Court : Punjab and Haryana
Decided on : Apr-06-1967
Reported in : 1968CriLJ1259
..... code, or something more than that? if it is something more, the jurisdiction of the high court is not ousted by section 3(2) of the contempt of courts act.so judged, there could be no doubt that the aspersions cast in the present case amounted to scandalizing the court itself, and were no mere-personal insult, and the high court ..... constitutes contempt of court. as observed by lord russell of killowen c. j. in the queen v. gray (1900) 2 qbd 36, 'any act done or writing published calculated to bring a court or a judge of the court into contempt or to lower his authority, is a contempt of court' lord hardwicke l.c. hag described this kind of contempt ..... conceivably be desorbed as a mere criticism of this sort. it was a flagrant and open attack on the judge himself, besides being extremely insulting. the power of the high court under the contempt of courts act 1952 (act 32 of 1952), hereinafter called the act is as follows:3 (1) subject to the provision of sub-section (2) every high court shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-24-1967
Reported in : AIR1968SC240; [1968(16)FLR432]; 1968LabIC216; (1968)IILLJ125SC; 1968MhLJ48(SC); [1968]1SCR355
..... dated december 5, 1960 the government held that the charges against the appellant were not proved beyond reasonable doubt. it also held that the suspension and the departmental inquiry 'were not wholly unjustified'. the order then directed that the appellant should be reinstated in service with effect from the date of the order and retired from that date ..... that was set aside in appeal on the ground that no proper sanction for prosecution was obtained. he was again prosecuted on the same charge but the special judge trying him quashed the charge sheet on the ground that the investigation had not been carried out by the proper authorities. in revision the high court of nagpur ..... in pecuniary loss to the government servant must be held to be an objective rather than a subjective function. the very nature of the function implies the duty to act judicial. in such a case if an opportunity to show cause against the action, proposed is not afforded, as admittedly it was not done in the present case .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-1967
Reported in : AIR1968P& H217; 1968CriLJ775
..... and that is the position taken by respondent 1 that his main and dominant object in the production of the anonymous letter in the court of the trial judge was to have an inquiry and not to interfere with the due course of justice. in paragraph 10 of his application of december 10. 1965, he refers to his having had ..... for nearly three to four weeks, thus, according to the respondents giving security to the petitioner (defendant) bv what has been described by them as a collusive act of the subordinate judge which enabled him (the petitioner) to file his first contempt petition in the high court on his own choosing of time and forum. the contempt of court imputed ..... , or for that matter not a high court for the union territory of chandigarh. in this respect reference has been made to section 89 of the punjab reorganisation act, 1966 (act 31 of 1966) which gives power to the state of punjab or haryana or to the union territory of chandigarh to make such adaptation and modifications of the law .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-14-1967
Reported in : AIR1969Guj124; (1968)GLR409
..... .union of india : (1961)illj339sc .* * * * *we have preferred to quote extensively from the above decision as in our view, the submission of the learned acting advocate general that the principles decided in that case should govern the present case is correct and it will be proper to see whether, having regard to these principles, it ..... the court in all suits cognizable by it except where such procedure is inconsistent with the procedure prescribed by any specific provisions of the presidency small came courts act, 1882, or with these rules.' the schedule provided by the said rules includes the application of the summary procedure of order xxxvii, civil procedure code, but has deleted ..... reason to do so and, with respect, adopt the reasoning and conclusion reached by the learned judge to be correct.27. an effort was made on behalf of the applicant to rely on the decisions in respect of the inquiry under article 311(2) of the constitution wherein it had been held that even in an administrative .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-1967
Reported in : AIR1968SC615; [1968]2SCR117
..... which requires the acquiring company to enter into an agreement with the government also required satisfaction of the government after considering the report on the inquiry held under section 40. the amendment act 38 of 1923 now added in s. 41 the report of the collector under s. 5a, if any. these amendments show that even ..... acquisition proceedings taken thereafter were bad in law. it appears that though the amendment was disallowed, the said contention was allowed to be urged, for, the district judge has answered it in the following terms :- 'whatever language may be used in the declaration under section 6 the point that requires for consideration is whether the ..... was made to raise the contention at the time of the hearing of the appeal that the declaration under section 6 did not prove such satisfaction. the district judge, however, dismissed the application for amendment of the plaint by the 1st respondent society. the contention was sought to be raised because the notification used the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-06-1967
Reported in : AIR1968AP311
..... the eviction of a cultivating tenant, shall, on application by the landlord or the cultivating tenant, as the case may be, be decided by the tahsildar after making an inquiry in the manner prescribed. (2) against any order passed by the tahsildar under sub-section (1) an appeal shall lie to the revenue divisional officer, within thirty days ..... widespread calamities such as cyclone, draught or flood etc., which again has to be granted by the tahsildar only on proper application by the tenant and after due inquiry in the prescribed manner. section 9 fixes interest on arrears of rent and section 10 fixes the minimum period of lease and the form in which it should be ..... kumarayya, j.1. the short point that falls for determination in this revision petition, filed under section 25 of the small cause courts act against the orders of the subordinate judge. kavali is whether the court below had power and on a plea being raised was bound to decide as to the rent being excessive or above the statutory .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-08-1967
Reported in : 1969CriLJ810; (1969)GLR611
..... note that the respondent baa been sentenced to four years' rigorous imprisonment for the offence punish, able under section 304, part ii of the penal code. the learned sessions judge baa taken into account the important circumstance that this respondent was in jail as an under, trial prisoner from 6.8.1966 till the date of his judgment. the judgment ..... is likely to cause death. the offence proved beyond reasonable doubt against the respondent is an offence punishable under section 304 part ii of the penal code. the learned sessions judge has taken that view. we are hearing an acquittal appeal. we do not find any good grounds or good reasons which would justify us to differ from that view. ..... cc (55) have been referred to. they can be referred to, with advantage at this stage as they are very illuminating:the inquiry as to intent is far less simple than that as to whether an act has been committed because see cannot look into a man's mind to see what was passing there at any given time. what he .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-21-1967
Reported in : AIR1968Bom443; (1968)70BOMLR219; 1968MhLJ510
..... raja shankar who had signed the acknowledgment, was either a partner or a manager of the business in charge of it at the time of service, he must make inquiries and make a further affidavit before i hold the service to be sufficient. no such affidavit has, however, been made. in fact, neither of the parties is able ..... notice filing of award, he could have dismissed the petition as premature in which case the petitioners could have waived or accepted service and repeated their petition. the learned judge, however, decided the petition not on the actual position as to whether there was or was not a good service, but on the assumption of correctness of the ..... me mr. jhunjhunwala for the respondents that the provisions of order 30, rules 3 and 5, are not applicable to notices under section 14(2) of the arbitration act. there is, however, no substance in this argument in view of the fact that section 141 of the code of civil procedure makes the provisions of civil procedure code applicable to .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-1967
Reported in : (1967)8GLR814
..... , to be payable monthly. i do not propose to enter into this inquiry as it is not necessary to decide it because on the broader ground that i shall be stating presently, in my view, the present case cannot fall within the purview ..... succeeded in proving that there was no dispute regarding standard rent or permitted increase. this part of the contention of mr. zaveri may even require, to my mind, a further inquiry as to whether for the purposes of sub-section 3(a) of section 12 it would be permissible to him to consider the amount of the tax, though permitted increase ..... summary remedy for recovering small sums and it was an essential part of the scheme that the judge's decision was final. section 27 of the act provided that 'save as provided by this act, a decree or order made under the foregoing provisions of this act by a court of small causes shall be final'. there is no appeal either on facts or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-14-1967
Reported in : AIR1968SC867; 1968CriLJ1023; [1968]2SCR246
..... in the ordinary course of nature. this part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender.' 12. the learned judge further explained the third ingredient at p. 1503 in the following words : 'the question is not whether the prisoner intended to inflict a seriou sinjury or a trivial one but ..... was limited to the question whether the case comes under s. 302 of the indian penal code. the case of the prosecution which has been accepted by the learned sessions judge and the high court was, in brief, as follows : on january 31, 1962, at about 2.30 p.m., a fight took place between dalip kumar, p.w. 12, ..... it was the intention of the appellant to inflict this particular injury on this particular place. it is, therefore, not possible to apply clause 3 of s. 300 to the act of the accused. 15. nevertheless, the deceased was in a crouching position when the appellant struck him with the knife. though the knife was 5' to 6' in length including .....
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