Court : Rajasthan
Decided on : Dec-08-1967
Reported in : AIR1968Raj214; [1969]39CompCas670(Raj)
..... construction of such a statement unless it is shown that it was made clearly without intending to admit the existence of such relationship. with all respect to the learned judges who decided kashinath shankarappa's case. air 1951 nag 255. i do not therefore find it possible to follow the view expressed in it. besides, that case ..... counsel has placed reliance on kashinath shankarappa v. new akot cotton ginning and pressing co. ltd.. air 1951 nag 255.7. what section 19 of the limitation act, 1908 requires is that where before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability ..... thoroughly acquainted with the affairs of the company, and technical hurdles as to procedure are not viewed with favour and have to be overcome the liquidator has to act fairly and honourably in considering the claims of persons against the company. this is why supervisory jurisdiction has been vested in the court under section 460 of .....
Tag this Judgment!Court : Orissa
Decided on : Dec-08-1967
Reported in : AIR1968Ori167; 1968CriLJ1190
..... ramdas accordingly pinpointed his argument and contended that the evidence of p.ws. 6 and 9 should not have been discarded. he, however, conceded that the learned sessions judge did not use the f.i.r. for contradicting the evidence of these two witnesses. thus the contention that the inadmissible evidence was admitted has no application to the ..... the way, they were assaulted by the members of the party of p. w 3. other accused took a plea of complete denial.3. the learned sessions judge after a thorough examination of the relevant evidence came to hold that the prosecution witnesses were interested and untrustworthy and that the prosecution was guilty of suppression of material ..... the basis of the materials on record. the fact that the learned sessions judge utilised the f.i.r. in disbelieving some of the witnesses other than p. ws. 6 and 9 does not affect his ultimate conclusion. section 167 of the evidence act lays down:'the improper admission or rejection of evidence shall not be ground of .....
Tag this Judgment!Court : Delhi
Decided on : Dec-08-1967
Reported in : 4(1968)DLT338
..... court observed as follows: - 'if there is one principle of cardinal importance in the administration of justice, it is this: the proper freedom and independance of judges and magistrates must be maintained and they must be allowed to perform their functions freely and fearlessly and without undue interference by any body, even by this court. ..... cabin for making water, and the alleged phtoographs of thumb marks on the discovered packet of currency ntoes were completely ignored at the evidence stage. these i acts appear to have been mentioned in the challan simply to show a prima facie case against the accused. a proper investigation of the case, must, in my ..... on the grounds that they were wholly uncalled for, unjustified, unwarranted and irrelevant to the point in issue,that the said observations or remarks relate to some act, conduct and statements of the petitioners, that they were never brought to the knowledge of the petitioners and no opportunity was given to them to furnish their .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-1967
Reported in : AIR1968SC883; [1968]38CompCas348(SC); [1968]68ITR630(SC); [1968]2SCR539
..... . on a similar line of reasoning the consideration of losses in the earlier years should be made in the setting and context of the inquiry whether the company could be regarded as acting reasonably in declaring a smaller dividend. it is true that as a result of the losses having been adjusted against the paid-up capital they ..... adjusts losses against the paid-up capital and reconstructs its capital, the financial position of the company and its dividend distributing capacity in subsequent years have to be judged only by the result of its trading after reconstruction and not with reference to earlier losses which have disappeared by adjustment. in our opinion, there is no ..... was only rs. 24,750/-. the income-tax officer with the previous approval of the inspecting assistant commissioner, therefore, applied the provisions of s. 23a of the act to the respondent-company and held that the company should be deemed to have declared a dividend of rs. 3,95,798/-. the respondent-company appealed to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1967
Reported in : AIR1968SC881; 1968(16)BLJR606; 1968CriLJ1025; [1968]2SCR522
..... through s. 326, namely, causing grievous injury by burning to the two major offences, namely, culpable homicide not amounting to murder and even murder itself. the sessions judge chose the lowest end of the spectrum which is surprising enough, because the burns were so extensive that they were certainly grievous by all account. the high court placed ..... ram prasad falls within culpable homicide not amounting to murder or the higher offence of murder itself. here we see that death has actually been caused by the criminal act; in other words, there has been homicide and since it is not accidental or suicidal death, responsibility for the homicide, in the absence of any exceptions or ..... code. in other words, his offence was culpable homicide amounting to murder even if he did not intend causing the death of mst. rajji. he committed an act so imminently dangerous that it was in all probability likely to cause death or to result in an injury that was likely to cause death. we are accordingly of .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-04-1967
Reported in : 1968CriLJ1342
..... on a private complainant's offering to withdraw from the prosecution.in another case. state v. kamalakar prabhakar juvekar air 1960 bom 269, the hon'ble judges observed:the offences under sections 279 and 337. indian penal code, are, however, offences of different nature and the conduct referred to therein is penalized with different ..... the court permits the aggrieved party to accept private satisfaction for the injury caused to him, but thereby the court is not seeking to permit composition of an act, which is dangerous to the public. the composition of the offence under section 337, indian penal code, sanctioned by the learned magistrate therefore did not result in ..... 323, indian penal code reads:whoever...voluntarily causes hurt....'voluntarily causing hurt' has been defined under section 321, indian penal code. it reads:whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that be is likely thereby to cause hurt to any person, and does thereby .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1967
Reported in : AIR1969Bom13; (1968)70BOMLR212; ILR1968Bom998; 1968MhLJ468
..... termed sovereign undertakings which might be carried on by private individuals without having such powers delegated to them.' in the latter part of the judgment the learned judge said: 'but where an act is done, or a contract is entered into, in the exercise of powers usually called sovereign powers, by which we mean powers which cannot lawfully ..... of rash and negligent driving by an employee in that department will not sustain a suit for damages against the sovereign. when this decision was given by the learned judge, it was generally assumed, on a certain interpretation of the judgment in (1868) 5 bom cr.1 that the functions of the government can be classified into ..... vehicle by one swami who was a motor driver employed in the military department. on a plea in the nature of demurrer raised by the defendants, the learned judge dealt with the preliminary issue whether, on the allegations contained in the plaint, any cause of action was made out against the dominion of india. no evidence was .....
Tag this Judgment!Court : Kerala
Decided on : Dec-01-1967
Reported in : AIR1968Ker315
..... first defendant also denied the plaintiff's claim for all items of damages, and further contended that the suit was barred by limitation.3. the learned subordinate judge practically upheld all the contentions of the plaintiff. he held that the second defendant was an employee of the first defendant, that the accident took place due ..... context in which these two articles appear, the expression 'any other injury to the person obviously means any injury to the person other than death caused 'by wrongful act, neglect or default'. 'injury' according to black's law dictionary means 'any wrong or damage done to another -- to his person, rights, reputation or property'. ..... of the schedule against article 22, which reads:--'when the injury is committed'. it is stated in stroud's judicial dictionary that 'committed' will sometimes include an act or omission. chambers's twentieth century dictionary gives the meaning 'to become guilty of, perpetrate' for the word 'commit'. we do not find any warranty for .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-29-1967
Reported in : AIR1969All269
..... consisting of verma and rajeshwari prasad, jj. they found that the decisions of this court on the question were conflicting. they pointed out that several single judges of this court had answered this question in the affirmative while it had been answered in the negative in two division bench decisions of this court (civil ..... standing to b to maintain the writ petition. it was further observed: '......the learned single judge rightly overruled the preliminary objection and held that the writ petition was maintainable. we have seen that the state transport appellate tribunal acted without jurisdiction in granting a permit in hearn's favour. faced with this illegal grant of ..... permit in favour of hearn, bundu khan and masa ullah khan could properly come to this court with the request that the illegal grant should be quashed. that is what the learned single judge has done.' .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-29-1967
Reported in : 1968CriLJ1302
..... the accused had given some counter version of the incident and on that account he had not shown their arrest till 12 at noon on 12th january, 1967. the trial judge accepted the prosecution version and declined to give any weight to the accused-appellants' plea that bachan singh, along with his brother and other bad characters came to their tube ..... of criminal procedure some four years' back. the parties came to terms and with it the proceedings ended. about 4 days before the occurrence a case under the punjab excise act was registered against bachan singh p.w. by the police. he thought that mohan lal accused-appellant and his brother ishar singh were responsible for it, in order to collect .....
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