Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1960 Page 14 of about 434 results (0.271 seconds)

Mangla Panchuram and anr. Vs. State

Court : Rajasthan

Reported in : 1961CriLJ414

..... law inasmuch as the procedure laid down by section 252 of the criminal procedure code was not followed. the learned sessions judge rejected the objection on the ground that an explanation had been added to section 67 of the rajasthan excise act placing the reports of the excise officers at par with those of police officers. two other points which ..... applicable to the trial of cases instituted on complaints or reports of excise officers. in that case the accused was convicted on his own statement without holding an inquiry and without framing a charge.the conviction was set aside and the case was remanded for trial in accordance with law. the question did not come up for ..... that nature and the conviction was set aside on the ground that] the procedure followed by the magistrate was: unjust inasmuch as no charge was framed and no inquiry was held in accordance with law and the conviction was based on the statement of the accused. the decision in bhagwana's case i is thus distinguishable.6. .....

Mitchell Vs. Trawler Racer, Inc.

Court : US Supreme Court

..... thus unseaworthy and one of the crew received damage as the direct result thereof, he was entitled to recover compensatory damages." [ footnote 2/2 ] chief judge magruder has appropriately noted that no previous decision in this court has considered whether liability for unseaworthiness existing at the start of the voyage extends to subsequently arising ..... and therefore entitled to those rights if any which flow from the maritime law and flows [ sic ] from the act of congress." in a memorandum filed almost a month after the trial, the district judge, apparently relying upon the fact that the shipowner had no direct financial interest in the spawn which had been unloaded ..... the carriage of goods by sea act would, of course, bar recovery. the silvia, 171 u. s. 462 . but where, as here, there is neither a claim that the vessel was initially unseaworthy, nor any showing of negligence, the imposition of liability seems to me borrowing from judge magruder, a "hard doctrine," "startlingly opposed .....

Basappa Bhimappa Doddamani Vs. State

Court : Karnataka

Reported in : AIR1961Kant21; AIR1961Mys21; 1961CriLJ120; ILR1960KAR571

..... counsel, and though the prosecution had kept the witnesses present in court and made them available for the defence, it was a mistake on the part of the judge not to have permitted or called upon the defence counsel to cross-examine them. unfortunately, the manner in which the record has been made lends support to this ..... bring-the case within the fourth exception to section 300. the contention appears very attractive. but we should not forget the provisions of section 105 of the evidence act under which the initial burden of proving the existence of circumstances bringing the case within this special exception to section 300 of the indian penal code is upon ..... the inference stated above, it is necessary for the accused to establish that he stabbed fakirappa in the heat of passion without taking any undue advantage and without acting in a cruel or unusual manner. in addition to the omission of any positive evidence on the part of the defence, the one circumstance which makes it difficult .....

N. Rudraradhya Vs. State of Mysore and ors.

Court : Karnataka

Reported in : AIR1961Kant247; AIR1961Mys247

..... wrongful dismissal from government service in breach of the rules made under section 96-b of the government of india act. 1919. rule xiv of those rules read:--'xiv without prejudice to the provisions of the public servants inquiries act, 1950, in all oases in which the dismissal, removal or reduction of any officer is ordered, the order ..... his contract of service. he was dismissed and brought an action for damage which failed- upon appeal to her majesty in council, lord hobhouse, in giving their lordships' judg-nent, said: 'it appears to their lordships that the proper grounds of decision in this case have been expressed by stone, j., in the full court. they ..... appeal from a decree made in a suit by an aggrieved employee whose services had been terminated, was whether his services had been properly terminated, although the learned judge who decided that case made some observations in regard to the construction of article 16(1) of the constitution which, however, were, we think, un-necessary .....

Bhudhan Lal Sarma Vs. the State

Court : Orissa

Reported in : 1961CriLJ689

..... of each case. the nature of corroborative evidence should be such as to lend assurance that the evidence of the prosecutrix can be safely acted upon,8. in the present case the learned sessions judge appears to have been satisfied from the demeanour of p.w.i in the witness box that she was speaking the truth and he rightly ..... . subsequent conduct, by itself although important, is not enough, because a witness cannot corroborate himself. in such cases the judge is bound to tell the jury that it is a rule of the court not to act on the evidence of the complainant without some corroboration and where there is no corroboration to direct them that their proper course ..... believed her evidence. it is yet to be seen whether the circumstances in this case lend assurance that the evidence of the prosecutrix can be safely acted upon. before actually .....

Ninan Vs. Secretary, State Transport Authority, Trivandrum and anr.

Court : Kerala

Reported in : AIR1960Ker359

..... ). in support of this argument reliance is placed on the division bench ruling in p. satyanarayana v. the state of andhra pradesh, air 1959 andh pra 429 and the single judge ruling in thomas v. state transport authority, 1960 ker lt 108: air 1960 kerala 111. 4. the condition that can be attached to a permit under clause (iv) of ..... regionaltransport authority. the delegation made to the secretary under rule 144 of the travancore-cochin motor vehicles rules framed in 1952 at a time when, under the provisions of the act as it then stood, this power of regulating timings was governed by section 48 (c)and the time table was not a condition of the permit, cannot operate with regard ..... no jurisdiction to alter the approved time table since, under the provisions of clauses (iii) and (iv) of sub-section (3) of section 48 of the motor vehicles act as amended by act c of 1956, the time table is one of the conditions of the permit which under clauses 20 and 21 of the same sub-section, can be varied only .....

Associated Oil Mills Ltd., Madras Vs. Commissioner of Income-tax, Madr ...

Court : Chennai

Reported in : AIR1961Mad79; [1960]40ITR118(Mad); (1960)2MLJ282

..... where no such agreement can be reached, the central government shall appoint as arbitrator a person qualified under sub-section (3) of section 220 of the above mentioned act for appointment as a judge of a high court...... (c) the arbitrator in making his award shall have regard to --(i) the provisions of sub-section (1) of section 23 of ..... dispute as to the amount of compensation payable, the matter was referred for adjudication by an arbitrator under section 19(1)(b) of the defence of india act, 1939. the arbitrator (the district judge of north arcot) made an award, holding that the assessee should be paid a sum of rs. 63,249-12-0 as compensation. there was an ..... the land acquisition act, 1894, so far as the same can be made applicable; and (ii) whether the acquisition is of a permanent or temporary character.' 5. under section .....

New York, N.H. and H. R. Co. Vs. Henagan

Court : US Supreme Court

..... the verdict. it is so ordered. mr. justice black and mr. justice douglas dissent. they believe there was evidence of negligence sufficient for the jury, as summarized by judge woodbury, speaking for a unanimous court of appeals. 272 f.2d 153. they also dissent from the direction to enter judgment for the petitioner, since they are of the ..... 153, reversed. per curiam. the respondent was a waitress in the grill car of one of petitioner's trains. she brought this action under the federal employers' liability act, 45 u.s.c. 51 et seq., for damages for injuries allegedly sustained when an emergency application of the brakes brought the train to a sudden stop. a jury ..... 364 u.s. 441 certiorari to the united states court of appeals for the first circuit syllabus in this suit against a railroad under the federal employers' liability act by a waitress in the grill car of one of the railroad's trains to recover damages for injuries allegedly sustained when an emergency application of the brakes brought .....

K.R. Chari Vs. Secunderabad Cantonment Board Represented by Its Presid ...

Court : Andhra Pradesh

Reported in : AIR1961AP37

..... judgment of the court held:'there is no doubt that any direct pecuniary interest however small, in the subject of enquiry, does disqualify a person from acting as a judge in the matter; and if by any possibility these gentlemen, though mere trustees, could have been liable to costs, or to other pecuniary loss or ..... to cross-examine the witnesses, to give evidence in person and to have such witnesses called, as he may wish, provided that the officer conducting the inquiry may, for special and sufficient reason to be recorded in writing, refuse to call a witness. the proceedings shall contain a sufficient record of the evidence ..... written statement in defence of the above charges to reach the undersigned by 12 noon on the 23rd september 1959. the undermentioned witnesses and documents will be examined by the inquiry committee in connection with the above mentioned charges. charge (i) & (ii) : witnesses sri abdul rahman s. o. fazulla hussaln ' ' azeez baig ' ' mohd. zafar ' ' sathyanarayana .....

P. Subbarao and ors. Vs. Andhra Pradesh Public Service Commission, Hyd ...

Court : Andhra Pradesh

Reported in : AIR1961AP378

..... tribunal deciding the matter. it was also remarked that this question could not be determined with reference to preconceived notions or a priori considerations and that it should be judged in the light of the relevant rules.33. this doctrine has been re-affirmed in the subsequent cases of the supreme court and it is not necessary to refer ..... but before we do that, it has got to be observed that the question whether rules of natural justice have been observed in a particular case must itself be judged in the light of the constitution of the statutory body which has to function in accordance with the rules laid down by the legislature and in that sense the ..... every kind of domestic tribunal. the requirements of natural justice must depend on the circum-stances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth'. in the earlier case of general medical council v. spademan, 1943 ac 627 at p. 638, lord .....