Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1967 Page 10 of about 665 results (0.197 seconds)

Prima Paint Corp. Vs. Flood and ConklIn Mfg. Co.

Court : US Supreme Court

..... agreement were enforceable in federal court but not in the state court, id. at 350 u. s. 204 , posed a choice of two alternatives for judge medina. if he held that the arbitration act rested solely on congress' power, widely recognized in 1925 but negated in erie, to prescribe general federal law applicable in diversity cases, he would be compelled ..... not encroach upon the province of the individual states." cohen & dayton, the new federal arbitration law, 12 va.l.rev. 265, 276-277. all this indicates that the 4 inquiry of whether the making of the arbitration agreement is in issue is to be determined by reference to state law, not federal law formulated by ..... u.s.c. 152(7). in other instances, congress has chosen more restrictive language. fair labor standards act of 1938, 52 stat. 1062, 6, as amended, 29 u.s.c. 206. prior to this case, this court has always made careful inquiry to assure itself that it is applying a statute with the coverage that congress intended, so that the meaning .....

Ramchandra Sheshgiri Kamath Vs. Janardan Vishwanath Hegde

Court : Mumbai

Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766

..... from disputing that the particular temple was the subject of a public religious trust. it was held by their lordships that the decision of the district judge under the charitable and religious trusts act - a decision from which under section 12 there is no appeal - was a decision in a summary proceeding, that it was not made final ..... , for it is then alone, and not otherwise, that principles analogous to res judicata would apply. as i have stated above, the simple issue in the summary inquiry under chapter vii as it existed at the material time was whether the tenancy was determined or the licence was withdrawn and if the applicant established that bare fact, ..... which were on the statute book at the material time show that a proceeding under chapter vii is in the legislature itself contemplated that an nature of a summary inquiry and order under section 43 would be subject to a decree passed in a regular suit. the second paragraph of section 47 expressly provided that the decree in .....

Jafferali Alibhai and anr. Vs. S.R. Dossa and Co. and anr.

Court : Mumbai

Reported in : AIR1969Bom66; (1968)70BOMLR359; 1968MhLJ593

..... beyond the jurisdiction of the city civil court was, therefore, incompetent to entertain the suit. that case fell to be decided under the provisions of the court -fees act, 1870. the trial judge upheld the contention of the defendants and ordered that the plaint be returned for presentation to the proper court . on appeal, bavdekar, j. held that the city ..... question as to whether the valuation put by the plaintiffs should be accepted, or an inquiry ordered under the provisions of section 8a, observed that though the right of the plaintiffs under s. 7(iv)(c) to put his own valuation was indisputably subject to ..... that if the court was of opinion that the subject-matter of a suit had been wrongly valued, it could revise the valuation by holding the necessary inquiry for that purpose. the plaintiffs put their own valuation on the said suit under the provisions of s. 7(iv)(c), and the division bench, in considering the .....

Balchand Champalal Bhandari Vs. India Pictures and ors.

Court : Madhya Pradesh

Reported in : AIR1967MP280

..... plaintiff had to obtain the copy and there are certain happenings in the copying department which had to be extracted after an elaborate inquiry by us with reference to the document and registers of the district judge's copying department. from that also it is urged that even apart from limitation of the suit, the appeal in this ..... on that test the present suit brought on the 13th september 1954 was within time treating any one of the three cheques as acknowledgment under section 20 of the limitation act. 14. in the result, therefore, we wouldallow the appeal, set aside the trial court'sjudgment of dismissal and decree the suitfor principal and interest; future interest alsopayable ..... the cheques--one honoured and two dishonoured--was equivalent to part payment or acknowledgment in the writing of the debtor for the purposes of section 20 of the limitation act, having found that it was, on the strength of ruling of this court in 1961 mplj 645'. (air 1961 madh pra 346) it went on further to .....

Neelakanta Iyer Subramania Iyer Vs. Ramakrishna Iyer Venkitachalam Iye ...

Court : Kerala

Reported in : AIR1969Ker31

..... statutory provision contained in section 144 of the civil procedure code. there is no scope to bring into it conceptions of 'justice, equity and good conscience', which are bound to vary from judge to judge. section 144 civil p. c. provides as follows :--'144. (1) where and in so far as a decree is varied or reversed, the court of first instance shall, on ..... recover from them any interest. it is obvious that, if that is so, injury, and very grave injury, will be done to the petitioners. they will by reason of an act of the court have paid a sum which it is now ascertained was ordered to be paid by mistake and wrongfully. they will recover that sum after the lapse of ..... cannot absolve himself from the liability by simply saying that he has not realised the whole amount, and that he has filed a suit. he has to establish that he acted in the ordinary course of business in giving the lease, that he took all reasonable steps in recovering the whole rent, and that, in spite of such efforts, he .....

Abdulkadar Ebrahim Sura and anr. Vs. Kashinath Moreshwar Chandani and ...

Court : Mumbai

Reported in : AIR1968Bom267; (1967)69BOMLR848; 1968MhLJ223

..... ]1scr168 ). the office of the motor vehicles tribunal was, therefore, wrong in insisting upon the applicants that they make the insurance company party to the proceedings. the learned judge was equally wrong in permitting the insurance company to take part in the proceedings which had no relation to any of the defences which it could have taken under s ..... by the party. the principles of assessing costs on the original side do not apply in other courts where duel system does not operate. under the motor vehicles act, there is no direct provision which enables the tribunal to award costs. but the whole procedure is left to be governed by the rules framed by the government ..... , the executor administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum when recovered shall be part of the estate of the deceased'.*(the reference to s. 1 appeared to be a mistake for .....

Poulose and ors. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1969)ILLJ336Ker

..... 226 should be presented. it was further stated that no hard and fast rule can be fixed in that regard and the matter should be left to a trying judge or a bench to accept the petition though presented beyond the period. such has been the trend of decisions of this court and the position has been reiterated in ..... will be a reasonable yardstick to measure the delay in writ applications and the application in that case having been made within the period of limitation prescribed by the limitation act, it was held that there was no delay in presenting the application. the suggestion put forward by counsel on behalf of the petitioners is that the petitioners were ..... which inhibits the levy or collection of tax except by the authority of law. the analogy of these decisions cannot be applied to cases where there have been completed acts by which a wrong has been perpetuated, whatever may be the consequences that may follow.21. counsel on behalf of the petitioner in original petition no. 2388 of .....

T.K. Saravana Perumal Vs. Shishikana Perumal

Court : Chennai

Reported in : (1968)2MLJ562

..... cruel and then to say that cumulatively they do not amount to anything grave, weighty or serious.in the same case lord tucker stated:every such act must be judged in relation to its attendant circumstances, and the physical or mental condition or susceptibilities of the innocent spouse, the intention of the offending spouse and the ..... event, the respondent herself having put forward the case that she was treated with cruelty by the appellant, under section 35 of the special marriage act, 1954, the learned additional judge ought to have granted a decree for divorce.7. before i deal with these contentions, it is necessary to refer to certain general principles which should ..... m.m. ismail, j.1. this is an appeal against the order of the learned additional judge, city civil court, madras, dismissing the application filed by the appellant herein, under section 27 of the special marriage act, for a decree of divorce, on the ground that the respondent has treated the appellant with cruelty.2. the .....

Moody Vs. Flowers

Court : US Supreme Court

..... 28 u.s.c. 2281. the answer to that question in turn depends upon whether the three-judge courts in these cases were properly convened. in no. 624, appellants attack the validity of an alabama statute (ala.laws 1957, act no. 9, p. 30) prescribing the apportionment and districting scheme for electing members of the houston ..... the suffolk county board of supervisors violates the fourteenth amendment and an injunction prohibiting the appellants from acting as a board of supervisors unless and until a change in their voting strength is made, and requesting the convening of a three-judge court. the 10 towns of suffolk county, new york, elect, by popular vote, a ..... a county charter. since the "statute" in each of these cases is one of limited application, concerning only a particular county involved in the litigation, a three-judge court was improperly convened. appeals should, therefore, have been taken to the respective courts of appeals, not to this court. since the time for perfecting those .....

Sukhdeo and ors. Vs. State

Court : Allahabad

Reported in : AIR1968All151; 1968CriLJ438

..... is culpable homicide not amounting to murder. the penal code, therefore, does not contain any definition of culpable homicide not amounting to murder.32. the words 'likely by such act to cause death' occurring in section 299 i.p.c. can only mean that the injuries caused be such that either of the following probabilities may exists, that is to ..... it has therefore, to be seen whether the injuries were caused in the circumstances that it could be said that the appellants had knowledge that they were likely by such act to cause death. baijnath alias baiju was quite unarmed at the time he was attacked. he was mercilessly beaten with lathis by as many as six persons and as ..... s.d. khare, j.1. this is an appeal directed against an order dated 2nd july, 1964, passed by the learned additional sessions judge, varanasi convicting all the five appellants for offences of rioting, culpable homicide not amounting to murder and causing simple hurt and sentencing each of theappellants to imprisonment for life .....