Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1967 Page 7 of about 665 results (0.216 seconds)

Bibi Batool and ors. Vs. the Principal Judge, City Civil Court, Bombay ...

Court : Mumbai

Reported in : AIR1972Bom254; (1972)74BOMLR22

..... is not applicable to quasi - judicial enquiries. the particular remark referred to by mr. sorabji has been made in a case which related to an inquiry under the industrial disputes act. principles relating to industrial disputes have been set out in that judgment. it has there been pointed out that although there may have been an ..... evaluation of the entire procedure followed before the officer who makes the order at the initial stage. when the appellate officer is a judicial officer, he would judge even the original proceedings with a trained eve. with his qualifications, training and experience as a lawyer and a judicial officer he would notice every defect or ..... a special procedure is more drastic than the ordinary procedure or not. the supreme court took into account such factors as to whether the investigator and the judge who was to make the order were rolled into one without there being any provision for reviewing the conclusions of the investigator, whether the right of inspection .....

State of Rajasthan Vs. Hon. Mr. Justice B.P. Beri and ors.

Court : Rajasthan

Reported in : AIR1968Raj77

..... of the constitution. 3. it appears that the documents in question were requisitioned by the commission under section 4(d) of the commission of inquiry act, 1952 (act no. lx of 1952), (hereinafter called the act), and in complying with it any claim for privilege does not appear to have been raised by the petitioner, it was contended by the petitioner ..... stages any documents that are sought to be used against the petitioners or are considered material will be shown to those interested to prepare their defences.' the learned judges also added that the procedure indicated by the commission in the matter of inspection of documents appeared to be quite just and it was not for the high ..... had ordered that inspection of certain documents could be allowed at a later stage and the party who was refused inspection approached the high court, and the learned judges observed that: 'it is for the commission to decide what to do in this matter and it has been indicated in its orders to what extent and how .....

Nathulal Fatehpuria Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1968Raj151

..... accounts, registers and other documents are to be retained by the officer concerned only for so much time as may be necessary for their examination or for any inquiry or proceedings under this act, or for a prosecution. sub-section (4) provides that for the purpose of sub-section (2) or sub-section (3), any such authority or ..... .16. lastly, we may refer to the mysore case, (1967) 1 mys. lj 284 = (air 1968 mys 100). the validity of section 28 of the mysore sales tax act was challenged before the high court. the learned judges observed that the provisions relating to the confiscation were unconstitutional because there was total lack of control over the action ..... proviso lays down that before proceeding to confiscate the goods the authority or person shall give the dealer affected an opportunity of being heard and it shallmake an inquiry in the prescribed manner. the second proviso then provides that the authority shall give the dealer an option to pay in lieu of confiscation, such amount, not .....

Baltimore and Ohio R. Co. Vs. United States

Court : US Supreme Court

..... routes and channels of trade wherever practicable. in other words, although the icc was directed to draw up a national plan against which it was to judge whether applications for consolidation were in the public interest, the judgment was to be made rather mechanically, and the plan itself was to be designed to ..... the revenue indemnification condition until further order. erie-lackawanna and other railroads filed suit seeking an interlocutory injunction restraining the consummation of the merger. a three-judge court declined to grant the injunction. held: in the light of its findings as to the necessity for interim protection for the three "protected railroads," the ..... of discerning judgment to a wide range of factors, and preclude the position that the purpose of the 1940 act is simply to promote railroad consolidation. [ footnote 2/5 ] the icc has recognized that inquiry into a proposed transaction does not end with the possibilities for increased economics, but extends to "the effect of .....

State Vs. Bhanuprasad Shyamlal Joshi

Court : Mumbai

Reported in : AIR1967Bom378; (1967)69BOMLR530; 1967CriLJ1376; 1967MhLJ394

..... but for the purpose only of explaining any matter referred to in his cross-examination.'section 540 reads thus:-'any court may, at any stage of any inquiry trial or other proceeding under this code, summon any person as a witness or examine any person in attendance, though not summoned as a witness, or ..... request of the police prosecutor, the learned magistrate granted the application for recalling the witness sitalprasad havildar. the accused therefore filed a revision application before the sessions judge, nagpur, challenging the said order.(4) it was contended on behalf of the accused that the aforesaid witness was examined-in-chief by the police prosecutor. ..... prosecution witnesses, issued processes for the attendance of the remaining witnesses given up by the prosecution. it was held that the magistrate was legally entitled to act as he did under section 540 of the code of criminal procedure. in that case the question whether those witnesses should be treated as witnesses for the .....

In the Matter of Shadi Lal Batra

Court : Delhi

Reported in : AIR1968Delhi283

..... itself purports to be an inclusive definition and if the section itself in its latter portion specifically preserves the larger powers and jurisdiction conferred upon the council to hold inquiries by s. 21. sub. s. (1), it would nto be right to hold that such disciplinary jurisdiction can be invoked only in respect of conduct falling ..... to the person charged with professional misconduct but in order that the evidence may relevantly bear on the particular issue and the evidence should be carefully taken and judged according to the ordinary standard of proof. in dogar mal amir chand v. p, a pleader, air 1930 lah 947, this privy council decision was followed ..... : air1937all506 it was observed that man's professional reputation is as valuable as a trader's financial reputation it being added that proceedings under s. 13, legal practitioners act though nto described as a prosecution., are something very akin to a prosecution. in emperor v. surjya narayan singh. air 1920 pat 84, a full bench of .....

Galabji Khodaji and ors. Vs. Moosamiya Imam Haiderbux and ors.

Court : Gujarat

Reported in : (1968)9GLR1018

..... lays down how proceedings shall be commenced before the mamlatdar or the tribunal and it is provided that save as expressly provided by or under this act, all inquiries and other proceedings before the mamlatdar or tribunal shall be commenced by an application which shall contain the prescribed particulars. we need not enter into the ..... there was total want of jurisdiction in the mamlatdar. this basis, with respect i have to hold, is erroneous. the conclusion based, therefore, by the learned judge on this basis that the decision arrived at by the mamlatdar binds the parties on the principle of res judicata cannot stand and becomes unsustainable. in this view that ..... municipal corporation, is res judicata and binding on the parties to the litigation, is erroneous. this decision of the civil court creates an anomaly as the learned judge of the city civil court has observed that in his judgment, the decision of the mamlatdar was wrong and the mamlatdar had jurisdiction to try the issue referred .....

Gopalakrishnan Vs. Balasubramania Chettiar and ors.

Court : Chennai

Reported in : (1969)1MLJ537

..... if the sale was necessary to discharge the debt, and the purchaser pays a fair price for the property sold, and acts in good faith and after due inquiry as to the necessity for the sale, the mere fact that part of the price is not proved to have been applied ..... has authority to raise money not only for the payment of debt, but also for the purpose of carrying on the business. the learned judges of the high court were of opinion that, as in this case the business had recently resulted in loss, the managing member was not ..... hard cash was needed by the family. and as regards inadequacy for price, as held by the learned district judge, the plaintiff has not been able to show that the consideration for any of the sales was unreasonably low. the learned district ..... judge who has confirmed the decision of the trial court has addressed himself to the questions that came up for consideration .....

Ftc Vs. Procter and Gamble Co.

Court : US Supreme Court

..... disagreement with the second commission's view. it held that "[a]ny relevant evidence must be considered in a section 7 case. . . . the extent to which inquiry may be made into post-merger conditions may well depend on the facts of the case, and, where the evidence is obtained, it should not be ignored." 358 f ..... were essentially conglomerate. but the majority in both cases chose to treat them as horizontal, and thus did not reach the problem of standards for judging conglomerate mergers. see brodley, oligopoly power under the sherman and clayton acts -- from economic theory to legal policy, 19 stan.l.rev. 285, 303-308. [ footnote 2/2 ] thus, the procter memorandum ..... offset by the difficulties encountered in obtaining it. and the post-merger evidence before us in this proceeding is, at best, inconclusive. deciding that 7 inquiry in conglomerate or product extension merger cases should be directed toward reasonably probable changes in market structure does not, however, determine how that .....

Mall Suranna Vs. Kalla Somulu and ors.

Court : Andhra Pradesh

Reported in : AIR1969AP368

..... it is upon these findings that the trial court dismissed the suit.5. dissatisfied with that judgment, the plaintiffs carried the matter in appeal to the subordinate judge's court, narsapur. before the appeal was filed, the defendant in view of the findings given in his favour by the trial court, closed the bode ..... defendant threatens to dispossess the plaintiff or otherwise causes injury or loss to the plaintiff.the court may by order grant a temporary injunction to restrain such act or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale removal or disposition of the property or dispossessing or ..... established that in cases where the facts are already established and the injury is real and the plaintiff acts promptly upon his acquired knowledge of the defendant's acts, a preliminary mandatory injunction may be granted although the act complied of was fully completed before the suit on the appeal was actually filed or preferred. nevertheless .....