Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1967 Page 8 of about 665 results (0.143 seconds)

Fazilka Dabwali Transport Co. (Private) Ltd. Vs. Madan Lal

Court : Punjab and Haryana

Reported in : AIR1968P& H277

..... or has been' either a high court or a district judge 'or is qualified for appointment as a judge of the high court' it is emphasised that section 110-b of the act empowers the claims tribunal, after giving the parties an opportunity of being heard, 'to hold an inquiry into the claim' and to 'make an award determining the ..... of arbitration imparted to the tribunal by the repeated use of the word 'award'. by way of analogy mr. goswami submits that the land acquisition act likewise invests the district judges who give awards of compensation after a full investigation of the matter pressed before them by the claimants and the collector. the adjudication done by the ..... same description mt goswami has pressed before us that the award given by the tribunal is hardly distinguishable from an award of a district judge given on a reference under the land acquisition act and the right of appeal to the high court in both cases conferred by the respective statutes is almost identical. the basic decision .....

Jayantilal Vrajlal Barot Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : AIR1968Guj218; 1968CriLJ1173; (1968)GLR886

..... my attention to the case of apabhai hemabhai v. state of gujarat : air1962guj218 . a division bench of this high court has observed therein as under:--'in an inquiry or proceeding under chapter xviii of the code of criminal procedure, the magistrate without recording reasons, simply declined to commit the accused to the court of session under ..... triable by the court of session. nevertheless, 'discharge' as contemplated in section 437 is from the 'case' or 'matter' in respect of which the sessions judge directs the magistrate to commit an accused person to the court of session. though it is reasonable to presume that the same meaning is implied by the use of ..... it could be said reasonably that he had an intention to cause grievous hurt or at any rate he could be reasonably attributed with the knowledge that his act was likely to cause grievous hurt. the learned magistrate was, therefore, fully justified on convicting the appellant of the offence punishable under section 325 of the indian .....

Najarkhan Kalubava and anr. Vs. Kesarkhan Kayamkhan and ors.

Court : Gujarat

Reported in : (1968)9GLR1066

..... the trial courts' decree in favour of the plaintiff for possession of the suit lands. it only varied the said decree as regards quantum of mesne profits by directing an inquiry under order 20 rule 12(1)(c). defendants 1 and 2 have therefore filed the present appeal.3. at the hearing miss shah raised the following points:(1) hat ..... no. 1, which would show that defendants 2 and 3 were representing that defendant no. 1 was the ostensible owner.9. it is, therefore, clear that the least inquiry on the part of the plaintiff would have disclosed the real fact that defendant no. 1 was neither the ostensible owner nor had he any authority to ..... claim. in those circumstances it was held that in allowing the suit to be withdrawn on this ground the court had acted without jurisdiction and the order could be reversed under section 115 of the civil procedure code, because the learned judge bad exercised jurisdiction which did not vest in him under order 23 rule 1(2). on the same reasoning, miss shah .....

Denver and Rio Grande Western R. Co. Vs. United States

Court : US Supreme Court

..... and declined to decide, pending the outcome of greyhound's 60-day offer, the questions of control under 5 of the interstate commerce act or anticompetitive effect under 7 of the clayton act. a three-judge district court sustained the icc order. held: 1. the icc is required, as a general rule, under its duty to determine ..... 5. section 5 not only deals explicitly with problems of control, but it establishes the public interest criteria which the icc is bound to use in making that type of inquiry. for example, the commission must consider "(1) the effect of the proposed transaction upon adequate transportation service to the public; . . . (3) the total fixed ..... period, and because no prejudice to any party's interests could result from the delay. ii we do not agree that congress limited icc consideration under 20a to an inquiry into fiscal manipulation. [ footnote 4 ] even if congress' primary concern was to prevent such manipulation, the broad terms "public interest" and "lawful object" negate .....

Hiralal Hargovindas Vs. Popatlal Sankalchand Patel and anr.

Court : Gujarat

Reported in : AIR1969Guj28

..... dismissal that the present letters patent appeal has been preferred by the appellant.2. as regards the question of ownership of the two rickshaws, the finding of the learned judge of the city civil court that the two rickshaws belonged to the appellant has not been seriously challenged by mr. s. n. shelat appearing on behalf of the ..... threatens, or intends, to remove or dispose of his property with a view to defraud his creditors, 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 as the court thinks fit, ..... the intention of the legislature has to be gathered from what has been enacted by it. it is also true that the cardinal rule of construction of the acts of legislature is that they should be construed according to how the legislature itself has expressed and when the language and the structure of a provision is clear, .....

Ambika Tobacco Company, Gondia Vs. Labour Court, Nagpur and ors.

Court : Mumbai

Reported in : (1968)70BOMLR159; [1968(17)FLR105]; (1968)IILLJ353Bom; 1968MhLJ10

..... elaborate procedure of sub-section (2) ... but the anti thesis between 'money due' and a 'benefit which must be computed in terms of money' still remains, for the inquiry being made is not of the kind contemplated by sub-section (2) but is one for the satisfaction of the state government under sub-section (1). it is verification of ..... are not 'money due'. for instance, loss of the benefit of free quarters is not loss of 'money due' though such loss can be reckoned in terms of money by inquiry and equation. the contrast between 'money due' on the one hand and a 'benefit' which is not 'money due' but which can become so after the money equivalent ..... a labour court at nagpur for adjudication of industrial disputes relating to matters specified is sch. ii to the said act and for performing such other junctions as may be assigned to it under the act; and (2) appoint sri p. d. kulkarni, judge, district industrial court, nagpur, as the presiding officer thereof. (by order and in the name of the .....

State of Orissa Through the Land Acquisition Collector Vs. Amarandra P ...

Court : Orissa

Reported in : AIR1967Ori180

..... it in any proceeding before the collector or the court to appear and adduce evidence for the purpose of determining the amount of compensation. the scope of the inquiry envisaged in section 21 gives full opportunity to a consideration of me interest of the company who is affected by the objection relating to the quantum of compensation. ..... on whose behalf the acquisition is made by the state. it includes only the persons as defined in section 3(b). under section 21. the scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection. section 50(2) lays down that in any ..... award for 92.40 paise. on the objection of respondent-1, the collector made a reference to the district judge under section 18 of the land acquisition act for determination of compensation. the matter was ultimately heard by the learned subordinate judge. sambalpur, who valued the disputed land at rs. 3300/-. he also decreed a sum of rs 495/- .....

Sukanraj Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR1967Raj267; 1967CriLJ1702

..... trial with respect to each distinct offence. the object evidently is that the attention of the trial court should be directed to the evidence relating to the charge under inquiry and irrelevant matter should be excluded. this object is not achieved by adopting such procedure but defeated by placing on the record mere copies of the statements of ..... run concurrently. 2. it is needless to state the prosecution case as both the appeals can be disposed, of on the question of illegality committed by the trial judge in recording the evidence of the witnesses. it is urged by the learned counsel for the appellant that five prosecution witnesses were examined in case no. 9 but their ..... khan v. emperor, air 1928 lah 34, a person was tried separately for two offences namely, section 307, i.p.c. and section 20 of the indian arms act. the witnesses in the two cases were more or less the same. the trying magistrate recorded the evidence of the witnesses in one case and the copies thereof were taken .....

Spencer Vs. Texas

Court : US Supreme Court

..... for most state and federal courts (including this court in the exercise of its supervisory power over proceedings in federal courts) has been that the trial judge is given discretion to draw the balance in the context of the trial. in view of this uniform tradition, it is apparent that prior convictions evidence ..... permitting introduction of the evidence. the defendants' interests are protected by limiting instructions, see giacone v. state, supra, and by the discretion residing with the trial judge to limit or forbid the admission of particularly prejudicial evidence even though admissible under an accepted rule of evidence. see spears v. state, 153 tex.cr.r. ..... the state may not show defendant's prior trouble with the law, specific criminal acts, or ill name among his neighbors, even though such facts might logically be persuasive that he is, by propensity, a probable perpetrator of the crime. the inquiry is not rejected because character is irrelevant; on the contrary, it is said .....

The State Vs. Ganesha and ors.

Court : Rajasthan

Reported in : AIR1968Raj116; 1968CriLJ648

..... police officer within the meaning of section 190 (b) cr. p. c. it was in that context that the learned judges had to con-cider whether a report by an excise officer for an offence under the rajasthan excise act could be treated as a police report so that resort could be had to section 251a cr. p. c. regarding the ..... illegality in the absence of proof of actual prejudice.in ghisia's case the learned judges were dealing with a case under section 54 (a) of the rajasthan excise act which arose before the rajasthan excise amendment act (no. 22) of 1958 came into force before this amendment act, the report of an excise officer could not have been treated as one by a ..... mode of trial the learned judges came to the conclusion that the report of an excise officer could not be treated as that .....