Array ( [0] => ..... 1956. as the tea company failed to make payment of the money due to the bank, the latter filed suit no. 21 of 1957, in the court of the subordinate judge, upper assam, district jorhat, for enforcing its right, under the equitable mortgage. a preliminary decree was passed, on february 21, 1958; this was followed, by a final ..... rights of the workmen would have to be worked out, as against the receiver, or the official liquidator, under s. 25ff, of the industrial disputes act, 1947 (act xiv of 1947) (hereinafter called the act), inasmuch as there was nothing to show that the transfer, in this case, came within the proviso to that section. 18. we were in agreement ..... was entitled to, and proceeded to consider, as to whether any reliefs could be granted to the appellants. in this connection, counsel pointed out that s. 18 of the act clearly visualizes parties being summoned, to appear, by the labour court, in proceedings, as parties to the disputes, in which case, the award made, will be binding ..... [1] => ..... of such trust.' sub-section 2 of section 88b provides that 'for the purpose of this section, a certificate granted by the collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.' 4. thus for eligibility ..... specified therein. under section 19, the deputy or the assistant charity commissioner appointed under the act has to make an inquiry in the prescribed manner for ascertaining the various matters set out therein. on completion of such inquiry and on its findings being recorded the deputy or the assistant charity commissioner has under section ..... 21 to make entries in the register kept under section 17 in accordance with the findings recorded by him under section 20 or if appeals are preferred in accordance with the final decision of the competent authority provided by the act ..... [2] => ..... commissioner may, at any time within three calendar years from the expiry of such period, after giving the dealer a reasonable opportunity of being heard and after making such inquiry as he considers necessary, proceed in such manner as may be prescribed to re-assess or. assess, as the case may be, the tax payable on any such ..... distinction bearing a just and reasonable relation to the object sought to be attained and cannot be made arbitrarily and without any substantial basis. judged from the object sought to be achieved by the act, we are of the opinion that the classification made between the registered and unregistered dealers is not a reasonable classification. from this conclusion ..... cases where due to any reason no notice was issued to the assessee and there was no assessment of his income. kapur, j. speaking for the majority of judges in that case, observed (at p. 993 of the report) that it is well-settled that an income escapes assessment when the process of assessment has not been ..... [3] => ..... under sub-section (2), them notwithstanding any thing contained in sub-section (2a), a magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952'. 11. pausing here it may be mentioned that s. 7(1) and (3) of the criminal law amendment ..... sections 6(1) and 7(1) and (3) of the criminal law amendment act are concerned. before the case reaches the special judge the provisions of s. 337(1) of the code of criminal procedure apply at the stage of investigation or inquiry. if any magistrate therein mentioned tenders pardon and the person who is tendered pardon is ..... chapter of the code as part of the general provisions as to inquiries and trials. sections 337 to 339 and 339a contain all the provisions which refer to courts of criminal jurisdiction established under the code. the special judge created under the criminal law amendment act, 1952 (act 46 of 1952) is not one of them. for the cases ..... [4] => ..... 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 ..... [5] => ..... of the authority but the remedy which section 57(1) gives to the citizen as also the obligation of the authority to state the case. the difficulty which the learned judges felt in i.l.r. 25 mad. 752 and repeated in subsequent decisions is not, in our view, a real one because as soon as a reference is made ..... application. the mills applied to the high court against the authority for a direction that he should be asked to state the case. the trial judge granted relief under s. 45 of the specific relief act calling upon the authority to state the case on the ground that a substantial question of law as to the effect of rectification had arisen. in ..... high court and on the high court pronouncing its judgment can be disposed of in conformity with such judgment. a similar question once again arose, in the reference under stamp act, section 57(1) reported in the same volume at page 752. in this case the sub-registrar impounded the documents under section 33 and forwarded them to the collector for ..... [6] => ..... into contracts of purchase of cane offered by the canegrowers on prescribed terms and conditions. 11. in the indian steel & wire products ltd. v. state if madras : [1968]1scr479 , the court held that sales of steel products authorised by the controller under cls. 4 and 5 of the iron and steel (control of production and distribution) order, ..... cane required for use, consumption or sale in a khandsari unit.' 3. also the following sub-sections (kk) and (kkk) were inserted in s. 2 of the principal act : '(kk) 'khandasari sugar' means sugar produced by open-pan process in a khandasari unit from sugarcane juice, or from rab or gur or both, containing more than ..... under art. 32 of the constitution, the petitioners ask for an order declaring that s. 21 of the andhra pradesh sugarcane (regulation of supply and purchase) act, 1961 (andhra pradesh act no. 45 of 1961) is unconstitutional and ultra vires and a direction prohibiting the respondents from levying tax under s. 21 and to refund the tax already ..... [7] => ..... was not unduly high. (ii) where promotions were made on the basis of seniority subject to fitness, cases of persons belonging to scheduled castes and scheduled tribes were to be judged in a sympathetic manner without applying too rigid a standard and cases of supersession of scheduled castes and scheduled tribes employees reviewed at a high level viz., if a scheduled ..... general manager, southern railway v. rangachari : (1970)iillj289sc as follows : 'it would be clear that matters relating to employment cannot be confined only to the initial matters prior to the act of employment. the narrow construction would confine the application of art. 16(1) to the initial employment and nothing else; but that clearly is only one of the matters relating ..... [8] => ..... to the bengal club ltd. : (1957)illj505cal and royal calcutta golf club a.i.r. cal. 550. both decisions are by a learned single judge. they were cases of incorporated companies running clubs for profit and as business. there are, however, observations which are clearly obiter, that even a non-proprietary ..... arose directly. the question then was whether and to what extent the corporation of nagpur was an industry under the c.p. & berar industrial disputes settlement act, 1974 that act, included a definition of industry which was different. it included '(a) any business, trade manufacturing or mining undertaking or calling of employers (b) any ..... relationship of employers and workmen and the terms of employers and conditions of labour are contemplated. as such dispute may arise between different parties, the act equally contemplates disputes between employers and employers or between employers and workmen or between workmen and workmen. the definition of the expression 'industrial dispute' ..... [9] => ..... think there is some force in this argument which requires consideration. neither the revenue authorities nor the high court approached the question from this point of view and no inquiry at any stage seems to have been made whether there are at any place or places such group or groups of trees to constitute a grove or groves. all ..... their full size, the entire plot would retain the character of grove but no otherwise. it is true that when the learned judge made this observation he had in mind the definition of grove in s. 3 of that act but he also observed that that was the sense in which a 'grove' and 'grove land' were ordinarily understood and ..... thereof with the areas appurtenant thereto shall be settled on him by the government according to the provisions of the madhya bharat revenue administration and ryotwari land revenue and tenancy act, samvat 2007'. 4. under clause (c) also the jagirdar is allowed to continue to remain in possession of all tanks, trees, wells and building in or on ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Sortby Old - Court Supreme Court of India - 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: supreme court of india Year: 1967 Page 10 of about 141 results (0.652 seconds)

Sep 25 1967 (SC)

Workmen of Brahmputra Tea Estate, Represented by Assam Chah Karamchari ...

Court : Supreme Court of India

Decided on : Sep-25-1967

Reported in : AIR1968SC514; [1967(15)FLR390]; (1969)IILLJ685SC; [1968]1SCR626

..... 1956. as the tea company failed to make payment of the money due to the bank, the latter filed suit no. 21 of 1957, in the court of the subordinate judge, upper assam, district jorhat, for enforcing its right, under the equitable mortgage. a preliminary decree was passed, on february 21, 1958; this was followed, by a final ..... rights of the workmen would have to be worked out, as against the receiver, or the official liquidator, under s. 25ff, of the industrial disputes act, 1947 (act xiv of 1947) (hereinafter called the act), inasmuch as there was nothing to show that the transfer, in this case, came within the proviso to that section. 18. we were in agreement ..... was entitled to, and proceeded to consider, as to whether any reliefs could be granted to the appellants. in this connection, counsel pointed out that s. 18 of the act clearly visualizes parties being summoned, to appear, by the labour court, in proceedings, as parties to the disputes, in which case, the award made, will be binding .....

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Sep 26 1967 (SC)

Mahant Ramswarup Guru Chhote Balakdas Vs. Motiram Khandu Patil and ors ...

Court : Supreme Court of India

Decided on : Sep-26-1967

Reported in : AIR1968SC422; (1968)70BOMLR324; 1968MhLJ363(SC); [1968]1SCR641

..... of such trust.' sub-section 2 of section 88b provides that 'for the purpose of this section, a certificate granted by the collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.' 4. thus for eligibility ..... specified therein. under section 19, the deputy or the assistant charity commissioner appointed under the act has to make an inquiry in the prescribed manner for ascertaining the various matters set out therein. on completion of such inquiry and on its findings being recorded the deputy or the assistant charity commissioner has under section ..... 21 to make entries in the register kept under section 17 in accordance with the findings recorded by him under section 20 or if appeals are preferred in accordance with the final decision of the competent authority provided by the act .....

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Sep 28 1967 (SC)

Anandji Haridas and Co. (P.) Ltd. Vs. S.P. Kushare, S.T.O. Nagpur and ...

Court : Supreme Court of India

Decided on : Sep-28-1967

Reported in : AIR1968SC565; [1968]1SCR661; [1968]21STC326(SC)

..... commissioner may, at any time within three calendar years from the expiry of such period, after giving the dealer a reasonable opportunity of being heard and after making such inquiry as he considers necessary, proceed in such manner as may be prescribed to re-assess or. assess, as the case may be, the tax payable on any such ..... distinction bearing a just and reasonable relation to the object sought to be attained and cannot be made arbitrarily and without any substantial basis. judged from the object sought to be achieved by the act, we are of the opinion that the classification made between the registered and unregistered dealers is not a reasonable classification. from this conclusion ..... cases where due to any reason no notice was issued to the assessee and there was no assessment of his income. kapur, j. speaking for the majority of judges in that case, observed (at p. 993 of the report) that it is well-settled that an income escapes assessment when the process of assessment has not been .....

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Sep 28 1967 (SC)

Lt. Commander Pascal Fernandes Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Sep-28-1967

Reported in : AIR1968SC594; 1968CriLJ550; [1968]1SCR695

..... under sub-section (2), them notwithstanding any thing contained in sub-section (2a), a magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952'. 11. pausing here it may be mentioned that s. 7(1) and (3) of the criminal law amendment ..... sections 6(1) and 7(1) and (3) of the criminal law amendment act are concerned. before the case reaches the special judge the provisions of s. 337(1) of the code of criminal procedure apply at the stage of investigation or inquiry. if any magistrate therein mentioned tenders pardon and the person who is tendered pardon is ..... chapter of the code as part of the general provisions as to inquiries and trials. sections 337 to 339 and 339a contain all the provisions which refer to courts of criminal jurisdiction established under the code. the special judge created under the criminal law amendment act, 1952 (act 46 of 1952) is not one of them. for the cases .....

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Sep 28 1967 (SC)

Municipality of Taloda Vs. the Charity Commissioner and ors.

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 .....

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Sep 28 1967 (SC)

Banarsi Das Ahluwalia Vs. the Chief Controlling Revenue Authority, Del ...

Court : Supreme Court of India

Decided on : Sep-28-1967

Reported in : AIR1968SC497; [1968]1SCR685

..... of the authority but the remedy which section 57(1) gives to the citizen as also the obligation of the authority to state the case. the difficulty which the learned judges felt in i.l.r. 25 mad. 752 and repeated in subsequent decisions is not, in our view, a real one because as soon as a reference is made ..... application. the mills applied to the high court against the authority for a direction that he should be asked to state the case. the trial judge granted relief under s. 45 of the specific relief act calling upon the authority to state the case on the ground that a substantial question of law as to the effect of rectification had arisen. in ..... high court and on the high court pronouncing its judgment can be disposed of in conformity with such judgment. a similar question once again arose, in the reference under stamp act, section 57(1) reported in the same volume at page 752. in this case the sub-registrar impounded the documents under section 33 and forwarded them to the collector for .....

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Sep 29 1967 (SC)

Andhra Sugars Ltd. and anr. Etc. Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Decided on : Sep-29-1967

Reported in : AIR1968SC599; [1968]1SCR705; [1968]21STC212(SC)

..... into contracts of purchase of cane offered by the canegrowers on prescribed terms and conditions. 11. in the indian steel & wire products ltd. v. state if madras : [1968]1scr479 , the court held that sales of steel products authorised by the controller under cls. 4 and 5 of the iron and steel (control of production and distribution) order, ..... cane required for use, consumption or sale in a khandsari unit.' 3. also the following sub-sections (kk) and (kkk) were inserted in s. 2 of the principal act : '(kk) 'khandasari sugar' means sugar produced by open-pan process in a khandasari unit from sugarcane juice, or from rab or gur or both, containing more than ..... under art. 32 of the constitution, the petitioners ask for an order declaring that s. 21 of the andhra pradesh sugarcane (regulation of supply and purchase) act, 1961 (andhra pradesh act no. 45 of 1961) is unconstitutional and ultra vires and a direction prohibiting the respondents from levying tax under s. 21 and to refund the tax already .....

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Sep 29 1967 (SC)

C.A. Rajendran Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-29-1967

Reported in : AIR1968SC507; [1968(17)FLR350]; (1968)IILLJ407SC; [1968]1SCR721

..... was not unduly high. (ii) where promotions were made on the basis of seniority subject to fitness, cases of persons belonging to scheduled castes and scheduled tribes were to be judged in a sympathetic manner without applying too rigid a standard and cases of supersession of scheduled castes and scheduled tribes employees reviewed at a high level viz., if a scheduled ..... general manager, southern railway v. rangachari : (1970)iillj289sc as follows : 'it would be clear that matters relating to employment cannot be confined only to the initial matters prior to the act of employment. the narrow construction would confine the application of art. 16(1) to the initial employment and nothing else; but that clearly is only one of the matters relating .....

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Oct 03 1967 (SC)

Secretary, Madras Gymkhana Club Employees

Court : Supreme Court of India

Decided on : Oct-03-1967

Reported in : AIR1968SC554; [1967(15)FLR411]; (1967)IILLJ720SC; [1968]1SCR742

..... to the bengal club ltd. : (1957)illj505cal and royal calcutta golf club a.i.r. cal. 550. both decisions are by a learned single judge. they were cases of incorporated companies running clubs for profit and as business. there are, however, observations which are clearly obiter, that even a non-proprietary ..... arose directly. the question then was whether and to what extent the corporation of nagpur was an industry under the c.p. & berar industrial disputes settlement act, 1974 that act, included a definition of industry which was different. it included '(a) any business, trade manufacturing or mining undertaking or calling of employers (b) any ..... relationship of employers and workmen and the terms of employers and conditions of labour are contemplated. as such dispute may arise between different parties, the act equally contemplates disputes between employers and employers or between employers and workmen or between workmen and workmen. the definition of the expression 'industrial dispute' .....

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Oct 04 1967 (SC)

Shrimant Sardar Chandrojirao Angre Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Oct-04-1967

Reported in : 1968MPLJ279(SC); [1968]1SCR761

..... think there is some force in this argument which requires consideration. neither the revenue authorities nor the high court approached the question from this point of view and no inquiry at any stage seems to have been made whether there are at any place or places such group or groups of trees to constitute a grove or groves. all ..... their full size, the entire plot would retain the character of grove but no otherwise. it is true that when the learned judge made this observation he had in mind the definition of grove in s. 3 of that act but he also observed that that was the sense in which a 'grove' and 'grove land' were ordinarily understood and ..... thereof with the areas appurtenant thereto shall be settled on him by the government according to the provisions of the madhya bharat revenue administration and ryotwari land revenue and tenancy act, samvat 2007'. 4. under clause (c) also the jagirdar is allowed to continue to remain in possession of all tanks, trees, wells and building in or on .....

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