Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1967 Page 12 of about 665 results (0.390 seconds)

Kuttisamy thevar and ors.

Court : Chennai

Reported in : (1967)2MLJ503

..... the attempt to murder and of murder the accused other than the appellants were charged with constructive liability by reason of section 149, indian penal code. the learned sessions judge, however, found that there was no unlawful assembly, and that, except for the first three accused who are the appellants here, the charges were rot proved as against ..... section 34 requires evidence of a particular common intention. in certain cases where section 149 is employed, it may well be that the common intention to commit a particular act in the course of the incident may not be established. but before section 34 can be used, such a common intention must necessarily be made out. that the ..... , in so far as the conviction is under section 34, we have to discover what the common intention was, for, if it should so happen that the act by one of the accused has exceeded that common intention or has been different from that common intention the other accused cannot possibly be made liable under section 34 .....

T. S. Rajam Vs. Controller of Estate Duty, Madras.

Court : Chennai

Reported in : [1968]69ITR342(Mad)

..... of law. the test also may break, for what is complex to one judicial mind may be clear and obvious to another; it depends upon the equipment of a particular judge. in the ultimate analysis the said concept is comprised of many imponderables : it is not capable of precise definition, as no objective criterion can be laid down, the ..... of the supreme court brings home the well-laid formula for deduction of mistakes and for rectification of the same; namely, it depends upon the equipment of a particular judge to discover whether on a fair probe into the record, such a mistake does appear and if such mistake is so apparent in the record, it has to be ..... officer, alwaye v. asok textiles ltd. the following observation at page 735 makes the position clear :'the learned judges of the high court seem to have fallen into an error in equating the language and scope of section 35 of the act with that of order xlvii, rule i, civil procedure code. the language of the two is different because according to .....

Bhajan Singh Hardit Singh and Co., Delhi Vs. Karson Agency (India) and ...

Court : Supreme Court of India

..... from the end of july, 1951, and therefore, the suit was barred by time. (7) the learned subordinate judge held that according to section 46 of the sale of goods act read with section 54 of the same act, an unpaid seller has a lien on the goods for the price while he is in possession of them, and ..... respondent on 23-8-1951, and was thus barred by time. dealing with this contention, the learned judges observed that the aforesaid argument did not take sufficient account of section 24 of the indian limitation act. after extracting section 24, the learned judges proceeded to observe as follows:- 'a breach in the abstract would not be sufficient, in our opinion, ..... no reference was made either by the parties or the learned subordinate judge to any particular article in the limitation act as being applicable to the case. they appear to have assumed that the period of limitation was 3 years, presumably under article 115 of the limitation act, and the controversy was only as to the date on which the .....

Mrs. Marie Baker Vs. Melville Baker

Court : Kolkata

Reported in : AIR1968Cal144

..... did not contest. the wife along with another woman deposed but they were not cross-examined. adultery and desertion were proved. the learned judge decreed the suit ex parte subject to confirmation by this court3. the only and all important question in this reference is, has the ..... prima facie unreasonable, and not meritorious. there is a considerable guidance from the english decisions on the matter and there are opinions of able judges in this country. see adelaide mande tobias v. william albert tobias, : air1968cal133 where longer periods of delay were condoned but my own ..... it is difficult to know of the tests of inward feelings of a wife but the outward signs of act or speech are important factors to consider. the court should have directed itself to enquire as to what did the wife do or ..... how did she act to abate the evil and what steps did she take to assert her rights? did the wife make an honest .....

Commissioner of Income-tax, West Bengal I Vs. Bangodaya Cotton Mills L ...

Court : Kolkata

Reported in : [1968]69ITR812(Cal)

..... but from that of a businessman. the yardstick is that of a prudent businessman. the reasonableness or the unreasonableness of the amount distributed as dividends is judged by business considerations, such as the previous losses, the present profits, the availability of surplus money and the reasonable requirements of the future and similar others ..... this section was introduced to prevent exploitation of juristic personality of a private company by the members thereof for the purpose of evading higher taxation. to act under this section the income-tax officer has to be satisfied that the dividends distributed by the company during the prescribed period are less than the statutory ..... the assessment year 1955-56 and 1956-57 were small within the meaning of the expression smallness of profits in section 23a of the indian income-tax act, 1922, and that any further declaration of dividend than that declared by the assessee would be unreasonable ?'since the decision of the tribunal, the supreme .....

Crown Coat Front Co., Inc. Vs. United States

Court : US Supreme Court

..... 59 . such a civil suit is seemingly barred if the right to bring it first accrued more than six years prior to the date of filing the suit. our initial inquiry is, therefore, when the right of the contractor in this case to bring suit in the district court page 386 u. s. 511 first accrued. in our opinion, ..... has decided nager electric co., inc. v. united states, 177 ct.cl. 234, 368 f.2d 847, a unanimous decision by that court supported by an exhaustive opinion by judge davis dealing with the application of the "first accrual" language of 28 u.s.c. 2501 [ footnote 5 ] to both breach and disputes clause claims under the typical ..... contain a provision making final on a question of law the decision of any administrative official, representative, or board." [ footnote 10 ] the committee report on the wunderlich act disaffirms an intention to confer any new rights on the contractor other than the widened scope of review and refers specifically to the six-year statute of limitations barring stale .....

State of Mysore by General Manager, Mysore Implements Factory Vs. Unio ...

Court : Karnataka

Reported in : AIR1968Kant237; AIR1968Mys237; (1968)1MysLJ178

..... inferior in rank to an assistant collector of central excise and empowered in that behalf by the central government. such authority or officer may thereupon make such further inquiry and pass such order as he thinks fit, confirming, altering or annulling the decision or order appealed against. provided that...... (2) every order passed in ..... the constitution. subba rao j. as he then was from whose exposition of this particular aspect of the matter there was no dissent by the other two judges, said this:'the entire scheme of rules posits a judicial procedure and the central government is constituted as a tribunal to dispose of the said revision. indeed ..... nathubhai v. union of india, : [1960]2scr775 , rules that the central government, exercising its power of review under r. 54 of the mineral concession rules, 1949, was acting judicially as a tribunal.'the same enunciation emerges from the decisions in : [1960]2scr775 and harinagar sugar mills v. shyam sunder, : [1962]2scr339 . in the first, .....

Gour Chandra Gouda and anr. Vs. the State

Court : Orissa

Reported in : AIR1968Ori67; 33(1967)CLT936; 1968CriLJ528

..... the state. on appeal, the conviction of the petitioner, who was one of the accused persons in that case, was set aside by the sessions judge on the ground that there was no reliable evidence to show that the tapioca belonged to the petitioner. he, however, maintained the order of confiscation. thereafter the petitioner ..... of kerala is similar to the present one. there the petitioner along with several others was tried for offences under the provisions of the essential supplies (temporary powers) act, 1946, as the accused persons were found transporting without permit about 150 bags of dried tapioca chips. the magistrate convicted the accused persons and confiscated the goods to ..... act to deal with situations like the present one where the accused does not claim the property, nor any other person claims it to be his. in such a case, resort has to be made to the provisions contained in the cr. procedure code. sub-section (1) of section 517, cr. p.c. lays down that:'when in inquiry .....

Dondapani Samanta Rai Vs. Duryodhan Pradhan and ors.

Court : Orissa

Reported in : AIR1968Ori167; 1968CriLJ1190

..... ramdas accordingly pinpointed his argument and contended that the evidence of p.ws. 6 and 9 should not have been discarded. he, however, conceded that the learned sessions judge did not use the f.i.r. for contradicting the evidence of these two witnesses. thus the contention that the inadmissible evidence was admitted has no application to the ..... the way, they were assaulted by the members of the party of p. w 3. other accused took a plea of complete denial.3. the learned sessions judge after a thorough examination of the relevant evidence came to hold that the prosecution witnesses were interested and untrustworthy and that the prosecution was guilty of suppression of material ..... the basis of the materials on record. the fact that the learned sessions judge utilised the f.i.r. in disbelieving some of the witnesses other than p. ws. 6 and 9 does not affect his ultimate conclusion. section 167 of the evidence act lays down:'the improper admission or rejection of evidence shall not be ground of .....

In Re: Shri Inder Singh

Court : Punjab and Haryana

Reported in : AIR1968P& H328

..... leave to appeal to the supreme court from this judgment was declined. 2. inder singh, while practising as a pleader in mansa in a regular inquiry held by the district and sessions judge, bhatinda, on 25th of may, 1962 was found to have accepted a sum of rs. 900 from his client in a criminal case for payment ..... behalf of the bar council, punjab under the provisions of order 47, rule 1, read with section 151, civil procedure code, on the around that chapter v of the advocate act, 1961, empowering the bar council to take disciplinary action not having been enforced yet, the high court itself could take the appropriate action. the bench having already expressed ..... the length of time which has elapsed since his dismissal, the extent to which he has been tried in other walks of life, the opportunities he had of acting honestly in the face of temptations and the opinions ofrespectable persons who have had personal experience of his honesty are the important determining factors'. 9. the lahore high .....