Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: recent Year: 1967 Page 51 of about 665 results (0.127 seconds)

India Motor Parts and Accessories Ltd., Represented by Its Director T. ...

Court : Chennai

Reported in : (1968)1MLJ337

..... retrospective intention must automatically follow. he has only stated that a retrospective intention was likely. in fact, in the subsequent passages of the report the learned judge assumed the contrary position for the sake of argument, and proceeded to discuss the effect of the amendment therefore, it cannot be held in the present case ..... repayment of duty already paid by application to the authorities other than section 40. therefore, the authority to whom the application is made must necessarily act under section 40 and that section contains the important restriction that the claim for repayment should be made within three months from the date of payment. ..... three months of the date of the collection of excise duty, namely, 5th august, 1961, the application was barred under section 10 of the sea customs act. the petitioner appealed to the first respondent, collector of customs, who also dismissed the application, confirming the finding of the assistant collector. against there decisions, .....

Northern India Caterers Private Ltd. and anr. Vs. State of Punjab and ...

Court : Supreme Court of India

Reported in : AIR1967SC1581; (1967)69PLR781; [1967]3SCR399

..... 7 gives the collector the power 'to recover rent or damages in respect of public premises as arrears of land revenue. for the purpose of holding any inquiry under the act, the collector has the power of summoning witnesses and certain other powers vested in the civil court when trying a suit (s. 8. an appeal lies ..... .r. 353. (8) [1955] 1 s.c.r. 448 at 466. clusions of the investigation commission when acting both as investigators and judges, the taxation of income (investigation commission) act 1947, might have been sustained. even an act giving the executive an option of sending a case for trial by a special criminal court is not necessarily violative of art ..... provisions are similar to those of the public premises (eviction of unauthorized occupants) act, 1958, save that an appeal under the central act from an, order of the estate officer lies to the district judge. the high court found that the act does not offend arts. 14 and 19(1)(f) of the constitution. the appellant has now abandoned .....

Jamatraj Kewalji Govani Vs. the State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1968SC178; (1968)70BOMLR134; 1968CriLJ231; 1968MhLJ371(SC); [1967]3SCR415

..... to cross-examine any witness upon any answer given in reply to any such question : . . . . . . . .' 7. these two sections between them confer jurisdiction on the judge to act in aid of justice., 8. the presidency magistrate, esplanade, in dealing with the petition to call dutta passed an order on july 26, 1965 in which he remarked that there ..... obligation of the court provided the just decision of he case demands it. in other words, where the court exercises the powder under the second part, the inquiry cannot be whether the accused has brought anything suddenly or unexpectedly but whether court is right in thinking that the new evidence is needed by it for a ..... several others which have been appropriately described in the heading to the chapter as 'miscellaneous'. it provides : 's. 540 : any court may, at any stage of any inquiry, trial or other proceeding under this code, summon any person as a witness, or examine any person in attendance, though not summoned as a witnesses, or recall and .....

Gram Panchayat, Sawargaon Vs. Jamnaprasad Raghunath Prasad

Court : Mumbai

Reported in : (1967)69BOMLR801; (1968)ILLJ222Bom; 1968MhLJ71

..... government from time to time. he rejected the argument of the plaintiff that the act did not prohibit continuance of cattle-pounds other than those sanctioned by the district magistrate. the learned judge took the view that the provisions of the cattle trespass act, by necessary implication, did prohibit setting up of cattle-pounds of their continuance by ..... observed that under the cattle trespass act, the pounds are to be under the control of the district ..... illegal, but was perfectly legal under the provision of the cattle trespass act, 1871. the plaintiff also could not claim income from pounds after resumption of the same by the act of state and thus the suit in this respect also was not tenable. the district judge, who upheld the defence so far as this issue was concerned, .....

Hans Raj Vs. Rattan Chand, Etc.

Court : Supreme Court of India

Reported in : 1968MhLJ164(SC); [1967]3SCR365

..... condonation of delay but failed to ascertain with reference to the nature of i. a. no. 1900 of 1960. whether it fell under s. 4 of the provincial insolvency act. the learned judge found that the petitioner had not made any claim before the official receiver and even if she chose to make any such claim, the official receiver had no power ..... was a claim put forward by a stranger to the insolvency proceedings setting up his own independent title. and it fell within the scope of s. 4 provincial insolvency act.' 12. the learned judges distinguished the cases of bhairo prasad v. s. p. c. dass : air1919all274 and hussaini v. muhammad zamir abdi a.i.r. 1924 oudh 294, on the ground ..... any question of the nature referred in sub-section (1) but has reason to believe that the debtors has saleable interest in any property the court may without further inquiry sell such interest in such manner and subject to such conditions as it may think fit'. 4. section 5 lays down the general powers of court under the .....

Jai Gopal and Company Vs. the Assessing Authority

Court : Punjab and Haryana

Reported in : [1968]21STC492(P& H)

..... his arguments relating to the order disallowing exemptions being without jurisdiction as based on extraneous considerations and not justified by the provisions of section 5(2)(a)(ii) of the act and rule 26 of the rules framed thereunder. counsel has relied in this connection on my judgment in a. d. m. stores and anr. v. commissioner of sales ..... 19th february, 1964.2. by order dated 9th july, 1964, the assessing authority cancelled the registration certificate of the petitioner-firm under section 7(6)(a) of the act with effect from 11th march, 1964, on its own application. he disallowed a substantial part of the exemptions claimed by the petitioner-firm on various grounds, with which i ..... a notice to show cause as to why the registration certificate of the petitioner-firm should* not be cancelled under sub-section (4) of section 7 of the act. the account books were produced by the petitioner-firm but it did not file any return in the prescribed form for the period ending 31st march, 1964. a .....

Rajasthan State Electricity Board, Jaipur Vs. Mohan Lal and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1857; [1971(21)FLR59]; (1968)ILLJ257SC; [1967]3SCR377

..... directions. the board is also invested by statute with extensive powers of control over electricity undertakings. the power to make rules and regulations and to administer the act is in substance the sovereign power of the state delegated to the board. the board is, in my judgment, 'other authority' within the meaning of ..... , generation, supply and distribution of electricity and for that purpose to make, alter, amend and carry out schemes under ch. v of the electricity (supply) act, 1948, to engage in certain incidental undertakings; to organise and carry out power and hydraulic surveys; to conduct investigation for the improvement of the methods of transmission ..... appeal is electricity board of rajasthan jaipur (hereinafter referred to as 'the board') a body corporate constituted on 1st july 1957, under the electricity (supply) act, 1948 (no. 54 of 1948) before the constitution of the board the supply of electricity in the state of rajasthan was being controlled directly by a department .....

S. Sher Singh S/O S. Hukam Singh Vs. Raghu Pati Kapur and anr.

Court : Punjab and Haryana

Reported in : AIR1968P& H217; 1968CriLJ775

..... and that is the position taken by respondent 1 that his main and dominant object in the production of the anonymous letter in the court of the trial judge was to have an inquiry and not to interfere with the due course of justice. in paragraph 10 of his application of december 10. 1965, he refers to his having had ..... for nearly three to four weeks, thus, according to the respondents giving security to the petitioner (defendant) bv what has been described by them as a collusive act of the subordinate judge which enabled him (the petitioner) to file his first contempt petition in the high court on his own choosing of time and forum. the contempt of court imputed ..... , or for that matter not a high court for the union territory of chandigarh. in this respect reference has been made to section 89 of the punjab reorganisation act, 1966 (act 31 of 1966) which gives power to the state of punjab or haryana or to the union territory of chandigarh to make such adaptation and modifications of the law .....

Kalyanasundara Nadar and anr. Vs. Muthuraman

Court : Chennai

Reported in : (1969)1MLJ317

..... grants from the government, would be following rule 13 of rules relating to elementary schools whenever they take action against any member of the staff. the learned judge further points out that in the service registers of the members of the staff who joined service later, rule 13 framed by the government has been specifically ..... that, the award had the effect of specifically enforcing such contract of personal service, and that, therefore, it offended section 21 (b) of the specific relief act. before the, supreme court it was urged for the appellant that the declaration that the appellant continued in service under the university inspite of his dismissal by the ..... the contract. contracts are not always specifically enforceable. for instance in a case of employment between master and servant section 21 (b) of the specific relief act would make the remedy by way of specific performance of the contract unavailable. in such cases the remedy would be only damages. but where an employment is .....

Bhajan Singh Hardit Singh and Co., Delhi Vs. Karson Agency (India) and ...

Court : Supreme Court of India

..... from the end of july, 1951, and therefore, the suit was barred by time. (7) the learned subordinate judge held that according to section 46 of the sale of goods act read with section 54 of the same act, an unpaid seller has a lien on the goods for the price while he is in possession of them, and ..... respondent on 23-8-1951, and was thus barred by time. dealing with this contention, the learned judges observed that the aforesaid argument did not take sufficient account of section 24 of the indian limitation act. after extracting section 24, the learned judges proceeded to observe as follows:- 'a breach in the abstract would not be sufficient, in our opinion, ..... no reference was made either by the parties or the learned subordinate judge to any particular article in the limitation act as being applicable to the case. they appear to have assumed that the period of limitation was 3 years, presumably under article 115 of the limitation act, and the controversy was only as to the date on which the .....