Court : Mumbai
Decided on : Feb-02-1967
Reported in : AIR1968Bom198; (1967)69BOMLR579a; ILR1967Bom1011a; 1967MhLJ880
..... inferior in rank to an assistant or deputy collector or a superintendent of survey, in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate revenue officer, for the purpose of satisfying itself or himself, as the case may be, as to the legality or ..... is that such partition 'does not . . . . . . . . .involve the rendering of any decision or the making of any order by the collector.' the learned judge, who delivered the judgment of the division bench, observed:'the appeals which are envisaged by section 203 of the bombay land revenue code being appeals which may be preferred from ..... section 3(1) of the bombay land revenue code. according to that definition, 'revenue officer' means'every officer of any rank whatsoever appointed under any of the provisions of this act, and employed in or abut the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith. . . . . . . . . . . . .'according .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-03-1967
Reported in : 1968CriLJ194
..... purpose. the exercise of the right of private defence must never be vindictive or malicious.16. their lordships of the supreme court further observed as follows:in judging the conduct of a person who proves that he had a right of private defence, allowance has necessarily to be made for his feelings at the relevant time ..... of the prosecution that they were not armed, and went there to question irappayya cannot be believed. as a matter of fact, the finding of the learned sessions-judge, which is based on proper appreciation of evidence and circumstances, is that the accused went there carrying weapons and as soon as they went there, a fight broke ..... alternative but to defend themselves and also defend their property. the learned sessions judge has held that irappayya and his group were clearly the aggressors and that the accused acted obviously in exercise of the right of private defence of the property. the learned sessions judge, was, however, of the view that there was no right of private .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-14-1967
Reported in : AIR1969AP169
..... their leases had not been validity forfeited and for an injunction restraining the secretary, his servants and agents, from granting leases to the kalyanpur company. the subordinate judge dismissed the suit. on appeal the high court allowed the appeal and held that the two leases had not been validity forfeited and ordered that there should be ..... objection petition was also closed as not pressed. the second defendant who had obtained a decree in o. s. 101/53 on the file of the then subordinate judge, secunderabad, attached the decree obtained by the 2nd defendant against the third defendant and in his capacity of attaching creditor filed an execution petition and attached house nos. ..... that the ambala court acted without jurisdiction in refusing to give effect to the injunction issued by the delhi court.20. the oudh and lahore cases cited above have been considered by the lahore high court in a later case in lal chand v. sohan lal, air 1938 lah 220. the learned judge observed on page 221:'a .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-14-1967
Reported in : AIR1968All18
..... case they had miserably failed on these findings, he refused to grant any relief being aggrieved with that order, the plaintiffs went up in appeal. the learned civil judge disagreed with the view of the trial court, and found that there existed an old village pathway and the plaintiffs were fully entitled to get the relief, without proving ..... damage the position would not be in any manner affected by the mere fact that the other residents of the village had equally suffered by reason of the defendants' act. for the simple reason that the obstruction was on a village path, in which though the residents of that particular locality were commonly interest ed. each had ..... satisfied that the plaintiffs specifically put forward their case in the plaint and no new case was built up by the court below the findings recorded by the civil judge are perfectly sound and need no interference 12. no other point was pressed 13. the appeal is devoid of merit, andmust fail. accordingly, the appeal is dismissed .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-1967
Reported in : AIR1968All65; 1968CriLJ225
..... rule 3, c. p. c.2. the court further observed that kali charan appeared to have committed perjury and it was in the interests of justice that an inquiry should be made into the offence which appeared to have been committed by him under section 193 ipc. but the court considered it fair that a notice should issue ..... complaint should not be filed against him for perjury. the facts are these. he filed a second appeal in this court from the decree of the civil and sessions judge, agra, reversing that of the munsif, agra, and dismissing his suit for the ejectment of the respondents. during the hearing of the appeal the respondents filed an application ..... learned counsel stated that on such occasions the advice of counsel is sometimes decisive, and had kali charan been given the advice which he should have be might have acted differently4. i have given this matter my anxious consideration on the one hand, this court thinks that periury of a very reprehensible nature appears to have been committed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-10-1967
Reported in : 1969CriLJ542
..... taken with a view to facilitate the completion of the investigation and not because he had taken cognizance of the offence with a view to conduct a preliminary inquiry against the accused named in the preliminary charge-sheet. during this period, the magistrate cannot be said to have taken cognizance of the offence. he takes cognizance ..... prosecution. exhibit c-l is the report submitted by the superintendent, sarojini devi eye hospital. it is dated 31.10.1964. it appears that the learned principal sessions judge, through his letter dated 30.10.1964, requested the superintendent, sarojini devi hospital, to examine a-5 and submit a report in regard to his blindness. dr. ..... of a criminal design or enterprise. under that section, one of several persons who engages himself in a criminal enterprise or design may be liable for an act done by another which he never himself intended and perhaps never contemplated. it cannot be in doubt that the mere presence of the accused without anything more can .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-11-1967
Reported in : [1969]23STC324(All)
..... rate of 18 per cent., cannot lead to the conclusion that the latter provision is discriminatory. the two statutes deal with two different things. while judging the validity of section 8 of the act, recourse cannot be had to the provisions of the code of civil procedure. the code of civil procedure deals with interest to be added to the ..... prescribed in that behalf or, if the return submitted by him appears to the assessing authority to be incorrect or incomplete, the assessing authority shall, after making such inquiry as he considers necessary, determine the turnover of the dealer to the best of his judgment and assess the tax on the basis thereof:provided that before taking action ..... .c. 398 and bharat barrel and drum mfg. co. v. l.k. bose and ors. a.i.r. 1967 s.c. 361). in the last case the learned judges of the supreme court relied upon the following observations of lord parmoor in local government board v. arlidge [1915] a.c. 120:-where, however, the question of procedure is raised .....
Tag this Judgment!Court : Chennai
Decided on : Aug-03-1967
Reported in : (1968)1MLJ146
..... acceptance of amarchand's nomination paper. the election petition was dismissed. seewalal filed on appeal which came up before the madhya pradesh high court, the learned judges, following the supreme court decision in vashist narain sharma v. dev chandra : [1955]1scr509 , observed that the burden lay on seewalal to establish that ..... for the election petitioner to prove that the improper reception of the nomination of karuppan chetti and his want of qualification under section 22 of the act materially affected the election of the other two returned candidates veera govinder and kandaswami. the rule contemplates that the petitioner should have the election of ..... 702. ramaswami gounder filed an election petition before the principal-district munsif, salem, who was the election court constituted by the rules framed under the madras panchayat act (xxxv of 1958) by notification no. 10. the election was challenged on the ground that karuppan chetti's name had been, deleted in 1963 itself from .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-1967
Reported in : (1968)2MLJ157
..... baburayampettai village in maduranthakam taluk, chingleput district, have filed these petitions to quash the order dated 31st august, 1964, of the estates abolition tribunal (district judge) chingleput, declaring that the lands, for which the respondent-devasthanam has claimed patta, are the private lands of the devasthanam.2. ever since the village of ..... . the cultivation muchilikas executed by the ryots describe the devasthanam as ekabhoga mirasdar of sri vijayavaradarajaswani. after the coming into force of the estates land act, the ryots began to assert that they have occupancy fights in the lands. the devasthanam was shrewd enough to take muchilikas with a term that ..... baburayampettai was declared an inam estate under madras act xxvi of 1948, there has been regular litigation between the ryots of the village and the devasthanam. the devasthanam has been contending that it possessed the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-07-1967
Reported in : (1968)2MLJ8
..... referred to. the main contention of the defendant was that the suit was barred by limitation. the trial court decreed the suit, but on appeal the learned district judge of coimbatore, held that the claim for arrears for the period 1952-54 and 1954-55 was barred by limitation. it is against this judgment that the present appeal ..... , coimbatore and renumbered as o.s. no. 714 of 1956. the suit was decreed on 31st august, 1956. the defendant took the matter on appeal to the district judge, coimbatore, who held that the suit was premature and dismissed it. it must be mentioned that by the time the suit was decreed, the plaintiff had taken possession of ..... question of limitation. before the courts below the plaintiff seems to have relied upon section 14 of the limitation act for the purpose of saving limitation. the learned subordinate judge who tried the suit held that section 14 of the limitation act would not apply to the facts of the case but, relying on the decisions in mst. raneesorna moyee v .....
Tag this Judgment!