Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: recent Year: 1967 Page 66 of about 665 results (1.997 seconds)

Palaniswami Naicker Vs. Chinnaswami Naicker

Court : Chennai

Reported in : (1968)1MLJ502

..... is that when the members of the ancient family divided and partitioned their composite holdings a personal privilege only was granted to chinna venkatasami naicker. the learned subordinate judge rightly observed that this right given to chinna venkatasami naicker under exhibit a-3 cannot be deemed to be a personal privilege granted to him, but a ..... ii. nothing is an interruption within the meaning of this section unless there is an actual cessation of the enjoyment by reason of an obstruction, by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of ..... ownership, of the suit pathway and therefore he is not entitled to a declaration that he has secured an easement right under the provisions of the easements act, and such a legal inference drawn by the lower appellate court consequentially securing a legal right which was not asked for in the plaint cannot be envisaged and .....

Rajasthan Investment Corporation Vs. the Deputy Commercial Tax Officer

Court : Chennai

Reported in : [1968]21STC500(Mad)

..... since reported as k.j. lingam and ors. v. joint commercial tax officer, mount road distrion, madras and ors. [1967] 19 s.t.c. 349 where the learned judge has made the observation that a proceeding for composition fee under section 46 will give rise to a revision under section 33 and that the petitioner will have an alternative ..... assessment involving a determination by the authorities of the sales tax department, that the petitioner's transactions are sales and the petitioner is a dealer under the sales tax act. the reason is this. under section 46(1)(a) relating to the composition of offences the prescribed authority is required to give to the person who has ..... sales and that therefore the notice asking him to show cause why he should not be prosecuted under section 45(2)(a) of the madras general sales tax act is illegal and ultra vires, and it is therefore necessary that a writ of prohibition should issue restraining the respondent from proceeding further in pursuance of the abovesaid .....

State of Orissa Through the Land Acquisition Collector Vs. Amarandra P ...

Court : Orissa

Reported in : AIR1967Ori180

..... it in any proceeding before the collector or the court to appear and adduce evidence for the purpose of determining the amount of compensation. the scope of the inquiry envisaged in section 21 gives full opportunity to a consideration of me interest of the company who is affected by the objection relating to the quantum of compensation. ..... on whose behalf the acquisition is made by the state. it includes only the persons as defined in section 3(b). under section 21. the scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection. section 50(2) lays down that in any ..... award for 92.40 paise. on the objection of respondent-1, the collector made a reference to the district judge under section 18 of the land acquisition act for determination of compensation. the matter was ultimately heard by the learned subordinate judge. sambalpur, who valued the disputed land at rs. 3300/-. he also decreed a sum of rs 495/- .....

Amulya Patnaik Vs. State of Orissa (Represented by the Collector)

Court : Orissa

Reported in : AIR1967Ori116; 33(1967)CLT684; (1968)ILLJ64Ori

..... to take the case out of the category of cases where vicarious liability of the employer would arise. the learned subordinate judge rightly held that the state was vicariously liable to pay damages for the rash and negligent act of its driver. 6. the next question is what is the principle for determination of quantum of damages in a case ..... was so wide at the spot that two vehicles could easily pass each other there. the conclusion of the learned judge that the accident was due to rash and negligent driving is unassailable.5. thus the driver committed a tortious act in course of his employment by the state government. in air 1962 sc 933, state of rajasthan v. mst. ..... rash and negligent driving on the part of the driver and that the state was vicariously liable for the act of the driver in course of ms employment. on the further finding that the plaintiff was the widow of late padmacharan the learned judge decreed the suit for rs. 8400/- assessing the damages at the rate of rs. 25/- per .....

State Vs. D.S. Bhatnagar

Court : Delhi

Reported in : 3(1967)DLT299

..... court below. i have indeed been influenced by the fact that the learned magistrate did nto attach due importance to the directions issued by the learned sessions judge and also that he had acted in violation of the directions contained in paragraphs 6. chapter 1--a. punjab high court rules and orders, vol. iii, which provide for speedy ..... for granting bail. after holding that this w as nto a fit case in which the petitioner should be released on bail pending trial, the learned session's judge proceeded to make the following observations :--'the magistrate, in whose court the case is pending will of course see that no undue delay takes place. the petitioner mentioned ..... that after the disposal of the earlier bail application, no new developments had taken place which would justify the admission of the accused to bail. apparently the learned judge did nto attach to the delay the importance it deserved the fact that the accused belongs to a respectable family and that there is no danger of his .....

Joy Sankar Bhattacharjee Vs. Sushil Kumar Gupta and ors.

Court : Guwahati

..... is equally well settled that the presumption of innocence of the accused is further reinforced by his acquittal by the trial court and that the views of the trial judge as to the credibility of the witnesses must be given proper weight and consideration. it was also held that there must be substantial and compelling reasons for the ..... accounts before 1.9.1960, and filed the criminal case against the respondents on 7.11.1960, which was committed to the sessions.3. the learned assistant sessions judge framed charges against the 1st respondent under sections 408 and 477-a i.p.c. and framed charges against the other respondents under the same sections read with ..... confessional statement made on oath by an accused person before the assistant registrar of co-operative societies in an inquiry held by him in regard to certain forged cheques is not necessarily inadmissible under section 24 of the indian evidence act. in ram singh v. state air 1959 all 518 it was held that to distinguish between a .....

Time, Inc. Vs. Hill

Court : US Supreme Court

..... baseball pitcher, warren spahn. he sought an injunction and damages against the unauthorized publication of what purported to be a biography of his life. the trial judge had found that "the record unequivocally establishes page 385 u. s. 386 that the book publicizes areas of warren spahn's personal and private life, albeit ..... so that the article as published was a fictionalized version, this, in my judgment, was a knowing or reckless falsity. "alteration" or "change" denotes a positive act -- not a negligent or inadvertent happening. "fictionalization" and "fiction," to the ordinary mind, mean so departing from fact and reality as to be deliberately divorced from ..... same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed, and nothing contained in this act shall be so construed as to prevent any person, firm or corporation from using the name, portrait or picture of any manufacturer or dealer in connection .....

A.V. Ramachandra Naidu Vs. Hassina Bi and ors.

Court : Chennai

Reported in : (1968)1MLJ139

..... covenant to pay. a decision of the allahabad high court in bisnan datt singh v. mathur prasad : air1939all260 , is referred to as authority. the learned subordinate judge states that counsel for the plaintiff during the arguments represented that he was not pressing his client's case under the personal covenant, as the plaintiff's claim under ..... exhibit a-2 dated 21st december, 1942, the principal amount was payable on or before 21st december, 1945. the plaintiff who under article 132 of the limitation act, 1908 had 12 years to bring the suit for sale from when the mortgage money became due, relied upon the acknowledgment of the mortgages under the registered sale ..... simple and a usufructuary mortgage and the mortgagee was entitled to a decree for the mortgage money under clause (a) of section 68 of the transfer of property act. clearly under the terms of the mortgage now under consideration the covenant to pay is more pronounced. there is not even an option as in the aforesaid case .....

D.R. Nim, I.P.S. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1967SC1301; (1968)ILLJ264SC; [1967]2SCR325

..... governing the indian police service had been issued by the central government in exercise of the powers conferred by sub-section (1) of section 3 of the all indian services act (lxi of 1951). we are concerned particularly with the indian police service (regulation of seniority) rules, 1954, hereinafter referred to as the seniority rules. the seniority of the appellant has .....

The State of Madras, Represented by the Collector of Ramanathapuram Vs ...

Court : Chennai

Reported in : (1968)1MLJ312

..... my opinion, beyond this, no further liability was cast upon the state by reason of its undertaking the duties imposed upon it by the rent reduction act.the learned judge refers to the decision in rajah of bobbili v. state of madras (1952) 1 m.l.j. 174, where it has been observed that the government is, as it were, ..... a statutory agent of the landholder for collection, and proceedshe did not equate the position of the state under the rent reduction act to that of an agent under the ..... it is a religious institution and special provisions are made for religious institutions, the state being under an obligation to make good, the loss by enforcement of the rent reduction act. that question is not germane to the claim in the manner now put forward. to the extent the moneys have been collected they are accounted for duly as found in .....