Court : Andhra Pradesh
Decided on : Dec-03-1963
Reported in : AIR1965AP16
..... precise scope of the term 'judgment' used in cl. 15. the learned chief justice, sir arnold white, who spoke for the full bench, formulated a definition of 'judgment' in a comprehensive manner.(2) 'the test seems to me' thus observed the learned chief justice, 'to be not what is the form of the adjudication, but what is the ..... judge of any division court, pursuant to s. 108 of the government of india act made (on or after the 1st day of february 1929) in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise ..... and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of s. 107 of the government of india act or in the exercise of criminal jurisdiction ) of one judge of the said high court or one judge of any division court, pursuant to s. 108 of ..... government of india act, and that notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge of the said high court or one ..... rendered in the year 1910 and for more than half a century it has ruled the law in madras.(4) in khatizan v. sonairam, air 1920 cal 797 (2) the high court of calcutta held that an order for transfer of a suit made under cl. 13 of the letters patent was not a 'judgment' within .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-02-1963
Reported in : AIR1965AP20
..... the commissioner of excise by virtue of the powers vested in him under sec. 3 (i) (a) of the abkari act ; and that sub-rules (i) (b) and (ii) of r. 7 are not open to challenge as violative of any of the constitutional rights of the petitioner ..... , the learned advocate general appearing for respondents 1 to 3, supported the action taken by the auctioning authority as fully warranted by the akbari act and the rules and argued that the instructions contained in the impugned circular were intended to protect the public revenue and were within the competence of ..... this was done in the interests of public revenue and in the 'bona fide' exercise of the powers vested in the authorities by the abkari act and the rules framed thereunder. it is the further case of the department that as the arrears of excise revenue in the hyderabad district were ..... by the commissioner of excise to the deputy excise commissioner, hyderabad division, and of rule 7 (i) (b) and (ii) of the rules framed by the government under the hyderabad abkari act ( no. 1 of 1316 f).(3) it is common ground that at the auction held on 26-8-1963 the petitioners ..... ex/ 59- e 1, dated 2-6-1959. (3) board's c. r. no. 238/ ex/ 59, dated 30-6-1959. .................................................... the following notifications will be published in the andhra pradesh gazette. notification in exercise of the powers conferred by sections 3 and 15 of the abkari act (hyderabad act 1 to 1316-f) and in .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-20-1963
Reported in : AIR1965All196; 1965CriLJ524
..... accused' in our code, it is true that the indian venal code contains specifications of states of mind, by using terms such as 'voluntarily' or 'knowingly' or 'fraudulently' in its definitions of offences, but this does not mean that one is precluded from invoking the aid of basic doctrines underlying criminal liability in interpreting statutory provisions containing rather broadly denned offences ..... conditions in the criminal law of india. but, instead of enacting a general principle such as nemo est reus nisi mens sit rea, the indian legislature has included, in the definition of each offence, a clear statement of the mental condition necessary to constitute the offence. if, in any case, the indian legislature has omitted to prescribe a particular mental condition ..... life' occur, were already there. although words expressly indicating a test of degree were not used in section 304a, i. p. c. we can infer, from the words used in section 304a, i. p. c., that the act must be reasonably capable of resulting in the death, which the perpetrator of the act takes the risk of causing, and also that the mens rea must ..... consequence of a conviction for felony to results produced by mere inadvertence. the stricter view became apparent in prosecutions of medical men or men who professed medical or surgical skill for manslaughter by reason of negligence.'23. passages from andrew's case, 1937-2 ail-er 552 (supra) intended for explaining the modern view of manslaughter in england, are not in my opinion .....Tag this Judgment!
Court : Orissa
Decided on : Nov-14-1963
Reported in : AIR1964Ori173; 1964CriLJ42
..... has been ignored. neither the chemical examiner's report nor that of the two medical officers shows that the death of the five persons was due to poisoning. p. w. 15 also has not been able to say definitely that the sickness caused to the disciples who survived was due to the administering of ..... important piece of evidencein favour of the petitioner was not brought on record,according to law. thus p. w. 11 (dhanapati bhag)while being examined under section 164 cr. p. c. statedthat after sacrificing a goat the heated liver of the goatwas also distributed, along with the pills to the disciplesby the petitioner. ..... been caused by the pills administered to them by the petitioner with the help of dasarathi and that he was guilty of a rash and negligent act. the lower appellate court thought that the chemical examiner submitted his report only on 11-7-1962 even though the incriminating articles had been sent to ..... died only at 4 p. m. he has not stated that during this interval they did not take any other food or drink. similarly p. w. 2 stated that he became giddy and intoxicated only two or three hours after taking the pill. p. w. 3 has given the interval as more than an ..... and the sentence of rigorous imprisonment for two years for the former offence and 4 months for the latter offencel passed by a first class magistrate of sambalpur.2. the case is undoubtedly of an extra-ordinary nature. in village dhama p. s. sambalpur one dasarathi sahara (who was tried along with the petitioner but .....Tag this Judgment!
Court : Chennai
Decided on : Oct-29-1963
Reported in : AIR1964Mad395; [1965(10)FLR287]
..... to the conclusion that the expression 'any person' occurring in section 2(k) of the act could not be given its ordinary meaning but must be construed consistently with the intent and purpose of the act. so construing, they held that , the medical officer, who under the then existing definition of 'workman' would not come within it could not be held to have any community of ..... an assistant spinning master of a company, who was among the supervisory staff. but his emoluments were such that he satisfied the terms of the definition of 'workmen' after the amendment of section 2(s) of the act. the learned judges of the mysore high court held that as the conditions of service of the dismissed employee were different from the conditions of service ..... was directed to dispose of the reference on its merits. the management now appeals.2. it is not disputed that kumaraswami though employed only in a supervisory capacity will be a workman as defined in section 2(s) of the industrial disputes act. prior to the amendment of that definition by act xxxvi of 1956 the term 'workman' did not include a person employed to do ..... supervisory work. under the terms of the definition as amended by that act, a 'workman' means any person employed in any industry to do .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-15-1963
Reported in : AIR1964Bom253; (1964)66BOMLR230; 1964CriLJ523; 1964MhLJ360
..... official gazette declare to be an intoxicant.' it is not necessary to reproduce the definition of 'intoxicating drugs' given in c!. (23) of section 2. chapter ii of the act has enacted provisions to set up the establishment for the enforcement of the act. chapter iii contains prohibitions under the act. the various provisions of chapter iii contain inter alia the prohibitions relating to the ..... challenged before the learned magistrate. it would be erroneous to say that the provision in section 129a is vague since limitless blood can be taken from a man's body which may lead to fatal consequences. sub-section (2) of section 129a itself provides that the registered medical practitioner before whom a person has been produced shall examine such person and collect and ..... forward in the manner prescribed the blood of such person. sub-section (3) provides that it shall be lawful to use all means reasonably ..... the test is to be collected. by virtue of the powers conferred on the government by clause (w) of sub-section (2) of section 143 of the bombay prohibition act, rules are framed and those rules are called the bombay prohibition, (medical examination and blood test) rules 1959 rule 4 of these rules which provides for the manner and collection and forwarding of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-15-1963
Reported in : AIR1965AP13
..... from the point of view of the appellant as on the date of the judgment. it is the amount or the value of such of the reliefs determined under rule (2) supra in respect of which he is prejudiced by the judgment.' these observations, with which we respectfully agree, do not in any way manner advance the contention of the petitioner ..... the amount or value of the reliefs excluding costs that the plaintiff would have directly obtained if he were successful, as one the date of the institution of the suit. (2) for also the valuation under art. 133(1)(a) of the subject-matter of the dispute in the court of first instance, the matter must be looked at from the ..... and 110 of the civil procedure code, for leave to appeal to the supreme court against the judgment of this court in a. s. no. 230 of 1959 dt. 13-10-1962. (2) the petitioner was one of the lessees from the zamindar of madgole and pachipenta, for collecting adda leaves in specified areas for a period of two years commencing from 1 .....Tag this Judgment!
Court : Chennai
Decided on : Oct-09-1963
Reported in : (1964)1MLJ70
..... body corporate, having perpetual succession. it consisting of chairman, a director and other members of the board. section 6 of the act conferred powers upon the institute generally to provide for instructions and research in engineering technology, to hold examinations and to grant degrees, to establish hostels, etc it was also empowered to frame statutes and ordinances for the proper government of the ..... not as a punishment.6. it is unnecessary to enter into the further contents of the affidavit which deal with the petitioner's allegations that there were certain disputes regarding medical bills or the allotment of residential quarters.7. the institute also contends that the petitioner is not a members of a civil service under the union, who is entitled to ..... unit in the governmental organisation, is the claim made by the learned counsel. it is urged that the act has declared this institute to be one of national importance. the president of india is the visitor who is competent under section 9(2) of the act to appoint persons, to review the work and progress of any institute and to hold enquiries into the ..... temporary employee. it should therefore follow that it is open to the employer and equally to the employee to put an end to the service relationship by notice. statute 13(2) provides that:all appointments to posts in the institute shall ordinarily be made on probation for a period of one year, after which period the appointee, if confirmed, shall continue .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-30-1963
Reported in : AIR1964Kant132; AIR1964Mys132; (1963)2MysLJ302
..... social revolution, not confinedto the upper classes, neither only to hindus alone.'but, the real question is, how to do it. it can be definitely asserted that there is no ready made solution. in pronouncing on such a social question, nay a human problem, we should not forget our own ..... .25. at this stage an incidental controversy that arose at one stage may be mentioned. it was urged that in view of section 51 of the mysore university act, 1956, the classification made under ex. c cannot be made applicable to the university engineering college at bangalore. but this submission ..... the interview marks as fixed, in para 1above shall also apply for selection of candidates for diploma and certificate courses in government polytechnics and for degree- course in textiles.'there was some controversy as to who authorised the issue of this communication. it is now made clear by the affidavit filed ..... them has prayed for a writ of mandamus and/or any other appropriate writ or direction, directing respondents 1 and 2 to admit him to the engineering college or to the medical college as the case may be. in their affidavits, they have challenged the validity of government orders no. ed ..... these writ petitions relate to admissions to professional and technical colleges. some of petitioners have applied for admission to the course leading to the degree of bachelor of engineering, whereas others have sought admission to the pre-professional class in medicine. their applications have been rejected. hence, .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-19-1963
Reported in : AIR1965Kant46; AIR1965Mys46
..... the matter went back to the executing court, the papers were transmitted to the collector so that there may be a partition of the properties under section 54 of the code of civil procedure. such transmission became necessary since the lands are agricultural lands paying land revenue to the government.(5) on receipt ..... not necessary for me on this occasion to investigate into the correctness of the proposition that once a partition is made by the collector under section 54 of the code of civil procedure that partition so made is beyond the superintendence of the civil court and that in no case that court ..... direct the collector to make a partition in accordance with the terms of the consent order. the postulate was that since a partition made under section 54 of the code of civil procedure by the collector is incapable of rectification by the court which directed that partition to be made, for ..... execution application on the ground that the partition, if made, would create, a fragment prohibited by the bombay prevention of fragmentation and consolidation of holdings act, 1947.(3) from this order made by the civil judge, there was an appeal to the district judge and in that appeal there was a consent ..... the district judge to the civil judge of a matter relating to execution of a partition decree was improperly made. the material facts are these :(2) in a suit for partition, the plaintiff was declared to be entitled to a third share in the properties which framed the subject matter of the .....Tag this Judgment!