Court : Mumbai
Decided on : Aug-08-1960
Reported in : (1961)63BOMLR289a
..... other enactment for the time being in force, and, therefore, so far as the provisions of the c.p. and berar courts act, are concerned, they deal with only the ordinary jurisdiction of the district judge, that is to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not ..... relating to which or to the endowment whereof, any suit shall be instituted or application made under. the provisions of this act.therefore, the contention on behalf of the respondents may perhaps be justified if the district judge had been taking the action as was taken in the present case, because by virtue of section 17(1) (c) of ..... justifying * the order passed by the additional district judge.9. then mr. manohar referred to the provisions of sections 26 and 27 of the madhya pradesh public trusts act, 1951 (xxx of 1951). undoubtedly, section 27 of that , act gives power to the court to make or cause to be made such inquiry against a trustee in a case of this kind .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-22-1960
Reported in : AIR1960Kant313; AIR1960Mys313
..... the generality of the foregoing power, such rules may provide for-- (a) the procedure to be followed by controllers, the courts and the district judge in the performance of their functions under this act; (aa) the order of priority to be observed by the controller in selecting a tenant under clause (a) of sub-section (3) of ..... the respondent; the allotment in question was unsuccessfully challenged by the petitioner in h. r. c. appeal no. 10 of 1060 in the court of the district judge, civil station, bangalore. aggrieved by the orders of the tribunals below, the petitioner ahs come up in revision to this court.(3) before proceeding to examine the ..... such a contingency? section 3(3)(a) of the 'act' says :'on receipt of the intimation under sub-section (2), the controller shall, taking into consideration any representation made by the landlord and after making such inquiry as he considers necessary, select the state government or the central government or the central government or the government .....
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 : Madhya Pradesh
Decided on : Mar-08-1960
Reported in : AIR1961MP37; 1961CriLJ266
..... section 432, cr. p. c., to the high court, because the scheme is not 'an act, ordinance or regulation'.4. the application in revision filed before the learned addl. sessions judge, ujjain, from this order, could have been treated as one for further inquiry; but he held that the city magistrate, ujjain should have made a reference to the high ..... court under section 432, cr. p. c.; as he failed to do so, the learned addl. sessions judge has himself done so. 5. the questions before us are, firstly, whether the ..... contumacious conduct of the wrong-doer while the realisation is by way of collecting the dues. 18. in the result, the reference by the learned addl. sessions judge is disposed of with a direction that the learned magistrate should hold further enquiry into the subject-matter of the complaints in view of the prima facie case made .....
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 : Rajasthan
Decided on : May-26-1960
Reported in : AIR1961Raj130
..... ought not take part in the decision or sit on the tribunal'; and that 'any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge, and any interest, though not pecuniary will have the same effect, if it is sufficiently substantial to create a reasonable suspicion of bias.' the said ..... of an alternative remedy in entertaining or refusing to entertain writs, and (b) considerations governing the determination of bias particularly with reference to cases under the motor vehicles act.the petitioners rely upon firm murlidhar brijmohan v. state of rajasthan, ilr (1957) 7 raj 723, nageswara rao v. a. p. s. r. t. ..... the various persons including the petitioners who had applied for renewal of the permits were however granted temporary permits under section 62(d) of the motor vehicles act pending the consideration of their applications for renewal. these temporary permits were valid upto the 31st january, 1960.decisions on the applications for renewal as well .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-18-1960
Reported in : AIR1961Bom239; (1961)63BOMLR289; ILR1961Bom224
..... any other enactment for the tune being in force and therefore so far as the provisions of the c. p. and berar courts act are concerned, they deal with only the ordinary jurisdiction of the district judge, thatis to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not with ..... , relating to which or to the endowment whereof, any suit shall be instituted or application made under the provisions of this act'. therefore, the contention on behalf of the respondents may perhaps be justified if the district judge bad been taking the action as was taken in the present case, because by virtue of section 17(1)(c) of ..... justifying the order passed by the additional district judge.9. then mr. manohar referred to the provisions of sections 26 and 27 of the madhya pradesh public trusts act, 1951 (xxx of 1951). undoubtedly, section 27 of that act gives power to the court to make or cause to be made such inquiry against a trustee in a case of this .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-27-1960
Reported in : AIR1961P& H236
..... years old had met with an accident, had not satisfied him that he had a reasonable expectation of pecuniary benefit and in the opinion of the learned judge the plaintiff had not proved damage either actual or prospective.13. in the present case the plaintiffs had a reasonable probability of pecuniary advantage from their deceased ..... matters of speculation and doubt'.in a later case from british columbia where the columbia legislation had reproduced, as was said, with inconspicuous differences, the fatal acts in force in the united kingdom, the judicial committee followed the principles laid down in the above case by the house of lords vide nance v. british ..... the maintenance or support of his parents. there has not to be specific evidence of pecuniary advantage actually derived from the deceased prior to hisdeath. under this act, even prospective loss can be taken into account. parents can legitimately recover for the loss of the probability that their son would some day earn and contribute .....
Tag this Judgment!Court : Kerala
Decided on : Nov-07-1960
Reported in : AIR1962Ker25
..... the amount awarded by the collector under section 11.2. when the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the judge) to make such claim, the amount awarded by the court shall in no case exceed the amount awarded by the collector.3. when the applicant has omitted for a ..... of the court-fee due of her memorandum of appeal.2. the collector awarded a sum of rs. 5,523-7-4 and the statutory solatium thereon. the subordi-nate judge after discussing the facts and circumstances of the case said ;'i would, therefore, ind that the claimant has not established her right to any enhancement of the compensation awarded ..... the claim.3. the operative portion of the judgment is by no means artistic. but there is no doubt that what the judge intended to do was to pass an award under section 26 of the land acquisition act, 1894, for the same amount as was awarded by the collector.4. the appellant claims an enhancement of the compensation awarded by .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-09-1960
Reported in : AIR1961Raj168
..... exist, be ought not to take part in the decision or sit on the tribunal.any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge, and any interest, though not pecuniary, will have the same effect, if it were sufficiently substantial to create a reasonable suspicion of bias. bull ..... praying for appropriate writs prohibiting the respondents from approving the scheme in question.it is contended that by virtue of section 68d or the act the government has constituted itself a judge of the dispute vis-a-vis the transport undertaking owned, controlled and run by the government on the one hand and the private ..... owned or controlled by the state.we may incidentally examine the scheme of this chapter, before we deal with the criticisms advanced against section 68d of the act. section 68a gives various definitions including the definition of 'state transport undertaking' as meaning inter alia, an undertaking for providing road transport service carried on by .....
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