Court : Mumbai
Decided on : Oct-06-1960
Reported in : AIR1962Bom21; (1961)63BOMLR362; ILR1961Bom735
..... case. since the offence is clearly made out on the allegations, charge for this offence must be framed.(8) the result is that the reference made by the learned sessions judge must be rejected. in view of what i have stated above, i direct the learned magistrate, if he has not already done so, to frame an additional charge under section ..... of these goods. against this judgment accused nos. 4, 5 and 6 went in revision to the sessions court challenging the order oft learned trial magistrate. the learned sessions judge tool the view that in view of the fact that the sale in favour of accused no. 1 was completed by accused no. 2 and the others in calcutta and ..... the accused were prosecuted under section 18(a)(i),(ii) and (iii) of the drugs act, 1940. accused no. 2 had also given a warranty to accused no. 1, and therefore, an offence under section 28 was also alleged against accused nos. 2 to 6. preliminary inquiry was held by the learned magistrate and at that stage it was contended on behalf .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-28-1960
Reported in : [1962(4)FLR369]; (1961)GLR23; (1961)ILLJ585Guj
..... over a water tank, his face being covered with water. the post mortem examination showed that he died of heart disease. upon these facts, the county court judge held that the work upon which the deceased was engaged contributed to and accelerated his death and made an award in favour of his dependents. the appeal court also ..... suffering from serious aneurism and was employed in tightening a nut by a spanner when he suddenly fell down dead from rupture of the aneurism. the county court judge found upon conflicting evidence that death was caused by strain arising out of the ordinary work of the deceased operating upon a condition of body which was such ..... these findings of facts the learned lord chancellor considered binding. the question then arose whether on these findings the learned trial judge was entitled to regard the rupture as an 'accident' within the meaning of the act. the learned lord chancellor said that he was so entitled. 12. rupture was an untoward event. it was not designed and .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-27-1960
Reported in : AIR1961Guj34; (1961)2GLR23
..... over a water tank, his face being covered with water. the post mortem examination showed that he died of heart-disease. upon these facts, the county court judge held that the work upon which the deceased was engaged contributed to and accelerated his death and made an award in favour of his dependants. the appeal court also ..... from serious aneurism and was employed in tightening a nut by a spanner when he suddenly fell down dead from rupture of the aneurism. the county court judge found upon conflicting evidence that death was caused by strain arising out of the ordinary work of the deceased operating upon a condition of body which was such ..... these findings of facts the learned lord chancellor considered binding. the question then arose whether on these findings the learned trial judge was entitled to regard the rupture as an 'accident' within the meaning of the act. the learned lord chancellor said that he was so entitled. rupture was an untoward event. it was not designed and was .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-27-1960
Reported in : AIR1961P& H236
..... years old had met with an accident, had not satisfied him that he had a reasonable expectation of pecuniary benefit and in the opinion of the learned judge the plaintiff had not proved damage either actual or prospective.13. in the present case the plaintiffs had a reasonable probability of pecuniary advantage from their deceased ..... matters of speculation and doubt'.in a later case from british columbia where the columbia legislation had reproduced, as was said, with inconspicuous differences, the fatal acts in force in the united kingdom, the judicial committee followed the principles laid down in the above case by the house of lords vide nance v. british ..... the maintenance or support of his parents. there has not to be specific evidence of pecuniary advantage actually derived from the deceased prior to hisdeath. under this act, even prospective loss can be taken into account. parents can legitimately recover for the loss of the probability that their son would some day earn and contribute .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-23-1960
Reported in : AIR1962MP104
..... (4) of section 145, cri. p. c. signifies is that after the preliminary order has been served on the opposite party, the magistrate shall proceed to hold an inquiry into the respective claims of the parties. the intention of the legislature in enacting the 3rd proviso to this subsection clearly was to enable a magistrate in a case of ..... section 145, cri. p. c., the magistrate had no jurisdiction to issue an order of attachment prior to its service on the opposite party. the observations of the learned judge on this point are clearly obiter. there is no reason to suppose that the words 'at any time' used in the 3rd proviso to sub-section (4) of section ..... vol. 31). crawford also has observed in his statutory construction as follows: 'a proviso on the other hand is a clause added, to an enactment for the purpose of acting as a restraint upon or as a qualification of the generality of the language which it follows.' on applying this principle it would follow that although the provisions of sub .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-23-1960
Reported in : AIR1961MP200
..... '. nor indeed does this duty or jurisdiction arise merely under the said section. it is inherent in the general jurisdiction of the courtto act rightly and fairly according to the circumstances towards all parties involved.'' further on, the learned judges constituting the division bench observed as follows :'section 144 of the civil procedure code doesnot create the right of restitution. it merely confers power ..... court passing the decree or the court to which the decree may be transferred for execution.' 12. the learned judges were, however, concerned with the question whether a restitution application would be governed by article 182 or 1.81 of the limitation act. ultimately, they came to the conclusion that a restitution application would be governed by article 181 of the limitation .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-1960
Reported in : (1961)ILLJ95Bom
..... his typed order together with certain papers there referred to an has gone to the length of observing that sri fernandes was wrong or rather partial in not making inquiries into the reports against the appellant. sri fernandes' conduct however was not in question before the labour court and if sri fernandes honestly believed after hearing the ..... why he thought it necessary to take any action on the reports against the appellant and if really the management desired to take any action in the matter, the inquiry could have been entrusted to any other officer. these are the reports not fully inquired into nor finally considered for the action, if any, against the appellant ..... the form in which the order is made or of the language there used. before proceeding with the position under the bombay industrial relations act and the points raised for consideration by the learned labour judge in this connexion, a reference may be made to the recent case of assam oil company, ltd. v. its workmen 1960 i l .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1960
Reported in : AIR1961P& H125
..... to live a normal married life again and it would be a plain denial of justice to keep them within the bonds of marriage.12. the learned judge has further held that the act of cruelty has been condoned by resumption of married life between the parties. it is in evidence that an abortion took place after 1951 and the birth ..... lall, the learned counsel for the appellant, has also brought to my notice an authority of a single judge of the bombay high court an cowasji nusserwanji patuck v. shehra cowasji patuck, air 1938 bom 81, to show that 'even a single act of gross cruelty may beenough to constitute legal cruelty, if it is such as to lead to a ..... shamsher bahadur, j.1. this is a husband's appeal from the judgment and decree of the district judge, delhi, dismissing has application under section 10 of the hindu marriage act for judicial separation from his wife, shrimati sarla rani.2. the parties were married to each other on 17th of november, 1948 and there are two issues of this union .....
Tag this Judgment!Court : Kerala
Decided on : Sep-22-1960
Reported in : AIR1961Ker309
..... after notice to the government header) sees no cause to direct such enquiry'.it follows that in several cases of applications for leave to appeal, there need not be any inquiry into the pauperism of the applicant. if no enquiry is to be held, no notice need be issued to the respondent before granting leave to appeal as pauper. if ..... to institute the suit in forma pauperis, for further leave to appeal as pauper, from the decree dismissing his suit. notice on this application was ordered by a learned judge of this court on 23-6-1959; and the respondent and the government pleader have entered appearance in response thereto. the question now is whether, at this stage, the ..... that the decree is contrary to law or to some usage having the force of law, or is otherwise erroneous or unjust.'the sub-rule (2) was newly introduced by act lxvi of 1956. formerly in its place there was a proviso which reads as follows : 'provided that the court shall reject the application unless, upon a perusal; thereof .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-22-1960
Reported in : AIR1961SC1135; [1961]41ITR135(SC); [1961]1SCR770
..... of the tribunal is final on a question of fact, an issue of law if the tribunal arrives at its decision by considering material which is irrelevant to the inquiry, or by considering material which is partly relevant and partly irrelevant, or bases its decision partly on conjectures, surmises and suspicions. it is contended that on the ..... appellant did with his share of the money and the tribunal rightly pointed out that the father took cover under 'mixing of investments.' these were relevant considerations for judging the probability of the story. the tribunal also rightly pointed out that the fact that bai aloo was not assessed did not make the story any more probable. ..... dated october 7, 1955, and by its order dated march 8, 1956, dismissed the application of the appellant for a reference under section 66 of the income-tax act, 1922. 9. the appellant unsuccessfully moved the bombay high court by means of a petition under section 66(2). this petition was summarily dismissed by the high court .....
Tag this Judgment!