Array ( [0] => ..... before our learned brother, seshachalapati j., that the assistant collector had no jurisdiction to proceed with a fresh inquiry, having regard to section 35 of the central excise act. this contention did not find favour with the learned judge with the result that the petition was dismissed with costs. it is this order that is how under appeal ..... this view was expressed by satyanarayana raju j. in narasimharaju v. state transport authority, (1958 andh lt' 627). there, the learned judge was dealing with section 64-a of the motor vehicles act. all the same, we feel that that decision has analogy here because the provisions of that enactment are similar to those of the statute ..... the appellant, is that under section 35 of the central excise act. the only power that is vested in the appellate authority is to confirm, alter or annul the decision or order appealed against and it is not competent for him to direct a fresh inquiry. as the controversy centres round the interpretation of section 35, it ..... [1] => ..... does not present much difficulty. that the expression 'individuals' cannot merely mean individual human beings but is wide enough to comprehend indivi-duals forming a unit, is evident from the judg-ment of their lordships of the supreme court in commr. of income-tax, m. p. v. sodra dcvi, (s) : [1957]32itr615(sc) . bhagwati j., ..... index to the interpretation of item 86 in list i of the seventh schedule.22. for these reasons, we uphold the validity of section 3 of the act in its relation to hindu undivided families and the wealth tax officers are authorised to initiate proceedings in assessing the capital assets of hindu undivided families. no ..... thereupon, the assessee moved this court to remove those orders on certiorari.3. the principal contention urged on behalf of the petitioner is that section 3 of the act, which enables the revenue to tax a hindu undivided family, is beyond the legislative competence of the union parliament and, consequently, the proceedings started by the proper ..... [2] => ..... that arose for decision in that case was whether the civil court's jurisdiction to entertain the suit was excluded by virtue of section 18-a of the act. the learned judges answered the question in the negative holding that 'section 18-a does not apply inasmuch as the suits were not to set aside or modify the assessment ..... the bombay high court remarked that the question whether there had been a legal adjudication in accordance with the provisions of the act was not a question excluded from the cognisance of the ordinary civil courts. the learned judges said: 'the case, therefore, must be remanded to have it determined in the first instance whether there has or has ..... of the madras high court in support of his conclusions that section 18-a of the act did not relate to refund of taxes illegally collected. the learned judge erred in relying upon these cases, as they dealt with section 18 of the act which enacts: 'no suit shall be instituted against the state government and no suit, prosecution ..... [3] => ..... that it is not obligatory on the court to issue notice after the issue of the commission; on the other hand there is a definite finding by the learned judge that there is a definite finding by the court as required by rule18. as no direction was given by the court under rule 18 and no notice was given ..... had not acquired any right by prescription, the other question that arises is whether he has acquired that right as an easement of necessity. section 13 of the easements act refers to easements of necessity and quasi-easements. it reads:'where one person transfer or bequeaths immovable property to another: (a) if an easement in other immovable property ..... venkataramana the learned counsel for the appellants is tht there is absolutely no evidence. before discussing the evidence, i would like to refer to the relevant provisions of the act. (17) section 15, which refers to the acquisition by prescription is to the following effect:'where the access and use of light or air to and for any ..... [4] => ..... there was no evidence let in on behalf of the appellants to show that the girl when making the adoption was not qualified to do the act.the learned judges held that having regard to the circumstance that the adoption came to be questioned after so many years it was impossible to expect anything more than ..... and their lordships, after referring to a variety of considerations, -- the transfer of the adopted son from his natural home to his adopted home; his recognition after inquiry, by the legal authorities; proceedings in which the plaintiff himself had acknowledged the adopted boy's right; the dilatoriness of the plaintiff in preferring his claim-- expressed of ..... date of the will and he played a prominent part in the registration of the document. d. ws. 2nd 3 gave straightforward evidence and the learned trial judge has no hesitation in accepting their testimony.(16) learned counsel for the plaintiff relied upon the non-production of the will as a strong suspicious circumstance against its ..... [5] => ..... on the original side was tried by the small causes court. in a revision preferred under section 25 of the act it was held by the learned judge that since the decree of the court below was passed interfere in revision. it does not appear from a persual ..... (13) in their referring order it is observed by sankaran nair j. as follows at page 325:'i agree therefore with the learned judges in ilr 27 mad 477 that the principle of the express provision in sec. 646 (b) c.p.c. should be followed in ..... were over ruled by the district munsif, who passed a decree in favour of the plaintiff. on appeal by the defendant to the subordinate judge of eluru, this decree was set aside. the plaintiff applied to the high court in revision under section 622 c.p.c. (now ..... justice that the high court is not bound to allow the point to be taken for the first time in revision. the learned judge observed that as the point was being constantly taken for the first time in the high court in similar revision petitions, he ..... [6] => ..... of which the opposite can be said, namely, that they are unnatural, unreasonable, or tinged with impropriety.'(16) these principles long established by the wisdom of the judges of the highest courts are of value only for general guidance for ultimately. whether a will has been really executed by the testator in a sound and disposing ..... and correct.(32) the next and the most important question is whether the testator had the testamentary capacity to execute the will. (33) section 59of the indian succession act requires that the testator should have a sound mind and the illustrations 1d to 3 throw some, light as to the significance of the expression 'sound mind '. the ..... the standing order 275 aforesaid were nor complied with, we are of opinion that it is a mere irregularity which is certainly curable under sec. 87 of the act.(27) it is, then contendsed that even if the endorsement is legally admissible, the probative value of the endorsement is seriously impaired by the non-examination of ..... [7] => ..... some of the courts to frame some test which must be satisfied in order to bring an accident within the course of a workman's employment, leaving the county court judge in each case to decide whether the evidence establishes that the test is satisfied. i myself have been rash enough to suggest a test, namely, that a workman is ..... every fortnight and he was a regular and continuous worker and not a casual labourer. it was therein held that the deceased was a workman within the meaning of the act, in that case, the workmen had to reach the workspot, which was about seven miles away from their village, in a lorry provided by the employer at a nominal ..... employed otherwise than for the purpose of the employer's trade or business and that therefore the deceased was a 'workman' within the meaning of section 2(n) of the act and a was liable under section 12 thereof to pay compensation. dealing with the contention that the deceased was not a workman, it was therein observed that the definition of ..... [8] => ..... appeal merely on the question of law which was taken as a preliminary point, i called for a finding in regard to issue no. 1. the learned subordinate judge submitted his finding that the transaction was entered into fraudulently with a view to defeat and delay the creditors of defendants 2 to 6 and that on the date ..... to the case by the plaintiff appears to be one that falls within the scope of section 53 of the transfer of property act', he had not gone into the question fully. the learned subordinate judge took up the only question regarding the maintainability of the suits and construing the plaint as containing the allegations that the mortgage transaction ..... distinction between a mortgage and a sale for purposes of section 53 of the transfer of property act in the matter of the exctent to which it could be set aside, whether it is partly supported by consideration or not. the learned judge was considering a case where a mortgage was partly supported by consideration and has ruled as ..... [9] => ..... the law mentioned in the corresponding entry in col. (1) of the said schedule: schedulefunctions authority(1) (2)hyderabad public servants tribunal for(tribunal of inquiry) act, disciplinaryxxii of 1950. proceeding's10. it is immediately plain from this notification that the tribunal for disciplinary proceedings constituted by the government was competent to perform ..... service.' teat is extraneous to the conditions of service of the officer. farther, we are not satisfied that the inquiry by the particular officer who was in the grade of a district judge and who has had varied experience, was in any way disadvantageous to him. in this view of the matter, ..... the qualification of the officer holding the post of the tribunal for disciplinary proceedings was raised in that case. the only point which the learned judge considered was whether the government had jurisdiction to refer the matter to the disciplinary tribunal. the question whether particular officer had the requisite qualification to ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Sortby Old - Court Andhra Pradesh - Year 1960 - Page 5 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: old Court: andhra pradesh Year: 1960 Page 5 of about 52 results (0.101 seconds)

Oct 17 1960 (HC)

Thimmasamudram Tobacco Co. Vs. Asst. Collector of Central Excise, Nell ...

Court : Andhra Pradesh

Decided on : Oct-17-1960

Reported in : AIR1961AP324

..... before our learned brother, seshachalapati j., that the assistant collector had no jurisdiction to proceed with a fresh inquiry, having regard to section 35 of the central excise act. this contention did not find favour with the learned judge with the result that the petition was dismissed with costs. it is this order that is how under appeal ..... this view was expressed by satyanarayana raju j. in narasimharaju v. state transport authority, (1958 andh lt' 627). there, the learned judge was dealing with section 64-a of the motor vehicles act. all the same, we feel that that decision has analogy here because the provisions of that enactment are similar to those of the statute ..... the appellant, is that under section 35 of the central excise act. the only power that is vested in the appellate authority is to confirm, alter or annul the decision or order appealed against and it is not competent for him to direct a fresh inquiry. as the controversy centres round the interpretation of section 35, it .....

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Oct 19 1960 (HC)

P. Ramabhadra Raju Vs. Union of India (Uoi)

Court : Andhra Pradesh

Decided on : Oct-19-1960

Reported in : AIR1961AP355; [1962]45ITR118(AP)

..... does not present much difficulty. that the expression 'individuals' cannot merely mean individual human beings but is wide enough to comprehend indivi-duals forming a unit, is evident from the judg-ment of their lordships of the supreme court in commr. of income-tax, m. p. v. sodra dcvi, (s) : [1957]32itr615(sc) . bhagwati j., ..... index to the interpretation of item 86 in list i of the seventh schedule.22. for these reasons, we uphold the validity of section 3 of the act in its relation to hindu undivided families and the wealth tax officers are authorised to initiate proceedings in assessing the capital assets of hindu undivided families. no ..... thereupon, the assessee moved this court to remove those orders on certiorari.3. the principal contention urged on behalf of the petitioner is that section 3 of the act, which enables the revenue to tax a hindu undivided family, is beyond the legislative competence of the union parliament and, consequently, the proceedings started by the proper .....

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Nov 16 1960 (HC)

The State of Andhra Pradesh Vs. the Firm of Illur Subbayya Chetty and ...

Court : Andhra Pradesh

Decided on : Nov-16-1960

Reported in : AIR1961AP512; [1961]12STC257(AP)

..... that arose for decision in that case was whether the civil court's jurisdiction to entertain the suit was excluded by virtue of section 18-a of the act. the learned judges answered the question in the negative holding that 'section 18-a does not apply inasmuch as the suits were not to set aside or modify the assessment ..... the bombay high court remarked that the question whether there had been a legal adjudication in accordance with the provisions of the act was not a question excluded from the cognisance of the ordinary civil courts. the learned judges said: 'the case, therefore, must be remanded to have it determined in the first instance whether there has or has ..... of the madras high court in support of his conclusions that section 18-a of the act did not relate to refund of taxes illegally collected. the learned judge erred in relying upon these cases, as they dealt with section 18 of the act which enacts: 'no suit shall be instituted against the state government and no suit, prosecution .....

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Nov 25 1960 (HC)

Pedda Seetharamappa and ors. Vs. Pedda Appaiah

Court : Andhra Pradesh

Decided on : Nov-25-1960

Reported in : AIR1962AP84

..... that it is not obligatory on the court to issue notice after the issue of the commission; on the other hand there is a definite finding by the learned judge that there is a definite finding by the court as required by rule18. as no direction was given by the court under rule 18 and no notice was given ..... had not acquired any right by prescription, the other question that arises is whether he has acquired that right as an easement of necessity. section 13 of the easements act refers to easements of necessity and quasi-easements. it reads:'where one person transfer or bequeaths immovable property to another: (a) if an easement in other immovable property ..... venkataramana the learned counsel for the appellants is tht there is absolutely no evidence. before discussing the evidence, i would like to refer to the relevant provisions of the act. (17) section 15, which refers to the acquisition by prescription is to the following effect:'where the access and use of light or air to and for any .....

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Nov 29 1960 (HC)

Voleti Venkata Rama Rao Vs. Kasapragada Bhaskararao and ors.

Court : Andhra Pradesh

Decided on : Nov-29-1960

Reported in : AIR1962AP29

..... there was no evidence let in on behalf of the appellants to show that the girl when making the adoption was not qualified to do the act.the learned judges held that having regard to the circumstance that the adoption came to be questioned after so many years it was impossible to expect anything more than ..... and their lordships, after referring to a variety of considerations, -- the transfer of the adopted son from his natural home to his adopted home; his recognition after inquiry, by the legal authorities; proceedings in which the plaintiff himself had acknowledged the adopted boy's right; the dilatoriness of the plaintiff in preferring his claim-- expressed of ..... date of the will and he played a prominent part in the registration of the document. d. ws. 2nd 3 gave straightforward evidence and the learned trial judge has no hesitation in accepting their testimony.(16) learned counsel for the plaintiff relied upon the non-production of the will as a strong suspicious circumstance against its .....

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Dec 01 1960 (HC)

Ethakota Peddu Raju and anr. Vs. Gannamareddi Lakshmayya

Court : Andhra Pradesh

Decided on : Dec-01-1960

Reported in : AIR1962AP162

..... on the original side was tried by the small causes court. in a revision preferred under section 25 of the act it was held by the learned judge that since the decree of the court below was passed interfere in revision. it does not appear from a persual ..... (13) in their referring order it is observed by sankaran nair j. as follows at page 325:'i agree therefore with the learned judges in ilr 27 mad 477 that the principle of the express provision in sec. 646 (b) c.p.c. should be followed in ..... were over ruled by the district munsif, who passed a decree in favour of the plaintiff. on appeal by the defendant to the subordinate judge of eluru, this decree was set aside. the plaintiff applied to the high court in revision under section 622 c.p.c. (now ..... justice that the high court is not bound to allow the point to be taken for the first time in revision. the learned judge observed that as the point was being constantly taken for the first time in the high court in similar revision petitions, he .....

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Dec 02 1960 (HC)

Ryali Kameswara Rao Vs. Bendapudi Suryaprakasarao and ors.

Court : Andhra Pradesh

Decided on : Dec-02-1960

Reported in : AIR1962AP178

..... of which the opposite can be said, namely, that they are unnatural, unreasonable, or tinged with impropriety.'(16) these principles long established by the wisdom of the judges of the highest courts are of value only for general guidance for ultimately. whether a will has been really executed by the testator in a sound and disposing ..... and correct.(32) the next and the most important question is whether the testator had the testamentary capacity to execute the will. (33) section 59of the indian succession act requires that the testator should have a sound mind and the illustrations 1d to 3 throw some, light as to the significance of the expression 'sound mind '. the ..... the standing order 275 aforesaid were nor complied with, we are of opinion that it is a mere irregularity which is certainly curable under sec. 87 of the act.(27) it is, then contendsed that even if the endorsement is legally admissible, the probative value of the endorsement is seriously impaired by the non-examination of .....

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Dec 02 1960 (HC)

Shree Krishna Rice and Flour Mills Vs. Challapalli Chittemma

Court : Andhra Pradesh

Decided on : Dec-02-1960

Reported in : (1961)IILLJ260AP

..... some of the courts to frame some test which must be satisfied in order to bring an accident within the course of a workman's employment, leaving the county court judge in each case to decide whether the evidence establishes that the test is satisfied. i myself have been rash enough to suggest a test, namely, that a workman is ..... every fortnight and he was a regular and continuous worker and not a casual labourer. it was therein held that the deceased was a workman within the meaning of the act, in that case, the workmen had to reach the workspot, which was about seven miles away from their village, in a lorry provided by the employer at a nominal ..... employed otherwise than for the purpose of the employer's trade or business and that therefore the deceased was a 'workman' within the meaning of section 2(n) of the act and a was liable under section 12 thereof to pay compensation. dealing with the contention that the deceased was not a workman, it was therein observed that the definition of .....

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Dec 12 1960 (HC)

Bandaru Subbaraidu Vs. Alluri Satyanarayana Raju and ors.

Court : Andhra Pradesh

Decided on : Dec-12-1960

Reported in : AIR1962AP25

..... appeal merely on the question of law which was taken as a preliminary point, i called for a finding in regard to issue no. 1. the learned subordinate judge submitted his finding that the transaction was entered into fraudulently with a view to defeat and delay the creditors of defendants 2 to 6 and that on the date ..... to the case by the plaintiff appears to be one that falls within the scope of section 53 of the transfer of property act', he had not gone into the question fully. the learned subordinate judge took up the only question regarding the maintainability of the suits and construing the plaint as containing the allegations that the mortgage transaction ..... distinction between a mortgage and a sale for purposes of section 53 of the transfer of property act in the matter of the exctent to which it could be set aside, whether it is partly supported by consideration or not. the learned judge was considering a case where a mortgage was partly supported by consideration and has ruled as .....

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Dec 13 1960 (HC)

Ramappa (M.) Vs. Government of Andhra Pradesh and anr.

Court : Andhra Pradesh

Decided on : Dec-13-1960

Reported in : (1961)ILLJ569AP

..... the law mentioned in the corresponding entry in col. (1) of the said schedule: schedulefunctions authority(1) (2)hyderabad public servants tribunal for(tribunal of inquiry) act, disciplinaryxxii of 1950. proceeding's10. it is immediately plain from this notification that the tribunal for disciplinary proceedings constituted by the government was competent to perform ..... service.' teat is extraneous to the conditions of service of the officer. farther, we are not satisfied that the inquiry by the particular officer who was in the grade of a district judge and who has had varied experience, was in any way disadvantageous to him. in this view of the matter, ..... the qualification of the officer holding the post of the tribunal for disciplinary proceedings was raised in that case. the only point which the learned judge considered was whether the government had jurisdiction to refer the matter to the disciplinary tribunal. the question whether particular officer had the requisite qualification to .....

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