Court : Andhra Pradesh
Decided on : Dec-19-1960
Reported in : AIR1965AP361
..... that these blows with spears mentioned by him are inconsistent with the medical evidence that he and the 2nd deceased had only stick injuries. but as observed by the trial judge, they are only inaccuracies natural to an indiscriminate attack by four assailants. another criticism is that some of the particulars in p. w. 1's evidence are inconsistent ..... of the common intention of the accused . there can be no doubt that if an individual accused had committed all the injuries sustained by either of the deceased, the act amounted to murder as defined in s 300 indian penal code both the deceased died as a direct result of the injuries, the 1st deceased within about an hour ..... injury that is sufficient to cause death in the ordinary course of nature then the intention is to kill and in the event the "thirdly" would be unnecessary because the act would fail under the first part of the section'. "to put it shortly, the prosecution must prove, the following facts before it can bring a case under s. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-1960
Reported in : (1961)ILLJ569AP
..... the law mentioned in the corresponding entry in col. (1) of the said schedule: schedulefunctions authority(1) (2)hyderabad public servants tribunal for(tribunal of inquiry) act, disciplinaryxxii of 1950. proceeding's10. it is immediately plain from this notification that the tribunal for disciplinary proceedings constituted by the government was competent to perform ..... service.' teat is extraneous to the conditions of service of the officer. farther, we are not satisfied that the inquiry by the particular officer who was in the grade of a district judge and who has had varied experience, was in any way disadvantageous to him. in this view of the matter, ..... the qualification of the officer holding the post of the tribunal for disciplinary proceedings was raised in that case. the only point which the learned judge considered was whether the government had jurisdiction to refer the matter to the disciplinary tribunal. the question whether particular officer had the requisite qualification to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-1960
Reported in : (1961)IILLJ260AP
..... some of the courts to frame some test which must be satisfied in order to bring an accident within the course of a workman's employment, leaving the county court judge in each case to decide whether the evidence establishes that the test is satisfied. i myself have been rash enough to suggest a test, namely, that a workman is ..... every fortnight and he was a regular and continuous worker and not a casual labourer. it was therein held that the deceased was a workman within the meaning of the act, in that case, the workmen had to reach the workspot, which was about seven miles away from their village, in a lorry provided by the employer at a nominal ..... employed otherwise than for the purpose of the employer's trade or business and that therefore the deceased was a 'workman' within the meaning of section 2(n) of the act and a was liable under section 12 thereof to pay compensation. dealing with the contention that the deceased was not a workman, it was therein observed that the definition of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-29-1960
Reported in : AIR1962AP29
..... there was no evidence let in on behalf of the appellants to show that the girl when making the adoption was not qualified to do the act.the learned judges held that having regard to the circumstance that the adoption came to be questioned after so many years it was impossible to expect anything more than ..... and their lordships, after referring to a variety of considerations, -- the transfer of the adopted son from his natural home to his adopted home; his recognition after inquiry, by the legal authorities; proceedings in which the plaintiff himself had acknowledged the adopted boy's right; the dilatoriness of the plaintiff in preferring his claim-- expressed of ..... date of the will and he played a prominent part in the registration of the document. d. ws. 2nd 3 gave straightforward evidence and the learned trial judge has no hesitation in accepting their testimony.(16) learned counsel for the plaintiff relied upon the non-production of the will as a strong suspicious circumstance against its .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-1960
Reported in : AIR1962AP187
..... of natural is that of harman, j. (as he then was) in byrne v. kinematograph renters society ltd., (1958) 1 wlr 762 (784). the learned judge said this:'what then are the requirements of natural justice in a case of this kind first i think that the person accused should know the nature of the accusation ..... then and there. the situation at this centre during the conduct of the examination became uncontrollable, because the majority of the candidates resorted to malpractices and indulged in acts of rowdyism. they attempted to assault one of the assistant superintendents and caused damage to the school building and furniture which was estimated at rs. 500/-. consequently, ..... 179, was approved. the case raised the issue whether respondent had a fair hearing. in the public inquiry which had been held in accordance with the statute, he and his witnesses had been heard orally but after the inquiry the board's inspector submitted his report to the board who decided the matter after considering the facts .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-19-1960
Reported in : AIR1961AP355; [1962]45ITR118(AP)
..... does not present much difficulty. that the expression 'individuals' cannot merely mean individual human beings but is wide enough to comprehend indivi-duals forming a unit, is evident from the judg-ment of their lordships of the supreme court in commr. of income-tax, m. p. v. sodra dcvi, (s) : [1957]32itr615(sc) . bhagwati j., ..... index to the interpretation of item 86 in list i of the seventh schedule.22. for these reasons, we uphold the validity of section 3 of the act in its relation to hindu undivided families and the wealth tax officers are authorised to initiate proceedings in assessing the capital assets of hindu undivided families. no ..... thereupon, the assessee moved this court to remove those orders on certiorari.3. the principal contention urged on behalf of the petitioner is that section 3 of the act, which enables the revenue to tax a hindu undivided family, is beyond the legislative competence of the union parliament and, consequently, the proceedings started by the proper .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-1960
Reported in : AIR1961AP324
..... before our learned brother, seshachalapati j., that the assistant collector had no jurisdiction to proceed with a fresh inquiry, having regard to section 35 of the central excise act. this contention did not find favour with the learned judge with the result that the petition was dismissed with costs. it is this order that is how under appeal ..... this view was expressed by satyanarayana raju j. in narasimharaju v. state transport authority, (1958 andh lt' 627). there, the learned judge was dealing with section 64-a of the motor vehicles act. all the same, we feel that that decision has analogy here because the provisions of that enactment are similar to those of the statute ..... the appellant, is that under section 35 of the central excise act. the only power that is vested in the appellate authority is to confirm, alter or annul the decision or order appealed against and it is not competent for him to direct a fresh inquiry. as the controversy centres round the interpretation of section 35, it .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-22-1960
Reported in : AIR1961AP282
..... or may commonly be treated as, transferableare not negotiable instruments, unless there be atrade usage to that effect.'therefore i am not sure if the observations of the learned judge in alliance assurance company v. union of india -- : air1959cal563 -- to say that the principle relating to the endorsement cf a negotiable instrument as furnishing a cause ..... one railway and the damage occurs within the jurisdiction of another railway. this is covered by section 80 of the railways act. it says:'notwithstanding anything in any agreement purporting to limit the liability of the railway administration with respect to traffic while on the railway of another administration, ..... the railway for damages in a breach of contract, a cause of action to claim the damages. it may also be stated that the indian railways act while dealing with the liability of the railways as carriers speaks of the liability of the different railways where the goods are booked at the place of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-14-1960
Reported in : AIR1961AP266; 1961CriLJ804
..... embezzlement was completed only when the prisoner wrote the letter and when it was received in middlesex. the 5th judge, huddleston, b. wrote a dissenting minority judgment. 19. the judges, who gave the majority judgment acted on the basis that the offence was completed when the prisoner by letter made the false statement to his employers ..... the money in question. those letters were duly received by the employers in middlesex. the accused was charged with embezzlement of the amount concerned. the majority of four judges consisting of kelly, c, b., field, j., lindley, j. and manisty, j. held that the accused could be tried at middlesex, on the ground that ..... accused at that stage. the accused filed criminal r. p. no. 53 of 1960 against that order in the court of the chief city magistrate-additional sessions judge, hyderabad. the latter dismissed the revision petition, observing as follows: 'it is only the high court that can interfere with the orders passed regarding jurisdiction of thecourt .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-02-1960
Reported in : AIR1961AP378
..... tribunal deciding the matter. it was also remarked that this question could not be determined with reference to preconceived notions or a priori considerations and that it should be judged in the light of the relevant rules.33. this doctrine has been re-affirmed in the subsequent cases of the supreme court and it is not necessary to refer ..... but before we do that, it has got to be observed that the question whether rules of natural justice have been observed in a particular case must itself be judged in the light of the constitution of the statutory body which has to function in accordance with the rules laid down by the legislature and in that sense the ..... every kind of domestic tribunal. the requirements of natural justice must depend on the circum-stances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth'. in the earlier case of general medical council v. spademan, 1943 ac 627 at p. 638, lord .....
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