Court : Orissa
Decided on : Jul-20-1953
Reported in : AIR1954Ori44; 20(1954)CLT162
..... the maximum amount of commission payable to an insurance agent is limited to 40 per cent, of the first year's premium by sub-section (2) of section 40 of the act. a person who is appointed by the company to employ insurance agents and to supervise their work is known as the chief agent and he ..... the plaintiff in his cross-examination whiclx show that he was not present when the proposal form was filled up by the manaraja and when he was medically examined: (ii) the admission made by the plaintiff in ex. c to the effect that the chief agent was 'really responsible for this case'; (iii) the ..... proponent agreeing to effect the contract of insurance with the company in respect of the sum. the maharaja's signing the proposal form and getting himself medically examined are merely technicalities to be completed. but if as stated by the plaintiff it was he who first requested the maharaja and induced him to ..... be no doubt as to who the age'nt was. the actual presence during the signing of the proposal form and active efforts in introducing the medical officers to the proponent are not decisive on the question as to who the agent was though they are ordinarily taken into consideration for that purpose.in ..... can hardly be believed. but the mere fact that the plaintiff was not present when the proposal form was signed by the proponent or during the medical examinations will not necessarily show that he-could not possibly have been the agent. the fact that he was at cuttack on that day and was .....Tag this Judgment!
Court : Chennai
Decided on : Aug-14-1953
Reported in : AIR1954Mad1043; (1955)ILLJ391Mad
..... subordinate services were made by the governor of madras in exercise of the powers conferred by paragraph (b) of sub-section (2) of section 241 read with sections 255 & 275 of the government of india act, 1935. they apply to all the provincial & subordinate services. on 21-3-1950 in exercise of the power ..... before them, the learned judges considered the scope of arts, 310 and 311 of the constitution of india.after considering the corresponding sections in the government of india act, and the law bearing on the subject, the learned judges observed at page 58:'thus the rule that civil posts under the ..... his being found to be physically fit he had been selected provisionally for appointment as a subordinate magistrate. he was also asked to send a medical certificate showing his physical fitness before 15-4-1952. in the list of the selected candidates he was placed first in rank. on 30 ..... a decision of a division bench of this court consisting of rajamannar c. j. and venkatarama aiyar j. in -- 'sambandam v. the general manager, section i. rly.', : air1953mad54 (a), which is binding on me. though in terms the contention now advanced before me by the advocate general was not put ..... first time the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof......2 (3): approved probationer;'approved probationer' in a service, class or category means a member of that service, class or category who has satisfactorily .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-16-1953
Reported in : AIR1953All510
..... may be charged with (and convicted of) for every such offence: section 235 (1) of the code. if the acts constitute 'an offence falling within two or more separate definitions ......... the person accused of them may be charged with and tried at one trial for each of such offences':section 235 (2).'if several acts of which one or more of them would by itself or ..... whether one hurt was caused or more than one, the separate sentences were held to be valid and section 71 was held to be inapplicable.13. in -- 'dharam deo singh v. emperor', air 1916 all 49 (t) walsh, j. upheld separate sentences under sections 147 and 325 read with 149 when more than one injury was caused and the aggregate sentence was of ..... six months. the learned judge expressed dissent from -- 'queen empress v. ram partab', (j) because it failed to give effect to the whole meaning' of section 71 and thought that ..... -- 'kanchan molla v. emperor : air1925cal1015 . see also -- 'batesar singh v. emperor', a. i. r. 1932 pat 335(21).17. section 1 of the american narcotic act creates the offence of selling any forbidden drug except in or from the original stamped package, and section 2 creates the offence of selling any forbidden drug not in pursuance of a written order of the person to .....Tag this Judgment!
Court : Chennai
Decided on : May-12-1953
Reported in : AIR1954Mad369; 23CompCas351(Mad); (1953)IILLJ1Mad; (1953)IIMLJ630
..... of the provisions of section 18 of the industrial disputes act, act xiv of 1947. as the argument turned upon the said section, it will be convenient to read it. it reads:"section 18: a settlement arrived at in the course of conciliation proceedings under this act or an award which is declared by the appropriate government to be binding under sub-section (2) of section 15 shall be ..... become due to appoint a receiver of the income of the mortgaged property, or of any part thereof. under section 24 he cannot appoint a receiver unless he has become entitled to exercise the power of sale conferred by the act. section 24(2) which is the important clause reads as follows:"the receiver shall be deemed to be the agent of the mortgagor ..... ; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage deed otherwise provides."7. section 19 was amended by the conveyancing act of 1911, sec. 4 and section 24 by section 19.8. in ..... only be done fully and effectively in the presence of the receiver, and (2) if the receiver is not on record the workers would not be able to enforce the award against him without further proceedings. it expressed the view that section 18(b) of the industrial disputes act gave it power to make him a party to the proceedings.3. the aforesaid .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-29-1953
Reported in : AIR1959MP208
..... official purposes as may be specified in the notification.'the notification which is challenged was issued by the state government under sub-section (2) of section 3 of the act and also under section 558 of the code of criminal procedure, 1898, and section 137(2) of the code of civil procedure, 1908, which are reproduced below:'553. the state government may determine what, for the purposes ..... the constitution, inasmuch as it makes a distinction between the high court and the board of revenue on the one hand and the inferior courts on the other, between the medical and expert witnesses and other witnesses and between one language and another as the official languages of the courts. reliance was placed, in this connection, on qasim razvi v. state ..... 5. such matters of statistical data or technical matter as the state government may by order specify from time to time.6. medical prescriptions, post-mortem reports, reports in medico-legal cases and any other technical matter in the medical department as the state government may, by order, specify from time to time.'it will be observed that the notification does not ..... in madhya pradesh:provided that -- (a) the recording of charge against an accused;(b) the charge to the jury;(c) depositions of medical and other expert witnesses; and(d) judgments and orders; may be in english. (3) * * * * *schedule ii. all correspondence with the central government or any of their departments and any other state with which there is no agreement under article .....Tag this Judgment!
Court : Chennai
Decided on : Sep-09-1953
Reported in : AIR1955Mad214; 1955CriLJ691
..... , and, 'that the accused had in respect of these twoitems of charge committed the offence of criminal misconduct as defined in section 5(1) (a) of act ii of 1947 punishable under sub-section (2) of that section.' he therefore convicted hint under the above section and sentenced him to suffer rigorous imprisonment for a period of three years. 8. the accused appealed to the sessions judge ..... moneys worth by corrupt or illegal means or by otherwise abusing his official position. 16. certain things will be noticed about the definition incorporated in section 5(1). the first is that while clauses (c) and (d) make particular and individual acts punishable, clauses. (a) and (b) require that the conduct charged against the accused should be habitual, the second is that instances ..... was at the end of the period covered by the charge and by giving a full and proper account of the source or his resources during the period. natifrally some definiteness and precision will be expected in respect of this explanation. it will also be open to him to show that the evidence adduced by the prosecution is untrustworthy or insufficient ..... appeal and acquitted the accused. 10. the state now seeks to canvass the correctness of this order of acquittal. 11. central act ii of 1947 is relatively speaking a new enactment and the case-law on it has not crystallised into any definite pattern. the arguments before me, therefore, covered a wide range of ground, but, i think i am right in saying .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-18-1953
Reported in : AIR1953SC370; (1953)IIMLJ252(SC); 4SCR894
..... , section 7 of the agriculturists' relief act expressly lays down that 'all debts payable by an agriculturist at ..... 6 was not an agriculturist within the meaning of the agriculturists' relief act and although he was possessed of agricultural lands and hence prima facie came within the definition of an 'agriculturist' as given in section 2(ii) of the act, he was excluded from the definition by the operation of proviso (d) attached to the sub-section. 13. so far as the first ground is concerned ..... the commencement of this act, shall be scaled down in accordance with ..... which peishkush exceeding rs. 500 was payable. consequently, he became 'land-holder of an estate' under the madras estates land act and could not claim to be an agriculturist as laid down in the proviso (d) to section 2(ii) of the act. mr. somayya lays stress upon the fact that this purchase on the part of his client was merely as a benamider .....Tag this Judgment!
Court : Orissa
Decided on : Feb-11-1953
Reported in : AIR1953Ori258; 19(1953)CLT281
..... the same person, he may he charged with and tried at one trial for every such offence. sub-section (2) of section 235 says that if the acts alleged constitute an offence falling within two or more separate definitions the person accused of them may be charged with and tried at one trial for each such offence ..... however, that in that case there was no charge of cheating in respect of a gross sum, as indeed there could not be one. sub-section (2) of section 222 provides for the framing of a charge for a gross sum only in cases of criminal breach of trust or misappropriation of money. this case ..... however, that in that case there was no charge of cheating in respect of a gross sum, as indeed there could not be one. sub-section (2) of section 222 provides for the framing of a charge for a gross sum only in cases of criminal breach of trust or misappropriation of money. this case ..... one trial for all the three offences.in cases of criminal breach of trust, or dishonest misappropriation of money the position is made simpler by section 222, sub-section (2) of which says that it shall be sufficient to specify the gross sum in respect of which the offence is committed, without specifying the ..... very comprehensive provisions of the code. the distinction drawn in many of the cases in india between an illegality and an irregularity 'is one of degree rather than of kind.'in the light of these observations, i have carefully examined the facts of the present case and given my anxious consideration to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-09-1953
Reported in : AIR1954P& H33
..... all along been 'abad' and known by the said very previous name.'9. the sandhanwalia sardars lehna singh & his brothers were collaterals of maharaja ranjit singh in the fifth degree. 'chiefs and families of note in the punjab' by sir lepel grirfin shows that this family in the time of the maharaja attained a position of honour and respect. s ..... office of vuzeer; but he was all powerful for the moment; the sindhanwala possessions were confiscated, and their dwelling razed to the ground.'13. in latifs history of the punjab, 1916 edition, at page 416 tqe statement is as follows: 'the possessions and 'jagirs' of the sindhan-walas in raja sansi and elsewhere were confiscated, and tneir houses razed to ..... of some portions of the property in dispute from the collaterals and defendants 12 and 13 were the sons of dhanraj singh, a son of baldev kaur. on 9-2-1948 defendants 12 and 13 applied to be transposed as plaintiffs and this was allowed.4. the defence was that the property was ancestral and the collaterals were therefore ..... son of the widows s. narindar singh | | | s. pritam singh s. sarop singh sardarni asil kaur=s. gurbachan singh |___________________________ ________________|_________________ | | baldev kaur (daughter) karam kaur (daughter)(plaintiff 2) ____________|___________ | | rajwant singh (plaintiff 1) dhanraj singh ___________________|____________________ | | prithraj singh (defendant 12) bawishraj singh (defendant 13)3. on 16-8-1944 the plaintiffs brought a suit for possession .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Jun-29-1953
Reported in : AIR1954HP11
..... and if death ensues, he is guilty of murder, notwithstanding that his intention may not have been to cause death. see para 4 of the definition of murder in section 300 penal code -- 'emperor v. gauri shankar', air 1918 all 283 (j). there could also be no question of accidental poisoning in this ..... aconite found in the stomach contents of the deceased was of a fatal variety. he referred to the fact, mentioned in almost all the books on medical jurisprudence and toxicology, that a root of aconite is often used both externally and internally by 'vaids' and 'hakims' in this country, and that ..... had been made before the murder, and sundar singh was not near his death when he made the statement, but the application of the aforesaid provision of section 32, evidence act is not subject to these limitations. -- 'pakala narayana swami v.emperor', air 1939 pc 47 (h). mst. karam, patti's statement was therefore ..... 's house. about a couple of hours after his return from findal's house sundar singh expired the same night. bahadur singh lambardar (p. w. 2) was sent for from another village, and he arrived the following morning, i.e. on the morning of 19-3-1952. after making enquiries from ..... the appellant for abetment of the offence, because in his opinion the prosecution had failed to prove conclusively that she had supplied aconite to the appellant.2. the facts of the prosecution case are briefly as follows: the deceased and his elder brother mohar singh lived together in village gharshial, tehsil rohru .....Tag this Judgment!