Court : Supreme Court of India
Decided on : Oct-01-1963
Reported in : AIR1964SC416; 4SCR1002
..... be called 'the suppression of immoral traffic in women and girls act, 1956'. though the preamble as well as the short title shows that the act was intended to prevent immoral traffic in women and girls, the other sections of the act indicate that it was not the only purpose of the act. section 2(b) defines 'girl' to mean a female who has not completed ..... divisional magistrate, a presidency magistrate or a magistrate of the first class specially empowered by the state government, by notification in the official gazette, to exercise jurisdiction under this act. the definition shows that special jurisdiction is conferred upon a magistrate of comparatively high status who can safely be relied upon to discharge the onerous and delicate duties inherent in such jurisdiction ..... ,. the reasonableness of a restriction depends upon the values of life in a society, the circumstances obtaining at a particular point of time when the restriction is imposed, the degree and the urgency of the evil sought to be controlled and similar others. if in a particular locality the vice of prostitution is endemic degrading those who live by prostitution ..... the restrictions should be held to be unreasonable. whether deportation out of the jurisdiction of the magistrate is necessary or not depends upon the facts of each case and the degree of the demoralizing influence a particular prostitute is exercising in a particular locality. if in a particular case a magistrate goes out of the way and makes an order .....Tag this Judgment!
Court : Kerala
Decided on : Mar-29-1963
Reported in : AIR1963Ker316; (1963)IILLJ290Ker
..... an officer, in the employ of the municipal council under suspension, was challenged and that challenge, was on the basis of section 69-a (1) of the u. p. municipalities act, act 2 of 1916, which is as follows:'69-a(1). if the president has reasons, to believe that the executive officer or the secretary ..... be applied and it can be held that enquiry proceedings for purposes of imposing a penalty, can be considered to commence only from the framing of a definite charge or charges. but that certainly is not the position in the case before me,(33) mr. m. k. nambiar, learned counsel for the petitioner ..... the x-branch. after such an investigation, the state government may or may not think it necessary to ask the petitioner to face an enquiry by framing definite charge or charges. therefore, till the stage of framing of a charge has been reached, the learned counsel urged, that no action cart be taken ..... to take such an action is beyond controversy. therefore, it is not necessary for me to consider in detail the definition of the expression 'government' in rule 2 (b). clause (c) of rule 2 again defines the expression 'member of the service' as a member of the indian administrative service or a member of ..... the expression 'charge' occurring in rule 7 (1). that is, in short, according to the learned counsel, unless a definite charge or charges have been framed, as is pontemplated under sub-rule (2) of rule 5, for the purpose of imposing penalty against an officer, no action can be taken by way of .....Tag this Judgment!
Court : Chennai
Decided on : Aug-16-1963
Reported in : AIR1964Mad242; (1964)ILLJ207Mad
..... v. rajagopalan, : (1963)iillj89sc their lordships of the supreme court after exhaustively dealing with the scope of the section held, that sub-section (2) of section 33-c was wider in scope than sub-section 1. it must also be remembered that the claim under the arbitration award in the instant case relates to the ..... of the constitution to quash the order of the labour court failed before veeraswami j. the learned judge held that sub-section 2 of section 33-c should be read conformably to sub-section 1 and that neither of them could refer to claims of the nature specified as an arbitration award. hence the ..... up for work on the compensatory working day. this claim was sought to be enforced by the worker in an application under section 33-c(2) of the industrial disputes act, before the labour court, madras. the jurisdiction of that court to decide the claim was contested by the management on the ..... terms and conditions of employment and' not extraneous thereto. such a claim will undoubtedly be comprehended by section 33-c(2). the only argument against the maintainability before the labour court of the claim for good attendance bonus was that the appellant had another remedy ..... 50 np. per month for perfect attendance. in the computation of such bonus absence for one day would be condoned if it was occasioned by medical leave or leave on the occasion of the death or other connected ceremonies of a relative.3. according to the management in october 1958 at .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-02-1963
Reported in : AIR1964SC234; (1964)66BOMLR382; 1964MhLJ105(SC); 3SCR520
..... from which the insolvent will not be released on an order of discharge. sub-section (2) then provides that 'save as otherwise provided by sub-section (1), an order of discharge shall release the insolvent from all debts provable under this act'. stress is laid on behalf of the respondents on this provision and it is ..... still go on after discharge has been ordered. this argument, in our opinion, is not quite correct, for clause (a) to s. 42(1) definitely requires the court to consider whether the assets are of a value equal to eight annas in the rupee on the amount of his unsecured liabilities, and this ..... also has to fix a time therein within which the debtor shall apply for his discharge. 11. section 28 with which we are mainly concerned lays down the effect of an order of adjudication. sub-section (2) thereof provides that on the making of an order of adjudication, the whole of the property of ..... left unadministered usually when an order of discharge comes to be passed. it is however urged on behalf of the respondents that there is nothing in sections 41 and 42 to suggest that a discharge can only be granted after a final dividend is declared and therefore there may be cases where administration ..... may be declared even if some property has not been disposed of when in the opinion of the court it will needlessly protract the receivership. section 67 then finally provides that if any surplus is left in the hands of the receiver after payment in full to the creditors with interest and .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-03-1963
Reported in : (1964)GLR229
..... . in our judgment, this would be not interpreting clause (c), but entering into the realm of legislation. we do not find any such justification in clause (4) of sec.195 or the definition of the word 'offence' as the full bench found for extending the ambit of clause (c) aforesaid. in our judgment, the mere fact that one distinct offence happens to ..... bar and there is nothing in that particular clause which indicates that the bar would be removed the moment the proceedings terminate. though the learned judge has not expressed himself definitely as to the second object which he has mentioned in the last part of the above-quoted passage, in our judgment, there is considerable force in the view that one ..... court. in our judgment, the object which mr.vidhyarthi has propounded as the legislative object, cannot be accepted as the object which the legislature had to mind.(17) in air 1916 all 299, bhawani das v. emperor in which a division bench of the allahabad high court was called upon to construe the expression 'offence committed by a party' as used ..... in the proceedings. this document is a contract of sale by which respondent no. 2 agreed to sell survey no. 205 to respondent no. 3. this document was produced before the agricultural lands tribunal, navsari, in a proceedings under section 32g of the bombay tenancy and agricultural lands act, 1948. that proceedings terminated sometime thereafter. on 20th of june 1961, one dahyabhai haribhai .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-06-1963
Reported in : AIR1964AP248; 1964CriLJ634
..... . in har prasad v. emperor, air 1947 all 139 the commissioner of agra division heard a petition exercising powers regarding election under section 24(1) of the u. p. municipalities act, 1916. he also framed a complaint purporting to be under section 476, cri p. c. against har prasad of offences relating to fabrication of false evidence etc. the district magistrate, aligarh took the ..... parties, though ahey alone can take action against parties, it would not be proper to read such an intention into the act especially as it gives rise to such inconvenient consequences. i am unable to discover anything in the act definitely forbidding the presiding officer of a court to make a complaint about an offence committed in connection with a document produced an ..... law for any reason, and if it has not been cancelled or with drawn in appeal or revision as provided by law (for example, under section 476b) even then, it comes, before the magistrate at stage ii. the magistrate need not dismiss it on the sale ground that it cannot be entertained in law as a complaint by court. it is open ..... as follows: 'complaint with enclosures and covering letter is sent to additional munsif magistrate, warangal... complaint is preferred against plaintiff as a-l and against both the attestors as a-2 and a-3 and despatched to additional munsif-magistrate.' in accordance with that order he preferred a complaint and sent it to the additional munsif-magistrate, warangal. the latter took .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-29-1963
Reported in : AIR1964All562
..... deals with the local limits of the jurisdiction of the civil courts, and indeed sub-section (1) expressly empowers the state government to determine 'the local limits of the jurisdiction of any civil court under this act'. when sub-sections (2) and (3) of the same section speak of the local jurisdiction assigned to munsifs and civil judges, they in fact refer to the jurisdiction ..... of the civil courts over which they preside. sections 14, 15, 16 and 17 are provisions which plainly refer to courts. when ..... court from their decision when hearing the appeal they exercised jurisdiction of the supreme court and not as an independent and supervisory authority over the board. evatt j referred to medical board of victoria v. meyer. 56 clr 62 which deserts the theory that while a jurisdiction is conferred upon 'a judge of the supreme court' it is distinguishable from that ..... and jurisdiction conferred upon an existing court reference may be made to r v. southampton licensing justices, (1906) 1 kb 446, and colchester brewing co ltd. v. tendring licensing justices, (1916) 2 kb 126. swinfen eday l. j. observed in the latter case at page 131:'where a new jurisdiction is given to a court, prima facie that court is to exercise .....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 : Mar-04-1963
Reported in : AIR1963SC1882; 2SCR211
..... well as of sub-s.(3) were referred to in the argument before us along with the provisions ofsub-s. (2). section 10 of the act reads thus : '(1) save as provided insub-section (2), no trade mark shall be registered in respect of any goods ordescription of goods which is indentical with a trade mark ..... on the point and then observed : 'the question of volume of use is always a relevantquestion in considering 'honest concurrent use' under section 10(2) of the act.it depends on the facts of each case. there is no express statutory emphasisthat the use should be large and substantial. kerly at page ..... anotherproprietor would be prohibited where a mark is already on the register as beingthe property of another proprietor. 9. the provisions of sections 8 and 10 of the act are enabling provisions in thesense that it is not obligatory upon a proprietor of a mark to apply for itsregistration so as to ..... to the goods being of a different description. in other cases wherean opponent is registered but might be unable to prove a reputation for it byuse, section 12(1) is more effective in securing refusal of an application thansection 11, e.g., huxley's application (1924) 41 r.p.c. 123 ..... any likelihood of confusion or deception here because the respondent'sgoods are confined to contraceptives for use by women which can only be usedwith medical assistance while the appellant's contraceptives are essentiallyfor men. upon this view we uphold the order of the high court and dismiss theappeal with costs. .....Tag this Judgment!