What weight is to be attached to in admission made by a party is a matter different from its use as admissible evidence. failed to record their willingness, the respondent issued a notice discharging their services. 475 of 1962 filed by the Railway is dimissed. It may be gathered from the cumulative effect of the nature of the rights affected, the manner of the disposal provided, the objective criterion to be adopted, the phraseology used, the nature of the power conferred or Property Advocate in High Court the duty imposed on the authority and other indicia afforded by the statute.
72(1) of the Act, the order dated April 18, 1963, reviewing the said order was invalid inasmuch as the prerequisite for the exercise of the power of review thereunder, namely, the existence of a mistake of fact or law or the ignorance of any material fact, was not satisfied. If the statute expressly imposes a duty on the administrative body to act judicially, it is a clear case of a judicial act. The purpose of contradicting the witness under s. Property Advocate in High Court Chandigarh this connection our attention is drawn to S.
The workers of the respondent started a go-slow Property Advocate in Chandigarh its sugar factory. The respondent held no enquiry as required by the Standing Orders before dispensing with the, services of the appellants. Sardarni Vidyawati(2). 145 of the Evidence Act is very much different from the purpose of proving the admission. (3) The order dated April 18, 1963, was also invalid, because it was made without giving an opportunity to the party prejudiced thereby of making a representation against the making of the said order.
474 of 1962 filed by the Bank is allowed; and Civil Appeal No. In appeal by Special Leave the appellant contended that (i) all that the Tribunal was concerned with was to decide whether the discharge of the workmen for not giving an undertaking was justified or not, and that it was no part of the duty of the Tribunal to decide whether there was go-slow which would justify the order of discharge; (ii) Since the respondent held no enquiry as required by the Standing Orders, it could not justify the discharge before the Tribunal and (iii) the finding of the Tribunal that go-slow, had been proved was perverse and the Tribunal had ignored relevant evidence in coming to the conclusion.
Ghanshyam Das Gupta(1), and the order of the Revenue Board made Property Lawyers in Chandigarh india a revision petition against the order of the Deputy Commissioner impounding the document without hearing the aggrieved party in The Board of Revenue, U. Therefore, the respondent issued a general notice to those workmen and individually to each workman notifying that unless he recorded his willingness to discharge his duties faithfully and diligently so as to give a certain minimum output, he will be no longer employed; and that he must record his willingness in the office by a certain time, failing which he shall stand discharged from the service of the respondent without any further notice.
A general strike followed resulting in a joint application by both the parties to the Government and the Government referred the question to the Tribunal, whether the discharge of the workmen was justified. In the result, Civil Appeal No. In short, a duty to act judicially may arise in widely different circumstances and it is not possible or advisable to lay down a hard and fast rule or an inflexible rule of guidance. Because the appellants, who were 119 of such workmen.
543 Committee cancelling the examination results on the ground that it did not give opportunity to the examinees to be heard before the order was made in Board of High Court Property Lawyer High School and Intermediate Education, U. Admission is substantive evidence of the fact admitted while a previous statement used to contradict a witness does not become substantive evidence and merely serves the purpose of throwing doubt on the veracity of the witness. In all these cases the Government, the Examination Committee and the Board of Revenue were administrative bodies, but the acts impugned were quasi- judicial ones, for they had a duty to act judicially Property Lawyers in Chandigarh regard thereto.
6 (4) of the Act, which lays down that during the continuance in force of the Act, the Motor Vehicles Act, 1939, shall have effect subject to certain provisions specified in cls. But the duty to act judicially may not be expressly conferred but may be inferred from the provisions of the statute. 62 of the Act and, therefore, the said order could not be reviewed under s. (2) Assuming that the said order dated March 7, 1962, was made under s.
No other question was raised. The plaintiff’s suit is decreed with costs throughout. The Tribunal came to the conclusion that there was go-slow during the period, and consequently held that the discharge of the workmen was fully justified. The law on the subject may be briefly stated thus: The provisions of a statute may enjoin on an administrative authority to act administratively or judicially. 1 agreed to accept as conclusive proof of the correctness of any sum claimed to be due from it to the bank a statement of account made out from the books of the Bank and signed by the Accountant or other duly authorised officer [1912] 1 ch.
Desai, learned counsel for the appellant, raised before us the following points : (1) The order of the Government cancelling the resolution dated May 29, 1961, was made under s.