Court : Supreme Court of India
Decided on : Jan-03-1967
Reported in : AIR1967SC1315; 1967(0)BLJR483; [1967]2SCR312
..... the self-liquidating mortgage and to deliver possession of the property in the proceedings for liquidation of that debt which had been decreed by the special judge under the u.p. encumbered estates act. on behalf of the defendant-appellant it was pleaded that the suit was time-barred. the contention was that the claim of the plaintiff- ..... passed in their favour for a little over rs. 26,000. thereafter the respondents made an application under the u.p. encumbered estates act, and by an order dated may 22, 1939, the special judge apportioned the liability for the mortgage debt between the respondents and the purchasers as owners of half the mortgaged property. as a result ..... bench which heard the appeal in the first instance referred the question of limitation to a full bench of five judges which held that the suit was governed by article 83 read with article 116 of the limitation act and that time ran from february 25, 1943 which was the date upon which the respondents were compelled to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-1967
Reported in : AIR1968SC800; (1968)70BOMLR726; [1968(17)FLR445]; 1968LabIC984; (1968)IILLJ700SC; 1968MhLJ523(SC); [1968]2SCR577
..... appellate bench also held that the suit was barred under article 14 of the schedule to the indian limitation act. for these reasons the appellate bench allowed the appeal, set aside the decree passed by the trial judge and dismissed the suit and ordered the appellant to pay four-fifths of the costs of the respondent throughout. ..... language of rules 153 and 156 suggests that the suspension contemplated by these rules includes not only suspension by way of penalty but also interim suspension pending a departmental inquiry or a criminal proceeding. rules 153 and 156 state as follows : '153. leave may not be granted to a government servant under suspension.' '156. a ..... that the government servant's liability arose from circumstances beyond his control.' 8. if the word 'suspension' in rules 153 and 156 contemplates suspension pending an inquiry we see no reason why it should be given a different interpretation in rules 151 and 152. we are accordingly of the opinion that rule 151 empowers the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-1967
Reported in : AIR1968SC594; 1968CriLJ550; [1968]1SCR695
..... under sub-section (2), them notwithstanding any thing contained in sub-section (2a), a magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952'. 11. pausing here it may be mentioned that s. 7(1) and (3) of the criminal law amendment ..... sections 6(1) and 7(1) and (3) of the criminal law amendment act are concerned. before the case reaches the special judge the provisions of s. 337(1) of the code of criminal procedure apply at the stage of investigation or inquiry. if any magistrate therein mentioned tenders pardon and the person who is tendered pardon is ..... chapter of the code as part of the general provisions as to inquiries and trials. sections 337 to 339 and 339a contain all the provisions which refer to courts of criminal jurisdiction established under the code. the special judge created under the criminal law amendment act, 1952 (act 46 of 1952) is not one of them. for the cases .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-13-1967
Reported in : AIR1967SC1494; 1968(16)BLJR1; 1967CriLJ1380a; [1967]3SCR163
..... of court of a kind not punishable by the court of the commissioner itself (appointed to hold an inquiry under public servants inquiries act, 1850) and that for the purpose of the contempt of courts act the word 'subordinate' would include all courts and tribunals over which high court is given the power ..... . in brajanandan sinha v. jyoti narain(1) the question was, whether a commissioner appointed under the public servants (inquiries) act, 1850 was a court within the meaning of the contempt of courts act, 1952. there, after referring to authorities like coke on littleton and stroud and stephen, the privy council decision in ..... of superintendence under art. 227 of the constitution. ' in lakhama pesha v. venkatrao swamirao a.i.r. 1951 pun 49 the question was, whether the chief judge of the court of small causes acting .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-19-1967
Reported in : AIR1968SC110; (1967)70BOMLR139; 1968CriLJ95; 1968MhLJ177(SC); [1967]3SCR708
..... first argument is correct. no doubt under the code of the criminal procedure the statement of an accused may be taken into consideration in an inquiry or trial but it is not strictly evidence in the case. an accused when he makes his statement under s. 342 does not depose as a witness because no ..... that they were members of the editorial board there was a prima facie case proved against them that they were makers of the impugned article. the learned additional sessions judge further said that the prosecution would have to lead satisfactory and cogent evidence to prove and establish that respondents 2, 3, and 4 were editors, printers and publishers. ..... in the case tending to exonerate the present respondent. the state also urges in addition that a presumption under. s. 7 of the press and registration of books act 1867 can be raised against the editorial broad and they can therefore be held responsible for the defamatory article. we shall deal with these two questions. 5. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-18-1967
Reported in : AIR1968SC227; [1968]1SCR243
..... upon the making of such an application the petition shall stand withdrawn and no further action shall be taken for its trial. 43. findings of the judge - (1) if the judge after making such inquiry as he deems fit finds in respect of any person whose election is called in question by a petition, that his election was valid he shall ..... votes and chose to draw a lot, and declared pitam singh as the elected candidate. dhara singh thereupon filed an election petition under the act and the rules raising a number of points. the district judge, who heard the election petition, held that the returning officer made a mistake in not crediting pitam singh with the third preference in ballot ..... the interpretation of the rules. in that case, this court was concerned with the interpretation of sections 97, 100(1)(d) and 101(a) of the representation of the people act (43 of 1951) and r. 57(1) of the conduct of election rules, 1961. we find that the term of those sections are different and in particular, s. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-24-1967
Reported in : AIR1968SC240; [1968(16)FLR432]; 1968LabIC216; (1968)IILLJ125SC; 1968MhLJ48(SC); [1968]1SCR355
..... dated december 5, 1960 the government held that the charges against the appellant were not proved beyond reasonable doubt. it also held that the suspension and the departmental inquiry 'were not wholly unjustified'. the order then directed that the appellant should be reinstated in service with effect from the date of the order and retired from that date ..... that was set aside in appeal on the ground that no proper sanction for prosecution was obtained. he was again prosecuted on the same charge but the special judge trying him quashed the charge sheet on the ground that the investigation had not been carried out by the proper authorities. in revision the high court of nagpur ..... in pecuniary loss to the government servant must be held to be an objective rather than a subjective function. the very nature of the function implies the duty to act judicial. in such a case if an opportunity to show cause against the action, proposed is not afforded, as admittedly it was not done in the present case .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1967
Reported in : AIR1968SC615; [1968]2SCR117
..... which requires the acquiring company to enter into an agreement with the government also required satisfaction of the government after considering the report on the inquiry held under section 40. the amendment act 38 of 1923 now added in s. 41 the report of the collector under s. 5a, if any. these amendments show that even ..... acquisition proceedings taken thereafter were bad in law. it appears that though the amendment was disallowed, the said contention was allowed to be urged, for, the district judge has answered it in the following terms :- 'whatever language may be used in the declaration under section 6 the point that requires for consideration is whether the ..... was made to raise the contention at the time of the hearing of the appeal that the declaration under section 6 did not prove such satisfaction. the district judge, however, dismissed the application for amendment of the plaint by the 1st respondent society. the contention was sought to be raised because the notification used the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1967
Reported in : AIR1968SC105; [1967]3SCR891
..... endowment, as the case may be, and shall report the matter forthwith to the commissioner. (2) upon the receipt of such report, if the commissioner, after making such inquiry as he deems necessary, is satisfied that an arrangement for the administration of the math and its endowments or of the specific endowment, as the case may be, is ..... action, as against the respondent, for breach of those conditions. 11. mr. i. v. rangacharya, learned counsel for the respondent fully supports the reasons given by the learned judges of the high court, for accepting the claim made by his client, in the writ petition. 12. the short question that arises, for considerations, is as to whether the ..... the office of the trustee of the math, so as to enable the appellant to take action, under s. 53 of the act. the high court has, in this connection, referred to the findings recording by the subordinate judge's court, in favour of the respondent, in o. s. 50 of 1962. the mere circumstances that after a person has .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-14-1967
Reported in : AIR1968SC867; 1968CriLJ1023; [1968]2SCR246
..... in the ordinary course of nature. this part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender.' 12. the learned judge further explained the third ingredient at p. 1503 in the following words : 'the question is not whether the prisoner intended to inflict a seriou sinjury or a trivial one but ..... was limited to the question whether the case comes under s. 302 of the indian penal code. the case of the prosecution which has been accepted by the learned sessions judge and the high court was, in brief, as follows : on january 31, 1962, at about 2.30 p.m., a fight took place between dalip kumar, p.w. 12, ..... it was the intention of the appellant to inflict this particular injury on this particular place. it is, therefore, not possible to apply clause 3 of s. 300 to the act of the accused. 15. nevertheless, the deceased was in a crouching position when the appellant struck him with the knife. though the knife was 5' to 6' in length including .....
Tag this Judgment!