Court : Kerala
Decided on : Dec-23-1960
Reported in : AIR1961Ker282; (1961)IILLJ562Ker
..... not strictly applicable to departmental inquiries..... but he must not lower himself to the status of a common prosecutor, that is to say, of a person who feels it a part of his function to bring the guilt homo to the accused at any cost. he must act with the detachment of a judge, since he is professing to ..... exercise that dignified function.' the aforesaid observation was followed in dr. subba rao v. state of hyderabad, (s) air 1957; andh pra 414, where it was held that if is a fundamental principle of natural justice that the officer selected to make an inquiry against a ..... he ought not to take part in the decision or sit on the tribunal'; and that 'any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge, and any interest, though not pecuniary, will have the same effect, if it be sufficiently substantial to create a reasonable suspicion of bias.' the said principles are .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-23-1960
Reported in : AIR1961Cal461,1961CriLJ204
..... she brought a fresh complaint on the same facts against the accused and the magistrate to whom the complaint had been transferred for disposal, after a preliminary inquiry, summoned the accused. after the evidence had been taken the accused pleaded before the magistrate that no charge should be framed as he had been discharged of ..... this is strong prima facie evidence indicating forgery, and this circumstance naturally could not be considered either by the earlier chief presideny magistrate or by the learned judge of the high court who dealt with the earlier revision case. this circumstance by itself would be sufficient to give jurisdiction to the present chief presidency magistrate ..... signatures of sri n.r. sarkar.30. now while it is competent on the part of a judgs or a magistrate to compare the disputed signatures with the admitted signature for himself, vide section 73 of the indian evidence act, it is unsafe to rely entirely on such personal comparison. reference may be made in this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-22-1960
Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)
..... by the respondent bank cannot, therefore, be considered a 'debt' within the meaning of that term as defined in sub-section (6) of section 2 of the act and the learned single judge was right in holding, in agreement with the tribunal, that the petition was incompetent. 37. in the result, upholding the judgment of the learned single ..... at the tune of the partition and not its creditor, and that, therefore, he could not file an application under section 13 of the act. as his application was considered incompetent, the learned single judge did not consider it necessary to decide the other issues raised in the case and in the result he dismissed the appeal with costs. 7 ..... hand, mr. d.n. awasthy, learned counsel for the respondent, maintained that the definition of the term 'debt' in the act did not contain anything beyond the concept of debt as understood by jurists and judges, which was that a debt was a present or perfected obligation to pay, whether presently or in future, a sum of money which .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-20-1960
Reported in : [1962]46ITR1236(All)
..... assessee applied to the commissioner under section 33 for revision of the orders passed by the income-tax officer. the commissioner set aside the assessment and directed further inquiry and a fresh assessment. the income-tax officer again assessed the tax on an income of rs. 75,000. the assessee again applied under section 27 and finally ..... the appellate tribunal in that case that no appeal lay to the income-tax appellate tribunal was approved of, but it appears that the attention of the learned judges of the patna high court was not invited to the enunciation of the law by the supreme court in mela rams case.learned counsel for the respondent attempted ..... the maintainability of the appeal. it was contended before the tribunal that the order passed by the appellate assistant commissioner was not one under section 31 of the act and the appeal preferred before the tribunal was therefore incompetent. the tribunal, for reasons recorded by it in its order dated the 13th march, 1957, upheld the .....
Tag this Judgment!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 : Madhya Pradesh
Decided on : Dec-19-1960
Reported in : AIR1961MP329
..... the accused. if those facts did afford reasonable and probable cause, then the prosecution would be justified and it would not as a rule be necessary for an inquiry to be made into the prosecutor's belief. the state of belief of the prosecutor goes to malice, but not as a rule to reasonable and probable cause ..... was with reasonable and probablecause and with the intention of carrying the lawinto effect and not with any malicious intention.on this finding the decision of the additionaldistrict judge was set aside and the judgment ofthe trial court dismissing the plaintiff's suit wasrestored.5. there is no dispute that the criminal proceedings which were initiated ..... take any action, approved the filing of criminal complaint against the culprits; and that in doing so he acted bona fide and in the interest of the municipal committee. the other defendant also raised a similar plea.4. the civil judge, class ii, khurai, who tried the suit found that the prosecution of the appellant was not without .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-15-1960
Reported in : AIR1961All511
..... namely, the district collector or the sub-divisional officer.'13. in ram gopal v. anant prasad : air1959sc851 , the learned judges rejecting the argument that clause (f) of section 64 of the motor vehicles act restricted in any way the power of the appellate tribunal to deal with appeals filed under clause (a) of the. section ..... on account (a) of any error, omission or irregularity in the complaint, summons, warrant, proclamation order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or ...... unless such error, omission, irregularity, or misdirection has in fact occasioned a failure of justice.'15. in the c. p ..... temporary permit should be granted to a particular person.the observations made with reference to sub-section (2) of section 134 were thus obiter. the learned judges only quoted the words of the sub-section and emphasised the concluding words requiring that a failure of justice must have been cccasioned. they were not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-1960
Reported in : AIR1961SC604; [1961]41ITR751(SC); 1961(1)MhLj55; [1961]3SCR279
..... such expenditure. lord president said at page 534 : 'well that is for the case quite correct, but it must be taken, as you must always take a judge's dicta, secundum materiam subjectum of the case that is decided. but to say that expression of lord esher's lays down that you must take each year ..... referred was : 'whether the expenses incurred for the maintenance and upkeep of immature rubber threes constitute a permissible deduction within the meaning of s. 5(j) of act xxii of 1950 ?' in all the references the questions were answered in the negative and against the appellant. 2. the appeals relate to three accounting years 1950, ..... agricultural income-tax reference nos. 15, 18 and 19 of 1955. in the first reference the question raised was : 'whether under the travancore-cochin agricultural income act, 1950 in calculating the assessable agricultural income of a rubber estate already planted and containing both the mature yielding rubber trees and also immature rubber plants which have not .....
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 : Supreme Court of India
Decided on : Dec-13-1960
Reported in : AIR1967SC408; (1961)IILLJ117SC
..... of procedure which are referred to as rules of natural justice is to ensure fairplay. let us, therefore, see what happened in this case during the inquiry. the inquiry was commenced by the general manager himself and when five witnesses had been examined, ramanatha babu took over the enquiry and examined the general manager as a witness ..... nooh, where the district superintendent of police, presided over the enquiry except when he himself was examined as a witness, and also gave the decision, in an inquiry against a police constable. in substance, however, there is hardly any difference. one can see that in the facts of this case the general manager and ramanatha babu ..... formed practically one entity, with two bodies. at one stage, the first acts as a judge; at a later stage, he steps down as a witness; and the second becomes a judge. there is the further fact here that the person who gave the actual decision had actively been procuring the evidence .....
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