Court : Gujarat
Decided on : Jul-21-1967
Reported in : AIR1968Guj218; 1968CriLJ1173; (1968)GLR886
..... my attention to the case of apabhai hemabhai v. state of gujarat : air1962guj218 . a division bench of this high court has observed therein as under:--'in an inquiry or proceeding under chapter xviii of the code of criminal procedure, the magistrate without recording reasons, simply declined to commit the accused to the court of session under ..... triable by the court of session. nevertheless, 'discharge' as contemplated in section 437 is from the 'case' or 'matter' in respect of which the sessions judge directs the magistrate to commit an accused person to the court of session. though it is reasonable to presume that the same meaning is implied by the use of ..... it could be said reasonably that he had an intention to cause grievous hurt or at any rate he could be reasonably attributed with the knowledge that his act was likely to cause grievous hurt. the learned magistrate was, therefore, fully justified on convicting the appellant of the offence punishable under section 325 of the indian .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-25-1967
Reported in : (1968)9GLR1018
..... lays down how proceedings shall be commenced before the mamlatdar or the tribunal and it is provided that save as expressly provided by or under this act, all inquiries and other proceedings before the mamlatdar or tribunal shall be commenced by an application which shall contain the prescribed particulars. we need not enter into the ..... there was total want of jurisdiction in the mamlatdar. this basis, with respect i have to hold, is erroneous. the conclusion based, therefore, by the learned judge on this basis that the decision arrived at by the mamlatdar binds the parties on the principle of res judicata cannot stand and becomes unsustainable. in this view that ..... municipal corporation, is res judicata and binding on the parties to the litigation, is erroneous. this decision of the civil court creates an anomaly as the learned judge of the city civil court has observed that in his judgment, the decision of the mamlatdar was wrong and the mamlatdar had jurisdiction to try the issue referred .....
Tag this Judgment!Court : Chennai
Decided on : Jul-27-1967
Reported in : (1968)2MLJ463
..... issue was framed reading as under:whether this court has no jurisdiction and the suit is not maintainable as per the provisions of madras act xxvi of 1963.2. the learned subordinate judge held that the court had jurisdiction. sri r. kesava ayyangar appearing for the petitioners states that the order is wrong and that the ..... a patta it would take effect from the date of the notification. as pointed out by veeraswami and krishnaswami reddy, jj., in mustafa v. udayanchiammal : (1968)2mlj58 .. the issue of patta is in recognition of the title that inhered before the notified date and continued to inhere in the landholder thereafter to the private ..... statutory tribunals. rajamannar, c.j., and ganapatia pillai, j., in adakalathmmal v. chlnnayan panipundar : air1959mad447 , while considering section 56 (1), a similar provision in conversion into ryotwari act (xxvi of 1948), held, approving the ratio in soosai udayar v. andiyappan (1959) 1 m.l.j. 195 : , agreed that (at page 317):if the relief .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-02-1967
Reported in : AIR1969Guj28
..... dismissal that the present letters patent appeal has been preferred by the appellant.2. as regards the question of ownership of the two rickshaws, the finding of the learned judge of the city civil court that the two rickshaws belonged to the appellant has not been seriously challenged by mr. s. n. shelat appearing on behalf of the ..... threatens, or intends, to remove or dispose of his property with a view to defraud his creditors, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the court thinks fit, ..... the intention of the legislature has to be gathered from what has been enacted by it. it is also true that the cardinal rule of construction of the acts of legislature is that they should be construed according to how the legislature itself has expressed and when the language and the structure of a provision is clear, .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-1967
Reported in : AIR1969All342
..... of 1954, seem to proceed upon a distinction between rectification of errors under sections 8 and 9 of the act and the more elaborate proceedings under section 12 of the act, which may even raise questions of title referable, through a civil judge, to the arbitrator, but there the similarity ends. it may be mentioned here, in passing, that this scheme was ..... which has been made by sub-section (2) of section 23 is in regard to the reference made to the civil judge and which had not been disposed of till then. it will be seen that section 21 of the act envisages proceedings up to the stage of an appeal and does not cover revisions filed under section 48 of the ..... case of sheoraj singh, that case is 1967 r. d. 51. in banshidhar's case the learned judge expressed the opinion that there being no provision in the act that orders passed in objection under section 9 of the act (equivalent to section 12 of the old act), if the objections are decided after the stage of objections under section 20 of the .....
Tag this Judgment!Court : Orissa
Decided on : Aug-07-1967
Reported in : AIR1968Ori67; 33(1967)CLT936; 1968CriLJ528
..... the state. on appeal, the conviction of the petitioner, who was one of the accused persons in that case, was set aside by the sessions judge on the ground that there was no reliable evidence to show that the tapioca belonged to the petitioner. he, however, maintained the order of confiscation. thereafter the petitioner ..... of kerala is similar to the present one. there the petitioner along with several others was tried for offences under the provisions of the essential supplies (temporary powers) act, 1946, as the accused persons were found transporting without permit about 150 bags of dried tapioca chips. the magistrate convicted the accused persons and confiscated the goods to ..... act to deal with situations like the present one where the accused does not claim the property, nor any other person claims it to be his. in such a case, resort has to be made to the provisions contained in the cr. procedure code. sub-section (1) of section 517, cr. p.c. lays down that:'when in inquiry .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1967
Reported in : 1969CriLJ557; (1969)GLR537; (1968)IILLJ55Guj
..... [a.i.r. 1958 all. 429], a division bench of the allahabad high court has observed as under : 'the criminal law amendment act (1952) has created special judges who differ from the sessions judges only in this respect that they follow a different mode of trial, but all the other provisions of the criminal procedure code apply to both alike. ..... the provisions of sub-secs. (1) and (2) the other provisions of the code of criminal procedure which are not inconsistent with this act will apply to the proceedings before the special judge and his court shall be deemed to be a court of session. in other words, excepting the mode of trial prescribed in sub-section ( ..... act of a police constable in driving rashly and negligently when driving a police jeep which was carrying a sub-inspector of police, who was proceeding for an inquiry, was held not to be done 'under colour or in excess of the duty imposed upon him as a constable-driver'.' 73. after referring to the observations made by the learned judge .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1967
Reported in : (1969)10GLR537
..... state a.l.r. 1958, allahabad 429, a division bench of the allahabad high court has observed as under:the criminal law amendment act (1952) has created special judges who differ from the sessions judges only in this respect that they follow a different mode of trial, but all the other provisions of the criminal procedure code apply to both alike ..... deals with constitution of court of sessions for every sessions division. section 17 of the code deals with a topic regarding subordination of judicial magistrates and benches to sessions judge.section 17(b) of the code, which is very material for our purposes, runs as under:courts of sessions and courts of magistrates (including courts of presidency ..... 435 of the code.it should be made clear that by the special jurisdiction we mean special jurisdiction to hold an inquiry or to pass an order; as regards the trials for offences created by acts other than the indian penal code, the code bad made a provision (we have referred to section 5(2). once .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-11-1967
Reported in : [1968]1SCR170
..... ground that he had sold his interest by a registered sale deed dated april 12, 1949 to one subasini. on a consideration of the provisions of the act and the ordinance, the subordinate judge held that the appellant, gaffur, was not liable to ejectment in the absence of any grounds therefore in the notice to quit in accordance with s. ..... thika tenant a notice to show cause within thirty days from the date of service of the notice why the application shall not be allowed and after making an inquiry in the prescribed manner either allow the application or reject it after recording the reasons for making such order......'7. the section further provided that no order allowing an ..... the suit was heard. the ground need not be specified in the plaint, but nevertheless it had to be established in the suit. in this case, the learned subordinate judge, seventh court, alipore who was directed by the remand order of the calcutta high court to take fresh evidence, if necessary, was not called upon by any of .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-14-1967
Reported in : [1968]69ITR812(Cal)
..... but from that of a businessman. the yardstick is that of a prudent businessman. the reasonableness or the unreasonableness of the amount distributed as dividends is judged by business considerations, such as the previous losses, the present profits, the availability of surplus money and the reasonable requirements of the future and similar others ..... this section was introduced to prevent exploitation of juristic personality of a private company by the members thereof for the purpose of evading higher taxation. to act under this section the income-tax officer has to be satisfied that the dividends distributed by the company during the prescribed period are less than the statutory ..... the assessment year 1955-56 and 1956-57 were small within the meaning of the expression smallness of profits in section 23a of the indian income-tax act, 1922, and that any further declaration of dividend than that declared by the assessee would be unreasonable ?'since the decision of the tribunal, the supreme .....
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