Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: recent Year: 1960 Page 2 of about 434 results (0.347 seconds)

Shelton Vs. Tucker

Court : US Supreme Court

..... teachers to disclose every single organization with which he has page 364 u. s. 488 been associated over a five-year period. the scope of the inquiry required by act 10 is completely unlimited. the statute requires a teacher to reveal the church to which he belongs, or to which he has given financial support. it ..... consider that arkansas had the right to pass the statute in question, and therefore conceive it my duty to dissent. the legal framework in which the issue must be judged is clear. the rights of free speech and association embodied in the "liberty" assured against state action by the fourteenth amendment ( see de jonge v. oregon, ..... to which such individual rights must yield. when the action complained of pertains to the realm of investigation, our inquiry has a double aspect: first, whether the investigation relates to a legitimate governmental purpose; second, whether, judged in the light of that purpose, the questioned page 364 u. s. 498 action has substantial relevance thereto. .....

The J.K. Cotton Spinning and Weaving Mills Co. Ltd. Vs. the State of U ...

Court : Supreme Court of India

Reported in : AIR1961SC1170; [1961(2)FLR529]; (1961)ILLJ540SC; [1961]3SCR185

..... manager, shall during the continuance of an inquiry or appeal, discharge or dismiss any workman.' 5. section 24 provides that every order made or direction issued under the provisions of this government ..... words :- 'save with the written permission of the regional conciliation officer or the additional regional conciliation officer concerned, irrespective of the fact whether an inquiry is pending before a regional conciliation board or the provincial conciliation board or an appeal is pending before the industrial court, no employer, his agent or ..... another act, the rule cannot apply in resolving a conflict between general and special provisions in the same legislature instrument. this suggestion does not find support in either principle or authority. the rule that general provisions should yield to specific provisions is not an arbitrary principle made by lawyers and judges but .....

Sharma (R.S.) (Manager, Saru Smelting and Refining Corporation (Privat ...

Court : Allahabad

Reported in : (1961)IILLJ717All

..... has been convicted under section 80 of the factories act (hereinafter referred to as the act) and rule 110 of the rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of rs. 100. he filed a revision application before the learned sessions judge who refused to make a reference to this court and ..... rejected the application. thereafter the petitioner filed a revision application in this court under section 439, criminal procedure code, which came up for hearing before a learned single judge. on a reference being made by him to a larger bench, the matter has come before us. the only submission that has been made on behalf of ..... knowledge. in emp. v. zamin a.i.r. 1932 oudh 28, the word 'knowledge' came up for interpretation in connexion with a criminal case and the learned judge observed as follows:without going into a metaphysical discussion of the nature of knowledge, we may say that for practical and legal purposes 'knowledge' means the state of .....

R.S. Sharma Vs. State

Court : Allahabad

Reported in : 1962CriLJ251

..... be imputed the knowledge. in emperor v. zamin air 1932 oudh 28 the word 'knowledge' came up for interpretation in connection with a criminal case and the learned judge observed as follows:without going into a metaphysical discussion of the nature of knowledge, we may say that for practical and legal purposes 'knowledge' means the state of mind ..... rejected the application. thereafter the petitioner filed a revision application in this court under section 439 cri.p.c. which came up for hearing before a learned single judge. on a reference being made by him to a larger bench the matter has come before us. the only submission that has been made on behalf of the ..... has been convicted under section 80 of the factories act (herein-after referred to as the act) and rule 110 of the rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of rs. 100/-. he filed a revision application before the learned sessions judge who refused to make a reference to this court and .....

The State of Bombay Vs. S.L. Apte and anr.

Court : Supreme Court of India

Reported in : AIR1961SC578; (1961)63BOMLR491; 1961CriLJ725; [1961]3SCR107

..... such property improperly withheld or wilfully misapplied' was a 'punishment' within either art. 20(2) of the constitution or s. 26 of the general clauses act. the learned judges of the high court rejected this contention. though learned counsel for the appellant originally submitted that he was contesting this conclusion of the high court, he did ..... s. 403(1) of the criminal procedure code, by reason of their previous conviction by the magistrate for the same offence under the insurance act and their acquittal in respect thereof by the sessions judge, pleading in addition that when the conviction by the magistrate stood, they had even undergone a portion of the sentence imposed. the ..... indian penal code set aside their conviction under s. 105 of the indian insurance act. the reason for the latter order was the finding of the learned sessions judge that the sanction required by s. 107 of the indian insurance act which was a pre-requisite for the initiation of the prosecution under s. 105 had .....

Ramlal Kaluram Mishra Vs. the Charity Commissioner

Court : Mumbai

Reported in : (1961)63BOMLR418

..... was dismissed on october 21, 1954.3. thereafter the appellant approached the district court, west khandesh, under the provisions of section 72(1) of the act. the learned district judge, before whom the application came up for hearing, affirmed the decision of the charity commissioner and dismissed the application. the present appeal has been filed by ..... badrinarayan was not a public but a private trust. the charity commissioner considered these contentions and held that, despite the finding made by the sub-judge, registrar under the old act of 1935, he could go into the question as to whether the temple was a public trust or not, and make his finding thereon. ..... is not clear on which date) the learned sub-judge passed the following order:-from the affidavit of pralhad vaidya i am satisfied that badrinarayan temple is not a public trust. this notice and the affidavit and inquiry papers are therefore filed.after the bombay public trusts act, 1950, came into force, the appellant again made an .....

Shriram and ors. Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1961SC674; (1961)63BOMLR434; [1961]2SCR890

..... classification between the two kinds of proceedings at the commitment stage based upon a very relevant consideration, namely, whether or not there has been a previous inquiry by a responsible public servant whose duty it is to discover crime and to bring criminals to speedy justice'. it will thus be seen that the ..... necessary to ascertain whether there was reasonable classification or not. assuming that the said observations are obiter, even then, they record the considered opinion of five learned judges of this court. the view we have expressed also is consistent with the said observations. 12. our view could now be expressed in the following propositions : ..... to the elaborate and prolonged committal proceedings and stepped in to amend the code in that respect. the whole of section 207a has been inserted by act xxvi of 1955. while the section simplified the procedure in regard to commitment proceedings instituted on a police report, it confined the existing procedure to proceedings .....

State of Rajasthan Vs. Shiv Singh

Court : Rajasthan

Reported in : AIR1962Raj3

..... made by him, the entire first information report is inadmissible in evidence. if in addition to the confession it contains certain other matters, which are relevant to the inquiry in the crime, they may be taken into evidence as admissions of the accused but care must be taken to see that such statements are not a part ..... proved that the various packets were properly wrapped and sealed. the learned assistant government advocate has urged that the various technical objections raised by the learned additional sessions judge with respect to the wrapping and sealing were clarified by the evidence of these witnesses and that there remained no doubt that the sword (ex. 18) was recovered ..... this rule has nothing to do with the admissibility of a statement made by the accused under the provisions of the evidence act. in a jury trial the matter of admissibility of evidence is for the judge to decide, while it is for the jury to place any reliance on the evidence on record. if the first information .....

Shree Krishna Rice and Flour Mills Vs. Challapalli Chittemma

Court : Andhra Pradesh

Reported in : (1961)IILLJ260AP

..... some of the courts to frame some test which must be satisfied in order to bring an accident within the course of a workman's employment, leaving the county court judge in each case to decide whether the evidence establishes that the test is satisfied. i myself have been rash enough to suggest a test, namely, that a workman is ..... every fortnight and he was a regular and continuous worker and not a casual labourer. it was therein held that the deceased was a workman within the meaning of the act, in that case, the workmen had to reach the workspot, which was about seven miles away from their village, in a lorry provided by the employer at a nominal ..... employed otherwise than for the purpose of the employer's trade or business and that therefore the deceased was a 'workman' within the meaning of section 2(n) of the act and a was liable under section 12 thereof to pay compensation. dealing with the contention that the deceased was not a workman, it was therein observed that the definition of .....

In Re: Devasahayam

Court : Chennai

Reported in : (1962)1MLJ161

..... expose those responsible to proceedings under the penal law. the learned sessions judge also ignored or overlooked the definition of hurt under section 321, indian penal code, and the specific explanation to section 322, indian penal code, which defines ..... the head and caused the fracture which led to his immediate death.7. in convicting the appellant under section 325, indian penal code, the learned sessions judge has overlooked the explicit terms of section 80, indian penal code, which was enacted precisely to cover contingencies of this character, which however regrettable, do not ..... since the appellant clearly never intended to cause hurt, and could not be credited with any knowledge that hurt or grievous hurt would be caused by his act, and the fracture was due to a sheer accident, the appellant cannot be convicted under the penal law.8. accordingly, i allow the appeal and acquit .....