Array ( [0] => ..... relied on certainly include also the decision in narayanamurthy v. madhavayya : (1947)2mlj366 . if the division bench of this court had accepted the view of the subordinate judge in narayanamurthy v. madhavayya : (1947)2mlj366 , as contended for the appellants there could have been no affirmance of the decision of ramakrishnan, j.8. it will ..... full performance of the contract, and it is argued that in this case on the trial court passing a decree granting relief under section 15 of the act, the plaintiff without accepting it, giving up further prosecution and seeking further enforcement of the agreement, preferred an appeal claiming a decree for conveyance of the entire ..... the appellants rests the appeal on the contention that the courts below erred in law in granting the plaintiff relief under section 15 of the specific relief act. it is contended that under section 15 the plaintiff has to elect to accept conveyance of part of the property on payment of the consideration agreed for ..... [1] => ..... to be struck down as violating the fundamental rights guaranteed by article 19 (g) of the constitution. but it is clear from the judgment that the learned judge found, that the licence was refused in that case on irrelevant grounds and the order of refusal was, therefore, liable to be quashed. this decision has been ..... , is void as the grounds mentioned therein do not relate to ' public health, safety and convenience '. under section 321 (4) of the madras district municipalities act-every order of a municipal authority refusing, suspending, canceling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds ..... for the petitioner put forward two contentions before me. the first contention is that the provision contained in section 249 (3) of the madras district municipalities act that the executive authority may by an order and under such restrictions and regulations as he thinks fit grant or refuse to grant such licence infringes his fundamental ..... [2] => ..... one year under the former section, by the sub-divisional magistrate of ulundurpet. no separate sentence was awarded under section 337, indian penal code.. on appeal the sessions judge, south arcot, confirmed the conviction and sentence.2. the prosecution case is briefly this : on the night of 17th september, 1965 at about 3 a.m., p ..... be inadmissible. if the first information does hot amount to a confession, any admission made therein can be proved against the maker under section 21 of the evidence act, the supreme court in faddi v. state of madhya pradesh : 1964crilj744 , in dealing with the admissibility of first information report given by an accused before a ..... police officer observed as follows:admissions are admissible in evidence under section 21 of the indian evidence act. section 17 defines an admission to be a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, ..... [3] => ..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the ..... [4] => ..... the learned judge (venkatadri, j.), was perfectly justified in declining to issue a writ of certiorari quashing the order of the labour court, which itself embodies the decision of the labour court not to permit the management to dismiss the employee for alleged misconduct under section 33(2)(b), proviso, of the industrial disputes act, 1947. ..... picture owners, for supply of further pictures. had the management taken some action against the employee, short of an averment of misconduct, within the meaning of the act, and warned him or censured him, conceivably there would be no room for interference. but, where the management takes the responsibility to level a charge of ' ..... misconduct' which is the charge of some positive act, or of conduct which would be quite incompatible with the express and implied norms, of the relationship of the employee to the employer in such an organisation, ..... [5] => ..... of further pictures. had the management taken some action against the employee, short of an averment of misconduct, within the meaning of the act, and warned him or censured him, conceivably there would be no room for interference. but, where the management takes the responsibility to ..... level a charge of 'misconduct' which is the charge of some positive act, or of conduct which would be quite incompatible with the express and implied norms, of the relationship of the employee to the employer ..... not to permit the management to dismiss the employee for alleged misconduct under section 33 (2) (b) proviso of the industrial disputes act, 1947. at the outset a certain complication feature might be referred to. it appears that subsequent to the decision in this writ petition ..... m. anantanarayanan, c.j. 1. in our view, the learned judge (venkatadri, j.) was perfectly justified in declining to issue a writ of certiorari quashing the ..... [6] => ..... their statement on any point should not be accepted without great caution and sound judicial reasons for accepting as true anything they have said. the learned judge has also observed that some times this principle has been interpreted in particular cases to mean that sound judicial reasons are absent unless there is independent corroboration ..... on the records of the case under section 288, criminal procedure code can be made use of to corroborate a retracted confession. the principle that a retracted confession cannot be acted upon, in the absence of corroboration in material particulars, is referred to in that decision. the decision in queen empress v. bharmappa i.l.r. (1889) ..... is not adhered to by the witness in the sessions court, should not be lightly admitted by virtue of section 288, criminal procedure code and it can be acted upon as substantive evidence only if the court is completely satisfied that it is true. in the bench decision of the travancore-cochin high court in narayana ..... [7] => ..... -katasubba rao and madhavan nair, jj., observed--'although the appeal has taken the form of a civil miscellaneous appeal against an order of remand the subordinate judge is a final judge of fact and the only grounds available to the appellant to attack the judgment are those which would be available to him in second appeal.'though the ..... -holder is not decisive -- see state of madras v. sulaika beeviammal, : air1960mad81 . in dealing with pannai lands which became an estate by virtue of the 1936 amendment act, srinivasan, j., in ramachandra chet-tiar v. karuppiah, (1964) 77 mlw 32 , observed--'in so far as pannai lands are concerned, it is not necessary that the ..... s. amman kovil, : air1952mad323 (fb) and govindaswamy naidu v. tanjore palace devastanam : (1956)2mlj260 , even in the case of a whole mam village becoming an estate under act xviii of 1936 there can be private lands which are domain or home farm lands of the land-holder. the mere fact that the land-holder is an absolute land ..... [8] => ..... which the writ petition was dismissed, cannot be sustained by us. but before the labour court, there was another ground mooted though it was not dealt with by the learned judge. in referring to this ground, we might briefly cite the observations of their lordships of the supreme court in lord krishna textile mills v. its workman, : (1961) ..... employee (respondent) prior to the filing of the application, which was not accepted. in view of the vagueness, on this aspect, in the judgment of the learned judge, we think that it would be desirable to refer to the actual record. on 25-7-1961, the management filed the first application before the labour court under section ..... and there was no denial or counter-statement.8. under these circumstances, we are afraid that the learned judge, (veeraswami, j.,) was under a misapprehension when he thought that there was non-compliance with section 33(2)(b) of the act, on the part of the employer. as regards the offer of one month's wages to the employee, ..... [9] => ..... the writ petition was dismissed, cannot be sustained by us. but, before the labour court, there was another ground mooted though it was not dealt with by the learned judge. in referring to this ground, we might briefly cite the observations of their lordships of the supreme court in lord krishna textile mills v. its workmen : (1961)illj211sc ..... employee (respondent) prior to the filing of the application, which was not accepted. in view of the vagueness, on this aspect, in the judgment of the learned judge, we think that it would be desirable to refer to the actual record. on 25th july, 1961 the management filed its first application before the labour court under section ..... and there was no denial or counter statement.8. under these circumstances, we are afraid that the learned judge (veeraswami, j) was under a misapprehension when he thought that there was non-compliance with section 33 (2) (b) of the act, on the part of the employer. as regards the offer of one month's wages to the employee ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Sortby Old - Court Chennai - Year 1967 - Page 10 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: old Court: chennai Year: 1967 Page 10 of about 107 results (0.080 seconds)

Nov 04 1967 (HC)

Thailammal and ors. Vs. Angammal

Court : Chennai

Decided on : Nov-04-1967

Reported in : (1970)1MLJ420

..... relied on certainly include also the decision in narayanamurthy v. madhavayya : (1947)2mlj366 . if the division bench of this court had accepted the view of the subordinate judge in narayanamurthy v. madhavayya : (1947)2mlj366 , as contended for the appellants there could have been no affirmance of the decision of ramakrishnan, j.8. it will ..... full performance of the contract, and it is argued that in this case on the trial court passing a decree granting relief under section 15 of the act, the plaintiff without accepting it, giving up further prosecution and seeking further enforcement of the agreement, preferred an appeal claiming a decree for conveyance of the entire ..... the appellants rests the appeal on the contention that the courts below erred in law in granting the plaintiff relief under section 15 of the specific relief act. it is contended that under section 15 the plaintiff has to elect to accept conveyance of part of the property on payment of the consideration agreed for .....

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Nov 08 1967 (HC)

Raman Nair Vs. State by the Commissioner Karaikudi Municipality

Court : Chennai

Decided on : Nov-08-1967

Reported in : (1968)2MLJ217

..... to be struck down as violating the fundamental rights guaranteed by article 19 (g) of the constitution. but it is clear from the judgment that the learned judge found, that the licence was refused in that case on irrelevant grounds and the order of refusal was, therefore, liable to be quashed. this decision has been ..... , is void as the grounds mentioned therein do not relate to ' public health, safety and convenience '. under section 321 (4) of the madras district municipalities act-every order of a municipal authority refusing, suspending, canceling or modifying a licence or permission shall be in writing and shall state the grounds on which it proceeds ..... for the petitioner put forward two contentions before me. the first contention is that the provision contained in section 249 (3) of the madras district municipalities act that the executive authority may by an order and under such restrictions and regulations as he thinks fit grant or refuse to grant such licence infringes his fundamental .....

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Nov 15 1967 (HC)

In Re: Natesan

Court : Chennai

Decided on : Nov-15-1967

Reported in : 1969CriLJ83; (1968)1MLJ304

..... one year under the former section, by the sub-divisional magistrate of ulundurpet. no separate sentence was awarded under section 337, indian penal code.. on appeal the sessions judge, south arcot, confirmed the conviction and sentence.2. the prosecution case is briefly this : on the night of 17th september, 1965 at about 3 a.m., p ..... be inadmissible. if the first information does hot amount to a confession, any admission made therein can be proved against the maker under section 21 of the evidence act, the supreme court in faddi v. state of madhya pradesh : 1964crilj744 , in dealing with the admissibility of first information report given by an accused before a ..... police officer observed as follows:admissions are admissible in evidence under section 21 of the indian evidence act. section 17 defines an admission to be a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, .....

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Nov 23 1967 (HC)

A. Sanjeevi Naidu and ors. Vs. the Madras State Transport Undertaking ...

Court : Chennai

Decided on : Nov-23-1967

Reported in : (1970)1MLJ300

..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the .....

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Nov 28 1967 (HC)

Management of Presidency Talkies by Proprietor, Paragon Talkies Vs. N. ...

Court : Chennai

Decided on : Nov-28-1967

Reported in : AIR1969Mad121; [1968(17)FLR251]; (1968)IILLJ801Mad

..... the learned judge (venkatadri, j.), was perfectly justified in declining to issue a writ of certiorari quashing the order of the labour court, which itself embodies the decision of the labour court not to permit the management to dismiss the employee for alleged misconduct under section 33(2)(b), proviso, of the industrial disputes act, 1947. ..... picture owners, for supply of further pictures. had the management taken some action against the employee, short of an averment of misconduct, within the meaning of the act, and warned him or censured him, conceivably there would be no room for interference. but, where the management takes the responsibility to level a charge of ' ..... misconduct' which is the charge of some positive act, or of conduct which would be quite incompatible with the express and implied norms, of the relationship of the employee to the employer in such an organisation, .....

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Nov 28 1967 (HC)

The Management of Presidency Talkies by Proprietor, Paragon Talkies Vs ...

Court : Chennai

Decided on : Nov-28-1967

Reported in : (1968)2MLJ221

..... of further pictures. had the management taken some action against the employee, short of an averment of misconduct, within the meaning of the act, and warned him or censured him, conceivably there would be no room for interference. but, where the management takes the responsibility to ..... level a charge of 'misconduct' which is the charge of some positive act, or of conduct which would be quite incompatible with the express and implied norms, of the relationship of the employee to the employer ..... not to permit the management to dismiss the employee for alleged misconduct under section 33 (2) (b) proviso of the industrial disputes act, 1947. at the outset a certain complication feature might be referred to. it appears that subsequent to the decision in this writ petition ..... m. anantanarayanan, c.j. 1. in our view, the learned judge (venkatadri, j.) was perfectly justified in declining to issue a writ of certiorari quashing the .....

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Nov 28 1967 (HC)

In Re: Abdul Kader

Court : Chennai

Decided on : Nov-28-1967

Reported in : 1969CriLJ1082; (1968)2MLJ515

..... their statement on any point should not be accepted without great caution and sound judicial reasons for accepting as true anything they have said. the learned judge has also observed that some times this principle has been interpreted in particular cases to mean that sound judicial reasons are absent unless there is independent corroboration ..... on the records of the case under section 288, criminal procedure code can be made use of to corroborate a retracted confession. the principle that a retracted confession cannot be acted upon, in the absence of corroboration in material particulars, is referred to in that decision. the decision in queen empress v. bharmappa i.l.r. (1889) ..... is not adhered to by the witness in the sessions court, should not be lightly admitted by virtue of section 288, criminal procedure code and it can be acted upon as substantive evidence only if the court is completely satisfied that it is true. in the bench decision of the travancore-cochin high court in narayana .....

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Dec 01 1967 (HC)

Kaluvaroya Pillai and ors. Vs. Ganesa Pandithan and ors.

Court : Chennai

Decided on : Dec-01-1967

Reported in : AIR1969Mad248

..... -katasubba rao and madhavan nair, jj., observed--'although the appeal has taken the form of a civil miscellaneous appeal against an order of remand the subordinate judge is a final judge of fact and the only grounds available to the appellant to attack the judgment are those which would be available to him in second appeal.'though the ..... -holder is not decisive -- see state of madras v. sulaika beeviammal, : air1960mad81 . in dealing with pannai lands which became an estate by virtue of the 1936 amendment act, srinivasan, j., in ramachandra chet-tiar v. karuppiah, (1964) 77 mlw 32 , observed--'in so far as pannai lands are concerned, it is not necessary that the ..... s. amman kovil, : air1952mad323 (fb) and govindaswamy naidu v. tanjore palace devastanam : (1956)2mlj260 , even in the case of a whole mam village becoming an estate under act xviii of 1936 there can be private lands which are domain or home farm lands of the land-holder. the mere fact that the land-holder is an absolute land .....

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Dec 04 1967 (HC)

Presidency Talkies Pvt. Ltd. Vs. Presiding Officer, Labour Court, Madr ...

Court : Chennai

Decided on : Dec-04-1967

Reported in : AIR1969Mad87; [1968(17)FLR360]; (1969)ILLJ90Mad

..... which the writ petition was dismissed, cannot be sustained by us. but before the labour court, there was another ground mooted though it was not dealt with by the learned judge. in referring to this ground, we might briefly cite the observations of their lordships of the supreme court in lord krishna textile mills v. its workman, : (1961) ..... employee (respondent) prior to the filing of the application, which was not accepted. in view of the vagueness, on this aspect, in the judgment of the learned judge, we think that it would be desirable to refer to the actual record. on 25-7-1961, the management filed the first application before the labour court under section ..... and there was no denial or counter-statement.8. under these circumstances, we are afraid that the learned judge, (veeraswami, j.,) was under a misapprehension when he thought that there was non-compliance with section 33(2)(b) of the act, on the part of the employer. as regards the offer of one month's wages to the employee, .....

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Dec 04 1967 (HC)

Presidency Talkies Private Limited, Proprietor of Paragon Talkies Vs. ...

Court : Chennai

Decided on : Dec-04-1967

Reported in : (1968)2MLJ318

..... the writ petition was dismissed, cannot be sustained by us. but, before the labour court, there was another ground mooted though it was not dealt with by the learned judge. in referring to this ground, we might briefly cite the observations of their lordships of the supreme court in lord krishna textile mills v. its workmen : (1961)illj211sc ..... employee (respondent) prior to the filing of the application, which was not accepted. in view of the vagueness, on this aspect, in the judgment of the learned judge, we think that it would be desirable to refer to the actual record. on 25th july, 1961 the management filed its first application before the labour court under section ..... and there was no denial or counter statement.8. under these circumstances, we are afraid that the learned judge (veeraswami, j) was under a misapprehension when he thought that there was non-compliance with section 33 (2) (b) of the act, on the part of the employer. as regards the offer of one month's wages to the employee .....

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