Court : Kolkata
Decided on : Jan-22-1963
Reported in : AIR1963Cal554,67CWN387
..... registration act and is, therefore, a company within the definition of 'company' in section 3(e) of the land acquisition act. acquisition of land for companies is dealt with in part vii, sections 38 to 44-b of the act. section 39 of the act provides that the provisions of the land acquisition act shall ..... and nawab ali molla are annexed hereto and marked annexures x(1) and x(2) respectively.on 17-11-1961 -- the date fixed for enquiry and hearing under section 5-a of the l. a. act -- i reached locality just before the time mentioned in the notice. after reaching ..... the purpose expressed in the memorandum of association; and its headquarters as well as the registered office is at belur math, district howrah.''2. (a) all followers whether lay or monastic of the paramahamsa ramkishna may be members of the association if elected at a meeting of ..... deducting the expenses incurred in connection with the said taking of possession and with such sale shall pay the proceeds to the society.(ii) should the said government decide not to sell the land and buildings, the said government shall retain the said land and buildings ..... act.19. in my opinion, the materials on record do not support this contention of mr. dutt. from the affidavit-in-opposition affirmed by swami vireswarananda, general secretary of the mission, it appears that on the plot of land at narendrapur, measuring about 129 acres, the mission has established (i) a residential degree college with hostel building and staff quarters etc., (ii .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-04-1963
Reported in : AIR1964Cal399,68CWN84,53ITR717(Cal)
..... that the order passed under sub-section (2) will be judicial or quasi-judicial simply because the assessee may by an application ask the commissioner to revise an order passed by his subordinate. even under the old section 33 a practice grew up under which the commissioner was invited to act under that section and where this occurred, a certain degree of formality had to be ..... the bottom of the distinction, we must go a little deeper into the content of the expression 'duty to act judicially'. as has been repeated so often, the question may arise in widely different circustances and a precise, clear-cut or exhaustive definition of the expression is not possible. but in decisions dealing with the question several tests have been laid down ..... , for example- (i) whether is a lis inter partes; (ii) whether there is a claim (or the proposition and an opposition); (iii) whether the decision is ..... by s. k. das, j. are clearly not applicable to a decision to be made by the commissioner under sub-section (2) of section 33a of the indian income-tax act. in our opinion the commissioner under sub-section (2) of section 33a of the income-tax act is only to consider the question of policy and expediency and at no stage has before him any form of .....Tag this Judgment!
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 : Karnataka
Decided on : Jun-06-1963
Reported in : AIR1964Kant250; AIR1964Mys250; (1963)2MysLJ1
..... exercise is not forbidden by the statute creating it, was more fully stated in the king v. the board of appeal under section 50 of the commonwealth public service act 1902-1915; (1916) 22 com-w. lr 183. the question which the high court of australia had to consider in that casewas whether in ..... meaning in order that no inroads, or as few as-possible may be made in the system of common law rules, but only for its definitions we are to draw from that great fountain, and that in judging what it means, we are to keep in mind that it is not ..... him in perplexity which in experience senders insurmountable, and that there is a solitary perjurer and not a regular army of them, can in no degree contribute to the simplification of the cross-examination which in both cases to be effective, has to be equally dexterous. the exposition of an intricate ..... is pressed by a prosecuting inspector experienced in the conduct of prosecutions before a criminal court or by a police inspector who normally has some degree of familiarity with that technique, it would be futile for the impeached civil servant to seek the disciplinary authority's permission to engage another police ..... for his illness only from another engineer or on a member of the medical profession getting his engineering difficulties solved only by another member of the medical profession. the consequence in each case would be equally unfortunate.39. now, if article 311(2) throws a, cloak of protection round the civil servant, the opportunity .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-22-1963
Reported in : AIR1964AP152
..... the meaning of the expression 'final order' for the purpose of clause (5) of article 182 of the indian limitation act. the word 'order' has been defined in section 2, sub-section (14) of the code of civil procedure as meaning the formal expression of any decision of a civil court which is ..... bench of the madras high court decided that an application for execution of a decree which does not comply in every particular with the requirements of section 235 of the code of civil procedure, and which, having been returned to the judgment creditor for amendment, has not been proceeded with, may ..... not a decree. the code of civil procedure and the indian limitation act being enactments in pari materia the word 'order' in the indian limitation act must ..... still suffice under clause (4), of article 179 of schedule ii of the limitation act, to keep the decree alive. this case is the leading case in regard to the question which falls for my consideration. this case ..... subbiah, air 1915 mad 1204 (1), mootha v. sankunni nair, air 1916 mad 510, narayanaswami naidu garu v. krovidi gantayya, air 1916 mad 958 (1), rajam aiyer v. anantaratnam aiyar, air 1916 mad 058 (2), narayanaswami naidu garu v. muthyala venkataratnam, air 1916 mad 1155 (3), kamatchi ammal v. pichi iyer, air 1917 mad 836 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-20-1963
Reported in : AIR1964SC1099; 6SCR129
..... , and it is contended that the order under s. 98 of the act does not fall under any of the said three ..... ) of s. 2 of the code of civil procedure, respectively ..... of s. 12(2) or judgment within the meaning of s. 12(3) of the limitation act and the order under s. 98 of the act is neither a decree nor an order or a judgment within the meaning of the said sub-sections of s. 12 the limitation act. reference is made to the definitions of decree, judgment and order in sub-sections (2), (9) and (14 ..... expressions as defined therein. under sub-s (9) of s. 2 of the code .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-24-1963
Reported in : AIR1963MP344; 1963MPLJ542
..... an order of remand passed by a high court, the bar of sub-section (2) of section 105 shall also not be applicable to the high court when considering an appeal against the judgment and decree of a single judge under clause (10) ..... in the cases of other interlocutory orders. it was further held that so far as the supreme court was concerned, the bar created by the aforesaid sub-section (2) did not apply because no appeal lay to the supreme court against an order of remand. on a parity of reasoning, as no appeal lies against ..... or, even though an appeal lay, an appeal was not taken could be challenged in appeal from the final decree or order; but because of sub-section (2) as regards orders of remand, if an appeal lay and still the appeal was not taken, the correctness of the order of remand could not later ..... a mortgagor or a mortgagee, an appeal was pending against its dismissal in the high court, when the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (act no. i of 1951) came into force. consequently, when the second appeal, no. 499 of 1947, was decided by b.p. sinha, c. j. (as ..... of the principle of res judicata which, as pointed out by the privy council in sheoparsan singh v. ramnandan singh, 43 ind app 91 : (air 1916 pc 78), should be influenced by no technical considerations of form but by matter of substance within the limits allowed by law. it is well settled that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-15-1963
Reported in : AIR1964SC669; 5SCR387
..... consideration of these submissions it would be necessary to advert to and read certain of the provisions of the act which have a bearing on the matter in controversy. section 2 contains the definitions of the terms used in the act and it enacts : '2. definitions. - in this act, unless the context otherwise requires. - . . . . . . (6) 'debt' means any pecuniary liability, whether payable presently or in future, or under ..... partially, in any area now forming part of west pakistan and is declared to be a displaced bank within the meaning of this act by the central government by notification in the official gazette;' 10. sub-section (8) contains the definition of 'displaced creditor' which it states means : '(8).'displaced creditor' means a displaced person to whom a debt is due from any ..... of debts. - (1) where, on the application of a displaced debtor under section 5 or sub-section (2) of section 11, the tribunal has determined the amount due in respect of each debt in accordance with the provisions of this act, it shall proceed to determine the paying capacity of the debtor. (2) if the paying capacity of the debtor is equal to or exceeds the ..... appellant in brief is two fold : (1) that what is claimed in the applications filed against the state is not 'a debt' within the definition of the term in the act to be presently referred to and (2) that even if it be held that the sum claimed is a 'debt' the same is not being claimed from a person of whom it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-14-1963
Reported in : AIR1964SC732; [1963(7)FLR351]; (1963)IILLJ657SC; 4SCR403
..... not appear before the labour court on the date on which it decided the matter, on the ground that he was ill. he had submitted a medical certificate in that connection. the labour court however decided to proceed with the matter and dismissed the application on the ground that it was not maintainable. ..... explanation was taken into account and thereafter the bank decided to discharge him. so on december 27, 1961, the bank applied under s. 33(2)(b) of the industrial disputes act, no. 14 of 1947, for approval of the action proposed to be taken against the respondent. it may be added that after this application ..... enquiry proceedings, copies of which were filed with the application; and all that the tribunal has to see when dealing with an application under s. 33(2)(b) is whether the employer had conducted the enquiry properly and whether the action taken or proposed to be taken was bona fide and not due ..... making an application under s. 33(2)(b) for approval of the proposed action before the actual action is taken. such a course on the part of the employer would, if anything, ..... employer must make the application for approval after he had taken the action of which the approval was sought. but there is nothing in s. 33(2)(b) which requires that an application for approval can only be made after the action had been taken. we see nothing in principle against the employer .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-23-1963
Reported in : AIR1963SC1850; 3SCR297
..... that it is subject to the limitation of s. 234(1). sub-section (2) of s. 235 deals with a case where an offence falls within two definitions and sub-s. (3) deals with a case in which a number of acts are alleged against an accused person, different combinations of which may constitute different ..... the question as to what weight should be attached to his evidence. mr. chari then referred to s. 133 of the evidence act and pointed out that this section clearly makes an accomplice evidence admissible in a case and that an approver whose pardon is found to be invalid does not cease to ..... that there has been a misjoinder of charges in violation of the provisions of sections 233 to 239 of the code, the high court was incompetent to set aside the conviction of the respondents without coming to the definite conclusion that misjoinder had occasioned failure of justice. this decision completely meets the argument ..... code of criminal procedure and the second reason is that the pardon was granted by an authority not empowered to grant it. section 337(1) as it stood before its amendment by act 26 of 1955 read thus : 'in the case of any offence triable exclusively by the high court or court of session ..... of conspiracy. criminal conspiracy as defined in s. 120-a and consists of an agreement to do an illegal act or an agreement to do an act which is not illegal by illegal means. section 120b provides that whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment .....Tag this Judgment!