Court : Supreme Court of India
Decided on : Dec-12-1967
Reported in : AIR1968SC800; (1968)70BOMLR726; [1968(17)FLR445]; 1968LabIC984; (1968)IILLJ700SC; 1968MhLJ523(SC); [1968]2SCR577
..... appellate bench also held that the suit was barred under article 14 of the schedule to the indian limitation act. for these reasons the appellate bench allowed the appeal, set aside the decree passed by the trial judge and dismissed the suit and ordered the appellant to pay four-fifths of the costs of the respondent throughout. ..... language of rules 153 and 156 suggests that the suspension contemplated by these rules includes not only suspension by way of penalty but also interim suspension pending a departmental inquiry or a criminal proceeding. rules 153 and 156 state as follows : '153. leave may not be granted to a government servant under suspension.' '156. a ..... that the government servant's liability arose from circumstances beyond his control.' 8. if the word 'suspension' in rules 153 and 156 contemplates suspension pending an inquiry we see no reason why it should be given a different interpretation in rules 151 and 152. we are accordingly of the opinion that rule 151 empowers the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1967
Reported in : AIR1968SC883; [1968]38CompCas348(SC); [1968]68ITR630(SC); [1968]2SCR539
..... . on a similar line of reasoning the consideration of losses in the earlier years should be made in the setting and context of the inquiry whether the company could be regarded as acting reasonably in declaring a smaller dividend. it is true that as a result of the losses having been adjusted against the paid-up capital they ..... adjusts losses against the paid-up capital and reconstructs its capital, the financial position of the company and its dividend distributing capacity in subsequent years have to be judged only by the result of its trading after reconstruction and not with reference to earlier losses which have disappeared by adjustment. in our opinion, there is no ..... was only rs. 24,750/-. the income-tax officer with the previous approval of the inspecting assistant commissioner, therefore, applied the provisions of s. 23a of the act to the respondent-company and held that the company should be deemed to have declared a dividend of rs. 3,95,798/-. the respondent-company appealed to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1967
Reported in : AIR1968SC881; 1968(16)BLJR606; 1968CriLJ1025; [1968]2SCR522
..... through s. 326, namely, causing grievous injury by burning to the two major offences, namely, culpable homicide not amounting to murder and even murder itself. the sessions judge chose the lowest end of the spectrum which is surprising enough, because the burns were so extensive that they were certainly grievous by all account. the high court placed ..... ram prasad falls within culpable homicide not amounting to murder or the higher offence of murder itself. here we see that death has actually been caused by the criminal act; in other words, there has been homicide and since it is not accidental or suicidal death, responsibility for the homicide, in the absence of any exceptions or ..... code. in other words, his offence was culpable homicide amounting to murder even if he did not intend causing the death of mst. rajji. he committed an act so imminently dangerous that it was in all probability likely to cause death or to result in an injury that was likely to cause death. we are accordingly of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1967
Reported in : AIR1968SC707; 1968(16)BLJR734; 1968CriLJ665; 1968MhLJ520(SC); [1968]2SCR287
..... proper appraisal of the evidence which he found to be unsatisfactory. looking to all the circumstances that have been brought to our notice, we are satisfied that the sessions judge acted within his rights in deciding the case which to us appears also to be somewhat doubtful in many respects and the high court was therefore in error in taking upon ..... admitted before us that all the cases had in fact ended in favour of the appellant's sister. 4. the occurrence is stated to have taken place when an inquiry into a case under s. 107 of the code of criminal procedure was taking place. a notice had been issued to kuldip singh's party to show cause why ..... appellant as the assailant, describing the weapon of attack as a revolver. kuldip died and the case was started against the appellant as stated already. 6. the learned sessions judge on an appraisal of the evidence found it unsatisfactory. he began by stating that the medical evidence as also the evidence of the ballistic expert (p.w. 17) clearly .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-14-1967
Reported in : AIR1968SC867; 1968CriLJ1023; [1968]2SCR246
..... in the ordinary course of nature. this part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender.' 12. the learned judge further explained the third ingredient at p. 1503 in the following words : 'the question is not whether the prisoner intended to inflict a seriou sinjury or a trivial one but ..... was limited to the question whether the case comes under s. 302 of the indian penal code. the case of the prosecution which has been accepted by the learned sessions judge and the high court was, in brief, as follows : on january 31, 1962, at about 2.30 p.m., a fight took place between dalip kumar, p.w. 12, ..... it was the intention of the appellant to inflict this particular injury on this particular place. it is, therefore, not possible to apply clause 3 of s. 300 to the act of the accused. 15. nevertheless, the deceased was in a crouching position when the appellant struck him with the knife. though the knife was 5' to 6' in length including .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1967
Reported in : AIR1968SC615; [1968]2SCR117
..... which requires the acquiring company to enter into an agreement with the government also required satisfaction of the government after considering the report on the inquiry held under section 40. the amendment act 38 of 1923 now added in s. 41 the report of the collector under s. 5a, if any. these amendments show that even ..... acquisition proceedings taken thereafter were bad in law. it appears that though the amendment was disallowed, the said contention was allowed to be urged, for, the district judge has answered it in the following terms :- 'whatever language may be used in the declaration under section 6 the point that requires for consideration is whether the ..... was made to raise the contention at the time of the hearing of the appeal that the declaration under section 6 did not prove such satisfaction. the district judge, however, dismissed the application for amendment of the plaint by the 1st respondent society. the contention was sought to be raised because the notification used the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-29-1967
Reported in : AIR1968SC599; [1968]1SCR705; [1968]21STC212(SC)
..... into contracts of purchase of cane offered by the canegrowers on prescribed terms and conditions. 11. in the indian steel & wire products ltd. v. state if madras : [1968]1scr479 , the court held that sales of steel products authorised by the controller under cls. 4 and 5 of the iron and steel (control of production and distribution) order, ..... cane required for use, consumption or sale in a khandsari unit.' 3. also the following sub-sections (kk) and (kkk) were inserted in s. 2 of the principal act : '(kk) 'khandasari sugar' means sugar produced by open-pan process in a khandasari unit from sugarcane juice, or from rab or gur or both, containing more than ..... under art. 32 of the constitution, the petitioners ask for an order declaring that s. 21 of the andhra pradesh sugarcane (regulation of supply and purchase) act, 1961 (andhra pradesh act no. 45 of 1961) is unconstitutional and ultra vires and a direction prohibiting the respondents from levying tax under s. 21 and to refund the tax already .....
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 : 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 : Supreme Court of India
Decided on : Aug-30-1967
Reported in : AIR1968SC244; (1968)70BOMLR128; 1968MhLJ358(SC); [1968]1SCR401
..... to be used. it may be used for a temporary purpose or for a purpose which is not temporary in nature. it is for the requisitioning authority to judge and not for a court of law to decide how best the land is to be used. if the requisitioning authority uses the land for a purpose which is ..... for such purpose as it shall think fit, not exceeding three years from the commencement of such occupation. apart from these provisions in the land acquisition act there are several state acts which empower the appropriate governments to acquire property which is subject to requisitioning orders. if there is an emergency to meet which the power to requisition is ..... needed for settling a new gaothan where the victims of the flood could be resettled. at a later stage the state government also initiated proceedings under the land acquisition act, 1894 in respect of those very lands and issued a notification under section 4 thereof. on december 14, 1961 the respondent filed a special civil application in the .....
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