Court : Supreme Court of India
Decided on : Nov-15-1960
Reported in : AIR1961SC493; [1961]2SCR371
..... to shall be given or withheld. 'if any other view were taken, the mischief intended to be averted would take place, as the judge could not determine the question without ascertaining the contents of the document, and such inquiry, if it did take place must, for obvious reasons, take place in public : beatson v. skene (1860) 5 h. & ..... 66. it was with this background of the state of the english law that sir james fitzjames stephen drafted the law of evidence which was enacted into the indian evidence act (act 1 of 1872). 67. scrutton, j., in asiatic petroleum company ltd. v. anglo-persian oil company ltd. [1916] 1 k.b. 822 which was a ..... injury to the public interest. 107. the learned advocate-general contends that this construction, if accepted, would give a meaning to the provisions of section 123 of the act which would be contrary to its tenor. he classifies documents relating to 'affairs of state' into noxious and innocuous documents, and contends that documents, whose disclosure would .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-22-1960
Reported in : AIR1961SC1135; [1961]41ITR135(SC); [1961]1SCR770
..... of the tribunal is final on a question of fact, an issue of law if the tribunal arrives at its decision by considering material which is irrelevant to the inquiry, or by considering material which is partly relevant and partly irrelevant, or bases its decision partly on conjectures, surmises and suspicions. it is contended that on the ..... appellant did with his share of the money and the tribunal rightly pointed out that the father took cover under 'mixing of investments.' these were relevant considerations for judging the probability of the story. the tribunal also rightly pointed out that the fact that bai aloo was not assessed did not make the story any more probable. ..... dated october 7, 1955, and by its order dated march 8, 1956, dismissed the application of the appellant for a reference under section 66 of the income-tax act, 1922. 9. the appellant unsuccessfully moved the bombay high court by means of a petition under section 66(2). this petition was summarily dismissed by the high court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-1960
Reported in : AIR1961SC304; 1961CriLJ447; [1961(2)FLR321]; (1961)ILLJ334SC; [1961]2SCR1
..... 'a conciliation officer or a member of a board or court or the presiding officer of a labour court, tribunal or national tribunal may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates'. 10. section 11 only ..... agreement'. 3. on january 12, 1954, an application was made for the registration of the union of the workmen of the distillery under the indian trade unions act, and the same was registered on march 23, 1954, under the name and of mankatha distillery mazdoor panchayat. the distillery was closed and the workmen were discharged, ..... the settlement. against this order, an appeal was taken to the sessions court and the third addl. sessions judge dismissed the appeal. he confirmed the findings of the learned magistrate. 7. against this order of the sessions judge, an appeal was taken to the high court by the respondent only, and the high court set aside .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-09-1960
Reported in : AIR1961SC578; (1961)63BOMLR491; 1961CriLJ725; [1961]3SCR107
..... such property improperly withheld or wilfully misapplied' was a 'punishment' within either art. 20(2) of the constitution or s. 26 of the general clauses act. the learned judges of the high court rejected this contention. though learned counsel for the appellant originally submitted that he was contesting this conclusion of the high court, he did ..... s. 403(1) of the criminal procedure code, by reason of their previous conviction by the magistrate for the same offence under the insurance act and their acquittal in respect thereof by the sessions judge, pleading in addition that when the conviction by the magistrate stood, they had even undergone a portion of the sentence imposed. the ..... indian penal code set aside their conviction under s. 105 of the indian insurance act. the reason for the latter order was the finding of the learned sessions judge that the sanction required by s. 107 of the indian insurance act which was a pre-requisite for the initiation of the prosecution under s. 105 had .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1960
Reported in : AIR1960SC971; [1960]3SCR857
..... therefore in order that s. 2d may be workable, all that is required under it is that the central government should be satisfied after such prima facie inquiry as it considers necessary that there are reasons to believe that the liabilities of the insurer who has closed his business remain unsatisfied or not otherwise provided for and ..... the writ petition. this was followed by an appeal by the company, which was dismissed. the division bench substantially agreed with the view taken by the learned single judge. thereupon the company applied for a certificate to enable it to appeal to this court and obtained it; and that is how the matter has come up before ..... begins with the words 'insurer means' and is therefore exhaustive. it may be accepted that generally the word 'insurer' has been defined for the purposes of the act to mean a person or body corporate, etc., which is actually carrying on the business of insurance, i.e., the business of effecting contracts of insurance of whatever .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-1960
Reported in : AIR1960SC919; [1960(1)FLR34]; (1960)IILLJ222SC; [1960]3SCR441
..... intervene and set aside such termination. further it held that where the termination of services is capricious, arbitrary or unnecessarily harsh on the part of the employer judged by normal standards of a reasonable man that may be cogent evidence of victimisation or unfair labour practice. we are of opinion that this correctly lays down the ..... service simpliciter took place. many standing orders have provisions similar to paragraph 522(1) of the bank award, and the scope of the power of the employer to act under such provisions has come up for consideration before labour tribunals many a time. in buckingham and carnatic company ltd., etc., v. workers of the company, etc. ..... respondent and as the chief cashier had withdrawn the guarantee of the respondent, the bank decided without apportioning any blame between the chief cashier and the respondent to act under paragraph 522(1) of the bank award. it is urged that paragraph 522(1) of the bank award is particularly meant to meet situations like .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1960
Reported in : AIR1961SC356; [1961]2SCR81
..... further licence-fee under section 91(q) of the district boards act read with section 174. as pointed out by the learned single judge, the fees levied under the control order of 1948 which depends for its existence ..... on the essential supplies act and under the u.p. pure food act are for different purposes of those acts. the fee charged by the district board is ..... the appeal court, though the learned single judge had dealt with it and held against the respondent. the contention is that certain fees are being levied on the respondent in respect of these mills under the u.p. rice and dal mills control order, 1948 and the u.p. pure food act and therefore the district board cannot levy any .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-1960
Reported in : AIR1961SC418; 1961CriLJ570a; [1961(2)FLR107]; (1961)IILLJ67SC; (1961)63PLR660; [1961]2SCR343
..... worker, there does not seem to be anything unreasonable in applying the same or similar principles to the employer who works on his own business. the learned judges of the high court have rested their decision on this part of the case on the reasoning that the terms of the impugned section might be justified on ..... reasonable within art. 19(6) because it was not in the interest of the general public. learned counsel drew our attention to the long title of the act reading 'an act to limit the hours of work of shop assistants and commercial employees and to make certain regulation concerning their holidays, wages and terms of service' and pointed ..... on another ground also, viz., with a view to avoid evasion of provisions specifically designed for the protection of workmen employed. it may be pointed out that acts innocent in themselves may be prohibited and the restrictions in that regard would be reasonable, if the same were necessary to secure the efficient enforcement of valid provisions. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-1960
Reported in : AIR1961SC29; (1961)63BOMLR251; [1960]30CompCas644(SC); [1961]1SCR417
..... s. a. venkataraman v. the union of india : 1954crilj993 in the case an enquiry had been made against the appellant venkataraman under the public servants (inquiries) act, 1850 (act xxxvii of 1850). on receiving the report of the enquiry commissioner opportunity was given to the appellant under art. 311(2) to show cause, and ultimately ..... , rejected on the ground that the proceedings taken against him before the commissioner under the inquiries act did not amount to a prosecution. the relevant provisions of the said act were examined, and it was held that in an inquiry under the said act there is neither any question of investigating an offence in the sense of an ..... . this can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed.' the learned judge has also added that any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-1960
Reported in : AIR1960SC1125; 1960CriLJ1504; [1961]1SCR14
..... of criminal procedure lays down that no statement made by any person to a police-officer in the course of an investigation shall be used for any purpose at any inquiry or trial in respect of any offence under investigation at the time when such statement was made. sub-s. (2) of s. 162 of the said code which ..... of the confession. this point, though it did not affect the prisoner at the bar, was stated to all the judges; and the line drawn was, that although confessions improperly obtained cannot be received in evidence, yet that the acts done afterwards may be given in evidence, though they were done in consequence of the confession.' 82. where, however, ..... indian evidence act. 33. a combined effect of the said provisions relevant to the present enquiry may be stated thus : (1) no confession made to a police-officer by an accused can be proved against him; (2) no statement made by any person to a police-officer during investigation can be used for any purpose at any inquiry or trial; .....
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