Array ( [0] => ..... because it is relevant to the valuation and ought therefore to be cast into the scales of the balance... the objective being the real value of the actual hereditament the inquiry is primarily economic and not legal; it is only legal in so far as logical relevance is the measure of legal admissibility.' (see also ryde on rating, 11th ..... rs. 1,500 per month. aggrieved by this order, the respondent corporation filed an appeal before the high court at bombay. the high court held that the chief judge was in error in holding that the municipal corporation was not entitled to take into account income earned by the owners under the said agreement, set the aside his order ..... . 125 per month. the question was whether the calcutta corporation was right in treating this income as rent within the meaning of s. 127(a) of the calcutta municipal act, 1923 and take it into account while determining the annual letting value of the building. section 127(a) is as follows : 'for the purpose of assessing land and ..... [1] => ..... of the full bench of the gujarat high court had 'no existence in law', for in the absence of a provision in the constitution and the charter act of 1861, a judge of a high court had no power to refer a case to a full bench for determination of a question of law arising before him, and a decision ..... intended thereby to confer upon the charity commissioner an overriding authority upon actions of the civil court in execution of decrees. 5. the learned judge also held that s. 56b of the bombay public trusts act which provides that 'in any suit or legal proceedings in which it appears to the court that any question affecting a public religious or ..... a precedent of a court of coordinate authority is binding reference to s. 165 of the evidence act is irrelevant. undoubtedly, every judgment must be based upon facts declared by the evidence act to be relevant and duly proved. but when a judge in deciding a case follows a precedent, he only regards himself bound by the principle underlying the ..... [2] => ..... specific charge was formulated against him but the watch committee in arriving at their decision, considered his own statements in evidence and the observations made by the judge who acquitted him, in support of the order of dismissal. the chief constable appealed to the home secretary who held that there was sufficient material on which ..... of the authorities to dismiss or remove members of the civil services, from employment. there is no warrant however for assuming for that in the general clauses act, 1898, the expression 'dismiss' which was generally used in connection with the termination of appointment was intended to be used only the sense of determination of ..... university, and also the ex-officio chairman of the executive council, the academic council, and the finance committee, and is invested with authority to see that the act, the statutes, the ordinances and the regulations are faithfully observed, and to take such action as he deems necessary in that behalf. the vice-chancellor is ..... [3] => ..... 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 ..... [4] => ..... varanasi at the time of his appointment, but in law it was not necessary that the person appointed should have been a district judge and much less the district judge of any particular district; therefore, shri malik acted as a designated person and not as a court; hence, the award given by him cannot be considered either as a judgment or ..... not receive any support from those decisions. nor do we find any sound basis for that conclusion. with respect to the learned judges who decided that case, we are unable to agree with that conclusion. in our judgment, while acting under s. 19(1)(f), the high court functions as a 'court' and not as a designated per. our conclusion ..... that is so. in the rangoon case a certain award had been made by the collector under the land acquisition act. this award was affirmed by the court, which under the act meant 'a principal civil court of original jurisdiction'. two judges sat as 'the court' and also as the high court to which the appeal is given from the award ..... [5] => ..... and skill which went to the making of the development plan preceded by the tentative plan. s. 13 prescribes that the local authority should make an inquiry before granting or refusing a commencement certificate. the authority must therefore look into all material available to it including the tentative plans and the final development plan ..... the spread of flames would be reasonable in the event of a fire, the reasonableness of the restrictions imposed by the impugned legislation has to be judged in the light of actual facts and not on a priori reasoning based on the dicta in decisions rendered in situations bearing not even the remotest resemblance ..... and in the official gazette. copies of the advertisements were also displayed at various prominent places. the advertisements published in pursuance of s. 9 of the act announced to the public the communications in writing containing suggestions relating to the plan would be welcome within a period of two months. many such suggestions were ..... [6] => ..... higher authority. in view of our findings as above, as also the fact that the authority in this case dis-regarded the provision as to hearing and inquiry contained in the act for all practical purposes, we hold that the civil court had jurisdiction to entertain the suits. 27. the question next arises as to whether the plaintiff's ..... the high court; and s. 12-d lays down that petitions, applications and appeals to high court should be heard by a bench of not less than two judges.... it could thus be seen that any dealer who is aggrieved by an order of assessment passed in respect of his transactions, can avail himself of the remedies ..... (sub-normal workers) were not entitled to full minimum wages without performing a normal day's task or without working the prescribed number of working hours. the subordinate judge framed a number of issues including one regarding the maintainability of the suits, heard evidence and came to the conclusion that the decisions or orders of the deputy commissioner ..... [7] => ..... with law as he has proceeded against them under s. 18 without first taking action under s. 3. for that reason we uphold the conclusions reached by the learned judges of the punjab high court but on grounds other than those relied on by them. but this conclusion of ours does not debar the learned magistrate from taking fresh proceedings ..... refusing to raise the attachment in respect of flat no. 54 of which siri chand the respondent in criminal appeal no. 82/65 claimed to be the tenant. the learned judges held that 'whenever action is taken under s. 18 independently of s. 7, it would offend art. 14 of the constitution and to that extend s. 18 would ..... be ultra vires of the constitution.' 4. in the course of their order dated 23rd july, 1963, the learned judges observe : 'the requirements for taking action under section 18 or under section 7 of the act are identical. the act leaves the choice of the action under one or the other provision to the executive in the case of persons similarly ..... [8] => ..... r. 30a. one of such reviews was made in february, 1967. at the time the scope of review was governed by judgment dated june 1, 1965 of shah j. (vacation judge) in sadhu singh v. delhi administration [1966] 1 s.c.r. 243. in that case it was held that r. 30a relating to review did not require a judicial ..... court ujagar singh v. the state of punjab : [1952]1scr756 and godavari shamrao parulekar v. state of maharashtra and others : 1964crilj222 . the first case was under the preventive detention act (iv of 1950). in that case it was held that 'if authority making an order is satisfied that the ground on which a detenu was detained on a former occasion ..... laid down in lakhanpal's case : [1967]3scr114 wants to circumvent that provision by passing fresh orders of detention on the same facts every six months, it will be acting mala fide and the court will have the power to strike down such mala fide exercise of power. but in cases, like the present, where the continuance became defective after ..... [9] => ..... 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 ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Sortby Recent - Court Us Supreme Court - Year 1967 - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: recent Court: us supreme court Year: 1967 Page 4 of about 89 results (4.129 seconds)

Sep 15 1967 (SC)

Motichand Hirachand and ors. Vs. Bombay Municipal Corporation

Court : Supreme Court of India

Decided on : Sep-15-1967

Reported in : AIR1968SC441; (1968)70BOMLR327; 1968MhLJ418(SC); [1968]1SCR546

..... because it is relevant to the valuation and ought therefore to be cast into the scales of the balance... the objective being the real value of the actual hereditament the inquiry is primarily economic and not legal; it is only legal in so far as logical relevance is the measure of legal admissibility.' (see also ryde on rating, 11th ..... rs. 1,500 per month. aggrieved by this order, the respondent corporation filed an appeal before the high court at bombay. the high court held that the chief judge was in error in holding that the municipal corporation was not entitled to take into account income earned by the owners under the said agreement, set the aside his order ..... . 125 per month. the question was whether the calcutta corporation was right in treating this income as rent within the meaning of s. 127(a) of the calcutta municipal act, 1923 and take it into account while determining the annual letting value of the building. section 127(a) is as follows : 'for the purpose of assessing land and .....

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Sep 05 1967 (SC)

Tribhuvandas Purshottamdas Thakur Vs. Ratilal Motilal Patel

Court : Supreme Court of India

Decided on : Sep-05-1967

Reported in : AIR1968SC372; (1968)70BOMLR73; 1968MHLJ287(SC); [1968]1SCR455

..... of the full bench of the gujarat high court had 'no existence in law', for in the absence of a provision in the constitution and the charter act of 1861, a judge of a high court had no power to refer a case to a full bench for determination of a question of law arising before him, and a decision ..... intended thereby to confer upon the charity commissioner an overriding authority upon actions of the civil court in execution of decrees. 5. the learned judge also held that s. 56b of the bombay public trusts act which provides that 'in any suit or legal proceedings in which it appears to the court that any question affecting a public religious or ..... a precedent of a court of coordinate authority is binding reference to s. 165 of the evidence act is irrelevant. undoubtedly, every judgment must be based upon facts declared by the evidence act to be relevant and duly proved. but when a judge in deciding a case follows a precedent, he only regards himself bound by the principle underlying the .....

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Sep 04 1967 (SC)

Dr. Bool Chand Vs. the Chancellor, Kurukshetra University

Court : Supreme Court of India

Decided on : Sep-04-1967

Reported in : AIR1968SC292; 1968LabIC232; (1968)IILLJ135SC; [1968]1SCR434

..... specific charge was formulated against him but the watch committee in arriving at their decision, considered his own statements in evidence and the observations made by the judge who acquitted him, in support of the order of dismissal. the chief constable appealed to the home secretary who held that there was sufficient material on which ..... of the authorities to dismiss or remove members of the civil services, from employment. there is no warrant however for assuming for that in the general clauses act, 1898, the expression 'dismiss' which was generally used in connection with the termination of appointment was intended to be used only the sense of determination of ..... university, and also the ex-officio chairman of the executive council, the academic council, and the finance committee, and is invested with authority to see that the act, the statutes, the ordinances and the regulations are faithfully observed, and to take such action as he deems necessary in that behalf. the vice-chancellor is .....

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Aug 30 1967 (SC)

Collector of Akola and ors. Vs. Ramchandra and ors.

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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Aug 29 1967 (SC)

Collector of Varanasi Vs. Gauri Shankar Misra and ors.

Court : Supreme Court of India

Decided on : Aug-29-1967

Reported in : AIR1968SC384; 1968(16)BLJR114; [1968]1SCR372

..... varanasi at the time of his appointment, but in law it was not necessary that the person appointed should have been a district judge and much less the district judge of any particular district; therefore, shri malik acted as a designated person and not as a court; hence, the award given by him cannot be considered either as a judgment or ..... not receive any support from those decisions. nor do we find any sound basis for that conclusion. with respect to the learned judges who decided that case, we are unable to agree with that conclusion. in our judgment, while acting under s. 19(1)(f), the high court functions as a 'court' and not as a designated per. our conclusion ..... that is so. in the rangoon case a certain award had been made by the collector under the land acquisition act. this award was affirmed by the court, which under the act meant 'a principal civil court of original jurisdiction'. two judges sat as 'the court' and also as the high court to which the appeal is given from the award .....

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Aug 21 1967 (SC)

K.L. Gupta and ors. Vs. the Bombay Municipal Corporation and ors.

Court : Supreme Court of India

Decided on : Aug-21-1967

Reported in : AIR1968SC303; (1968)70BOMLR337; 1968MhLJ551(SC); [1968]1SCR274

..... and skill which went to the making of the development plan preceded by the tentative plan. s. 13 prescribes that the local authority should make an inquiry before granting or refusing a commencement certificate. the authority must therefore look into all material available to it including the tentative plans and the final development plan ..... the spread of flames would be reasonable in the event of a fire, the reasonableness of the restrictions imposed by the impugned legislation has to be judged in the light of actual facts and not on a priori reasoning based on the dicta in decisions rendered in situations bearing not even the remotest resemblance ..... and in the official gazette. copies of the advertisements were also displayed at various prominent places. the advertisements published in pursuance of s. 9 of the act announced to the public the communications in writing containing suggestions relating to the plan would be welcome within a period of two months. many such suggestions were .....

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Aug 18 1967 (SC)

The Pabbojan Tea Co. Ltd., Etc. Vs. the Deputy Commissioner, Lakhimpur ...

Court : Supreme Court of India

Decided on : Aug-18-1967

Reported in : AIR1968SC271; [1968(16)FLR1]; (1967)IILLJ872SC; [1968]1SCR260

..... higher authority. in view of our findings as above, as also the fact that the authority in this case dis-regarded the provision as to hearing and inquiry contained in the act for all practical purposes, we hold that the civil court had jurisdiction to entertain the suits. 27. the question next arises as to whether the plaintiff's ..... the high court; and s. 12-d lays down that petitions, applications and appeals to high court should be heard by a bench of not less than two judges.... it could thus be seen that any dealer who is aggrieved by an order of assessment passed in respect of his transactions, can avail himself of the remedies ..... (sub-normal workers) were not entitled to full minimum wages without performing a normal day's task or without working the prescribed number of working hours. the subordinate judge framed a number of issues including one regarding the maintainability of the suits, heard evidence and came to the conclusion that the decisions or orders of the deputy commissioner .....

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Aug 16 1967 (SC)

Shri A.C. Aggarwal, Sub-divisional Magistrate, Delhi and anr. Vs. Mst. ...

Court : Supreme Court of India

Decided on : Aug-16-1967

Reported in : AIR1968SC1; 1968CriLJ82; (1968)70PLR261; [1968]1SCR205

..... with law as he has proceeded against them under s. 18 without first taking action under s. 3. for that reason we uphold the conclusions reached by the learned judges of the punjab high court but on grounds other than those relied on by them. but this conclusion of ours does not debar the learned magistrate from taking fresh proceedings ..... refusing to raise the attachment in respect of flat no. 54 of which siri chand the respondent in criminal appeal no. 82/65 claimed to be the tenant. the learned judges held that 'whenever action is taken under s. 18 independently of s. 7, it would offend art. 14 of the constitution and to that extend s. 18 would ..... be ultra vires of the constitution.' 4. in the course of their order dated 23rd july, 1963, the learned judges observe : 'the requirements for taking action under section 18 or under section 7 of the act are identical. the act leaves the choice of the action under one or the other provision to the executive in the case of persons similarly .....

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Aug 14 1967 (SC)

Jagdev Singh Vs. State of Jammu and Kashmir

Court : Supreme Court of India

Decided on : Aug-14-1967

Reported in : AIR1968SC327; 1968CriLJ387; [1968]1SCR197

..... r. 30a. one of such reviews was made in february, 1967. at the time the scope of review was governed by judgment dated june 1, 1965 of shah j. (vacation judge) in sadhu singh v. delhi administration [1966] 1 s.c.r. 243. in that case it was held that r. 30a relating to review did not require a judicial ..... court ujagar singh v. the state of punjab : [1952]1scr756 and godavari shamrao parulekar v. state of maharashtra and others : 1964crilj222 . the first case was under the preventive detention act (iv of 1950). in that case it was held that 'if authority making an order is satisfied that the ground on which a detenu was detained on a former occasion ..... laid down in lakhanpal's case : [1967]3scr114 wants to circumvent that provision by passing fresh orders of detention on the same facts every six months, it will be acting mala fide and the court will have the power to strike down such mala fide exercise of power. but in cases, like the present, where the continuance became defective after .....

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Aug 11 1967 (SC)

Gopi Kanta Sen Vs. Abdul Gaffur and ors.

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 .....

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