Array ( [0] => ..... the attempt to murder and of murder the accused other than the appellants were charged with constructive liability by reason of section 149, indian penal code. the learned sessions judge, however, found that there was no unlawful assembly, and that, except for the first three accused who are the appellants here, the charges were rot proved as against ..... section 34 requires evidence of a particular common intention. in certain cases where section 149 is employed, it may well be that the common intention to commit a particular act in the course of the incident may not be established. but before section 34 can be used, such a common intention must necessarily be made out. that the ..... , in so far as the conviction is under section 34, we have to discover what the common intention was, for, if it should so happen that the act by one of the accused has exceeded that common intention or has been different from that common intention the other accused cannot possibly be made liable under section 34 ..... [1] => ..... s. 161, indian penal code. under these circumstances, this explanation of the accused was rejected and the presumption under s. 4(1) of the act was relied upon by the learned trial judge for deciding the case against the accused. 10. at the hearing of the appeal, sri trivedi, on behalf of the appellant, mainly argued the ..... . the resolution was passed on 30 november, 1963, but the notice appears to have been dated 29 november, 1968. on 12 november, 1963, ratanji had filed regular civil suit no. 140 of 1968, in the court of the civil judge, jr. division, mangrol, challenging the sale transaction by the vendors in favour of hamir lala and natha kala. ..... an application for contempt of court alleged to have been constituted by breach of that injunction. on 24 january, 1964, the present accused gave evidence before the civil judge, jr. division, mangrol, supporting ratanji's version is those contempt proceedings. as to what was the exact state of repairs to the building in question, a panchnama ..... [2] => ..... of manufacturing cast-iron sleepers for railways. by an order dated august 25, 1959, the government of west bengal made a reference under section 10 of the industrial disputes act, 1947 of what was described as an industrial dispute between 'messrs national iron & steel co. ltd., and their allied concerns, viz., tatanagar foundry co. ltd., britannia ..... an award of the third industrial tribunal, west bengal dated september 14, 1963. the appellants are four public limited companies all separately registered under the indian companies act and all carrying on business in the same premises at belur in the district of howrah, the respondents being two unions, viz., nisco karmachari sangha, belur ..... ordinarily the payment is made each year to those who retire. to judge whether the financial position would bear the strain the average number of retirements per year must be found out. this is one part of the inquiry. the next part of the inquiry is to see whether the employer can be expected to bear the ..... [3] => ..... . v. macdonald i.l.r. 36 cal. 354, as instances where such a negative covenant was enforced, the learned judges observed that illustrations (c) and (d) to section 57 of the specific relief act in terms recognised such contracts and the existence of negative covenants therein and that therefore the contention that the existence of such ..... as a shift supervisor in rajasthan rayon, kotah or any other company or firm or individual in any part of india for the term ending 15th march, 1968. (2) the defendant is further restrained during the said period and, thereafter, from divulging any of the secrets, processes or information relating to the manufacture ..... injunction restraining the appellant from serving in any capacity whatsoever or being associated with any person, firm or company including the said rajasthan rayon till march 15, 1968. the company also claimed rs. 2410/- as damages being the salary for six months under clause 17 of the said agreement and a perpetual injunction restraining ..... [4] => ..... by the court of session and that an accused person has been improperly discharged by the inferior court, the sessions judge or district magistrate may cause him to be arrested, any may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been, in the opinion of ..... offence and, having done so, may proceed as regards the minor offence or offences under chapter xxi or other appropriate chapter. in fact, a magistrate cannot proceed to act under the latter part of sub-section (1) of section 209 until he has 'discharged' the accused under the former part of the sub-section. this is the ..... appellant because section 403(4) provides that a person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the court by which he was first tried was not competent to ..... [5] => ..... drawn to the several decisions referred to earlier and in particular to the observations of the privy council about the significant language of s. 35 of the stamp act. the attention of the learned judge was also not drawn to the fact that in the latter decision in achutaramana v. jagannadham, 64 mad lj 79 = (air 1933 mad 117), the earlier ..... the decision in 63 mad lj 303 = (air 1932 mad 693) did not consider the true effect of the language of s. 35 of the stamp act. the attention of the learned judge was also drawn attention of the learned judge was also drawn to the leading decision in (1894) ilr 18 bom 369. the significant difference in the language of the stamp ..... 79 = (air 1933 mad 117) in which it was held that despite an admission in the pleading under section 58 of the indian evidence act, the bar under section 35 would apply. the attention of the learned judge was drawn to the decision in alimane sahiba v. subbarayudu, 63 mad lj 303 = (air 1932 mad 693), in which a contrary view ..... [6] => ..... alone. moreover, there is another circumstance which lands support to this view which is that in case the high court after inquiry into the conduct of a district judge or a judge subordinate to him comes to the conclusion that penalty of dismissal, removal or reduction in rank is not called for, it ..... have committed certain irregularities which amounted to corruption within the meaning of the act.26. the question is, in the circumstances of the instant case, who was the authority competent to conduct the inquiry against him. the petitioner is a district judge and ho was temporarily officiating as custodian. any lapse on his part ..... judges subordinate to them. the some view has been reiterated by the supreme court in the case of state of assam v. ranga muhammad and ors. 1968 -i. l.l.j.282.22. the learned advocate-general relying on section 126 of the constitution of jammu and kashmir argued that the governor being the dismissing authority is alone competent to conduit disciplinary inquiry ..... [7] => ..... were different. we have carefully gone through these two sections, and also through other relevant sections of the central provinces and berar industrial disputes settlement act, 1947, but we cannot accept the submission of sri mor that the provisions are either inconsistent or 'in irreconcilable conflict.' it would be seen ..... assistant commissioner of labour overruled these objections and held that the application by the respondent under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, was maintainable. the correctness and legality of that order are the subject-matter of challenge in the petition. 4. sri mor, advocate for ..... respondent 1 did not accept that his work was unsatisfactory and filed his application under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, for reinstatement and backwages before the labour commissioner on 6 august, 1965. 3. the petitioner filed its preliminary objections to the maintainability of ..... [8] => ..... convenience, different areas in the city of ahmedabad have been allotted to different city magistrates, would not come in the way of making or having an inquiry or investigation made by any police officer under section 202 of the criminal procedure code. so far even the learned magistrate does not appear to feel any difficulty, ..... the complainant in respect of the non-cognizable offences punishable under sections 78 and 79 of the act and before issuing process he would be justified if he thought proper to direct any police officer for making an inquiry or investigation and that would be for the purpose of ascertaining the truth or falsehood of the ..... under sections 78(b) and 79 of the trade & merchandise marks act, 1958, hereafter to be referred to as 'the act. towards the end of the complaint, he has requested the learned magistrate to directthe inspector of police, crime branch, ahmedabad, to make inquiries and find out the persons dealing and manufacturing such counterfeit goods so ..... [9] => ..... trial with respect to each distinct offence. the object evidently is that the attention of the trial court should be directed to the evidence relating to the charge under inquiry and irrelevant matter should be excluded. this object is not achieved by adopting such procedure but defeated by placing on the record mere copies of the statements of ..... run concurrently. 2. it is needless to state the prosecution case as both the appeals can be disposed, of on the question of illegality committed by the trial judge in recording the evidence of the witnesses. it is urged by the learned counsel for the appellant that five prosecution witnesses were examined in case no. 9 but their ..... khan v. emperor, air 1928 lah 34, a person was tried separately for two offences namely, section 307, i.p.c. and section 20 of the indian arms act. the witnesses in the two cases were more or less the same. the trying magistrate recorded the evidence of the witnesses in one case and the copies thereof were taken ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Sortby Recent - Year 1967 - Page 65 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: recent Year: 1967 Page 65 of about 665 results (0.261 seconds)

Jan 18 1967 (HC)

Kuttisamy thevar and ors.

Court : Chennai

Decided on : Jan-18-1967

Reported in : (1967)2MLJ503

..... the attempt to murder and of murder the accused other than the appellants were charged with constructive liability by reason of section 149, indian penal code. the learned sessions judge, however, found that there was no unlawful assembly, and that, except for the first three accused who are the appellants here, the charges were rot proved as against ..... section 34 requires evidence of a particular common intention. in certain cases where section 149 is employed, it may well be that the common intention to commit a particular act in the course of the incident may not be established. but before section 34 can be used, such a common intention must necessarily be made out. that the ..... , in so far as the conviction is under section 34, we have to discover what the common intention was, for, if it should so happen that the act by one of the accused has exceeded that common intention or has been different from that common intention the other accused cannot possibly be made liable under section 34 .....

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Jan 17 1967 (HC)

Hati Devdan Sarman Vs. State of Gujarat

Court : Gujarat

Decided on : Jan-17-1967

Reported in : (1967)0GLR494; (1968)IILLJ638Guj

..... s. 161, indian penal code. under these circumstances, this explanation of the accused was rejected and the presumption under s. 4(1) of the act was relied upon by the learned trial judge for deciding the case against the accused. 10. at the hearing of the appeal, sri trivedi, on behalf of the appellant, mainly argued the ..... . the resolution was passed on 30 november, 1963, but the notice appears to have been dated 29 november, 1968. on 12 november, 1963, ratanji had filed regular civil suit no. 140 of 1968, in the court of the civil judge, jr. division, mangrol, challenging the sale transaction by the vendors in favour of hamir lala and natha kala. ..... an application for contempt of court alleged to have been constituted by breach of that injunction. on 24 january, 1964, the present accused gave evidence before the civil judge, jr. division, mangrol, supporting ratanji's version is those contempt proceedings. as to what was the exact state of repairs to the building in question, a panchnama .....

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Jan 17 1967 (SC)

National Iron and Steel Co. Ltd. and ors. Vs. the State of West Bengal ...

Court : Supreme Court of India

Decided on : Jan-17-1967

Reported in : [1967(14)FLR356]; (1967)IILLJ23SC; [1967]2SCR391

..... of manufacturing cast-iron sleepers for railways. by an order dated august 25, 1959, the government of west bengal made a reference under section 10 of the industrial disputes act, 1947 of what was described as an industrial dispute between 'messrs national iron & steel co. ltd., and their allied concerns, viz., tatanagar foundry co. ltd., britannia ..... an award of the third industrial tribunal, west bengal dated september 14, 1963. the appellants are four public limited companies all separately registered under the indian companies act and all carrying on business in the same premises at belur in the district of howrah, the respondents being two unions, viz., nisco karmachari sangha, belur ..... ordinarily the payment is made each year to those who retire. to judge whether the financial position would bear the strain the average number of retirements per year must be found out. this is one part of the inquiry. the next part of the inquiry is to see whether the employer can be expected to bear the .....

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Jan 17 1967 (SC)

Niranjan Shankar Golikari Vs. the Century Spinning and Mfg. Co. Ltd.

Court : Supreme Court of India

Decided on : Jan-17-1967

Reported in : AIR1967SC1098; (1967)69BOMLR535; [1967(14)FLR337]; (1967)ILLJ740SC; 1967MhLJ606(SC); [1967]2SCR378

..... . v. macdonald i.l.r. 36 cal. 354, as instances where such a negative covenant was enforced, the learned judges observed that illustrations (c) and (d) to section 57 of the specific relief act in terms recognised such contracts and the existence of negative covenants therein and that therefore the contention that the existence of such ..... as a shift supervisor in rajasthan rayon, kotah or any other company or firm or individual in any part of india for the term ending 15th march, 1968. (2) the defendant is further restrained during the said period and, thereafter, from divulging any of the secrets, processes or information relating to the manufacture ..... injunction restraining the appellant from serving in any capacity whatsoever or being associated with any person, firm or company including the said rajasthan rayon till march 15, 1968. the company also claimed rs. 2410/- as damages being the salary for six months under clause 17 of the said agreement and a perpetual injunction restraining .....

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Jan 17 1967 (SC)

Ramekbal Tiwary Vs. Madan Mohan Tiwary and anr.

Court : Supreme Court of India

Decided on : Jan-17-1967

Reported in : AIR1967SC1156; 1967(0)BLJR646; 1967CriLJ1076; [1967]2SCR368

..... by the court of session and that an accused person has been improperly discharged by the inferior court, the sessions judge or district magistrate may cause him to be arrested, any may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been, in the opinion of ..... offence and, having done so, may proceed as regards the minor offence or offences under chapter xxi or other appropriate chapter. in fact, a magistrate cannot proceed to act under the latter part of sub-section (1) of section 209 until he has 'discharged' the accused under the former part of the sub-section. this is the ..... appellant because section 403(4) provides that a person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the court by which he was first tried was not competent to .....

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Jan 16 1967 (HC)

Yasodammal and anr. Vs. Janaki Ammal

Court : Chennai

Decided on : Jan-16-1967

Reported in : AIR1968Mad294; (1968)1MLJ249

..... drawn to the several decisions referred to earlier and in particular to the observations of the privy council about the significant language of s. 35 of the stamp act. the attention of the learned judge was also not drawn to the fact that in the latter decision in achutaramana v. jagannadham, 64 mad lj 79 = (air 1933 mad 117), the earlier ..... the decision in 63 mad lj 303 = (air 1932 mad 693) did not consider the true effect of the language of s. 35 of the stamp act. the attention of the learned judge was also drawn attention of the learned judge was also drawn to the leading decision in (1894) ilr 18 bom 369. the significant difference in the language of the stamp ..... 79 = (air 1933 mad 117) in which it was held that despite an admission in the pleading under section 58 of the indian evidence act, the bar under section 35 would apply. the attention of the learned judge was drawn to the decision in alimane sahiba v. subbarayudu, 63 mad lj 303 = (air 1932 mad 693), in which a contrary view .....

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Jan 14 1967 (HC)

Kotwal (T.C.) Vs. State of Jammu and Kashmir and anr.

Court : Jammu and Kashmir

Decided on : Jan-14-1967

Reported in : (1968)IILLJ780J& K

..... alone. moreover, there is another circumstance which lands support to this view which is that in case the high court after inquiry into the conduct of a district judge or a judge subordinate to him comes to the conclusion that penalty of dismissal, removal or reduction in rank is not called for, it ..... have committed certain irregularities which amounted to corruption within the meaning of the act.26. the question is, in the circumstances of the instant case, who was the authority competent to conduct the inquiry against him. the petitioner is a district judge and ho was temporarily officiating as custodian. any lapse on his part ..... judges subordinate to them. the some view has been reiterated by the supreme court in the case of state of assam v. ranga muhammad and ors. 1968 -i. l.l.j.282.22. the learned advocate-general relying on section 126 of the constitution of jammu and kashmir argued that the governor being the dismissing authority is alone competent to conduit disciplinary inquiry .....

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Jan 12 1967 (HC)

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Decided on : Jan-12-1967

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... were different. we have carefully gone through these two sections, and also through other relevant sections of the central provinces and berar industrial disputes settlement act, 1947, but we cannot accept the submission of sri mor that the provisions are either inconsistent or 'in irreconcilable conflict.' it would be seen ..... assistant commissioner of labour overruled these objections and held that the application by the respondent under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, was maintainable. the correctness and legality of that order are the subject-matter of challenge in the petition. 4. sri mor, advocate for ..... respondent 1 did not accept that his work was unsatisfactory and filed his application under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, for reinstatement and backwages before the labour commissioner on 6 august, 1965. 3. the petitioner filed its preliminary objections to the maintainability of .....

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Jan 12 1967 (HC)

Sevantilal S. Shah Vs. State of Gujarat

Court : Gujarat

Decided on : Jan-12-1967

Reported in : AIR1969Guj14; 1969CriLJ63; (1968)GLR925

..... convenience, different areas in the city of ahmedabad have been allotted to different city magistrates, would not come in the way of making or having an inquiry or investigation made by any police officer under section 202 of the criminal procedure code. so far even the learned magistrate does not appear to feel any difficulty, ..... the complainant in respect of the non-cognizable offences punishable under sections 78 and 79 of the act and before issuing process he would be justified if he thought proper to direct any police officer for making an inquiry or investigation and that would be for the purpose of ascertaining the truth or falsehood of the ..... under sections 78(b) and 79 of the trade & merchandise marks act, 1958, hereafter to be referred to as 'the act. towards the end of the complaint, he has requested the learned magistrate to directthe inspector of police, crime branch, ahmedabad, to make inquiries and find out the persons dealing and manufacturing such counterfeit goods so .....

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Jan 12 1967 (HC)

Sukanraj Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-12-1967

Reported in : AIR1967Raj267; 1967CriLJ1702

..... trial with respect to each distinct offence. the object evidently is that the attention of the trial court should be directed to the evidence relating to the charge under inquiry and irrelevant matter should be excluded. this object is not achieved by adopting such procedure but defeated by placing on the record mere copies of the statements of ..... run concurrently. 2. it is needless to state the prosecution case as both the appeals can be disposed, of on the question of illegality committed by the trial judge in recording the evidence of the witnesses. it is urged by the learned counsel for the appellant that five prosecution witnesses were examined in case no. 9 but their ..... khan v. emperor, air 1928 lah 34, a person was tried separately for two offences namely, section 307, i.p.c. and section 20 of the indian arms act. the witnesses in the two cases were more or less the same. the trying magistrate recorded the evidence of the witnesses in one case and the copies thereof were taken .....

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