Court : Chennai
Decided on : Jul-01-1966
Reported in : (1967)2MLJ1
..... '. to explain this, it is necessary to state that the lahore full bench case was one where a mofussil court at wazirabad in the state of punjab trying a suit, held that it had no jurisdiction to hear the suit and that the suit could only be instituted in madras. on that ground it ..... suit is a judgment within the meaning of clause 15 and is therefore appealable. in this case the bench lays particular emphasis that according to tuljaram row's case (1911) 21 m.l.t. 1 : i.l.r. (1912) mad. 1 , the order need not necessarily be in the suit, but may be an ..... 142):the cases which bear upon the competence of an appeal under clause 15 of the letters patent from a decision under section 5 of the limitation act admitting an appeal after the period of limitation prescribed require, in my opinion, to be separated from cases which proceed upon the footing that the decision ..... adequacy of the court-fee paid by the plaintiff the defendant may feel aggrieved, it is difficult to appreciate.that was a case where the high court acting under section 115, civil procedure code, interfered with the order passed by a subordinate court about the quantum of court-fee and remitted the matter for further enquiry. ..... way or the other, upon analogous situations. thus, in brojo gopal v. amar chandra : air1929cal214 , an order excusing delay under section 5 of the limitation act and permitting the filing of an appeal was held not to be a 'judgment'. an order allowing an application to restore a suit to file under order 9, .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-1966
Reported in : 1967CriLJ1295
..... the ground that the book manual of planers showed that the commissioner had authorised the head clerk, central office, to certify copies of the municipal records as true copies for purposes of producing them as evidence in courts of law.but this apart, the learned additional sessions judge also ..... of' all those who are concerned with the enforcement of this law. on a number to occasions, similar views have been expressed by the punjab high court buth in delhi and m chandigarh against this evil. it is hoped that law relating to prevention of food adulteration would be enforced ..... could nto be described as independent persons. reliance for the submission that they must be independent persons is placed on a bench decision of the punjab high court in state v. sadhu singh . the facts of the reported case were, however, materially different and the true ratio of that ..... it is submitted that exhibit p. h., a copy of the resolution authorising the assistant municipal prosecutor under section 20 of the prevention of food adulteration act to institute and conduct prosecution under the said act has nto been attested by the legal keeper of records as required by section 78(5) ..... were nto independent persons and, thereforee, the proceedings are vitiated. for this submission, reliance is placed on section 10(7) of the prevention of food adulteration act. this provision, before its amendment in 1964, was in the following terms:10. powers of food inspectors - * * ****(7) where the food inspector takes .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-20-1966
..... otherwise qualified by law to vote at any election by the people in any state, territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude ..... danville, 357 f.2d 756 (c.a.4th cir.). see note 4 supra. [ footnote 10 ] see rev.stat. 641 (1874); judicial code of 1911, c. 231, 31, 36 stat. 1096; 28 u.s.c. 74 (1926 ed.); 28 u.s.c. 1443(1952 ed.). although the 1948 ..... to enable the said commissioners to execute their duties faithfully and efficiently, in conformity with the constitution of the united states and the requirements of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing, under their hands, any one or more suitable persons ..... which granted removal to "any . . . person" who was denied or could not enforce in the courts of the state his rights under 1 of the 1866 act. the dichotomy between "officer . . . or other person" and "any . . . person" in these correlative removal provisions persisted through successive statutory revisions until ..... their contention is that the various federal constitutional and statutory provisions invoked in their removal petitions conferred "color of authority" upon them to perform the acts for which they page 384 u. s. 815 are being prosecuted by the state. we reject this argument because we have concluded that the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-22-1966
..... law by carrier; reparation; investigation." "any person, firm, corporation, company, or association, or any mercantile, agricultural, or manufacturing society or other organization, or any body politic or municipal organization, or any common carrier complaining of anything done or omitted to be done by any common carrier subject to the provisions of this chapter in contravention of the provisions ..... (d.c.d.del.1935), appeal dismissed, 87 f.2d 605 (c.a.3d cir. 1937); contra, southern r. co. v. united states, 193 f. 664 (commerce ct. 1911). and decisions sustaining direct review of reparation orders have stressed the absence of alternative means for obtaining review -- in equity terms, inadequacy of remedies at law. see supra at pp ..... carriers to substantial monetary penalties. the legislative history permits absolutely no inference that congress intended to undercut the shipper's remedies in the enforcement action. to the contrary, the hepburn act simplified those enforcement procedures so as to provide additional assistance to shippers. h.r.rep.no.591, 59th cong., 1st sess., p. 5; 40 cong.rec. 2256 ..... a common carrier by rail may challenge an order of the interstate commerce commission awarding reparations to a shipper claiming injury because of the carrier's violation of the act. a shipper, thomson phosphate company, filed a complaint with the commission alleging that certain rates charged by respondent railroads were unjust and unreasonable, and seeking reimbursement of .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-15-1966
Reported in : AIR1966Cal411,1966CriLJ883,70CWN579
..... *the residents of calcutta will now be in aposition to secure larger quantities of milk thanbefore from the owners of cows and buffaloes.people living in other municipal areas will now be able to get more milk than before from themilkmen of their respective areas.* * * *the government have considered the question of a ..... in those areas. in fact the whole or west bengal suffers from acute scarcity of milk. where as the daily per capita supply of milk in the punjab is 17 ounces, in u. p. 7 ounces (and) in behar 4 ounces, in west bengal it is even less than 3 ounces per capita ..... punish for contempt is something inherent in every court of record.' the supreme court, thereafter, discussed the continuance of this power under the different constitution acts and the constitution itself and observed: 'in any case, so far as contempt of a high court itself is concerned, as distinct from one ..... the public abstain from imputing improper motives to those taking part in administration of justice, and are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they are immune. justice is not a cloistered virtue she must be allowed to ..... forces in the country and the anti-social activities of certain persons and their professed methods to destroy the very fabric of society by committing acts which undoubtedly were offences. the agitation of the dravida kazhagham of which the petitioner is the leader and the insult offered to the national .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-07-1966
Reported in : AIR1966SC1644; 36CompCas468(SC); 3SCR500
..... /450 feet away. even on july 15, 1950 the distance between these houses and the river was 250 feet (q. 179). surendranath bhattacharjee (p.w. 2), overseer and inspector, dhulian municipality stated that the erosion started four or five days after rathajatra which took place on or about june 20, 1950. bijoy kumar (p.w. 4), retired superintending engineer is an ..... between march 20, 1947 and march 1948 in the town of amritsar. the policy was extended to loss by riot or civil commotion. riots occurring in july 1947 in the punjab, a godown in bakarwana bazar in amritsar where insured goods were stored was looted and some goods were lost. the hartford office was informed and on august 7, 1947 they ..... so assigned whether they should be such as must satisfy a court of law, it was further observed : 'the question remains whether the clause gives the insurers the right to act upon their own judgment, or whether they are bound, if so required, to allege and prove to the satisfaction of a judge or jury, not only that a desire exists ..... proposal. acceptance may be expressed in writing or it may even be implied if the insurer accepts the premium and retains it. in the case of the assured, a positive act on his part by which he recognises or seeks to enforce the policy amounts to an affirmation of it. this position was clearly recognised by the assured himself, because he .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-13-1966
..... to the thousands of cases page 384 u. s. 500 that appear every year in the law reports. the police agencies -- all the way from municipal and state forces to the federal bureaus -- are responsible for law enforcement and public safety in this country. i am proud of their efforts, which, ..... we think, be reasonable to insist upon giving an accused person at least 24 hours to decide whether or not he should make a confession." sarwan singh v. state of punjab, 44 all india rep. 1957, sup.ct. 637, 644. [ footnote 61 ] i legislative enactments of ceylon 211 (1958). [ footnote 62 ] 10 u.s ..... with compulsion, while the confession rule may exclude statements obtained by trick or promise, and where the privilege has been nullified -- as by the english bankruptcy act -- the confession rule may still operate. [ footnote 3/7 ] additionally, there are precedents and even historical arguments that can be arrayed in favor of ..... as to facts surrounding a crime or other general questioning of citizens in the factfinding process is not affected by our holding. it is an act of page 384 u. s. 478 responsible citizenship for individuals to give whatever information they may have to aid in law enforcement. in such ..... individual more acutely aware that he is faced with a phase of the adversary system -- that he is not in the presence of persons acting solely in his interest. the circumstances surrounding in-custody interrogation can operate very quickly to overbear the will of one merely made aware of his .....Tag this Judgment!