Court : Mumbai
Decided on : Dec-13-1967
Reported in : [1968(17)FLR206]; (1969)ILLJ21Bom; 1968MhLJ476
..... also categorically averred that he had no business of bidi-making and is not an employer within the definition of the minimum wages act. the presiding officer and the authority, which is civil judge (junior division), treated the question of jurisdiction of the authority as a preliminary issue. it is unfortunate that the issues were not ..... in para. 16 only to adjudication of complicated questions of facts and law. but during the arguments, in disposing of the preliminary issue, the learned judge considered that objection to jurisdiction was in the matter of adjudication in the nature of relationship between the claimants and the persons who were alleged to be ..... or relationship claimed has been brought about through the agency of some other person, or in the circumstances alleged. such as inquiry when necessary will be included as a part of the inquiry into ancillary matter required to be decided to determine. that basic question of relationship between the claimant and the person from whom .....
Tag this Judgment!Court : Delhi
Decided on : Dec-13-1967
Reported in : 4(1968)DLT61
..... and also to some payment of a substantial amount in lieu of which the plto in question was releaaed in favor of the lessees. the finding of the learned district judge may hereby reproduced in his own words :- 'asi have stated above, the vorious factors mentioned clea.rly show that the respondent who kept quiet over the continuous possession of ..... where it did, or there has been material irregularity or illegality' in the exercise of that jurisdiction. the right there is confined to jurisdiction and jurisdiction alone. in toher acts, th? power is nto so limited, and the high court is enabled to call for the record of a case to satisfy itself that the decision therein is according to ..... of first instance. on receipt of the report this revision would be set down for hearing. (10) parties are directed to appear in the trinl court on 8th january, 1968 when antoher short date would be given for production of evidence. the report should be submitted to this court by the middle of february .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-1967
Reported in : AIR1968SC1032; [1968]2SCR600
..... one and that the predecessors of the defendant, mayanand giri like himself had two kinds of properties, namely, math property and personal property. according to the subordinate judge the nucleus from which the math in suit originated was the personal property of prem gir. on the evidence he held 12 items of property mentioned in the ..... to be dead at the time of its institution or because they were not properly brought on the record in place of the original defendants. 3. the subordinate judge after a protracted hearing came to the conclusion that the ancient documents on the record, coupled with the other evidence, established the existence of an ancient math, ..... paying scant regard to the cause of the brotherhood or the pursuit of any charitable purposes. one mayanand giri became the mahant in 1904 and it is his acts and conduct which sparked off this litigation nearly forty years ago. the immediate cause of the legal proceedings was his marriage which led the plaintiff, purushottanand giri, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1967
Reported in : AIR1968SC938; 1968CriLJ1124; [1968]2SCR624
..... receive a similar meaning. we have already shown that the exclusionary clause in s. 5 is to be interpreted as a whole and 'criminal proceedings' means a criminal inquiry or a trial before a court and the 'accused' means a person actually arraigned, that is, put on a trial. in fact this meaning finds support even from ..... the original was lost but a photographic copy of the latter was available, and the envelope had been preserved. the photograph was seen by the jury but the judge rules that the photograph was evidence of the contents of the letter but not of the handwriting and could not be compared with order admitted writings. the jury gave ..... . in phipson (10th edn.) paragraphs 316/317 the rules as to identification of handwriting is stated from the criminal procedures act, 1865 as follows :- 'comparison of a disputed writing with any writing proved to be satisfaction of the judges to be genuine shall be permitted to be made by witnesses etc. ......' (para 316) 21. in dealing with the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-1967
Reported in : AIR1968Kant305; AIR1968Mys305; (1968)1MysLJ146
..... from the appointed day, respondents-tenants who did not pay occupancy in the lands in their possession, that the petitioners-jagirdars got such occupancy rights and the amendment act, 1963, conferring occupancy rights on respondents-tenants, has the effect of divesting the property of petitioners-jagirdars mr. krishna murthy did not contend, and we think rightly ..... one of the provisions of the old act. there could be no amendment of an enactment ..... , introduced by bihar act v of 1949, rejecting that contention, b. k. mukherjee, j. (as he then was), who was one of the four judges speaking for the majority view, said:'the legislature proceeds, on the footing that the old act was alive at the date when the new act was passed, and the new act merely purports to amend .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1967
Reported in : AIR1968SC832; [1968]2SCR641
..... advance accomplice evidence any further. we are only looking into the previous statement to see if it discloses any variation which would put us on further inquiry. the real check comes when one compares these two statements with that made by bengali. a remarkable degree of agreement is found there also. in ..... accused. the judicial committee acquitting the accused observed : '...... their lordships whilst not doubting that such a conviction is justified in law under s. 133, evidence act, and whilst appreciating that the coincidence of a number of confessions of co-accused all implicating the particular accused given independently, and without an opportunity of previous ..... generally and in particular on the following grounds : it is submitted firstly that these statements are not confessions proper to which s. 30 of the evidence act can be made applicable; secondly, that as bengali died and noor mohammad absconded before the trial was finally concluded against them, their statements are not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1967
Reported in : AIR1968SC898; [1968]2SCR661
..... is referred to in sub-sections (2) and (3) arises in the course of a proceeding under this act, the jagir commissioner shall refer it for inquiry and decision of the court competent to do so and shall be bound by, and act according to such decision.' 5. section 46 provides : 'bar of jurisdiction. - (1) save as otherwise ..... a question referred to in section 3 of the rajasthan jagir decisions and proceedings (validation) act, 1955, arises and the question so arising has not already been determined by a competent authority, the jagir commissioner shall proceed to make an inquiry into the merits of the question so arising and pass such orders thereon as he deems ..... fit. (2) every question referred to in section 3 of the rajasthan jagir decision and proceedings (validation) act, 1955 shall be inquired into and decided by a revenue .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1967
Reported in : (1977)2MLJ191
..... been shown to deprive an individual employee of his right to pursue the appeal which he had preferred long before the reference to the tribunal under the central act was made. the learned judge was of the view that it would perhaps be a different matter if the employee had taken his case before the tribunal to which an industrial dispute had ..... enacted. therefore, the object of the legislation is for investigation and settlement of industrial disputes. the act constituted under chapter ii the authorities under the act, namely, works committee, conciliation officers, boards of conciliation, courts of inquiry, labour courts, tribunals, national tribunals etc. chapter iii of the act provided for references of disputes by the government to boards, courts or tribunals. provision is also .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-1967
Reported in : AIR1969Kant252; AIR1969Mys252; (1968)1MysLJ221
order1. this is a tenant's petition under s. 26 of the hyderabad houses (rent, eviction and lease) control act, 1954. it is directed against an order in appeal made by the learned district judge raichur, in c m a no. 1/5 of 1965, on 30-10-1965. the said appeal had been preferred by the respondent-landlord ..... of the present petition.3. the controller dismissed the petition on the ground that tenancy alleged by the landlord had not been proved. in appeal, the learned district judge, raichur, came to the conclusion that the tenancy had been proved and consequently directed eviction by his order which is impugned herein. this finding of fact is not ..... relationship is validly terminated the landlord does not get the right to obtain possession of the premises by evicting the tenant. s. 106 of the transfer of property act does not provide for the satisfaction of any additional requirements....'11. in view of the above enunciation of the position by the supreme court on the question of requirement .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1967
Reported in : AIR1968SC806; [1968]2SCR651
..... well established, it is strange that they are unable to state a single instance in point on an occasion like the compilation of the riwaj-i-am, when detailed inquiries are being made and when the leading men are supposed to give their answers with deliberation and care.' 12. the principle was reiterated by this court in mahant salig ..... to the non-ancestral property under the custom of the district. accordingly the trial court dismissed the suit of the plaintiff. the decree was affirmed by the additional district judge, ferozepore in appeal. mst. nihal kaur preferred a second appeal to the punjab high court which was allowed and the suit of the plaintiff was decreed. the high ..... kaur is the daughter of dulla singh. on november 14, 1957 she instituted the suit which is the subject-matter of the present appeal in the court of subordinate judge, muktsar for a declaration that she was the legal heir of the land left by smt. indi and that she was entitled to inherit the estate to the exclusion .....
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