Court : Chennai
Decided on : Sep-08-1960
Reported in : (1962)1MLJ116
..... law. on the insolvency of the father in cases governed by the provincial insolvency act prior to the introduction of section 28-a of the act, it was held by a full bench of this court in rama sastrulu v. balakrishna : air1942mad682 , that the father's power to sell did not vest in the official receiver or the assignee. but ..... they were sought to be evicted by the landlord-trustee they claimed the benefit of the act. the learned judge referred to the full bench decision already referred to and observed as follows:by reason of this explanation it is clear that section 9 was intended to apply and could apply only to a case where a trustee could ..... liberty to adduce fresh evidence at the enquiry to be held in pursuance of this order of remand. the decision of the learned additional city civil judge in a.s. no. 104 of 1957 is therefore set aside, and the suit, o.s. no. 845 of 1955 on the file of the vi ..... assistant judge, city civil court, madras, is restored to its file to be heard and disposed of in accordance with law. the appellant will be entitled to a ..... an appeal, a.s. no. 104 of 1957 which was heard and disposed of by the learned additional judge, city civil court, madras. the learned additional judge held that the tenant was entitled to the benefits of the act and accordingly granted her the relief for purchasing the land from the trust in accordance with the provisions of the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-22-1960
Reported in : (1961)ILLJ95Bom
..... certain papers there referred to an has gone to the length of observing that sri fernandes was wrong or rather partial in not making inquiries into the reports against the appellant. sri fernandes' conduct however was not in question before the labour court and if sri fernandes honestly ..... dated 31 july, 1957 under which his services were terminated stood thus : sri surindrasingh ishersingh kohli, security inspector, personnel department (watch and ward section), is hereby informed that his services are terminated with immediate effect pursuant to standing order 26(1) of the transport standing orders of the undertaking for ..... the first place he has got to record reasons for terminating the services of the employee and the industrial court have been given the power to consider the legality and the propriety of the order passed by the employer. the industrial court may consider whether the reason given for ..... taken into account. hence it could not be contended that whenever the employer purports to terminate the services of his employee by virtue of the power conferred on him by the terms of the contract, industrial tribunals cannot question its validity, propriety or legality.' 10. their lordships in the ..... used. before proceeding with the position under the bombay industrial relations act and the points raised for consideration by the learned labour judge in this connexion, a reference may be made to the recent case of assam oil company, ltd. v. its workmen 1960 i l.l.j. 587. in the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-1960
Reported in : AIR1961MP6
..... evidence ......'. the word 'admitted'' here means 'admitted for judicial purpose', in other words, found, or held to be admissible by the presiding officer after such inquiry as might be called for in that case. thus, it is not correct to argue that the order of the court merely declares admissibility, and is not equivalent ..... payable in the event of the document being impounded and sent to the collector for taxation would be of the order of several thousands.3. the civil judge held that the value of the property or the consideration for the gift has not been set forth in the deed. whether or not it is a ..... into evidence though the mechanical process of putting the number and similar particulars under order 13 rule 4 was yet to be done.5. in my opinion, the order of the civil judge to the effect that the document is admissible (grahya hai) is equivalent to the admission itself. the distinction sought to be made ..... . krishnan, j. 1. this is an application in revision by the defendant in a money suit, objecting to the order of the civil judge that it was not necessary to impound for assessment of stamp duty, a deed of gift produced by the plaintiff as the basis of his ..... admission does not really exist. as laid down in shivaji v. gopalji, madh lr 1955 (civil) 212, where the court finds in course of the judicial proceeding that the document is admissible, it is really admission for the purpose of section 36 of the stamp act, and cannot be called into question.admission of documents, like .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-12-1960
Reported in : (1960)62BOMLR749
..... the petition will exercise the powers as if it is a civil court. the provision does not mean as is contended by mr. sukthankar that the civil procedure code applies to the inquiry before the judge' under section 22 only to the extent as specified in section 22(2). in our view the inquiry contemplated under section 22 of the district municipal act is a judicial inquiry, the authority holding that ..... by mr. sukthankar. it is no doubt true that the district judge or the assistant judge, who is invested with jurisdiction to hear an election petition under section 22 of the district municipal act, is not a court. the code of civil ..... to review contained in the civil procedure code could not be availed of by the learned assistant judge. in short, therefore, the submission of mr. sukthankar is that the order reviewing the decision passed by the assistant judge is an order passed without jurisdiction and must, therefore, be set aside.5. we are not inclined to accept the argument, which has been advanced before us ..... , j.1. the election of councillors to the islampur municipality was held on november 5, 1957. in that election there were two seats in ward no. 2 to be elected. one of these scats was a reserved seat and the other was a general seat. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-13-1960
Reported in : (1961)ILLJ569AP
..... by the government was competent to perform the functions exercisable by the tribunal under the hyderabad public servants (tribunal of inquiry) act, xxiii of 1950. indisputably, it was well within the powers of government to issue this notification, having regard to the provisions of section 122 of the states reorganization act. what is the effect of this notification? does it modify the provisions of ..... both 'finality and authoritativeness which are the essential tests of a judicial pronouncement.25. in venkataraman v. union of india (1954) s.c.j. 461, mukherjee, j., who spoke for the court, observed that the only purpose for which an enquiry under the public servants (inquiry) act (xxxvii of 1850) could be made was to help the government to come to a ..... responsible posts such as a member of the railway rates tribunal. the only objection raised is that he did not act as a sessions judge.23. in our opinion, the fact that the tribunal did not possess the qualification indicated in section 3(2) would not render the proceedings a nullity. it is not every infringement of any rule in the conduct ..... not fall within the ambit of rule 4 of the madras civil services (disciplinary proceedings tribunal) rules, 1948. in reaching this conclusion, the learned judges relied on rajagopala ayyar v. madras state : air1955mad182 . the learned judges were unconcerned with the problem which we are now called upon to solve, namely, how far the lack of the prescribed qualification would vitiate the enquiry .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-31-1960
Reported in : AIR1961P& H190
..... permit an insurance company to defend a suit even on pleas which are not open to it under sub-section (2) of section 96 of the motor vehicles act, is based on the inherent powers of the court. if that is so, i fail to see why when the insurance company has been joined as a defendant and has fought out the case even ..... , j.1. there has been no dispute before us about the quantum of damages awarded to the plaintiff, though he claimed rs. 15,000/- the learned senior subordinate judge has awarded him rs. 5,000/- only as damages. considering the fact that the plaintiffhad sustained fracture of three ribs and pelvisbone and injuries on various other parts, which, necessitated his confinement in ..... cestui quo trust on whose behalf the policy was effected, and was thus competent to sue the insurance company for damages sustained by him in a motor accident. the learned judges relied upon the bombay decision quoted above and on air 1951 punj 114.this punjab decision was given by my learned brother falshaw, j. the question that came up for ..... and modifying the judgment and decree of the trial court direct that the appellant company shall be liable only to the extent of rs. 2,000/-. the learned senior subordinate judge was clearly in error in not passing any decree against the other defendants who on his own findings were primarily responsible foe the damages suffered by the plaintiff .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-27-1960
Reported in : AIR1961Guj34; (1961)2GLR23
..... in the course of his employment. the high court of bombay held that he died of an injury by an accident falling within the scope of section 3 of the act. the learned chief justice, who delivered the judgment for the bench, observed that if the workman died as a natural result of the disease from ..... happened while he was working there could be no claim. therefore, in each case, the arbitrator had to consider whether in substance, so far as he could judge on such a matter, the accident came from the disease alone, so that whatever the man had been doing, it would probably have come all the same, ..... to the fact that there was no strain or exertion out of the ordinary in the work carried on by the workman, for the learned county court judge had found that the strain in fact had caused the rupture, meaning thereby that if it had not been for the strain the rupture would not have ..... from serious aneurism and was employed in tightening a nut by a spanner when he suddenly fell down dead from rupture of the aneurism. the county court judge found upon conflicting evidence that death was caused by strain arising out of the ordinary work of the deceased operating upon a condition of body which was ..... a. m. and found dead at 5-40 a. m. lying over a water tank, his face being covered with water. the post mortem examination showed that he died of heart-disease. upon these facts, the county court judge held that the work upon which the deceased was engaged contributed to and accelerated his death and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-24-1960
Reported in : AIR1961MP190
..... by the defendant, against the decree dated 10-11-1959, passed by shri g.p. tiwari, second additional district judge, raipur, empowered under section 9 of the m.p. courts act, 1958, in small cause suit no. 35 of 1959.2. the non-applicant was a consignee of 500 yards of hessian cloth and ..... year from the date of actual delivery and nothing more.13. a division bench of the andhra pradesh high court in firm of sivdutt rai gulab rai v. the union of india, air 1960 andh pra 406, held that where delivery was effected, but the goods were delivered in a damaged condition of; ..... on facts.12. the learned counsel for the non-applicant further invited attention to the observations of their lordships of the supreme court in union of india v. amar singh, air 1960 sc 233, wherein their lordships laid down that the starting point of limitation under article 30 of the limitation actwould be from ..... placed on a division bench case of this courtin dominion of india v. s.g. ahmad, ilr (1954) nag 46: (air 1954 nag 115). that was a case of non-delivery, governed by article 31 of the limitation act, wherein the learned judges constituting the division bench held that the limitation under the said article ..... quantum of damages had been proved by the plaintiff. as regards the question of limitation, the learned judge held that time would be extended due to the letter of the railway administration dated 21-11-1958.5. the learned counsel for the applicant urged that the plaintiff had failed to prove the quantum of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-25-1960
Reported in : AIR1960P& H530
..... the property to her would also be in constructive possession of it, and if the main object of the hindu succession act, section 14, is to enlarge the estate and the power of a female owner in respect of her estate for the benefit of the female owner, as the supreme court has ..... in these cases that in reaching this conclusion the repealing provisions of section 4 of the act are not being kept in view. this argument was pressed in gostha behari v. haridas samanta, (s) air 1957 cal 557, and the learned judges repelled it and i cannot do better than state the reasons given by ..... purposes amounting to legal necessity.for purposes of the first class she has a large power of disposition than for purposes of the second class.'185. effect of alienation made without legal necessity and without consent of next reversioner.--(1) an alienation made ..... mulla's hindu law, 12th edition in regard to invalid adoption. these paragraphs read--'181. alienations by widow.--a widow or other limited heir has no power to alienate the estate inherited by her from the deceased owner except for the following purposes, namely: (1) religious or charitable purposes. (2) other ..... cannot be. in the case of first type, of property she has become the full owner and there is no restriction or control over her power of alienation in regard to such property. the reversionary heir of rama nand has nothing to expect as reversion and nothing to protect as such. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-08-1960
Reported in : AIR1961P& H51
..... connection referred us to the provisions of the hindu minority and guardianship act. particular emphasis has been laid on sections 5 and 13 of this enactment, which are in the following terms :'5. overriding effect of act, -- save as otherwise expressly provided in this act,-- (a) any text, rule or interpretation of hindu law or ..... buria. on the 2nd of december 1952 an application was filed by the lady in the court of the district judge at ambala under section 7 of the guardians and wards act, praying that she be appointed a guardian of the. persons of the three minor daughters and declared guardian of the ..... application of captain rattan amol singh was obviously dismissed, the learned judge holding that his application under section 25 of the guardians and wards act had been made as a counterblast to the application of the mother under section 7 of the act.6. aggrieved by this order both parties have preferred appeals to ..... so requires in the interests and for the benefit of the ward.18. in view of the foregoing discussion, this order of the learned single judge is also affirmed and, in consequence, all the three appeals stand dismissed.19. but before parting with the case, we should like to express ..... of the three minor daughters need not detain us and we thus disallow shrimati kamaljit kaur's appeal and affirm the order of the learned single judge in this connection.8. the main controversy, however, is centred round the custody of the minor son. he is being educated in modern school .....
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