Court : Allahabad
Decided on : Sep-12-1960
Reported in : AIR1962All461
..... the parties also centred round the aforementioned two questions and there was difference, as i have already indicated, between the two learned judges who constituted the bench hearing the appeal.17. in order to appreciate the scope of the argument raised on behalf of the defendant ..... pronouncing on the prospective or retrospective effect of the amendment brought about in section 80 by act vi of 1948.23. if we were to check the validity or judge the validity or invalidity of the notice at the time of the filing of the suit ..... was, was the date of the cause of action and that the amended act could not be applied in order to determine that question. it was further held by the learned judge that though the provisions of section 80 were procedural in their effect yet the ..... then we would, in effect, be expecting the plaintiff to have done something which the law at the time when he did the act did not .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-1960
Reported in : (1961)IILLJ717All
..... has been convicted under section 80 of the factories act (hereinafter referred to as the act) and rule 110 of the rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of rs. 100. he filed a revision application before the learned sessions judge who refused to make a reference to this court and ..... rejected the application. thereafter the petitioner filed a revision application in this court under section 439, criminal procedure code, which came up for hearing before a learned single judge. on a reference being made by him to a larger bench, the matter has come before us. the only submission that has been made on behalf of ..... knowledge. in emp. v. zamin a.i.r. 1932 oudh 28, the word 'knowledge' came up for interpretation in connexion with a criminal case and the learned judge observed as follows:without going into a metaphysical discussion of the nature of knowledge, we may say that for practical and legal purposes 'knowledge' means the state of .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-1960
Reported in : 1962CriLJ251
..... be imputed the knowledge. in emperor v. zamin air 1932 oudh 28 the word 'knowledge' came up for interpretation in connection with a criminal case and the learned judge observed as follows:without going into a metaphysical discussion of the nature of knowledge, we may say that for practical and legal purposes 'knowledge' means the state of mind ..... rejected the application. thereafter the petitioner filed a revision application in this court under section 439 cri.p.c. which came up for hearing before a learned single judge. on a reference being made by him to a larger bench the matter has come before us. the only submission that has been made on behalf of the ..... has been convicted under section 80 of the factories act (herein-after referred to as the act) and rule 110 of the rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of rs. 100/-. he filed a revision application before the learned sessions judge who refused to make a reference to this court and .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-07-1960
Reported in : AIR1961All45
..... by him. here the charged officer was clearly informed of the statement of the witness by the record of the previous statement being read over at the inquiry. i am of opinion that the basic fact that rules of evidence are not applicable to these domestic tribunals and that they must conduct themselves in accordance ..... having been personally insulted, the suggestion is that the superintendent of police was practically in the position of the complainant himself. thus he was both the prosecutor and the judge.9. i have also been referred to ramesh chandra verma v. r. d. verma : air1958all532 . in this case the enquiring officer had expressed his opinion ..... contention. he points out that in this particular case the government had not only selected an officer against whom an allegation of bias was made butthe learned judges were satisfied that the chargedofficer.'was not given an opportunity much less a reasonable opportunity to establish his case of mala fides and that every genuine attempt made .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-01-1960
Reported in : AIR1960All521; 1960CriLJ1167
..... gait he inferred that they were hotey khan and zahoor respondents. just after the aforesaid statement had been made by imam khan witness before the sessions judge, the sessions judge made a note on the record to the effect that the witness had been answering question with difficulty and on being repeatedly enquired, and that the ..... statements recorded before the committing magistrate, although taken upon the record as substantive pieces of evidence, were not. however, ultimately relied upon by the learned sessions judge in registering the guilt of the accused.a question arises as to whether proper use of those statements had or had not been made and whether in the ..... the situation and they cannot be admitted unless contradictory portions are put to the witness by the opposite party or by the judge. the supreme court agreed with the view that section 145 of the evidence act applied and his previous statement cannot be used unless the witness is confronted with it. (see tara singh v. state : .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-12-1960
Reported in : AIR1960All637
..... fact of citizenship, much less of the fact of citizenship obtained otherwise than by voluntary acquisition, has certainly the effect of depriving the appellants' right without the inquiry guaranteed by the section, and therefore, amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.' ..... as to whether clause 3 of schedule iii was unconstitutional and the chief point raised by the andhra pradesh decision thus remains unanswered.what the learned judges of the patna court have done is to reject the application for grant of a writ on the ground that the mere obtaining of a pakistan passport ..... has not voluntarily acquired the citizenship of pakistan, and that consequently his indian citizenship should not be deemed to have terminated under section 9 of the citizenship act. he went to pakistan when he was only a minor unaccompanied by his guardian, and returned to india within about two months of his attaining majority .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-15-1960
Reported in : AIR1961All511
..... namely, the district collector or the sub-divisional officer.'13. in ram gopal v. anant prasad : air1959sc851 , the learned judges rejecting the argument that clause (f) of section 64 of the motor vehicles act restricted in any way the power of the appellate tribunal to deal with appeals filed under clause (a) of the. section ..... on account (a) of any error, omission or irregularity in the complaint, summons, warrant, proclamation order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or ...... unless such error, omission, irregularity, or misdirection has in fact occasioned a failure of justice.'15. in the c. p ..... temporary permit should be granted to a particular person.the observations made with reference to sub-section (2) of section 134 were thus obiter. the learned judges only quoted the words of the sub-section and emphasised the concluding words requiring that a failure of justice must have been cccasioned. they were not .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-07-1960
Reported in : AIR1960All551; [1960(1)FLR477]; (1960)IILLJ146All
..... shall be entitled to cross-examine the witnesses, to give evidence in person and to have such witnesses called as he may wish, provided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call a witness. .....''reliance was placed on the words 'he desires to be heard ..... 55 itself provides that if at that stage the government servant concerned wants a personal hearing he should be afforded an opportunity. but this observation of the learned single judge does not apply to the subsequent stage, where the punishment is to be determined.34. reliance was further placed on the case of dipa pal v. university of ..... as follows:'now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. the law requires that such tribunals should observe rules of .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-13-1960
Reported in : AIR1961All338; (1961)ILLJ424All
..... an administrative order with which the instant petition is concerned. the distinction between decrees and orders passed in civil suits and orders of dismissal passed on a departmental inquiry and those passed by some higher officer dismissing an appeal therefrom was considered1 by their lordships of the supreme court in the case of state of u. ..... for several years. he was departmentally charged for being found unlawfully in possession of railway property on the 18th november, 1953, and as a result of the inquiry which followed he was held guilty of the charges and also asked on the 8th april, 1954, to show cause why he should not be removed from ..... which he ultimately filed to the custodian general under section 27 of that act remained unsuccessful. the petitioner then presented the petition which came up for decision before the learned judges in the above case.it was in these circumstances that the learned judges came to the conclusion that the order of the assistant custodian and of .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-1960
Reported in : AIR1961All1
..... particular compromise for time is not an adjustment, said that compromises may take different forms and it is not possible to pre-judge the individual case and conceded that if an executing court acting under section 47 finds that the effect of a compromise was to discharge the decree forthwith, it would have no jurisdiction ..... that 'order 21, rule 2 and section 47 taken together provide a complete procedure for recording compromises arrived at in execution proceedings'. at page 530 the learned judges said that ''the uniform current of authorities of the high court of calcutta was that an agreement arrived at after the passing of a decree cannot be taken ..... whereby the mortgaged property has been saved from a forced sale under the decree.'considering this question their lordships stated.'the authority relied upon by the learned judges of the chief court is : air1932all273 , and the principle invoked is that the original decree cannot be altered or varied by the parties even with .....
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