Court : Andhra Pradesh
Decided on : Aug-29-1960
Reported in : AIR1961AP283
..... . the plaintiff through his next friend gave a notice to the government claiming damages for the permanent loss of his limb occasioned by the rash act of their servant. then he brought a suit before the subordinate judge, tenali, for recovery of rs. 10,000/-by way of damages.3. the government in defence pleaded that the driver was not guilty of ..... to suffer its consequences for many a long year to come. despite such findings in favour of the plaintiff, the learned subordinate judge could not help dismissing his claim for the government in law, is not liable for the tortious acts of its servants. aggrieved by this, the plaintiff has come up in appeal.5. we may at once state that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-25-1960
Reported in : AIR1961P& H60
..... mr. mahajan has in this connection again placed reliance on the judgment of puranik,. j. inair 1948 nag 119. according to the learned counsel the learned single judge of the nagpur high court interfered) on revision with an amendment which was erroneously allowed by the lower court in that case. 13. the scope and effect of ..... , while commenting on section 115 of the code of civil procedure, observed as follows:-- 'the question then is, did the judges of the lower courts in this case, in the exercise o their jurisdiction, act illegally or with material irregularity. it appears that they had perfect jurisdiction to decide the case, and even if they decided wrongly ..... in than case the supreme court set aside the order of the high court holding that the latter had acted in excess of its jurisdiction when it entertained an application in revision against the order of the subordinate judge and remanded the case for further enquiry. recently, the supreme court had again in chaube jagdish prasad v .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-24-1960
Reported in : AIR1961MP190
..... favour of the non-applicant under any provision of law. it is, therefore, clear that the suit of the non-applicant was barred by time. the learned small cause judge acted illegally in holding the suit to be within time on the basis of the letter, dated, 21-11-1958 sent by the chief commercial superintendent. therefore, the decree ..... . s.g. ahmad, ilr (1954) nag 46: (air 1954 nag 115). that was a case of non-delivery, governed by article 31 of the limitation act, wherein the learned judges constituting the division bench held that the limitation under the said article did not start, until the railway administration was able to say finally that the goods could not ..... one of loss or injury to the goods would clearly be governed by article 30 of the indian limitation act, which was equivalent to article 25 of the hyderabad limitation act. the learned judges opined that no other article of the limitation act would be applicable to such a case,14. thus there would be no doubt that the goods having .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-24-1960
Reported in : (1961)ILLJ162Bom
..... conciliation or not, cannot be properly regarded as a part of the conciliation proceedings. they are, what they purport to be on their face, only preliminary inquiries and merely because such inquiries are held, the hands of the conciliation officer cannot be said to be bound in any way. mr. neemuchwalla then said that mr. shelke had not ..... drawn a line of distinction between what is made obligatory by it and what is made discretionary. such being the position, we have no doubt that the learned single judge was right in holding that the conciliation officer had, in this matter, a discretion whether to enter upon conciliation or not. 8. the next and the most important ..... him in the shape of letters addressed to him and to other officers in the labour department by the union, it could well be said that he has acted arbitrarily or acted on insufficient material. in order to avoid such a charge against him, if a conciliation officer embarks upon a preliminary enquiry, can it be properly said .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-1960
Reported in : AIR1962All551
..... and (2) mahabir prasad shall get compensation for the premature cancellation of the aforesaid permits.' 12. it is contended by the appellants that the learned judge was wrong in holding that as neither of theschemes made provision for the offer of alternative routesto the displaced operators the regional transport authoritylaid no jurisdiction to ..... bythe state government, that it was the governor who prepared and caused the proposed scheme to be published, andthat as this was contrary to the act the notification andall subsequent orders and decisions based thereon are invalid.24. 'state transport undertaking' means any undertaking providing a road transport service where such ..... an extraneous or irrelevant consideration. this being the sole grievance of kashi prasad gupta against the grant of permits to the three displaced operators, the act gives him no right to object.76. learned counsel for gupta contended that his client does not object to lawful competition, but government, by granting .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1960
Reported in : AIR1961Raj139; 1961CriLJ853
..... some state legislations prescribing special procedure for cases triable by session court dispensing with committal proceedings.under the amended law there are prescribed different procedures for inquiries in cases instituted on police report and in cases on private complaints and there are fundamental points of distinction in the two procedures. in this ..... trial without examining all the eyewitnesses. reliance was placed on ghisa v. state, air 1959 raj 294 : (ilr (1959) 9 raj 944). the learned judge rejected the petitioner's application. the petitioner has, therefore, filed the present revision application.3. the learned government advocate in opposing the revision contended that the decision ..... and the accused is not at all concerned with it. dealing with the second object, it should be remembered that under the law as amended by act xxvi of 1955, the accused is supplied copies of statements of witnesses recorded during investigation under section 161 cr. p. c. in accordance with the .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1960
Reported in : AIR1961Raj231; 1961CriLJ691
..... the provisions relating to disposal of property are contained in chapter xliii of the criminal procedure code. the various sections contemplate orders of the court in connection with inquiries and trials. a move before a magistrate for the proper custody of property during the course of investigation by the police does not fall within the ..... the purpose of proceeding, in a particular way as indicated in the subsequent provisions of this chapter,--proceeding under/section 200, and thereafter sending it for inquiry and report under/section 202. when the magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this chapter but for ..... administrative order whereas the non-acceptance of the report and taking cognizance of an offence will give rise to judicial proceedings. the learned judge concludes that a magistrate can be regarded (to act judicially only if he takes cognizance of an offence under section 190 cri, p. c. and not until he does so. agreeing .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-23-1960
Reported in : AIR1961P& H45
..... the donees are three daughters of the deceased banta singh and they are all married, the fifth degree collaterals have been relegated by section 8 of the hindu succession act to a very subordinate position in the line of the heirs. their chances of succession arc extremely remote. though in theory the institution of the suit bv a ..... in the second case a widow, inheriting her husband's landed oroperty, had gifted the land to her daughter before the hindu succession act. this gift was challenged in a suit preferred ..... an alienation effected, prior to the enforcement of tie act by an intervening female heir, who at the time of the alienation held only a widow's estate? the question was answered in the affirmative by all the three hon'ble judges constituting the bench. this question arose in two cases which had been referred to the full bench. .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1960
Reported in : AIR1961Mad92; 1961CriLJ382
..... case however contains certain errors (noticed in the order of reference) which justified the criticism that it is difficult to ascertain the precise reason which influenced the learned judges' to come to the conclusion they did. the judgment would appear as if the question arose in regard to the statements recorded under section 162, but it ..... ), held that the documents were not public documents, and that the accused would not be entitled to copies thereof. in the course of their judgment, the learned judges observed that, if the documents were held to be public documents, the accused should be held to have an interest therein which would entitle them to copies thereof ..... not be relevant, if the law enables a person to obtain copies of such statements even before the commencement of the inquiry or trial. it is claimed that sections 74 and 76 of the evidence act provide the statutory basis for the right of a person, against whom an information is given and is pending investigation, to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-19-1960
Reported in : AIR1961All397; 1961CriLJ169
..... magistrates were false.5. under the new section 479-a cr. p. code, there is no right of appeal against an order directing prosecution and no inquiry is made before filing the complaint. the applicants, therefore, appeared before the magistrate who took cognizance of these complaints and contended that the complaints cannot be proceeded ..... the committal proceedings in connection with the murder case against tasadduq.3. both the sessions cases against tasadduq came up far hearing before the sessions judge, sitapur. the sessions judge acquitted tasadduq in both these cases and at the time of pronouncing his judgment in the murder case he made the following observations :'in ..... were false, the witnesses could have been prosecuted in budha khan's case and in the section 19(r) arms act case against tasadduq but not in the murder case against tasadduq. the sessions judge perhaps launched the prosecution depending upon illustration (b) to section 236 cr. p. code. the illustration runs as follows .....
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