Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1960 Page 13 of about 434 results (0.238 seconds)

Steelworkers Vs. American Mfg. Co.

Court : US Supreme Court

..... particular area from arbitration -- "matters which are strictly a function of management." because the arbitration promise is different, the scope of the court's inquiry may be broader. here, a court may be required to examine the substantive provisions of the contract to ascertain whether the parties have provided that ..... particularly underscored that the arbitral process in collective bargaining presupposes that the parties wanted the informed judgment of an arbitrator, precisely for the reason that judges cannot provide it. therefore, a court asked to enforce a promise to arbitrate should ordinarily refrain from involving itself in the interpretation of the substantive ..... every claim, meritorious or frivolous, which the complainant bases upon the contract. the objection that equity will not order a party to do a useless act is outweighed by the cathartic value of arbitrating even a frivolous grievance, and by the dangers of excessive judicial intervention." mr. justice brennan, with whom .....

United States Vs. Parke, Davis and Co.

Court : US Supreme Court

..... beyond his mere declination to sell to a customer who will not observe his announced policy. in the cases decided before beech-nut, the court's inquiry was directed to whether the manufacturer had entered into illicit contracts, express or implied. the district court in this case apparently assumed that the government ..... prices, this countervailing consideration is not present, and therefore he has put together a combination in violation of the sherman act. thus, whether an unlawful combination or conspiracy is proved is to be judged by what the parties actually did, rather than by the words they used. see eastern states retail lumber dealers' ass ..... to particular fact complexes justifying the inference of an agreement in violation of the sherman act. both cases teach that judicial inquiry is not to stop with a search of the record for evidence of purely contractual arrangements. the sherman act forbids combinations of traders to suppress competition. true, there results the same economic .....

Hess Vs. United States

Court : US Supreme Court

..... find no justification, consistent with the course of adjudication in this court, for upholding state power here, without so much as even suggesting the need for an inquiry as to the extent of federal interest in the activity in question. [ footnote 2/14 ] iv nothing in the wrongful death cases on which the court relies ..... in the hamilton that resort to such statutes would not result in "any lamentable lack of uniformity" in maritime law. what no lesser authority in admiralty matters than judge addison brown said many years ago in the city of norwalk, 55 f. 98, [ footnote 2/12 ] is highly illuminating. he gave these reasons for permitting ..... wrongful death statute is invoked wholly governs liability. [ footnote 2/2 ] at the same time, the court leaves open the question whether a state wrongful death act might contain "provisions so offensive to traditional principles of maritime law that the admiralty would decline to enforce them," finding that this oregon statute "presents no such problem .....

Santosh Kumar Vs. Commissioner of Income-tax, U.P.

Court : Allahabad

Reported in : [1962]46ITR1236(All)

..... assessee applied to the commissioner under section 33 for revision of the orders passed by the income-tax officer. the commissioner set aside the assessment and directed further inquiry and a fresh assessment. the income-tax officer again assessed the tax on an income of rs. 75,000. the assessee again applied under section 27 and finally ..... the appellate tribunal in that case that no appeal lay to the income-tax appellate tribunal was approved of, but it appears that the attention of the learned judges of the patna high court was not invited to the enunciation of the law by the supreme court in mela rams case.learned counsel for the respondent attempted ..... the maintainability of the appeal. it was contended before the tribunal that the order passed by the appellate assistant commissioner was not one under section 31 of the act and the appeal preferred before the tribunal was therefore incompetent. the tribunal, for reasons recorded by it in its order dated the 13th march, 1957, upheld the .....

Kartarsingh Narainsingh and anr. Vs. Lallusingh Padamsingh and ors.

Court : Madhya Pradesh

Reported in : AIR1962MP104

..... (4) of section 145, cri. p. c. signifies is that after the preliminary order has been served on the opposite party, the magistrate shall proceed to hold an inquiry into the respective claims of the parties. the intention of the legislature in enacting the 3rd proviso to this subsection clearly was to enable a magistrate in a case of ..... section 145, cri. p. c., the magistrate had no jurisdiction to issue an order of attachment prior to its service on the opposite party. the observations of the learned judge on this point are clearly obiter. there is no reason to suppose that the words 'at any time' used in the 3rd proviso to sub-section (4) of section ..... vol. 31). crawford also has observed in his statutory construction as follows: 'a proviso on the other hand is a clause added, to an enactment for the purpose of acting as a restraint upon or as a qualification of the generality of the language which it follows.' on applying this principle it would follow that although the provisions of sub .....

Amarnath Sawan Mal Vs. Joginder Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1961P& H18; 1961CriLJ146

..... the magistrate and a false denial in the affidavit was also made in this court as to the confinement of sukhdev raj. i directed the sessions judge, amritsar, to make an inquiry and after recording evidence of the parties he should submit a report with his findings. i did not find that any case had been substantiated ..... the false representations thus made were calculated to embarrass, and obstruct the court in the administration of justice, and in attaining that object, the respondent was successful. the act of| the respondent, not only amounted to perjury, but|there was also present, the element of obstruction to court in the performance of its duties. the fact ..... that perjury is also a substantive crime under the indian penal code does not prevent conviction for a contempt, under the contempt of courts act. the essential element which makes perjury punishable as a contempt, is an element of obstruction to the court, which was definitely present in this case. perjury or .....

The Vanguard Fire and General Insurance Co. Ltd., Madras Vs. Fraser an ...

Court : Supreme Court of India

Reported in : AIR1960SC971; [1960]3SCR857

..... therefore in order that s. 2d may be workable, all that is required under it is that the central government should be satisfied after such prima facie inquiry as it considers necessary that there are reasons to believe that the liabilities of the insurer who has closed his business remain unsatisfied or not otherwise provided for and ..... the writ petition. this was followed by an appeal by the company, which was dismissed. the division bench substantially agreed with the view taken by the learned single judge. thereupon the company applied for a certificate to enable it to appeal to this court and obtained it; and that is how the matter has come up before ..... begins with the words 'insurer means' and is therefore exhaustive. it may be accepted that generally the word 'insurer' has been defined for the purposes of the act to mean a person or body corporate, etc., which is actually carrying on the business of insurance, i.e., the business of effecting contracts of insurance of whatever .....

Dharamdas Shyamlal Vs. the District Magistrate and anr.

Court : Gujarat

Reported in : 1960CriLJ1588

..... order is made. but the question whether such grounds can give rise to the satisfaction required for making the order is, as observed above, beyond the scope of the inquiry under section 491 of the cr.pc on the other hand, the question whether the vagueness or indefiniteness of the statement furnished to the detained person is such as ..... the order was mala fide. the petitioner was acquitted as stated in the ground itself not because there was no basis for the charge against him but because the learned judge who tried him found that the case against him was not beyond reasonable doubt, and, therefore, the benefit of that reasonable doubt bad to be conferred upon him. ..... the sabarmati jail at ahmedabad since 4-3-1960 under an order dated 4-3-1960 passed by the district magistrate ahmedabad, under section 3 of the preventive detention act, being act iv of 1830. the grounds upon which order was issued were furnished to the detention the same day. on the 12th of match i960, the then government of .....

Firm Dhannalal Maganlal Vs. Surajmal and ors.

Court : Rajasthan

Reported in : AIR1961Raj10

..... application for execution itself should be rendered as not in accordance with law on account of any irregularity in subsequent proceedings. article 182(5) of the limitation act contemplates merely an application for execution in accordance with law and that will be sufficient to give a fresh start of limitation from a final order to ..... was that the execution court having recorded no reasons for dispensing with the notice under order 21 rule 22(2) c. p. c. and issuing warrant immediately, acted without jurisdiction, with the result that the entire proceedings stand vitiated and are of no avail and, therefore, cannot extend limitation. then, summing up the conclusion with ..... the allegations were found to be untrue later, cannot invalidate the application. an application has to be judged on the allegations on which it is made and not on what is actually found as a fact later, either on inquiry or otherwise. an acceptance of a contrary view may in some cases involve complicated and prolonged .....

Dashrat and ors. Vs. the State

Court : Rajasthan

Reported in : 1961CriLJ403

..... their houses and will result in sanitary conditions leading to the spread of the disease of malaria. the station house officer inspected the spot and made the necessary inquiries and after being satisfied of the truth of the complaint, applied to the sub-divisional magistrate parbatsar on 17-8-55 for taking proceedings under section 133 cr. ..... should be asked to make necessary arrangement for this purpose.4. aggrieved by this order dasharat and others filed a revision in the court of the sessions judge, merta. the sessions judge held that the proceedings under section 133 cr. p.c. in respect of obstruction to the flow of rain water were misconceived and incompetent. examining the ..... rule laid down in that case. the non-petitioners while using their properties having caused unlawful obstruction to the flow of water can only be said to have acted in tortious manner. they cannot be said to have interfered with a channel which is or may be lawfully used by the public. the persons aggrieved can .....