Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1967 Page 15 of about 665 results (0.453 seconds)

Joy Sankar Bhattacharjee Vs. Sushil Kumar Gupta and ors.

Court : Guwahati

..... is equally well settled that the presumption of innocence of the accused is further reinforced by his acquittal by the trial court and that the views of the trial judge as to the credibility of the witnesses must be given proper weight and consideration. it was also held that there must be substantial and compelling reasons for the ..... accounts before 1.9.1960, and filed the criminal case against the respondents on 7.11.1960, which was committed to the sessions.3. the learned assistant sessions judge framed charges against the 1st respondent under sections 408 and 477-a i.p.c. and framed charges against the other respondents under the same sections read with ..... confessional statement made on oath by an accused person before the assistant registrar of co-operative societies in an inquiry held by him in regard to certain forged cheques is not necessarily inadmissible under section 24 of the indian evidence act. in ram singh v. state air 1959 all 518 it was held that to distinguish between a .....

Prince Azam Jah Vs. Expenditure-tax Officer

Court : Andhra Pradesh

Reported in : [1970]78ITR364(AP)

..... to the assumption in the sections quoted of community when, two spouses live together and when usually each would get the benefit of the income of each without inquiry into the source. so far as the constitution of the united states is concerned the legislature has power to determine what the consequences of marriage shall be, ..... in the opinion of the court, is more reasonable, unless it is convinced that the method adopted is capricious, fanciful, arbitrary or clearly unjust.' 52. the same learned judge, speaking for the court, in gopal narain v. state of uttar pradesh, stated:'but in the application of the principles, the courts, in view of the inherent complexity ..... that the respondent was empowered to reopen the assessment under section 16 of the act. regarding the main question under article 14 turning on the interpretation of section 4(ii) of the act, it was held by the learned judge that different kinds of property may be subject to different rates of taxation, but so long as there .....

Shiv Charan Das Sharma Vs. Regional Transport Authority and ors.

Court : Allahabad

Reported in : AIR1969All269

..... consisting of verma and rajeshwari prasad, jj. they found that the decisions of this court on the question were conflicting. they pointed out that several single judges of this court had answered this question in the affirmative while it had been answered in the negative in two division bench decisions of this court (civil ..... standing to b to maintain the writ petition. it was further observed: '......the learned single judge rightly overruled the preliminary objection and held that the writ petition was maintainable. we have seen that the state transport appellate tribunal acted without jurisdiction in granting a permit in hearn's favour. faced with this illegal grant of ..... permit in favour of hearn, bundu khan and masa ullah khan could properly come to this court with the request that the illegal grant should be quashed. that is what the learned single judge has done.' .....

Lakshmi Sugar Mills Co. Private Ltd. Vs. National Industrial Corporati ...

Court : Punjab and Haryana

Reported in : [1966]36CompCas31(P& H)

..... neglected to pay the amount claimed in the notice, within the meaning of clause (a) of sub-section (1) of section 434 of the act. not satisfied with the judgment of the learned single judge, theiappellant-company has come up in appeal.7. mr. bhagirath dass, the learned counsel for the appellant-company, has fairly and frankly conceded that ..... this is not a case where winding up can possibly be ordered under section 433(1) read with section 434(1)(a) of the act. moreover, the learned single judge having exercised his discretion in refusing to pass a winding-up order under section 433(c) which provision confers a discretionary jurisdiction, we cannot interfere with that ..... contained in the balance-sheet of a company amounted to an acknowledgment within the meaning of section 19 of the limitation act, 1963, or not. even at the hearing of the winding up petition before the learned single judge the respondent-company did not deny its liability to pay the amount shown to be due from it to the .....

Sahela Ram Son of Ch. Dhan Singh Vs. State of Punjab Through Secy. to ...

Court : Punjab and Haryana

Reported in : AIR1968P& H127

..... shock a reasonable mind.' if one of the grounds of interference by this court in such a decision, as is the opinion of the learned judges, is to scrutinise whether the act or acts done by the member of the municipal committee in disregard of his duty are such as can shock a reasonable mind, such scrutiny can only ..... two charges proved against the delinquent government servant, but the orissa high court found that out of five heads under one charge, two could not be sustained, the inquiry tribunal having already found one other of those five heads as not established, and it proceeded to quash the order made against the government servant with a direction ..... will at its best be a reasonable and at its worst be at least a plausible one. the public should not be deprived of this only safeguard....a judge is trained to look at things objectively, uninfluenced by considerations of policy or expediency; but, anexecutive officer generally looks at thingsfrom the stand-point of policy and expediency .....

Tirlochan Singh Vs. Karnail Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1968P& H416; 1968CriLJ1199

..... the law in england. it is the rule of practice so invariable and peremptory that it must be regarded as having hardened into a rule of law that the judge must be fully and expressly alive to the need for independent corroboration in material particulars both with regard to the offence and (he offender, that one accomplice cannot ..... be answered in the negative. the weight to be attached to his evidence is a matter of appreciation which is for the trial judge and will depend on the peculiar circumstances of this case8. section 123 of the act details various 'corrupt practices' sub-section (1) defines'bribery' the relevant part in clause (a) read with sub-clause (b). ..... 4. apart from any special provisions made in the act, the trial of the election petition is governed by the procedure laid down in the civil procedure code. however, it is now well settled that a charge of corrupt practices is in the nature of a criminal charge and the standard of judging evidence has to be the same as in a .....

Bejoy Lakshmi Cotton Mills Ltd. Vs. State of West Bengal and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1145; [1967]2SCR406

..... which he is interested; and the collector has to give an opportunity to the said objector of being heard; and, after hearing objections and making such further inquiry, the collector is to submit the case to the state government along with his report. under section 5, the state government may direct the prescribed authority or ..... farmers society, the 3rd respondent herein. in both the appeals there was a common attack against the order of the learned single judge setting aside the entire proceedings taken by the government, under the act. the division bench has also held that art. 166(2) is only to the effect that, when authentication is made in the ..... other matters pertaining to the preparation and submission of such a scheme. 13. the appellant's writ petition was heard, in the first instance, by a learned single judge of the calcutta high court. the appellant raised, broadly, two contentions. the first contention was that the notification, issued under section 4 as well as the declaration .....

Hans Raj Vs. Rattan Chand, Etc.

Court : Supreme Court of India

Reported in : 1968MhLJ164(SC); [1967]3SCR365

..... condonation of delay but failed to ascertain with reference to the nature of i. a. no. 1900 of 1960. whether it fell under s. 4 of the provincial insolvency act. the learned judge found that the petitioner had not made any claim before the official receiver and even if she chose to make any such claim, the official receiver had no power ..... was a claim put forward by a stranger to the insolvency proceedings setting up his own independent title. and it fell within the scope of s. 4 provincial insolvency act.' 12. the learned judges distinguished the cases of bhairo prasad v. s. p. c. dass : air1919all274 and hussaini v. muhammad zamir abdi a.i.r. 1924 oudh 294, on the ground ..... any question of the nature referred in sub-section (1) but has reason to believe that the debtors has saleable interest in any property the court may without further inquiry sell such interest in such manner and subject to such conditions as it may think fit'. 4. section 5 lays down the general powers of court under the .....

Gopi Kanta Sen Vs. Abdul Gaffur and ors.

Court : Supreme Court of India

Reported in : [1968]1SCR170

..... ground that he had sold his interest by a registered sale deed dated april 12, 1949 to one subasini. on a consideration of the provisions of the act and the ordinance, the subordinate judge held that the appellant, gaffur, was not liable to ejectment in the absence of any grounds therefore in the notice to quit in accordance with s. ..... thika tenant a notice to show cause within thirty days from the date of service of the notice why the application shall not be allowed and after making an inquiry in the prescribed manner either allow the application or reject it after recording the reasons for making such order......'7. the section further provided that no order allowing an ..... the suit was heard. the ground need not be specified in the plaint, but nevertheless it had to be established in the suit. in this case, the learned subordinate judge, seventh court, alipore who was directed by the remand order of the calcutta high court to take fresh evidence, if necessary, was not called upon by any of .....

Hardit Singh Giani Vs. Registrar of Companies, New Delhi

Court : Delhi

Reported in : AIR1969Delhi112; 4(1968)DLT6

..... as a liquidator. the winding up was subsequently brought under the supervision of the court by an order made by the then district judge delhi, on 26-3-1954 and dr. hardit singh continued to act as liquidator. on 25-4-1955 the liquidator settled the list of contributories and the examination of the managing director was also concluded ..... shri roshan lal in the year 1958 before shri h. r. khanna (now hon'ble mr. justice h. r. khanna of this court). the application remained under inquiry for two years till it was dismissed by an order dated 3-6-1960. the dismissal of this application was followed by a third application filed by shri kundan ..... himself and the real, substantial and honest interest of liquidation, which is the purpose for which the liquidator was appointed, can it be said that the learned district judge while ordering the removal of the appellant had kept these considerations clearly in view?38. after giving my anxious consideration to both these aspects and weighing carefully the .....