Court : Supreme Court of India
Decided on : Jan-30-1967
Reported in : AIR1967SC1226; [1967(15)FLR63]; (1967)ILLJ724SC; [1967]2SCR507
..... able to establish that respondents 2 and 3 have committed the offences, without his knowledge, consent or connivance, there is a general finding by the learned judges that the fact that the appellant had specifically mentioned, in his circulars issued, about double employment and the fact that the wages for the workers concerned have ..... that the appellant had not proved that he has used due diligence to enforce the execution of the act and that respondents 2 and 3 have committed the offence without his knowledge, consent or connivance, the learned judges dismissed the appeals filed by the appellant against his conviction and also cancelled the rule issued to respondents ..... the offences in question, without his knowledge, consent or connivance. therefore he prayed for an inquiry into his allegations and to hold respondents 2 and 3 guilty of the offence of violation of the provisions of section 63 of the act. 4. before we go into the further proceedings that took place before the magistrate, it .....
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 : Dec-14-1967
Reported in : AIR1968SC832; [1968]2SCR641
..... advance accomplice evidence any further. we are only looking into the previous statement to see if it discloses any variation which would put us on further inquiry. the real check comes when one compares these two statements with that made by bengali. a remarkable degree of agreement is found there also. in ..... accused. the judicial committee acquitting the accused observed : '...... their lordships whilst not doubting that such a conviction is justified in law under s. 133, evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused given independently, and without an opportunity of previous ..... generally and in particular on the following grounds : it is submitted firstly that these statements are not confessions proper to which s. 30 of the evidence act can be made applicable; secondly, that as bengali died and noor mohammad absconded before the trial was finally concluded against them, their statements are not .....
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!Court : Supreme Court of India
Decided on : Mar-21-1967
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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1967
Reported in : AIR1968SC432; (1968)GLR243(SC); [1968]1SCR597
..... petitions. hence these appeals. 5. counsel for the appellants formulated the following five propositions on which he impugned the high court's judgment : (1) that the inquiry under rule 4 of the land acquisition (companies) rules and the consequent report made by master to the government were invalid; therefore there being no valid report under ..... the collector. if therefore master can be said to have been specially appointed to perform the functions of to collector under the act no challenge can be entertained as to his competence to make the inquiry and the report under rule 4 of the said rules. mr. sanghi conceded that the notification dated october 1, 1963 did ..... special land acquisition officers in the state to perform the functions of the collector under the act within the area of their respective jurisdiction. on october 10, 1963 master had addressed a letter to the company to supply information for his inquiry under rule 4. on october 22, 1963 he issued notices to 27 owners of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1967
Reported in : AIR1968SC898; [1968]2SCR661
..... is referred to in sub-sections (2) and (3) arises in the course of a proceeding under this act, the jagir commissioner shall refer it for inquiry and decision of the court competent to do so and shall be bound by, and act according to such decision.' 5. section 46 provides : 'bar of jurisdiction. - (1) save as otherwise ..... a question referred to in section 3 of the rajasthan jagir decisions and proceedings (validation) act, 1955, arises and the question so arising has not already been determined by a competent authority, the jagir commissioner shall proceed to make an inquiry into the merits of the question so arising and pass such orders thereon as he deems ..... fit. (2) every question referred to in section 3 of the rajasthan jagir decision and proceedings (validation) act, 1955 shall be inquired into and decided by a revenue .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-09-1967
Reported in : AIR1968SC850; (1970)ILLJ633SC; [1968]2SCR186
..... his duty beyond this and to insist that he and other members of the board should do everything personally would be to impair his efficiency. unlike a judge in a court he is not only at liberty but is compelled to rely on the assistance of his staff.' 22. we accordingly reject the argument ..... of the state or states affected by such law) as parliament may deem necessary. ......................................................'17. by virtue of the power under art. 4 the said act was enacted. on behalf of the appellants the solicitor-general put forward the argument that the power of integration is not exclusively conferred upon the central government ..... state public services. this power is, however, subject to the other provisions of the constitution. article 309 states : 'subject to the provisions of this constitution acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-1967
Reported in : AIR1968SC904; [1968]2SCR133
..... suitably amended. it also recommended that every candidate for the membership of parliament or state legislature, union and state ministers, members of parliament and state legislatures, judges of the supreme court and high court and the comptroller and auditor general of india should take oath to uphold the sovereignty and integrity of india. in ..... age; (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament.' 8. the representation of the people act, no. 43 of 1951 provided some qualifications for membership of the house of the people, by s. 4. besides that art. 102 of the constitution provided ..... issue no. 1. 6. in order to decide this issue, we have to see what the constitution provided, before the constitution (sixteenth amendment) act, 1963 (hereinafter referred to as the amendment act). this act was passed on october 5, 1963. before that amendment art. 58(1) with which we are concerned in the present petition was in these .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-1967
Reported in : AIR1968SC209; [1968]1SCR124
..... judgment of bachawat and bhargava, jj. was delivered by bhargava, j. shelat, j. delivered a dissenting opinion. bhargava, j.--we have had the benefit of reading the judg- ment proposed to be delivered by our brother shelat, j., but regret that we are unable to agree with him. the facts of this case have already been given in ..... property under the mitaksbara law as applied in that area. the right of hindu woman in it joint hindu family was confined to maintenance, residence and marriage expenses. the act for the first time enlarged her rights. the mysore high court in venkatachaliah v. ramalingiah(1) stated this principle and, in our opinion, correctly. it was also ..... be a partition between brothers under clause (b) and it was possible to hold that the widow of the predeceased undivided brother was entitled to a share. though act x of 1933 is a social legislation and should be liberally construed the construction has to be in conformity with its language. these decisions seem to show that the .....
Tag this Judgment!