Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: old Year: 1967 Page 10 of about 665 results (0.496 seconds)

Prima Paint Corp. Vs. Flood and ConklIn Mfg. Co.

Court : US Supreme Court

..... agreement were enforceable in federal court but not in the state court, id. at 350 u. s. 204 , posed a choice of two alternatives for judge medina. if he held that the arbitration act rested solely on congress' power, widely recognized in 1925 but negated in erie, to prescribe general federal law applicable in diversity cases, he would be compelled ..... not encroach upon the province of the individual states." cohen & dayton, the new federal arbitration law, 12 va.l.rev. 265, 276-277. all this indicates that the 4 inquiry of whether the making of the arbitration agreement is in issue is to be determined by reference to state law, not federal law formulated by ..... u.s.c. 152(7). in other instances, congress has chosen more restrictive language. fair labor standards act of 1938, 52 stat. 1062, 6, as amended, 29 u.s.c. 206. prior to this case, this court has always made careful inquiry to assure itself that it is applying a statute with the coverage that congress intended, so that the meaning .....

Curtis Pub. Co. Vs. Butts

Court : US Supreme Court

..... true are detailed at length in the opinion of mr. justice harlan. suffice it to say that little investigative effort was expended initially, and no additional inquiries were made even after the editors were notified by respondent and his daughter that the account page 388 u. s. 170 to be published was absolutely ..... the punitive damage award, the majority upheld it as stemming from the "enlightened conscience" of the jury as adjusted by the lawful action of the trial judge. it was in "complete accord" with the trial court's determination that the evidence justified the finding "that what the post did was done with reckless ..... justice fortas). [ footnote 2/4 ] ga.code ann. 105-709(6) provides: "privileged communications. -- the following are deemed privileged communications: " " * * * *" "6. comments upon the acts of public men in their public capacity and with reference thereto." this privilege is qualified by ga.code ann. 105-710, which provides: "malicious use of privilege. -- in every case .....

Ajitrai Shivprasad Mehta Vs. Bai Vasumati

Court : Gujarat

Reported in : AIR1969Guj48; (1969)GLR253

..... the medical opinion that a person was an idiot because by the mere deficiency in reasoning power he was unable to manage his affairs was useless in the inquiry as to whether the person was an idiot in the eye of law. the testwhich was applied by the division bench was that a person who was capable ..... lunacy'. mr. vakil in this connection vehemently relied upon the decision of phillimore j. in whysall v. whysall, 1959 (3) all er 389, where the learned judge had interpreted the expression 'incurably of unsound mind' in a similar matrimonial legislation in england. on parity of reasoning mr. vakil argued that we should include even feeble-minded ..... , therefore, consider the import of these three relevant expressions, 'idiot', 'lunatic' and a person oil 'incurably unsound mind' in the context of the aforesaid scheme of the act.6. in titli v. alfred robert jones : air1934all273 , the division bench consisting of sir sulaiman c. j. and mukherjea j. had to consider the difference between medical and .....

Bhamar Singh Vs. the State

Court : Kolkata

Reported in : AIR1968Cal327

..... taken in the appeal is that the appellant having been found not guilty, in the previous trial, of the charge under section 25(1)(a) of the arms act, 1956 the learned judge should have told the jury that the prosecution story of the murder being committed with a gun should not be accepted.13. in support of this contention mr. bejoy ..... fail.20. the position, therefore, is that all evidence adduced by the prosecution at the second trial regarding use of the gun by the appellant was entirely inadmissible. the learned judge should have told the jury so. his omission to do so misled the jury into bringing in a verdict inconsistent with the verdict in the previous trial. in the eye ..... of section 304 of the indian penal code unanimously and not guilty under section 326 of the indian penal code by a majority of 7 to 1.9. the learned judge presiding over the trial acquitted the accused of the charges on which the jury returned a unanimous verdict of not guilty, that is to say, under sections 25(1)(a .....

Kacharji Hariji Vs. State of Gujarat

Court : Gujarat

Reported in : AIR1969Guj100; 1969CriLJ471

..... that the accused has hidden the property in question, one important step in resorting to the aid of illustration (a) to section 114 of the act is satisfied, viz., possession. the line of inquiry as to whether the accused person who pointed out the thing was the person who had hidden it is very clear.the difficulty with regard to the ..... expect any sense of moral obligation in one who has not moved the authorities in the matter till he was himself suspected and questioned'.'with great respect to the learned judge, i beg to defer from these latter observations made by him, which are underlined by me (here kept in single inverted commas), in my opinion, there is no ..... the principal offender if he was 'an accessory after the fact, he must be the principal offender himself, at least one of the principals'.with great respect to the learned judge, i am of opinion that the reasoning made in the observations underlined by me (here in inverted commas) does not appear to be very sound. no such duty is .....

Veeramalai Vanniar (Died) and ors. Vs. Thadikara Vanniar and ors.

Court : Chennai

Reported in : AIR1968Mad383; (1968)1MLJ437

..... a usufructuary mortgagee, there was nothing further that a prospective purchaser of the property need have enquired about. this argument was rejected in unambiguous terms. the learned judge has referred to all the leading decisions and in particular had extracted the following statement of the law in barnhart v. greenshields, (1853) 14 er 204 at ..... price, the defendants cannot resist the claim for specific performance. (vide observations at page 451 of the above decision). section 27(b) of the specific relief act is only the statutory provision of the principles enunciated in the decisions in england to which reference has been made in this bench decision of the bombay high ..... if he subsequently alienates the property he can alienate it only subject to the rights created under the prior agreement of sale. s. 27 of the specific relief act is in these terms:--"27. except as otherwise provided by this chapter, specific performance of a contract may be enforced against-(a) either party thereto: (b .....

P.M. Chinnayya Kurumba Goundar and ors. Vs. the State of Madras Repres ...

Court : Chennai

Reported in : (1968)2MLJ383

..... officials to ensure the bona fides of the receipts subsequently produced by the contractor engaged in transporting them. an assurance was given before the learned judge by the additional government pleader, that the department would take steps to issue permits without unnecessary dealy in future. learned counsel appearing for the petitioner ..... therefore they were heard together. the petitioners in these writ petitions seek for relief against the operation of the madras preservation of private forests act, 1949 (madras act (xxvii of 1949), which has been extended to certain well-known jagirs on the kalriyan hills, known as jadaya goundar jagir and kurumba goundar ..... prevention involves an interference with the customary rights of the petitioner as well as the inhabitants of the hills. the very purpose for which the act was passed, includes the preservation of customary and prescriptive rights in private forests, besides the prevention of indiscriminate destruction of private forests. it is .....

P.C. Bhandari and Co. (P.) Ltd. Vs. Commissioner of Sales Tax and ors.

Court : Allahabad

Reported in : [1969]23STC324(All)

..... rate of 18 per cent., cannot lead to the conclusion that the latter provision is discriminatory. the two statutes deal with two different things. while judging the validity of section 8 of the act, recourse cannot be had to the provisions of the code of civil procedure. the code of civil procedure deals with interest to be added to the ..... prescribed in that behalf or, if the return submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority shall, after making such inquiry as he considers necessary, determine the turnover of the dealer to the best of his judgment and assess the tax on the basis thereof:provided that before taking action ..... .c. 398 and bharat barrel and drum mfg. co. v. l.k. bose and ors. a.i.r. 1967 s.c. 361). in the last case the learned judges of the supreme court relied upon the following observations of lord parmoor in local government board v. arlidge [1915] a.c. 120:-where, however, the question of procedure is raised .....

Rangaswami and anr. Vs. T.R.C. Krishnan and ors.

Court : Chennai

Reported in : (1969)1MLJ173

..... properties as well as outstandings belonging to kannammal and that the defendants would be entitled to enjoy the properties without any objection whatsoever and with all rights. the learned judges held that the effect of the deed was to operate as a transfer of whatever rights the plaintiff had to the defendants. in t. mammo v. ramunni ..... 66 forbids only such a suit against a certified purchaser or those claiming under him. as a matter of fact, according to the finding of the learned subordinate judge, which is binding on me, ramasesha iyer's heirs acknowledged the fact that the purchase was benami on behalf of chengalvaraya iyer. there is nothing in section ..... a bar. the learned judges relied on the privy council decision in mst. buhuns kowar v. behoree lall (1870) 14 m.i.a. 496, and observed:it is obvious, therefore, that when after obtaining certificate of sale, the purchaser acknowledges that his purchase is benami and gives up possession, or does some act which unequivocally indicates an .....

Calcutta Electric Supply Corporation Ltd. Vs. Habul Chandra Das

Court : Kolkata

Reported in : AIR1968Cal278,[1969(18)FLR128],(1968)IILLJ769Cal

..... he found that everything was normal and there was no physical basis for the complaint made that there was stiffness in the joint. undoubtedly when doctors disagree, the judge has to exercise his own decision. in the present case, the commr. did not even look into the skiagram and in view of the comments made by ..... we assume that there was physical disability or 'permanent partial disablement' as the commissioner calls it, still we have repeatedly pointed out that the workmen's compensation act is not interested in mere physical disability. no compensation can be granted for any physical disability unless there was loss of earning capacity tt is only in the ..... a sum of rs. 784/- as compensation less rs 156/- already paid.'(2) the definition of 'partial disablement' appears in section 2(g) of the workmen's compensation act. 1923 it runs as follows' 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any .....