Court : Andhra Pradesh
Decided on : Oct-17-1960
Reported in : AIR1961AP324
..... before our learned brother, seshachalapati j., that the assistant collector had no jurisdiction to proceed with a fresh inquiry, having regard to section 35 of the central excise act. this contention did not find favour with the learned judge with the result that the petition was dismissed with costs. it is this order that is how under appeal ..... this view was expressed by satyanarayana raju j. in narasimharaju v. state transport authority, (1958 andh lt' 627). there, the learned judge was dealing with section 64-a of the motor vehicles act. all the same, we feel that that decision has analogy here because the provisions of that enactment are similar to those of the statute ..... the appellant, is that under section 35 of the central excise act. the only power that is vested in the appellate authority is to confirm, alter or annul the decision or order appealed against and it is not competent for him to direct a fresh inquiry. as the controversy centres round the interpretation of section 35, it .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-17-1960
Reported in : AIR1961MP223
..... were registered as miscellaneous civil applications nos. 48 and 49 of 1956. by the order, dated 13-7-1956, the trial court was directed to hold an inquiry into the allegations made in the affidavit about the illness of the plaintiff.after the receipt of the findings, the learned additional judicial commissioner finally dismissed the applications ..... , excluded the period between the correct date of the decree and the incorrect date shown in the decree due to a mistake of the court. the learned judge, adopting the maxim actus curiae neminem gravabit, held the execution application to be within time by excluding the period, which was wasted due to the wrong action ..... upon an artificial legal fiction relating to the phrase 'date of decree' occurring in article 182(1) of the limitation act due to the operation of order 20 rule 7 of the civil procedure code. the learned judges constituting the full bench in ilr (1955) nag 791 (supra) pointed out the impropriety of filing an application for a .....
Tag this Judgment!Court : Kerala
Decided on : Oct-14-1960
Reported in : AIR1962Ker93
..... he was born on a certain date if the date is material, requires proof; the onus is on the person making the assertion. now, in conducting any inquiry, the determining tribunal, be it judge or jury, will often find that the onus is sometimes on the side of one contending party, sometimes on the side of the other, or as it is ..... v. raman unni, air 1918 mad. 675, seshagiri aiyar j. said: 'the position of a sthani approximates more to that of an owner of an importable estate before the act than to that of a widow.' according to bashyam ayyangar j. in vidyapurna tirtha swami v. vidyanidhi tirtha swami, ilr 27 mad 435 the sthanis of malabar fall under the ..... thames insurance co., (1878) 3 qbd 594 : 47 ljqb 749). these two aspects of the burden of proof are embodied in sections 101 and 102 respectively of the indian evidence act section 101 states: 'whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-1960
Reported in : AIR1961SC304; 1961CriLJ447; [1961(2)FLR321]; (1961)ILLJ334SC; [1961]2SCR1
..... 'a conciliation officer or a member of a board or court or the presiding officer of a labour court, tribunal or national tribunal may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates'. 10. section 11 only ..... agreement'. 3. on january 12, 1954, an application was made for the registration of the union of the workmen of the distillery under the indian trade unions act, and the same was registered on march 23, 1954, under the name and of mankatha distillery mazdoor panchayat. the distillery was closed and the workmen were discharged, ..... the settlement. against this order, an appeal was taken to the sessions court and the third addl. sessions judge dismissed the appeal. he confirmed the findings of the learned magistrate. 7. against this order of the sessions judge, an appeal was taken to the high court by the respondent only, and the high court set aside .....
Tag this Judgment!Court : Kerala
Decided on : Oct-13-1960
Reported in : AIR1961Ker299
..... would constitute error of jurisdiction.he has further relied on gullapalli nageshwara rao v. andhra pradesh state, air 1959 sc 308, where the majority of the learned judges have held that even administrative tribunals, when dealing with rights of a party, must hear, and that, if one person were to bear and another pass orders ..... or assistant superintendent alone, can under the rules governing the police force, inquire into complaints against the constables; and as the inquiry had been by a subordinate officer, the dismissing authority could not act on the records so prepared, that the dismissal would be on material got contrary to the aforesaid direction and this would ..... be after proper judicial enquiry in so far as the inspector general had not recorded the evidence, on which the appellant has been dismissed. the learned judge has dismissed the writ petition on the short ground of the appellant's having the alternative relief of appeal against the conclusions of the inspector general of .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-13-1960
Reported in : AIR1961Guj109; (1961)GLR57
..... can only be achieved by a proper amendment of the constitution. he also held that rule 30 was binding on the central government only in an inquiry before it as a special tribunal. the learned judge, however, left open the question whether section 9(2) was a bar to the jurisdiction of the civil courts, but held that in any ..... was a citizen of india but was deported on the strength of his having registered himself as a foreigner under the registration or foreigners' act. 1939. it is true that the learned district judge has held that there was no proof adduced by him to show that he got himself so registered under force or compulsion as alleged by ..... to place certain materials before the court from which an irresistible conclusion could be drawn that swat state was part of india as defined in the government of india act, 1935. the learned chief justice has referred to several publications of the government of india as also certain maps and reports published under the auspices of the government. .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1960
Reported in : (1961)63BOMLR487
..... a notice. he, however, admitted that the statement of his claim was not filed by him as required by section 8(1) of the relief of indebtedness act.9. the learned judge of the lower appellate court, while dealing with the question as to whether the creditor had complied with the provisions of section 8(1) of the relief of ..... court has held that the appellant had failed to comply with the provisions of section 8(1) of the belief of indebtedness act, and, therefore, it must be taken that the debt was duly discharged. the learned judge observed in para. 9 of his judgment:the next question would be regarding the legality of the order discharging the debt ..... indebtedness act, observed as follows in para. 8 of his judgment :the first point of importance would be regarding whether laxminarayan was rightly held to be served. the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-11-1960
Reported in : AIR1961Mad298; (1961)1MLJ140
..... married the 2nd defendant sometime in 1949. of course, his evidence is not clear as to whether the marriage took place before the madras act vi of 1949 or after. no doubt, the learned district judge has discussed the evidence and the probabilities of the case to fix the date of the marriage. but this was wholly unnecessary. so long ..... hindu widows' remarriage ace cannot be invoked, the marriage of the second defendant with the third defendant being a void marriage under madras act vi of 1949. in this view of the matter, the learned judge granted a mere decree for declaration in favour of the plaintiff that the alienation by the second defendant in favour of the first defendant ..... and that it was sprung as a surprise at the time when the appeal was heard by the learned district judge. there is no doubt some force in this contention of the learned counsel. if the applicability of madras act vi of 1949 raised in this case were to depend upon disputed questions of fact, i would have had no .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1960
Reported in : AIR1961All245
..... b. d. 627. in this case again the meaning of the expression 'final judgment' in section 4, sub-section (1) (g) of the same act came up for consideration before the learned judges. in this judgment the earl of selborne, l. c. expounded its meaning in the following words : 'to constitute an order a final judgment nothing more is ..... of the suit, and as after, the decision of the high court that can never be disputed again, their order is final, notwithstanding that there may be subordinate inquiries to make,' (p. 4.) 19. the above two cases of the privy council can no doubt be justifiably invoked to lend some support to the contention on behalf ..... therein. 63. in : air1954cal424 it was held by chakravartti, c. j. that 'the word 'judgment' was not intended to bring in orders, not final.' the learned judge in his judgment, which i may say with respect, is highly illuminating and instructive, referred to the internal indications in the constitution itself pointing to that conclusion. in this .....
Tag this Judgment!Court : Kerala
Decided on : Oct-07-1960
Reported in : AIR1961Ker324
..... circumscribed by fundamental rules of the constitution. with respect, we feel the position would be different where the constitution itself had conferred those privileges, and the inquiry would then be^what the privileges of the commonsare, which have been conferred on our legislatures. the conferment is under article 194, which leads as fallows ..... of the speaker and the assembly. it was contended before the supreme court that the procedure was not strictly in accordance with law; but the learned judges, rejecting this contention, observed : 'there are two answers to the contention firstly, that according to the previous decision of this court, the petitioner has ..... constitution. therefore, we cannot interfere with the proceedings within the assembly, and courts have refrained from departing from the rule of non-interterence, even when act, or legislation about to be passed is averred to be void on grounds of its having contravened the constitutional provisions. 14. the petitioner's learned .....
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