Court : Chennai
Decided on : Nov-30-1960
Reported in : AIR1961Mad486; [1961(3)FLR35]; (1961)ILLJ615Mad; (1961)2MLJ273
..... in i. m. lall's case, 75 ind app 225 : (air 1948 pc 121), without a consideration of the provisions of the civil procedure code relevant to the inquiry and without a consideration of the reasoning of the federal court in tarachand pandit's case, air 1947 fc 23, cannot be treated, particularly because the matter ..... illegal order of dismissal contravening the provisions of the constitution. we are therefore of opinion that the suit claim is well founded and that the learned subordinate judge was right in granting a decree in favour of the plaintiff as prayed for.29. learned counsel for the appellant contended that the order of reinstatement ..... to contractual rights; rodwell v. thomas, 1944 kb596. no remedy exists where an officer appointed under statutory, authority loses his office through its premature termination by act of parliament without compensation, since the agreement has become impossible of performance; reilly v. r, 1934 ac 176. members of the armed forces cannot sue for arrears .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-29-1960
Reported in : AIR1962AP29
..... there was no evidence let in on behalf of the appellants to show that the girl when making the adoption was not qualified to do the act.the learned judges held that having regard to the circumstance that the adoption came to be questioned after so many years it was impossible to expect anything more than ..... and their lordships, after referring to a variety of considerations, -- the transfer of the adopted son from his natural home to his adopted home; his recognition after inquiry, by the legal authorities; proceedings in which the plaintiff himself had acknowledged the adopted boy's right; the dilatoriness of the plaintiff in preferring his claim-- expressed of ..... date of the will and he played a prominent part in the registration of the document. d. ws. 2nd 3 gave straightforward evidence and the learned trial judge has no hesitation in accepting their testimony.(16) learned counsel for the plaintiff relied upon the non-production of the will as a strong suspicious circumstance against its .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-28-1960
Reported in : AIR1962All117
..... be, shall thereupon, notwithstanding anything contained in sub-section (1) of section 58, or 67 or 69, proceed to consider the report and may, after such further inquiry as it may deem necessary, punish, dismiss, remove or exonerate the executive officer or the secretary or such other officer to whom section 69 applies, as the case may ..... of the charges framed. (3) the enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules. (4) after the inquiry is completed, the president shall submit the record with his own recommendation to the state government or to the board as he may consider fit. the state govt. or ..... e., authorities who are empowered to discharge quasi-judicial functions.6. this general rule, however, has an exception and that is that a judge who would otherwise be disqualified may act in a case of necessitywhere no other judge has jurisdiction (see natural justice by h. h. marshall, 1959 edition, p. 38). in the case of serjeant v. dale, (1877 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-1960
Reported in : AIR1961SC773; 1961CriLJ794; [1961]2SCR672
..... rules;' ...............................................................9. paragraph 489 : 'a police officer may be departmentally tried under section 7 of the police act - (1) after he has been tried judicially; (2) after a magisterial inquiry under the criminal procedure code; (3) after a police investigation under the criminal procedure code or a departmental enquiry under paragraph 486 iii ..... proceed with a departmental trial without complying with the provisions of sub-paragraph (1) of para. 486 of the police regulations. the learned judges of the high court held that the respondent was charged with committing cognizable offences and therefore sub-paragraph (1) of para. 486 governed the ..... that he had on nine occasions, particulars of which were given in the charge, accepted bribes. it may be mentioned that the magisterial inquiry related to seven of the nine charges alleged against the respondent. the trial was conducted by the superintendent of police and the respondent submitted .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-1960
Reported in : AIR1961SC751; 1961CriLJ773; (1970)ILLJ670SC; [1961]2SCR679
..... the rules are mandatory or directory, it would be convenient at this stage to notice broadly the scope and the purpose of the inquiry contemplated by the rules. 33. section 2 of the police act constitutes the police establishment; section 7 empowers specified officers to punish specified subordinate officers who are remiss or negligent in discharge of their ..... a cognizable offence; and it was argued on behalf of the respondent that it amounted to an offence under section 409 of the indian penal code. the learned judges accepted the contention of the respondent. even so, it is said that whatever might have been contentions of the parties, the information given by tika ram to ..... the operation of art. 310. the said words refer, inter alia, to arts. 124, 148, 218 and 324 which provide that the judges of the supreme court, the auditor general, the judges of the high courts and the chief election commissioner shall not be removed from their offices except in the manner laid down in those articles. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-25-1960
Reported in : AIR1961P& H215
..... the guise of investigating what sort of reputation a man bears, one were to investigate whether he was thought or said to have committed specific acts, the inquiry would soon degenerate into an inquiry about what a man had actually done in his past life as ascertained by rumour and not by tact. all this is laid down in ..... he submitted an affidavit of the joint secretary in the ministry of home affairs claiming privilege for producing the document in the court. on this the additional sessions judge on 17th november, 1958, said 'i have gone through the document. the privilege is allowed.'77. the counsel for the accused has not questioned the correctness ..... the accused 'committed the basic breach of trust and was unworthy of the position he had.' the jury returned a unanimous verdict of guilty and the chief judge sentenced the appellant to one year's simple imprisonment, expressing the view that in, his opinion no grosser, more unwarranted or mischievous libel could have been published .....
Tag this Judgment!Court : Chennai
Decided on : Nov-24-1960
Reported in : AIR1961Mad310; (1961)ILLJ283Mad
..... decision in wakefield estate v. peruma, 1959-1 mad lj 213, of balakrishna aiyar j. wherein the learned judge held that having regard to the definition of the term "employee" under section 2(i) of the minimum wages act, past employees would not be entitled to obtain the benefit of the summary remedy provided by section 20 of ..... the terms of that section.6. the interpretation of section 20 which commended itself to the learned judge will have the effect of excluding a large class of employees from the remedy provided by that section. section 3 of the act empowers the appropriate government to fix the minimum rate of wages in regard to employments specified in ..... the minimum wages act. this view of the learned judge was mainly based on the circumstances that section 2(i) while defining the term "employee .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-1960
Reported in : AIR1961SC448; 1961CriLJ573; [1961]2SCR610
..... conditions at the time, should all enter into the judicial verdict.' another consideration which has to be kept in mind is that 'the legislature is the best judge of what is good for the community, by whose suffrage it comes into existence............' (see the state of bihar v. maharajadhiraja sir kameshwar singh of darbhanga ..... and bullocks infringes the fundamental right of the petitioners and is to that extent void. (3) now, we come to the madhya pradesh act. several provisions of this act have been challenged before us as imposing unreasonable restrictions on the fundamental right of the petitioners. section 4 deals with prohibition of slaughter of agricultural ..... [1959]1scr629 an ordinance was passed called the uttar pradesh prevention of cow slaughter (amendment) ordinance, 1958. this ordinance was later repealed and replaced by the act. the petitioners say that in the bill as originally drafted the age limit below which slaughter was not permissible was put at 15 years; but the select .....
Tag this Judgment!Court : Kerala
Decided on : Nov-22-1960
Reported in : AIR1962Ker43
..... contention raised in 1959 ker lt 961 : (air 1960 kerala 63) was repelled by the learned judge with the observation : 'apart from the fact that the former is a statute prescribing the procedure for public inquiries, many of the provisions of the act have become obsolete in view of the constitutional safeguards contained in article 311 of the constitution. the ..... taken in regard to him.' we are glad to express our approval of the above dictum in toto. further, adverting to the very similar provisions of the public servants (inquiries) act, central act 37 of 1850, our supreme court observed in s. a. venkataraman v. union, of india, air 1934 sc 375: 'as the law stands at present, the ..... only purpose for which an inquiry under act 37 of 1850 could bo made, is to help the government to come to a definite conclusion regarding the misbehaviour of a public servant and thus enable it to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-21-1960
Reported in : AIR1962AP187
..... of natural is that of harman, j. (as he then was) in byrne v. kinematograph renters society ltd., (1958) 1 wlr 762 (784). the learned judge said this:'what then are the requirements of natural justice in a case of this kind first i think that the person accused should know the nature of the accusation ..... then and there. the situation at this centre during the conduct of the examination became uncontrollable, because the majority of the candidates resorted to malpractices and indulged in acts of rowdyism. they attempted to assault one of the assistant superintendents and caused damage to the school building and furniture which was estimated at rs. 500/-. consequently, ..... 179, was approved. the case raised the issue whether respondent had a fair hearing. in the public inquiry which had been held in accordance with the statute, he and his witnesses had been heard orally but after the inquiry the board's inspector submitted his report to the board who decided the matter after considering the facts .....
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