Court : Allahabad
Decided on : Apr-07-1960
Reported in : AIR1961All45
..... by him. here the charged officer was clearly informed of the statement of the witness by the record of the previous statement being read over at the inquiry. i am of opinion that the basic fact that rules of evidence are not applicable to these domestic tribunals and that they must conduct themselves in accordance ..... having been personally insulted, the suggestion is that the superintendent of police was practically in the position of the complainant himself. thus he was both the prosecutor and the judge.9. i have also been referred to ramesh chandra verma v. r. d. verma : air1958all532 . in this case the enquiring officer had expressed his opinion ..... contention. he points out that in this particular case the government had not only selected an officer against whom an allegation of bias was made butthe learned judges were satisfied that the chargedofficer.'was not given an opportunity much less a reasonable opportunity to establish his case of mala fides and that every genuine attempt made .....
Tag this Judgment!Court : Kerala
Decided on : Sep-14-1960
Reported in : AIR1961Ker197; (1961)ILLJ256Ker
..... , as well as the reasons or basis thereof, upon all the material issues of law or facts presented on the record.also section 12 of the english tribunals and inquiries act, 1958, requires reasons for such a decision as is mentioned in paragraph (a) or (b) of sub-section (1) of the section, whether given in pursuance ..... order would not be fatal to its legality, nor the error can be made a ground for invoking this court's powers under article 226. the learned judge hearing the writ petition, considered the question of petitioner's being a member of the public services to be of sufficient importance and has referred the case to ..... departmental branch post master at erumapramattom, erattupetta, meenachil taluk. by the order of the inspector of post offices, kottayam, he was temporarily removed from the service, pending inquiry into the failure to credit in the accounts the value of v. p. articles, and criminal prosecution was also launched against him in connection with the aforesaid failures to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-03-1960
Reported in : AIR1961P& H472
..... person claiming under them unless it is confirmed by the custodian under this section.(2) * * * *(3) * * * *(4) the custodian shall hold a summary inquiry into an application, which is not rejected under sub-section (3), and may decline to confirm the transaction if the transaction is not evidenced by a document in writing registered ..... into consideration when determining whether the transaction was entered into in good faith or not.in my view the bona fide of the transaction is to be judged from circumstances other than the circumstance that the transferor may at some subsequent date become an evacuee. i, therefore, hold that the deputy custodian general was ..... jurisdiction to scrutinise a transaction with an evacuee and that this right of scrutiny was given for the first time by the administration of evacuee property (amendment) act (act 2 of 1953), that is, after the present transaction had been entered into.it, therefore, follows that the deputy custodian general was in error in taking .....
Tag this Judgment!Court : Chennai
Decided on : Mar-04-1960
Reported in : AIR1961Mad285; [1961(2)FLR94]; (1960)IILLJ430Mad; (1960)IILLJ430Mad
..... for the purpose of showing the purported sale of business to the limited company.in view of the fact that we propose to remit the matter for further inquiry before the industrial tribunal it may not be proper for us to express any opinion on the probative value of the various pieces of evidence placed before ..... the rights of the workers. we are unable to accept this as a correct statement of the law irrespective of the other facts found by the learned judge. the learned judge himself expressed his opinion in one place that if the concern had been closed and the employer and employee relationship had been determined, other relevant factors would ..... conciliation officer reported about his failure to bring about conciliation. thereupon the government of madras in exercise of their powers under section 10(1)(c) of the industrial disputes act, xiv of 1947, referred the dispute on 7-7-1953 to the industrial tribunal, madras, for adjudication. in the order of reference the dispute was described thus .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-21-1960
Reported in : AIR1961P& H234; [1962]32CompCas454(P& H)
..... , found that respondent no. 2 is not liable as the subject-matter of the loss was not covered by the perils insured against. the learned district judge, in appeal, affirmed the decree of the subordinate judge. the plaintiff has come in second appeal to this court and has claimed that a decree should be granted also against the second respondent, the hanover .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-22-1960
Reported in : AIR1960P& H490
..... had failed to prove payment of certain amounts to doctor parkash chand for his visits and for supply of medicines yet the learned trial judge has allowed rs. 300 under this heading. i see no ground to interfere with this award. the failure to prove the payment ..... time of the accident. the elbow even if slightly outside the bus could not cause the injuries suffered by the plaintiff. the trial judge went to the spot and tried to get the scene of the accident re-enacted. he then came to the conclusion that the ..... he should have waited for the rickshaw to give him the required passage. this he did not do and in my view thus acted negligently.(10) for these reasons i am of the opinion that the defendant-driver was guilty of negligence in the present case as ..... his car to avoid the danger of a collision. in my view if a driver does not take this precaution then he is acting negligently. in the present case natha singh had seen the rickshaw going ahead of him. there was no other traffic at that time .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-20-1960
Reported in : AIR1961P& H253
..... got himself admitted in the hospital at amritsar but he did not see him there, and only met dr. amir-ud-din under whose treatment he was. on his inquiry, dr. amir-ud-din had told him, that diwan balkishan was suffering from pulmonary tuberculosis, and that an operation had been performed on his lungs. he also remembered ..... w. 6 dr. sujindar singh and p. w. 7 lal chand both of whom had treated diwan balkishan prior to his death. the conclusion of the senior subordinate judge was, that it had not been established that the deceased had suffered from any serious ailment between 12th of november 1944 to 9th of november 1948 and, therefore, it ..... or arrangement of the words employed, and the language of the contract is already written out, and is selected with great care and deliberation by expert legal advisers acting exclusively in the interest of the insurance company. this is specially so with regard to the provisions of a life insurance policy, which exempt the insurer from liability .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-19-1960
Reported in : AIR1960Raj224
..... page 237) says,'further, the principle excludes anything like a solatium for mental suffering and anguish for the loss of the deceased, for that would lead to awkward inquiries as to the claim of a child who was unborn, unfilial or a lunatic'.the principle is amply supported by authorities to which we need not refer. the learned ..... deprivation of his limb, there is hardly any doubt that it must seriously interfere with his earning capacity. in the circumstances the discretion exercised by the learned district judge in granting him compensation of rs. 15,000/ for loss of earning is not quite speculative, but is based upon the background of his pecuniary status and his ..... in rajasthan on the 24th of january, 1950, and could not have any retrospective operation. the learned district judge held that article 21 of the limitation act of kotah state read with section 21 of the kotah state civil courts act, 1945, enabled the court in a case which was not provided for by any other law for the time .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-19-1960
Reported in : AIR1961AP7; [1960]39ITR636(AP)
..... observed as follows:'the decision relates to sections 13 and 14 of the excess profits tax act, read with section 44 of the income tax act, as adapted by the central board of revenue and it is extremely unfortunate that the learned judge should have been told that the law applicable to cases of excess profits tax was the ..... based on the special features of sections 13 and 14 of the excess profits tax act, which are substantially different in relevant material aspects from the provisions of the income-tax act regarding a partnership, which was concerned in that case. the learned judge of the madras high court has himself observed as follows:'unlike the machinery provided under ..... same as that under the indian income tax act. apparently on that statement being made without protest from the respondent, the learned judge did not consider it necessary to compare the provisions of the two acts. if such a comparison is made, it will be found at once that, taken .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-01-1960
Reported in : AIR1961AP13
..... c. g. srinivasulu naidu filed o. p. no. 76/2/56 for the grant of letters of administration under section 218 of the indian succession act in the court of the district judge, secunderabad for the property of mrs. radhahai their mother. these petitioners in o. p. no. 76/2/56 impleaded mrs. revathamma their step sister ..... abhiram dass v. gopal dass, ilr 17 cal. 48 where a divisional bench has been considering the order of a district judge admitting the respondent as a caveator under section 69 of the probate and administration act (v of 1881). therein, it is found at p. 52. 'a person disputing the right of a. deceased testator ..... munikanniah, j.1. this revision petition is directed against the order of the learned district judge, secun-derabad, who considered that rule 46 of the rules framed by the hyderabad high court under the indian succession act (act xxxix of 1925) in respect of applications for probate, letters of administration and succession certificates has become applicable, and that .....
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