Court : Delhi
Decided on : Aug-29-1967
Reported in : AIR1969Delhi220
..... be said that the appellant was entitled to be furnished with a copy of the report of the board of inquiry, the learned. judges made certain observations with regard to army instructions no, 212 of 1949. the learned judges pointed out that the only basis of the army instructions was a resolution of the government of india in ..... law or an executive decision could nto be stated by anyone.after surveying the position of the defense services under the different government of india acts and the constitution of india, the learned judges held that army instructions no. 212 of 1949 could nto be taken to be a 'law' within the meaning of article 372(1) ..... state transport appellate tribunal, madras air 1959 sc 896, with reference to the directions issued by the government of madras under section 43-a of the motor vehicles act. thus, a simple dichotomy between directions and instructions issued pursuant to statutory powers alone conferring rights on parties, capable of being enforced in a court of law and .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-25-1967
Reported in : AIR1968Cal545,72CWN679
..... of this land in respect of mattets which the competent authority is empowered by 01 under the act to determine and the decision of the competent authority if affirmed by the district judge as an appellate authority, is made final by the statute under section 10(6) of the ..... the statute in such a way as to be consistent with the requirements of the constitution because the legislature can never be presumed to act in contravention of the constitution. the material provision is in subsection (i) of section 10 which says:'where in the exercise of ..... filed by lodna colliery cannot be entertained.'3. it is clear that the competent authority rejected the claim on the assumption that the act contemplated payment of compensation only for damage to the surface and not for any loss caused to underground rights, whether relating to coal mining ..... judgment is changed from the first week of november, 1967 to the first week of february 1968 and the judgment be amended accordingly as agreed to by the parties. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-24-1967
Reported in : AIR1968SC240; [1968(16)FLR432]; 1968LabIC216; (1968)IILLJ125SC; 1968MhLJ48(SC); [1968]1SCR355
..... dated december 5, 1960 the government held that the charges against the appellant were not proved beyond reasonable doubt. it also held that the suspension and the departmental inquiry 'were not wholly unjustified'. the order then directed that the appellant should be reinstated in service with effect from the date of the order and retired from that date ..... that was set aside in appeal on the ground that no proper sanction for prosecution was obtained. he was again prosecuted on the same charge but the special judge trying him quashed the charge sheet on the ground that the investigation had not been carried out by the proper authorities. in revision the high court of nagpur ..... in pecuniary loss to the government servant must be held to be an objective rather than a subjective function. the very nature of the function implies the duty to act judicial. in such a case if an opportunity to show cause against the action, proposed is not afforded, as admittedly it was not done in the present case .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-23-1967
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... is not applicable to quasi - judicial enquiries. the particular remark referred to by mr. sorabji has been made in a case which related to an inquiry under the industrial disputes act. principles relating to industrial disputes have been set out in that judgment. it has there been pointed out that although there may have been an ..... evaluation of the entire procedure followed before the officer who makes the order at the initial stage. when the appellate officer is a judicial officer, he would judge even the original proceedings with a trained eve. with his qualifications, training and experience as a lawyer and a judicial officer he would notice every defect or ..... a special procedure is more drastic than the ordinary procedure or not. the supreme court took into account such factors as to whether the investigator and the judge who was to make the order were rolled into one without there being any provision for reviewing the conclusions of the investigator, whether the right of inspection .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-22-1967
Reported in : AIR1968Raj151
..... accounts, registers and other documents are to be retained by the officer concerned only for so much time as may be necessary for their examination or for any inquiry or proceedings under this act, or for a prosecution. sub-section (4) provides that for the purpose of sub-section (2) or sub-section (3), any such authority or ..... .16. lastly, we may refer to the mysore case, (1967) 1 mys. lj 284 = (air 1968 mys 100). the validity of section 28 of the mysore sales tax act was challenged before the high court. the learned judges observed that the provisions relating to the confiscation were unconstitutional because there was total lack of control over the action ..... proviso lays down that before proceeding to confiscate the goods the authority or person shall give the dealer affected an opportunity of being heard and it shallmake an inquiry in the prescribed manner. the second proviso then provides that the authority shall give the dealer an option to pay in lieu of confiscation, such amount, not .....
Tag this Judgment!Court : Kerala
Decided on : Aug-22-1967
Reported in : (1969)ILLJ336Ker
..... 226 should be presented. it was further stated that no hard and fast rule can be fixed in that regard and the matter should be left to a trying judge or a bench to accept the petition though presented beyond the period. such has been the trend of decisions of this court and the position has been reiterated in ..... will be a reasonable yardstick to measure the delay in writ applications and the application in that case having been made within the period of limitation prescribed by the limitation act, it was held that there was no delay in presenting the application. the suggestion put forward by counsel on behalf of the petitioners is that the petitioners were ..... which inhibits the levy or collection of tax except by the authority of law. the analogy of these decisions cannot be applied to cases where there have been completed acts by which a wrong has been perpetuated, whatever may be the consequences that may follow.21. counsel on behalf of the petitioner in original petition no. 2388 of .....
Tag this Judgment!Court : Orissa
Decided on : Aug-22-1967
Reported in : AIR1968Ori165; 33(1967)CLT1001; 1968CriLJ1188
..... information that a purse containing rs. 26/- had been stolen from her residential quarters in the previous nightthe sub-inspector of police deputed opp. party-2 for inquiry after some conversation with the headmistress, the house of the complainant was searched. thereafter at the instigation of the headmistress the a s i. assaulted him with ..... revision has been filed.2. the orders passed by the learned courts below are fairly well discussed on facts. the learned sessions judge referred to ex a a complaint in writing filed by the petitioner before the president. fourth grade government servants association wherein there was no reference to the complainant ..... the accused persons to the court of session and discharged the accused under section 209, cr. p. c. the petitioner filed a revision before the learned sessions judge who dismissed the same observing that the complainant had failed to make out a prima facie case under section 330. i. p. c. against this order the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-18-1967
Reported in : 1970CriLJ97
..... and if in that mutual fight one causes injury to the other, no right of private defence is available to either side and in those circumstances, the learned sessions judge was perfectly right in convicting him for an offence under section 304, part it of the indian penal code.7. before we actually go to the appreciation of evidence ..... under the general exceptions in chapter iv of the indian penal code, for it is the contention of mr. vin that much though section 105 of the indian evidence act contemplates that the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code or within any special exception or ..... to fight had indulged in fighting after getting themselves armed with sticks and if in that fight any person gets injured, he must face the consequences arising out of that act and he is not entitled to invoke the aid of any such right of private defence. that would require me to consider as to what can be called a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-18-1967
Reported in : AIR1968SC227; [1968]1SCR243
..... upon the making of such an application the petition shall stand withdrawn and no further action shall be taken for its trial. 43. findings of the judge - (1) if the judge after making such inquiry as he deems fit finds in respect of any person whose election is called in question by a petition, that his election was valid he shall ..... votes and chose to draw a lot, and declared pitam singh as the elected candidate. dhara singh thereupon filed an election petition under the act and the rules raising a number of points. the district judge, who heard the election petition, held that the returning officer made a mistake in not crediting pitam singh with the third preference in ballot ..... the interpretation of the rules. in that case, this court was concerned with the interpretation of sections 97, 100(1)(d) and 101(a) of the representation of the people act (43 of 1951) and r. 57(1) of the conduct of election rules, 1961. we find that the term of those sections are different and in particular, s. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-18-1967
Reported in : AIR1968SC271; [1968(16)FLR1]; (1967)IILLJ872SC; [1968]1SCR260
..... higher authority. in view of our findings as above, as also the fact that the authority in this case dis-regarded the provision as to hearing and inquiry contained in the act for all practical purposes, we hold that the civil court had jurisdiction to entertain the suits. 27. the question next arises as to whether the plaintiff's ..... the high court; and s. 12-d lays down that petitions, applications and appeals to high court should be heard by a bench of not less than two judges.... it could thus be seen that any dealer who is aggrieved by an order of assessment passed in respect of his transactions, can avail himself of the remedies ..... (sub-normal workers) were not entitled to full minimum wages without performing a normal day's task or without working the prescribed number of working hours. the subordinate judge framed a number of issues including one regarding the maintainability of the suits, heard evidence and came to the conclusion that the decisions or orders of the deputy commissioner .....
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