Court : Supreme Court of India
Decided on : Dec-05-1960
Reported in : AIR1961SC674; (1961)63BOMLR434; [1961]2SCR890
..... classification between the two kinds of proceedings at the commitment stage based upon a very relevant consideration, namely, whether or not there has been a previous inquiry by a responsible public servant whose duty it is to discover crime and to bring criminals to speedy justice'. it will thus be seen that the ..... necessary to ascertain whether there was reasonable classification or not. assuming that the said observations are obiter, even then, they record the considered opinion of five learned judges of this court. the view we have expressed also is consistent with the said observations. 12. our view could now be expressed in the following propositions : ..... to the elaborate and prolonged committal proceedings and stepped in to amend the code in that respect. the whole of section 207a has been inserted by act xxvi of 1955. while the section simplified the procedure in regard to commitment proceedings instituted on a police report, it confined the existing procedure to proceedings .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-29-1960
Reported in : AIR1960SC1272; [1960]3SCR789
..... pleadings several issues were framed. the suit was originally dismissed on a preliminary ground, namely, that the plaint did not disclose any cause of action. the learned civil judge apparently took the view that the properties in suit were subject to the saranjam rules and on examining those rules, he came to the conclusion that as the plaintiff ..... december 17, 1941, was not ultra vires, and that the suit itself was barred under s. 4 of the bombay revenue jurisdiction act, 1876. the high court reversed the decision of the learned civil judge on all the aforesaid issues, and held that as the properties in suit were given to the junior branch of babasaheb for its ..... the plaint ?issue no. 5 - is the suit barred under section 4 of the revenuejurisdiction act ?issue no. 7 - is the alleged custom set up in para. 6(b) of theplaint proved 11. on all these issues the learned civil judge found against the plaintiff-respondent, and held that the latter was not entitled to recover possession of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-1960
Reported in : AIR1961SC420; 1961CriLJ570; [1961(2)FLR101]; (1961)ILLJ220SC; [1961]2SCR330
..... the settlement of the industrial dispute in progress but also for carrying on their future work in sugar factories'. we also concur with the observations of the learned judge that by coming to the conclusion that the workers' demand should be conceded the state government was not passing an order which will have retrospective effect but was ..... . the high court of allahabad allowed the writ petitions, in so far as the question of payment of bonus was concerned, though sapru, j., one of the judges constituting the full bench, expressed a doubt as to the correctness of the view that the order of the state government as regards the payment of bonus was invalid. ..... situation brought into existence an industrial dispute, the government of uttar pradesh, in exercise of the power conferred by sections 6 and 10 of the industrial disputes act, 1947, (xiv of 1947) appointed a court of inquiry and referred the dispute to it. the notification also stated the points which were referred to the court of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-12-1960
Reported in : AIR1960SC706; 1960CriLJ1020; [1960]3SCR1
..... say that grievous hurt was only an aggravated form of hurt, and that the liability of the accused did not cease, if he committed an act which resulted in a simple hurt. indeed, the learned judge did not tell the jury that even if they held that the accused did not cause a grievous injury, it would be open to them ..... facts were compatible with his guilt. so far as this direction went, nothing can be said against it. the judge next proceeded to explain what was meant by the expression 'fact proved'. he paraphrased the definition of 'proved' from the evidence act. in dealing with this topic, he omitted to explain also the expressions 'disproved' and 'not proved'; but that ..... unjustified or that he wrongly influenced the jury against the witness. it must be stated here that the learned judge had cautioned the jury that they were not bound by his opinion on a question of fact and were free to act on their own opinion. 24. this brings us to the medical evidence. the two doctors of importance who .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1960
Reported in : AIR1961SC448; 1961CriLJ573; [1961]2SCR610
..... conditions at the time, should all enter into the judicial verdict.' another consideration which has to be kept in mind is that 'the legislature is the best judge of what is good for the community, by whose suffrage it comes into existence............' (see the state of bihar v. maharajadhiraja sir kameshwar singh of darbhanga ..... and bullocks infringes the fundamental right of the petitioners and is to that extent void. (3) now, we come to the madhya pradesh act. several provisions of this act have been challenged before us as imposing unreasonable restrictions on the fundamental right of the petitioners. section 4 deals with prohibition of slaughter of agricultural ..... [1959]1scr629 an ordinance was passed called the uttar pradesh prevention of cow slaughter (amendment) ordinance, 1958. this ordinance was later repealed and replaced by the act. the petitioners say that in the bill as originally drafted the age limit below which slaughter was not permissible was put at 15 years; but the select .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1960
Reported in : AIR1961SC221; [1961]1SCR728
..... point remaining for consideration is as to whether the publication of the notification under s. 3(1) which was treated by the subordinate judge to be the disobedience, has been established to be 'the act' of the state. the entirety of the argument on this part of the case was rested on the terms of art. 154(1 ..... to within the prohibition. the same argument was addressed to the high court and was repelled by the learned judges and in our opinion correctly. in the first place, the only 'notification' contemplated by the provision of the act immediately relevant to the suit, was a notification under s. 3(1). such a notification has the statutory ..... ghatwali estate of handwa situated within the state, instituted against the state bihar, in the court of the subordinate judge, dumka, on the 20th november, 1950, title suit 40 of 1950 inter alia for a declaration that the act was ultra vires of the bihar legislature and was therefore 'illegal, void, unconstitutional and inoperative' and that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-1960
Reported in : AIR1961SC773; 1961CriLJ794; [1961]2SCR672
..... rules;' ...............................................................9. paragraph 489 : 'a police officer may be departmentally tried under section 7 of the police act - (1) after he has been tried judicially; (2) after a magisterial inquiry under the criminal procedure code; (3) after a police investigation under the criminal procedure code or a departmental enquiry under paragraph 486 iii ..... proceed with a departmental trial without complying with the provisions of sub-paragraph (1) of para. 486 of the police regulations. the learned judges of the high court held that the respondent was charged with committing cognizable offences and therefore sub-paragraph (1) of para. 486 governed the ..... that he had on nine occasions, particulars of which were given in the charge, accepted bribes. it may be mentioned that the magisterial inquiry related to seven of the nine charges alleged against the respondent. the trial was conducted by the superintendent of police and the respondent submitted .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-1960
Reported in : AIR1961SC751; 1961CriLJ773; (1970)ILLJ670SC; [1961]2SCR679
..... the rules are mandatory or directory, it would be convenient at this stage to notice broadly the scope and the purpose of the inquiry contemplated by the rules. 33. section 2 of the police act constitutes the police establishment; section 7 empowers specified officers to punish specified subordinate officers who are remiss or negligent in discharge of their ..... a cognizable offence; and it was argued on behalf of the respondent that it amounted to an offence under section 409 of the indian penal code. the learned judges accepted the contention of the respondent. even so, it is said that whatever might have been contentions of the parties, the information given by tika ram to ..... the operation of art. 310. the said words refer, inter alia, to arts. 124, 148, 218 and 324 which provide that the judges of the supreme court, the auditor general, the judges of the high courts and the chief election commissioner shall not be removed from their offices except in the manner laid down in those articles. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-1960
Reported in : AIR1961SC1170; [1961(2)FLR529]; (1961)ILLJ540SC; [1961]3SCR185
..... manager, shall during the continuance of an inquiry or appeal, discharge or dismiss any workman.' 5. section 24 provides that every order made or direction issued under the provisions of this government ..... words :- 'save with the written permission of the regional conciliation officer or the additional regional conciliation officer concerned, irrespective of the fact whether an inquiry is pending before a regional conciliation board or the provincial conciliation board or an appeal is pending before the industrial court, no employer, his agent or ..... another act, the rule cannot apply in resolving a conflict between general and special provisions in the same legislature instrument. this suggestion does not find support in either principle or authority. the rule that general provisions should yield to specific provisions is not an arbitrary principle made by lawyers and judges but .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-1960
Reported in : AIR1967SC408; (1961)IILLJ117SC
..... of procedure which are referred to as rules of natural justice is to ensure fairplay. let us, therefore, see what happened in this case during the inquiry. the inquiry was commenced by the general manager himself and when five witnesses had been examined, ramanatha babu took over the enquiry and examined the general manager as a witness ..... nooh, where the district superintendent of police, presided over the enquiry except when he himself was examined as a witness, and also gave the decision, in an inquiry against a police constable. in substance, however, there is hardly any difference. one can see that in the facts of this case the general manager and ramanatha babu ..... formed practically one entity, with two bodies. at one stage, the first acts as a judge; at a later stage, he steps down as a witness; and the second becomes a judge. there is the further fact here that the person who gave the actual decision had actively been procuring the evidence .....
Tag this Judgment!