Court : Supreme Court of India
Decided on : Aug-03-1967
Reported in : AIR1968SC205; (1968)ILLJ1SC; [1968]1SCR97
..... same nature as the provision made by s. 13(2) of the bengal, agra and assam civil courts act in respect of subordinate judges or munsifs, and since subordinate judges and munsifs can exercise jurisdiction by virtue of s. 13(1) of that act to decide civil suits, it should be held that labour courts, by virtue of their constitution under s. ..... two or more subordinate judges or to two or more munsifs, to assign to each of them such civil ..... limits of the jurisdiction of any civil court under that act. it was urged by him that this provision was similar to the provision contained in s. 7(1) of the act. section 13(2) of the bengal, agra and assam civil courts act thereafter gives the power to the district judge, in cases where same local jurisdiction is assigned to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1967
Reported in : AIR1968SC585; [1968(16)FLR242]; (1968)ILLJ555SC; [1968]1SCR581
..... , keen, williams, private ltd. v. p. j. sterling : (1959)iillj405sc , the management had framed standing orders which had been certified, under the standing orders act. on the basis of those standing orders, certain workmen were voluntarily retired, at the age of 55 years, and the dispute, regarding this matter, was referred to the ..... orders, otherwise than in accordance with s. 10; and, finally, jurisdiction is given under s. 13a, to the labour court, constituted under the standing orders act, to entertain any dispute the may be referred to it, by the employer or workmen, regarding the application, or interpretation of a standing order. these provisions, ..... , regarding matters which might be covered by the standing orders of the management, by the workmen and such a dispute was referred, for adjudication, under the act, by the government concerned, the tribunal had full jurisdiction to adjudicate upon that dispute. 7. these two questions have been answered, by the industrial tribunal, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-05-1967
Reported in : AIR1968SC372; (1968)70BOMLR73; 1968MHLJ287(SC); [1968]1SCR455
..... of the full bench of the gujarat high court had 'no existence in law', for in the absence of a provision in the constitution and the charter act of 1861, a judge of a high court had no power to refer a case to a full bench for determination of a question of law arising before him, and a decision ..... intended thereby to confer upon the charity commissioner an overriding authority upon actions of the civil court in execution of decrees. 5. the learned judge also held that s. 56b of the bombay public trusts act which provides that 'in any suit or legal proceedings in which it appears to the court that any question affecting a public religious or ..... a precedent of a court of coordinate authority is binding reference to s. 165 of the evidence act is irrelevant. undoubtedly, every judgment must be based upon facts declared by the evidence act to be relevant and duly proved. but when a judge in deciding a case follows a precedent, he only regards himself bound by the principle underlying the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-1967
Reported in : AIR1968SC49; [1968]67ITR11(SC); [1968]1SCR10
..... assessment; and (ii) that it is in consequence of information which he has in his possession and that he has reason so to believe. since the learned judges of the high court have concentrated their attention upon the second branch of the condition and have reached their conclusion in favour of the assessees on that branch, ..... that income chargeable to tax had escaped assessment, the income-tax officer has jurisdiction to assess or reassess income under s. 147(1)(b) of the income-tax act, 1961. information in his possession that income chargeable to tax has escaped assessment furnishes a starting point for assessing or reassessing income. if he has that information, ..... divert the income before it accrues or arises to him. effectiveness of the device depends not upon considerations of morality, but on the operation of the income-tax act. legislative injunction in taxing statues may not, except on peril of penalty, be violated, but it may lawfully be circumvented. 13. if the goods were nominally .....
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 : 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 : 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 : Nov-23-1967
Reported in : AIR1968SC751; [1968]2SCR395
mitter, j. 1. this is an appeal by special leave from a judgment and decree of the high court of andhra pradesh confirming the decree passed by the subordinate judge at eluru in o. s. no. 112 of 1955. the only question involved in this appeal is, whether, under the terms of the will of one boddu adilakshmi, ..... as follows :- '.......... my entire property should hereafter my lifetime pass to both these minors, lakshmamma and ramarao, that until their minority period is over, banda ramaswamy garu......... should act as their guardian and deal with all the affairs, that after their minority period is over the entire property should be in possession of both of them, that both of ..... alike the properties be in divided per stirpes among them. 6. let us now consider the position in law. the law has been summarised in mulla's transfer of property act (fifth edition) at page 226. as early as 1896 it was held by the judicial committee of the privy council in jogeswar narain deo v. ram chund dutt & .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1967
Reported in : AIR1968SC806; [1968]2SCR651
..... well established, it is strange that they are unable to state a single instance in point on an occasion like the compilation of the riwaj-i-am, when detailed inquiries are being made and when the leading men are supposed to give their answers with deliberation and care.' 12. the principle was reiterated by this court in mahant salig ..... to the non-ancestral property under the custom of the district. accordingly the trial court dismissed the suit of the plaintiff. the decree was affirmed by the additional district judge, ferozepore in appeal. mst. nihal kaur preferred a second appeal to the punjab high court which was allowed and the suit of the plaintiff was decreed. the high ..... kaur is the daughter of dulla singh. on november 14, 1957 she instituted the suit which is the subject-matter of the present appeal in the court of subordinate judge, muktsar for a declaration that she was the legal heir of the land left by smt. indi and that she was entitled to inherit the estate to the exclusion .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-1967
Reported in : [1968]68ITR177(SC)
..... recorded no finding on the question whether there had in fact been partition of the joint family and on that account the joint family had ceased to exist. the learned judges of the high court were apparently of the view that the word 'assessed' in section 25a (1) and (3) means 'actually assessed'; it does not include a case in which ..... recorded no conclusion on that part of the case and disposed of the contention raised by the assessee observing that unless an application under section 25a of the income-tax act was made and granted, the question whether there was disruption of the family cannot it view of section 25a (3) be agitated.counsel for the assessee contended that the ..... a return of its income in its own name even for the assessment year 1959-60, and that in the absence of an order under section 25a (1) of the act, assessment on the hindu undivided family was proper. in so holding, the high court relied upon the judgment in kalwa devadattam v. union of india. the high court also .....
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