Court : Kolkata
Decided on : Nov-28-1967
Reported in : 1970CriLJ529
..... john brown reported in 1960 a.c. 432, at p. 442 of the said report, certain passages in the summing up of mr. justice abbot, the trial judge, have been given as follows: 'gentlemen, throughout the centuries of civilisation crimes have repeatedly been committed without any apparent or discoverable motive. theft is one of the ..... circumstances. under section 105 of the evidence act, read with the definition of 'shall presume' in section 4 thereof, the court shall regard the absence of such circumstances as proved unless, after considering the ..... beyond reasonable doubt that the accused caused death with the requisite intention described in section 299, of the penal code. but under section 105 of the evidence act the burden of proving the existence of circumstances bringing the case within the exception lies on the accused; and the court shall presume the absence of such .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-28-1967
Reported in : [1966]36CompCas31(P& H)
..... neglected to pay the amount claimed in the notice, within the meaning of clause (a) of sub-section (1) of section 434 of the act. not satisfied with the judgment of the learned single judge, theiappellant-company has come up in appeal.7. mr. bhagirath dass, the learned counsel for the appellant-company, has fairly and frankly conceded that ..... this is not a case where winding up can possibly be ordered under section 433(1) read with section 434(1)(a) of the act. moreover, the learned single judge having exercised his discretion in refusing to pass a winding-up order under section 433(c) which provision confers a discretionary jurisdiction, we cannot interfere with that ..... contained in the balance-sheet of a company amounted to an acknowledgment within the meaning of section 19 of the limitation act, 1963, or not. even at the hearing of the winding up petition before the learned single judge the respondent-company did not deny its liability to pay the amount shown to be due from it to the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1967
Reported in : (1970)1MLJ300
..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-21-1967
Reported in : AIR1968Bom443; (1968)70BOMLR219; 1968MhLJ510
..... raja shankar who had signed the acknowledgment, was either a partner or a manager of the business in charge of it at the time of service, he must make inquiries and make a further affidavit before i hold the service to be sufficient. no such affidavit has, however, been made. in fact, neither of the parties is able ..... notice filing of award, he could have dismissed the petition as premature in which case the petitioners could have waived or accepted service and repeated their petition. the learned judge, however, decided the petition not on the actual position as to whether there was or was not a good service, but on the assumption of correctness of the ..... me mr. jhunjhunwala for the respondents that the provisions of order 30, rules 3 and 5, are not applicable to notices under section 14(2) of the arbitration act. there is, however, no substance in this argument in view of the fact that section 141 of the code of civil procedure makes the provisions of civil procedure code applicable to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1967
Reported in : AIR1968SC707; 1968(16)BLJR734; 1968CriLJ665; 1968MhLJ520(SC); [1968]2SCR287
..... proper appraisal of the evidence which he found to be unsatisfactory. looking to all the circumstances that have been brought to our notice, we are satisfied that the sessions judge acted within his rights in deciding the case which to us appears also to be somewhat doubtful in many respects and the high court was therefore in error in taking upon ..... admitted before us that all the cases had in fact ended in favour of the appellant's sister. 4. the occurrence is stated to have taken place when an inquiry into a case under s. 107 of the code of criminal procedure was taking place. a notice had been issued to kuldip singh's party to show cause why ..... appellant as the assailant, describing the weapon of attack as a revolver. kuldip died and the case was started against the appellant as stated already. 6. the learned sessions judge on an appraisal of the evidence found it unsatisfactory. he began by stating that the medical evidence as also the evidence of the ballistic expert (p.w. 17) clearly .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-15-1967
Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766
..... from disputing that the particular temple was the subject of a public religious trust. it was held by their lordships that the decision of the district judge under the charitable and religious trusts act - a decision from which under section 12 there is no appeal - was a decision in a summary proceeding, that it was not made final ..... , for it is then alone, and not otherwise, that principles analogous to res judicata would apply. as i have stated above, the simple issue in the summary inquiry under chapter vii as it existed at the material time was whether the tenancy was determined or the licence was withdrawn and if the applicant established that bare fact, ..... which were on the statute book at the material time show that a proceeding under chapter vii is in the legislature itself contemplated that an nature of a summary inquiry and order under section 43 would be subject to a decree passed in a regular suit. the second paragraph of section 47 expressly provided that the decree in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-14-1967
Reported in : AIR1968SC867; 1968CriLJ1023; [1968]2SCR246
..... in the ordinary course of nature. this part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender.' 12. the learned judge further explained the third ingredient at p. 1503 in the following words : 'the question is not whether the prisoner intended to inflict a seriou sinjury or a trivial one but ..... was limited to the question whether the case comes under s. 302 of the indian penal code. the case of the prosecution which has been accepted by the learned sessions judge and the high court was, in brief, as follows : on january 31, 1962, at about 2.30 p.m., a fight took place between dalip kumar, p.w. 12, ..... it was the intention of the appellant to inflict this particular injury on this particular place. it is, therefore, not possible to apply clause 3 of s. 300 to the act of the accused. 15. nevertheless, the deceased was in a crouching position when the appellant struck him with the knife. though the knife was 5' to 6' in length including .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-13-1967
Reported in : AIR1969P& H4
..... called the act ) and the orders passed by the settlement commissioner on 4th of november, 1963 had consequently become ineffective and inoperative, the powers of this authority, as a delegate of the central government having ceased to exist. the second ground on which the petition has been dismissed by learned judge is that the appellant failed to ..... as the stipulated price of this property has been paid by the punjab government in six half-yearly instalments as contemplated in the agreement.5. the learned single judge having taken the view that the package deal divested the central government and its officers of any authority over lands which had been transferred to the punjab state ..... judgment of d.k. mahajan j. of 2nd march, 1964, in civil writ no. 918 of 1962 (punj). no definite conclusion was reached by; the learned judge on this aspect of the case and it was said that the state government having denied that the property had ceased to vest in the central government the question for .....
Tag this Judgment!Court : Chennai
Decided on : Nov-10-1967
Reported in : AIR1968Mad366; (1968)2MLJ220
..... remote to fasten any liability on the defendants'. this conclusion would appear to be unwarranted. but the new trial bench had some justification for pointing out that the learned trial judge relied on ex. p-1, a true copy of the fire report recorded by the madras fire service, which piece of evidence had not been properly proved.(3) ..... , and he approbates the dictum that 'a man shall answer to his neighbour for each person who enters his house at his leave or knowledge.......if he does any act................whereby his neighbour's house is burnt'.(4) in other words, there is a liability on the part of a proprietor of property,, for damage caused to the property ..... , or guest'.(5) with regard to the conclusion of the new trial bench that the negligence is too remote i am indeed unable to gather what precisely the learned judges implied by this. the properties are adjacent, the thatched shed was built at some height over the parapet wall on open terrace, which might thus amount to a private .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-09-1967
Reported in : AIR1968P& H277
..... or has been' either a high court or a district judge 'or is qualified for appointment as a judge of the high court' it is emphasised that section 110-b of the act empowers the claims tribunal, after giving the parties an opportunity of being heard, 'to hold an inquiry into the claim' and to 'make an award determining the ..... of arbitration imparted to the tribunal by the repeated use of the word 'award'. by way of analogy mr. goswami submits that the land acquisition act likewise invests the district judges who give awards of compensation after a full investigation of the matter pressed before them by the claimants and the collector. the adjudication done by the ..... same description mt goswami has pressed before us that the award given by the tribunal is hardly distinguishable from an award of a district judge given on a reference under the land acquisition act and the right of appeal to the high court in both cases conferred by the respective statutes is almost identical. the basic decision .....
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