Court : Mumbai
Decided on : Jan-18-1960
Reported in : (1960)62BOMLR465
..... set out in sections 8b to 8d. of course, where the plaint itself discloses an objective standard, it may not be necessary for him to make such an inquiry but where, as here, the judge has not regarded the plaint as furnishing an objective standard, he cannot base his conclusion upon any material other than that placed on record in an ..... conclusion as to the value of the suit for the purpose of court fees and jurisdiction. it is abundantly clear that the learned judge purported to exercise the power given by section 8a of the court-fees act to consider whether the suit was properly valued for the purpose of court-fees. now, this section, while it empowers the court ..... inquiry made by him under the provisions of sections 8b to 8d of the act.5. i may point out that in kashinath v. tukaram a.i.r.[1956] nag. 195, .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-1960
Reported in : (1960)62BOMLR845
..... sub-section (2) states that an inquiry shall be held by a judge not below the grade of an assistantjudge. in spite of the fact that sub-section (1) stated in express terms that the application was to be made ..... the expression has been construed to refer to persona designata. i need refer only to one decision on the subject which was under section 15 of the bombay city municipalities act. sub-section (1) of this section expressly states that an election petition may be made to the district court within which the election was held. after so stating, ..... decision which was given by the taxing officer on september 24, 1959, was a decision which was given by him under sub-section (2) of section 5 of the new act, and, as such, that decision was revisable under the latter provision. therefore, in my judgment, the present revision application does lie under the latter provision.5. the next .....
Tag this Judgment!Court : Chennai
Decided on : Jul-14-1960
Reported in : AIR1961Mad305; [1961(3)FLR233]; (1960)IILLJ678Mad; (1960)IILLJ678Mad
..... the workman had been victimised for any activities of his in connection with the trade union, the tribunal might have had reasons to be critical of the inquiry held by the management. this is what the labour court found in the present case.the court expressly found that the management was actuated by improper motives when ..... an enquiry which was completed after such judgment.in the present case, by the time the employer completed the enquiry by inflicting the employee the punishment the sessions judge of coimbatore had acquitted the employee of the offences charged. that decision would be binding on the employer. even otherwise, failure to accept that decision or at ..... the finding, as an industrial dispute, i. d. no. 13 of 1952, was then pending before the industrial tribunal.under section 33 of the industrial disputes act, then in force, it was not open to the management by themselves to take any disciplinary action against the worker miring the pendency of the proceedings before a tribunal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-23-1960
Reported in : AIR1960P& H514
..... between landlord and tenant but if the tenant in effect agrees that the landlord has a good claim to an order under the acts, i think the judge has jurisdiction to make the order for possession under the act without further inquiry.'in middleton v. baldock (t.w.), (1950) 1 kb 657, a house had been let to a husband on a ..... the efficacy of the order may be destroyed. but in my judgment the court cannot go further than that and exercise a general jurisdiction to make a consent order without inquiry or investigation simply because the tenant appears in court and says: 'i consent to an order,' or says in the witness box that he does not consent the ..... the hands of estate agents for sale. the tenant thereupon claimed compensation under section 5, sub-section (6) of the act of 1920 on the ground that the order for possession was obtained by misrepresentation. the country court judge held that he had no jurisdiction to grant compensation where the order had been made by consent.it was held that the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-15-1960
Reported in : AIR1961All511
..... namely, the district collector or the sub-divisional officer.'13. in ram gopal v. anant prasad : air1959sc851 , the learned judges rejecting the argument that clause (f) of section 64 of the motor vehicles act restricted in any way the power of the appellate tribunal to deal with appeals filed under clause (a) of the. section ..... on account (a) of any error, omission or irregularity in the complaint, summons, warrant, proclamation order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or ...... unless such error, omission, irregularity, or misdirection has in fact occasioned a failure of justice.'15. in the c. p ..... temporary permit should be granted to a particular person.the observations made with reference to sub-section (2) of section 134 were thus obiter. the learned judges only quoted the words of the sub-section and emphasised the concluding words requiring that a failure of justice must have been cccasioned. they were not .....
Tag this Judgment!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 : Chennai
Decided on : Mar-24-1960
Reported in : AIR1961Mad64; (1960)1MLJ243
..... position in regard to the two sets of claims, the learned judge proceeded to assume what, in his opinion, must have been the basis of the claim and held that in the suit which was kid against both the railway ..... was that the claim against the railway could not properly be joined in the same suit with the claim 'against the insurance company. the learned assistant city civil judge found that the plaint did not specify how the plaintiff was entitled to a decree against the 4th defendant as well.instead of directing the plaintiff to clarify the ..... the civil procedure code, 1908, which took its place is even wider in that the joinder could be in respect of the same act or transaction and not necessarily within the term 'matter'.5. the order of the learned judge suffers froma more vital infirmity as well. the contract of insurance had not been produced before him and hewas not justified .....
Tag this Judgment!Court : Orissa
Decided on : Mar-30-1960
Reported in : AIR1960Ori199; 26(1960)CLT346
..... properties should also be partitioned in accordance with the shares mentioned above. 3. the three unsuccessful alienees, filed appeals before this court against the aforesaid judgment of the learned subordinate judge. f. a. no. 32 of 1951 was filed by defendant no. 28, srimati rammamani hota, f. a. no. 56 of 1951was filed by srimati rahasmoni dei (defendant no ..... moveable or immovable, execute the documents on our behalf for the following among other purposes, that you, as the head of our joint hindu family has to meet and act: (i) to liquidate old and subsisting debts or liabilities incurred by you or your father on account of our joint family trade and business. (ii) to undertake or ..... to make enquiries into the necessity for the loan, as well as he can, with reference to the parties with whom he is dealing, whether the manager is acting in the particular instance for the benefit of the estate. on the question as to whether the alienation was for the benefit of the estate the lower court is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-22-1960
Reported in : AIR1961P& H125
..... to live a normal married life again and it would be a plain denial of justice to keep them within the bonds of marriage.12. the learned judge has further held that the act of cruelty has been condoned by resumption of married life between the parties. it is in evidence that an abortion took place after 1951 and the birth ..... lall, the learned counsel for the appellant, has also brought to my notice an authority of a single judge of the bombay high court an cowasji nusserwanji patuck v. shehra cowasji patuck, air 1938 bom 81, to show that 'even a single act of gross cruelty may beenough to constitute legal cruelty, if it is such as to lead to a ..... shamsher bahadur, j.1. this is a husband's appeal from the judgment and decree of the district judge, delhi, dismissing has application under section 10 of the hindu marriage act for judicial separation from his wife, shrimati sarla rani.2. the parties were married to each other on 17th of november, 1948 and there are two issues of this union .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-19-1960
Reported in : AIR1961P& H157
..... trial court, it was notdecided as a specific issue in the judgment of the trial court. the point does not appear to have been raised before the learned district judge who has not even dealt with it. it cannot be denied that questions of law can be taken up even for the first time in second appeal provided they are ..... to sue in respect of the subject-matter of the lost goods independently.the rule of english law which undoubtedly was applicable before the amendment in the transfer of property act has been abrogated in this country by statute and it cannot be said that in respect of the contingency provided for in sub-section.(2), it is still essential ..... available to the latter provided he seeks them in the name of the insured. precisely the same situation obtained in india till the amendment introduced in the transfer of property act by section 135-a. as both the learned counsel have placed reliance on this section, it would be well to set out its provisions in extensor-'135a. (!) where a .....
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