Court : Supreme Court of India
Decided on : Feb-12-1960
Reported in : AIR1960SC706; 1960CriLJ1020; [1960]3SCR1
..... say that grievous hurt was only an aggravated form of hurt, and that the liability of the accused did not cease, if he committed an act which resulted in a simple hurt. indeed, the learned judge did not tell the jury that even if they held that the accused did not cause a grievous injury, it would be open to them ..... facts were compatible with his guilt. so far as this direction went, nothing can be said against it. the judge next proceeded to explain what was meant by the expression 'fact proved'. he paraphrased the definition of 'proved' from the evidence act. in dealing with this topic, he omitted to explain also the expressions 'disproved' and 'not proved'; but that ..... unjustified or that he wrongly influenced the jury against the witness. it must be stated here that the learned judge had cautioned the jury that they were not bound by his opinion on a question of fact and were free to act on their own opinion. 24. this brings us to the medical evidence. the two doctors of importance who .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-1960
Reported in : AIR1960SC919; [1960(1)FLR34]; (1960)IILLJ222SC; [1960]3SCR441
..... intervene and set aside such termination. further it held that where the termination of services is capricious, arbitrary or unnecessarily harsh on the part of the employer judged by normal standards of a reasonable man that may be cogent evidence of victimisation or unfair labour practice. we are of opinion that this correctly lays down the ..... service simpliciter took place. many standing orders have provisions similar to paragraph 522(1) of the bank award, and the scope of the power of the employer to act under such provisions has come up for consideration before labour tribunals many a time. in buckingham and carnatic company ltd., etc., v. workers of the company, etc. ..... respondent and as the chief cashier had withdrawn the guarantee of the respondent, the bank decided without apportioning any blame between the chief cashier and the respondent to act under paragraph 522(1) of the bank award. it is urged that paragraph 522(1) of the bank award is particularly meant to meet situations like .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-11-1960
Reported in : AIR1960SC1028; [1960(1)FLR112]; (1960)IILLJ251SC; [1960]3SCR508
das gupta, j.1. this appeal is against an order of the judge, labour court, delhi, in an application under s. 33c of the industrial disputes act by the respondent, k. c. sud, by which the court computed the amount due to the petitioner by way of gratuity under an award to be rs. 80.42 np ..... entitled to recover gratuity under this scheme in addition to the compensation, he had admittedly received already in accordance with the provisions of s. 25f of the industrial disputes act. in support of this contention it is urged that the gratuity which the respondent claims is in essence the same thing as compensation for his retrenchment and to allow him ..... compensation under s. 25f or not would depend on the construction of the material terms of the scheme considered in the light of the provisions of s. 25f of the act. 5. on the very day this pronouncement was made the court also delivered judgment in brahmachari research institute v. its workmen : (1959)iillj840sc in which the question as indicated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-29-1960
Reported in : AIR1960SC1272; [1960]3SCR789
..... pleadings several issues were framed. the suit was originally dismissed on a preliminary ground, namely, that the plaint did not disclose any cause of action. the learned civil judge apparently took the view that the properties in suit were subject to the saranjam rules and on examining those rules, he came to the conclusion that as the plaintiff ..... december 17, 1941, was not ultra vires, and that the suit itself was barred under s. 4 of the bombay revenue jurisdiction act, 1876. the high court reversed the decision of the learned civil judge on all the aforesaid issues, and held that as the properties in suit were given to the junior branch of babasaheb for its ..... the plaint ?issue no. 5 - is the suit barred under section 4 of the revenuejurisdiction act ?issue no. 7 - is the alleged custom set up in para. 6(b) of theplaint proved 11. on all these issues the learned civil judge found against the plaintiff-respondent, and held that the latter was not entitled to recover possession of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1960
Reported in : AIR1960SC971; [1960]3SCR857
..... therefore in order that s. 2d may be workable, all that is required under it is that the central government should be satisfied after such prima facie inquiry as it considers necessary that there are reasons to believe that the liabilities of the insurer who has closed his business remain unsatisfied or not otherwise provided for and ..... the writ petition. this was followed by an appeal by the company, which was dismissed. the division bench substantially agreed with the view taken by the learned single judge. thereupon the company applied for a certificate to enable it to appeal to this court and obtained it; and that is how the matter has come up before ..... begins with the words 'insurer means' and is therefore exhaustive. it may be accepted that generally the word 'insurer' has been defined for the purposes of the act to mean a person or body corporate, etc., which is actually carrying on the business of insurance, i.e., the business of effecting contracts of insurance of whatever .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-1960
Reported in : AIR1960SC1125; 1960CriLJ1504; [1961]1SCR14
..... of criminal procedure lays down that no statement made by any person to a police-officer in the course of an investigation shall be used for any purpose at any inquiry or trial in respect of any offence under investigation at the time when such statement was made. sub-s. (2) of s. 162 of the said code which ..... of the confession. this point, though it did not affect the prisoner at the bar, was stated to all the judges; and the line drawn was, that although confessions improperly obtained cannot be received in evidence, yet that the acts done afterwards may be given in evidence, though they were done in consequence of the confession.' 82. where, however, ..... indian evidence act. 33. a combined effect of the said provisions relevant to the present enquiry may be stated thus : (1) no confession made to a police-officer by an accused can be proved against him; (2) no statement made by any person to a police-officer during investigation can be used for any purpose at any inquiry or trial; .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-1960
Reported in : AIR1961SC29; (1961)63BOMLR251; [1960]30CompCas644(SC); [1961]1SCR417
..... s. a. venkataraman v. the union of india : 1954crilj993 in the case an enquiry had been made against the appellant venkataraman under the public servants (inquiries) act, 1850 (act xxxvii of 1850). on receiving the report of the enquiry commissioner opportunity was given to the appellant under art. 311(2) to show cause, and ultimately ..... , rejected on the ground that the proceedings taken against him before the commissioner under the inquiries act did not amount to a prosecution. the relevant provisions of the said act were examined, and it was held that in an inquiry under the said act there is neither any question of investigating an offence in the sense of an ..... . this can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed.' the learned judge has also added that any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1960
Reported in : AIR1961SC221; [1961]1SCR728
..... point remaining for consideration is as to whether the publication of the notification under s. 3(1) which was treated by the subordinate judge to be the disobedience, has been established to be 'the act' of the state. the entirety of the argument on this part of the case was rested on the terms of art. 154(1 ..... to within the prohibition. the same argument was addressed to the high court and was repelled by the learned judges and in our opinion correctly. in the first place, the only 'notification' contemplated by the provision of the act immediately relevant to the suit, was a notification under s. 3(1). such a notification has the statutory ..... ghatwali estate of handwa situated within the state, instituted against the state bihar, in the court of the subordinate judge, dumka, on the 20th november, 1950, title suit 40 of 1950 inter alia for a declaration that the act was ultra vires of the bihar legislature and was therefore 'illegal, void, unconstitutional and inoperative' and that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-22-1960
Reported in : AIR1961SC1135; [1961]41ITR135(SC); [1961]1SCR770
..... of the tribunal is final on a question of fact, an issue of law if the tribunal arrives at its decision by considering material which is irrelevant to the inquiry, or by considering material which is partly relevant and partly irrelevant, or bases its decision partly on conjectures, surmises and suspicions. it is contended that on the ..... appellant did with his share of the money and the tribunal rightly pointed out that the father took cover under 'mixing of investments.' these were relevant considerations for judging the probability of the story. the tribunal also rightly pointed out that the fact that bai aloo was not assessed did not make the story any more probable. ..... dated october 7, 1955, and by its order dated march 8, 1956, dismissed the application of the appellant for a reference under section 66 of the income-tax act, 1922. 9. the appellant unsuccessfully moved the bombay high court by means of a petition under section 66(2). this petition was summarily dismissed by the high court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-1960
Reported in : AIR1961SC304; 1961CriLJ447; [1961(2)FLR321]; (1961)ILLJ334SC; [1961]2SCR1
..... 'a conciliation officer or a member of a board or court or the presiding officer of a labour court, tribunal or national tribunal may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates'. 10. section 11 only ..... agreement'. 3. on january 12, 1954, an application was made for the registration of the union of the workmen of the distillery under the indian trade unions act, and the same was registered on march 23, 1954, under the name and of mankatha distillery mazdoor panchayat. the distillery was closed and the workmen were discharged, ..... the settlement. against this order, an appeal was taken to the sessions court and the third addl. sessions judge dismissed the appeal. he confirmed the findings of the learned magistrate. 7. against this order of the sessions judge, an appeal was taken to the high court by the respondent only, and the high court set aside .....
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