Court : Rajasthan
Decided on : Apr-17-1967
Reported in : 1968CriLJ270
..... v. united states, (1895) 159 us 523, in these terms: 'the decision of this question (whether the child-witness has sufficient intelligence) primarily rests with the trial judge, who sees the proposed witness, notices his manner, his apparent possession or lack of intelligence, and may resort to any examination which will tend to disclose his capacity and ..... record the questions put to this witness.9. the proviso to section 5 of the oaths act does not require that the court should also keep a record of the material which formed the basis of its opinion, the sessions judge was satisfied that it was a case in which oath should not be administered and statement be ..... clear that it was erroneous'. the mere circumstance that the sessions judge did not interrogate the witnesses, before their examination began, with a view to test their capacity, does not, in the view i take of the true effect of section 118 of the indian evidence act, invalidate the trial.this view has been followed by the calcutta .....
Tag this Judgment!Court : Chennai
Decided on : Dec-14-1967
Reported in : (1977)2MLJ191
..... been shown to deprive an individual employee of his right to pursue the appeal which he had preferred long before the reference to the tribunal under the central act was made. the learned judge was of the view that it would perhaps be a different matter if the employee had taken his case before the tribunal to which an industrial dispute had ..... enacted. therefore, the object of the legislation is for investigation and settlement of industrial disputes. the act constituted under chapter ii the authorities under the act, namely, works committee, conciliation officers, boards of conciliation, courts of inquiry, labour courts, tribunals, national tribunals etc. chapter iii of the act provided for references of disputes by the government to boards, courts or tribunals. provision is also .....
Tag this Judgment!Court : Chennai
Decided on : Sep-21-1967
Reported in : (1968)1MLJ289
..... in its own good time the question relating to the forum of trial as well as of appeal under the indian divorce act is an urgent matter. there is no need to waste the time of the judges of the high court over matters which relate to the christian community which are no more important than similar matters relating to ..... appeal in civil cases apply. it is unnecessary and wholly incongruous that the causes under the indian divorce act, should be heard by a high court judge, in the city and decrees passed by district judges should be confirmed by a bench of three judges of the high court. it is necessary and it would be advisable, to bring the provisions of ..... the indian divorce act, in regard to divorce and judicial separation, in line with the provisions of the other three acts already mentioned. while that is a .....
Tag this Judgment!Court : Chennai
Decided on : Jul-27-1967
Reported in : (1968)2MLJ463
..... issue was framed reading as under:whether this court has no jurisdiction and the suit is not maintainable as per the provisions of madras act xxvi of 1963.2. the learned subordinate judge held that the court had jurisdiction. sri r. kesava ayyangar appearing for the petitioners states that the order is wrong and that the ..... a patta it would take effect from the date of the notification. as pointed out by veeraswami and krishnaswami reddy, jj., in mustafa v. udayanchiammal : (1968)2mlj58 .. the issue of patta is in recognition of the title that inhered before the notified date and continued to inhere in the landholder thereafter to the private ..... statutory tribunals. rajamannar, c.j., and ganapatia pillai, j., in adakalathmmal v. chlnnayan panipundar : air1959mad447 , while considering section 56 (1), a similar provision in conversion into ryotwari act (xxvi of 1948), held, approving the ratio in soosai udayar v. andiyappan (1959) 1 m.l.j. 195 : , agreed that (at page 317):if the relief .....
Tag this Judgment!Court : Chennai
Decided on : Nov-23-1967
Reported in : (1970)1MLJ300
..... the argument that where the scheme was framed not by the transport department, but by the government itself, this was contrary to section 68-c of the act.. the learned judge held, after an analysis of articles 154, 162 and 166 of the constitution, that state road transport was a matter falling within the executive power of ..... therefore, feel that no apology is needed for setting forth these passages verbatim here.the effect of the said provisions, insofar as they are relevant to the present inquiry, may be stated thus : the state transport undertaking is an undertaking providing road transport service which is carried on by the state or any other corporation or authority ..... undertaking must necessarily be that of the state government which runs the undertaking. the anomaly of the state government being the proposer of the scheme and the judge of its validity, it has been noticed by the supreme court in several cases, could be avoided in practice by suitable provisions in the exercise of the .....
Tag this Judgment!Court : Chennai
Decided on : Sep-27-1967
Reported in : (1969)2MLJ418
..... , the present civil revision petition is filed.2. sri r. rangachari for the petitioner contends that under the new act, a right of appeal is expressly provided to the co-operative tribunal, namely, the district judge, tiruchirappalli, in this case, against the award of the officer of the co-operative department and the award having ..... avail of the right of appeal, even though the original proceedings were initiated under the old act. according to him, section 121 (3) of the new act, is applicable and hence his appeal under section 96 of the new act to the district judge is competent. counsel for the respondent, however, stated that the appeal is incompetent as section ..... to have been provided for under section 51 (5) of the old act, but under the new act, co-operative tribunals are constituted by the government and the district judge of tiruchirappalli, in the instant case, is the co-operative tribunal under the act, to whom a right of appeal is expressly provided for against the orders .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-06-1967
Reported in : AIR1968Cal1,71CWN719
..... disposal, as all of them involve a matter of great public importance, pamely the vires of the public premises (eviction of unauthorised occupants) act. 1958 (central act 32 of 1968) (hereinafter referred to as the 'said act'). there has been a common argument in all these cases and the point of law being tht same, they will all be governed by ..... given to the persons affected to show cause against the proposed order of eviction and also to present their case to the estate officer at the lime of the inquiry. if the estate officer makes an order of eviction, he is to give the persons in occupation of the public premises thirty days' time to vacate the premises ..... or classification having a clear and reasonable relation to the object sought to be attained.' 21. it was held that the main reasoning of the majority of the judges in anwar ali's ease (supra) was hardly applicable to the impugned statute, based on a classification which in the context of the abnormal postwar economic and social .....
Tag this Judgment!Court : Delhi
Decided on : Mar-02-1967
Reported in : AIR1968Delhi13a; 1968CriLJ50a
..... and were intended to injure their religious susceptibilities the application came up for hearing before a special bench of the punjab high court on 10th december 1962 and the learned judges held that the petitioner had an interest in the book in question and as such had locus standi to file the application. (4) before dealing with the respective ..... forfeited and to issue search warrants for the same, and reads as under- '(1) where- (a) any newspaper, or book as defined in the press and registration of books act, 1867 (25 of 1867), or (b) any document, wherever printed, appears to the state government to contain any seditious matter or any which promtoes or is intended to promtoe ..... feelings of enmity or hatred between different classes of citizens of india and the publication of which is punishable under section 153-a of the indian penal code (act 45 of 1860). now, thereforee, on the above-stated grounds and in exercise of the powers conferred by section 99-a of the code of criminal procedure .....
Tag this Judgment!Court : Delhi
Decided on : Dec-08-1967
Reported in : 4(1968)DLT338
..... court observed as follows: - 'if there is one principle of cardinal importance in the administration of justice, it is this: the proper freedom and independance of judges and magistrates must be maintained and they must be allowed to perform their functions freely and fearlessly and without undue interference by any body, even by this court. ..... cabin for making water, and the alleged phtoographs of thumb marks on the discovered packet of currency ntoes were completely ignored at the evidence stage. these i acts appear to have been mentioned in the challan simply to show a prima facie case against the accused. a proper investigation of the case, must, in my ..... on the grounds that they were wholly uncalled for, unjustified, unwarranted and irrelevant to the point in issue,that the said observations or remarks relate to some act, conduct and statements of the petitioners, that they were never brought to the knowledge of the petitioners and no opportunity was given to them to furnish their .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-1967
Reported in : (1969)1MLJ173
..... properties as well as outstandings belonging to kannammal and that the defendants would be entitled to enjoy the properties without any objection whatsoever and with all rights. the learned judges held that the effect of the deed was to operate as a transfer of whatever rights the plaintiff had to the defendants. in t. mammo v. ramunni ..... 66 forbids only such a suit against a certified purchaser or those claiming under him. as a matter of fact, according to the finding of the learned subordinate judge, which is binding on me, ramasesha iyer's heirs acknowledged the fact that the purchase was benami on behalf of chengalvaraya iyer. there is nothing in section ..... a bar. the learned judges relied on the privy council decision in mst. buhuns kowar v. behoree lall (1870) 14 m.i.a. 496, and observed:it is obvious, therefore, that when after obtaining certificate of sale, the purchaser acknowledges that his purchase is benami and gives up possession, or does some act which unequivocally indicates an .....
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