Court : Kolkata
Reported in : AIR1959Cal174
..... and addressing the letter set out in the judgment.' he adds therein that the letter was written without reflection on his part and without realisation of the nature of the act that it was never his intention to obstruct administration of justice, that for the time being he was overwhelmed by his sympathy for basudeb mukherji and the sufferings of ..... his family and was actuated by no intention of committing any wrongful act. he repeats thereafter his unqualified apology.4. the facts are thus not in dispute. as set out in the judgment of the chief justice for the order directing the ..... his humble and unqualified apology on his part by the events set out in the judgment, that he did not at material times realise the nature or gravity of the act, that as the letter referred to was in english his understanding thereof was faint and he had no idea of the consequences and that he had no idea that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All101; 1959CriLJ1
..... 308: 'the offence known as breach of the peace embrances a great variety of conduct destroying or menacing public order & tranquillity. it includes not only violent acts but acts and words likely to produce violence in others ....... -when clear and present clanger of riot, disorder, interference with traffic upon the public streets, or other immediate ..... persons hold the office one after another. the system of council of ministers continues even though different persons become ministers at different times. in the case of bal gangadhar tilak (d), 'government' was defined by strachey j. as 'british rule and its representatives as such -- the existing political system as distinguished from any ..... said to be completed. this is the plain interpretation of the language used in the section and is supported by the highest authorities. in queen empress v. bal gangadhar tilak, ilr 22 bom 112 (d); strachey j. observed at p. 135: 'the offence consists in exciting or attempting to excite in others .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP318
..... of andhra fradesh. 1957-2 andh wr 43: ((s) air 1957 andh pra 734).the learned judges left open the question whether in-extra ordinary cases'where for instance an act is passed by the parliament or by a legislature in excess of its constitutional power reshaping the map of india...........a citizen of india, who lived his lifetime as a ..... 95 and are as follows:'our power under article 226 or the constitution can only be invoked at the instance of a person who has 'a personal grievance against any act of the state in its executive capacity which inflicts a legal injury on him. it has been held over and over again both in the united states of america and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H50
..... civil court of original jurisdiction, the answer to the second question must also be in the negative and a district judge, to whom a petition under the act is presented cannot transfer it to an additional district judge.17. before concluding i may venture to suggest that if this interpretation gives rise to any practical ..... court of the district judge, additional judges have been permanently or temporarily appointed, the petitions filed in the court of the district judge under the hindu marriage act can be allotted by him for disposal to an additional judge. indeed, as the learned judge who has referred the matter evidently thought, there would have been ..... of additional district judge. the court of additional district judge, therefore, cannot be considered to be a civil court of original jurisdiction under the hindu marriage act particularly when section 20 lays down that there shall be only one district judge in each district and section 24 provides that the court of district judge shall .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All87
..... counsel for the petitioner is that there has been delegation of essential legislative power. the argument of the learned counsel is that under section 37 of the indian electricity act the central electricity board has been given power to frame rules. thecentral electricity board framed rule 45 (rule 48 of the old rules). rule 45 provides that no ..... was hanging downwards and the old lady got electrocuted after touching it. it is also stated in the counter affidavit that smt. subba laxmi and her sister rajjam bal who were accompanying the old lady also staged that the deceased caught hold of the wire by left hand and fell down on the ground.3. a rejoinder ..... given preference over new applications for permits.'9. even for the renewal of a permit an application has to be made under section 57 of the motor vehicles act. the application for renewal as also fresh applications for a contract carriage permit or a private carrier's permit are all published in the government gazette and objections .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad467
..... few and practically incapable of definition. 4 halsburys 3rd edition page 211; see also ram saroop v. s. p. sahi : air1959sc951 (a case under bihar hindu religious trusts act); and also moti das v. s. p. sahi : air1959sc942 . to this class 'public' belong all trusts for charitable purposes and indeed 'public' trusts and 'charitable' ..... (6) vaiswadev sacrifice and (7) hospitality. the purtta works not only signified such works of public utility as excavation of tank, wells, etc. but included all acts which either conferred some kind of benefit on those who were in need of it, or were regarded as meritorious from the spiritual or religious point of view.from the ..... by istha is meant vedic sacrifices, and rites and gifts in connection with the same; purtta on the other hand means and signifies other pious and charitable acts which are unconnected with any srauta or vedic sacrifice. the meaning of these two expressions has been discussed elaborately by pandit pran nath saraswati, in his tagore .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal577
..... position would have been different if the 'definition' had been inconsistent with the provision made in what has been termed the substantive section.50. if the act itself does not confer jurisdiction on the high court, the framing of the rules by the high court on the erroneous basis that it has jurisdiction is ..... not raised and discussed in the said two judgments. nonetheless, those observations cannot be lightly brushed aside.44. hence, on the above considerations the hindu marriage act 1955 clearly conferred exclusive jurisdiction to the city civil court and there by widened the range of jurisdiction of the city civil court.45. the legislature can, ..... ,000/- or such other words.39. therefore the court is obliged to importthe meaning of 'district court' as given in the definition in section 19 of the act with the inevitableresult that the city civil court has exclusivejurisdiction irrespective of the question of pecuniary valuation.40. in sm. himarani roy v. kalyan kumar roy, matrimonial .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H530
..... 214(p) of 1951 smt. kishni inherited her husband's landed property and gifted the same in favour of her daughter before the enforcement of the hindu succession act. kishan singh, a fifth-degree collateral of the deceased husband of the widow, brought the usual suit for declaration that the gift was not binding on his reversionary ..... through her and are estopped as much as she was. secondly, they have not the same right as was possessed by the presumptive reversioners. the hindu succession act makes no provision for an alienation made without legal necessity by a widow before it came into force. therefore, no decree for a declaration about the invalidity of ..... section 15 the reversioners have ceased to exist. head-note (b) runs as follows:'though the alienation by the hindu widow made before the passing of the act is still vulnerable, the widow continues to be estopped from challenging the validity on the ground of want of legal necessity. the reversioners have completely disappeared by virtue .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad180
..... and kodavasal in respect of two buses.(2) in exercise of the powers conferred by section 43-a(2) of the motor vehicles act, 1939 (central act iv of 1939) the government of madras hereby direct the regional transport authority, tanjere to vary the existing route tanjore to kurnbakonam as tanjore ..... to koradacheri via kumbakoriarn and kodavasal. the government have carefully examined the representations with-reference to the conditions specified in section 47 of the motor vehicles act and in consultation with the transport commissioner, madras, have decided that present route tanjore to kumba-lonam should be varied as tanjore koradacheri via kurnbakonam ..... to koradacheri via kumbakonarn and kodavasal.on receipt of this application the regional transport authority published a notification under section 57(3) of the motor vehicles act. there were two other operators on the route kumbakonam to kodavasal, namely, messrs. raman and raman and sri rama vilas service ltd. sri rama vilas .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H352
..... of the rights and liabilities of the parties under the contract 13. this brings me to the question of limitation. there is no specific provision in the limitation act which would be applicable in the present situation, and under the residuary article 120, the limitation of six years would run from the time when the right to ..... the municipal committee, the first defendant would have been able to set up by way of defence a case for restitution under section 64 of the indian. contract act. a decree in favour of the plaintiffs in the present suit might preclude the first defendant from claiming compensation from the municipal committee on basis of a quasi- ..... section shall be binding on thecommittee'.admittedly, the contract of sale did not conform to the requirements of sub-section (2) of section 47 of the punjab municipal act. it was proposed bysome municipal commissioners in a resolution, of 16th of october 1954 to file a civil suit against the first defendant to recover the land because .....
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