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 : 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 : 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 : 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!
Court : Karnataka
Decided on : Mar-22-1963
Reported in : AIR1964Kant117; AIR1964Mys117; ILR1963KAR691; (1963)2MysLJ421
..... the reversal or variation of a decreeor order under which one of the parties had obtained some benefit.9. a decree as defined in section 2(2) of the code of civil procedure as a formal expression of an adjudication which conclusively determines the rights of parties in regard to all ..... separate suit to obtain restitution on the variation or reversal of a decree. the legislature has given effect to this view by enacting sub-section (2) of section 144 which provides that'no suit shall be instituted for the purpose of obtaining any restitution or of her relief which would be obtained ..... order passed, under section 144 is not an order in execution under section 47 of the code for the purpose of the court fee act and that ad valorem court-fee should be paid on the memorandum of appeal as such order amounts to a decree within the meaning of section 2(2) of the code ..... determined by a court executing 3 decree,'while section 144 had been included in a separate ..... had drawn clear distinction between an order passed under section 47 for the execution of a decree and an order passed under section 144 mr restitution by including them distinctly under the definition of 'decree' and referred also to the fact that section 47 had been included under the heading'questions to be .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-22-1963
Reported in : AIR1964Kant124; AIR1964Mys124; (1963)2MysLJ75
..... this deed of release this 30th day of june 1957 in the presence of the witnesses attesting hereunder:'' 2. the relevant provisions of the act which have a bearing on the question under consideration are given below.3. section 2(9) reads as follows: 'conveyance' includes a conveyance on sale and every instrument by which property ..... by schedule i-a., as the case may be): . article 18 of schedule i-a gives the stamp duty leviable in respect of a conveyance.4. section 2 (15) defines an instrument of partition as follows:'instrument of partition' means any instrument whereby co-owners of any property divide or agree to divide such ..... considered to be common property the transaction, is a partition, seems to apply to his case.(12) in the case reported in reference under stamp act section 46, ilr 18 mad 233 (fb), the facts as stated in the head note are as follows:'a hindu executed in favour of his father ..... he regarded as an authority for the proposition that such a document is a release deed and not an instrument of partition.11. in reference under stamp act section 46, ilr 12 mad 198 (fb), each of two persons who had originally claimed exclusive right as heirs to the property of a deceased person ..... leviable on the documents and any question of adjudication relating thereto. the provision for the statement of any case before the high court is section 57 of that act and we shall take the present references as made under that provision.as both the documents are in the same terms, one of them .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-31-1963
Reported in : AIR1965SC79; 1965CriLJ112
..... as the statements leading to it cannot be relied upon in view of the acquittal of mohinder singh in a companion case started under section 19(1)(f) of the arms act. in support of his contention, he relies upon the observations of lord macdermott in sambasivam v. public prosecutor, federation of malaya, 1950 ..... might be relevant in his defence. that it was not conclusive of his innocence on the firearm charge is plain, but it undoubtedly reduced in some degree the weight of the case against him, for at the first trial the facts proved in support of one charge were clearly relevant to the other ..... eye-witnesses whom we have already named and sham singh and kehar singh who were witnesses of the search. the prosecution also produced documents mentioned in section 173 of the criminal procedure code relative to the crime. curiously enough, some of the eye-witnesses in the committal court in examination-in-chief deposed to the ..... a result of this statement, the police recovered 1 feet below the surface of the ground a cotton bag which contained a .12 bore pistol and 2 twelve-bore cartridges one of which had misfired and bore the mark of the firing pin. at the site of the offence, the police had found ..... mohinder singh was sentenced by the court of session to death, but on appeal the high court altered the sentence to one of rigorous imprisonment for life.2. mohinder singh, who is a jat, had contracted illicit intimacy with one mst. puro a mazhbi woman who was abandoned by her husband. he used .....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 : 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 : Karnataka
Decided on : Sep-13-1963
Reported in : AIR1964Kant61; AIR1964Mys61; 1964CriLJ415; (1963)2MysLJ211
..... mohammad v. state, .in order to examine the merits of these contentions it is necessary to consider the following provisions contained in sub-section (4) of section 207-a:'the magistrate shall then proceed to take the evidence of such persons. if any, as may be produced by the prosecution as ..... to support the order of commitment passed by the learned magistrate, he seriously contended that in view of the provisions contained in sub-section (4) of section 207-a of the code of criminal procedure, it was the duty of the magistrate to have examined the prosecution witnesses mentioned in ..... a point of time and not a condition precedent. the clause means nothing more than that an order of discharge can be made under sub-section (6) after the events mentioned therein have taken place. secondly, the two clauses necessarily refer to the corresponding or appropriate situation under the ..... : 2scr890 , and subba rao, j. who spoke for the court considered the various arguments abovenamed as regards the construction of that sub-section.reference may be made to the following passage fromparagraph 8 of the judgment wherein the views thatfound favour with the rajasthan high court have beendealt with:'........ ..... sessions judge, dharwar, to stand their trial under sections 302 and 394 read with section 34 of the indian penal code. the order was passed by the judicial magistrate, first class, navalgund, under section 207-a (id) of the code of criminal procedure.2. the story of the prosecution is that one .....Tag this Judgment!