Court : Karnataka
Decided on : Sep-10-1960
Reported in : AIR1961Kant106; AIR1961Mys106
..... prospects of that candidate's election, from any person in the service of the government and belonging to any of the following classes, namely :-- (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the union; (d) members of the police forces; (e) excise officers; (f) revenue officers including village accountants, ..... not a commission armed with powers to inquire into and suppress corruption. to use the language of that eminent judge, the late mr. justice willes, 'no amount of evidence ought to induce a judicial tribunal to act upon mere suspicion to imagine the existence of evidence which might have been given by the petitioner, but which he ..... h 192, grove j., said this: 'i think it highly desirable that in election inquiries the law of principal and agent should be, as it is, rather one of facts than of distinct rules; for this reason, thai when the judges have laid down a rule as to whnt constitutes agency, in the next election petition which .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-29-1960
Reported in : AIR1962AP29
..... there was no evidence let in on behalf of the appellants to show that the girl when making the adoption was not qualified to do the act.the learned judges held that having regard to the circumstance that the adoption came to be questioned after so many years it was impossible to expect anything more than ..... and their lordships, after referring to a variety of considerations, -- the transfer of the adopted son from his natural home to his adopted home; his recognition after inquiry, by the legal authorities; proceedings in which the plaintiff himself had acknowledged the adopted boy's right; the dilatoriness of the plaintiff in preferring his claim-- expressed of ..... date of the will and he played a prominent part in the registration of the document. d. ws. 2nd 3 gave straightforward evidence and the learned trial judge has no hesitation in accepting their testimony.(16) learned counsel for the plaintiff relied upon the non-production of the will as a strong suspicious circumstance against its .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1960
Reported in : AIR1961All245
..... b. d. 627. in this case again the meaning of the expression 'final judgment' in section 4, sub-section (1) (g) of the same act came up for consideration before the learned judges. in this judgment the earl of selborne, l. c. expounded its meaning in the following words : 'to constitute an order a final judgment nothing more is ..... of the suit, and as after, the decision of the high court that can never be disputed again, their order is final, notwithstanding that there may be subordinate inquiries to make,' (p. 4.) 19. the above two cases of the privy council can no doubt be justifiably invoked to lend some support to the contention on behalf ..... therein. 63. in : air1954cal424 it was held by chakravartti, c. j. that 'the word 'judgment' was not intended to bring in orders, not final.' the learned judge in his judgment, which i may say with respect, is highly illuminating and instructive, referred to the internal indications in the constitution itself pointing to that conclusion. in this .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-1960
Reported in : AIR1962All461
..... the parties also centred round the aforementioned two questions and there was difference, as i have already indicated, between the two learned judges who constituted the bench hearing the appeal.17. in order to appreciate the scope of the argument raised on behalf of the defendant ..... pronouncing on the prospective or retrospective effect of the amendment brought about in section 80 by act vi of 1948.23. if we were to check the validity or judge the validity or invalidity of the notice at the time of the filing of the suit ..... was, was the date of the cause of action and that the amended act could not be applied in order to determine that question. it was further held by the learned judge that though the provisions of section 80 were procedural in their effect yet the ..... then we would, in effect, be expecting the plaintiff to have done something which the law at the time when he did the act did not .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-1960
Reported in : AIR1960All692
..... are not in dispute. the respondents fifed a suit against the appellants under section 29 of the indian patents and designs act. the suit was filed in the court of the district judge and the prayer was to restrain the appellants and their servants and agents by a permanent injunction from infringing certain patents ..... final disposal of original petitions or proceedings in execution. preliminary or interlocutory judgments which were appealable according to him were decisions which 'ascertain rights and direct further inquiries which determine liabilities though further directions are given for ascertaining the measure of those liabilities.' it thus appears that the real distinction between an 'interlocutory judgment' and ..... under the c. p, c., if this order which is sought to be appealed against - in the present case had been passed by a district judge or civil judge in appeal as has been done by mr. justice vishnu datta it would not have been appealable. 66. the importance of the order to one .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-1960
Reported in : (1961)IILLJ717All
..... has been convicted under section 80 of the factories act (hereinafter referred to as the act) and rule 110 of the rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of rs. 100. he filed a revision application before the learned sessions judge who refused to make a reference to this court and ..... rejected the application. thereafter the petitioner filed a revision application in this court under section 439, criminal procedure code, which came up for hearing before a learned single judge. on a reference being made by him to a larger bench, the matter has come before us. the only submission that has been made on behalf of ..... knowledge. in emp. v. zamin a.i.r. 1932 oudh 28, the word 'knowledge' came up for interpretation in connexion with a criminal case and the learned judge observed as follows:without going into a metaphysical discussion of the nature of knowledge, we may say that for practical and legal purposes 'knowledge' means the state of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-17-1960
Reported in : AIR1961MP223
..... were registered as miscellaneous civil applications nos. 48 and 49 of 1956. by the order, dated 13-7-1956, the trial court was directed to hold an inquiry into the allegations made in the affidavit about the illness of the plaintiff.after the receipt of the findings, the learned additional judicial commissioner finally dismissed the applications ..... , excluded the period between the correct date of the decree and the incorrect date shown in the decree due to a mistake of the court. the learned judge, adopting the maxim actus curiae neminem gravabit, held the execution application to be within time by excluding the period, which was wasted due to the wrong action ..... upon an artificial legal fiction relating to the phrase 'date of decree' occurring in article 182(1) of the limitation act due to the operation of order 20 rule 7 of the civil procedure code. the learned judges constituting the full bench in ilr (1955) nag 791 (supra) pointed out the impropriety of filing an application for a .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-16-1960
Reported in : 1961CriLJ122
..... cr. p.c. the special judge must be deemed to be empowered, by necessary intendment, to frame a ..... charge.6. in my opinion the special judge cannot fey an accused without framing a charge. it is obvious ..... the trial without it.it is true that the act does not provide for framing a charge and in the cri. p.c. also there is no provision for a sessions judge to frame a charge, although he may add, alter or amend the charge framed by the inquiry magistrate. if a trial under the act is to commence under section 271 of the .....
Tag this Judgment!Court : Orissa
Decided on : May-02-1960
Reported in : AIR1961Ori1; 1961CriLJ124
..... made out by pareswar in his petition for disciplinary action against the said advocate mr, nanda.5. it will be sufficient to observe that neither the learned district judge, to whom the reference was made for enquiry and report, nor the bar council considered the matter in the light of the provisions of the rules applicable to ..... party nilagiri. they both over-looked the clear provisions of the rules relating to professional conduct made under the bar councils act. it is on this ground alone that the findings of both the learned district judge and the bar council cannot be relied upon for decision of the case, with the consequence that we have to consider ..... rules to prescribe the procedure to be followed by tribunals and by district courts respectively, in the conduct of inquiries under section 10, we are called upon to decide this case within the ambit of the indian bar councils act and the rules made thereunder.it is also noticed that in some of the high courts, including calcutta high .....
Tag this Judgment!Court : Orissa
Decided on : Sep-06-1960
Reported in : AIR1961Ori118; 1961CriLJ130
..... the complaint under section 203 criminal procedure code on november 17. 1953. thereafter, the defendant complainant filed a criminal revision petition in the court of tho sessions judge which was also dismissed on april 6, 1954.the plaintiffs (who were complained against) attended the investigation, the preliminary enquiry before the deputy magistrate, ..... engaged lawyers and produced their evidence before him in support of the defence and also appeared before the sessions judge through their lawyer and defended the case. the plaintiffs surrendered before the sub-divisional magistrate on account of their apprehension of arrest by the police ..... proceedings 'have reached the stage at which damage to the plaintiff results'.if the damage is invited by the plaintiff him-self, by his voluntary act of attending the enquiry, certainly the defendant complainant is not liable on the ground that volenti non fit injuria. inother words, the alleged damage is .....
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