Court : Andhra Pradesh
Decided on : Jul-07-1960
Reported in : AIR1961AP245
..... which will be o general application and courts have to guard themselves against laying down any principle which might in other cases work very great hardship.'the learned judge continued:'even in cases of two tanks in the same village the practice may differ according to the exigencies of the situation.'he also referred of passages in ..... the statute was to make more easy the establishment of rights of this description by allowing an enjoyment of twenty years, if exercised under the conditions prescribed by the act, to give, without more, a title to easements. but the statute is remedial and is neither prohibitory nor exhaustive,'in this case, it has been affirmatively established ..... the water in question was not flowing in a stream and as such the right of casement could not be acquired by reason of section 17 of the indian easements act, (2) since the plaintiffs have an alternative source of irrigation, there is no question of an easement of necessity which alone could be enforced; and (3) .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-07-1960
Reported in : AIR1961P& H109; (1960)IILLJ446P& H; (1960)IILLJ446P& H
..... corporation and not from the employer or other person.(ii) if the insured person dies as a result of the employment injury sustained as an employee under this act (whether or not he was in receiptof any periodical payment for temporary disablement in respect of the injury), dependants' benefit shall be payable at the rates and in ..... are entitled to the dependants' benefit. in order to determine this matter it is necessary to set out the relevant provisions of the employees' state insurance act. section 53 of the act is in these terms--'53. where an insured person is or his dependants are entitled to receive or recover, whether from the employer of the insured person ..... left a widow, amarjit kaur, and his aged parents. the widow remarried on the 25th of march, 1958. it seems, she never claimed dependants' benefit under the act. the present application was made by the aged parents. this application was opposed by the corporation on the ground that boota singh had left a widow and therefore the .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-09-1960
Reported in : (1961)ILLJ472Kant
..... recently remarked that at present they are passing through a twilight of natural justice. the concept of natural justice no doubt strongly appeals to the minds of lawyers and judges. it touches a sympathetic chord in us. it is in tune with our thinking. but unlike in america we do not have any due process clause in this ..... the same with the consent of the managing director or not there can be no doubt that he was contravening the provisions contained in s. 29 of the insurance act. even if i accept the version of sri melligatti that sri nalavadi, one of the directors, was also operating his account, that fact does not minimize the ..... directors and the moneys were drawn without the authority of the managing director and sometimes against the instructions of the board of directors. under s. 29 of the insurance act, loans or temporary advances either on hypothecation of property or on personal security or otherwise, except loans on life policies issued by the insurer within their surrender value, .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-22-1960
Reported in : AIR1960Kant313; AIR1960Mys313
..... the generality of the foregoing power, such rules may provide for-- (a) the procedure to be followed by controllers, the courts and the district judge in the performance of their functions under this act; (aa) the order of priority to be observed by the controller in selecting a tenant under clause (a) of sub-section (3) of ..... the respondent; the allotment in question was unsuccessfully challenged by the petitioner in h. r. c. appeal no. 10 of 1060 in the court of the district judge, civil station, bangalore. aggrieved by the orders of the tribunals below, the petitioner ahs come up in revision to this court.(3) before proceeding to examine the ..... such a contingency? section 3(3)(a) of the 'act' says :'on receipt of the intimation under sub-section (2), the controller shall, taking into consideration any representation made by the landlord and after making such inquiry as he considers necessary, select the state government or the central government or the central government or the government .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-1960
Reported in : AIR1962AP162
..... on the original side was tried by the small causes court. in a revision preferred under section 25 of the act it was held by the learned judge that since the decree of the court below was passed interfere in revision. it does not appear from a persual ..... (13) in their referring order it is observed by sankaran nair j. as follows at page 325:'i agree therefore with the learned judges in ilr 27 mad 477 that the principle of the express provision in sec. 646 (b) c.p.c. should be followed in ..... were over ruled by the district munsif, who passed a decree in favour of the plaintiff. on appeal by the defendant to the subordinate judge of eluru, this decree was set aside. the plaintiff applied to the high court in revision under section 622 c.p.c. (now ..... justice that the high court is not bound to allow the point to be taken for the first time in revision. the learned judge observed that as the point was being constantly taken for the first time in the high court in similar revision petitions, he .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-27-1960
Reported in : AIR1961AP387
..... 98/52 on the file of the said court.2. the o. p. in question was filed directly in the subordinate judge's court, guntur by the 1st respondent herein under section 18(1) of the land acquisition act (i of 1894) and under section 151, civil procedure code. the facts out of which this revision has arisen may be briefly stated ..... to the first respondent is enjoined on him by reason of section 18(1) of the act.10. in the circumstances, the remedy by filing an o. p. under the land acquisition act before the subordinate judge's court was clearly misconceived; the learned subordinate judge has no jurisdiction whatsoever to decide the points arising in the o. p. and that ..... in the property acquired by him, did not make a reference under section 18(1) of the land acquisition act.accordingly, the first respondent filed the present o. p. no. 98/52 directly in the court of the subordinate judge, guntur, praying to set aside the award made by the land acquisition officer, to declare the first respondent as .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-09-1960
Reported in : AIR1961Kant49; AIR1961Mys49; ILR1960KAR1100
..... recently remarked that at present they are passing through a twilight of natural justice.the concept of natural justice no doubt strongly appeals to the minds of lawyers and judges. it touches a sympathetic chord in us. it is in tune with our thinking. but unlike in america we do not have any due process clause in ..... the same with the consent of the managing director or not there can be no doubt that he was contravening the provisions contained in section 29 of the insurance act. even it i accept the version of sri melligatti that sri nalavadi, one of the directors was also operating his account, that fact does not minimise the ..... and the monies were drawn without the authority of the managing director and sometimes against the instructions of the board of directors.under section 29 of the insurance act, loans or temporary advances either on hypothecation of property or on personal security or otherwise, except loans on life policies issued by the insurer within their surrender value .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-13-1960
Reported in : AIR1961AP31
..... was whether the respondent could resist the appellant's suit for possession of the property though his claim for pre-emption was barred under article 10of the limitation act. the learned judge referred the matter to a bench for an authoritative pronouncement as he felt that the two sets of rulings relied on by either side in support of the ..... view.they held that where a suit for pre-emption by the defendant would be barred by limitation under article 10 of the limitation act, it could not form a valid ground of defence. the learned judges pointed out that the right of pre-emption is an inchoate right and in order to be completed it might be exercised and, ..... by the operation of section 28. except the above statement, there is no other discussion on this question nor have the learned judges considered the bearing of sections 54 and 60 of the transfer of property act on the enquiry before them. they also assumed that the right of pre-emption involved interest in the property, while in fact .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-12-1960
Reported in : AIR1960All637
..... fact of citizenship, much less of the fact of citizenship obtained otherwise than by voluntary acquisition, has certainly the effect of depriving the appellants' right without the inquiry guaranteed by the section, and therefore, amounts to an unreasonable restriction on the fundamental rights of the appellants under article 19 of the constitution of india.' ..... as to whether clause 3 of schedule iii was unconstitutional and the chief point raised by the andhra pradesh decision thus remains unanswered.what the learned judges of the patna court have done is to reject the application for grant of a writ on the ground that the mere obtaining of a pakistan passport ..... has not voluntarily acquired the citizenship of pakistan, and that consequently his indian citizenship should not be deemed to have terminated under section 9 of the citizenship act. he went to pakistan when he was only a minor unaccompanied by his guardian, and returned to india within about two months of his attaining majority .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-09-1960
Reported in : AIR1960MP378
..... have taken a registered envelope to the defendant and the defendant refused to accept it, whereupon he returned it with an endorsement to that effect. the learned trial judge held that substituted service which was alleged to be effected was not due and proper, but he dismissed the application as barred by time. the defendant took an ..... the date of the decree notwithstanding any irregularity in ordering that particular mode of service. 6. where service is ordered and effected in accordance with the provisions of the act, it does not matter, whether the defendant got actual knowledge of the suit or not. substituted service is as good and effectual as personal service. 10. in ..... for ordering such service existed.9. the true legal position may be summed up as follows:1. the expression 'duly served' in article 164 of the limitation act must receive a strict interpretation and it means service of summons in compliance with the provisions laid down in the code of civil procedure. 2. no order for .....
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