Court : Supreme Court of India
Decided on : Apr-04-1960
Reported in : AIR1960SC919; [1960(1)FLR34]; (1960)IILLJ222SC; [1960]3SCR441
..... intervene and set aside such termination. further it held that where the termination of services is capricious, arbitrary or unnecessarily harsh on the part of the employer judged by normal standards of a reasonable man that may be cogent evidence of victimisation or unfair labour practice. we are of opinion that this correctly lays down the ..... service simpliciter took place. many standing orders have provisions similar to paragraph 522(1) of the bank award, and the scope of the power of the employer to act under such provisions has come up for consideration before labour tribunals many a time. in buckingham and carnatic company ltd., etc., v. workers of the company, etc. ..... respondent and as the chief cashier had withdrawn the guarantee of the respondent, the bank decided without apportioning any blame between the chief cashier and the respondent to act under paragraph 522(1) of the bank award. it is urged that paragraph 522(1) of the bank award is particularly meant to meet situations like .....
Tag this Judgment!Court : Rajasthan
Decided on : May-12-1960
Reported in : AIR1961Raj243
..... learned counsel upon sub-rule (3) of order 21, rule 40 and the proviso to that sub-rule. the sub-rule runs as follows:'(3) upon the conclusion of the inquiry under sub-rule (1), the court may, subject to the provisions of section 51 and to the other provisions of this code, make an order for the detention of the ..... .4. learned counsel for the respondent also gives an undertaking that the balance of the decree will be paid before the period fixed under the order passed by the district judge expires, namely that the entire decretal amount should be paid by the end of may. in these circumstances, we think that there has been a substantial compliance with the ..... , c.j. 1. this appeal has been presented by the decree-holder and is directed against the order dated 1st december, 1959, passed by shri sohan nath modi, district judge, kotah. it arises out of an execution case in which the decree-holder prayed for execution of the decree by arrest and detention in prison of the judgment-debtor budhsingh .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-04-1960
Reported in : AIR1960Cal582,64CWN861
..... be interfered with in appeal. on this particularquestion, the position in law is well-settled. it is true that ordinarily, the discretion, exercised bythe learned trial judge, is not, --and is not tobe --interfered with in appeal. but that rule isnot an absolute one and it has its exceptions. thelaw on the point ..... the case of brojo gopal roy v. amar chandra : air1929cal214 and the subsequent bench decision in the case of : air1935cal35 , in which latter case, the learned judges characterised couch c. j.'s definition as 'antiquated' and pleaded for a broader and more liberal and progressive outlook.14. the supreme court, also, in the case ..... of this decision is challenged in this appeal.27. what, indeed, was meant by the learned judge by the expression 'temporary licence' is not very clear. under the act in question, namely, the west bengal cinemas (regulation) act, 1954, (west bengal act xxxix of 1954), and the relevant rules, framed thereunder, namely, the west bengal cinemas (regulation .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-08-1960
Reported in : AIR1961Cal443,65CWN69
..... never before this, did the chairman or anybody on behalf of the company demand the return of the share register from the corporation. on 23rd may 1968 the corporation offered to return the register of members and most of the other documents demanded by the chairman, but no immediate effort was made by the ..... of the respondents was no doubt oppressive to the company and to the applicants' minority share holding in the company. section 39 of the life insurance corporation act clearly envisages distribution, of the compensation money amongst the share-holders of the (insurer) company whose controlled business has been transferred to and vested in the corporation ..... kalyani paul and anupama kundu each holding 50 shares aggregating 200 shares. 7. the applicants have applied under sections 397, 398, 402 and 403 of the companies act, 1956, for the reliefs mentioned in the petition with notice to central government as required, 8. it is significant that none of the director respondents have affirmed .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-25-1960
Reported in : AIR1962Cal27
..... which unless justified at the trial of the action would be one in which a jury would give the plaintiffs substantial damages.19. the majority of the judges of the court of appeal observed as follows:'the subject-matter of an action for defamation ,is so special as to require exceptional caution in exercising the ..... than torts to property only, which in alarge number of cases are remediable by moneycompensation.' 32. the learned author also refers to section 55 of the specific relief act and in particular to illustration (e) thereto.33. mr. mukherji next; contended that the petition does not show that unless injunction is granted, the plaintiff will ..... the like effect which are defamatory of the plaintiff.2. this suit was filed on june 13, 1960, by the plaintiff, a company incorporated under the indian companies act and having its registered office at no. 15, chittaranjan avenue, calcutta, within the jurisdiction, of this court. the defendant is described in the plaint as the printer .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-29-1960
Reported in : AIR1961Cal383
..... of the act applied to common carriers which very point was decided differently by the judicial committee of the privy ..... to public policy and void under section 23 of the contract act, as it would be against the interest of the mercantile community and not in interest of the common carrier. in short the learned judge was of the opinion that section 148 of the contract act included bailment for carriage and as such sections 151 and 152 ..... council as has been stated before. the privy council decision has since been uniformly followed in different cases and with due respect to the learned judge i cannot, in the circumstances, persuade .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-17-1960
Reported in : AIR1963Cal163
..... 1923 cal 49. . in this case a jgrant entitled a licences to an exclusive right tocatch elephants within defined tracts and for a specified period. the learned judge observed that though every breach of duty arising out of contract gives rise to an action for damages without proof of actual damage, the amount of damages recoverable ..... was, as a general rule, governed by the extentof the actual damage sustained in consequence of the defendant's act. in cases admitting of proof of such damages, the amount must be established with reasonable certainty. but this does not mean that absolute certainty is required; nor ..... of bills and postage expenses.12. assuming that the defendant bank was an agent of the plaintiff with regard to re-shipment or storage or insurance it acted in accordance with the directions of the plaintiff with all reasonable skill, care and diligence in the extraordinary or peculiar situation during the material period. in any .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-23-1960
Reported in : AIR1961Cal461,1961CriLJ204
..... she brought a fresh complaint on the same facts against the accused and the magistrate to whom the complaint had been transferred for disposal, after a preliminary inquiry, summoned the accused. after the evidence had been taken the accused pleaded before the magistrate that no charge should be framed as he had been discharged of ..... this is strong prima facie evidence indicating forgery, and this circumstance naturally could not be considered either by the earlier chief presideny magistrate or by the learned judge of the high court who dealt with the earlier revision case. this circumstance by itself would be sufficient to give jurisdiction to the present chief presidency magistrate ..... signatures of sri n.r. sarkar.30. now while it is competent on the part of a judgs or a magistrate to compare the disputed signatures with the admitted signature for himself, vide section 73 of the indian evidence act, it is unsafe to rely entirely on such personal comparison. reference may be made in this .....
Tag this Judgment!Court : Kolkata
Decided on : May-17-1960
Reported in : AIR1961Cal144,[1961]31CompCas45(Cal),64CWN828
..... the company was presented to the court. two of the directors were in favour or liquidation and the third against it. construing the memorandum of association, the learned judge said,'it is to be observed that, unlike a number of other cases, the reference to the specific venture in the memorandum of association is not an express ..... had to the question whether at the date of the transaction the company could have been wound up on the ground that its substratum had failed. the learned judge did not accept the suggestion and observed that:'the question whether or not a transaction is ultra vires is a question of law between the company and a ..... companies so that the registrar, before registering a memorandum of association, ought to consider whether the requirements of the act had been complied with and to refuse registration if he conceived that they had not. all the learned judges agreed that the memorandum of association being in the form it was. the transaction of underwriting could not be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-19-1960
Reported in : AIR1963MP9
..... suggested by my learned brother should be treated as a revision.shiv dayal, j.2. this appeal has been preferred from an interlocutory order passed by the additional district judge shajapur in case no. 260 (lunacy)whereby he has directed stay of all other suits and proceedings in which siddhnath is a party.3. biniyabai respondent no. 1 is ..... lays down that an appeal lies from 'any order made under this chapter'. the chapter begins with section 62 and ends with section 83. this chapter contemplates an inquiry by the court to ascertain whether the person alleged to be a lunatice is or is not so. as a result of this inquisition, the court is empowered ..... chapter' shall be appealable. to put it differently, the expression 'under this chapter' has reference to 'orders' and not to 'proceedings'. in chapter v of the lunacy act an order for staying other proceedings is not contemplated.6. here, rightly or wrongly, an application was made under section 151 of the code of civil procedure. i say nothing .....
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