Court : Orissa
Decided on : Jan-10-1967
Reported in : AIR1967Ori116; 33(1967)CLT684; (1968)ILLJ64Ori
..... to take the case out of the category of cases where vicarious liability of the employer would arise. the learned subordinate judge rightly held that the state was vicariously liable to pay damages for the rash and negligent act of its driver. 6. the next question is what is the principle for determination of quantum of damages in a case ..... was so wide at the spot that two vehicles could easily pass each other there. the conclusion of the learned judge that the accident was due to rash and negligent driving is unassailable.5. thus the driver committed a tortious act in course of his employment by the state government. in air 1962 sc 933, state of rajasthan v. mst. ..... rash and negligent driving on the part of the driver and that the state was vicariously liable for the act of the driver in course of ms employment. on the further finding that the plaintiff was the widow of late padmacharan the learned judge decreed the suit for rs. 8400/- assessing the damages at the rate of rs. 25/- per .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-1967
Reported in : AIR1967SC1368; [1967]3SCR50
..... 4) even the high court held that in regard to licensees against whom there were no complaints a further inquiry should be held. in support of the contention we were taken through all the necessary correspondence. the learned judges on a consideration of the entire material placed before them, held that the commissioner of excise and taxation ..... restriction on the appellant's fundamental right to do business. 23. this argument was sought to be sustained on the following grounds : (1) though under the act yearly leases were issued, in practice renewal was a matter of course. (2) on the basis of the issuance of a licence heavy expenditure had been incurred ..... said localities, the respondents refused to renew their licences to carry on the said business in the said localities. they also pleaded that under the excise act, 1958, hereinafter called the act, the issuing of licence was at the discretion of the excise commissioner and he had, having regard to the complaints received, bona fide, in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-1967
Reported in : AIR1968SC43; 1968CriLJ89; (1968)70PLR201; [1967]3SCR256
..... , the appellants, about whose identity there is no manner of doubt whatsoever, cannot escape the consequences of the act of all the six persons merely because in the case of three of those who have been acquitted the learned judge has not been satisfied as to their identity and the fourth he has acquitted on a consideration that as no ..... corroboration is available as to him of the witnesses he may be given the benefit of doubt. the matter might have been different if the learned judge had disbelieved the witnesses with regard to those four persons, but this he has not done.' 4. the charge against the six accused including the two appellants was ..... bombay : 1960crilj424 , 12 named persons including the two appellants were charged with offences under s. 302 read with sections 149 and 34 of the indian penal code. the sessions judge acquitted seven of the accused but convicted five under s. 302 read with s. 149 and s. 302 read with s. 34. on appeal, the high court acquitted one .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-1967
Reported in : AIR1967SC1581; (1967)69PLR781; [1967]3SCR399
..... 7 gives the collector the power 'to recover rent or damages in respect of public premises as arrears of land revenue. for the purpose of holding any inquiry under the act, the collector has the power of summoning witnesses and certain other powers vested in the civil court when trying a suit (s. 8. an appeal lies ..... .r. 353. (8) [1955] 1 s.c.r. 448 at 466. clusions of the investigation commission when acting both as investigators and judges, the taxation of income (investigation commission) act 1947, might have been sustained. even an act giving the executive an option of sending a case for trial by a special criminal court is not necessarily violative of art ..... provisions are similar to those of the public premises (eviction of unauthorized occupants) act, 1958, save that an appeal under the central act from an, order of the estate officer lies to the district judge. the high court found that the act does not offend arts. 14 and 19(1)(f) of the constitution. the appellant has now abandoned .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-1967
Reported in : AIR1968SC418; (1968)70BOMLR332; 1968MhLJ435(SC); [1968]1SCR652
..... by the applicants, the assistant charity commissioner was bound to declare the existence of the public trust and register it. under s. 19 of the bombay public trusts act an inquiry may be started by the deputy or assistant charity commissioner either on an application made under s. 18 or on an application made by any person having interest in ..... for either a religious or charitable or for both by the express words of the definition is a public trust. we are unable to agree with the learned assistant judge that sadhus, religious mendicants and visitors to the samadhi of nagabawa are not a section of the public. they have a common bond of veneration for the samadhi. ..... the order of the collector, nor is it a suit in which the relief claimed is inconsistent with the order of the city survey officer. 10. the learned assistant judge held that the beneficiaries referred in ext. 14 as 'sadhus, saints and religious mendicants' do not from the public or a section thereof, and on that account also .....
Tag this Judgment!Court : Delhi
Decided on : Oct-09-1967
Reported in : AIR1968Delhi131; 4(1968)DLT4
..... while determining whether the conduct of a particular party amounts to an estoppel, could travel beyond the provision of section 115 of the evidence act.' in view of this conclusion of the learned judge, it is unnecessary to pronounce any concluded opinion whether the students in these cases could be granted any relief on the ground of equitable ..... ultra virus and the proposition that there cannto be any estoppel against a statute can have application and reference only to such acts which are ultra vires. the basis of this conclusion of the learned judge is that clause 1 of ordinance 1 which we have extracted already had prescribed as to who are eligible for admission to ..... to an admission of a student made in violation or breach of the provisions in ordinance i. the learned judge has further held that an act which is ultra virus the statutory provision should be distinguished from an act which is only irregular and that where a statute authorises a body like the academic council to do a .....
Tag this Judgment!Court : Delhi
Decided on : Oct-09-1967
Reported in : ILR1968Delhi364
..... while determining whether the conduct of & particular party amounts to an estoppel, could travel beyond the provisions of section .115 of the evidence act.'in view of this conclusion of the learned judge, it is unnecessary to pronounce any concluded opinion whether the students in these cases could be granted any relief on the ground of equitable estoppel ..... virus and the proposition that there cannto be any estoppel against a statute can have applicacation and reference only to such acts which are ultra vires. the basis of this conclusion of the learned judge is that clause 1 of ordinance i which we have extracted already has prescribed as to who are eligible for admission ..... to an admission of a student made in violation or breach of the provisions in ordinance 1. the learned judge has further held that an act which is ultra virus the statutory provision should be distinguished from an act which is only irregular and that where a statute authorises a body like the academic council to do a .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1967
Reported in : AIR1969Guj48; (1969)GLR253
..... the medical opinion that a person was an idiot because by the mere deficiency in reasoning power he was unable to manage his affairs was useless in the inquiry as to whether the person was an idiot in the eye of law. the testwhich was applied by the division bench was that a person who was capable ..... lunacy'. mr. vakil in this connection vehemently relied upon the decision of phillimore j. in whysall v. whysall, 1959 (3) all er 389, where the learned judge had interpreted the expression 'incurably of unsound mind' in a similar matrimonial legislation in england. on parity of reasoning mr. vakil argued that we should include even feeble-minded ..... , therefore, consider the import of these three relevant expressions, 'idiot', 'lunatic' and a person oil 'incurably unsound mind' in the context of the aforesaid scheme of the act.6. in titli v. alfred robert jones : air1934all273 , the division bench consisting of sir sulaiman c. j. and mukherjea j. had to consider the difference between medical and .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-1967
Reported in : AIR1968Raj136
..... 197, criminal procedure code, is necessary for prosecution of the president or vice-resident of a municipal council, constituted under the mysore town municipalities act, 1951.'in this case the learned judge followed an earlier decision of his own court. he also repelled the contention raised before him that the word 'remove' employed in section ..... otherwise flagrantly abused in any manner his position as such member; provided that an order of removal shall be passed by the state government after such inquiry as it considers necessary to make either itself or through such officer or authority as it may direct and after the member concerned has been afforded ..... or with the sanction of the state government. this objection prevailed with the learned magistrate, against which a revision was preferred before the additional sessions judge. jaipur district jaipur for the reasons that the powers of removal were delegated by the state government to the director of local bodies by certain .....
Tag this Judgment!Court : Kolkata
Decided on : May-05-1967
Reported in : AIR1968Cal105,71CWN831
..... of the parties'. in other words, we have taken it to mean that a decree of proof is not demanded in such cases, such as in a scientific inquiry would justify the conclusion that such and such an event is impossible. the departure from the normal course of things is so extra-ordinarv in this case that the ..... its shape materially, according as the woman is in the upright or horizontal position, being much less prominent when she is lying down and accordingly contended that the learned judge's judgment, being based upon his own speculations about the size of the abdomen, without considering the above positions, has become erroneous. in spite of mr. pal's ..... that the public interest requires that the marriage bond shall not be set aside lightly or without strict enquiry. the terms of the statute recognise this plainly. the act has not favoured and encouraged divorce, dissolution or declaration of nullity of marriage except on very strict grounds and i think it would be quite out of keeping with .....
Tag this Judgment!