Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Court: supreme court of india Year: 1967 Page 3 of about 141 results (0.561 seconds)

Hans Raj Vs. Rattan Chand, Etc.

Court : Supreme Court of India

Reported in : 1968MhLJ164(SC); [1967]3SCR365

..... condonation of delay but failed to ascertain with reference to the nature of i. a. no. 1900 of 1960. whether it fell under s. 4 of the provincial insolvency act. the learned judge found that the petitioner had not made any claim before the official receiver and even if she chose to make any such claim, the official receiver had no power ..... was a claim put forward by a stranger to the insolvency proceedings setting up his own independent title. and it fell within the scope of s. 4 provincial insolvency act.' 12. the learned judges distinguished the cases of bhairo prasad v. s. p. c. dass : air1919all274 and hussaini v. muhammad zamir abdi a.i.r. 1924 oudh 294, on the ground ..... any question of the nature referred in sub-section (1) but has reason to believe that the debtors has saleable interest in any property the court may without further inquiry sell such interest in such manner and subject to such conditions as it may think fit'. 4. section 5 lays down the general powers of court under the .....

Gopi Kanta Sen Vs. Abdul Gaffur and ors.

Court : Supreme Court of India

Reported in : [1968]1SCR170

..... ground that he had sold his interest by a registered sale deed dated april 12, 1949 to one subasini. on a consideration of the provisions of the act and the ordinance, the subordinate judge held that the appellant, gaffur, was not liable to ejectment in the absence of any grounds therefore in the notice to quit in accordance with s. ..... thika tenant a notice to show cause within thirty days from the date of service of the notice why the application shall not be allowed and after making an inquiry in the prescribed manner either allow the application or reject it after recording the reasons for making such order......'7. the section further provided that no order allowing an ..... the suit was heard. the ground need not be specified in the plaint, but nevertheless it had to be established in the suit. in this case, the learned subordinate judge, seventh court, alipore who was directed by the remand order of the calcutta high court to take fresh evidence, if necessary, was not called upon by any of .....

Jagir Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1968SC43; 1968CriLJ89; (1968)70PLR201; [1967]3SCR256

..... , the appellants, about whose identity there is no manner of doubt whatsoever, cannot escape the consequences of the act of all the six persons merely because in the case of three of those who have been acquitted the learned judge has not been satisfied as to their identity and the fourth he has acquitted on a consideration that as no ..... corroboration is available as to him of the witnesses he may be given the benefit of doubt. the matter might have been different if the learned judge had disbelieved the witnesses with regard to those four persons, but this he has not done.' 4. the charge against the six accused including the two appellants was ..... bombay : 1960crilj424 , 12 named persons including the two appellants were charged with offences under s. 302 read with sections 149 and 34 of the indian penal code. the sessions judge acquitted seven of the accused but convicted five under s. 302 read with s. 149 and s. 302 read with s. 34. on appeal, the high court acquitted one .....

Bhajan Singh Hardit Singh and Co., Delhi Vs. Karson Agency (India) and ...

Court : Supreme Court of India

..... from the end of july, 1951, and therefore, the suit was barred by time. (7) the learned subordinate judge held that according to section 46 of the sale of goods act read with section 54 of the same act, an unpaid seller has a lien on the goods for the price while he is in possession of them, and ..... respondent on 23-8-1951, and was thus barred by time. dealing with this contention, the learned judges observed that the aforesaid argument did not take sufficient account of section 24 of the indian limitation act. after extracting section 24, the learned judges proceeded to observe as follows:- 'a breach in the abstract would not be sufficient, in our opinion, ..... no reference was made either by the parties or the learned subordinate judge to any particular article in the limitation act as being applicable to the case. they appear to have assumed that the period of limitation was 3 years, presumably under article 115 of the limitation act, and the controversy was only as to the date on which the .....

Rajendra Prasad JaIn Vs. Sheel Bhadra Yajee and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1445; 1967(0)BLJR718; 1967CriLJ1218; [1967]3SCR19

..... the direction to decide whether a case placed before him under art. 28 of the letters patent should be heard by one judge or more judges than one, and this power of the chief justice was actually exercised when in this case, he directed that the case ..... of the high court at patna is significant. under r. 1 (xi) a case under the indian companies act is to be heard by a single judge; and r. 3 indicates the nature of one of the orders which can be passed by a bench hearing ..... himself keen to support. it cannot be said in these circumstances that any irrelevant material as taken into account by the learned judge at this stage. we cannot, therefore, hold that there was any such misreading of evidence or admission of irrelevant evidence which ..... six groups and each group was asked to vote for a particular candidate. this was the allotment referred to by the learned judge. this circumstance is quite relevant; because it is obvious that another candidate seeking to bribe a voter of the congress party .....

Mohammad Khalid Vs. the Chief Commissioner, Delhi

Court : Supreme Court of India

..... in mahmood ahmed abbasi v. the administrator of karachi, criminal miscellaneous application no. 483 of 1959, decided on 19th december, 1960 the main reason which weighed with the learned judges in deciding in favour of the petitioner in that case, was precisely the same which has weighed with us in disposing of this petition. (8) we, therefore accept ..... forfeited and to issue search warrants for the same, and reads as under '(1) where- ia.) any newspaper, or book as defined in the press and registration of books act 1867 (25 of 1867), (b) any document, wherever printed, appears to the state government to contain any seditious matter or any matter which promotes or is intended to ..... feelings of enmity or hatred between different classes of citizens of india and the publication of which is punishable under-section 153a of the indian penal code (act xlv of 1860) now, therefore, on the above-stated grounds and in exercise of the powers conferred by section 99a of the code of criminal procedure .....

Collector of Akola and ors. Vs. Ramchandra and ors.

Court : Supreme Court of India

Reported in : AIR1968SC244; (1968)70BOMLR128; 1968MhLJ358(SC); [1968]1SCR401

..... to be used. it may be used for a temporary purpose or for a purpose which is not temporary in nature. it is for the requisitioning authority to judge and not for a court of law to decide how best the land is to be used. if the requisitioning authority uses the land for a purpose which is ..... for such purpose as it shall think fit, not exceeding three years from the commencement of such occupation. apart from these provisions in the land acquisition act there are several state acts which empower the appropriate governments to acquire property which is subject to requisitioning orders. if there is an emergency to meet which the power to requisition is ..... needed for settling a new gaothan where the victims of the flood could be resettled. at a later stage the state government also initiated proceedings under the land acquisition act, 1894 in respect of those very lands and issued a notification under section 4 thereof. on december 14, 1961 the respondent filed a special civil application in the .....

Andhra Sugars Ltd. and anr. Etc. Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1968SC599; [1968]1SCR705; [1968]21STC212(SC)

..... into contracts of purchase of cane offered by the canegrowers on prescribed terms and conditions. 11. in the indian steel & wire products ltd. v. state if madras : [1968]1scr479 , the court held that sales of steel products authorised by the controller under cls. 4 and 5 of the iron and steel (control of production and distribution) order, ..... cane required for use, consumption or sale in a khandsari unit.' 3. also the following sub-sections (kk) and (kkk) were inserted in s. 2 of the principal act : '(kk) 'khandasari sugar' means sugar produced by open-pan process in a khandasari unit from sugarcane juice, or from rab or gur or both, containing more than ..... under art. 32 of the constitution, the petitioners ask for an order declaring that s. 21 of the andhra pradesh sugarcane (regulation of supply and purchase) act, 1961 (andhra pradesh act no. 45 of 1961) is unconstitutional and ultra vires and a direction prohibiting the respondents from levying tax under s. 21 and to refund the tax already .....

Deputy Commissioner and Collector, Kamrup and ors. Vs. Durga Nath Sarm ...

Court : Supreme Court of India

Reported in : AIR1968SC394; [1968]1SCR561

..... (fourth amendment) act. we are unable to accept this contention. in support of his contention, counsel drew out attention to the ..... either by art. 31a or by art. 31(5)(b)(ii). the next question is whether act no. 6 of 1955 contrivances art. 31(2). the constitutionality of the act must be judged by art. 31(2) as it stood before the constitution (fourth amendment) act. in the state of west bengal v. bela banerjee and others : [1954]1scr558 the court ..... no power to enact that an acquisition made under a constitutionally invalid act is valid. 32. counsel submitted that assam act no. 21 of 1960 is a piece of legislation providing for acquisition of land independently of the earlier act and the validity of this act must be judged by reference to art. 31(2) as it stood after the constitution .....

Commissioner of Expenditure-tax, Gujarat, Ahmedabad Vs. Darshan Surend ...

Court : Supreme Court of India

Reported in : AIR1968SC1125; (1968)0GLR1043; [1968]69ITR683(SC); [1968]2SCR589

..... follows : 'unless otherwise provided in section 5, the following amount shall be included in computing the expenditure of an assessee liable to tax under this act, namely :- (i) any expenditure incurred, whether directly or indirectly by any person other than the assessee in respect of any obligation or personal ..... sets out certain exemptions and s. 6 sets out certain deductions in the computation of taxable expenditure. in computing the taxable expenditure of an assessee under the act, the expenditure actually incurred by an assessee is increased by certain specific items of expenditure incurred by persons other than the assessee, and reduced by the amounts ..... follows : 'unless otherwise provided in section 5, the following amounts shall be included in computing the expenditure of an assessee liable to tax under this act, namely :- (i) any expenditure incurred, whether directly or indirectly by any person other than the assessee in respect of any obligation or personal requirement .....