Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1967 Page 9 of about 665 results (0.241 seconds)

State Farm Fire and Cas. Co. Vs. Tashire

Court : US Supreme Court

..... never be "claimants" against the insurer? i cannot believe that congress launched such an irrational scheme. the court rests heavily on the fact that the 1948 act contains the phrase "may claim," while the 1926 and 1936 interpleader statutes contained the phrase "are claiming." from this change in language, the court infers that ..... have been a tenable position under the 1926 [ footnote 8 ] and 1936 interpleader statutes. [ footnote 9 ] these statutes did not carry forward the language in the 1917 act authorizing interpleader where adverse claimants "may claim" benefits as well as where they "are claiming" them. [ footnote 10 ] in 1948, however, in the revision of the ..... judge weinfeld's opinion in twentieth century-fox film corp. v. taylor, 239 f.supp. 913, 918-921 (d.c.s.d.n.y.1965), and in ali, study of the division of jurisdiction between state and federal courts 180-190 (official draft, pt. 1, 1965); 3 moore, federal practice 22.09, at 3033-3037; chafee, federal interpleader since the act .....

Klopfer Vs. North Carolina

Court : US Supreme Court

..... with admirable promptness during the march, 1964, special criminal session of the superior court of orange county; but, when the jury failed to reach a verdict, the trial judge declared a mistrial and ordered the case continued for the term. several weeks prior to the april, 1965, criminal session of the superior court, the state's solicitor ..... during the session, petitioner, through his attorney, opposed the entry of such an order in open court. the trespass charge, he contended, was abated by the civil rights act of 1964 as construed in hamm v. city of rock hill, 379 u. s. 306 (1964). in spite of petitioner's opposition, the court indicated that it would ..... subject to prosecution at any time in the future at the discretion of the prosecutor. although petitioner objected that the trespass charge was abated by the civil rights act of 1964 and that entry of the nolle prosequi order would violate his federal right to a speedy trial, the trial court, without stated justification, granted the .....

D.V. Narasimham Vs. State

Court : Andhra Pradesh

Reported in : AIR1969AP271; 1969CriLJ1016

..... thereof. whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such ..... urged that the provisions of sections 162, cr. p.c. demand a different interpretation with reference to the provisions of the said act. 15. as a result of foregoing discussion, we hold that the trial judge was not justified in drawing an inference against the accused with reference to his failure to offer an explanation to the investigating officer. ..... inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused and with .....

Jamatraj Kewalji Govani Vs. the State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1968SC178; (1968)70BOMLR134; 1968CriLJ231; 1968MhLJ371(SC); [1967]3SCR415

..... to cross-examine any witness upon any answer given in reply to any such question : . . . . . . . .' 7. these two sections between them confer jurisdiction on the judge to act in aid of justice., 8. the presidency magistrate, esplanade, in dealing with the petition to call dutta passed an order on july 26, 1965 in which he remarked that there ..... obligation of the court provided the just decision of he case demands it. in other words, where the court exercises the powder under the second part, the inquiry cannot be whether the accused has brought anything suddenly or unexpectedly but whether court is right in thinking that the new evidence is needed by it for a ..... several others which have been appropriately described in the heading to the chapter as 'miscellaneous'. it provides : 's. 540 : 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 witnesses, or recall and .....

Kacharji Hariji Vs. State of Gujarat

Court : Gujarat

Reported in : AIR1969Guj100; 1969CriLJ471

..... that the accused has hidden the property in question, one important step in resorting to the aid of illustration (a) to section 114 of the act is satisfied, viz., possession. the line of inquiry as to whether the accused person who pointed out the thing was the person who had hidden it is very clear.the difficulty with regard to the ..... expect any sense of moral obligation in one who has not moved the authorities in the matter till he was himself suspected and questioned'.'with great respect to the learned judge, i beg to defer from these latter observations made by him, which are underlined by me (here kept in single inverted commas), in my opinion, there is no ..... the principal offender if he was 'an accessory after the fact, he must be the principal offender himself, at least one of the principals'.with great respect to the learned judge, i am of opinion that the reasoning made in the observations underlined by me (here in inverted commas) does not appear to be very sound. no such duty is .....

indrani Ammal and ors. Vs. A. Sambanda Appah and ors.

Court : Chennai

Reported in : AIR1968Mad366; (1968)2MLJ220

..... remote to fasten any liability on the defendants'. this conclusion would appear to be unwarranted. but the new trial bench had some justification for pointing out that the learned trial judge relied on ex. p-1, a true copy of the fire report recorded by the madras fire service, which piece of evidence had not been properly proved.(3) ..... , and he approbates the dictum that 'a man shall answer to his neighbour for each person who enters his house at his leave or knowledge.......if he does any act................whereby his neighbour's house is burnt'.(4) in other words, there is a liability on the part of a proprietor of property,, for damage caused to the property ..... , or guest'.(5) with regard to the conclusion of the new trial bench that the negligence is too remote i am indeed unable to gather what precisely the learned judges implied by this. the properties are adjacent, the thatched shed was built at some height over the parapet wall on open terrace, which might thus amount to a private .....

K. Gopalakrishnan Minor Vs. Sankara Narayanan and ors.

Court : Chennai

Reported in : AIR1968Mad436

..... , the liability to make good the damage or loss shall be proportionate to the degree to which each person was at fault. the said decision of a single judge of the punjab high court proceeds on the authority of land v. london transport executive, 1959 3 all er 609 as justifying the apportioning of liability among tort- ..... follows:'on receipt of an application for compensation made under s. 110a the claims tribunal shall, after giving the parties an opportunity of being heard hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom ..... tribunal in respect of the claim for compensation shall be granted by the civil court.'thus the above provision contained in ss. 110(1) and 110f of the act taken together clearly show that the claims tribunal wherever constituted has exclusive jurisdiction to entertain any question regarding any claim for compensation which may be adjudicated upon by .....

K. Gopalakrishnan, Minor by Next Friend Guardian Father B.R. Krishnan ...

Court : Chennai

Reported in : (1969)1MLJ49

..... the liability to make good the damage or loss shall be proportionate to the degree to which each person was at fault. the said decision of a single judge of the punjab high court proceeds on the authority of lang v. london transport executive 6 as justifying the apportioning of liability among tort-feasors. but it ..... tort-feasors to independent tort feasors causing the same damage. in nawal kishore v. rameshwar : air1955all594 , it has been. pointed out that the courts in india act on the principle of equity, justice and good conscience in matters which are not covered by statute and rely upon the principles established under the english law to ..... respect of the claim for compensation shall be granted by the civil court.thus the above provisions contained in sections 110 (1) and 110-f of the act taken together clearly show that the claims tribunal wherever constituted has exclusive jurisdiction to entertain any question regarding any claim for compensation which may be adjudicated upon by .....

R. Selvaraj Vs. Jagannathan and anr.

Court : Chennai

Reported in : (1969)2MLJ417

orderk. veeraswami, j.1. this petition is directed against an order of the city civil judge taking the view that the entire claim is triable only by the claims tribunal under the motor vehicles act and that, as such, the civil court has no jurisdiction. on that view, it returned the petition for leave to sue in forma pauperis to ..... personal injuries to the petitioner is concerned, the court below was clearly right in the view it took. sections no (1) and 110-f of the motor vehicles act make it crystal clear that claims for compensation in respect of accidents involving bodily injury are triable only by the claims tribunal having territorial jurisdiction and that the civil ..... civil court is excluded by terms of section 110-f. there is absolutely no indication in either of the sections or in any other provisions of the motor vehicles act to justify the proposition that the tribunal will have jurisdiction to try any claim other than that defined in section 110 (1). it may be that this approach .....

Calcutta Electric Supply Corporation Ltd. Vs. Habul Chandra Das

Court : Kolkata

Reported in : AIR1968Cal278,[1969(18)FLR128],(1968)IILLJ769Cal

..... he found that everything was normal and there was no physical basis for the complaint made that there was stiffness in the joint. undoubtedly when doctors disagree, the judge has to exercise his own decision. in the present case, the commr. did not even look into the skiagram and in view of the comments made by ..... we assume that there was physical disability or 'permanent partial disablement' as the commissioner calls it, still we have repeatedly pointed out that the workmen's compensation act is not interested in mere physical disability. no compensation can be granted for any physical disability unless there was loss of earning capacity tt is only in the ..... a sum of rs. 784/- as compensation less rs 156/- already paid.'(2) the definition of 'partial disablement' appears in section 2(g) of the workmen's compensation act. 1923 it runs as follows' 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any .....