Court : Punjab and Haryana
Decided on : Sep-07-1960
Reported in : AIR1962P& H53
..... been canvassed in this appeal, it would be necessary briefly to set out the purpose and the underlying provisions of the evacuee interest (separation) act, 1951, so far as they are germane to the present inquiry. according to the objects and reasons, the legislation was intended to provide an expeditious method for the assessment and separation of evacuee and non ..... applying all the three tests laid down by pollock, c. b., in this judgment, it seems to us that the construction which has been put by the learned single judge is the correct one. the preamble has been given due consideration as also the language employed therein. we do not find that the omission of the word 'interest' ..... the writ petition. zahir-uddin and hamida begam have come in appeal under clause 10 of the letters patent.(6) the learned single judge has found that (1) the benefit under section 9(1) of the act has been given and was intended to be given only to evacuees who have left for pakistan, and (2) the statements made .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-07-1960
Reported in : AIR1961P& H105
..... from taking part in electoral rolls. in other words, it would be tantamount to disenfranchising otherwise qualified persons by omitting their names from the electoral rolls. the learned judge came to the conclusion that the current assembly rolls, even after they had been arranged ward-wise, were imperfect, as they were not the rolls prepared in accordance ..... me.next, reference was made to konjiti venkateswarlu v. district panchayat officer, air 1958 andh pra 252. after the amendment of section 21 of the madras village panchayats act, the district panchayat officer had allotted to the first ward the extra seat necessitated by the president of a panchayat also having to be a member. the result ..... relator is a fit person to be entrusted with the writ. he must not be disqualified by having acquiesced or concurred in the, act which he comes to complain of or in similar acts at former elections.in the first place, in the present case it has not been shown that elections can be set aside on the .....
Tag this Judgment!Court : Orissa
Decided on : Sep-06-1960
Reported in : AIR1961Ori118; 1961CriLJ130
..... the complaint under section 203 criminal procedure code on november 17. 1953. thereafter, the defendant complainant filed a criminal revision petition in the court of tho sessions judge which was also dismissed on april 6, 1954.the plaintiffs (who were complained against) attended the investigation, the preliminary enquiry before the deputy magistrate, ..... engaged lawyers and produced their evidence before him in support of the defence and also appeared before the sessions judge through their lawyer and defended the case. the plaintiffs surrendered before the sub-divisional magistrate on account of their apprehension of arrest by the police ..... proceedings 'have reached the stage at which damage to the plaintiff results'.if the damage is invited by the plaintiff him-self, by his voluntary act of attending the enquiry, certainly the defendant complainant is not liable on the ground that volenti non fit injuria. inother words, the alleged damage is .....
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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-01-1960
Reported in : 1961CriLJ401
..... notice given to haribux respondent to stand and directed that gulab chand should sign the application, filet a proper affidavit and lead evidence necessary for the purpose of inquiry.it appears that gulab chand signed the application and also filed go affidavit. when this application came up for hearing on 18-11-1959 before bapna, j., ..... by affidavit being a recognised mode the term 'witness' should be liberally interpreted to include a deponent of an affidavit. the suggestion cannot be accepted. the evidence act being inapplicable to affidavits it cannot be treated evidence generally. of course under some special provisions of the civil procedure code and criminal procedure code and probably some other laws the litigants ..... haribux son of kundanmal of kuchaman the opposite party, filed an appeal on 15-5-59 in this court against the order of the district judge, merta setting aside his election. on the same date he filed an application for staying the operation of the order of' the district .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1960
Reported in : AIR1961P& H190
..... 1. there has been no dispute before us about the quantum of damages awarded to the plaintiff, though he claimed rs. 15,000/- the learned senior subordinate judge has awarded him rs. 5,000/- only as damages. considering the fact that the plaintiffhad sustained fracture of three ribs and pelvisbone and injuries on various other ..... a statutory liability to satisfy the judgment passed against the insured.here the suit was primarily against the driver of the bus, whose rash and negligent act resulted in injury to the plaintiff, and his employer the amritsar national transport society. the appellant company as insurer was impleaded because ultimately the damages awarded ..... regarding its liability should be passed after it has unsuccessfully contested the plaintiffs claim.as has been observed earlier, under section 96 of the motor vehicles act, 1939, once the claim is decreed against the insured, the insurance company is under a statutory obligation to satisfy the liability of the insured under that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-31-1960
Reported in : 1961CriLJ448
..... to rely on the decision of this court in venkatachalapatirao v. govindarajulu : air1960ap300 . in that case, the relevant facts were as follows : the tahsilder in a preliminary inquiry found that there was prima facie a case against the petitioners under sections 353, 356 and 146, penal code and transferred the papers to the station house officer for ..... a material bearing on the appropriate procedure. the order of the city magistrate does not mention the provision under which he took action. the finding of the learned sessions judge is that it could validly be under section 190(1)(b) cri p. g. (it is represented to me by the learned public prosecutor that the procedure ..... to the magistrate put in by the person, who had lod the f.i.r. with the police, was really a complaint petition and that, though the magistrate acted only on information contained in the police diary as well as the petition of complaint, the action on the complaint petition came within section 190(l)(a) and, therefore .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-1960
Reported in : AIR1961SC29; (1961)63BOMLR251; [1960]30CompCas644(SC); [1961]1SCR417
..... s. a. venkataraman v. the union of india : 1954crilj993 in the case an enquiry had been made against the appellant venkataraman under the public servants (inquiries) act, 1850 (act xxxvii of 1850). on receiving the report of the enquiry commissioner opportunity was given to the appellant under art. 311(2) to show cause, and ultimately ..... , rejected on the ground that the proceedings taken against him before the commissioner under the inquiries act did not amount to a prosecution. the relevant provisions of the said act were examined, and it was held that in an inquiry under the said act there is neither any question of investigating an offence in the sense of an ..... . this can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed.' the learned judge has also added that any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him .....
Tag this Judgment!Court : Orissa
Decided on : Aug-30-1960
Reported in : 1961CriLJ689
..... of each case. the nature of corroborative evidence should be such as to lend assurance that the evidence of the prosecutrix can be safely acted upon,8. in the present case the learned sessions judge appears to have been satisfied from the demeanour of p.w.i in the witness box that she was speaking the truth and he rightly ..... . subsequent conduct, by itself although important, is not enough, because a witness cannot corroborate himself. in such cases the judge is bound to tell the jury that it is a rule of the court not to act on the evidence of the complainant without some corroboration and where there is no corroboration to direct them that their proper course ..... believed her evidence. it is yet to be seen whether the circumstances in this case lend assurance that the evidence of the prosecutrix can be safely acted upon. before actually .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-1960
Reported in : 1961CriLJ813; (1960)GLR151
..... the second, third, fourth and fifth blows on bai pidi, the offence of voluntarily causing grievous hurt has been made out against the appellant. the learned sessions judge was, therefore, right in convicting the appellant under section 326, indian penal code, for having voluntarily caused grievous hurt to bai pidi with a 'dharia'. the ..... than was necessary for the purpose of defence, and, therefore, according to him, exception ii to section 300, indian penal code, did not apply the learned sessions judge, therefore, convicted the appellant under section 302, indian penal code, for having caused the death of vajiria and under section 326, indian penal code, for having ..... the statement of the accused on this point would justify the inference that the appellant was acting in the exercise of the right of private defence and, therefore, he was entitled to acquittal the findings of the learned sessions judge that vajiria died as a result of injuries caused to him by the appellant, that these .....
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