Court : Mumbai
Decided on : Mar-18-1960
Reported in : AIR1961Bom59; 1961BomCR(Cri)59; (1960)62BOMLR807; ILR1960Bom816; (1960)IILLJ491Bom
..... employer before us, laid particular stress on a certain passage occurring in the judgment of bose, j. after referring to the definition of 'wages', the learned judge observed:-'now the question is whether the kind of bonus contemplated by this definition must be a bonus that is payable as a clause of the contract of ..... wages earned by the employee which remained unpaid during his life time. if we were to agree with mr. pliadke that the authority under the minimum wages act has exclusive jurisdiction to entertain claims for the recovery of minimum wages, the heirs of a deceased employee would be left without any remedy whatsoever; they ..... one of which was refected and the other accepted by the learned authority. the learned authority rejected the employers' contention that the authority under the minimum wages act has exclusive jurisdiction to issue directions to an employer for the payment of the difference between minimum wages and the amounts actually paid. the learned authority held that .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1960
Reported in : 1960CriLJ1575
..... , therefore, incapable of understanding the nature and substance of the proceedings against him. in view of this finding, it passed an order on 17 3 1959 that the inquiry 3hould proceed against the accused under section 207a read with section 341 of the cr, p. g. thereafter, the prosecution led the necessary evidence against the accused and ..... the accused was deaf, and the high court held that ths9 conviction for murder was justified and that it was not vitiated by the fact that the sessions judge felt himself unable to question the accused with regard to the evidence appearing against her, inasmuch as there had been no miscarriage of justice,4. our attention was ..... of the proceedings against him would not exempt him from punishment if it be shown and found that he had sufficient intelligence to understand the criminal character of his act.6. in our judgment; therefore, as the learned magistrate has found that the accused is deaf and dumb and unable to follow the proceedings against him and .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-24-1960
Reported in : (1961)ILLJ162Bom
..... conciliation or not, cannot be properly regarded as a part of the conciliation proceedings. they are, what they purport to be on their face, only preliminary inquiries and merely because such inquiries are held, the hands of the conciliation officer cannot be said to be bound in any way. mr. neemuchwalla then said that mr. shelke had not ..... drawn a line of distinction between what is made obligatory by it and what is made discretionary. such being the position, we have no doubt that the learned single judge was right in holding that the conciliation officer had, in this matter, a discretion whether to enter upon conciliation or not. 8. the next and the most important ..... him in the shape of letters addressed to him and to other officers in the labour department by the union, it could well be said that he has acted arbitrarily or acted on insufficient material. in order to avoid such a charge against him, if a conciliation officer embarks upon a preliminary enquiry, can it be properly said .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-26-1960
Reported in : (1960)62BOMLR613; 1960CriLJ1426
..... see : air1958all364 ; air 1959 mys 117 and : air1959mp264 .(3) but, with great respect, the effect of ss. 476 to 479a is different. section 476 provides for an inquiry on an application made to a civil, revenue, or criminal court or otherwise in respect of an offence referred to in s. 195(1), clause (b) or clause (c). section ..... .(2) these sections are in chapter xxxv of the code which refers to proceedings in cases of certain offences affecting administration of justice. section 476 provides the procedure of inquiry and complaint by any civil, revenue or criminal court on an application made to it or otherwise in regard to offences referred to in s. 195(1), clause ( ..... the code applies only to certain cases of false evidence, namely serious, flagrant and patent cases of perjury where the judge acts under s. 479a(1), and that s. 476 applies to all other cases of false evidence where the judge has not recorded a fining under s. 479a (1).(8) for another reason also the view taken by the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-13-1960
Reported in : (1960)62BOMLR1077
..... of the government. this contention was contained in ground (t) of para. 15 of the petition. so far as the first of those contentions was concerned, the learned judge did not think it necessary to decide it, inasmuch as the counsel for the petitioners did not press it. as regards the second contention, it was negatived by the ..... was heard by mr. justice mody.3. at the hearing of the petition, out of several contentions raised by the petitioners, only four were urged before the learned judge. the first of them was that the petitioners had given to the respondents intimation of the vacancy by their letter dated may 3, 1959, that under section 6(3 ..... the premises in question, and if they could, whether they could allot them to k.a. nambiar. having made the necessary inquiries the respondents came to the conclusion that under the provisions of the landrequisition act and in the circumstances of the case, they could validly exercise their powers to requisition the premises, and allot them to k.a .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-1960
Reported in : AIR1961Bom142
..... the code of civil procedure had not been held by the trial court and that therefore it was necessary to remand the case to the trial court for holding such inquiry before deciding whether the judgment-debtor should be committed to civil prison or not. therefore, the position as it appears to us is that today we are asked ..... debtor. whether the charged property must be proceeded with primarily or not, the fact remains that until the property charged as also the salary tan be taken into account in judging his means although the remedy of the decree-holder may primarily be against the charged property. mr. padhye relied i upon the decision in fatehchand v. indian cotton co ..... a similar objection was raised that an amount of pension received by a pensioner was not liable to attachment by virtue of the provisions of section 11 of the pensions act. the provisions for purposes of the case before us were similar to those contained in clause (i) of the proviso to section 60(1). somayya, j. held that .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-06-1960
Reported in : AIR1962Bom21; (1961)63BOMLR362; ILR1961Bom735
..... case. since the offence is clearly made out on the allegations, charge for this offence must be framed.(8) the result is that the reference made by the learned sessions judge must be rejected. in view of what i have stated above, i direct the learned magistrate, if he has not already done so, to frame an additional charge under section ..... of these goods. against this judgment accused nos. 4, 5 and 6 went in revision to the sessions court challenging the order oft learned trial magistrate. the learned sessions judge tool the view that in view of the fact that the sale in favour of accused no. 1 was completed by accused no. 2 and the others in calcutta and ..... the accused were prosecuted under section 18(a)(i),(ii) and (iii) of the drugs act, 1940. accused no. 2 had also given a warranty to accused no. 1, and therefore, an offence under section 28 was also alleged against accused nos. 2 to 6. preliminary inquiry was held by the learned magistrate and at that stage it was contended on behalf .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-05-1960
Reported in : AIR1961Bom186; (1960)62BOMLR995
..... from resorting to the admiralty in cases where that court alone could afford a satisfactory remedy. so that as matters at last adjusted themselves, the admiralty judges although compelled to abandon all claim to general maritime jurisdiction, were yet suffered to exercise undisputed authority in all maritime cases where the common law could not ..... the general law. the importance to maritime commerce of uniformity in all seas, the world over, seems to have received frequent emphasis both before the judicature acts and thereafter. it was upon these principles that the high court of admiralty in england, wherever there was no proper judicial precedent to be followed, resorted to ..... before the commencement of the constitution shall continue in force until altered or repealed or amended by a competent legislature or other competent authority. the indian independence act, 1947, it may be noted, was repealed by article 395 of the constitution of india. it will thus be seen that the high court of .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-05-1960
Reported in : AIR1961Bom200; (1960)62BOMLR1017
..... side, the contention raised by mr. rangnekar on behalf of the plaintiffs that the suit fell under the fatal accidents act and that', therefore, the city civil court had jurisdiction to entertain it, cannot be sustained. the learned principal judge, therefore, was, in my opinion, perfectly right in holding that the suit did not fall within the jurisdiction of ..... it. on behalf of the plaintiffs, however, it was contended that the suit was filed under the fatal accidents act and that, therefore, it did not fall within the admiralty jurisdiction of the high court. the learned principal judge did not agree with the contention of the plaintiffs and held that in spite of the fact that the claim ..... to the proper court. the present appeal is directed against that order of the learned principal judge.2. it is true that until 1911 it was held in england that 'damage done by a ship' referred to in section 7 of the act of 1861 did not include an injury resulting in the death of any person and accordingly, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1960
Reported in : (1960)62BOMLR785
..... the end of september 1958 and passed a decree in favour of the plaintiff for rs. 150 on account of arrears of rent and permitted increases and directed an inquiry into future mesne profits under order xx, rule 12(1)(c), of the civil procedure code. it is against this decree that the present revision application has been filed.5 ..... . mr. kotwal, learned advocate appearing on behalf of the petitioner, has contended that the learned appellate judge has approached the question of the bona fide requirement of the plaintiff from a wrong point of view. it has to be mentioned that in the trial court evidence ..... was placed on the statute-book. on the strength of this rent act, the tenant applied for suspension of the decree and he secured the suspension for a period of ten months. when that period expired, the landlord applied to execute the decree, but the trial judge ordered the execution of the decree to be stayed sine, die, .....
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