Array ( [0] => ..... 20 march 1963.6. sri jatinder vir gupta, learned counsel for respondent 1, on the other hand, contends that the decision of the learned single judge is correct and that extraneous reasons have been taken into consideration by the government in refusing to refer the dispute, that admittedly, existed between the management ..... part. this being the position the case has been filed....the association was not satisfied with this communication and made a written representation on 22 october 1968, to the labour commissioner, punjab, and wanted the entire matter to be reconsidered. this representation was rejected by the government on 3 august 1964 ( ..... the management and the clerks' association. the conciliation officer submitted his report to the punjab government, as required by section 12(4) of the industrial disputes act. he reported that the conciliation proceedings have resulted in a failure. the government, in its turn, issued the following communication to the general secretary, amritsar ..... [1] => nain, j.1. this is a revision application under section 25 of the provincial small cause court act against the judgment of the additional judge, small causes court, poona, dismissing the petitioners' suit for recovery of a sum of rs, 1,340.50, being damages for loss of a consignment of coal consigned ..... and the wagon was sent to matunga and thereafter to parel and was then used up by the railway authorities. the petitioners thereafter filed in the court of the additional judge, small causes court at poona, civil suit no. 2393 of 1983 for recovery of rs. 1,340.50 as damages, alleging that the respondents had unlawfully refused to ..... : air1963pat46 .6. mr. lalit for the petitioners has, however, relied strongly on rule 118 of general rules (goods) of goods tariff part i, framed under the indian railways act and in force from january 1962. that rule reads as under:118. re-weighment of consignments at destination.-railways do not undertake to weigh consignments at destination stations as a ..... [2] => ..... which has escaped assessment in the original assessment, it was within the competence of the assessing authority to proceed with such additional assessment notwithstanding the repeal of the old act provided, of course, it was not barred by time.9. the question now is whether the statute of limitation stands in the way of the assessing authority. it ..... for filing appeal or revision or for making additional assessment has expired. we are in respectful agreement with both these propositions as enunciated by the learned judges. it is clear, therefore, that when the additional assessment has been made within four years as contemplated by section 14(4-a) of the andhra pradesh ..... turnover of the year. the charging section 3 in no uncertain terms declared to that effect. the obligation is absolute and is dependent on no other factor. the act at the same time provides a machinery for quantifying and collecting the same. as the tax is leviable on the total turnover, the extent thereof is determined by ..... [3] => ..... buyers, paid sellers the price of the goods and received from the buyers their price. selling of goods was not simultaneous with receiving them. on these facts the judge (revisions) had held that they were dealers, and the only question was whether there was material to support that finding. the high court held that the facts ..... dealer' and 'other agents' is clearly brought out :...a broker is distinguished from an agent, in .that a broker holds himself out for employment by others, and acts as an intermediate negotiator between the parties to a transaction, and in a sense is the agent of both parties, whereas the element of exclusiveness of representation of the ..... and the price was settled with the approval of the sellers, an inference will be drawn that the sellers themselves entered into those sale transactions and the applicant acted merely as a broker without having any authority to sell those goods. in allowing the revision, he directed a fresh assessment to be made in accordance with ..... [4] => ..... 'fertilizers' of any particular kind. on the face of it, the term includes fertilizers of every kind whether chemical or non-chemical. the view adopted by the learned judge (revisions) amounted to restricting the scope of the general and simple term 'fertilizers' to non-chemical or natural fertilizers. it amounts to introducing the qualifying word 'non- ..... would be covered by the entry 'chemicals of all kinds'.12. in s.t.r. no. 469 of 1964 industrial gases ltd. v. commissioner of sales tax [1968] 21 s.t.c. 124, decided on 6th december, 1966, the question to be answered was whether oxygen prepared by means of an industrial process fell within the ..... state government realised the resulting position under the law as it stood till then.7. the view adopted by the learned judge (revisions) that the term 'fertilizers'used in the first notification under section 4 of the act does not cover 'chemical fertilizers' appears to us to be too narrow and unwarranted. the notification itself does not ..... [5] => ..... with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote, * * * * *'this rule existed in this very form prior to 1968, but before the amendment of clause (b) of sub-rule (2) of rule 56, that rule was as follows: 'the returning officer shall reject a ballot paper-- (b) if no ..... [6] => ..... of the mens rea that would be implied in a statute creating on offence depends on the object of the act and the provisions thereof.the learned judges would observe that even if the legislation in question is one to eradicate the social evil, the foundation of ..... deceive or succeeded in deceiving anybodyand it was in support of this contention that air 1936 cal 680 was relied on. the learned judge after referring air 1986 cal 680, observed:in this state of the facts, the question we have to ask ourselves is, ..... (in?) a statutory offence like this, 'mens rea' is not a necessary ingredient to fasten guilt upon the accused. the learned judge held in that case that the expression 'wilfully' does embody the idea of a criminal mentality and that it meant only the spontaneous ..... 3.1963. the transaction was thus completed; but in the balance-sheet ext. p 2, publish-ed by them on 2.9.1968, the machinery in question was shown as an item of asset belonging to the company and its value was shown as rs. ..... [7] => ..... be final. the supreme court in the above report in paragraph 20 has clearly laid it down:this provision vests the jurisdiction to determine the question about the judge's age exclusively in the president, and so it follows that in the presence of this provision, no court can claim jurisdiction to deal with the said question ..... mehta was a member of the madras legislative council having been elected in april, 1962 from the madras district local authorities constituency. his term would continue till april, 1968. in the meanwhile on a petition filed by a creditor he was adjudicated as insolvent on 26th april, 1966. he filed an appeal on 29th april, 1966 against ..... member shall be final. the second question deals with the scope of article 192(2) of the constitution which states that in giving his decision, the governor shall act according to the opinion of the election commission. our attention has been drawn to the decision of the supreme court in jyoti prokash v. chief justice calcutta : [ ..... [8] => ..... be essential to the unfolding of the prosecution story. no doubt, interestedness is not a circumstance for disbelieving a witness but, it has to be taken into consideration in judging the truth and reliability of the witnesses. the prosecution would have examined some independent witnesses of the occurrence, who were present in the performance.(b) secondly, ras lila performance ..... on his head.12-13. after discussion of further evidence his lordship proceeded: so, in view of the general background and the circumstance of the case, the additional sessions judge is correct in holding that there was a (free) fight between the two parties and that p. ws. 1 to 7 (muhori singh, bheigya singh shyamkishore singh, ibobi ..... wrong is finding a/6 (nimai singh) guilty, while holding that there was a (free) fight between the two groups. no doubt, the court can act upon the testimony of the p. ws. in so far as some of the accused are concerned and discard their evidence with regard to other accused, as the ..... [9] => ..... workable...'mr. gulati urged that, if the interpretation placed on section 22(4) by the learned single judge is accepted, the provisions would be unworkable. we may point out that section 22(4) is not the only provision in the act enabling the income-tax officer to examine the relevant documents. sub-section (3) of section 23 provides ..... under section 22(1) for purposes of action under section 22(4) of the act.the learned single judge was, therefore, right that, in the circumstances of the present case, no notice could be served upon the respondent under section 22(4) of the act. since the notice itself was invalid, no assessment could be done on the footing ..... that the respondent failed to comply with the notice issued under section 22(4). the learned single judge was justified in quashing the assessment order dated november 30, 1961.the appeal ..... ) Judges Inquiry Act 1968 Section 5 Powers of Committee - Year 1967 - Page 55 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1967 Page 55 of about 665 results (0.264 seconds)

Feb 01 1967 (HC)

Amritsar Rayon and Silk Mills (Private) Ltd. Vs. Amritsar Textile Cler ...

Court : Punjab and Haryana

Decided on : Feb-01-1967

Reported in : (1969)ILLJ163P& H

..... 20 march 1963.6. sri jatinder vir gupta, learned counsel for respondent 1, on the other hand, contends that the decision of the learned single judge is correct and that extraneous reasons have been taken into consideration by the government in refusing to refer the dispute, that admittedly, existed between the management ..... part. this being the position the case has been filed....the association was not satisfied with this communication and made a written representation on 22 october 1968, to the labour commissioner, punjab, and wanted the entire matter to be reconsidered. this representation was rejected by the government on 3 august 1964 ( ..... the management and the clerks' association. the conciliation officer submitted his report to the punjab government, as required by section 12(4) of the industrial disputes act. he reported that the conciliation proceedings have resulted in a failure. the government, in its turn, issued the following communication to the general secretary, amritsar .....

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Nov 15 1967 (HC)

The Bengal Coal Supplying Firm Vs. the Union of India (Uoi)

Court : Mumbai

Decided on : Nov-15-1967

Reported in : (1968)70BOMLR254; 1968MhLJ539

nain, j.1. this is a revision application under section 25 of the provincial small cause court act against the judgment of the additional judge, small causes court, poona, dismissing the petitioners' suit for recovery of a sum of rs, 1,340.50, being damages for loss of a consignment of coal consigned ..... and the wagon was sent to matunga and thereafter to parel and was then used up by the railway authorities. the petitioners thereafter filed in the court of the additional judge, small causes court at poona, civil suit no. 2393 of 1983 for recovery of rs. 1,340.50 as damages, alleging that the respondents had unlawfully refused to ..... : air1963pat46 .6. mr. lalit for the petitioners has, however, relied strongly on rule 118 of general rules (goods) of goods tariff part i, framed under the indian railways act and in force from january 1962. that rule reads as under:118. re-weighment of consignments at destination.-railways do not undertake to weigh consignments at destination stations as a .....

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Mar 23 1967 (HC)

T.K. Khadar MohiuddIn Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Mar-23-1967

Reported in : [1968]21STC45(AP)

..... which has escaped assessment in the original assessment, it was within the competence of the assessing authority to proceed with such additional assessment notwithstanding the repeal of the old act provided, of course, it was not barred by time.9. the question now is whether the statute of limitation stands in the way of the assessing authority. it ..... for filing appeal or revision or for making additional assessment has expired. we are in respectful agreement with both these propositions as enunciated by the learned judges. it is clear, therefore, that when the additional assessment has been made within four years as contemplated by section 14(4-a) of the andhra pradesh ..... turnover of the year. the charging section 3 in no uncertain terms declared to that effect. the obligation is absolute and is dependent on no other factor. the act at the same time provides a machinery for quantifying and collecting the same. as the tax is leviable on the total turnover, the extent thereof is determined by .....

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Jan 19 1967 (HC)

Commissioner, Sales Tax Vs. Vijay Kumar Krishna Kumar

Court : Allahabad

Decided on : Jan-19-1967

Reported in : [1968]21STC37(All)

..... buyers, paid sellers the price of the goods and received from the buyers their price. selling of goods was not simultaneous with receiving them. on these facts the judge (revisions) had held that they were dealers, and the only question was whether there was material to support that finding. the high court held that the facts ..... dealer' and 'other agents' is clearly brought out :...a broker is distinguished from an agent, in .that a broker holds himself out for employment by others, and acts as an intermediate negotiator between the parties to a transaction, and in a sense is the agent of both parties, whereas the element of exclusiveness of representation of the ..... and the price was settled with the approval of the sellers, an inference will be drawn that the sellers themselves entered into those sale transactions and the applicant acted merely as a broker without having any authority to sell those goods. in allowing the revision, he directed a fresh assessment to be made in accordance with .....

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Mar 20 1967 (HC)

Girja Shanker Dubey Vs. Commissioner of Sales Tax

Court : Allahabad

Decided on : Mar-20-1967

Reported in : [1968]21STC127(All)

..... 'fertilizers' of any particular kind. on the face of it, the term includes fertilizers of every kind whether chemical or non-chemical. the view adopted by the learned judge (revisions) amounted to restricting the scope of the general and simple term 'fertilizers' to non-chemical or natural fertilizers. it amounts to introducing the qualifying word 'non- ..... would be covered by the entry 'chemicals of all kinds'.12. in s.t.r. no. 469 of 1964 industrial gases ltd. v. commissioner of sales tax [1968] 21 s.t.c. 124, decided on 6th december, 1966, the question to be answered was whether oxygen prepared by means of an industrial process fell within the ..... state government realised the resulting position under the law as it stood till then.7. the view adopted by the learned judge (revisions) that the term 'fertilizers'used in the first notification under section 4 of the act does not cover 'chemical fertilizers' appears to us to be too narrow and unwarranted. the notification itself does not .....

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Aug 09 1967 (HC)

Kartar Singh Baja Singh Vs. Randhir Mai Ram and ors.

Court : Punjab and Haryana

Decided on : Aug-09-1967

Reported in : AIR1968P& H78

..... with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote, * * * * *'this rule existed in this very form prior to 1968, but before the amendment of clause (b) of sub-rule (2) of rule 56, that rule was as follows: 'the returning officer shall reject a ballot paper-- (b) if no .....

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Jul 13 1967 (HC)

P.P. Looke Vs. N.J. Mathew and ors.

Court : Kerala

Decided on : Jul-13-1967

Reported in : 1968CriLJ561

..... of the mens rea that would be implied in a statute creating on offence depends on the object of the act and the provisions thereof.the learned judges would observe that even if the legislation in question is one to eradicate the social evil, the foundation of ..... deceive or succeeded in deceiving anybodyand it was in support of this contention that air 1936 cal 680 was relied on. the learned judge after referring air 1986 cal 680, observed:in this state of the facts, the question we have to ask ourselves is, ..... (in?) a statutory offence like this, 'mens rea' is not a necessary ingredient to fasten guilt upon the accused. the learned judge held in that case that the expression 'wilfully' does embody the idea of a criminal mentality and that it meant only the spontaneous ..... 3.1963. the transaction was thus completed; but in the balance-sheet ext. p 2, publish-ed by them on 2.9.1968, the machinery in question was shown as an item of asset belonging to the company and its value was shown as rs. .....

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Apr 21 1967 (HC)

R. Sivasankara Mehta Vs. the Election Commission of India, Represented ...

Court : Chennai

Decided on : Apr-21-1967

Reported in : (1967)2MLJ607

..... be final. the supreme court in the above report in paragraph 20 has clearly laid it down:this provision vests the jurisdiction to determine the question about the judge's age exclusively in the president, and so it follows that in the presence of this provision, no court can claim jurisdiction to deal with the said question ..... mehta was a member of the madras legislative council having been elected in april, 1962 from the madras district local authorities constituency. his term would continue till april, 1968. in the meanwhile on a petition filed by a creditor he was adjudicated as insolvent on 26th april, 1966. he filed an appeal on 29th april, 1966 against ..... member shall be final. the second question deals with the scope of article 192(2) of the constitution which states that in giving his decision, the governor shall act according to the opinion of the election commission. our attention has been drawn to the decision of the supreme court in jyoti prokash v. chief justice calcutta : [ .....

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Nov 28 1967 (HC)

Wahengbam Nimai Singh Vs. Manipur Administration

Court : Guwahati

Decided on : Nov-28-1967

..... be essential to the unfolding of the prosecution story. no doubt, interestedness is not a circumstance for disbelieving a witness but, it has to be taken into consideration in judging the truth and reliability of the witnesses. the prosecution would have examined some independent witnesses of the occurrence, who were present in the performance.(b) secondly, ras lila performance ..... on his head.12-13. after discussion of further evidence his lordship proceeded: so, in view of the general background and the circumstance of the case, the additional sessions judge is correct in holding that there was a (free) fight between the two parties and that p. ws. 1 to 7 (muhori singh, bheigya singh shyamkishore singh, ibobi ..... wrong is finding a/6 (nimai singh) guilty, while holding that there was a (free) fight between the two groups. no doubt, the court can act upon the testimony of the p. ws. in so far as some of the accused are concerned and discard their evidence with regard to other accused, as the .....

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May 18 1967 (HC)

income-tax Officer Vs. Adarsh Construction Company (Dissolved Firm).

Court : Allahabad

Decided on : May-18-1967

Reported in : [1968]70ITR796(All)

..... workable...'mr. gulati urged that, if the interpretation placed on section 22(4) by the learned single judge is accepted, the provisions would be unworkable. we may point out that section 22(4) is not the only provision in the act enabling the income-tax officer to examine the relevant documents. sub-section (3) of section 23 provides ..... under section 22(1) for purposes of action under section 22(4) of the act.the learned single judge was, therefore, right that, in the circumstances of the present case, no notice could be served upon the respondent under section 22(4) of the act. since the notice itself was invalid, no assessment could be done on the footing ..... that the respondent failed to comply with the notice issued under section 22(4). the learned single judge was justified in quashing the assessment order dated november 30, 1961.the appeal .....

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