Court : Orissa
Decided on : Aug-05-1960
Reported in : AIR1961Ori137
..... the courts below, for different reasons, did not countenance the contention that the will had not been properly proved.the appellate court relied upon section 70 oe the evidence act to hold that execution of ext. 1| had been admitted on the defendant's side, and so non-examination of any of the attesting witnesses was immaterial. though ..... appointee holds his position, until the appointment has been declared to be a bad appointment and invalid*. the learned judge would give this right of declaration absolutely to the appointer. the facts of the case before the learned judge might have justified that view. but i am not prepared to accept it as a general rule of law governing ..... , the plaintiff brought a suit against defendant no. 1 for declaration that he was not in his proper senses and was incompetent to act as the mahant and; that the plaintiff, as his legal heir -and successor, was entitled to act as the mahant in his place, having been nominated by a valid will which had long since been .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-05-1960
Reported in : AIR1960P& H653
..... facts which were available but were not pleaded. this view was dissented from in pathikonda gopala rao v. nagiri pedda kitamma, (s) air 1955 andhra 138, where the learned andhra judge held that when the other party could be compensated by costs, or other proper terms, the amendment ought not to be refused on the sole ground of delay or negligence .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1960
Reported in : AIR1960SC964; [1960]3SCR842
..... , that the purchasers at an execution sale, being strangers to the suit, if they have not notice that the debts were so contracted, are not bound to make inquiry beyond what appears on the face of the proceedings'. the first proposition which has been laid down in this judgment as deduced from kantoo lal's case (1874) l ..... by respondent 2. in the result the suit filed by the appellants was decreed. against the said decree respondent 1 preferred an appeal before the district judge, but the district judge agreed with all the findings made by the trial court and dismissed the said appeal. respondent 1 then took the matter before the high court of saurashtra ..... was right in giving the decree, or having given it, in putting up the property for sale under an execution upon it. evidence showed that the auction purchaser acted bona fide, had made enquiries and was satisfied that the decree had been properly passed and purchased the property at auction sale on payment of valuable consideration. on .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-23-1960
Reported in : AIR1961Raj231; 1961CriLJ691
..... the provisions relating to disposal of property are contained in chapter xliii of the criminal procedure code. the various sections contemplate orders of the court in connection with inquiries and trials. a move before a magistrate for the proper custody of property during the course of investigation by the police does not fall within the ..... the purpose of proceeding, in a particular way as indicated in the subsequent provisions of this chapter,--proceeding under/section 200, and thereafter sending it for inquiry and report under/section 202. when the magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this chapter but for ..... administrative order whereas the non-acceptance of the report and taking cognizance of an offence will give rise to judicial proceedings. the learned judge concludes that a magistrate can be regarded (to act judicially only if he takes cognizance of an offence under section 190 cri, p. c. and not until he does so. agreeing .....
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 .....
Tag this Judgment!Court : Kerala
Decided on : Oct-28-1960
Reported in : 1961CriLJ98
..... or twice when he met them as to happened, but neither of them would give proper reply.5. on these facts, which he regarded as prov-ed.the learned sessions judge found all the three accused guilty under section 120b read with section 420 of the indian penal code, for this offence he imposed no separate; sentence, apparently in view ..... in the way of the accused proving, if they could, that there was no such '-likelihood.supposing the charge had said, copying the language of section 415, that the act which pws. 18 and 28 were induced to do was likely to cause them damage or harm in body, mind, reputation or property, that would have been a perfectly good ..... it should be, for, to be cheated just as much as to cheat, involves the exercise of mental faculties - the victim has to be deceived and thus induced to act - of which only a natural person is-capable. strictly speaking therefore an artificial person like a corporation cannot be cheated; it is always the human person through whom it functions .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-26-1960
Reported in : 1960CriLJ1588
..... order is made. but the question whether such grounds can give rise to the satisfaction required for making the order is, as observed above, beyond the scope of the inquiry under section 491 of the cr.pc on the other hand, the question whether the vagueness or indefiniteness of the statement furnished to the detained person is such as ..... the order was mala fide. the petitioner was acquitted as stated in the ground itself not because there was no basis for the charge against him but because the learned judge who tried him found that the case against him was not beyond reasonable doubt, and, therefore, the benefit of that reasonable doubt bad to be conferred upon him. ..... the sabarmati jail at ahmedabad since 4-3-1960 under an order dated 4-3-1960 passed by the district magistrate ahmedabad, under section 3 of the preventive detention act, being act iv of 1830. the grounds upon which order was issued were furnished to the detention the same day. on the 12th of match i960, the then government of .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-29-1960
Reported in : AIR1961AP208; 1961CriLJ612
..... such parties to a right to possess the subject, of dispute, peruse the statements, documents and affidavits, if any, so put in, hear the parties and conclude the inquiry, as far as may be practicable within a period of two months from the date of the appearance of the parties before him and, if possible, decide the question ..... observed by subba rao c. j. (as he then was) in : air1955ap99 referring to the intention spelled out by the learned judges in : air1951mad500 , in support of their interpretation, it is apparent 'how the history and the progress of the legislative provision is indicative of any such intention on the ..... , we do not think that this is the proper view to take of the compelling provisions, because to do so would be to confuse the administrative desideratum of acting with speed and promptitude with the necessity and duty to interpret the legislative intent as manifested by the clear and unambiguous language used in the section. nor, as .....
Tag this Judgment!Court : Orissa
Decided on : Feb-04-1960
Reported in : AIR1961Ori22
..... kiernander v. benimadhab their lordships held,'when there is no positive evidence that the attachment is not effected in accordance with law, the presumption that attaches to official acts as regards their regularity cannot be ignored.'as i have already observed, there is no positive evidence in the present case that some of the procedures laid down ..... is free to reverse the findings if it thinks that the inference made by the trial judge is not justified.'the learned appeal court, in coming to a different finding on the passing of consideration, appears to have acted within the aforesaid dictum.12. in the result, i find no merit in the present appeal which is ..... a nullity.....the court's act of attachment is in itsnature such as would affect the interest of innocent third parties if it is declared invalid. consequently the case is one which would attract the application of rule enunciated by maxwell on the interpretation of statutes at page 326 referred to above. judged in the light of that .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-07-1960
Reported in : AIR1961P& H105
..... from taking part in electoral rolls. in other words, it would be tantamount to disenfranchising otherwise qualified persons by omitting their names from the electoral rolls. the learned judge came to the conclusion that the current assembly rolls, even after they had been arranged ward-wise, were imperfect, as they were not the rolls prepared in accordance ..... me.next, reference was made to konjiti venkateswarlu v. district panchayat officer, air 1958 andh pra 252. after the amendment of section 21 of the madras village panchayats act, the district panchayat officer had allotted to the first ward the extra seat necessitated by the president of a panchayat also having to be a member. the result ..... relator is a fit person to be entrusted with the writ. he must not be disqualified by having acquiesced or concurred in the, act which he comes to complain of or in similar acts at former elections.in the first place, in the present case it has not been shown that elections can be set aside on the .....
Tag this Judgment!