Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1960 Page 2 of about 434 results (0.310 seconds)

Shriram and ors. Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1961SC674; (1961)63BOMLR434; [1961]2SCR890

..... classification between the two kinds of proceedings at the commitment stage based upon a very relevant consideration, namely, whether or not there has been a previous inquiry by a responsible public servant whose duty it is to discover crime and to bring criminals to speedy justice'. it will thus be seen that the ..... necessary to ascertain whether there was reasonable classification or not. assuming that the said observations are obiter, even then, they record the considered opinion of five learned judges of this court. the view we have expressed also is consistent with the said observations. 12. our view could now be expressed in the following propositions : ..... to the elaborate and prolonged committal proceedings and stepped in to amend the code in that respect. the whole of section 207a has been inserted by act xxvi of 1955. while the section simplified the procedure in regard to commitment proceedings instituted on a police report, it confined the existing procedure to proceedings .....

Thimmasamudram Tobacco Co. Vs. Asst. Collector of Central Excise, Nell ...

Court : Andhra Pradesh

Reported in : AIR1961AP324

..... before our learned brother, seshachalapati j., that the assistant collector had no jurisdiction to proceed with a fresh inquiry, having regard to section 35 of the central excise act. this contention did not find favour with the learned judge with the result that the petition was dismissed with costs. it is this order that is how under appeal ..... this view was expressed by satyanarayana raju j. in narasimharaju v. state transport authority, (1958 andh lt' 627). there, the learned judge was dealing with section 64-a of the motor vehicles act. all the same, we feel that that decision has analogy here because the provisions of that enactment are similar to those of the statute ..... the appellant, is that under section 35 of the central excise act. the only power that is vested in the appellate authority is to confirm, alter or annul the decision or order appealed against and it is not competent for him to direct a fresh inquiry. as the controversy centres round the interpretation of section 35, it .....

CochIn Devaswom Board Vs. Akhileswara Iyer

Court : Kerala

Reported in : AIR1961Ker282; (1961)IILLJ562Ker

..... not strictly applicable to departmental inquiries..... but he must not lower himself to the status of a common prosecutor, that is to say, of a person who feels it a part of his function to bring the guilt homo to the accused at any cost. he must act with the detachment of a judge, since he is professing to ..... exercise that dignified function.' the aforesaid observation was followed in dr. subba rao v. state of hyderabad, (s) air 1957; andh pra 414, where it was held that if is a fundamental principle of natural justice that the officer selected to make an inquiry against a ..... he ought not to take part in the decision or sit on the tribunal'; and that 'any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge, and any interest, though not pecuniary, will have the same effect, if it be sufficiently substantial to create a reasonable suspicion of bias.' the said principles are .....

B.N. Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1960All754

..... the relevant portion of rule 55 of the civil service rules runs as follows :'55. without prejudice to the provisions of the public servants inquiries act, 1850, no order (other than an order based on facts which had led to his conviction in a criminal court or by a ..... not the original rule shall apply. i have already given the gist of the amended rule 10 in an, earlier part of this judge ment and the discretion of the governor is not in any manner curtailed by that rule.11. in this connection it was also ..... of the tribunal is a judicial officer having vast experience in the conduct of court trials and qualified for being appointed as a judge of the high court.there is another way of looking at the matter. under sub-rule (1) of rule 8 the tribunal ..... tried by a very senior administrative officer as also by a very senior judicial officer who is qualified to be a high court judge and that too with the assistance of an assessor. under the civil service rules the delinquent officer has got to be tried .....

Basanta Kumar Sen and anr. Vs. Collector of Land Customs, Calcutta and ...

Court : Kolkata

Reported in : AIR1961Cal86,1961CriLJ237

..... that there are grounds for investigation in connection with an enquiry under section 171-a of the sea customs act. now what is that enquiry under this section? section 171-a (1) of the act expressly says 'in any inquiry which such officer is making in connection with the smuggling of any goods.' it is, therefore quite clear ..... documents for that purpose, offend against article 20, sub-clause (3), of the constitution and is bad. it is difficult to agree with the reasoning of the learned judge in that case. that reasoning, with respect, is inconsistent with the intendment of the article and carries it much beyond its legitimate scope. it would further render large ..... number of laws invalid. having given our earnest consideration to the reasoning of the learned judge we are constrained to say that there is no warrant for extending the scope of article 20, sub-clause (3)'. the difficulty however is no longer caused by .....

Hari Kishen Das and anr. Vs. Union of India (Uoi) Through the Secy. Mi ...

Court : Punjab and Haryana

Reported in : AIR1961P& H98

..... suggest the necessity of any further inquiry. finally, in order to bar any loophole by which the person affected by the order might escape, the legislature has expressly taken away the powers of civil courts ..... which the person affected by the order may have to set up in his defence, and then the appellate authority, if it thinks necessary, may hold some further inquiry, but it may not da so. it is obvious that any report submitted by the competent officer to justify his orders is hardly likely to contain any grounds which ..... by mehar singh j. and myself. we disagree with the view of the allahabad high court that the act offended the provisions of article 14 of the constitution, and while agreeing with the learned judges of the calcutta high court that the act offended the principles of article 19(1)(f) we did so on somewhat different grounds. the chief reason .....

Parker Vs. Ellis

Court : US Supreme Court

..... of the writ is no longer relevant, because the function of the writ -- to provide and to facilitate inquiry into the validity of the applicant's claim -- has already been fully served. [ footnote 8 ] the district judge page 362 u. s. 583 ordered that petitioner's application be heard upon affidavits, depositions, and the record ..... there is also some dispute among these authors with respect to the historical significance of the jenkes case. the nature of the abuses which led to passage of the act is clear, however, and, for present purposes, it is immaterial which particular case aroused the greatest public sentiment. [ footnote 14 ] under our habeas corpus statute ..... state's interest in upholding the validity of this conviction is insubstantial. [ footnote 30 ] for example, under 504 of the labor-management reporting and disclosure act of 1959, persons who have been convicted of specified crimes are ineligible to serve for a five-year period in various positions for labor unions or employer .....

Kisan Singh Vs. State of Bombay

Court : Mumbai

Reported in : AIR1961Bom124; (1960)62BOMLR921; 1961CriLJ628

..... on account: (a) of any error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or (b) (omitted). (c) of the omission to revise any list of jurors or assessors in accordance with section 324, or (d) ..... the manner of holding the trial, the provision of section 537 will not be attracted thereto.' it may be mentioned that in the case before the learned judges the charge against the accused person was that he had between 6th march 1949 and 31st march 1951 mis-appropriated several amounts. there were also charges against him ..... * * * * * 'it is possible (though we need not so decide in this case) that the recent amendment to section 537 in the code of criminal procedure (amendment) act, xxvi of 1955, where mis joinder of charges has been placed in the curable category will set at rest the controversy that has raged around the true meaning of 28 .....

Nannapaneni Ramakrishnaiah and ors. Vs. State

Court : Andhra Pradesh

Reported in : AIR1965AP361

..... that these blows with spears mentioned by him are inconsistent with the medical evidence that he and the 2nd deceased had only stick injuries. but as observed by the trial judge, they are only inaccuracies natural to an indiscriminate attack by four assailants. another criticism is that some of the particulars in p. w. 1's evidence are inconsistent ..... of the common intention of the accused . there can be no doubt that if an individual accused had committed all the injuries sustained by either of the deceased, the act amounted to murder as defined in s 300 indian penal code both the deceased died as a direct result of the injuries, the 1st deceased within about an hour ..... injury that is sufficient to cause death in the ordinary course of nature then the intention is to kill and in the event the "thirdly" would be unnecessary because the act would fail under the first part of the section'. "to put it shortly, the prosecution must prove, the following facts before it can bring a case under s. .....

Muhammad HussaIn Bhai and anr. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : (1960)IILLJ664MP

..... the realization is by way of collecting the dues.18. in the result, the reference by the learned additional sessions judge is disposed of with a direction that the learned magistrate should hold further inquiry into the subject-matter of the complaints in view of the prima facie case made out under section 406. indian ..... section 432, criminal procedure code, to the high court, because the scheme is not 'an act, ordinance or regulation.'4. the application in revision filed before the learned additional sessions judge, ujjain, from his order, could have been treated as one for further inquiry; but he held that the city magistrate, ujjain, should have made a reference to ..... the high court under section 432, criminal procedure code. as he failed to do so, the learned additional sessions judge has himself done be.5. the questions before us are, firstly, .....