Court : Andhra Pradesh
Decided on : Dec-13-1960
Reported in : (1961)ILLJ569AP
..... the law mentioned in the corresponding entry in col. (1) of the said schedule: schedulefunctions authority(1) (2)hyderabad public servants tribunal for(tribunal of inquiry) act, disciplinaryxxii of 1950. proceeding's10. it is immediately plain from this notification that the tribunal for disciplinary proceedings constituted by the government was competent to perform ..... service.' teat is extraneous to the conditions of service of the officer. farther, we are not satisfied that the inquiry by the particular officer who was in the grade of a district judge and who has had varied experience, was in any way disadvantageous to him. in this view of the matter, ..... the qualification of the officer holding the post of the tribunal for disciplinary proceedings was raised in that case. the only point which the learned judge considered was whether the government had jurisdiction to refer the matter to the disciplinary tribunal. the question whether particular officer had the requisite qualification to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-1960
Reported in : AIR1961AP324
..... before our learned brother, seshachalapati j., that the assistant collector had no jurisdiction to proceed with a fresh inquiry, having regard to section 35 of the central excise act. this contention did not find favour with the learned judge with the result that the petition was dismissed with costs. it is this order that is how under appeal ..... this view was expressed by satyanarayana raju j. in narasimharaju v. state transport authority, (1958 andh lt' 627). there, the learned judge was dealing with section 64-a of the motor vehicles act. all the same, we feel that that decision has analogy here because the provisions of that enactment are similar to those of the statute ..... the appellant, is that under section 35 of the central excise act. the only power that is vested in the appellate authority is to confirm, alter or annul the decision or order appealed against and it is not competent for him to direct a fresh inquiry. as the controversy centres round the interpretation of section 35, it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-19-1960
Reported in : AIR1965AP361
..... that these blows with spears mentioned by him are inconsistent with the medical evidence that he and the 2nd deceased had only stick injuries. but as observed by the trial judge, they are only inaccuracies natural to an indiscriminate attack by four assailants. another criticism is that some of the particulars in p. w. 1's evidence are inconsistent ..... of the common intention of the accused . there can be no doubt that if an individual accused had committed all the injuries sustained by either of the deceased, the act amounted to murder as defined in s 300 indian penal code both the deceased died as a direct result of the injuries, the 1st deceased within about an hour ..... injury that is sufficient to cause death in the ordinary course of nature then the intention is to kill and in the event the "thirdly" would be unnecessary because the act would fail under the first part of the section'. "to put it shortly, the prosecution must prove, the following facts before it can bring a case under s. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-1960
Reported in : AIR1962AP187
..... of natural is that of harman, j. (as he then was) in byrne v. kinematograph renters society ltd., (1958) 1 wlr 762 (784). the learned judge said this:'what then are the requirements of natural justice in a case of this kind first i think that the person accused should know the nature of the accusation ..... then and there. the situation at this centre during the conduct of the examination became uncontrollable, because the majority of the candidates resorted to malpractices and indulged in acts of rowdyism. they attempted to assault one of the assistant superintendents and caused damage to the school building and furniture which was estimated at rs. 500/-. consequently, ..... 179, was approved. the case raised the issue whether respondent had a fair hearing. in the public inquiry which had been held in accordance with the statute, he and his witnesses had been heard orally but after the inquiry the board's inspector submitted his report to the board who decided the matter after considering the facts .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-06-1960
Reported in : 1961CriLJ461
..... recall any case which he has made over to, any magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such magistrate competent to inquire into or try the same.' thus this provision empowers a district magistrate to withdraw a case from one ..... of the powers conferred by sub-section (2) of section 10 of the code of criminal procedure, 1898 (central act v of 1898), the governor-of andhra pradesh hereby appoints the undermentioned additional district and sessions judge to be additional district magistrate in the district noted against his name and directs that he shall exercise all the powers ..... as that provision empowers only a chief presidency magistrate, district magistrate or sub-divisional magistrate to transfer a case of which he has taken cognizance, for inquiry or trial, to any magistrate subordinate to him, the learned judge observed:it is obvious that if the order dated 3-1-1959 was passed by the additional sessions .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-27-1960
Reported in : AIR1961AP46
..... tucker, l. j.. in russell v. duck of norfolk, 1949-1 all er 109: 'there are no words which are of universal application to every kind of inquiry and every kind of domestic tribunal. the requirements of natural justice must depend on the circumstances of the case, the nature of the enquiry, the rules under which the ..... tribunal to follow the procedure known to the courts of law. whether in a particular1 case the principles of natural justice have been complied with or not must be judged in the light of the constitution of the authority, its statutory powers or rules, if any, prescribed for the conduct of the enquiries (vide local government v. ..... even on the assumption that there was enquiry whereat the petitioner was called upon to give his explanation inasmuch as the mal-practice committee and the concerned authorities have acted only upon the identity in the answers of the two students which cannot be regarded as evidence, much less legal or proper evidence, the entire proceedings are .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-08-1960
Reported in : AIR1961AP105; 1961CriLJ356
..... 493 cr. p. c. the public prosecutor may appear and plead without any written authority before any court in which any case of which he has charge is under inquiry, trial or appeal. if, therefore, the cr. p. c. does not require a public prosecutor to file any memo of appearance, the mere filing of such a ..... itself dictate him to reject the proffered brief for the other side. the question of propriety cannot depend upon the confidential communication; he is the best person to judge in what circumstances he should appear against the accused and in doing so, always he must interpret any particular situation against himself and against his interests for the ..... before concluding, their lordships must express their complete assent to the observations of the learned judges of the high court on the impropriety of a legal practitioner who has acted for one party in a dispute, such as there was in this case, acting for the other party in subsequent litigation between them relating to or arising out of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-29-1960
Reported in : (1960)IILLJ484AP
..... and clarified it subsequently with reference to the decision of the supreme court in the indian iron and steel company, ltd. v. their workmen 1968 i l.l.j. 260, the learned judge omitted to apply the principles to the facts of the case before him and determine whether in the light of those observations the industrial tribunal was ..... that a tribunal has to find only whether there was justification for the management to dismiss an employee and whether a case of misconduct had been made out at the inquiry held by it. 18. dealing with the other merits of the case, their lordships observed (pp. 249-250) :in this case, the award suffers from the ..... its standing orders sufficient to merit dismissal of a workman, but in determining such misconduct it must have facts upon which to base its conclusions and it must act in good faith without caprice or discrimination and without motive of vindictiveness, intimidation or resorting to unfair labour practice and there must be no infraction of the accepted .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-31-1960
Reported in : 1961CriLJ448
..... to rely on the decision of this court in venkatachalapatirao v. govindarajulu : air1960ap300 . in that case, the relevant facts were as follows : the tahsilder in a preliminary inquiry found that there was prima facie a case against the petitioners under sections 353, 356 and 146, penal code and transferred the papers to the station house officer for ..... a material bearing on the appropriate procedure. the order of the city magistrate does not mention the provision under which he took action. the finding of the learned sessions judge is that it could validly be under section 190(1)(b) cri p. g. (it is represented to me by the learned public prosecutor that the procedure ..... to the magistrate put in by the person, who had lod the f.i.r. with the police, was really a complaint petition and that, though the magistrate acted only on information contained in the police diary as well as the petition of complaint, the action on the complaint petition came within section 190(l)(a) and, therefore .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-29-1960
Reported in : AIR1961AP208; 1961CriLJ612
..... such parties to a right to possess the subject, of dispute, peruse the statements, documents and affidavits, if any, so put in, hear the parties and conclude the inquiry, as far as may be practicable within a period of two months from the date of the appearance of the parties before him and, if possible, decide the question ..... observed by subba rao c. j. (as he then was) in : air1955ap99 referring to the intention spelled out by the learned judges in : air1951mad500 , in support of their interpretation, it is apparent 'how the history and the progress of the legislative provision is indicative of any such intention on the ..... , we do not think that this is the proper view to take of the compelling provisions, because to do so would be to confuse the administrative desideratum of acting with speed and promptitude with the necessity and duty to interpret the legislative intent as manifested by the clear and unambiguous language used in the section. nor, as .....
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