans

Court : US Supreme Court

..... extraordinarily slipshod judicial procedure as well as my conviction that it is incorrect. footnotes footnote 1 appellees contend, not implausibly, that no injunction was in fact issued in this case, and that the only action of the district court with respect to delaware's educational advancement act of 1968 (eea) was to declare certain provisions unconstitutional. they rely on gunn v. university committee ..... its fourteenth amendment duty to dismantle the dual system. since the third prong of appellees' claim assertedly ran against the board's enforcement of a state statute, a three-judge court was empanelled. 28 u.s.c. 2281. the district court, in two separate opinions, passed upon the entire complaint. the first decision, in july ..... second opinion. appellees have not asserted either claim on this appeal, and our inquiry can go only to 1004(c). footnote 6 the court in raines contrasted the scope of 1252 with the scope of 3731 of title 18, the criminal appeals act. that act allowed the government a right of appeal from particular types of decisions of a district court prior to trial ..... provisions of a state statute. while, for reasons which follow, i believe that the district court was wrong in passing on the merits of the statute, that consideration is an argument going beyond the issue of whether or not its order was in fact an injunction as that term is used in 28 u.s.c. 1253. footnote 2 the preamble provided as follows: 'the purpose of this chapter is to provide the framework for .....

State of M.P. Vs. Pehlajrai Dwarkadas and anr.

Court : Madhya Pradesh

Reported in : AIR1976MP208

J.S. Verma, J.1. This first appeal is by defendant No. 1 against the judgment and decree dated 18-1-1965, passed by the Additional District Judge, Shajapur, in Regular Civil Suit No. 2-B of 1962.2. The suit is to recover damages for personal injuries sustained by the plaintiff in a motor accident on 4-5-1961 at about 4 P.M. near the Dak Bungalow at Shajapur, when a jeep MPZ 1020 belonging to defendant No. 1 and driven by defendant No. 2 Yusufkhan collided headlong with the Ambassador car BMS 5800 owned by the plaintiff in which the plaintiff was travelling on his way from Bombay to Calcutta. The collision took place about 40 feet outside the gate of the Dak Bungalow when the plaintiff's car was going to the Dak Bungalow and the Jeep was coming out of it. The plaintiff alleges that the Jeep was being driven rashly and negligently by its driver and it came out abruptly from the gate of the Dak Bungalow giving no opportunity to the car driver to avert the collision. Injuries were sustaine...

The Premier Automobiles Ltd. Vs. Kamlekar Shantaram Wadke of Bombay an ...

Court : Supreme Court of India

Reported in : AIR1975SC2238; [1975(31)FLR195]; 1975LabIC1651; (1975)IILLJ445SC; (1976)1SCC496; [1976]1SCR427

..... manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate government and the conciliation officer;' chapter ii provides for the authorities under the act, namely, for constitution of the works committee, boards of conciliation, courts of inquiry, labour courts, tribunals and national tribunals as also for appointment of conciliation officers. different kinds of authorities having very varied and extensive powers in the matter of settlement and adjudication of industrial disputes have been ..... authorities. it may not be necessary to refer to all. before we do so, we may very briefly refer to the relevant provisions of the act.8. the object of the act, as its preamble indicates, is to make provision for the investigation and settlement of industrial disputes, which' means adjudication of such disputes also. the act envisages collective bargaining, contracts between union representing the workmen and the management, a matter which is outside the realm of the common law or the indian law of ..... 397 has pointed out that the act creates a special machinery under section 33c(2) to enforce specially created rights. the parties could not, therefore, approach the ordinary civil court. we affirm the aforesaid two decisions of the madras high court. a single judge of the mysore high court took the same view in the case of nippani electricity company (private) ltd. v. bhimarao laxmanpatil i llj 268 : 1968 lab ic 1571 and a bench .....

Manganti Suryanarayana Vs. the Board of Revenue, Government of Andhra ...

Court : Andhra Pradesh

Reported in : AIR1976AP150

Kondaiah, J.1. Pursuant to the direction of this court in Writ appeal No. 222/68 dated February 25, 1971, the Board of Revenue has submitted a statement of case under Section 57 of the Indian Stamp Act (II of 1899) (hereinafter called 'the Act') for our decision on the following question: 'Whether the petitioner (vendee) is entitled to refund the excess stamp duty paid on the deed dated 12-6-1962 registered as document No. 2014 of 1962 in the Sub Registrar's Office, Kaikalur under the provisions of the Indian Stamp Act (Act II of 1899) or otherwiseIn order to appreciate the scope of the reference, it is not only profitable but necessary to state the facts that give rise to the question and which are not in dispute and lie in a short compass, Sri Jasti Venkataratnam and his sons had executed a document styled as 'sale deed' on June 12, 1962 in favour of Sri Manganti Suryanarayna, the petitioner herein, in respect of a land for a consideration of Rs.5,980/-. The vendee paid a sum of Rs. ...

The State of Maharashtra and ors. Vs. the Salvation Army, Western Indi ...

Court : Supreme Court of India

Reported in : AIR1975SC846; (1975)1SCC509; [1975]3SCR475

1. The respondent in this appeal is the Salvation Army, Western India Territory. It is a part of the world-wide organisation known as the Salvation Army. The headquarters of the organisation is in London. The organisation in India was registered as a public limited company under the Indian Companies Act, 1913, having obtained a licence to carry on its activities without suffixing the word 'limited' after its name. It is also registered under the Bombay Public Trusts Act, 1950 (hereinafter called the 'Act') and carries on various charitable activities. The Company has its headquarters in Bombay. The funds of the Company are administered under the Articles of Association by a Board consisting of a General, a Chief of Staff and various other officers. The accounting year of the Company is from 1st of October to the 30th of September of each year. In the years ending 30-9-1954, 30-9-1955 and 30-9-1956, the respondent received three sums from the international organisation, namely, Rs. 1,97...