Court : Mumbai
Decided on : Sep-22-1960
Reported in : (1961)ILLJ95Bom
..... his typed order together with certain papers there referred to an has gone to the length of observing that sri fernandes was wrong or rather partial in not making inquiries into the reports against the appellant. sri fernandes' conduct however was not in question before the labour court and if sri fernandes honestly believed after hearing the ..... why he thought it necessary to take any action on the reports against the appellant and if really the management desired to take any action in the matter, the inquiry could have been entrusted to any other officer. these are the reports not fully inquired into nor finally considered for the action, if any, against the appellant ..... the form in which the order is made or of the language there used. before proceeding with the position under the bombay industrial relations act and the points raised for consideration by the learned labour judge in this connexion, a reference may be made to the recent case of assam oil company, ltd. v. its workmen 1960 i l .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-12-1960
Reported in : (1960)62BOMLR749
..... mean as is contended by mr. sukthankar that the civil procedure code applies to the inquiry before the judge' under section 22 only to the extent as specified in section 22(2). in our view the inquiry contemplated under section 22 of the district municipal act is a judicial inquiry, the authority holding that inquiry is a judicial authority and the procedure prescribed by the civil procedure code in so ..... that the procedure prescribed by the civil procedure code is applicable to the inquiry before the district judge or the assistant judge, who is holding an inquiry on an election petition under section 22 of the district municipal act it does not follow, therefrom, that a party to the inquiry has a right to apply to the judge for a review of the decision given by him in an .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-07-1960
Reported in : AIR1961Bom124; (1960)62BOMLR921; 1961CriLJ628
..... on account: (a) of any error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or (b) (omitted). (c) of the omission to revise any list of jurors or assessors in accordance with section 324, or (d) ..... the manner of holding the trial, the provision of section 537 will not be attracted thereto.' it may be mentioned that in the case before the learned judges the charge against the accused person was that he had between 6th march 1949 and 31st march 1951 mis-appropriated several amounts. there were also charges against him ..... * * * * * 'it is possible (though we need not so decide in this case) that the recent amendment to section 537 in the code of criminal procedure (amendment) act, xxvi of 1955, where mis joinder of charges has been placed in the curable category will set at rest the controversy that has raged around the true meaning of 28 .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-02-1960
Reported in : 1960CriLJ1429
..... to induce any accused person to confess is prohibited. it is right that the police, when they are endeavouring to discover the author of crime, should make inquiries of, or put questions to, any persn from whom they think they can obtain useful information. but when once an accused person has been arrested, while they ..... a result of harassment and continuous interrogation for several hours and therefore the statements are involuntary and are inadmissible in evidence. in his judgment the learned sessions judge has observed:'this witness (kashinath) has stated in para 7 of his evidence that the appellant madhya was with the psi from 5 p.m. to ..... seizure memos regarding the discovery of articles in consequence of information given by the accused.(6) statements leading to discovery are admissible under s. 27 of the evidence act although they are statements made to the police in the course of investigation. their lordship of the supreme court have observed in ramkishan v. bombay state. (s) .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-18-1960
Reported in : AIR1961Bom239; (1961)63BOMLR289; ILR1961Bom224
..... any other enactment for the tune being in force and therefore so far as the provisions of the c. p. and berar courts act are concerned, they deal with only the ordinary jurisdiction of the district judge, thatis to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not with ..... , relating to which or to the endowment whereof, any suit shall be instituted or application made under the provisions of this act'. therefore, the contention on behalf of the respondents may perhaps be justified if the district judge bad been taking the action as was taken in the present case, because by virtue of section 17(1)(c) of ..... justifying the order passed by the additional district judge.9. then mr. manohar referred to the provisions of sections 26 and 27 of the madhya pradesh public trusts act, 1951 (xxx of 1951). undoubtedly, section 27 of that act gives power to the court to make or cause to be made such inquiry against a trustee in a case of this .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-08-1960
Reported in : (1961)63BOMLR289a
..... other enactment for the time being in force, and, therefore, so far as the provisions of the c.p. and berar courts act, are concerned, they deal with only the ordinary jurisdiction of the district judge, that is to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not ..... relating to which or to the endowment whereof, any suit shall be instituted or application made under. the provisions of this act.therefore, the contention on behalf of the respondents may perhaps be justified if the district judge had been taking the action as was taken in the present case, because by virtue of section 17(1) (c) of ..... justifying * the order passed by the additional district judge.9. then mr. manohar referred to the provisions of sections 26 and 27 of the madhya pradesh public trusts act, 1951 (xxx of 1951). undoubtedly, section 27 of that , act gives power to the court to make or cause to be made such inquiry against a trustee in a case of this kind .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1960
Reported in : AIR1961Bom227; (1960)62BOMLR1043; ILR1961Bom318
..... certain gold in his possession and the gold weighing in all about 152 tolas, details as in the margin, was seized under section 178 of the sea customs act pending further inquiries into the legal origin of the gold as there was certain circumstance which made the officers suspicious that the gold was liable to confiscation'. the order then goes ..... therefore, it is difficult to accept mr. gupte's contention that the reasonable belief, which is contemplated by section 178a of the sea customs act, may either be the belief in the mind of the inquiry officer at the stage of the in-uiry, or in the mind of the seizing officers themselves even after the seizure took place. in ..... as a result of the inquiry before himself he had a reasonable belief that the gold was smuggled, the additional collector of customs, in our opinion,-had no power to make the order that he has passed,, confiscating the gold under section 167(8) of the act. we agree with the finding of the learned judge that the customs had .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-1960
Reported in : (1960)62BOMLR465
..... set out in sections 8b to 8d. of course, where the plaint itself discloses an objective standard, it may not be necessary for him to make such an inquiry but where, as here, the judge has not regarded the plaint as furnishing an objective standard, he cannot base his conclusion upon any material other than that placed on record in an ..... conclusion as to the value of the suit for the purpose of court fees and jurisdiction. it is abundantly clear that the learned judge purported to exercise the power given by section 8a of the court-fees act to consider whether the suit was properly valued for the purpose of court-fees. now, this section, while it empowers the court ..... inquiry made by him under the provisions of sections 8b to 8d of the act.5. i may point out that in kashinath v. tukaram a.i.r.[1956] nag. 195, .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-1960
Reported in : (1960)62BOMLR845
..... sub-section (2) states that an inquiry shall be held by a judge not below the grade of an assistantjudge. in spite of the fact that sub-section (1) stated in express terms that the application was to be made ..... the expression has been construed to refer to persona designata. i need refer only to one decision on the subject which was under section 15 of the bombay city municipalities act. sub-section (1) of this section expressly states that an election petition may be made to the district court within which the election was held. after so stating, ..... decision which was given by the taxing officer on september 24, 1959, was a decision which was given by him under sub-section (2) of section 5 of the new act, and, as such, that decision was revisable under the latter provision. therefore, in my judgment, the present revision application does lie under the latter provision.5. the next .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1960
Reported in : (1961)63BOMLR487
..... a notice. he, however, admitted that the statement of his claim was not filed by him as required by section 8(1) of the relief of indebtedness act.9. the learned judge of the lower appellate court, while dealing with the question as to whether the creditor had complied with the provisions of section 8(1) of the relief of ..... court has held that the appellant had failed to comply with the provisions of section 8(1) of the belief of indebtedness act, and, therefore, it must be taken that the debt was duly discharged. the learned judge observed in para. 9 of his judgment:the next question would be regarding the legality of the order discharging the debt ..... indebtedness act, observed as follows in para. 8 of his judgment :the first point of importance would be regarding whether laxminarayan was rightly held to be served. the .....
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