Court : Andhra Pradesh
Decided on : Sep-22-1960
Reported in : AIR1961AP282
..... or may commonly be treated as, transferableare not negotiable instruments, unless there be atrade usage to that effect.'therefore i am not sure if the observations of the learned judge in alliance assurance company v. union of india -- : air1959cal563 -- to say that the principle relating to the endorsement cf a negotiable instrument as furnishing a cause ..... one railway and the damage occurs within the jurisdiction of another railway. this is covered by section 80 of the railways act. it says:'notwithstanding anything in any agreement purporting to limit the liability of the railway administration with respect to traffic while on the railway of another administration, ..... the railway for damages in a breach of contract, a cause of action to claim the damages. it may also be stated that the indian railways act while dealing with the liability of the railways as carriers speaks of the liability of the different railways where the goods are booked at the place of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1960
Reported in : AIR1962P& H156
..... a decree for restitution of conjugal rights has been passed.(4) sub-section (1) is to the following effect;'any marriage solemnized, whether before or after the commencement of this act may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party. * * * * * * * * *(viii) has not ..... circumstances to ask for a decree for dissolution of marriage. the provisions contained in clauses(viii) and (ix) are also to be found in s. 27 of the special marriage act, 1954 with this exception that in clause (j) there the words 'after the passing of the decree against the respondent' expressly appeal. in clause(i) also which relates to ..... executed that decree and had taken no steps to obtain restitution and was, even otherwise, unwilling to allow the wife to come and live with him. the learned trial judge has answered that question against the wife and that is now the present appeal has been brought to this court.(3) section 13 of the .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-20-1960
Reported in : AIR1962Guj1; (1961)GLR582
..... appellant and two others were pro-secuted. but, accused no. 3 was discharged at the committal inquiry, accused no. 2 was acquitted at the sessions trial and the appellant (accused no. 1) was convicted by the learned sessions judge as stated above. 3. at the sessions trial, the prosecution mainly relied on the evidence of ..... as it is a statement which does not accompany and explain an act other than the statement. explanation 1 of s. s. evidence act provides that the word 'conduct' in that section docs not include statements unless those statements accompany and explain acts other than statements. now, these pieces of the conduct of the ..... 11. then remains the most important piece of evidence relied on by the prosecution, namely, the statement made by the appellant at the committal inquiry. at the committal inquiry, the prosecution did not examine any witnesses nor was any documentary evidence adduced by the prosecution. the committing magistrate questioned the appellant on 18th december .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-1960
Reported in : AIR1961SC221; [1961]1SCR728
..... point remaining for consideration is as to whether the publication of the notification under s. 3(1) which was treated by the subordinate judge to be the disobedience, has been established to be 'the act' of the state. the entirety of the argument on this part of the case was rested on the terms of art. 154(1 ..... to within the prohibition. the same argument was addressed to the high court and was repelled by the learned judges and in our opinion correctly. in the first place, the only 'notification' contemplated by the provision of the act immediately relevant to the suit, was a notification under s. 3(1). such a notification has the statutory ..... ghatwali estate of handwa situated within the state, instituted against the state bihar, in the court of the subordinate judge, dumka, on the 20th november, 1950, title suit 40 of 1950 inter alia for a declaration that the act was ultra vires of the bihar legislature and was therefore 'illegal, void, unconstitutional and inoperative' and that the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-20-1960
Reported in : AIR1961P& H253
..... got himself admitted in the hospital at amritsar but he did not see him there, and only met dr. amir-ud-din under whose treatment he was. on his inquiry, dr. amir-ud-din had told him, that diwan balkishan was suffering from pulmonary tuberculosis, and that an operation had been performed on his lungs. he also remembered ..... w. 6 dr. sujindar singh and p. w. 7 lal chand both of whom had treated diwan balkishan prior to his death. the conclusion of the senior subordinate judge was, that it had not been established that the deceased had suffered from any serious ailment between 12th of november 1944 to 9th of november 1948 and, therefore, it ..... or arrangement of the words employed, and the language of the contract is already written out, and is selected with great care and deliberation by expert legal advisers acting exclusively in the interest of the insurance company. this is specially so with regard to the provisions of a life insurance policy, which exempt the insurer from liability .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-19-1960
Reported in : AIR1963MP9
..... suggested by my learned brother should be treated as a revision.shiv dayal, j.2. this appeal has been preferred from an interlocutory order passed by the additional district judge shajapur in case no. 260 (lunacy)whereby he has directed stay of all other suits and proceedings in which siddhnath is a party.3. biniyabai respondent no. 1 is ..... lays down that an appeal lies from 'any order made under this chapter'. the chapter begins with section 62 and ends with section 83. this chapter contemplates an inquiry by the court to ascertain whether the person alleged to be a lunatice is or is not so. as a result of this inquisition, the court is empowered ..... chapter' shall be appealable. to put it differently, the expression 'under this chapter' has reference to 'orders' and not to 'proceedings'. in chapter v of the lunacy act an order for staying other proceedings is not contemplated.6. here, rightly or wrongly, an application was made under section 151 of the code of civil procedure. i say nothing .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-16-1960
Reported in : AIR1961Raj174
..... magistrate in that case did not record any evidence whatsoever.he simply went through the documents produced by the police and committed the accused to the court of the sessions judge, jodbpur. it was held that 'where a case rests on evidence other than the evidence of persons who witnessed the actual commission of the crime, a proper ..... against the applicant and so he committed him to the court of session.4. now, the main argument, which was raised by the applicant before the learned sessions judge and which has been again stressed before this court is that the magistrate did not examine all the material witnesses, that he failed to comply with theprovisions of section ..... police report and a case instituted otherwise than on a police report. it was by the said amendment act (no. 26 of 1955) that section 207a was introduced for the first time and a separate procedure was laid down for inquiry (into cases triable by the court of session) by a magistrate in a proceeding instituted on a police .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1960
Reported in : 1961CriLJ472
..... of an officer of the mint upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in an inquiry, trial or other proceeding under the code. it is therefore necessary that the document must purport to be a report under the hand of an officer of the ..... him, the bundle containing the articles was lying outside his house. the appellant was kept outside and the panchanama was made in another house, the learned assistant sessions judge accepted the prosecution case, rejected the defence case and found that the articles in? question were in the possession of the appellant, that the appellant knowingly counterfeited or ..... no application to cases of improper admission or rejection of evidence. in the case of improper admission or rejection of evidence provisions of section 167 of the evidence act would apply. that section reads as under:the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1960
Reported in : AIR1961Guj57; 1961CriLJ499; (1960)GLR249
..... which he directed the chief officer to make in regard to the above mentioned proceedings and travelling expenses as stated above. the learned magistrate himself made an inquiry on receipt of this complaint under the provisions of section 202 of the cr. p. c., and on 9th january 1960, issued a bailable warrant. ..... magistrate dismissed the application of the accused-applicant. against this order of the learned magistrate, a revision application was filed before the learned sessions judge. the learned sessions judge in a detailed and careful order came to the conclusion that in this case sanction was necessary holding that the accused was a public servant ..... not removable except with the sanction of the state government and that the acts charged against him were done by him in his capacity as a public servant or purporting to act as such public servant. the learned sessions judge, under these circumstances, has expressed the view that sanction was necessary for the prosecution .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-14-1960
Reported in : AIR1961AP266; 1961CriLJ804
..... embezzlement was completed only when the prisoner wrote the letter and when it was received in middlesex. the 5th judge, huddleston, b. wrote a dissenting minority judgment. 19. the judges, who gave the majority judgment acted on the basis that the offence was completed when the prisoner by letter made the false statement to his employers ..... the money in question. those letters were duly received by the employers in middlesex. the accused was charged with embezzlement of the amount concerned. the majority of four judges consisting of kelly, c, b., field, j., lindley, j. and manisty, j. held that the accused could be tried at middlesex, on the ground that ..... accused at that stage. the accused filed criminal r. p. no. 53 of 1960 against that order in the court of the chief city magistrate-additional sessions judge, hyderabad. the latter dismissed the revision petition, observing as follows: 'it is only the high court that can interfere with the orders passed regarding jurisdiction of thecourt .....
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