Court : Mumbai
Decided on : Jan-14-1960
Reported in : AIR1961Bom1; (1960)62BOMLR594
..... be better to consider those decisions which have found favour with the court below. 4. in : air1938cal745 , bharat abhyudoy cotton mills ltd. v. karneshwar singh, the learned judges observed that : 'in order to decide whether in a particular instance the word 'person' includes an artificial person or a corporation or a company, regard must be had ..... at all a strong one.' the view of lord blackburn found favour with the learned judges of the calcutta high court. the learned judges, however, pointed out that the definition of 'person' contained in clause (39) of section 3 of the general clauses act, 1897, is much wider than that of the same word contained in section 2, ..... sub-section (1) of the interpretation act, 1889, which is the english law on the subject. .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-1960
Reported in : (1960)62BOMLR465
..... set out in sections 8b to 8d. of course, where the plaint itself discloses an objective standard, it may not be necessary for him to make such an inquiry but where, as here, the judge has not regarded the plaint as furnishing an objective standard, he cannot base his conclusion upon any material other than that placed on record in an ..... conclusion as to the value of the suit for the purpose of court fees and jurisdiction. it is abundantly clear that the learned judge purported to exercise the power given by section 8a of the court-fees act to consider whether the suit was properly valued for the purpose of court-fees. now, this section, while it empowers the court ..... inquiry made by him under the provisions of sections 8b to 8d of the act.5. i may point out that in kashinath v. tukaram a.i.r.[1956] nag. 195, .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1960
Reported in : 1960CriLJ1575
..... , therefore, incapable of understanding the nature and substance of the proceedings against him. in view of this finding, it passed an order on 17 3 1959 that the inquiry 3hould proceed against the accused under section 207a read with section 341 of the cr, p. g. thereafter, the prosecution led the necessary evidence against the accused and ..... the accused was deaf, and the high court held that ths9 conviction for murder was justified and that it was not vitiated by the fact that the sessions judge felt himself unable to question the accused with regard to the evidence appearing against her, inasmuch as there had been no miscarriage of justice,4. our attention was ..... of the proceedings against him would not exempt him from punishment if it be shown and found that he had sufficient intelligence to understand the criminal character of his act.6. in our judgment; therefore, as the learned magistrate has found that the accused is deaf and dumb and unable to follow the proceedings against him and .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-1960
Reported in : (1960)62BOMLR845
..... sub-section (2) states that an inquiry shall be held by a judge not below the grade of an assistantjudge. in spite of the fact that sub-section (1) stated in express terms that the application was to be made ..... the expression has been construed to refer to persona designata. i need refer only to one decision on the subject which was under section 15 of the bombay city municipalities act. sub-section (1) of this section expressly states that an election petition may be made to the district court within which the election was held. after so stating, ..... decision which was given by the taxing officer on september 24, 1959, was a decision which was given by him under sub-section (2) of section 5 of the new act, and, as such, that decision was revisable under the latter provision. therefore, in my judgment, the present revision application does lie under the latter provision.5. the next .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-12-1960
Reported in : (1960)62BOMLR749
..... mean as is contended by mr. sukthankar that the civil procedure code applies to the inquiry before the judge' under section 22 only to the extent as specified in section 22(2). in our view the inquiry contemplated under section 22 of the district municipal act is a judicial inquiry, the authority holding that inquiry is a judicial authority and the procedure prescribed by the civil procedure code in so ..... that the procedure prescribed by the civil procedure code is applicable to the inquiry before the district judge or the assistant judge, who is holding an inquiry on an election petition under section 22 of the district municipal act it does not follow, therefrom, that a party to the inquiry has a right to apply to the judge for a review of the decision given by him in an .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-26-1960
Reported in : (1960)62BOMLR613; 1960CriLJ1426
..... see : air1958all364 ; air 1959 mys 117 and : air1959mp264 .(3) but, with great respect, the effect of ss. 476 to 479a is different. section 476 provides for an inquiry on an application made to a civil, revenue, or criminal court or otherwise in respect of an offence referred to in s. 195(1), clause (b) or clause (c). section ..... .(2) these sections are in chapter xxxv of the code which refers to proceedings in cases of certain offences affecting administration of justice. section 476 provides the procedure of inquiry and complaint by any civil, revenue or criminal court on an application made to it or otherwise in regard to offences referred to in s. 195(1), clause ( ..... the code applies only to certain cases of false evidence, namely serious, flagrant and patent cases of perjury where the judge acts under s. 479a(1), and that s. 476 applies to all other cases of false evidence where the judge has not recorded a fining under s. 479a (1).(8) for another reason also the view taken by the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1960
Reported in : (1960)62BOMLR785
..... the end of september 1958 and passed a decree in favour of the plaintiff for rs. 150 on account of arrears of rent and permitted increases and directed an inquiry into future mesne profits under order xx, rule 12(1)(c), of the civil procedure code. it is against this decree that the present revision application has been filed.5 ..... . mr. kotwal, learned advocate appearing on behalf of the petitioner, has contended that the learned appellate judge has approached the question of the bona fide requirement of the plaintiff from a wrong point of view. it has to be mentioned that in the trial court evidence ..... was placed on the statute-book. on the strength of this rent act, the tenant applied for suspension of the decree and he secured the suspension for a period of ten months. when that period expired, the landlord applied to execute the decree, but the trial judge ordered the execution of the decree to be stayed sine, die, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-1960
Reported in : AIR1961Bom59; 1961BomCR(Cri)59; (1960)62BOMLR807; ILR1960Bom816; (1960)IILLJ491Bom
..... employer before us, laid particular stress on a certain passage occurring in the judgment of bose, j. after referring to the definition of 'wages', the learned judge observed:-'now the question is whether the kind of bonus contemplated by this definition must be a bonus that is payable as a clause of the contract of ..... wages earned by the employee which remained unpaid during his life time. if we were to agree with mr. pliadke that the authority under the minimum wages act has exclusive jurisdiction to entertain claims for the recovery of minimum wages, the heirs of a deceased employee would be left without any remedy whatsoever; they ..... one of which was refected and the other accepted by the learned authority. the learned authority rejected the employers' contention that the authority under the minimum wages act has exclusive jurisdiction to issue directions to an employer for the payment of the difference between minimum wages and the amounts actually paid. the learned authority held that .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-1960
Reported in : AIR1961Bom142
..... the code of civil procedure had not been held by the trial court and that therefore it was necessary to remand the case to the trial court for holding such inquiry before deciding whether the judgment-debtor should be committed to civil prison or not. therefore, the position as it appears to us is that today we are asked ..... debtor. whether the charged property must be proceeded with primarily or not, the fact remains that until the property charged as also the salary tan be taken into account in judging his means although the remedy of the decree-holder may primarily be against the charged property. mr. padhye relied i upon the decision in fatehchand v. indian cotton co ..... a similar objection was raised that an amount of pension received by a pensioner was not liable to attachment by virtue of the provisions of section 11 of the pensions act. the provisions for purposes of the case before us were similar to those contained in clause (i) of the proviso to section 60(1). somayya, j. held that .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-22-1960
Reported in : (1960)IILLJ491Bom; (1960)IILLJ491Bom
..... of the employer before us, laid particular stress on a certain passage occurring in the judgment of bose, j. after referring to the definition of 'wages,' the learned judge observed (p. 776) : '. . . now the question is whether the kind of bonus contemplated by this definition must be a bonus that is payable as a ..... minimum wages earned by the employee which remained unpaid during his lifetime. if we were to agree with mr. phadke that the authority under the minimum wages act has exclusive jurisdiction to entertain claims for the recovery of minimum wages, the heirs of a deceased employee would be left without any remedy whatsoever; they ..... one of which was rejected and the other accepted by the learned authority. the learned authority rejected the employers' contention that the authority under the minimum wages act has exclusive jurisdiction to issue directions to an employer for the payment of the difference between minimum wages and the amounts actually paid. the learned authority held .....
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