Court : Chennai
Decided on : Sep-20-1967
Reported in : (1968)2MLJ497
..... which has once begun to run will as a rule continue to do so. no subsequent disability or inability to sue stops these section 9 of the limitation act, 1908. the learned judge at the trial, when he observed that the subrogee is not affected by any rule of limitation which applies to the other person, overlooks the position of ..... of six months for action against any person for anything done or purported to have been done in pursuance of the act from the accrual of the cause of the suit.13. on the question of negligence, the learned judge, after a close analysis of the evidence and having regard to the law governing the matter, held that the board ..... applied and not the special period of limitation provided under section 110 of the act. the learned judge, on an examination of the relevant provisions of the act and the authorities placed before him, rejected the insurer's contention that section no of the act would not apply to the case. he held that the period of limitation provided in section .....
Tag this Judgment!Court : Chennai
Decided on : Sep-21-1967
Reported in : (1968)1MLJ289
..... in its own good time the question relating to the forum of trial as well as of appeal under the indian divorce act is an urgent matter. there is no need to waste the time of the judges of the high court over matters which relate to the christian community which are no more important than similar matters relating to ..... appeal in civil cases apply. it is unnecessary and wholly incongruous that the causes under the indian divorce act, should be heard by a high court judge, in the city and decrees passed by district judges should be confirmed by a bench of three judges of the high court. it is necessary and it would be advisable, to bring the provisions of ..... the indian divorce act, in regard to divorce and judicial separation, in line with the provisions of the other three acts already mentioned. while that is a .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-27-1967
Reported in : AIR1968Cal144
..... did not contest. the wife along with another woman deposed but they were not cross-examined. adultery and desertion were proved. the learned judge decreed the suit ex parte subject to confirmation by this court3. the only and all important question in this reference is, has the ..... prima facie unreasonable, and not meritorious. there is a considerable guidance from the english decisions on the matter and there are opinions of able judges in this country. see adelaide mande tobias v. william albert tobias, : air1968cal133 where longer periods of delay were condoned but my own ..... it is difficult to know of the tests of inward feelings of a wife but the outward signs of act or speech are important factors to consider. the court should have directed itself to enquire as to what did the wife do or ..... how did she act to abate the evil and what steps did she take to assert her rights? did the wife make an honest .....
Tag this Judgment!Court : Chennai
Decided on : Sep-27-1967
Reported in : (1969)2MLJ418
..... , the present civil revision petition is filed.2. sri r. rangachari for the petitioner contends that under the new act, a right of appeal is expressly provided to the co-operative tribunal, namely, the district judge, tiruchirappalli, in this case, against the award of the officer of the co-operative department and the award having ..... avail of the right of appeal, even though the original proceedings were initiated under the old act. according to him, section 121 (3) of the new act, is applicable and hence his appeal under section 96 of the new act to the district judge is competent. counsel for the respondent, however, stated that the appeal is incompetent as section ..... to have been provided for under section 51 (5) of the old act, but under the new act, co-operative tribunals are constituted by the government and the district judge of tiruchirappalli, in the instant case, is the co-operative tribunal under the act, to whom a right of appeal is expressly provided for against the orders .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-28-1967
Reported in : AIR1969Bom66; (1968)70BOMLR359; 1968MhLJ593
..... beyond the jurisdiction of the city civil court was, therefore, incompetent to entertain the suit. that case fell to be decided under the provisions of the court -fees act, 1870. the trial judge upheld the contention of the defendants and ordered that the plaint be returned for presentation to the proper court . on appeal, bavdekar, j. held that the city ..... question as to whether the valuation put by the plaintiffs should be accepted, or an inquiry ordered under the provisions of section 8a, observed that though the right of the plaintiffs under s. 7(iv)(c) to put his own valuation was indisputably subject to ..... that if the court was of opinion that the subject-matter of a suit had been wrongly valued, it could revise the valuation by holding the necessary inquiry for that purpose. the plaintiffs put their own valuation on the said suit under the provisions of s. 7(iv)(c), and the division bench, in considering the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-29-1967
Reported in : AIR1968P& H40
..... if any question arises whether a sum is payable to the government or to the custodian within the meaning of sub-section (1), the custodian shall, after making such inquiry as he may deem fit, and giving to the person by whom the sum is alleged to be payable an opportunity of being heard decide the question; and the decision ..... managing officer, defendant no. 3, resisted the plaintiff's claim amongst others also on the ground that the suit was not cognizable by a civil court. the trial judge framed necessary issues including the one, whether the civil court had no jurisdiction to hear the suit which was treated as preliminary and decided against the defendants.the revision ..... finally approved by the supreme court in abdul karim haji tayab v. deputy custodian-general, air 1964 sc 1256 which laid down-'the amended section 48 came into the act by act no. 91 of 1956 from october 22. 1956. sub-sections (1) and (2) are clearly procedural and would apply to all cases which have to be investigated .....
Tag this Judgment!Court : Chennai
Decided on : Sep-29-1967
Reported in : [1968]69ITR342(Mad)
..... of law. the test also may break, for what is complex to one judicial mind may be clear and obvious to another; it depends upon the equipment of a particular judge. in the ultimate analysis the said concept is comprised of many imponderables : it is not capable of precise definition, as no objective criterion can be laid down, the ..... of the supreme court brings home the well-laid formula for deduction of mistakes and for rectification of the same; namely, it depends upon the equipment of a particular judge to discover whether on a fair probe into the record, such a mistake does appear and if such mistake is so apparent in the record, it has to be ..... officer, alwaye v. asok textiles ltd. the following observation at page 735 makes the position clear :'the learned judges of the high court seem to have fallen into an error in equating the language and scope of section 35 of the act with that of order xlvii, rule i, civil procedure code. the language of the two is different because according to .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-29-1967
Reported in : (1971)12GLR850
..... was that in order to be appealable under clause 15, a judgment must be a judgment pursuant to section 108 of the government of india act, 1915, but a judgment given by a single judge of the high court hearing an election petition under section 80a sub-section (2) is not a judgment pursuant to section 108 but is a ..... as in the present case, where jurisdiction to try an election petition is conferred for the first time by the representation of the people (amendment) act, 1966, an order made by a single judge in the exercise of such new jurisdiction would not be subject to the appellate jurisdiction possessed by this high court under clause 15 read with section ..... to first examine the correctness of these grounds.12. re: ground (i): the question which arises for consideration under this ground is whether the judge of the high court trying an election petition is acting as a court or as a special tribunal as distinguished from a court. to our mind the language of the various sections in part vi .....
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