Court : Rajasthan
Decided on : Feb-12-1960
Reported in : 1961CriLJ414
..... law inasmuch as the procedure laid down by section 252 of the criminal procedure code was not followed. the learned sessions judge rejected the objection on the ground that an explanation had been added to section 67 of the rajasthan excise act placing the reports of the excise officers at par with those of police officers. two other points which ..... applicable to the trial of cases instituted on complaints or reports of excise officers. in that case the accused was convicted on his own statement without holding an inquiry and without framing a charge.the conviction was set aside and the case was remanded for trial in accordance with law. the question did not come up for ..... that nature and the conviction was set aside on the ground that] the procedure followed by the magistrate was: unjust inasmuch as no charge was framed and no inquiry was held in accordance with law and the conviction was based on the statement of the accused. the decision in bhagwana's case i is thus distinguishable.6. .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-12-1960
Reported in : AIR1962Cal53,64CWN1043
..... elections in question had actually been held. the matter, therefore, was being dealt with there at the post-election stage and the observations of the learned judge with regard to the pre-election stage would be, strictly speaking, in the nature of obiter dicta, though certainly entitled to the highest respect. 14. ..... accepted by the learned appellate magistrate. in these circumstances, it is difficult to hold that the learned additional district magistrate, sitting as the appellate authority, acted at all in the discharge of his duties, as contemplated by the statute and the relevant statutory rules, particularly when it is reasonably clear beyond all ..... appears also from the said assessment register that the land and structures aforesaid were treated by the commissioners (municipality) as a single holding under the bengal municipal act (vide section 140(1)) and the rates upon them were assessed accordingly. in the said assessment register under the column 'assessee' the petitioner and his .....
Tag this Judgment!Court : Kerala
Decided on : Feb-11-1960
Reported in : AIR1960Ker258; 1960CriLJ1088
..... as a result of the stab injury sustained by him.4. the next question is whether the injury was inflicted by the accused. the learned judge has in para 5 of the judgment stated that the act of stabbing is not disputed by the accused. as stated earlier, the accused has not admitted that he stabbed and inflicted the injury. we ..... of going about with the penknife or that he had come armed with a penknife on that day to take revenge on raveendran as the learned sessions judge seems to think. the learned judge has observed in para 5 of his judgment that:'he first threw the stick at raveendran. the fact that he had run a little distance from the ..... evidence in the case and the circumstances and probabilities, we are not prepared to agree with the learned sessions judge that the attack by the accused was either 'intentional or retaliatory in nature.' it cannot, therefore, be said that the act of the accused amounts to an offence and we find that he is completely protected by the right of private .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-10-1960
Reported in : AIR1961Kant247; AIR1961Mys247
..... wrongful dismissal from government service in breach of the rules made under section 96-b of the government of india act. 1919. rule xiv of those rules read:--'xiv without prejudice to the provisions of the public servants inquiries act, 1950, in all oases in which the dismissal, removal or reduction of any officer is ordered, the order ..... his contract of service. he was dismissed and brought an action for damage which failed- upon appeal to her majesty in council, lord hobhouse, in giving their lordships' judg-nent, said: 'it appears to their lordships that the proper grounds of decision in this case have been expressed by stone, j., in the full court. they ..... appeal from a decree made in a suit by an aggrieved employee whose services had been terminated, was whether his services had been properly terminated, although the learned judge who decided that case made some observations in regard to the construction of article 16(1) of the constitution which, however, were, we think, un-necessary .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-09-1960
Reported in : AIR1961AP37
..... judgment of the court held:'there is no doubt that any direct pecuniary interest however small, in the subject of enquiry, does disqualify a person from acting as a judge in the matter; and if by any possibility these gentlemen, though mere trustees, could have been liable to costs, or to other pecuniary loss or ..... to cross-examine the witnesses, to give evidence in person and to have such witnesses called, as he may wish, provided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call a witness. the proceedings shall contain a sufficient record of the evidence ..... written statement in defence of the above charges to reach the undersigned by 12 noon on the 23rd september 1959. the undermentioned witnesses and documents will be examined by the inquiry committee in connection with the above mentioned charges. charge (i) & (ii) : witnesses sri abdul rahman s. o. fazulla hussaln ' ' azeez baig ' ' mohd. zafar ' ' sathyanarayana .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-05-1960
Reported in : AIR1960Raj294
..... question as to the competence of the appeal.6. mr. hingorani vehemently' contends that the order of the learned judge of (his court is incorrect, and that his application under section 106 of the insurance act against the directors should have been entertained. section 106, inter alia, provides that the liquidator of an insurance company ..... -feasance on the part of the directors, and that they had contravened any of the provisions of the insurance act, and caused a loss to the assets of the company thereby. on these grounds the learned judge rejected the application of the official liquidator, against which order this appeal has been presented.5. a question has ..... court in the exercise of his original jurisdiction, because by virtue of amendment of section 106 of the insurance act, such an applica-catioii couid be entertained by this court, and not by the learned district judge. there can be no doubt that the application has been made in the course of liquidation proceedings, the insurance .....
Tag this Judgment!Court : Kerala
Decided on : Feb-02-1960
Reported in : AIR1961Ker117
..... that tribunal itself or he satisfies the court that he was unaware of the circumstances which will put him on an inquiry as to the lack of jurisdiction of the subordinate tribunal.'the learned judge on the facts of that case found that there was no total lack of jurisdiction and that it was only a case ..... he bases his objection. that rule is established on good grounds. it applies equally whether the objection is on grounds which make the act of the justices voidable or void.' the learned judge also observed :'in my view the writ is discretionary. a party may by his conduct preclude himself from claiming the writ ex debito justitiae ..... 226 of the constitution and related to the constitution, of the appellate authority to hear appeals against the orders of a regional transport authority under the motor vehicles act.there were certain defects in the constitution of the tribunal. but no objections to such constitution were taken before the tribunal itself. when the question of jurisdiction .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1960
Reported in : AIR1961AP13
..... c. g. srinivasulu naidu filed o. p. no. 76/2/56 for the grant of letters of administration under section 218 of the indian succession act in the court of the district judge, secunderabad for the property of mrs. radhahai their mother. these petitioners in o. p. no. 76/2/56 impleaded mrs. revathamma their step sister ..... abhiram dass v. gopal dass, ilr 17 cal. 48 where a divisional bench has been considering the order of a district judge admitting the respondent as a caveator under section 69 of the probate and administration act (v of 1881). therein, it is found at p. 52. 'a person disputing the right of a. deceased testator ..... munikanniah, j.1. this revision petition is directed against the order of the learned district judge, secun-derabad, who considered that rule 46 of the rules framed by the hyderabad high court under the indian succession act (act xxxix of 1925) in respect of applications for probate, letters of administration and succession certificates has become applicable, and that .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-29-1960
Reported in : AIR1960Mys203; 1960CriLJ1112; ILR1960KAR471
..... held in ram prasad v. banwari : air1956all12 that a party by merely instituting a civil proceeding cannot ask the magistrate to stay his hands and not to proceed with the inquiry under section 145 cr. p.c. if the civil court has given a decision final or interim, to that extent the dispute is a decided and the magistrate should enforce ..... narayan pai j. came to the conclusion that the magistrate should have respected the order of temporary injunction given by the civil court and acted in furtherance of that order. i do not think that the learned judge intended to lay down as a proposition of law that a criminal court should not proceed under section 145 cr.p.c. in respect ..... enquire into the dispute as the very dispute was the subject matter of the suit in i. c. suit no. 49 of 1957 on the file of the civil judge gadag, which was pending trial at the time the order under revision was passed. this contention does not appear to have been taken either before the learned sub divisional magistrate .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-1960
Reported in : (1960)62BOMLR845
..... sub-section (2) states that an inquiry shall be held by a judge not below the grade of an assistantjudge. in spite of the fact that sub-section (1) stated in express terms that the application was to be made ..... the expression has been construed to refer to persona designata. i need refer only to one decision on the subject which was under section 15 of the bombay city municipalities act. sub-section (1) of this section expressly states that an election petition may be made to the district court within which the election was held. after so stating, ..... decision which was given by the taxing officer on september 24, 1959, was a decision which was given by him under sub-section (2) of section 5 of the new act, and, as such, that decision was revisable under the latter provision. therefore, in my judgment, the present revision application does lie under the latter provision.5. the next .....
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