Court : Jammu and Kashmir
Decided on : Jan-14-1967
Reported in : (1968)IILLJ780J& K
..... judge. neither the chief justice nor the court had given concurrence in initiating inquiry against the petitioner. as has been already pointed out, the anti-corruption commission was satisfied that the case of the petitioner as custodian, evacuee property, jammu, is covered by clauses (a) and (c) of sub-section. (5) of section 12 of the jammu and kashmir government servante' prevention of corruption (commission) act ..... of leave and the control of the courts are vested in the high court. what is vested includes disciplinary jurisdiction. control is useless if it is not accompanied by disciplinary powers. it is not to be expected that the high court would run to the government or to the governor in every case of indiscipline however small and which may not ..... the governor being the dismissing authority is alone competent to conduit disciplinary inquiry or ..... of the courts but includes disciplinary control of the presiding judges, i.e, the district judges subordinate to them. the some view has been reiterated by the supreme court in the case of state of assam v. ranga muhammad and ors. 1968 -i. l.l.j.282.22. the learned advocate-general relying on section 126 of the constitution of jammu and kashmir argued that .....
Tag this Judgment!Court : Chennai
Decided on : Sep-20-1967
Reported in : AIR1970Mad48
..... one of the main purposes to which they had been given statutory powers.in ilr (1938) 1 cal 440 at p. 448 -(air 1937 pc 306 at p. 309), referring to the words 'purporting or professing to act in pursuance of the statute' in section 142 of the calcutta port act, the judicial committee observed:"their lordships regard these words as of pivotal importance. their ..... the assured. it is the validity of this assumption that is substantially put in issue in these appeals by mr. v. v. raghavan, learned counsel for the board.of course counsel for the board would also question the finding of the learned judge on the question of negligence and learned counsel for the insurer would maintain the decree with the plea which no ..... argument that the cause of action for the suits under section 110 of the act arose only when the subrogee made the payments. in that view, the learned judge, while dismissing c. s. no. 4 of 1957 (mad) as barred by limitation (there is no appeal preferred against that decision) decreed c. s. nos. 5 and 6 of 1957 (mad) in favour of the ..... the assured against the board. there can be no fresh start under section 110, on the insurer getting subrogated to the rights of the assured.we may by way of analogy usefully refer here to the view of the majority of the judges in the full bench case. valliamma champaka v. sivathanu pillai, (fb), where the question oflimitation on subrogation arising with reference .....
Tag this Judgment!Court : Chennai
Decided on : Sep-20-1967
Reported in : (1968)2MLJ497
..... of limitation that time which has once begun to run will as a rule continue to do so. no subsequent disability or inability to sue stops these section 9 of the limitation act, 1908. the learned judge at the trial, when he observed that the subrogee is not affected by any rule of limitation which applies to the other person, overlooks the position ..... to which they had been given statutory powers. in calcutta port commissioner v. corporation of cacutta i.l.r. (1938) cal. 440. : 1939 l.r. 64 indap 363 : (1937) 2 m.l.j. 594, referring to the words 'purporting or professing to act in pursuance of the statute' in section 142 of the calcutta port act, the judicial committee observed:their lordships regard these words as ..... the question of negligence and learned counsel for the insurer would maintain the decree with the plea which no doubt has been overruled by the learned judge, that section 110 gave no protection to the board and it could not be availed of by the board at any rate with reference to the suit claims. we may immediately state ..... allowed. on the question of costs the board has been found responsible for the damages. it is succeeding only on the point of limitation and on that, the learned trial judge has taken a different view. in the circumstances the parties will bear their respective costs in the trial court. the appellants will be entitled to their costs in the appeals. .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-14-1967
Reported in : AIR1968Guj118; [1968(16)FLR54]; (1967)GLR1012
..... was the trend of authorities in england in the construction and application of the relevant law on the subject which was analogous to section 3 of the workmen's compensation act, 1923. the main principles that emerge from these decisions have substantially been followed by our courts. we have decision of the high ..... disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and unless the employer proves the contrary, the accident shall be deemed to have arisen out of and in the course of the employment ..... which was decided in september 1966 was in first appeal no. 644 of 1961 sarangpur cotton mfg co. ltd. v. dev karan, (1967) 8 guj lr 81. that was a single judge decision in which it was decided that if a workman in the reasonable performance of his duties, sustained a physiological ..... that he had been suffering from chronic inflammation and congestion of the intestines and to this as the antecedent cause one of the medical witnesses attributed the fatal result of the strain. the county court judge has found as a ..... specially commented upon by lord macnaghten, hensey v. white, (1900-1 qb 481) was in essentials, identical with this case. the workman who was in an unsound physical condition, ruptured himself in attempting to turn a wheel. which proved too stiff for his physical powers. a post-mortem examination disclosed the fact .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-03-1967
Reported in : AIR1967SC1315; 1967(0)BLJR483; [1967]2SCR312
..... article 83 are also applicable to a case where the contract of indemnity is implied and not express. it was observed by the judicial committee in musammat izzal-un-nissa begum v. kunwar pertab singh 36 i. a. 203 that a contract of indemnity may be express or implied and if the purchaser covenants with ..... in this case because of the covenant on the part of the purchaser to pay off the previous encumbrance on the property sold. under section 124 of the indian contract act 'a contract of indemnity' is a contract by which one party promises to save the other from loss caused to him by the ..... favour for a little over rs. 26,000. thereafter the respondents made an application under the u.p. encumbered estates act, and by an order dated may 22, 1939, the special judge apportioned the liability for the mortgage debt between the respondents and the purchasers as owners of half the mortgaged property. as ..... mortgage and to deliver possession of the property in the proceedings for liquidation of that debt which had been decreed by the special judge under the u.p. encumbered estates act. on behalf of the defendant-appellant it was pleaded that the suit was time-barred. the contention was that the claim of ..... heard the appeal in the first instance referred the question of limitation to a full bench of five judges which held that the suit was governed by article 83 read with article 116 of the limitation act and that time ran from february 25, 1943 which was the date upon which the respondents were .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-1967
Reported in : AIR1968SC800; (1968)70BOMLR726; [1968(17)FLR445]; 1968LabIC984; (1968)IILLJ700SC; 1968MhLJ523(SC); [1968]2SCR577
..... provision either in the contract of employment or in any statute or statutory rules governing such employment, there was no power to suspend a public servant pending inquiry into the allegations of his misconduct. we are unable to accept the argument put forward on behalf of the appellant ..... maharashtra. in 1943, the appellant was posted at the civil hospital, ahmedabad and on february 18, 1950 he was in-charge of the medico-legal section of that hospital. on january 19, 1950, one nabimahomed complained to mr. rathod, sub-inspector of police, anti-corruption branch, ahmedabad, that ..... and 156 suggests that the suspension contemplated by these rules includes not only suspension by way of penalty but also interim suspension pending a departmental inquiry or a criminal proceeding. rules 153 and 156 state as follows : '153. leave may not be granted to a government servant under suspension ..... issuing an order to the employee which, because the contract is subsisting, the employee must obey. 5. the general principle therefore is that an employer can suspend an employee pending an inquiry into his misconduct and the only question that can arise in such suspension will relate to payment ..... act. for these reasons the appellate bench allowed the appeal, set aside the decree passed by the trial judge and dismissed the suit and ordered the appellant to pay four-fifths of the costs of the respondent throughout. 4. the first question to be considered in this appeal is whether government had the power .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-26-1967
Reported in : 1968CriLJ1082
..... reads as under:207a(1) when in any proceeding instituted on a police report, the magistrate receives the report forwarded under section 173, he shall, for the purpose of holding an inquiry under this section, fix a date which shall be a date not later than fourteen days from the date of the receipt of the report ..... error committed by his predecessor committed the accused to the court of session without recording the evidence of the witnesses cited by the prosecution. the sessions judge has recommended that the committal order cannot be sustained on the ground that there were eye-witnesses cited by the prosecution and the additional district magistrate ought ..... will not know the evidence which he will have to meet in the court of session. in kirpal singh v. state of uttar pradesh : 1965crilj636 , it has been held:before the code was amended by act 26 of 1955 it was necessary for the magistrate holding the enquiry to record the evidence of all the ..... the knowledge of the evidence by which the prosecution intends to prove the offences alleged against them.5. under these circumstances i accept the reference made by the learned sessions judge, quash the order of commitment passed by the magistrate on 5.5.1967 and direct that he will proceed with the case in accordance with law. ..... orderj.n. wazir, c.j.1. this is a reference made by the sessions judge of anantnag recommending that the order of commitment passed by the additional district magistrate, anantnag, on 5th may, 1967 be quashed and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-1967
Reported in : AIR1968SC594; 1968CriLJ550; [1968]1SCR695
..... indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947, and where a person has accepted a tender of pardon and has been examined under sub-section (2), them notwithstanding any thing contained in sub-section (2a), a magistrate shall, without making any further inquiry, send the case for trial to the court of the special judge appointed under the criminal ..... the same condition to such person.'). 7. mr. j. c. bhatt contends on the basis of differences between s. 8(2) of act 46 of 1952 and sections 337 and 338 of the code that the powers of the special judge are different and can only be exercised if the prosecution moves first. we shall consider if the differences such as they are lead ..... not been judicially or even properly exercised. on behalf of the state, mr. h. r. khanna contends that the powers of the special judge to grant pardon are untrammeled and that the sections both in the code and in the criminal law amendment act bearing upon the tender of pardon with a view to securing evidence are not conditioned by any of the considerations ..... part of s. 338. similarly, the opening words of s. 338 'at any time after the commitment' are inappropriate to trials before special judges because there is no commitment. it is obvious that the powers of the special judge commence only after he has taken cognizance of the case, and they are available to him throughout the trial. no conclusion such as is .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-1967
Reported in : AIR1968Guj257; (1968)0GLR1002
..... point that came to be decided by the supreme court and no more. this decision of the supreme court came to be considered in the case of chrianjilal ramchandra loyalka v. life insurance corporation of india : air1959bom396 . while considering that decision, it is pointed out that the supreme court in a recent decision in : [1952]1scr513 has taken the view that ..... judge, surat, it appears that an appeal was filed in the high court but later on it came to be withdrawn. in other words, that decision passed in appeal no. 80 of 1931 stands.(6) thereafter in the year 1950 the bombay public trusts act came in force, and on an application made by the present appellants, an inquiry under section 19 of the act ..... bombay public trusts registration act, 1935 it was held that the properties at nasik were held to be not public trust properties. the definition of the 'public trust' under section 3(3) was to mean '.... an express or constructive trust created or existing for public purposes of religious or charitable nature'. the powers were given to the registrar under section 6 to decide after ..... an enquiry whether a trust is a public trust, whether any property is the property of such trust etc. enquiry was to be held according to the procedure provided by the rules under the act and as provided in section 10 the entries made by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-13-1967
Reported in : AIR1967SC1494; 1968(16)BLJR1; 1967CriLJ1380a; [1967]3SCR163
..... to hold an inquiry under public servants inquiries act, 1850) and that for the purpose of the contempt of courts act the word 'subordinate' would include all courts and tribunals over which high court is given the power of superintendence under art. 227 of the constitution. ' in lakhama pesha v. venkatrao swamirao a.i.r. 1951 pun 49 the question was, whether the chief judge of the ..... party has a right to be represented by a legal practitioner. 13. in this case, the assistant registrar concerned, along with several other persons, was given the power of the registrar under various sections of the act including s. 48 [excepting sub-ss. (6) and (8)] by the state government. he was not a nominee of the registrar. 14. it will be noted ..... or referred under clause (b) or (c) of sub-s. (2) may appeal to the registrar. sub-s. (7) gives the registrar, in the case of dispute under this section, the power of review vested in a civil court under s. 114 and under o. xlvii, r. 1 of the code of civil procedure, 1908 as also the inherent jurisdiction specified in ..... s. 151 c. p. c. sub-s. (8) gives the registrar the power to state a case and refer it to the district judge for decision whereupon the decision of the district judge is to be final. under sub-s. (9) a decision of the registrar under this section and subject to the orders of the registrar on appeal or review, a decision .....
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