Court : Supreme Court of India
Decided on : Feb-27-1967
Reported in : 1967(0)BLJR749; [1967]2SCR757
..... that this statement is false. the respondent filed an affidavit stating that the appellant was directly informed of the passing of this ex-parte decree by the first civil judge on august 16, 1958. this statement was not denied by the appellant. the courts below concurrently found that the appellant was personally present in the court of the ..... the ex-parte decree passed in suit no. 22 of 1958. this application was numbered as miscellaneous case no. 104 of 1958. on august 16, 1958, the first civil judge, kanpur, passed an order setting aside this ex-parte decree on certain conditions. the order sheet in o.s. no. 22 of 1958, misc. case no. 104 of ..... bachawat, j. 1. this appeal incidentally raises a question of interpretation of article 164 of the indian limitation act, 1908. the respondent instituted two suits against the appellant in the court of the first civil judge, kanpur. suit no. 25 of 1958 was for the recovery of moneys due on a mortgage for rs. 50,000. suit no. 22 of 1958 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1967
Reported in : AIR1968SC881; 1968(16)BLJR606; 1968CriLJ1025; [1968]2SCR522
..... through s. 326, namely, causing grievous injury by burning to the two major offences, namely, culpable homicide not amounting to murder and even murder itself. the sessions judge chose the lowest end of the spectrum which is surprising enough, because the burns were so extensive that they were certainly grievous by all account. the high court placed ..... ram prasad falls within culpable homicide not amounting to murder or the higher offence of murder itself. here we see that death has actually been caused by the criminal act; in other words, there has been homicide and since it is not accidental or suicidal death, responsibility for the homicide, in the absence of any exceptions or ..... code. in other words, his offence was culpable homicide amounting to murder even if he did not intend causing the death of mst. rajji. he committed an act so imminently dangerous that it was in all probability likely to cause death or to result in an injury that was likely to cause death. we are accordingly of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-18-1967
Reported in : AIR1968SC271; [1968(16)FLR1]; (1967)IILLJ872SC; [1968]1SCR260
..... higher authority. in view of our findings as above, as also the fact that the authority in this case dis-regarded the provision as to hearing and inquiry contained in the act for all practical purposes, we hold that the civil court had jurisdiction to entertain the suits. 27. the question next arises as to whether the plaintiff's ..... the high court; and s. 12-d lays down that petitions, applications and appeals to high court should be heard by a bench of not less than two judges.... it could thus be seen that any dealer who is aggrieved by an order of assessment passed in respect of his transactions, can avail himself of the remedies ..... (sub-normal workers) were not entitled to full minimum wages without performing a normal day's task or without working the prescribed number of working hours. the subordinate judge framed a number of issues including one regarding the maintainability of the suits, heard evidence and came to the conclusion that the decisions or orders of the deputy commissioner .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-1967
Reported in : AIR1968SC178; (1968)70BOMLR134; 1968CriLJ231; 1968MhLJ371(SC); [1967]3SCR415
..... to cross-examine any witness upon any answer given in reply to any such question : . . . . . . . .' 7. these two sections between them confer jurisdiction on the judge to act in aid of justice., 8. the presidency magistrate, esplanade, in dealing with the petition to call dutta passed an order on july 26, 1965 in which he remarked that there ..... obligation of the court provided the just decision of he case demands it. in other words, where the court exercises the powder under the second part, the inquiry cannot be whether the accused has brought anything suddenly or unexpectedly but whether court is right in thinking that the new evidence is needed by it for a ..... several others which have been appropriately described in the heading to the chapter as 'miscellaneous'. it provides : 's. 540 : any court may, at any stage of any inquiry, trial or other proceeding under this code, summon any person as a witness, or examine any person in attendance, though not summoned as a witnesses, or recall and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-1967
Reported in : AIR1967SC1368; [1967]3SCR50
..... 4) even the high court held that in regard to licensees against whom there were no complaints a further inquiry should be held. in support of the contention we were taken through all the necessary correspondence. the learned judges on a consideration of the entire material placed before them, held that the commissioner of excise and taxation ..... restriction on the appellant's fundamental right to do business. 23. this argument was sought to be sustained on the following grounds : (1) though under the act yearly leases were issued, in practice renewal was a matter of course. (2) on the basis of the issuance of a licence heavy expenditure had been incurred ..... said localities, the respondents refused to renew their licences to carry on the said business in the said localities. they also pleaded that under the excise act, 1958, hereinafter called the act, the issuing of licence was at the discretion of the excise commissioner and he had, having regard to the complaints received, bona fide, in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-18-1967
Reported in : AIR1967SC1145; [1967]2SCR406
..... which he is interested; and the collector has to give an opportunity to the said objector of being heard; and, after hearing objections and making such further inquiry, the collector is to submit the case to the state government along with his report. under section 5, the state government may direct the prescribed authority or ..... farmers society, the 3rd respondent herein. in both the appeals there was a common attack against the order of the learned single judge setting aside the entire proceedings taken by the government, under the act. the division bench has also held that art. 166(2) is only to the effect that, when authentication is made in the ..... other matters pertaining to the preparation and submission of such a scheme. 13. the appellant's writ petition was heard, in the first instance, by a learned single judge of the calcutta high court. the appellant raised, broadly, two contentions. the first contention was that the notification, issued under section 4 as well as the declaration .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-1967
Reported in : AIR1967SC1581; (1967)69PLR781; [1967]3SCR399
..... 7 gives the collector the power 'to recover rent or damages in respect of public premises as arrears of land revenue. for the purpose of holding any inquiry under the act, the collector has the power of summoning witnesses and certain other powers vested in the civil court when trying a suit (s. 8. an appeal lies ..... .r. 353. (8) [1955] 1 s.c.r. 448 at 466. clusions of the investigation commission when acting both as investigators and judges, the taxation of income (investigation commission) act 1947, might have been sustained. even an act giving the executive an option of sending a case for trial by a special criminal court is not necessarily violative of art ..... provisions are similar to those of the public premises (eviction of unauthorized occupants) act, 1958, save that an appeal under the central act from an, order of the estate officer lies to the district judge. the high court found that the act does not offend arts. 14 and 19(1)(f) of the constitution. the appellant has now abandoned .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-1967
Reported in : AIR1968SC418; (1968)70BOMLR332; 1968MhLJ435(SC); [1968]1SCR652
..... by the applicants, the assistant charity commissioner was bound to declare the existence of the public trust and register it. under s. 19 of the bombay public trusts act an inquiry may be started by the deputy or assistant charity commissioner either on an application made under s. 18 or on an application made by any person having interest in ..... for either a religious or charitable or for both by the express words of the definition is a public trust. we are unable to agree with the learned assistant judge that sadhus, religious mendicants and visitors to the samadhi of nagabawa are not a section of the public. they have a common bond of veneration for the samadhi. ..... the order of the collector, nor is it a suit in which the relief claimed is inconsistent with the order of the city survey officer. 10. the learned assistant judge held that the beneficiaries referred in ext. 14 as 'sadhus, saints and religious mendicants' do not from the public or a section thereof, and on that account also .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1967
Reported in : AIR1968SC707; 1968(16)BLJR734; 1968CriLJ665; 1968MhLJ520(SC); [1968]2SCR287
..... proper appraisal of the evidence which he found to be unsatisfactory. looking to all the circumstances that have been brought to our notice, we are satisfied that the sessions judge acted within his rights in deciding the case which to us appears also to be somewhat doubtful in many respects and the high court was therefore in error in taking upon ..... admitted before us that all the cases had in fact ended in favour of the appellant's sister. 4. the occurrence is stated to have taken place when an inquiry into a case under s. 107 of the code of criminal procedure was taking place. a notice had been issued to kuldip singh's party to show cause why ..... appellant as the assailant, describing the weapon of attack as a revolver. kuldip died and the case was started against the appellant as stated already. 6. the learned sessions judge on an appraisal of the evidence found it unsatisfactory. he began by stating that the medical evidence as also the evidence of the ballistic expert (p.w. 17) clearly .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1967
Reported in : AIR1968SC883; [1968]38CompCas348(SC); [1968]68ITR630(SC); [1968]2SCR539
..... . on a similar line of reasoning the consideration of losses in the earlier years should be made in the setting and context of the inquiry whether the company could be regarded as acting reasonably in declaring a smaller dividend. it is true that as a result of the losses having been adjusted against the paid-up capital they ..... adjusts losses against the paid-up capital and reconstructs its capital, the financial position of the company and its dividend distributing capacity in subsequent years have to be judged only by the result of its trading after reconstruction and not with reference to earlier losses which have disappeared by adjustment. in our opinion, there is no ..... was only rs. 24,750/-. the income-tax officer with the previous approval of the inspecting assistant commissioner, therefore, applied the provisions of s. 23a of the act to the respondent-company and held that the company should be deemed to have declared a dividend of rs. 3,95,798/-. the respondent-company appealed to the .....
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