Court : Chennai
Decided on : Sep-14-1960
Reported in : AIR1961Mad230
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing the question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957, on the file of the district court, tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-14-1960
Reported in : (1962)1MLJ279
..... confined only to killing of stray dogs without owners, and that therefore the municipal council was not liable. the learned district judge was also of opinion that section 375 of the municipalities act was a bar to the maintainability of the suit. the judgment and decree of the trial court were therefore set aside and ..... is whether the municipal council can justify its action by taking shelter under section 254 of the travancore district municipalities act, 1116. before discussing this question i must say that the learned district judge was totally wrong in holding that the municipality can authorise killing of dogs in public streets without even any statutory sanction ..... appeal which was a.s. no. 171 of 1957 on the file of the district court of tirunelveli. the learned district judge held that quite apart from section 254 of the district municipalities act, the municipality had the power to direct destruction of dogs straying in public streets. he further held that the employee of .....
Tag this Judgment!Court : Kerala
Decided on : Sep-14-1960
Reported in : AIR1961Ker197; (1961)ILLJ256Ker
..... , as well as the reasons or basis thereof, upon all the material issues of law or facts presented on the record.also section 12 of the english tribunals and inquiries act, 1958, requires reasons for such a decision as is mentioned in paragraph (a) or (b) of sub-section (1) of the section, whether given in pursuance ..... order would not be fatal to its legality, nor the error can be made a ground for invoking this court's powers under article 226. the learned judge hearing the writ petition, considered the question of petitioner's being a member of the public services to be of sufficient importance and has referred the case to ..... departmental branch post master at erumapramattom, erattupetta, meenachil taluk. by the order of the inspector of post offices, kottayam, he was temporarily removed from the service, pending inquiry into the failure to credit in the accounts the value of v. p. articles, and criminal prosecution was also launched against him in connection with the aforesaid failures to .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-13-1960
Reported in : (1960)62BOMLR1077
..... of the government. this contention was contained in ground (t) of para. 15 of the petition. so far as the first of those contentions was concerned, the learned judge did not think it necessary to decide it, inasmuch as the counsel for the petitioners did not press it. as regards the second contention, it was negatived by the ..... was heard by mr. justice mody.3. at the hearing of the petition, out of several contentions raised by the petitioners, only four were urged before the learned judge. the first of them was that the petitioners had given to the respondents intimation of the vacancy by their letter dated may 3, 1959, that under section 6(3 ..... the premises in question, and if they could, whether they could allot them to k.a. nambiar. having made the necessary inquiries the respondents came to the conclusion that under the provisions of the landrequisition act and in the circumstances of the case, they could validly exercise their powers to requisition the premises, and allot them to k.a .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-13-1960
Reported in : AIR1961Guj11; 1961CriLJ57; (1961)0GLR168
..... to by witnesses mohanlal and meghji, examined on behalf of the prosecution. this part of their test-mony has not been accepted by the learned judge, then, according to the prosecution, certain acts were committed by the appellant as a result of which punja died on the spot. this part of the prosecution case is disputed by the ..... the pistol and that pistol and the live cartridges were attached as a result of the production before the p. s. i. at bhuj. the learned sessions judge felt convinced that prosecution had. established both these points and he held it proved that the appellant was responsible for the murder of punja. though the two prosecution ..... , i, indian penal code and sentenced to suffer rigorous imprisonment for five years and for the offence under section 21, indian arms act, and sentenced to suffer rigorous imprisonment for three months. the learned judge has ordered both the sentences to run concurrently.2. the first charge against the appellant was that, on or about 3-10-1959 .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-1960
Reported in : AIR1962All461
..... the parties also centred round the aforementioned two questions and there was difference, as i have already indicated, between the two learned judges who constituted the bench hearing the appeal.17. in order to appreciate the scope of the argument raised on behalf of the defendant ..... pronouncing on the prospective or retrospective effect of the amendment brought about in section 80 by act vi of 1948.23. if we were to check the validity or judge the validity or invalidity of the notice at the time of the filing of the suit ..... was, was the date of the cause of action and that the amended act could not be applied in order to determine that question. it was further held by the learned judge that though the provisions of section 80 were procedural in their effect yet the ..... then we would, in effect, be expecting the plaintiff to have done something which the law at the time when he did the act did not .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-10-1960
Reported in : AIR1961Kant106; AIR1961Mys106
..... prospects of that candidate's election, from any person in the service of the government and belonging to any of the following classes, namely :-- (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the union; (d) members of the police forces; (e) excise officers; (f) revenue officers including village accountants, ..... not a commission armed with powers to inquire into and suppress corruption. to use the language of that eminent judge, the late mr. justice willes, 'no amount of evidence ought to induce a judicial tribunal to act upon mere suspicion to imagine the existence of evidence which might have been given by the petitioner, but which he ..... h 192, grove j., said this: 'i think it highly desirable that in election inquiries the law of principal and agent should be, as it is, rather one of facts than of distinct rules; for this reason, thai when the judges have laid down a rule as to whnt constitutes agency, in the next election petition which .....
Tag this Judgment!Court : Chennai
Decided on : Sep-08-1960
Reported in : (1962)1MLJ116
..... on bits of property forming part of a muslim burial-ground. when they were sought to be evicted by the landlord-trustee they claimed the benefit of the act. the learned judge referred to the full bench decision already referred to and observed as follows:by reason of this explanation it is clear that section 9 was intended to apply ..... -tenant preferred an appeal, a.s. no. 104 of 1957 which was heard and disposed of by the learned additional judge, city civil court, madras. the learned additional judge held that the tenant was entitled to the benefits of the act and accordingly granted her the relief for purchasing the land from the trust in accordance with the provisions of the ..... cannot enforce a compulsory sale of the land under section 9 of the madras city tenants protection act and require the temple or mosque to deliver the land to him on a valuation to be made by the court.6. the learned judges took the view that the explanation to section 9 did not permit the tenant to compel the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-08-1960
Reported in : AIR1961P& H98
..... suggest the necessity of any further inquiry. finally, in order to bar any loophole by which the person affected by the order might escape, the legislature has expressly taken away the powers of civil courts ..... which the person affected by the order may have to set up in his defence, and then the appellate authority, if it thinks necessary, may hold some further inquiry, but it may not da so. it is obvious that any report submitted by the competent officer to justify his orders is hardly likely to contain any grounds which ..... by mehar singh j. and myself. we disagree with the view of the allahabad high court that the act offended the provisions of article 14 of the constitution, and while agreeing with the learned judges of the calcutta high court that the act offended the principles of article 19(1)(f) we did so on somewhat different grounds. the chief reason .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1960
Reported in : AIR1961Bom227; (1960)62BOMLR1043; ILR1961Bom318
..... certain gold in his possession and the gold weighing in all about 152 tolas, details as in the margin, was seized under section 178 of the sea customs act pending further inquiries into the legal origin of the gold as there was certain circumstance which made the officers suspicious that the gold was liable to confiscation'. the order then goes ..... therefore, it is difficult to accept mr. gupte's contention that the reasonable belief, which is contemplated by section 178a of the sea customs act, may either be the belief in the mind of the inquiry officer at the stage of the in-uiry, or in the mind of the seizing officers themselves even after the seizure took place. in ..... as a result of the inquiry before himself he had a reasonable belief that the gold was smuggled, the additional collector of customs, in our opinion,-had no power to make the order that he has passed,, confiscating the gold under section 167(8) of the act. we agree with the finding of the learned judge that the customs had .....
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