Court : Orissa
Decided on : Aug-30-1960
Reported in : 1961CriLJ689
..... of each case. the nature of corroborative evidence should be such as to lend assurance that the evidence of the prosecutrix can be safely acted upon,8. in the present case the learned sessions judge appears to have been satisfied from the demeanour of p.w.i in the witness box that she was speaking the truth and he rightly ..... . subsequent conduct, by itself although important, is not enough, because a witness cannot corroborate himself. in such cases the judge is bound to tell the jury that it is a rule of the court not to act on the evidence of the complainant without some corroboration and where there is no corroboration to direct them that their proper course ..... believed her evidence. it is yet to be seen whether the circumstances in this case lend assurance that the evidence of the prosecutrix can be safely acted upon. before actually .....
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 : Orissa
Decided on : Mar-30-1960
Reported in : AIR1960Ori199; 26(1960)CLT346
..... properties should also be partitioned in accordance with the shares mentioned above. 3. the three unsuccessful alienees, filed appeals before this court against the aforesaid judgment of the learned subordinate judge. f. a. no. 32 of 1951 was filed by defendant no. 28, srimati rammamani hota, f. a. no. 56 of 1951was filed by srimati rahasmoni dei (defendant no ..... moveable or immovable, execute the documents on our behalf for the following among other purposes, that you, as the head of our joint hindu family has to meet and act: (i) to liquidate old and subsisting debts or liabilities incurred by you or your father on account of our joint family trade and business. (ii) to undertake or ..... to make enquiries into the necessity for the loan, as well as he can, with reference to the parties with whom he is dealing, whether the manager is acting in the particular instance for the benefit of the estate. on the question as to whether the alienation was for the benefit of the estate the lower court is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-09-1960
Reported in : AIR1961P& H3
..... however, not like to burden the petitioner with costs of these proceedings.7. coming now to c. r. no. 426-d of 1958 the learned subordinate judge has, in my opinion, acted with material irregularity in holding that merely because the finding with respect to the incompetency of a suit for gratuity has been given, the suit should he ..... amended claim was barred by time on the date when the amendment was sought.9. in view of what has been stated above, inmy opinion, the learned subordinate judge actedwith material irregularity in the exercise of jurisdiction in refusing to allow the amendment claimed. i would, therefore, allow this petition andsetting aside the order of the learned ..... of gratuity holding that gratuity is a matter in the discretion of the government and cannot be claimed as of right. as a result of this finding, the learned subordinate judge on 12th may, 1958, adjourned the case, for framing issues on the merits of the remaining claim, to 19th may, 1958. it is this order of 12th .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-1960
Reported in : AIR1961SC181; 1961CriLJ317; [1961]1SCR676
..... the administration of justice.' section 476 empowers any civil, revenue or criminal court when it of the opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in s. 195(1)(b) or (c) which appears to have been committed in or in relation to a ..... lies, to the principal court having ordinary original civil jurisdiction within the local limits of whose jurisdiction such civil court is situate. the decrees of a single judge of the high court exercising civil jurisdiction are ordinarily appealable to the high court under clause 10 of the letters patent of the allahabad high court read with ..... making a complaint under s. 193, indian penal code, against phanish tripathi alleging that a certain statement in an affidavit filed by the latter was false. the learned judge who heard this application holding that the appellant had not succeeded in showing that any portion of the affidavit of tripathi filed on may 14, 1959, was false, .....
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 : Kerala
Decided on : Feb-17-1960
Reported in : 1961CriLJ109
..... a court or a judge of the court into contempt, or to lower his authority, is a contempt of court. that is one class of contempt. further any ..... act done or writing published calculated to obstruct or interfere with the due course of justice or the lawful process of the courts is a contempt of ..... as against the public, not the judge, an obstruction to public justice; and a libel on a judge, in order to constitute a contempt of court, must have been calculated to cause such an obstruction. 7. in bex v. gray, 1900 - 2 qb 36, lord russell, the then lord chief justice of england says:any act done or writing published calculated to bring .....
Tag this Judgment!Court : Chennai
Decided on : Aug-22-1960
Reported in : (1960)2MLJ555
..... to grant an injunction in regard to matters between the landlord and the cultivating tenant except in cases where the revenue divisional officer is exclusively empowered by the act. the act itself does not provide for the adjudication of disputes between the landlord and the cultivating tenant in all matters. in other words, it is not a code ..... set aside ex parte orders. that question was answered in the negative by basheer ahmed sayeed, j. the learned judge held that a revenue divisional officer acting under act xxv of 1955 was not a court having any inherent jurisdiction and that the rules of the civil procedure code would not in general apply to the proceedings ..... of 1955 except in so far as they have been specifically incorporated into that act. after the decision was rendered the rule-making authority added clauses (d) to (i) alone. that shows that the rule-making authority accepted the decision of the learned judge and provided only for a few of the cases provided in the code of .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-18-1960
Reported in : AIR1962Kant17; AIR1962Mys17
..... court being substituted as evidence in the case to the defendant of the parties because of the fact that they have no right to test the correctness of the learned judge's observation at the time of the inspection by means of cross-examination.(7) in the result, this appeal is allowed. the decree and judgment passed by the ..... of the defendants and if that is so, it also follows, that the defendants can build upon the said wall and open windows and ventilators.(4) the learned district judge bases his discussion mainly on his personal inspection. that part of the judgment which is relevant for the purpose runs thus:'there was a personal inspection made by necessary ..... put up the window and ventilator in their own wall. the learned district munsiff, bellary, who tried this case, dismissed the plaintiff's suit but the learned district judge bellary upheld the plaintiff's contention and granted him a decree as prayed for. he ordered that the defendants have no right to put up the windows o and p .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-27-1960
Reported in : 1961CriLJ673
..... magistrate received information that the accused had gone to the place where they had bound themselves not to go. now it is obvious enough that in such a case an inquiry was necessary and that required a notice to the surety.6. the case reported in air 1928 cal 261 has no application here because that was a case of a ..... of a dacoity case and if the accused did not appear, the petitioner incunred a serious penalty. however, since he subsequently got the accused re-arrested and, as the trial judge himself observed, the surety was diligent i think the ends of justice would be served if the amount of penalty is reduced to rs, 300/-. this revision is partly allowed ..... and prayed that a non-bailable warrant be issued. that was done, the surety got him rearrested and the trial proceeded further. however, after hearing the surety, the trial judge ordered recovery of rs. 500/- from him.2. it is urged by shri nagarkar that bail bond could not be forfeited on the 2nd june nasmuch as no prior notice .....
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