Court : Allahabad
Decided on : Mar-23-1967
Reported in : AIR1968All207; 1968CriLJ721
..... with the sanction of the state government and the offence alleged to have been committed by him had been committed by him while acting or purporting to act in the discharge of his official duty. the learned single judge-allowed this plea to be raised for the first time at the stage of revision because it affects the question of jurisdiction.2 ..... an act; nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though ..... gill v. the king, that-'a public servant can only be said to act or to purport to act in the discharge of his official duty, if his act is such as to he within the scope of his official duty thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-1967
Reported in : AIR1969All342
..... of 1954, seem to proceed upon a distinction between rectification of errors under sections 8 and 9 of the act and the more elaborate proceedings under section 12 of the act, which may even raise questions of title referable, through a civil judge, to the arbitrator, but there the similarity ends. it may be mentioned here, in passing, that this scheme was ..... which has been made by sub-section (2) of section 23 is in regard to the reference made to the civil judge and which had not been disposed of till then. it will be seen that section 21 of the act envisages proceedings up to the stage of an appeal and does not cover revisions filed under section 48 of the ..... case of sheoraj singh, that case is 1967 r. d. 51. in banshidhar's case the learned judge expressed the opinion that there being no provision in the act that orders passed in objection under section 9 of the act (equivalent to section 12 of the old act), if the objections are decided after the stage of objections under section 20 of the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-13-1967
Reported in : AIR1969P& H4
..... called the act ) and the orders passed by the settlement commissioner on 4th of november, 1963 had consequently become ineffective and inoperative, the powers of this authority, as a delegate of the central government having ceased to exist. the second ground on which the petition has been dismissed by learned judge is that the appellant failed to ..... as the stipulated price of this property has been paid by the punjab government in six half-yearly instalments as contemplated in the agreement.5. the learned single judge having taken the view that the package deal divested the central government and its officers of any authority over lands which had been transferred to the punjab state ..... judgment of d.k. mahajan j. of 2nd march, 1964, in civil writ no. 918 of 1962 (punj). no definite conclusion was reached by; the learned judge on this aspect of the case and it was said that the state government having denied that the property had ceased to vest in the central government the question for .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-08-1967
Reported in : AIR1968P& H495
..... the frame of the preliminary issues was not proper a definite issue on the disputed question of possession of the property should have been framed by the learned subordinate judge. inasmuch as the parties appear to have been fully aware of the dispute relating to possession and inasmuch as both sides led extensive evidence on, that point, it ..... or effective. the position regarding a valid and effective gift being made in the punjab, in the absente of the applicability of section 123 of the transfer of property act, appears to be the same under the hindu law as in cases governed by the customary law. 'gift consists in the relinquishment (without consideration) of one's own ..... represented to be done by the document did not in fact exist, nothing remained to be cancelled. the trial court has relied on section 39 of the specific relief act (1 of 187(sic)) the said provision is in the following terms: 'any person against whom a written instrument is void or voidable who has reasonable apprehension .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-1967
Reported in : AIR1968Delhi167
..... punjab high court in first appeal from order of shri m. l. verma, subordinate judge 1st class, delhi, made in the course of execution of an order made by a tribunal at amritsar under the displaced persons (debt adjustment) act, 1951 (hereinafter called the act). in order to understand the precise controversy giving rise to the question referred, it ..... on the basis of the majority view of a full bench decision of the punjab high court in prakash textile mills ltd. v. mani lal, . the learned single judge, however, distinguished the full bench decision and considering the ratio of two supreme court decisions in kiran singh v. chaman paswan, : [1955]1scr117 and iiira lal patni v ..... it holds it to be a nullity, in ledgard v. lord bull (1887) 9 all 191 lord watson, speaking for the board, observed as follows : 'when the judge has no inherent jurisdiction over the subject-matter of a suit, the parties cannto, by their mutual consent, convert, it into a proper judicial process, although they may .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-29-1967
Reported in : (1971)12GLR850
..... was that in order to be appealable under clause 15, a judgment must be a judgment pursuant to section 108 of the government of india act, 1915, but a judgment given by a single judge of the high court hearing an election petition under section 80a sub-section (2) is not a judgment pursuant to section 108 but is a ..... as in the present case, where jurisdiction to try an election petition is conferred for the first time by the representation of the people (amendment) act, 1966, an order made by a single judge in the exercise of such new jurisdiction would not be subject to the appellate jurisdiction possessed by this high court under clause 15 read with section ..... to first examine the correctness of these grounds.12. re: ground (i): the question which arises for consideration under this ground is whether the judge of the high court trying an election petition is acting as a court or as a special tribunal as distinguished from a court. to our mind the language of the various sections in part vi .....
Tag this Judgment!Court : Chennai
Decided on : Nov-03-1967
Reported in : AIR1969Mad155; (1969)ILLJ586Mad
..... another ground also. it was observed therein that the very pumping and storage of water in the establishment amounted by itself to a manufacturing process as defined hi the act. the learned judge followed for the proposition the decision of ramachandra iyer, j., (as he then was) in moosa kazimi v. k. m. sheriff, : (1959)iillj344mad . ..... source. there was a well within the premises which was not worked by electric power. the question arose whether the establishment was a factory under the act. the learned judge veeraswami, j., in rejecting the contention that the tannery is a factory, remarked:'it may be assumed that cleaning is a manufacturing process. but that ..... issue of a writ of certiorari or any other appropriate writ quashing the impugned order. as differing views have been expressed by learned single judge of this court in the application of the act to tanneries utilising water similarly obtained, w. p. no. 1166 of 1962 which in the first instance came up for hearing before srinivasan .....
Tag this Judgment!Court : Chennai
Decided on : Jul-07-1967
Reported in : (1968)2MLJ383
..... officials to ensure the bona fides of the receipts subsequently produced by the contractor engaged in transporting them. an assurance was given before the learned judge by the additional government pleader, that the department would take steps to issue permits without unnecessary dealy in future. learned counsel appearing for the petitioner ..... therefore they were heard together. the petitioners in these writ petitions seek for relief against the operation of the madras preservation of private forests act, 1949 (madras act (xxvii of 1949), which has been extended to certain well-known jagirs on the kalriyan hills, known as jadaya goundar jagir and kurumba goundar ..... prevention involves an interference with the customary rights of the petitioner as well as the inhabitants of the hills. the very purpose for which the act was passed, includes the preservation of customary and prescriptive rights in private forests, besides the prevention of indiscriminate destruction of private forests. it is .....
Tag this Judgment!Court : Orissa
Decided on : Aug-22-1967
Reported in : AIR1968Ori165; 33(1967)CLT1001; 1968CriLJ1188
..... information that a purse containing rs. 26/- had been stolen from her residential quarters in the previous nightthe sub-inspector of police deputed opp. party-2 for inquiry after some conversation with the headmistress, the house of the complainant was searched. thereafter at the instigation of the headmistress the a s i. assaulted him with ..... revision has been filed.2. the orders passed by the learned courts below are fairly well discussed on facts. the learned sessions judge referred to ex a a complaint in writing filed by the petitioner before the president. fourth grade government servants association wherein there was no reference to the complainant ..... the accused persons to the court of session and discharged the accused under section 209, cr. p. c. the petitioner filed a revision before the learned sessions judge who dismissed the same observing that the complainant had failed to make out a prima facie case under section 330. i. p. c. against this order the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-1967
Reported in : [1967]66ITR212(KAR); [1967]66ITR212(Karn)
..... might refer to two cases dealing with the constitutionality of section 37(2) of the 1922 act, viz., surajmull nagarmull v. commissioner of income-tax and senairam doongarmal agency (p.) ltd. v. k. e. johnson. in the former, all the three learned judges constituting the special bench, which decided the case, unanimously held that section 37(2) was ..... of eliciting evidence as aforesaid is a classification which is not sanctioned by article 14 of the constitution. for this purpose, as already stated, the starting point of inquiry is what is the object of legislation. the answer, as already given, is prevention of evasion. that attempts to prevent evasion are or may be in the ..... the usefulness or relevancy referred to could only be usefulness or relevancy of the type appropriate to the stage of investigations but not to an actual trial or inquiry. it would only suggest or require an application of the mind to make out a prima facie case of usefulness or relevancy and not a final or absolutely .....
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