Court : Andhra Pradesh
Decided on : Jun-08-1960
Reported in : AIR1961AP159
..... satisfaction granted leave to the minors to refer the matter to arbitration. the matter alone was referred to the arbitration on 24-9-1945. the award after due inquiry was made on 21-11-1945 by the arbitrator and it was filed into court on 22-11-1945. the 21st defendant, the brother of the present plaintiff ..... provided there is substantial compliance with the rules readi as a whole and provided no prejudice ensues; and when the legislature does not itself state which is which judges must determine the matter and, exercising a nice discrimination, sort out one class from the other along broad based commonsense lines.....' it was held that there was ..... agree to accept it that may be recorded as a compromise under order 23, rule 3 c. p. c. the learned judges observed:- '.....the arbitration award obtained otherwise than in proceedings taken in accordance with the act cannot without more be recognised as a compromise or adjustment of the suit; [hat no decree can be passed thereon under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-25-1960
Reported in : AIR1961AP183
..... his sons, with this reasonable restriction that the business shall not be absolutely speculative and risky. the learned counsel has also impugnedthe finding of the subordinate judge that the motor car business embarked on by the 1st defendant was undoubtedly a risky business.22. we shall now proceed to appraise thesecontentions having regard to ..... relief against a part of the hypotheca. in the said circumstances the mortgagee has preferred the appeal.8. the grounds of impugning the judgment of the subordinate judge are two-fold: firstly, that the 2nd defendant, who is the purchaser in execution proceedings subject to the hypotheca is precluded from contending that the mortgage ..... of immorality but there must he proof of direct connection between the debt or the expenditure and the acts of immorality .....' it is unnecessary for the alieneeor the creditors to show that there had been a proper inquiry or that the money had been borrowed for necessity.'we accept the above as a correct statement .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-28-1960
Reported in : AIR1961AP500
..... the date and place of the sale would only be an irregularity and would not make the publication itself non est. an intending purchaser could have easily made inquiries of the decree-holder's advocate over whose name the publication was issued or of the court of the district munsiff in which execution was notified and ascertained the ..... court and by the first appellate court.it was not brought to the notice of the high court that there was proclamation by any other mode and therefore the learned judge held that there was total failure to make the proclamation. the principle of this decision was followed in srikakula chinna venkatanarayana v. pannapati elias, : air1954mad1024 --by rajamannar, ..... .c. it did not make the publication non-existent in the eye of the law and the sale void so as to attract article 181 of the limitation act.7. the lower appellate court's finding that there was no proclamation is reversed and it follows that the trial, court was right in dismissing the application under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-09-1960
Reported in : AIR1961AP37
..... judgment of the court held:'there is no doubt that any direct pecuniary interest however small, in the subject of enquiry, does disqualify a person from acting as a judge in the matter; and if by any possibility these gentlemen, though mere trustees, could have been liable to costs, or to other pecuniary loss or ..... 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. the proceedings shall contain a sufficient record of the evidence ..... written statement in defence of the above charges to reach the undersigned by 12 noon on the 23rd september 1959. the undermentioned witnesses and documents will be examined by the inquiry committee in connection with the above mentioned charges. charge (i) & (ii) : witnesses sri abdul rahman s. o. fazulla hussaln ' ' azeez baig ' ' mohd. zafar ' ' sathyanarayana .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-14-1960
Reported in : AIR1961AP266; 1961CriLJ804
..... embezzlement was completed only when the prisoner wrote the letter and when it was received in middlesex. the 5th judge, huddleston, b. wrote a dissenting minority judgment. 19. the judges, who gave the majority judgment acted on the basis that the offence was completed when the prisoner by letter made the false statement to his employers ..... the money in question. those letters were duly received by the employers in middlesex. the accused was charged with embezzlement of the amount concerned. the majority of four judges consisting of kelly, c, b., field, j., lindley, j. and manisty, j. held that the accused could be tried at middlesex, on the ground that ..... accused at that stage. the accused filed criminal r. p. no. 53 of 1960 against that order in the court of the chief city magistrate-additional sessions judge, hyderabad. the latter dismissed the revision petition, observing as follows: 'it is only the high court that can interfere with the orders passed regarding jurisdiction of thecourt .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-02-1960
Reported in : AIR1961AP378
..... tribunal deciding the matter. it was also remarked that this question could not be determined with reference to preconceived notions or a priori considerations and that it should be judged in the light of the relevant rules.33. this doctrine has been re-affirmed in the subsequent cases of the supreme court and it is not necessary to refer ..... but before we do that, it has got to be observed that the question whether rules of natural justice have been observed in a particular case must itself be judged in the light of the constitution of the statutory body which has to function in accordance with the rules laid down by the legislature and in that sense the ..... every kind of domestic tribunal. the requirements of natural justice must depend on the circum-stances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth'. in the earlier case of general medical council v. spademan, 1943 ac 627 at p. 638, lord .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-1960
Reported in : (1961)IILLJ260AP
..... some of the courts to frame some test which must be satisfied in order to bring an accident within the course of a workman's employment, leaving the county court judge in each case to decide whether the evidence establishes that the test is satisfied. i myself have been rash enough to suggest a test, namely, that a workman is ..... every fortnight and he was a regular and continuous worker and not a casual labourer. it was therein held that the deceased was a workman within the meaning of the act, in that case, the workmen had to reach the workspot, which was about seven miles away from their village, in a lorry provided by the employer at a nominal ..... employed otherwise than for the purpose of the employer's trade or business and that therefore the deceased was a 'workman' within the meaning of section 2(n) of the act and a was liable under section 12 thereof to pay compensation. dealing with the contention that the deceased was not a workman, it was therein observed that the definition of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-22-1960
Reported in : AIR1961AP123
..... sufferers could not confer any rights which were enforceable in a court of law and the propriety of the decision of the darkhast authority acting within its powers could not be questioned by a civil court. the learned judge has referred to the decisions of the madras high court which have established this proposition. 11. there is another ruling of this court ..... madras, : air1959sc694 . it was ruled by their lordships that the instructions issued by the government from time to time under section 43-a of the motor vehicles act, 1939 (as amended by the amendment act xx of 1948), were in the nature of administrative directions and not rules of law affecting the rights of parties. this judgment also furnishes an answer to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-29-1960
Reported in : AIR1961AP283
..... . the plaintiff through his next friend gave a notice to the government claiming damages for the permanent loss of his limb occasioned by the rash act of their servant. then he brought a suit before the subordinate judge, tenali, for recovery of rs. 10,000/-by way of damages.3. the government in defence pleaded that the driver was not guilty of ..... to suffer its consequences for many a long year to come. despite such findings in favour of the plaintiff, the learned subordinate judge could not help dismissing his claim for the government in law, is not liable for the tortious acts of its servants. aggrieved by this, the plaintiff has come up in appeal.5. we may at once state that the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-29-1960
Reported in : AIR1962AP29
..... there was no evidence let in on behalf of the appellants to show that the girl when making the adoption was not qualified to do the act.the learned judges held that having regard to the circumstance that the adoption came to be questioned after so many years it was impossible to expect anything more than ..... and their lordships, after referring to a variety of considerations, -- the transfer of the adopted son from his natural home to his adopted home; his recognition after inquiry, by the legal authorities; proceedings in which the plaintiff himself had acknowledged the adopted boy's right; the dilatoriness of the plaintiff in preferring his claim-- expressed of ..... date of the will and he played a prominent part in the registration of the document. d. ws. 2nd 3 gave straightforward evidence and the learned trial judge has no hesitation in accepting their testimony.(16) learned counsel for the plaintiff relied upon the non-production of the will as a strong suspicious circumstance against its .....
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