Court : Kolkata
Decided on : Nov-17-1960
Reported in : AIR1961Cal653
..... filed separate written statements denying their liability. dawoodayal kothari did not contest the suit at the hearing.manik chand bagri contested the suit but thelearned trial judge decreed the suit against boththe defendants. manik chand bagri has preferredthis appeal from the decree passed against him.on the 3rd february, 1950, sadasukh gambhirchand of ..... on the bill and is signed by the drawee and that the mere signature of the drawee without additional words is sufficient. in the meantime, the negotiable instruments act was enacted in 1881. the section was considered by the supreme court in jagjivan mavji v. ranchhoddas meghji, : [1955]1scr503 . in that case, venkat- ..... particular paragraph insists that words of acceptance or importing acceptance must be used before the signature can come within the third paragraph of section 7 of the act. no such limitation is imposed in the statute. signature by itself, on the facts of a particular case, without anything more may be the signing .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-09-1960
Reported in : AIR1961P& H113
..... approval the observations of lord russell of killowen in r. v. gray, (1900) 2 qb 36, at page 40, to the effect that:'any act done or writing published calculated to bring a court or a judge of the court into contempt, or to lower his authority, is a contempt of court.'this category was styled by lord hardwicke, l. c., ..... fudge to take steps against the libeller in the ordinary way for vindication of his character and personal dignity as a judge; but such libel may or may not amount to contempt of court.........when the act of defaming a judge is calculated to obstruct or interfere with the due course of justice or proper administration of law, it would certainly amount ..... law governing contempt of court. as pointed out in halsbury's laws of england, third edition, volume 8, pages 6 and 7,'any act done or writing published which is calculated to bring a court or a judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the court, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-29-1960
Reported in : AIR1960SC1272; [1960]3SCR789
..... pleadings several issues were framed. the suit was originally dismissed on a preliminary ground, namely, that the plaint did not disclose any cause of action. the learned civil judge apparently took the view that the properties in suit were subject to the saranjam rules and on examining those rules, he came to the conclusion that as the plaintiff ..... december 17, 1941, was not ultra vires, and that the suit itself was barred under s. 4 of the bombay revenue jurisdiction act, 1876. the high court reversed the decision of the learned civil judge on all the aforesaid issues, and held that as the properties in suit were given to the junior branch of babasaheb for its ..... the plaint ?issue no. 5 - is the suit barred under section 4 of the revenuejurisdiction act ?issue no. 7 - is the alleged custom set up in para. 6(b) of theplaint proved 11. on all these issues the learned civil judge found against the plaintiff-respondent, and held that the latter was not entitled to recover possession of .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1960
Reported in : AIR1961Bom227; (1960)62BOMLR1043; ILR1961Bom318
..... certain gold in his possession and the gold weighing in all about 152 tolas, details as in the margin, was seized under section 178 of the sea customs act pending further inquiries into the legal origin of the gold as there was certain circumstance which made the officers suspicious that the gold was liable to confiscation'. the order then goes ..... therefore, it is difficult to accept mr. gupte's contention that the reasonable belief, which is contemplated by section 178a of the sea customs act, may either be the belief in the mind of the inquiry officer at the stage of the in-uiry, or in the mind of the seizing officers themselves even after the seizure took place. in ..... as a result of the inquiry before himself he had a reasonable belief that the gold was smuggled, the additional collector of customs, in our opinion,-had no power to make the order that he has passed,, confiscating the gold under section 167(8) of the act. we agree with the finding of the learned judge that the customs had .....
Tag this Judgment!Court : Kerala
Decided on : Nov-22-1960
Reported in : AIR1962Ker43
..... contention raised in 1959 ker lt 961 : (air 1960 kerala 63) was repelled by the learned judge with the observation : 'apart from the fact that the former is a statute prescribing the procedure for public inquiries, many of the provisions of the act have become obsolete in view of the constitutional safeguards contained in article 311 of the constitution. the ..... taken in regard to him.' we are glad to express our approval of the above dictum in toto. further, adverting to the very similar provisions of the public servants (inquiries) act, central act 37 of 1850, our supreme court observed in s. a. venkataraman v. union, of india, air 1934 sc 375: 'as the law stands at present, the ..... only purpose for which an inquiry under act 37 of 1850 could bo made, is to help the government to come to a definite conclusion regarding the misbehaviour of a public servant and thus enable it to .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-08-1960
Reported in : AIR1961Guj93; (1961)2GLR1
..... entitled to use the work must render the acquisition invalid and bad in law? 30. it has to be noticed that section 41 makes the government the sole judge of the manner in which the public are to have the use of the land which is being taken up for the company. the right of the public to ..... appropriate government is satisfied after considering the report, if any, of the collector under section 5a, subjection (2), or on the report of the officer making an inquiry under section 40 that the purpose of the proposed acquisition is to obtain land for the erection of dwelling houses for workmen employed by the company or for the provision ..... : for expansion of the sarabhai chemicals works (karamchand premchand private limited) at baroda. and whereas the government having caused inquiry made in conformity with the provisions of the said act and being satisfied as a result of such inquiry that the acquisition of the said land is needed for the said purposes i.e. for expanding the factory of sarabhai .....
Tag this Judgment!Court : Kerala
Decided on : Mar-28-1960
Reported in : AIR1961Ker226
..... of that court that the present second appeal has been filed on 5th february 1959 when the travancore-cochin high court act (act v of 1125, as amended by act i of 1952) was in force.under that act, a single judge of the high court had the power to hear only such of _ the second appeals as would come within the ..... category.naturally, therefore, the other second appeals which were beyond the aforesaid limitations had to be heard by a division bench consisting of two judges. by sub-section (2) of section 11 of the kerala civil courts act (act i of 1957), the pecuniary jurisdiction of munsiff's courts was raised and fixed at the limit of rs. 5,000. section 13 ..... . the different sections state how the powers of the high' court are to be exercised by a single judge, by division courts consisting of two judges and by full benches consisting of three or more judges.the procedure thus prescribed by the act cannot be said to prejudice the right of any litigant to have his appeal heard and disposed o by .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-20-1960
Reported in : AIR1962Guj1; (1961)GLR582
..... appellant and two others were pro-secuted. but, accused no. 3 was discharged at the committal inquiry, accused no. 2 was acquitted at the sessions trial and the appellant (accused no. 1) was convicted by the learned sessions judge as stated above. 3. at the sessions trial, the prosecution mainly relied on the evidence of ..... as it is a statement which does not accompany and explain an act other than the statement. explanation 1 of s. s. evidence act provides that the word 'conduct' in that section docs not include statements unless those statements accompany and explain acts other than statements. now, these pieces of the conduct of the ..... 11. then remains the most important piece of evidence relied on by the prosecution, namely, the statement made by the appellant at the committal inquiry. at the committal inquiry, the prosecution did not examine any witnesses nor was any documentary evidence adduced by the prosecution. the committing magistrate questioned the appellant on 18th december .....
Tag this Judgment!Court : Kerala
Decided on : Jul-04-1960
Reported in : AIR1961Ker87
..... says that the trustee or any person interested in the trust may, within three months of the publication of the scheme, make an application to the district judge for varying, modifying or setting aside the scheme.'the learned advocate of the writ petitioner is apparently on stronger ground when he argues that in the absence of ..... was challenged, and the supreme court has rejected the complaint of the restriction under the enactment being not reasonable, because a right of an application to the district judge was conferred on the party aggrieved. in this connection, s. k, das, j., has at page 949, observed as follows:'even with regard to the settling ..... procedure relating to 'trial of suits. while, therefore, under the prior act the inquiry before the commissioner might well have been of the nature of an executive inquiry by an executive officer, the inquiry under the present act is by itself in the nature of a judicial inquiry by judicial officers followed up by a right of regular appeal to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-1960
Reported in : AIR1961SC420; 1961CriLJ570; [1961(2)FLR101]; (1961)ILLJ220SC; [1961]2SCR330
..... the settlement of the industrial dispute in progress but also for carrying on their future work in sugar factories'. we also concur with the observations of the learned judge that by coming to the conclusion that the workers' demand should be conceded the state government was not passing an order which will have retrospective effect but was ..... . the high court of allahabad allowed the writ petitions, in so far as the question of payment of bonus was concerned, though sapru, j., one of the judges constituting the full bench, expressed a doubt as to the correctness of the view that the order of the state government as regards the payment of bonus was invalid. ..... situation brought into existence an industrial dispute, the government of uttar pradesh, in exercise of the power conferred by sections 6 and 10 of the industrial disputes act, 1947, (xiv of 1947) appointed a court of inquiry and referred the dispute to it. the notification also stated the points which were referred to the court of .....
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