Court : Andhra Pradesh
Decided on : Feb-17-1960
Reported in : AIR1961AP43
..... actual seizure for the recovery of fine from a member of a hindu coparcenary as the share of the offender in the crops was unascertained. in that case the learned judge was concerned with the method prescribed in clause (b) of sub-section (1) of section 386.he says that the court imposing the fine may under that clause issue a ..... share or a prohibitory order can be issued against him and that his interest in the property can then be brought to sale.in arriving at this conclusion the learned judge applied the analogy of the provisions of section 88, cr. p. c. which prescribes a detailed procedure for attachment of property of the absconder who has been notified under section ..... narasanna v. emperor, ilr 55 mad 1041 : (air 1932 mad 538), pakenham-walsh, j. appears to have taken a view which lends support to that contention.there as the learned judge had put it, they were not concerned with section 386(1)(b) but were dealing with a case under section 386(1)(a) and in so dealing, he held that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-02-1960
Reported in : (1961)IILLJ260AP
..... some of the courts to frame some test which must be satisfied in order to bring an accident within the course of a workman's employment, leaving the county court judge in each case to decide whether the evidence establishes that the test is satisfied. i myself have been rash enough to suggest a test, namely, that a workman is ..... every fortnight and he was a regular and continuous worker and not a casual labourer. it was therein held that the deceased was a workman within the meaning of the act, in that case, the workmen had to reach the workspot, which was about seven miles away from their village, in a lorry provided by the employer at a nominal ..... employed otherwise than for the purpose of the employer's trade or business and that therefore the deceased was a 'workman' within the meaning of section 2(n) of the act and a was liable under section 12 thereof to pay compensation. dealing with the contention that the deceased was not a workman, it was therein observed that the definition of .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-07-1960
Reported in : AIR1961All45
..... by him. here the charged officer was clearly informed of the statement of the witness by the record of the previous statement being read over at the inquiry. i am of opinion that the basic fact that rules of evidence are not applicable to these domestic tribunals and that they must conduct themselves in accordance ..... having been personally insulted, the suggestion is that the superintendent of police was practically in the position of the complainant himself. thus he was both the prosecutor and the judge.9. i have also been referred to ramesh chandra verma v. r. d. verma : air1958all532 . in this case the enquiring officer had expressed his opinion ..... contention. he points out that in this particular case the government had not only selected an officer against whom an allegation of bias was made butthe learned judges were satisfied that the chargedofficer.'was not given an opportunity much less a reasonable opportunity to establish his case of mala fides and that every genuine attempt made .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-13-1960
Reported in : (1960)62BOMLR1077
..... of the government. this contention was contained in ground (t) of para. 15 of the petition. so far as the first of those contentions was concerned, the learned judge did not think it necessary to decide it, inasmuch as the counsel for the petitioners did not press it. as regards the second contention, it was negatived by the ..... was heard by mr. justice mody.3. at the hearing of the petition, out of several contentions raised by the petitioners, only four were urged before the learned judge. the first of them was that the petitioners had given to the respondents intimation of the vacancy by their letter dated may 3, 1959, that under section 6(3 ..... the premises in question, and if they could, whether they could allot them to k.a. nambiar. having made the necessary inquiries the respondents came to the conclusion that under the provisions of the landrequisition act and in the circumstances of the case, they could validly exercise their powers to requisition the premises, and allot them to k.a .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-29-1960
Reported in : AIR1960Mys203; 1960CriLJ1112; ILR1960KAR471
..... held in ram prasad v. banwari : air1956all12 that a party by merely instituting a civil proceeding cannot ask the magistrate to stay his hands and not to proceed with the inquiry under section 145 cr. p.c. if the civil court has given a decision final or interim, to that extent the dispute is a decided and the magistrate should enforce ..... narayan pai j. came to the conclusion that the magistrate should have respected the order of temporary injunction given by the civil court and acted in furtherance of that order. i do not think that the learned judge intended to lay down as a proposition of law that a criminal court should not proceed under section 145 cr.p.c. in respect ..... enquire into the dispute as the very dispute was the subject matter of the suit in i. c. suit no. 49 of 1957 on the file of the civil judge gadag, which was pending trial at the time the order under revision was passed. this contention does not appear to have been taken either before the learned sub divisional magistrate .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-06-1960
Reported in : AIR1961AP448
..... case, under section 155(2) cr. p. c. on the ground that the investigation was perfunctory. 2. if he did not follow the first course, to commence the inquiry into the case according to the procedure laid down under section 208 cr. p. c. 3. if he did not follow the second course, then split up the charge-sheet ..... offence. in this case, no such consent has been produced. in fact, the learned public prosecutor conceded that no such consent was obtained. in the circumstances, the special judge is clearly precluded from taking cognizance of the said offence, namely, of criminal conspiracy to commit the offences under sections 466 and 471, indian penal code, which are non- ..... public prosecutor v. a. v. ramiah, air 1958 andh pra 392 wherein it was held as below:'it follows that an offence under section 12 of the gaming act is not a cognizable offence within the meaning of section 4(1)(f) criminal procedure code, and a police officer cannot investigate into it without the order of a magistrate as .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-27-1960
Reported in : [1960]11STC850(AP)
..... him. the learned magistrate believed the evidence of the prosecution and arrived at conclusions which resulted in convictons as already referred to above. the learned sessions judge agreed with the version of the learned magistrate substantially on all the relevant points.6. the prosecution evidence clearly proved beyond doubt or dispute that the ..... not be culpable. therein, it was observed as follows :-the learned assistant public prosecutor conceded that under section 14(2) of the madras general sales tax act, the assistant commercial tax officer was only empowered to inspect ' the accounts and registers maintained by dealers like the petitioner in the ordinary course of their business ..... registers and other documents of the dealer' in section 28(3) mean is clear from section 28(1) and (2). section 28(1) of the act reads :-any officer authorised by the state government in this behalf may...require any dealer to produce before him the accounts, registers and other documents...relating to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-07-1960
Reported in : (1960)IILLJ477AP
..... however, that such notice shall not be necessary where the services of such person are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held for the purpose.(2) the person employed shall have a right to appeal to such authority and within such time as may be prescribed either on the ..... if i may say so with respect, set out the correct position in law of an order made under section 41(2). there are several other recent decisions of single judges of the madras high court. vide balasundara mudaliar v. ellappa mudaliar (1957) i m.l.j. 7 dhandapani v. salem co-operative wholesale stores 1959 i l. ..... from 7 august 1952 as per ex. a. 2. the appellant, thereafter appealed to the appellate authority under section 41(2) of the madras shops and establishments act (madras act xxxvi of 1947) against this order of retrenchment. the labour commissioner, madras, heard both the parties and set aside the order of the retrenchment passed against the appellant .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-1960
Reported in : (1961)IILLJ717All
..... has been convicted under section 80 of the factories act (hereinafter referred to as the act) and rule 110 of the rules framed thereunder (hereinafter referred to as the rules) and sentenced to pay a fine of rs. 100. he filed a revision application before the learned sessions judge who refused to make a reference to this court and ..... rejected the application. thereafter the petitioner filed a revision application in this court under section 439, criminal procedure code, which came up for hearing before a learned single judge. on a reference being made by him to a larger bench, the matter has come before us. the only submission that has been made on behalf of ..... knowledge. in emp. v. zamin a.i.r. 1932 oudh 28, the word 'knowledge' came up for interpretation in connexion with a criminal case and the learned judge observed as follows:without going into a metaphysical discussion of the nature of knowledge, we may say that for practical and legal purposes 'knowledge' means the state of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-08-1960
Reported in : (1960)62BOMLR785
..... the end of september 1958 and passed a decree in favour of the plaintiff for rs. 150 on account of arrears of rent and permitted increases and directed an inquiry into future mesne profits under order xx, rule 12(1)(c), of the civil procedure code. it is against this decree that the present revision application has been filed.5 ..... . mr. kotwal, learned advocate appearing on behalf of the petitioner, has contended that the learned appellate judge has approached the question of the bona fide requirement of the plaintiff from a wrong point of view. it has to be mentioned that in the trial court evidence ..... was placed on the statute-book. on the strength of this rent act, the tenant applied for suspension of the decree and he secured the suspension for a period of ten months. when that period expired, the landlord applied to execute the decree, but the trial judge ordered the execution of the decree to be stayed sine, die, .....
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