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326 of 1953.
Original Petition under article 32 of the Constitution of India.
S.C. Isaacs (section K. Kapur, with him) for the petitioners.
H. J. Umrigar for the respondents.
January 11.
The Judgment of the Court was delivered by MUKHERJEA J.
This is an application presented by the petitioners under article 32 of the C... | A law or order which confers arbitrary and uncontrolled power upon the executive in the matter of regulating trade or business in normally available commodities must be held to be unreasonable.
Under cl.
4(3) of the Uttar Pradesh Coal Control Order, 1953, the licensing authority has been given absolute power to grant o... |
Appeal No. 64 of 1953.
Appeal by special leave from the Judgment and Decree, dated the 29th November, 1951, of the Court of the Judicial Commissioner for Himachal Pradesh at Simla in Civil Revision No. 52 of 1951.
Gopal Singh for the appellants.
section C. Isaacs (Amar Nath Chona, with him) for the respondents.
January... | The Court of the Judicial Commissioner of Himachal Pradesh exercises jurisdiction in relation to the whole of the territories of Himachal Pradesh.
The Rent Controller and the District Judge exercising juris.
diction under the East Punjab Rent Restriction Act,,1949, are certainly tribunals it not courts within the meani... |
Appeal No.100 of 1953.
Appeal by special leave from the Judgment and Order, dated the 27th November, 1952, the High Court of Judicature, Punjab, Circuit Bench at Delhi, in Civil Writ No. 65 D of 1952 arising out of the 893 Judgment and Order, dated the 11th November, 1952, of the Election Tribunal at Delhi in Election ... | Held, (i) that non compliance with the provisions of section 82 of the Representation of the People Act, 1951 (XLIII of 1951), and the omission of a proper party from the list of respondents is not fatal and the tribunal is entitled to deal with the matter in accordance with the rules of the Code of Civil Procedure whi... |
vil Appeal No. 160 of 1950.
Appeal against the judgment and Decree dated the 30th March, 1951, of the High Court of judicature at Bombay (Chagla C. J. and Tendolkar J.) in Income Tax Reference No. 34 of 1950.
C. K. Daphtary, Solicitor General for India, (Porus A. Mehta, with him) for the appellant.
R. J. Kolah for the ... | A Hindu undivided family was carrying on business in Bombay, Madras and the Mysore, being treated as a single assessee and its relevant accounting period was 10th October, 1941, to 8th November, 1942.
During this period, the Mysore branch purchased goods from the Bombay head office and the Madras branch of the value of... |
Appeals Nos. 167 and 169 of 1953.
Appeals under articles 132(1) and 133(1) (c) of the Constitution of India from the Judgment and Order, dated the 7th April, 1953, of the High Court of Judicature of Orissa at Cuttack in Original Jurisdiction Cases Nos. 65, 67 and 68 of 1952.
N. C. Chatterjee (B. Sen, K. C. Mukherjea an... | The State Government is empowered under section 3(1) to issue a notification declaring that the estate specified therein has passed to the State, but the notification must be in respect of the ' property which is defined as an estate in a. 2(g) and that estate must be held by an intermediary as defined in section 2(h).... |
CIVIL APPEALS Nos. 118 to 121 of 1952.
(Appeals under article 133 (1) (c) of the Constitution of India from the Judgment and Order dated the 10th August, 1950, of the High Court of Judicature, Punjab at Simla (Khosla and Kapur JJ.) in Civil Miscellaneous Nos. 256, 260, 261 and 262 of 1950).
Dr. Balkshi Tek Chand (T. N.... | The Punjab High Court has jurisdiction to issue a writ under article 226 of the Constitution to the Income tax Investigation Commission located in Delhi and investigating the case of the petitioner under 5 of the Taxation on Income (Investigation Commission) Act, 1947, although the petitioners were assessees within the... |
CIVIL APPEAL No. 141 of 1952.
Appeal from the Judgment and Order dated the 29th August 1950 of the High Court of Judicature at Bombay (Chagla C.J. and Gajendragadkar J.) in Appeal No. 48 of 1950 arising out of the Judgment and Decree dated the 28th June, 1950, of the said High Court (Bhagwati J.) in its Ordinary Origin... | The Sholapur Spinning and Weaving Co., Ltd., was incorporated under the Indian Companies Act, 1913, with an authorised capital of Rs. 48 lakhs divided into 1590 fully paid up ordinary shares of Rs. 1,000 each, 20 fully paid up ordinary shares of Rs. 500 each and 32,000 partly paid up cumulative preference shares of Rs.... |
ivil Appeals Nos. 4 and 6 of 1953.
Appeals under article 132(1) of the Constitution of India from the judgment and Order dated the 4th December, 1952, of the High Court of Judicature of the State of Madhya Bharat at Gwalior in Civil Miscellaneous Cases Nos.
614 of 1951 and 1 of 1952.
P.R. Das (B. Sen, with him) for the... | The decision of the Madhya Bharat High Court declaring section 4 (1) (g) and sub cls.
(iv) and (v) of cl. 4 of Schedule I of Madhya Bharat Abolition of Jagirs Act (XXVIII of 1951) as illegal and inoperative was not questioned by either of the parties.
It was however, contended that the impugned Act (XXVIII of 1951) was... |
Appeal No. 239 of 1953.
Appeal by special leave from the Order and Judgment dated the 5th September, 1953, of the Election Tribunal, Cuttack, in Election Case No. 5 of 1952.
section B. Jathar for the appellant.
section P. Sinha (R. Patnaik, with him) for the respondent.
February 4.
The Judgment of Mahajan C.J. Mukherje... | (1) The unfettered discretionary powers conferred on the Supreme Court and the High Courts by articles 136 and 226 of the Constitution respectively cannot be taken away or whittled down by the legislature and therefore section 105 of the Representation of the People Act, 1951, which provides that every order of the tri... |
Appeal No. 72 of 1952.
Appeal under articles 132 (1) and 133 (1) (b) of the Constitution of India from the Judgment and Order dated the 27th April, 1951, of the High Court of Judicature at Madras (Rajamannar C.J. and Satyanarayana Rao J.) in Civil Miscellaneous Petition No. 4697 of 1951.
M.K. Nambiyar (U. Sethumadhava ... | The Madras Electricity Supply Undertakings (Acquisition) Act (Madras Act XLIII of 1949) was beyond the legislative competency of the Madras Legislature because there was no entry in ,any of the three Lists of the Seventh Schedule of the Government of India Act, 1935, relating to compulsory acquisition of any commercial... |
: Civil Appeal No. 33 of 1953.
Appeal by special leave from the Judgment and Order dated the 16th May, 1951, of the High Court of Judicature at Patna in Miscellaneous Judicial Case No. 126 of 1950, arising out of the Order dated the 17th May, 1949, of the Income tax Appellate Tribunal, Calcutta Bench, Calcutta, in I.T.... | The fundamental idea underlying the words used in the definition of "business" in section 2(4) of the Income tax Act the continuous exercise of an activity and the same central idea is implicit in the words "carried on by him" occurring in 10(1) and those critical words are an essential constituent that which is to be ... |
CIVIL APPEALS Nos. 170 to 176 and 178 to 183 of 1953.
Appeals from the Judgment and Order dated the 22nd August, 1952, of the High Court of Judicature at Madras in Civil Miscellaneous Petitions Nos.
13386, 13388,13390, 7812, 12003, 13188, 13262, 7822, 13123, 13347, 13341, 12997, 12494 of 1950 and Order dated 8th Septem... | The Madras Estates (Abolition and Conversion into Ryotwari) Act, (Act XXVI of 1948) was passed by the Provincial Legislature of Madras functioning under the Government of India Act, 1935 and it received the assent of the Governor*General of India on the 2nd of April, 1949.
After the advent of the Constitution, the Act ... |
riminal Appeals Nos. 65 and 66 of 1952, 5 and 19 of 1953 and Petitions Nos. 170 of 1952, 19 and 57 of 1953.
Appeals from Orders, dated the 9th April, 1952, of the High Court of Judicature at Bombay in Criminal Applications Nos. 707 and 708 of 1951, from the Judgment and Order, dated the 15th December, 1952, of the High... | Held, (Per MEHR CHAND MAHAJAN 0.
J., MUKEMRJFA, ViviAN BosE and GHULAM HASAN JJ. ; section R. DAs J. dissenting) that section 7 of the Influx from Pakistan (Control) Act, 1949 is void under article 13(1) in so far as it conflicts with the fundamental eight of a citizen of India under art.19(1) (a) of the Constitution a... |
iminal Appeal No. 42 of 1953.
Appeal by Special Leave from the Judgment and Order dated the 5th February, 1953, of the High Court of Judicature at Bombay in Criminal Appeal No. 1149 of 1952 arising out of the Judgment and Order dated the 22nd April, 1952, of the Court of the Presidency Magistrate 19th Court, Bombay, in... | Held (Per MEHR CHAND MAHAJAN C. J., MUKHERJEA, VIVIAN BOSE and GHULAM HASAN JJ., section R. DAS J. dissenting) that the effect of the declaration in the case of The State of Bombay and Another vs F. N. Balsara(1) that clause (b) of section 13 of the Bombay Prohibition Act (XXV of 1949) is void under article 13(1) of th... |
Appeals Nos. 1 and 2 of 1949.
Appeals from the Judgment and Decree dated the 22nd December, 1942, of the High Court of Judicature at Patna in First Appeals Nos. 10 and 1 1 of 1939 arising out of the Judgment and Decree dated the 23rd November, 1936, of the Court of the Subordinate Judge of Berhampore in Original Suit N... | The word "resides" in section 33(1)(a) of the Indian , is not defined in the statute.
It contemplates not only permanent residence but also temporary residence.
Residence only connotes that a person eats, drinks and sleeps at that place and it is not necessary that he should own it.
For purposes of section 32(c) of the... |
iminal Appeal No. 67 of 1951.
Appeal by special leave from the Judgment and Order, dated 26th June, 1950, of the High Court of Judicature at Bombay (Dixit and Chainani JJ.) in Criminal Appeal No. 784 of 1949.
N. C. Chatterjee (H. J. Umrigar and section P. Varma, with him) for the appellant.
M. C. Setalvad, Attorney Gen... | Under section 517 of the Code of Criminal Procedure the court is empowered on the conclusion of an enquiry or trial to make an 977 order for the disposal of any property or document produced before it or in its custody or regarding which an offence appears to have been committed or which had been used for the commissio... |
Civil Appeal No. 70 of 1952.
Appeal by special leave from the Judgment and Decree dated the 5th May, 1949, of the High Court of Judicature at Patna (Manohar Lall and Mahabir Prasad JJ.) in Appeal from Appellate Decree No. 2091 of 1946.
C.K. Daphtary, Solicitor General far India (G. N. Joshi and Porus A. Mehta, with him... | Held, that the rule of English law that a civil servant cannot ' maintain a suit against the State or against the Crown for the 787 recovery of arrears of salary does not prevail in India and it has been negatived by the provisions of the statute law in India.
Section 240 of the Government of India Act, 1935, places re... |
Appeals Nos. 130 and 131 of 1951.
Appeals from.
the Judgment and Decrees, dated the 12th August, 1948, of the High Court of Judicature at Calcutta in Appeals from Original Decrees Nos.
214 of 1942 and 231 of 1943 arising from the Decrees, dated the 16th June, 1942, of the Court of the Subordinate Judge, Burdwan, in Mon... | Held, that in a proceeding under section 36 of the Bengal Money Lenders Act, 1940, it is not competent to the court to go behind the decree and embark on an enquiry as to whether the decree holders on record were in fact benamidars for another person.
Scope of section 36 of the Act discussed.
Renula vs Manmatha (72 I.A... |
Appeal No. 136 of 1952.
Appeal under articles 132(1) and 133(1)(c) of the Constitution of India from the Judgment and Order dated the 19th October, 1951, of the High Court of Judicature for Rajasthan at Jodhpur in D. B. Miscellaneous Writ Petition No. 3/1951.
K. section Hajela, Advocate General of Rajasthan, for the ap... | Held, that the first portion of cl. 25 of the Rajasthan Foodgrains Control Order, 1949, relating to the freezing of stocks of foodgrains is not void under article 19(1)(f) of the Constitution because such freezing of stocks of foodgrains is reasonably related 983 to the object which the Act was intended to achieve, nam... |
Appeal No.155 of 1953.
Appeal by special leave from the Judgment and Order dated the 15th July, 1953, of the Election Tribunal, Nagpur, in Election Petition No. 3 of 1952.B. Sen and T. P. Naik for the appellant.
Veda Vyas (section K. Kapur with him) for respondent No. 1. 1954.
February 15.
The Judgment of the Court was... | A contract for the supply of goods does not terminate when the goods are supplied, it continues into being till payment is made and the contract is fully discharged by performance on both sides.
O 'Carroll vs Hastings ( [1905] 2 I.H. 590) and Satyendrakumar Das vs Chairman of the Municipal Commissioners of Dacca (I.L.R... |
iminal Appeal No., 7 of 1951.
Appeal under article 134(1)(c) of the Constitution of India from the Judgment and Order dated the 10th March,, ' 1951, of the judicial Commissioner Vindhya 1099 Pradesh, Rewa in Criminal Appeal No. 81 of 1950 arising out of the Judgment and Order dated the 26th July, 1950, of the Court of ... | After the investigation into an offence has been started on the registration of the First Information Report by the Police, no statement made by the accused to the Magiarate can be proved unless the statement has been recorded in accordance with the provisions of section 164 of the Code of Criminal Procedure and theref... |
Appeal No. 143 of 1952.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order, dated the 997 11th December, 195 1, of the High Court of Judicature, Rajasthan at Jodhpur in D. B. Civil Miscellaneous Case No. 1 of 1951.
M. C. Setalvad, Attorney Genaral for India and K. section Hajela, Advoc... | Hold, that section 8 A inserted in Rajasthan Ordinance XXVII of 1948 by section 4 of Rajasthan Ordinance X of, 1949 and as amended by section 3 of Rajasthan Ordinance XV of 1949 is void under article 14 of the Constitution.
Frank J. Bowman vs Edward A. Lewis ; ; 25 Law.
Ed. 989), Ramjilal vs Income Tax Officer, Mohinda... |
Appeal No. 103 of 1952.
Appeal under article 133(1) (c) of the Constitution of India from the Judgment and Order, dated the 10th August, 1951, of the High Court of Judicature for Rajasthan at Jodhpur (Wanchoo and Bapna JJ.), in D. B. Civil Miscellaneous Application No. 21 of 1951.
K. section Hajela, Advocate General of... | Held, that under section 7(3) (a) and (b) of the Industrial Disputes Act (XIV of 1947) as amended by section 34 of the Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950) the phrase "a Judge of a High Court and a District Judge" includes a Judge of the High ,Court and a District Judge in the former State of J... |
No. 281 of 1951.
Appeal under article 132 of the Constitution of India from the Judgment and Order dated the 1st August, 1951, of the High Court of Judicature at Madras in Criminal Miscellaneous Petitions Nos.1261 and 1263 of 1951.
K. Rajah Iyer (R. Ganapathy Iyer and M. section K. Aiyangar, with him) for the appellant... | Held that an appeal is competent to the Supreme Court under section 476B of the Code of Criminal Procedure from an order of a Division Bench of a High Court directing the filing of a complaint for perjury.
Also held that the simultaneous prosecution of civil and criminal proceedings regarding the same matter is likely ... |
Appeals Nos. 187 and 188 of 1953.
Appeals under article 132 of the Constitution of India from the Judgment and Order, dated the 29th August, 1952, of the High Court of Judicature at Madras in Writ Petitions Nos. 21 and 41 of 1952.
K.V. Venkatasubramania Iyer (A. N. Rangaswami and.
section K. Aiyangar, with him) for the... | Held, that the Madras General Sales Tax Act (IX of 1939), is not ultra vires the Government of India Act, 1935 as entry 48 in List II of the Seventh Schedule to the Government of India Act, 1936 was wide enough to cover a law imposing 'a tax on the purchaser of goods as well as on the seller.
Held, also that inasmuch a... |
05 of 1953.
Under article 32 of the Constitution of India for the enforcement of Fundamental Rights and APPELLATE JURISDICTION: Case No.1 of 1950 1047 Appeal under section 205 of the Government of India Act, 1935, from the Judgment and Decree, dated the 13th September, 1949, of the High Court of Judicature, Orion, in F... | Held, that sections 38 and 39 and the proviso to section 46 of the Orissa Hindu Religious: Endowments Act, 1939 as amended by the Amending Act II of 1952 are ultra vires articles 19(1) (f), 25 and 26 of the Constitution.
The annual contribution provided in section 49 of the Act is in the nature of a fee and not a tax a... |
Appeals Nos. 29 to 33, 89 and 90 of 1949.
Appeals from the Judgment and Decree dated the 30th October 1945 of the High Court of Judicature at Madras (Lionel Leach C.J. and Rajamannar J.) in Appeals Nos. 230, 300 302, 355, 356 and 413 of 1943.
G.S. Pathak (T. section Santhanam, with him) for the appellant in Civil Appea... | To establish that an impartible estate has ceased to be joint family property for purposes of succession it is necessary to prove an intention, express or implied, on the part of the junior members of the family to give up their chance of succeeding to the estate.
In each case it is incumbent on the plaintiff to adduce... |
Appeal No. 248 of 1953.
Appeal under Article 132(1) of the Constitution of India from the Judgment and Order dated the 1st October, 1953, of the High Court of Judicature at Allahabad in Civil Miscellaneous Writ No. 379 of 1953.
N.C. Chatterjee (P.K. Chatterjee, with him) for the appellant.
C. K. Daphtary, Solicitor Gen... | Held, that Article 465 A and Note I thereto of the Civil Service Regulations relating to the retiring pensions of officers was applicable to the appellant who was employed in 1923 as a member of the Indian Service of Engineers because Rule 4 of the new Rules published by the Government of India on 15th November, 1919, ... |
Appeals Nos. 292 and 312 of 1950.
Appeals from the Judgment and Order of the High Court of Judicature at Hyderabad (Ansari, Qamar Hasan and Manohar Pershad JJ.) in Cases Nos. 180 181 of 1954 F. Ved Vyas, (section K. Kapur and Ganpat Rai, with him) for the appellant.
M. C. Setalvad, Attorney General for India (Porus A. ... | The difference between the relations of master and servant and of principal and agent may be said to be this: a principal has the right to direct what work the agent has to do: but a master has the further right to direct how the work is to be done.
The positions of an agent, a servant and independent contractor are di... |
Appeal No. 164 of 1952.
Appeal from the Judgment and Decree dated the 12th August, 1949, of the High Court of Judicature at Bombay in Appeals Nos. 63 and 148 of 1947, from Original Decree, arising out of the Decree dated the 31st July, 1946, of the Court of the Civil Judge, Senior Division, Bijapur, at Bijapur in Speci... | It is well settled that proof of the existence of a Hindu joint family does not lead to the presumption that property held by any member of the family is joint and the burden rests upon any one asserting that any item of property was joint to establish the fact.
But where it is established that the family possessed som... |
No. 55 of 1954.
Under article 32 of the Constitution for the enforcement of fundamental rights.
N. C. Chatterjee, (J. B. Dadachanji and Rajinder Narain, with him) for the petitioners.
K. V. Tambe and I. N. Shroff for the respondent.
April 5.
The Judgment of the Court was delivered by JAGANNADHADAS J.
This is a petition... | The petitioner, an officer of the Madras Government, was employed in Central Provinces and Berar for the purchase of grains on behalf of the Madras Government.
He along with many others, was under prosecution before a Special Magistrate, Nagpur (Mad by a Pradesh), on charges for offences under section 420 of the Indian... |
riminal Appeal No. 33 of 1952.
Appeal under Article 134(1)(c) from the Judgment and Order dated the 19th February, 1952, of the 93 High Court of Orissa at Cuttack in Criminal Appeal No. 66 of 1950 arising out of the Judgment and Order dated the 19th September, 1950, of the Court of the Additional Sessions Judge, Cuttac... | Held, that it is not necessary for the sanction for an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) to be in any Particular form or in writing or for it to set out the facts in respect of which it is given.
It is, however, desirable to state the facts on the face of s... |
Appeal No. 124 of 1951.
Appeal by Special Leave granted by His Majesty in Council, dated the 30th October, 1945, from the Judgment and Decree, dated the 12th July, 1944, of the High Court of Judicature at Lahore in Civil Regular Second Appeal No. 450 of 1942, against the Judgment and Decree, dated the 14th January, 194... | Held, that under the Customary Law of Gurdaspur District (Punjab) applicable to the Gill Jats of village Gillanwali, the adoption of a collateral of the 8th decree is not invalid.
The answer to question 9 in Customary Law of the Gurdaspur District that "the adoption of near collateral only" should be recognised is not ... |
Civil Appeal No. 1 of 1954, and Civil Appeal No. 7 of 1954.
Appeals under article 132(1) of the Constitution of India from the Judgment and Order dated the 12th September, 1952, of the High Court of Judicature at Bombay in Civil Application No. 880 of 1952 and Miscellaneous Application No. 212 of 1952 respectively.
N.C... | Held, that the provision of a. 44 of the Bombay Public Trust Act, 1950, relating to the appointment of the Charity Commissioner as a trustee of any public trust by the court without any reservation in regard to religious institutions like temples and Maths is unconstitutional and must be held to be void.
The provisions... |
Appeal No. 59 of 1953.
Appeal from the Judgment and Order dated the 5th April, 1950, of the High Court of Rajasthan at Jaipur in Case No. 24 of Samvat 2005 (Review modifying the Decree dated the 3rd March, 1949, of the High Court of the former Jaipur State in Civil Second Appeal No. 187 of Samvat 2004 against the Decre... | It may be taken as well settled that there is no warrant for the proposition of law that when a grant of immoveable property is made to a Hindu female she does not get an absolute or alienable interest in such property unless such power is expressly conferred upon her.
The law is that there is no presumption one way or... |
vil Appeal No. 113 of 1953.
Appeal from the Judgment and Decree, dated the 25th day of March, 1952, of the High Court of Judicature at Bombay (Bavdekar and Dixit JJ.) in Appeal No. 554 of 1951, from Original Decree arising out of the Judgment and Decree, dated the 30th day of June, 1951, of the Court of the Joint Civil... | It is well settled that a consent decree is as binding upon the parties thereto as a decree passed by invitum.
Where a compromise is found, not to be vitiated by fraud, Misrepresentation, 100 misunderstanding or mistake, the decree passed thereon has the binding force of res judicata.
Where the plaintiff confines his c... |
ivil Appeal No. 14 of 1953.
Appeal by special leave granted by the Supreme Court, by its Order dated the 29th October, 1951, from the Judgment and Decree dated the 19th July, 1950, of the High Court of Judicature at Patna (Sinha and Rai JJ.) in appeal from Appellate Decree No. 1152 of 1946 from the Judgment and Decree ... | The policy underlying section 11 of the Suits Valuation Act,as also of sections 21 and 99 of the Code of Civil Procedure, is that when a case has been tried by a Court on the merits and judgment rendered, it should not be liable to be reversed purely on technical grounds, unless a failure of justice has resulted.
The p... |
Civil Appeal No. 89 of 1953.
132 Appeal from the Judgment and Decree dated the 28th day of March, 1949, of the High Court of Judicature at Madras in Appeal No. 654 of 1945, arising out of the Judgment and Decree dated the 23rd day of July, 1945, of the Court of the District Judge, Bellary, in Original Suit No. 17 of 19... | Once it is hold that a possession of a co sharer has become adverse to the other co sharer as a result of ouster, the mere assertion of his joint title by the dispossessed co sharer would not interrupt the running of adverse possession.
He must actually and effectively break up the exclusive possession of his co sharer... |
Appeal No. 38 of 1953.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order dated the 13th December, 1951, of the High Court of Judicature, Madras, in Civil Miscellaneous Petition No. 2591 of 1951.
1007 V.K.T. Chari, Advocate General of Madras (B. Ganapathy Iyer, with him) for the appell... | Held, that sections 21, 30(2), 31, 55, 56 and 63 to 69 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951) are ultra vires articles 19(1)(f), 25 and 26 of the Constitution of India.
Section 76(1) of the Act is void as the provision relating to the payment of annual contribution co... |
iminal Appeal No. 48 of 1952.
Appeal under article 134(1) (c) of the Constitution of India from the Judgment and Order dated the 21st March, 1952, of the High Court of Judicature at Calcutta (Das Gupta and Lahiri JJ.) in Criminal Appeal No. 77 of 1950 arising out of the Judgment and Order dated the 29th April, 1950, of... | Trial by jury is undoubtedly one of the most valuable rights which an accused can have but it has not been guaranteed by the Constitution.
Section 269(1) of the Code of Criminal Procedure is an enabling section and empowers the State Government to direct (1) 75 I.A. 41 (2) 76 1,A. 10 225 that the trial of all offences ... |
ppeal No. 23 of 1954.
Appeal under article 133(1) of the Constitution of India from the Judgment and Decree dated the 28th February, 1952, of the High Court of Judicature at Allahabad in Writ Application No. 7297 of 1951.
C. P. Lal for the appellant.
N. C. Chatterjee (Radhey Lal Aggarwal, with him) for the respondent.
... | Held, that there is a well defined and well established distinction between a sale and an agreement to sell.
The words "Taxes on the sale of goods" in entry No. 48, List II, Schedule VII of the Government of India Act, 1935, confer power on the Provincial Legislature to impose a tax only when there has been a completed... |
Appeals Nos. 129 and 130 of 1952.
409 Appeals by Special Leave from the Judgment and Order dated the 26th December, 1951, of the Court of the Judicial Commissioner for the State of Himachal Pradesh at Simla in Civil Misc.
Petitions Nos. 12 and 16 of 1951.
Achhru Ram, (P. section Safeer and Harbans Singh, with him) for ... | The provisions regarding search and seizure by the Indian police are contained in sections 51 , 96, 98 and 165 of the Code of Criminal Procedure, 1898.
None of these sections had any application to the facts and circumstances of the case.
Any seizure by the Indian police of any property of a citizen not sanctioned unde... |
7 of 1953.
Under article 32 of the Constitution of India, praying that the Order of the Governor of Uttar Pradesh dated the 29th August, 1952, revoking the grants made by the Rulers of Charkhari and Sarila in favour of the petitioners be declared void.
K. section Krishna Swamy Iyengar, and section P. Sinha (Bishan Sing... | The petitioners were granted in January, 1948, Jagirs and Muafis by the Ruler of Sarila State in one village and by the Ruler of Charkhari State in three villages.
In March, 1948, a Union of 35 States including the States of Sarila and Charkhari was formed into the United State of Vindhya Pradesh.
The Vindhya Pradesh G... |
98 of 1956.
Petition under Article 32 of the Constitution of India for enforcement of fundamental rights.
N. C. Chatterjee and section C. Majumdar, for the petitioner.
P. A. Mehta, R. Ganapathy Iyer and R. H. Dhebar, for the respondents NOS. 1, 2, 3 and 5. 1957.
May 8.
The Judgment of the Court was delivered by GOVINDA... | Section 178 A of the Sea Customs Act which places the burden of proving that any of the goods mentioned in the section and reasonably believed to be smuggled are not really so on the person from whose possession they are seized, is not discriminative in character and does not violate equal protection of law guaranteed ... |
Civil Appeal No. 69 of 1952.
Appeal from the Judgment and Decree dated the 27th April, 1950, of the High Court of Judicature at Calcutta (Sen & Chunder JJ.) in Appeal from Original Decree No. 19 of 1948 arising out of the Judgment and Decree dated the 27th September, 1947, of the Court of the Subordinate Judge, Third C... | 4(2) of the Indian Independence (Legal Proceedings) Order, 1947, runs as under: " 4.
Notwithstanding the creation of certain new Provinces and the transfer of certain territories from the Province of Assam to the Province of East Bengal by the Indian Independence Act, 1947. . . (2)Any appeal or application for revision... |
Appeal No. 48 of 1954.
Appeal from the Judgment and Order dated the 1 1 th January, 1954, of the High Court of Judicature of Mysore in Civil Petition No. 29 of 1953, quashing the Order of the Election Tribunal, Shimoga, dated the 15th January, 1953, in Shimoga No. I of 1952 53.
K. section Krishnaswami Iyengar (K. secti... | The issue of prerogative writs in the nature of habeas corpus, mandamus, quo warrantto, prohibition and certiorari had their origin in England in the King 's prerogative power of superintendence over the due observance of law by his officials and Tribunals.
The powers of the Supreme Court as well as of all the High Cou... |
l Appeal No. 61 of 1951.
Appeal from the Judgment and Decree dated the 10th November, 1944.
, of the High Court of Judicature at Lahore in Civil Regular First Appeal No. 259 of 1942, arising out of the Judgment and Decree dated the 29th July, 1942, of the Court of the Extra Assistant Settlement Officer and Assistant Co... | Held, that an entry regarding agreement in a Wajib ul arz holds good during the currency of the Settlement and does not survive the expiry of the period of Settlement.
Hira and Others vs Muhamadi and Others (16 P.R. 1915 at P. 89), Allah Bakhsh and Others vs Mirza Bashir ud Din and Others and Lieut.
Chaudhri Chattar Si... |
Appeal No. 2 of 1954.
Appeal under article 132 (1) of the Constitution of India from the Judgment and Order dated the 10th September, 1953, of the High Court of Judicature at Nagpur in Miscellaneous Petition No. 123 of 1953.
M. C. Setalvad, Attorney General for India (P. P. Naik and I. N. Shroff, with him) for the appe... | The Government of Central Provinces and Berar (Now State of Madhya Pradesh) fixed in 1948 a scale of dearness allowance for its servants which though practically identical with the scale of dearness allowance fixed by Central Government in respect of salaries over Rs. 400 per mensem was less than it in respect of salar... |
ivil Appeal No. 88 of 1953.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order dated the II th September, 1951, of the High Court of, Judicature for the State of Rajasthan at Jodhpur in D. B. Civil Appeal,(Ijlas i Kbas) No. 6 of 1950.
H. J. Umrigar, Narain Andley and Rajinder Narain fo... | The respondent as principal entered into several forward contracts for the purchase and sale of bullion through the appellant 's firm at Indore who worked as commission agents for the respondent.
The transactions resulted in a loss and the appellants who had to pay the amount of loss to third parties on behalf of the r... |
: Criminal Appeal No. 18 of 1953.
Appeal under article 134(1)(c) of the Constitution of India from the Judgment and Order dated the 18th February, 1953, of the High Court of Judicature at Bombay in Criminal Appeal No. 592 of 1952 arising out of the Judgment and Order dated the 21st May, 1952, of the Court of the Presid... | Section 18(1) of the Bombay Rents,. ,. .
Control Act 1947 provides; " If any landlord either himself or through any person acting or Purporting to act on his behalf. . receives any fine, premium or other like sum or deposit or any consideration, other than 159 the standard rent in respect of the grant, renewal or conti... |
Appeal No. 25 of 1952.
Appeals from the Judgment and Order dated the 10th day of January, 1952, of the High Court of Judicature of Travancore Cochin at Ernakulam (Kunhiraman C.J. and Subra mania Iyer J.) in Original Petitions Nos. 4, 23and 24 of 1951 respectively.
T.N. Subramania Iyer, Advocate General of Travancore Co... | Whatever else may or may not fall within article 286 (1) (b) of the Constitution, sales and purchases which themselves occasion the export or the import of the goods as the case may be, out of or into, the territory of India come within the exemption.
The view that no sale or purchase can be said to take place in the c... |
iminal Appeal No. 7 of 1953.
Appeal by Special Leave from the Judgment and Order of the High Court of Judicature at Nagpur dated the 15th.
September, 1952, in Criminal Case No. 45 of 1951 from the Order of the Court of the Magistrate 1st Class, Hoshangabad, in Criminal Case No. 75 of 1949.
H.J. Umrigar, Rameshwarnath a... | Clause 3 of the Cotton Textile (Control of Movement) Order, 1948, promulgated by the Central Government under section 3 of the Essential Supplies (Temporary Powers) Act, 1946, does not deprive a citizen of the right to dispose of or transport cotton tex B tiles purchased by him.
It requires him to take a. permit from t... |
iminal Appeal No. 33 of 1953.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order, dated the 20th February, 1953, of the High Court of Judicature at Madras in Criminal Revision Case No. 1034 of 1953 (Criminal Reference No. 51 of 1953).
C. Daphtary, Solicitor General for India, V. K. T. ... | After the achievement of independence and the coming into force of the new Constitution India became a Sovereign Demo cratio Republic and could not be described as a British Possession or grouped by an Order in Council amongst those Possessions within the meaning of section 12 of the Fugitive Offenders Act, 1881.
It be... |
Appeal No. 150 of 1953.
Appeal by Special Leave from the Judgment and Order dated the 30th April, 1953, of the Election Tribunal, Jabalpur, at Nagpur in Election Petition No. I of 1952.
B. Sen, T. P. Naik and I. N. Shroff for the appellant.
R. M. Hajarnavis, J. B. Dadachanji and Rajinder Narain for respondent No. 1. 26... | Article 136 of the Constitution is worded in the widest terms possible.
It vests in the Supreme Court a plenary jurisdiction in the matter of entertaining and hearing appeals by granting special leave against any kind of judgment or order made by a Court or ' Tribunal in any cause or matter and the powers can be exerci... |
Appeal No. 151 of 1953.
Appeal by Special Leave granted by the Supreme Court of India by its Order dated the 29th May, 1953, from the Judgment and Order dated the 4th May, 1953, of the Election Tribunal, Allahabad, in Election Petition No. 270 of 1952.
I C. K. Daphtary, Solicitor General for India (G. C. Mathur and C. ... | The words "the result of the election has been materially affected" in section 100 (1) (c) of the Representation of the People , indicate that the result should not be judged by the mere increase or decrease in the total number of votes secured by the returned candidate but by proof of the fact that the wasted votes wo... |
Civil Appeal No. 98 of 1953.
Appeal by Special Leave from the Judgment and Decree dated the 27th day of January, 1949, of the High Court of Judicature at Patna in Appeal from Appellate Decree No. 690 of 1947 against the Decree dated the 13th January, 1947, of the Court of the District Judge, Bbagalpur, in Title Appeal ... | There is no hard and fast rule for determining whether a given transaction is a mortgage by conditional sale or sale outright with a condition for repurchase.
Each case must be decided on its own facts.
The numerous decisions of the High Courts on the point are of no help because two documents are seldom expressed in i... |
Appeal No. 193 of 1952.
Appeal by Special Leave from the Judgment dated the 21st December, 1951, of the High Court of Judicature of Travancore Cochin arising out of the Judgment and Decree dated the 18th January, 1943, of the Court of District Judge, Kottayam.
N. P. Engineer (P. N. Bhagwati, M. Abraham and M. section K... | The provisions of the Travancore Code of Civil Procedure are similar in terms to Order 47, rule 1, of the Code of Civil Procedure 1908 and an application for review is circumscribed by the definitive limits fixed by the language used therein.
The words "any other sufficient reason" mean a reason sufficient on grounds a... |
il Appeals Nos. 213A and 213B of 1953.
Appeals by Special Leave against the Judgment and Order dated the 24th June, 1953, of the Election Tribunal, Ludhiana, in Election Petition No. 153 of 1952.
C. K. Daphtary, Solicitor General for India, (Harbans Singh Doabia and Rajinder Narain, with him) for the appellant in Civil... | Under section 33(1) of the Representation of the People Act, 1951, each nomination paper should be "subscribed" by a proposer and a seconder.
Where the proposer and the seconder of a nomination paper (as in the present case) are illiterate and so place thumb marks instead of signatures and those thumb marks are not att... |
Appeal No. 108 of 1952.
Appeal from the Judgment and Decree dated the 29th March, 1950, of the High Court of Judicature at 468 Calcutta in Appeal from Original Decree No. 121 of 1945 arising from the Decree dated the 22nd December, 1944, of the Court of Subordinate Judge at Alipore, in Title Suit No. 70 of 1941.
N. C. ... | It is a well settled doctrine of Hindu law that nobody has a vested right so long as the widow is alive and the eventual reversioner does not claim through any one who went before him.
The interest of a Hindu widow in the properties inherited by her bears no analogy or resemblance to what may be described as an equitab... |
254 of 1954.
Under article 32 of the Constitution for the enforcement of fundamental rights.
The petitioner in Person.
M. C. Setalvad, Attorney General for India, (G. N. Joshi and P.G. Gokhale, with him) for the respondents.
The Judgment of the Court was delivered by BOSE J.
This is a petition under article 32 of Const... | The order under section 10(2) of the , given to a proper officer of the Court may be an oral order and need not be a written one.
The High Court can under section 10(2) refer a case on its own motion.
|
Appeal No. 154 of 1953.
Appeal by Special Leave against the Judgment and Decree dated the 8th January, 1953, of the High Court of Judicature at Bombay in Appeal No. 117 of 1952 arising out of Suit No. 235 of 1949 in the said High Court.
M. C. Setalvad, Attorney General for India, and C. K. Daphtary, Solicitor General f... | Three shoprooms were requisitioned on April 15, 1943, under the Defence of India Rules and the requisition order inter alia stated that is the said requisitioned property shall be continued in requisition during the period of present war and six months thereafter or for such shorter period as may be specified by the Fo... |
Appeal No. 31 of 1954.
Appeal by Special Leave from the Judgment and Decree dated the 9th September, 1952, of the High Court of Judicature at Bombay in Appeal No. 811 of 1951 from the Original Decree arising from the Judgment and Decree dated the 24th July, 1951, of the Bombay City Civil Court at Bombay in Suit No. 231... | Under section 32 of the , the liability of the drawee arises only when he accepts the bill.
There is no provision in the Act that the drawee is as such liable on the instrument, the only exception being under section 31 in the case of a, drawee of a cheque having sufficient funds of the customer in his hands; and even ... |
Appeal No. 156 of 1954.
Appeals by Special Leave against the Judgment and Order dated the 24th December, 1953, of the Election Tribunal, Gwalior, Madhya Bharat, in Election Petition No. 263 of 1952.
N.C. Chatterjee, (section K. Kapur and Ganpat Rai, with him) for the appellants.
C.K. Daphtary, Solicitor General for Ind... | Held, that sections 123(5) and 124(5) of the Representation of the People Act (XLIII of 1951) are not ultra vires article 19(1) (a) of the Constitution.
|
tter of the Contempt of Court proceedings relating to the printing, publishing and circulation of a pamphlet over the name of Hira Lal Dixit (General Secretary, Praja Socialist Party, Mainpur) entitled "HAMARA VAHAN VIBRAG" arising out of (Civil) Petition No. 379 of 1953.
(Hira Lal Dixit vs The State of Uttar Pradesh).... | The petitioner was an applicant in one of the writ petitions which had been filed in the Supreme Court challenging the validity of U. P. Road Transport Act, 1951.
During the hearing of the writ petitions a leaflet printed in the Hindi language and intituled "Our Transport Department" purporting to be written by the pet... |
Civil Appeal No. 192 of 1952.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order dated 24th August, 1951, of the Madras High Court in Civil Miscellaneous Petition No. 5744 of 1951.
Appellant in person.
C. K. Daphtary, Solicitor General for India (R. Ganapathy Iyer and P. G. Gokhale, wi... | The appellant, the owner of a permanent cinema theatre in the Tanjore District, was granted a license by the District Magistrate, Tanjore, subject to certain conditions imposed by him in pursuance of 2 notifications (G. 0.
1054, Home, dated 28th March, 1948, and G. O. Mis. 3422 dated 15th September, 1948) issued by the... |
il Appeals Nos.
188, 188(A), 188(B) and 188(E) of 1952.
Appeals under article 133(1)(c) of the Constitution of India from the Judgment and Order dated the 6th December, 1951, of the High Court of Judicature at Bombay in Civil Applications Nos. 409, 410, 411 and 780 of 1951.
692 C.O. Shastri and Naunit Lal for the appel... | Held, that the validity of the Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949) cannot be questioned on the ground that it takes away or abridges the fundamental rights conferred by the Constitution of India in view of enactment of article 31 B which has been inserted in the Constitution by the Fir... |
Appeal No. 73 of 1954.
Appeal by Special Leave against the Judgment and Order dated the 11th day of February, 1954, of the Election Tribunal, Allahabad.
in Election Petition No. 252 of 1952.
672 N.C. Chatterjee and G. N. Kunzru, (Rameshwar Nath and Rajinder Narain, with them) for the appellant.
Veda Vyasa (G. C. Mathur... | Section 123(7) of the Representation of the People Act, 1951, shows clearly that in order to amount to a corrupt practice the excess expenditure must be incurred or authorised by a candidate or his agent and the employment.
of extra persons must likewise be by a candidate or his agent.
The charge against the appellant ... |
s Nos. 188 and 189 of 1954.
Under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
H. M. Seervai, J. B. Dadgchanji and Rajinder Narain for petitioners.
C. K. Daphtary, Solicitor General for India (M.M. Kaul and P. G. Gokhale, with him) for respondent.
October 14.
The Judgment of the Co... | The provisions of sections 3, 4 and 5 of the Minimum Wages Act (XI of 1948) empower the appropriate Government to fix the minimum rate of wages in an industrial dispute between the employer and the employed and it is a criminal offence not to pay the wages thus fixed under the Act.
Held, that the restrictions imposed u... |
309 of 1953.
Under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
K. C. Jain and B. P. Maheshwari for the petitioners.
K. B. Asthana and C. P. Lal for the respondents.
October 18.
The Judgment of the Court was delivered by DAS J.
This is a petition made under article 32 of the Consti... | Uttar Pradesh Food grains (Futures and Options Prohibition) Order, 1951, made it illegal and a punishable offence for any person to enter into any futures in pulses other than gram, or to pay or receive or to agree to pay or receive any margin relating to such futures.
By section 9 of that Order the Order of 1945 conta... |
iminal Appeal No. 90 of 1952.
Appeal under article 134(1) (c) of the Constitution of India from the Judgment and Order, dated 28th November, 1954, of the Punjab High Court in Criminal Revision No. 865 of 1951, arising out of the Judgment, dated 2nd August, 1951, of the Court of Additional Sessions Judge, Rohtak, Gurgao... | A person accused of an offence under the Indian Penal Code and committed in a district which after the partition of India became part of Pakistan cannot be tried for that offence by a Criminal Court in India after his migration to India and acquiring thereafter the status of a citizen of India.
The fact that after the ... |
cellaneous Petition No, 641 of 1954, 72 562 Application for review of the Judgment of this Court in Civil Appeal No. 152 of 1954.
N. C. Chatterjee (G. C. Mathur, with him) for the petitioner.
Veda Vyas (section K. Kapoor and Naunit Lal, with him) for the respondent.
October 18.
The Judgment of the Court was delivered b... | Held, (modifying the view of law taken in Civil Appeal No. 52 of 1954) that in view of section 3(8) of the , a contract with the Chief Commissioner in a State (in this case Himachal Pradesh Chief Commissioner) is a contract with the Central Government and that would be a disqualification for election to the Legislative... |
Appeals Nos. 182 and 183 of 1954.
Appeals under article 132(1) of the Constitution of India from the Judgment and Order, dated the 17th November, 1953, of the High Court of Judicature at Allahabad in Civil Miscellaneous Writ No. 414 of 1953, connected with Civil Miscellaneous Writs Nos. 537, 579 to 582, 587 to 595, 597... | A highway has its origin, apart from statute, in dedication either express or implied, by the owner of land of a right of passage over it to the public and the acceptance thereof by the public.
Dedication is presumed by long and uninterrupted user of a way by the public.
The presumption in such cases is so strong as to... |
315 of 1954.
Petition under article 32 of the Constitution for enforcement of Fundamental Rights.
H.J. Umrigar, Narain Andley, J. B. Dadachanji and Rajinder Narain for the petitioner.
M. C. Setalvad, Attorney General for India, and C. K. Daphtary, Solicitor General for India (G. N. Joshi, Porusa Mehta and P. G. Gokle, ... | The petitioner, a business man, was alleged to have made huge profits during the years of War and the Central Government acting under section 5(1) of the Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947) referred his case to the Investigation Commission for investigation and report.
During the pende... |
iminal Appeal No. 72 of 1952.
Appeal by Special Leave from the Judgment and Order dated the 30th November, 1950, of the High Court of Judicature at Nagpur (Dev and Rao JJ.) in Contempt of Court Proceedings Miscellaneous Petition No. 16 of 1950.
Dr. Bakshi Tek Chand, (Hardyal, Hardy, B. R. Mandlekar, B. D. Kathalay, Gan... | A section of the Bar seems to be labouring under an erroneous impression that when an advocate is acting in the interests of his client or in accordance with his instructions he is discharging his legitimate duty towards him even when he signs an application or a pleading which contains matter scandalizing the Court an... |
on No. 492 of 1954.
Petition under article 32 of the Constitution for the enforcement of Fundamental Rights.
B. Sen, I. N. Shroff and B. P. Singh for the petitioner.
M. C. Setalvad, Attorney General for India, and C. K. Daphtary, Solicitor General for India (G. N. Joshi 770 P.A. Mehta and P. G. Gokhale, with them) for ... | Held, that as there is a special provision in article 265 of the Constitution that no tax shall be levied or collected except by authority of law, clause (1) of article 31 must be regarded as concerned with deprivation of property otherwise than by the imposition or collection of tax and as the right conferred by artic... |
Appeals Nos. 138 and 139 of 1954.
Appeals under articles 132 and 133 of the Constitution of India from the Judgment and Order, dated the 16th February, 1953, of the Court of Judicial Commissioner, Ajmer, in Civil Miscellaneous Petitions Nos. 260 and 263 of 1952.
N.C. Chatterjee (B. D. Sharma and Naunit Lal, with him) f... | The words 'law in force ' as used in article 372 of the Consti tution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law.
An order made by the Governor General under section 94(3) of the Government of India Act, 1935, investing the Chief Commissione... |
minal Appeals Nos. 4, 23 and 28 of 1954.
Appeal by Special Leave granted by the Supreme Court by its Order dated the 2nd April, 1953, from the Order dated the 12th January, 1953, of the High Court of Judicature at Bombay in Criminal Appeal No. 22 of 1953, arising out of the Judgment and Order dated the 6th October, 195... | Investigation in this case was started on the 20th April, 1951, under the City of Bombay Police Act (Bombay Act IV of 1902), the provisions of the , Code of Criminal Procedure being then inapplicable to Bombay City Police by virtue of section I (2)(a) of the Code.
In 1951, the Bombay Police Act (Bombay Act XXII of 1951... |
Appeal No. 145 of 1953.
Appeal by Special Leave from the Judgment and Order dated the 8th day of September, 1950, of the High Court of Judicature for the State of Punjab at Simla in Civil Reference No. 3 of 1949.
Achhru Ram (R. section Narula and Naunit Lal, with him) for the appellants.
M. C. Setalvad, Attorney Genera... | As condition precedent to the applicability of section 10 A of the Excess Profits Tax Act, 1940, it must be proved that during the chargeable accounting period the assessee was carrying on the kind of business to which the Act applies by virtue of section 5 of the Act.
Section 2(5) of the Act states what is included in... |
iminal Appeal No. 61 of 1953.
Appeal under article 134(1)(c) of the Constitution of India from the Judgment and Order dated the 7th August, 1952, of the High Court of Judicature for the State of Punjab at Simla in Criminal Revision No. 78 of 1952 arising out of the case reported by the District Magistrate, Jullundur, w... | The provisions of a. 6(c) (d) and (e) of the (same as section 4 of the Punjab General Clauses Act, 1898) relating to the consequences of the repeal of a law are applicable not only when an Act Regulation is repealed simpliciter but also to a case of repeal and simultaneous enactment re enacting all the provisions of th... |
Appeal No. 104 of 1953.
Appeal from the Judgment and Order dated the 28th day of March, 1952, of the High Court of Judicature at Bombay in Income tax Reference No. 39 of 1951 arising out of the Order dated the 23rd day of April, 1951, of the Income tax Appellate Tribunal in Income tax Appeal No. 5228 of 1950 51. 112 87... | Agricultural income as defined in a. 2(1) of the Indian Income.
tat Act, 1922, signifies income proximately derived from direct association with land by a person who actually tills the land or 877 gets it cultivated by others.
Agricultural income does not mean income which can be ultimately or indirectly traced to have... |
iminal Appeal No. 31 of 1953.
Under article 132(1) of the Constitution of India from the Judgment and Order dated 20 1 1953 of the High Court of Judicature at Bombay in Criminal Revision Application No. 642 of 1952, 800 1.
C. Dalal and P. K. Chatterjee for the appellant.
M. C. Setalvad, Attorney General of India (P. A.... | Article 254(2) of the Constitution is, in substance, a reproduction of section 107(2) of the Government of India Act, 1935, the concluding portion whereof is incorporated in a proviso with further additions.
The principle embodied therein is that when there is legislation covering the same ground both by the Centre and... |
iminal Appeal No. 39 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 5th May, 1953, of the Lucknow Bench of Allahabad High Court in Criminal Revision No. 200 of 1952, arising out of the Judgment and Order, dated the 17th May, 1952, of the Special Magistrate, AntiCorruption for Uttar Pradesh at Lu... | When a public servant is charged under section 161 of the Indian Penal Code, and it is alleged that the illegal gratification was taken by him for doing or procuring an official act, it is not necessary for the Court to consider whether or not the accused as public servant was capable of doing or intended to do such an... |
iminal Appeal No. 80 of 1953.
Appeal by Special Leave granted by the Supreme Court by its order dated the 9th February, 1953, from the Judgment and Order dated the 23rd September, 1952, of the High Court of Judicature at Bombay in Criminal Appeal No. 828 of 1952 arising out of the Judgment and Order dated the 27th Marc... | The appellant, the owner of a small establishment in Ahmedabad, employs three workers, does business in a very small way by going to certain local mills, collecting orders from them for spare parts, manufacturing the parts so ordered in his workshop, delivering them to the mills when ready and collecting the money ther... |
Appeal No. 194 of 1952.
Appeal from the Judgment and Order, dated the 7th day of September, 1951, of the High Court of Judicature at Bombay in Income tax Reference No. 46 of 1950.
S.Mitra (R. J. Kolah and 1.
N. Shroff, with him) for the appellant.
M.C. Setalvad, Attorney General for India (G. N. Joshi, with him) for th... | Section 12 B of the Indian Income tax Act, 1922 (inserted by Act XXII of 1947) which imposed tax on 'Capital gains ' is not ultra vires the Government of India Act, 1935.
The term 'Capital 106 830 gains ' comes well within the meaning of the word 'income ' used in item No. 54 of List I of the Seventh Schedule to the Go... |
Appeal No. 162 of 1952.
Appeal from the Judgment and Order dated the 7th day of June, 1951, of the High Court of Judicature at Calcutta in Income tax Reference No. 60 of 1950 arising out of the Order dated the 22nd day of November, 1949, of the Income tax Appellate Tribunal in I.T.A. Nos. 1026 and 1027 of 1948 49 N. C.... | Section 10(2)(xv) of the Indian Income tax Act, 1922, uses the term 'capital expenditure ' for which no allowance is given to the assessee.
The term 'capital expenditure ' is used as contrasted with the term 'revenue expenditure in respect of which the assessee is entitled to allowance under section 10(2) (xv) of the A... |
of 1951.
Appeal under article 132 (1) of the Constitution of India from the Judgment and Order dated November 15, 1950, of the High Court of Judicature at Madras (Menon and Sayeed JJ.) in Criminal Miscellaneous Petition No. 1278 of 1950.
V. K. T. Chari (Advocate General of Madras) (Ganapathy Iyer, with him) for the app... | The South Indian Cinema Employees ' Association, a regis tered trade union whose members were the employees of the 24 cinema houses operating in the Madras City including some of the employees of the Prabhat Talkies, submitted to the Labour Commissioner a memorandum setting forth certain demands against their employers... |
Appeal No. 135 of 1951.
Appeal by Special Leave granted by the Supreme Court of India by its Order dated the 21st of May, 1951, from the Judgment and Order dated the 19th February, 1951, of the Labour Appellate Tribunal of India, Allahabad in Appeal No. 136 of 1950.
C.K. Daphtary, Solicitor General of India (J. B. Dada... | The term bonus is applied to a cash payment made in addition to wages.
it generally represents the cash incentive given conditionally on certain standards of attendance and efficiency being attained.
992 There are two conditions, which have to be satisfied before a demand for bonus can be justified and they are, (1) wh... |
Appeal No. 133 of 1951.
Appeal by special leave granted by the Supreme Court on the 1st December, 1950, from the Judgment dated the 24th April, 1950, of the Central Government Industrial Tribunal, Dhanbad, in Appeal No. 1 of 1950, arising out of Order dated the 2nd February, 1950, of the Regional Labour Commissioner (C... | A conciliation proceeding cannot be deemed to have concluded under section 20 (2) (b) of the , in a case where no settlement has been arrived at, as soon as the Conciliation Officer sends his report.
It can be deemed to have concluded only when the report is actually received by the appropriate Government.
(1) ; 429 Th... |
Appeal No. 90 of 1953.
Appeal under Article 132(1) of the Constitution of India from the Judgment and Order dated the 29th August, 1952, of the High Court of TravancoreCochin at Ernakulam in Original Petition No. 51 of 1952.
K.Thomas and M. R. Krishna Pillai, for the appellant.
Mathew P. Muricken, Advocate General for ... | An enquiry under the provisions of the Travancore Public Servants (Inquiries) Act, (Act XI of 1132) was held against the petitioner in pursuance of a resolution passed by the Council of Ministers.
The petitioner took part in the proceedings, denied the charges and raised legal objection to the competence of the Enquiry... |
Appeal No. 81 of 1953.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order, dated the 18th April, 1951, of the High Court of Judicature for the State of Orissa at Cuttack in Judicial Case No. 60 of 1951.
H. J. Umrigar, Sri Narain Andlay and Rajinder Narain for the appellant.
Porus A. Me... | The provisions of section 16(1)(x) of the Orissa Municipal Act, 1950, by which a paid legal practitioner on behalf of or against the Municipality is disqualified for election to a seat in such Municipality do not violate the fundamental rights guaranteed to such legal practitioner under article 14 or under article 19(1... |
iminal Appeal No. 83 of 1954.
Appeal by Special Leave granted by the Supreme Court by its Order dated the 14th September, 1953 from the Judgment and Order dated the 5th June, 1953 of the High Court of Judicature for the State of West Bengal at Calcutta in Criminal Revisions Nos. 1205 and 1204 of 1952.
Ajit Kumar Dutta,... | Section 12 of the West Bengal Act XII of 1952 provides: " Nothing in this Act shall apply to any proceedings pending on the date of the commencement of the West Bengal Criminal Law Amendment (Special Courts) Amending Ordinance 1952 in any court other than a Special Court".
On appeal taken by the appellants to the High ... |
Appeal No. 217 of 1953.
Appeal from the Judgment and Order dated the.
16th day of January, 1950, of the Income tax Appellate 120 942 Tribunal, Calcutta in Income tax Appeal No. 4658 of 1948 49 and E.P.T.A. No. 1137 of 1948 49.
N. C. Chatterjee and Veda Vyas, (section K. Kapoor and Ganpat Rai, with them) for the appella... | It is not possible to define with any precision the limitations of the powers conferred on the Supreme Court by article 136 of the Constitution.
This is an overriding and exceptional power and should be exercised sparingly and with caution and only in special and extraordinary situation.
Beyond this no set formula, or ... |
ons Nos. 330 to 333 of 1954.
Under article 132 of the Constitution of India for the enforcement of Fundamental Rights.
P.B. Das, (B. Sen, Balaprasad Singh and Ganpat Rai, with him) for the petitioner.
M. C. Setalvad, Attorney General for India, and C. A. Daphtary, Solicitor General for India (O. N. Joshi, Porus A. Meht... | Parliament by amending section 34 of the Indian Income tax Act, 1922, by passing the Indian Income tax (Amendment) Act (XXXIII of 1954) has now provided that oases of those very persons who originally fell within the ambit of section 5(1) of Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947) and who,... |
iminal Appeal No. 83 of 1953.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order dated the 25th August 1953 of the High Court of Judicature at Patna in Criminal Appeal No. 410 of 1951.
B. K. Saran and M. M. Sinha, for the appellants.
M. C. Setalvad, Attorney General for India (R.C.prqs... | It is well settled that while Article 14 of the Constitution forbids class legislation, it does not forbid reasonable classification for the purposes of legislation.
In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) the classification must be founded on an i... |
Appeal No. 202 of 1952.
Appeal from the Judgment and Decree dated the 5th day of March, 1951 of the High Court of Judicature at Calcutta in Appeal from Original Decree No. 87 of 1949 arising out of the decree dated the 20th day of January, 1949 in Suit No. 94 of 1946 of the Court of 3rd Additional District Judge at 24 ... | When once it has been proved that a will has been executed with due solemnities by a person of competent understanding and apparently a free agent, the burden of proving that it was executed under undue influence is on the person who alleges it.
It is well settled that it is not every influence which is brought to bear... |
Appeal No. 144 of 1953.
Appeal from the Judgment and Order dated the 28th November, 1951, of the High Court of Judicature at Calcutta in Reference No. 40 of 1950.
Sukumar Mitra (section N. Mukherjee, with him) for the appellant.
C. K. Daphtary, Solicitor General of India, (G. N. Joshi, with him) for the respondent.
Nov... | null |
Appeal No. 61 of 1953.
Appeal from the Judgment and Decree dated the 16th day of May, 1952 of the High Court of Judicature at Calcutta in Appeal from Original Decree No. 124 of 1951 arising out of the decree dated the 25th day of May, 1951 of the High Court of Calcutta in its Ordinary Original Civil Jurisdiction in Sui... | Delivery has been defined in section 2 (2) of Indian , as meaning voluntary transfer of Possession from one per 1072 son to another and it includes not only actual delivery but also symbolical or constructive delivery within the meaning of the term.
The expression "actual delivery of possession" in section 2(1)(b)(i) o... |
Appeal No. 91 of 1953.
Appeal from the Judgment and Decree dated the 12th day of June 1951 of the High Court of Judicature at Calcutta in Appeal from Original Decree No. 56 of 1951 arising out of the Decree dated the 8th day of March 1951 of the said High Court exercising its Ordinary Original Civil Jurisdiction in Sui... | The object of the Banking Companies Act, 1949 is to provide a machinery for expeditious and speedy termination of proceedings in liquidation and in the absence of any specific provisions of the Act to the contrary or any rules framed by the High Court under section 45 G of the Act (inserted by Act XX of 1950) the norma... |
Appeal No. 105 of 1953.
Appeal by Special Leave granted by this Court 's Order dated the 24th September, 1951 from the Judgment and Decree dated the 2nd day of September, 1949 of the High Court of Judicature at Bombay in Appeal No. 274 of 1948 from Original Decree arising out of the Decree dated the 30th day of July, 1... | It is well settled according to Hindu Law that a widow 's power to adopt comes to an end by the interposition of a grandson or the son 's widow competent to continue the line by adoption.
The mother 's authority to adopt is not extinguished by the mere fact that her son had attained ceremonial competence.
The power to ... |
Appeal No. 61 of 1954.
Appeal under Article 132(1) of the Constitution of India from the Judgment and Order dated the 4th November 1953 of the High Court of Judicature at Nagpur in Civil Miscellaneous Petition No. 174 of ' 1953.
N. C. Chatterjee, Bakshi Tek Chand and Veda Vyas, (section K. Kapur and Ganpat Rai, with th... | Article 226 of the Constitution confers on High Courts power to issue appropriate writs to any person or authority within their territorial jurisdiction, in terms absolute and unqualified, and Election Tribunals functioning within the territorial jurisdiction of the High Courts would fall within the sweep of that power... |
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