Court : Rajasthan
Decided on : Jan-03-1963
Reported in : (1963)IILLJ187Raj
..... , the remaining claim will be at an average rate of rs. 200 only in all the three applications.7. when the present applications were filed, the definition of ' wages' as contained in section 2(vi) of the act stood, as follows;wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express ..... and any sum payable to such person by reason of the termination of his employment, but does not include(a) the value of any house-accommodation, supply of light, water, medical attendance or other amenity, or of any service excluded by general or special order of the state government;(b) any contribution paid by the employer to any pension fund or ..... .i.r. 1956 m.b. 152 (vide supra) it was held that standard wages fixed by government did not come within the purview of the definition of 'wages' contained in section 2(vi) of the payment of wages act as they could not be regarded as remuneration payable under the contract of employment entered into between the employer and the employee. the decisions in ..... bearing on the question as to whether dearness allowance is ' wages ' within the meaning of the definition of the term as contained in section 2(vi) of the payment of wages act before its amendment in 1957 and whether it is not recoverable on an application under section 15.22. the learned counsel for the applicant tried to draw some inferences from the stray observations .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-18-1963
Reported in : AIR1964AP69
..... the person who can sell stamps and could not depute the same to a clerk in view of section 34 of the court-fees act and section 69 of the indian stamp act. section 34 of the court-fees act reads as follows :'34. (1) the appropriate government may, from time to time, make rules ..... sale of stamps on behalf of the vendor himself. it is also contended that the prohibition contained either in section 34 of the court-fees act or section 69 of the indian stamp act is only a prohibition against any person other than a licenced stamp-vendor selling stamps in his own right ..... to the stamp-vending on behalf of the plaintiff, who is the person licensed to vend stampsis prohibited under section 34 of the court-fees act, 1870 and section 69 of the indian stamp act. in that view, the learned additional district judge allowed the appeal and dismissed the plaintiff's suit, and ..... for regulating the sale of stamps to be used under this act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons. (2 ..... ) all such rules shall be published in the official gazette, and shall thereupon have the force of law. (3) any person appointed to sell stamps who disobeys any rule made under this section .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-19-1963
Reported in : AIR1964AP88
..... to all persons in the position of creditor and debtor, there are statutory provisions which are applicable to claims provable against the bankrupt company. section 529 of the companies act, 1956 extends the law of insolvency with respect to the estates of persons adjudged insolvent to the winding up of insolvent companies in regard to ..... secured and unsecured creditors; as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent. (2) all persons who in any such case would be entitled to prove for and receive dividends out of the assets of the company, may come in ..... claim it was time-barred. in the same trend of thought is the judgment of the calcutta high court in harendra nath v. sourindra nath, ilr 1942 (2) cal 485 : (air 1942 cal 559). it was inter alia remarked by witter j., who spoke for the court, that as the set-off was ..... the suit, but not afterwards unless permitted by the court, present a written statement containing the particulars of the debt sought to be set off. 2. the written statement shall have the same effect as a plaint in a cross-suit so as to enable the court to pronounce a final judgment in ..... this appeal is directed against the judgment of our learned brother, satyanarayana raju j., in company application no. 89 of 1960 in o. p. 11 of 1956.2. the material facts may be shortly stated. the company called the east coast transport and shipping company (hereinafter referred to as 'the company') started in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-23-1963
Reported in : 1963CriLJ341; 1SCR697
..... himself unworthy to be a memberof the legal profession. 9. as early as 1894, lopes l.j. attempted to give the definition ofmisconduct of a medical man in allinson v. general council of medical educationand registration  1 q.b. 750. in that case lopes l.j. said : 'the master of the rolls has ..... o. iv-a are professional or othermisconduct and that is on the same lines as the relevant provision in s. 10(i)of the indian bar council act, 1926 (38 of 1926). 12. reverting then to the facts found by the tribunal in this case, it isclear that the advocate was paid rs ..... to assist the growth of a strong, healthy andefficient junior bar consisting of advocates-on-record and junior advocates whoprefer only to plead and not to act and plead. it is, however, clear that theadvocate could have obtained a receipt from the senior counsel without anydelay and it is not suggested that ..... the advocate. the tribunal then proceeded tohold an enquiry and submitted its report. the issue which the tribunal tried inthese proceedings was whether the advocate acted with gross negligence in thematter of the taxation of the costs of his client in the appeal in question,and if so, whether such conduct amounts ..... who will hereafterbe called the 'advocate', acted for the board of trustees of the dakhina parswanath of puri through its executive officer respondent no. 2 (b) in civil appealno. 232/1954. as such advocate he entered appearance on november 9, 1957. thesaid appeal was heard on may, 2 and 6, 1958, and by the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-31-1963
Reported in : AIR1964AP14
..... corporation (hereinafter referred to as the corporation) for certain purposes is tantamount to a contract with the government of andhra pradesh within the ' meaning of section 7(d) of the representation of the people act, 1951.2. the facts leading upto this appeal lie in a short compass and may be stated thus. in the last general elections, the appellant and respondents ..... , entered into a contract with the corporation which, according to the respondents, has imposed the disability contemplated by section 7(d) on the appellant.9. we will now extract here the provisions of section 7(d) of the representation of the peoples act, 1951. it recites:'a person shall be disqualified for being chosen as, and for being, a member of ..... respondents, fell back upon the argument that having regard to the legislative policy underlying section 7(d) namely, maintenance of independence and integrity of the members of the ..... to be wound up, which elements are absent in (1949) 2 all er 327. for these reasons we are unable to accede to the theory that the andhra pradesh mining corporation answers the description of 'appropriate government' within the contemplation of section 7(d) of the representation of the people act, 1951.23. lastly, sri balaparameswari rao, learned counsel for the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-05-1963
Reported in : AIR1964AP31
..... the ahsildar to make an enquiry in the manner prescribed and pass an order against which order an appeal is provided under sub-section (2) to the revenue divisional officer. a combined reading of sections 13 and 16 would show that on an application being filed, an enquiry has to be held, by the tahsildar and the ..... of the sugarcane delivered in the sugar factory by the tenants. but that certainly would not be a payment within the meaning of section 13 (a) of the act'.10. in parasuramulu v. suryanarayanamurthi, (1961)-2 andh w. r. 312, which dealt with the question of waiver by receipt of payment of arrears of rent, it was ..... order on 6-4-1959 by the petitioner there was default within the meaning of section 13 clause (a) of the act on the ground that the payment of the rent by the tenant through post is at his own risk.2. our learned brother expressed the view that where the landlord cannot be found and the ..... germane to the question for consideration.6. in (1959) 2 andh w. r. 463, by a bench consisting of the learned chief justice and ore of us had considered the language of sections 7 and 13 of the act. it was held that on the language of section 7, there can be little doubt that the deposit should ..... of the act, the requirements of section 7 which were that the agreed rent should be paid, have been complied with and if not, what is its effect. it was not there in dispute that the agreed rent had not been paid or deposited, and applying the decision of the bench (1959) 2 andh w. r. 463 .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-06-1963
Reported in : (1963)0GLR622; (1963)IILLJ527Guj
..... be chosen and recognized as protected workmen. (5) where an employer makes an application to a conciliation officer, board, labour court, tribunal or national tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it ..... has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute - (a) by altering ..... that case the court had to consider the ambit and scope of the provisions of s. 6e(2)(b) of the united provinces industrial disputes act, 1947. section 6e(2) of the united provinces industrial disputes act is identical in terms with s. 33(2)(b) of the industrial disputes act xiv of 1947, as it exists at present. at p. 214 the supreme court has reviewed ..... a 'manifest error' before a court interferes by issuing the writ of certiorari. the law in england on the subject has been well stated in the case of regina v. medical appeal tribunal, ex parte, gilmore [(1957) 1 q.b. 574]. in that case lord justice denning, lord justice romer and lord justice parker constituted the appellate bench. at p. 582 .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-06-1963
Reported in : AIR1963Guj283
..... 5. where an employer makes an application to a conciliation officer, board, labour court, tri-bunal or national tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible ..... to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned ..... case of air 1961 sc 860. having regard to the law as there laid down it cannot be said that a tribunal when acting under section 33(2)(b) is called upon to consider whether there has been unfair labour practice or victimisation.13. we shall next proceed, to consider ..... this special civil application raises very interesting questions regarding the powers of an industrial tribunal when dealing with an application made under section 33(2) (b) of the industrial disputes act, 1947.2. mulji ganda, the 2nd respondent before us, was an employee of the dharangadhra chemical works ltd., the petitioner before us ..... court interferes by issuing a writ of certiorari. the law in england on the subject has been well stated in the case of regina v. medical appeal tribunal, ex parte gilmore, reported in 0957) 1 qb 574. in that case lord justice denning, lord justice romer and lord justice .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-11-1963
Reported in : (1963)65BOMLR793; 1963CriLJ418; 1964MHLJ246(SC); 1SCR926
..... in a person's blood for the purpose ofgetting the benefit of s. 66(2) of the act is really to hold that even thoughthe legislature did definitely say that the registered medical practitionershould only collect the blood and forward it to the other functionary named inthe section whose duty would be to test it, the legislature was quite contentthat this ..... the prohibitionact. 37. to understand, the nature of the right conferred on the prosecution bys. 66(2) it will be helpful to maintain briefly a few other sections of theact. section 13 of the act prohibits among other things the consumption of anintoxicant. section 2(22) defines intoxicant to mean 'any liquor,intoxicating drug, opium or any other substance, which the state ..... anantiseptic preparation or solution containing alcohol or a flavouring extract,essence or syrup containing alcohol, which while containing alcohol was notunfit for use as intoxicating liquor. section 66(2) of the act comes to the aidof the prosecution in proving both these things by providing that if afteralleging that the accused consumed liquor the prosecution proves that 'theconcentration of ..... clause (a) or clause (b) of s. 129b, or otherwise,that gives rise to a presumption under s. 66(2). 26. section 129a contemplates two classes of certificates - certificate ofthe result of the examination by a registered medical practitioner whether theperson sent to him has consumed any intoxicant - and the certificate of thechemical examiner of the examination of blood .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-15-1963
Reported in : AIR1964AP28
..... v. avalil moidin, ilr 20 mad 157, that the property in the decrees had not passed to the plaintiff prior to the attachment before judgment, under section 232, civil procedure code (act xiv of 1882). we do not think it necessary to read the decision in the case quoted as laying down -- a thing it does not do ..... the distinction between the right to the decree as such, and the debt which has become merged in the decree, and lays down that the language of section 146. c. p. c. permits a transferee of a debt to maintain an application for execution of the decree as a person claiming under the transferor. ..... the transfer deed in other proceedings.8. before adverting to the decisions on the point, the provisions of the code of civil procedure may be referred to. section 146, c. p. c., enacts thus :'save as otherwise provided by this code of by any law for the time being in force, where any proceeding ..... that the interest of the decree-holder merged in both of them and the second petitioner having agreed not to press the petition, dismissed it as not maintainable.2. on appeal by gunda subbayya the transferee d.h. against the order of the district munsif, the lower appellate court remanded i. a. no. 29 of ..... c. p. c. as well as section 47 read with order xxii, rule 10. c. p. c.15. the observations of bhagwati, j. at p. 400, who agreed with s. r. das, j., are very apposite.'in case of transfer of book debts or property coming within the definition of actionable claim there is therefore necessarily .....Tag this Judgment!