Court : Gujarat
Decided on : Aug-29-1960
Reported in : 1961CriLJ813; (1960)GLR151
..... the second, third, fourth and fifth blows on bai pidi, the offence of voluntarily causing grievous hurt has been made out against the appellant. the learned sessions judge was, therefore, right in convicting the appellant under section 326, indian penal code, for having voluntarily caused grievous hurt to bai pidi with a 'dharia'. the ..... than was necessary for the purpose of defence, and, therefore, according to him, exception ii to section 300, indian penal code, did not apply the learned sessions judge, therefore, convicted the appellant under section 302, indian penal code, for having caused the death of vajiria and under section 326, indian penal code, for having ..... the statement of the accused on this point would justify the inference that the appellant was acting in the exercise of the right of private defence and, therefore, he was entitled to acquittal the findings of the learned sessions judge that vajiria died as a result of injuries caused to him by the appellant, that these .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-15-1960
Reported in : 1961CriLJ815; (1960)GLR63
..... dungaria mahala, who is accused no. 3 in sessions case no. 3 of 1960, should be quashed, as he was a child under the bombay children act.2. in his order the learned sessions judge observed that the offence had taken place in september 1959 and the accused in question was arrested on 27-9-59. two medical officers examined him about ..... a child. it is the duty of the court to see that it does not exercise jurisdiction which it does not possess. therefore the court has to make a thorough inquiry into the age of the accused. the opinion, of the doctors that the accused was about 16 years of age when they examined him does not help. the learned sessions ..... , if available, on the question of the age of the accused on, the date of the offence. if after making a further inquiry, and without putting the burden of proof on the prosecution of the accused the learned sessions judge comes to a finding that the accused had not attained the age of 16 years on the date of the offence, he .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-1960
Reported in : AIR1961Bom142
..... the code of civil procedure had not been held by the trial court and that therefore it was necessary to remand the case to the trial court for holding such inquiry before deciding whether the judgment-debtor should be committed to civil prison or not. therefore, the position as it appears to us is that today we are asked ..... debtor. whether the charged property must be proceeded with primarily or not, the fact remains that until the property charged as also the salary tan be taken into account in judging his means although the remedy of the decree-holder may primarily be against the charged property. mr. padhye relied i upon the decision in fatehchand v. indian cotton co ..... a similar objection was raised that an amount of pension received by a pensioner was not liable to attachment by virtue of the provisions of section 11 of the pensions act. the provisions for purposes of the case before us were similar to those contained in clause (i) of the proviso to section 60(1). somayya, j. held that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-29-1960
Reported in : (1960)IILLJ484AP
..... and clarified it subsequently with reference to the decision of the supreme court in the indian iron and steel company, ltd. v. their workmen 1968 i l.l.j. 260, the learned judge omitted to apply the principles to the facts of the case before him and determine whether in the light of those observations the industrial tribunal was ..... that a tribunal has to find only whether there was justification for the management to dismiss an employee and whether a case of misconduct had been made out at the inquiry held by it. 18. dealing with the other merits of the case, their lordships observed (pp. 249-250) :in this case, the award suffers from the ..... its standing orders sufficient to merit dismissal of a workman, but in determining such misconduct it must have facts upon which to base its conclusions and it must act in good faith without caprice or discrimination and without motive of vindictiveness, intimidation or resorting to unfair labour practice and there must be no infraction of the accepted .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-31-1960
Reported in : 1961CriLJ448
..... to rely on the decision of this court in venkatachalapatirao v. govindarajulu : air1960ap300 . in that case, the relevant facts were as follows : the tahsilder in a preliminary inquiry found that there was prima facie a case against the petitioners under sections 353, 356 and 146, penal code and transferred the papers to the station house officer for ..... a material bearing on the appropriate procedure. the order of the city magistrate does not mention the provision under which he took action. the finding of the learned sessions judge is that it could validly be under section 190(1)(b) cri p. g. (it is represented to me by the learned public prosecutor that the procedure ..... to the magistrate put in by the person, who had lod the f.i.r. with the police, was really a complaint petition and that, though the magistrate acted only on information contained in the police diary as well as the petition of complaint, the action on the complaint petition came within section 190(l)(a) and, therefore .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1960
Reported in : AIR1960P& H395
..... ) the counsel then submitted that in the pleadings the respondent initially denied having incurred any expenses on these musicians, and indeed made an attempt to throttle the inquiry into this allegation the technical plea of there being no details and particulars of this items of expenditure. later, it was suggested by her that the propaganda ..... corrupt practices contained in clause (a) of paragraph 12 and items (o) and (q) of paragraph 14 of the petition. after remand shri gurdev singh, district judge ludhiana, who was entrusted with the trial of the petition, framed the following issues: i. whether the respondent no. 1 and her election agent obtained and procured assistance ..... canvassing by malkiat singh qanungo did not amount to her obtaining or procuring assistance within the contemplation of s. 123(7) of the representation for the people act (act no 43 of 1951), as this provision of law does not go to the extent of preventing a government servant from expressing his views with regard to .....
Tag this Judgment!Court : Kerala
Decided on : Nov-02-1960
Reported in : AIR1961Ker186
..... has the jurisdiction -- and we think that in doing so he has made a fair concession the order for recount should be passed not at the initial stages of the inquiry. the general practice, however, of directing such recount, is otherwise. in this connection, our attention has been drawn to the following passage in rogers on elections vol. ..... earlier, that has been allowed, as already stated, on september 19, 1960. that has resulted in the writ petition being filed in this court and the learned judge has declined to exercise his powers under article 226 at this stage.2. the appellant's learned counsel has taken us through the entire order, and has urged the ..... not only to invalidate the appellant's election under section 100, but to get himself declared as duly elected, under section 101, of the representation of the people act, 1951.that petition is being inquired into by the election tribunal, trichur, and the proceedings are still at the initial stages. earlier to the application, on which .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-08-1960
Reported in : AIR1961MP1; 1961CriLJ86
..... revision properly so called, or a new genus, called supervisory proceeding. the relevant wording of section 517(1) and section 520 of the code is:'517(1). when an inquiry or a trial in any criminal court is concluded, the court may make such order as it thinks fit for the disposal......by delivery to any person claiming to be ..... his own order in favour of gulabchand. from this, shantaram has come up in revision.3. this poses three questions, first, whether on a point of law, the sessions judge can entertain an appeal under section 520 cr. p.c., from an order of the magistrate under section 517 of the code; secondly, whether, independently of the appellate powers, ..... such order and make any further orders that may be just.''5. on the face of it, the superior court to which normally appeals, revisions and references lie, can act under section 520 cr. p.c. but the proceedings will not be appeals, revisions or references properly so called. that section gives powers of a kind that can be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-07-1960
Reported in : AIR1961MP15
..... alive to the fact that the proceedings at the stage before order of adjudication was passed were confined to the inquiry into the alleged acts of insolvency under section 6 of the act. the learned additional district judge has nowhere recorded a finding that the transferees took the transfers without good faith. as regards consideration also he ..... dismissed with costs. shiv dayal, j. 13. this appeal arises out of an order of adjudication passed by the additional district judge, morena, under section 9 of the provincial insolvency act (hereinafter called the act) on a creditor's petition.firm shriram surajbhan made an application to the insolvency court for adjudicating gaya prasad and banshidhar, their ..... is made and that order cannot be made unless and until there is a finding that the debtor committed the alleged act of insolvency under section 6(b). 19. moreover, the scope of inquiry under section 6(b) is quite different from that under section 53. it is the intention and conduct of the .....
Tag this Judgment!Court : Kerala
Decided on : Oct-13-1960
Reported in : AIR1961Ker299
..... would constitute error of jurisdiction.he has further relied on gullapalli nageshwara rao v. andhra pradesh state, air 1959 sc 308, where the majority of the learned judges have held that even administrative tribunals, when dealing with rights of a party, must hear, and that, if one person were to bear and another pass orders ..... or assistant superintendent alone, can under the rules governing the police force, inquire into complaints against the constables; and as the inquiry had been by a subordinate officer, the dismissing authority could not act on the records so prepared, that the dismissal would be on material got contrary to the aforesaid direction and this would ..... be after proper judicial enquiry in so far as the inspector general had not recorded the evidence, on which the appellant has been dismissed. the learned judge has dismissed the writ petition on the short ground of the appellant's having the alternative relief of appeal against the conclusions of the inspector general of .....
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