Court : Gujarat
Decided on : Apr-14-1967
Reported in : AIR1968Guj118; [1968(16)FLR54]; (1967)GLR1012
..... was the immediate exciting cause of chandulal's death. if that is so, injury was caused to chandulal as a result of an accident. the learned single judge who heard the first appeal against the order of the learned commissioner, set aside the order of the learned commissioner granting compensation on certain principles which have been ..... which has been urged before us by mr. jaykar on behalf of the workman. as english judges have from time to time pointed out, any decision under the workmen's compensation act is not an easy decision free from difficulty. learned judges for a long period in england have construed the various expressions used under the workmen's ..... compensation act and it is not always easy to reconcile all the decisions, and therefore one must .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1967
Reported in : 1969CriLJ557; (1969)GLR537; (1968)IILLJ55Guj
..... [a.i.r. 1958 all. 429], a division bench of the allahabad high court has observed as under : 'the criminal law amendment act (1952) has created special judges who differ from the sessions judges only in this respect that they follow a different mode of trial, but all the other provisions of the criminal procedure code apply to both alike. ..... the provisions of sub-secs. (1) and (2) the other provisions of the code of criminal procedure which are not inconsistent with this act will apply to the proceedings before the special judge and his court shall be deemed to be a court of session. in other words, excepting the mode of trial prescribed in sub-section ( ..... act of a police constable in driving rashly and negligently when driving a police jeep which was carrying a sub-inspector of police, who was proceeding for an inquiry, was held not to be done 'under colour or in excess of the duty imposed upon him as a constable-driver'.' 73. after referring to the observations made by the learned judge .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-1967
Reported in : AIR1968Guj257; (1968)0GLR1002
..... district judge disagreed with the view taken by the learned charity commissioner and found that it is barred by ..... the law in that respect as it stood prior to 1950, and thereafter, with the coming in force of the bombay public trusts act, 1950. a special machinery is provided for making inquiries with regard to any such trust properties and apart from any person being entitled to make any such application, even the assistant or ..... same which was directly and substantially in issue in the inquiry before the deputy charity commissioner, ahmedabad, and since that material ingredient was wanting, there was no bar of res judicata to the said inquiry. in the application filed under s. 72 of the act before the district judge, ahmedabad, the same plea was raised and the learned .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1967
Reported in : (1969)10GLR537
..... state a.l.r. 1958, allahabad 429, a division bench of the allahabad high court has observed as under:the criminal law amendment act (1952) has created special judges who differ from the sessions judges only in this respect that they follow a different mode of trial, but all the other provisions of the criminal procedure code apply to both alike ..... deals with constitution of court of sessions for every sessions division. section 17 of the code deals with a topic regarding subordination of judicial magistrates and benches to sessions judge.section 17(b) of the code, which is very material for our purposes, runs as under:courts of sessions and courts of magistrates (including courts of presidency ..... 435 of the code.it should be made clear that by the special jurisdiction we mean special jurisdiction to hold an inquiry or to pass an order; as regards the trials for offences created by acts other than the indian penal code, the code bad made a provision (we have referred to section 5(2). once .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-18-1967
Reported in : 1970CriLJ97
..... and if in that mutual fight one causes injury to the other, no right of private defence is available to either side and in those circumstances, the learned sessions judge was perfectly right in convicting him for an offence under section 304, part it of the indian penal code.7. before we actually go to the appreciation of evidence ..... under the general exceptions in chapter iv of the indian penal code, for it is the contention of mr. vin that much though section 105 of the indian evidence act contemplates that the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code or within any special exception or ..... to fight had indulged in fighting after getting themselves armed with sticks and if in that fight any person gets injured, he must face the consequences arising out of that act and he is not entitled to invoke the aid of any such right of private defence. that would require me to consider as to what can be called a .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-14-1967
Reported in : AIR1969Guj124; (1968)GLR409
..... .union of india : (1961)illj339sc .* * * * *we have preferred to quote extensively from the above decision as in our view, the submission of the learned acting advocate general that the principles decided in that case should govern the present case is correct and it will be proper to see whether, having regard to these principles, it ..... the court in all suits cognizable by it except where such procedure is inconsistent with the procedure prescribed by any specific provisions of the presidency small came courts act, 1882, or with these rules.' the schedule provided by the said rules includes the application of the summary procedure of order xxxvii, civil procedure code, but has deleted ..... reason to do so and, with respect, adopt the reasoning and conclusion reached by the learned judge to be correct.27. an effort was made on behalf of the applicant to rely on the decisions in respect of the inquiry under article 311(2) of the constitution wherein it had been held that even in an administrative .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-08-1967
Reported in : 1969CriLJ810; (1969)GLR611
..... note that the respondent baa been sentenced to four years' rigorous imprisonment for the offence punish, able under section 304, part ii of the penal code. the learned sessions judge baa taken into account the important circumstance that this respondent was in jail as an under, trial prisoner from 6.8.1966 till the date of his judgment. the judgment ..... is likely to cause death. the offence proved beyond reasonable doubt against the respondent is an offence punishable under section 304 part ii of the penal code. the learned sessions judge has taken that view. we are hearing an acquittal appeal. we do not find any good grounds or good reasons which would justify us to differ from that view. ..... cc (55) have been referred to. they can be referred to, with advantage at this stage as they are very illuminating:the inquiry as to intent is far less simple than that as to whether an act has been committed because see cannot look into a man's mind to see what was passing there at any given time. what he .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-1967
Reported in : (1967)8GLR814
..... , to be payable monthly. i do not propose to enter into this inquiry as it is not necessary to decide it because on the broader ground that i shall be stating presently, in my view, the present case cannot fall within the purview ..... succeeded in proving that there was no dispute regarding standard rent or permitted increase. this part of the contention of mr. zaveri may even require, to my mind, a further inquiry as to whether for the purposes of sub-section 3(a) of section 12 it would be permissible to him to consider the amount of the tax, though permitted increase ..... summary remedy for recovering small sums and it was an essential part of the scheme that the judge's decision was final. section 27 of the act provided that 'save as provided by this act, a decree or order made under the foregoing provisions of this act by a court of small causes shall be final'. there is no appeal either on facts or .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-1967
Reported in : (1967)8GLR897
..... 71. section 71, argued the petitioners, was mandatory in its terms and it provided clearly and specifically that, save as expressly provided by the tenancy act, all inquiries and other proceedings before the mamlatdar or the tribunal shall be commenced by an application which shall contain the particulars set out in the section. the petitioners ..... 71. this contention is unsustainable and must be rejected. section 71 undoubtedly requires that save as expressly provided by or under the tenancy act all inquiries and other proceedings before the agricultural lands tribunal shall be commenced by an application and, therefore, unless there is some express provision to the contrary, ..... dahyabhai v. the gujarat revenue tribunal civil appeal no. 365 of 1966, to which i have already referred, confirmed the view taken by the learned judge. dealing with the argument of the appellant that the agricultural lands tribunal had no jurisdiction to deal with the question whether the appellant was or was not .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-25-1967
Reported in : (1968)9GLR1018
..... lays down how proceedings shall be commenced before the mamlatdar or the tribunal and it is provided that save as expressly provided by or under this act, all inquiries and other proceedings before the mamlatdar or tribunal shall be commenced by an application which shall contain the prescribed particulars. we need not enter into the ..... there was total want of jurisdiction in the mamlatdar. this basis, with respect i have to hold, is erroneous. the conclusion based, therefore, by the learned judge on this basis that the decision arrived at by the mamlatdar binds the parties on the principle of res judicata cannot stand and becomes unsustainable. in this view that ..... municipal corporation, is res judicata and binding on the parties to the litigation, is erroneous. this decision of the civil court creates an anomaly as the learned judge of the city civil court has observed that in his judgment, the decision of the mamlatdar was wrong and the mamlatdar had jurisdiction to try the issue referred .....
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