Court : Supreme Court of India
Decided on : Feb-12-1960
Reported in : AIR1960SC706; 1960CriLJ1020; [1960]3SCR1
..... say that grievous hurt was only an aggravated form of hurt, and that the liability of the accused did not cease, if he committed an act which resulted in a simple hurt. indeed, the learned judge did not tell the jury that even if they held that the accused did not cause a grievous injury, it would be open to them ..... facts were compatible with his guilt. so far as this direction went, nothing can be said against it. the judge next proceeded to explain what was meant by the expression 'fact proved'. he paraphrased the definition of 'proved' from the evidence act. in dealing with this topic, he omitted to explain also the expressions 'disproved' and 'not proved'; but that ..... unjustified or that he wrongly influenced the jury against the witness. it must be stated here that the learned judge had cautioned the jury that they were not bound by his opinion on a question of fact and were free to act on their own opinion. 24. this brings us to the medical evidence. the two doctors of importance who .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-14-1960
Reported in : AIR1960SC845; [1960]3SCR250
..... had been decided that the province of bengal and punjab shall be partitioned. accordingly, a boundary commission was appointed, inter alia, for bengal consisting of four judges of high courts and a chairman to be appointed later. sir cyril radcliffe was subsequently appointed as chairman. so far as bengal was concerned the material terms ..... of chandernagore to india, and as from that date the government of india assumed control and jurisdiction over chandernagore under s. 4 of the foreign jurisdiction act, 1947 (act 47 of 1947). relevant notification was issued by the government of india under the said section as a result of which certain indian laws were made ..... as an illustration of the procedure which can be adopted by parliament in making a law for absorbing newly acquired territory we may refer to the chandernagore merger act, 1954 (act xxxvi of 1954), which was passed on september 29, 1954, and came into force as from october 2, 1954. chandernagore, which was a french possession, .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-07-1960
Reported in : (1961)63BOMLR863
..... the general interest of the community was directly and vitally concerned. it was further observed that (p. 102) :-.prima facie the government are good judges of that. they are not absolute judges.the privy council accepted as correct the finding of the lower court that the purpose for which the lessors entered upon possession was one which would redound ..... . having regard to that indefinite position, i accept mr. sorabji's contention that the impugned order is not made for a public purpose as mentioned in section 6 of the act.12. in this connection mr. sorabji has also referred to the decision of the supreme court in the case of state of bombay v. r.s. nanji : [1956 ..... 9, 1959, made in exercise of the powers conferred on the state government under clause (a) of sub-section (4) of section 6 of the bombay land requisition act, 1948.2. the relevant facts are as follows:-the petitioner is the owner of a building called sahny villa situate at 2nd naoroji gamadia road, bombay. the petitioner had .....
Tag this Judgment!Court : Chennai
Decided on : Jan-19-1960
Reported in : (1960)2MLJ392
..... is substantial compliance with the rules read as a whole and provided no prejudice ensues; and when the legislature does not itself state which is which judges must determine the matter, and exercising a nice discrimination, sort out one class from the other along broad-based, commonsense lines.oftentimes the statute or ..... or mandatory and recommendatory provisions, rules and regulations is well known and cannot admit of any doubt. the contravention of an absolute enactment renders the resulting act invalid and void while non-compliance of a directory enactment leaves the validity of the thing done untouched. ' an absolute enactment must be obeyed or fulfilled ..... 140 of 1959 under the following circumstances:2. the coimbatore district co-operative central bank, ltd., is a registered society governed by the madras co-operative societies act (vi of 1932). it will be hereinafter referred to as the central bank. the general body of central bank consists of the following members : (i) individual .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-14-1960
Reported in : 1960CriLJ1472
..... on this principle of law, therefore, the appellants cannot contend that they should be punished only for their individual acts.33. in this view, even though a mechanical reading of the evidence of the eye witnesses as the trial judge has done, would show that each one of the appellants gave only one blow to sivappa and one blow ..... accused, the only reasonable con elusion to which evidence leads is that all the accused have acted in concert with the common object of belabouring sivappa and later ningappa also and inflicting serious injuries on them. we cannot understand how the trial judge, with all this evidence before him, could say that the accused came singly and independent of ..... one another.' the only apparent basis for such a view, so far as we lave been able to make out, would1 be the tact that the acts attributed by the eye witnesses to several .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-1960
Reported in : (1961)63BOMLR174
..... that evidence is the best evidence, and for that reason is alone admissible: indirect evidence is excluded, not because it is not logically relevant to the economic inquiry, but because it is not the best evidence; (iii) where such direct evidence is not available, for example, if the rents of other premises are shown ..... appeals to the magistrate against municipal assessment for the purpose of consolidated house tax. the order made by the magistrate, mahad, has been confirmed by the sessions judge at kolaba. the applications are in respect of assessments for the years 1953-54, 1954-55 and 1955-56, respectively. the original appellant before the magistrate ..... quarter sessions, has to make its own valuation in a contested case about a gross assessment, the tribunal, not being itself professionally skilled in valuation, must necessarily act on evidence, including expert evidence, and that evidence must be relevant; but, wherever the direct evidence test is not available, no fact which would, in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-12-1960
Reported in : AIR1960AP479
..... by the supreme court in parshotam lal dhingra v. union of india, : (1958)illj544sc . after referring to the exceptions occurring in the constitution, the learned judges have clarified the position thus in para 9 of the reported judgment; (relevant portion is extracted).'subject to these exceptions our constitution, by article 310(1), has ..... or rajpramukh, as the casemay be, is only a reiteration of corresponding provisions which occurred in the government of indiaact, 1935. the relevant provision of that act, repealed by the indian constitution, was section240 which specified the tenure of office as duringhis majesty's pleasure.25. our view is consistent with what has ..... working within the framework of the constitution have necessarily to deal with the petitioner according to the constitution under which it derived its power and not apply act no. iii of 1314 fasli, for enquiring into the corrupt practices of government officials, which ceased to operate.18a. we are, therefore, unable to find .....
Tag this Judgment!Court : Allahabad
Decided on : May-19-1960
Reported in : AIR1961All64
..... supreme court concluded that the official was entitled to the protection of article 311(2) because, though probationer 'he was discharged from service really because the government had, in inquiry, come to the conclusion, rightly or wrongly, that he was unsuitable for the post he held on probation. this was clearly by way of punishment.....'22. thus in ..... the government to take action against him) were never shown to the official.the decision of the high court was not based on article 311(2) as the judges did not agree on the question whether this provision was attracted. the bihar government appealed to the supreme court and one of the questions agitated before them related ..... a rule made by the governor under article 309 of the constitution, (annexure 15 of the counter-affidavit).11. the entire controversy in the petition before the learned judge and in the appeal before us centred round the real nature of this notice, is it a notice removing smt. ram dulari from service by way of punishment .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-23-1960
Reported in : AIR1960All531
..... norfolk, (1949) 1 all er 109 at p. 118:'the requirements of natural justice must depend on the circumstances of the case, the nature of inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with and so forth.'7. the same principle was laid down by the supreme court in nagendra nath v. ..... had nowhere been laid down that the opportunity of hearing should be given by the punishing authority itself. that decision did not therefore support the view which the learned judge was taking.12. in air 1958 all 792 (supra) while the petitioner was sitting for an examination the inviliga-tor found in has possession a chit of paper ..... of mr. justice mathur by which he dismissed a petition filed by the appellant under article 226 of the constitution.2. the facts as have been found by the learned judge (and no attempt was made before us to challenge those findings) are that the appellant was a student studying for m. sc. (technical) previous examination of the banaras .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-27-1960
Reported in : AIR1961AP46
..... tucker, l. j.. in russell v. duck of norfolk, 1949-1 all er 109: 'there are no words which are of universal application to every kind of inquiry and every kind of domestic tribunal. the requirements of natural justice must depend on the circumstances of the case, the nature of the enquiry, the rules under which the ..... tribunal to follow the procedure known to the courts of law. whether in a particular1 case the principles of natural justice have been complied with or not must be judged in the light of the constitution of the authority, its statutory powers or rules, if any, prescribed for the conduct of the enquiries (vide local government v. ..... even on the assumption that there was enquiry whereat the petitioner was called upon to give his explanation inasmuch as the mal-practice committee and the concerned authorities have acted only upon the identity in the answers of the two students which cannot be regarded as evidence, much less legal or proper evidence, the entire proceedings are .....
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