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 : 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 .....
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 : Jan-11-1960
Reported in : (1961)ILLJ150AP
..... 17(b) of the madras civil services (classification, control and appeal)rules runs as follows17. (b)(i) without prejudice to the provisions of the public servants inquiries act, 1850 (central act xxxvii of 1850), in every case where it is proposed to impose on a member of a service any of the penalties specified in items (vi), (vii) ..... been properly and regularly held and completed.30. another point urged on behalf of the petitioner was that the respondent 2 was guided by extraneous considerations in judging his (petitioner's) guilt on the present charges by taking into account the fact that the increment of the petitioner had been stopped for two months previously ..... (hereinafter referred to for the sake of convenience as 'm.c.s.c.c. rules') and that the respondent 2 wag guided by extraneous considerations in judging the guilt of the present petitioner on the present charges by taking into account the fact that increment had been stopped for two months by the district prohibition officer .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-12-1960
Reported in : AIR1960AP479
..... by the supreme court in parshotam lal dhingra v. union of india, : (1958)illj544sc . after referring to the exceptions occurring in the constitution, the learned judges have clarified the position thus in para 9 of the reported judgment; (relevant portion is extracted).'subject to these exceptions our constitution, by article 310(1), has ..... or rajpramukh, as the casemay be, is only a reiteration of corresponding provisions which occurred in the government of indiaact, 1935. the relevant provision of that act, repealed by the indian constitution, was section240 which specified the tenure of office as duringhis majesty's pleasure.25. our view is consistent with what has ..... working within the framework of the constitution have necessarily to deal with the petitioner according to the constitution under which it derived its power and not apply act no. iii of 1314 fasli, for enquiring into the corrupt practices of government officials, which ceased to operate.18a. we are, therefore, unable to find .....
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 : 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 : Feb-17-1960
Reported in : AIR1961AP43
..... actual seizure for the recovery of fine from a member of a hindu coparcenary as the share of the offender in the crops was unascertained. in that case the learned judge was concerned with the method prescribed in clause (b) of sub-section (1) of section 386.he says that the court imposing the fine may under that clause issue a ..... share or a prohibitory order can be issued against him and that his interest in the property can then be brought to sale.in arriving at this conclusion the learned judge applied the analogy of the provisions of section 88, cr. p. c. which prescribes a detailed procedure for attachment of property of the absconder who has been notified under section ..... narasanna v. emperor, ilr 55 mad 1041 : (air 1932 mad 538), pakenham-walsh, j. appears to have taken a view which lends support to that contention.there as the learned judge had put it, they were not concerned with section 386(1)(b) but were dealing with a case under section 386(1)(a) and in so dealing, he held that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-06-1960
Reported in : AIR1961AP448
..... case, under section 155(2) cr. p. c. on the ground that the investigation was perfunctory. 2. if he did not follow the first course, to commence the inquiry into the case according to the procedure laid down under section 208 cr. p. c. 3. if he did not follow the second course, then split up the charge-sheet ..... offence. in this case, no such consent has been produced. in fact, the learned public prosecutor conceded that no such consent was obtained. in the circumstances, the special judge is clearly precluded from taking cognizance of the said offence, namely, of criminal conspiracy to commit the offences under sections 466 and 471, indian penal code, which are non- ..... public prosecutor v. a. v. ramiah, air 1958 andh pra 392 wherein it was held as below:'it follows that an offence under section 12 of the gaming act is not a cognizable offence within the meaning of section 4(1)(f) criminal procedure code, and a police officer cannot investigate into it without the order of a magistrate as .....
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