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AppealS Nos. 101 , 102 and 103 of 1951.
Civil Appeal No. 101 of 1951 was an appeal from the Judgment and decree dated the 13th March, 1946, of the Chief Court of Avadh at Lucknow in First Civil Appeal No. 132 of 1943 arising out of the Judgment dated the 25th September, 1943, of the Court of Special Judge, 1st Grade, S... | Under a compromise decree the amount due to the plaintiff was fixed by mutual consent and it was further agreed that the defendant should within one week of the date of the decree convey to the plaintiff immoveable properties sufficient to satisfy the decree.
The U. P. Agriculturists Relief Act of 1934 having come into... |
iminal Appeals Nos. 89 and 90 of.
Appeals by Special Leave from the Judgment and Order dated the 23rd November 1953 of the High Court of Judicature 'at Bombay in Criminal Appeal No. 1213 of 1953, and from the Judgment and Order dated the 25th August 1953 of the High Court of Judicature at Bombay in Criminal Appeal No. ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
Appeals Nos.
109 to 115 of 1952.
Appeals from the Judgment and Decree dated the 9th day of March 1950 of the High Court of Judicature at Calcutta in Appeal from Appellate Decree Nos.
1841 1847 of 1945 arising out of the Decrees dated the 16th day of September 1944 of Munsiff 3rd Court, Burdwan.
P. K. Chatterjee, for th... | A presumption of a lost grant arises in favour of a person who does not claim adversely to the owner but who on the other hand proves ancient and continued possession in assertion of a title derived from the owner without any challenge and such possession and assertion cannot be accounted for except by referring to a l... |
Appeal No. 118 of 1953.
Appeal from the Judgment and Decree dated the 28th July 1949 of the High Court of Judicature for the State of Punjab at Simla in Civil Regular First Appeal No. 365 of 1946 arising out of the Decree dated the 31st day of October 1946 of the Court of the SubJudge, 1st Class, Pathankot in Suit No. ... | It is now well settled that the general custom of the Punjab being that a daughter excludes the collaterals from succession to the self acquired property of her father the initial onus, therefore, must, on principle, be on the collaterals to show that the general custom in favour of the daughter 's succession to the se... |
minal Appeal No. 132 of 1954.
Appeal by Special Leave granted by the Supreme Court by its Order dated the 3rd September, 1954 from the Judgment and Order dated the 15th June ' 1954 of the High Court of Judicature for the State of Punjab at Simla in Criminal in Appeal No. 287 of 1954 arising out of the Judgment and Orde... | Section 34 of the Indian Penal Code is merely explanatory.
It does not create any specific offence.
Under this section several persons must be actuated by a common intention and when in further (1) A.I.R. 1936 Lah.
1202 ance of that common intention a criminal act is done by them, each of them is liable for that act as... |
Appeals Nos. 2 and 4 of 1955.
Appeal by Special Leave from the Order dated the 18th day of November 1954 of the Labour Appel 1243 late Tribunal of India, Bombay in Application (Misc.) Bombay No. 773 of 1954.
H. M. Seervai, J. B. Dadachanji and Rajinder Narain, for the appellant in Civil Appeal No. 2 of 1955 and respond... | Held, (i) that the ordinary and primary jurisdiction of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950 is appellate; (ii) that section 22 of the Act confers on the appellate tribunal a special jurisdiction which is in the nature of original jurisdiction; (iii) tha... |
Appeals Nos. 97 and 98 of 1952.
Appeals under Articles 132(1) and 133(1)(c) of the Constitution of India from the Judgment and Decree dated the 13th October 1950 of the High Court of Judicature at Patna in Miscellaneous Judicial Cases Nos. 140 and 107 of 1950.
M. C. Setalvad, Attorney General for India (G. N. Joshi, La... | The relevant portion of article 5 of the Constitution reads: "At the commencement of this Constitution every person who has his domicile in the territory of India and who was born in the territory of India shall be a citizen of India".
Article 7 of the Constitution lays down: "Notwithstanding anything in article 5, a p... |
Appeal No. 215 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 23rd day of August 1954 of the High Court of Judicature at Bombay in Special Civil Application No. 1665 of 1954 under Article 226 of the Constitution of India.
R. B. Kotwal, J. B. Dadachanji and Rajinder Narain, for the appellant.
Nau... | The first respondent Municipality governed by the Municipal Boroughs Act, 1925 (Bombay Act XVIII of 1925) consists of 32 councillors, S, (the appellant) being one of them.
The last general election to the Municipality took place on the 7th May 1951.
The term of the councillors was three years computed from the first me... |
minal Appeals Nos.
95 to 97 and 106 of 1954.
1151 Appeal by Special Leave from the Judgment and Order dated the 24th August 1953 of the High Court of Judicature for the State of Punjab (Circuit Bench, Delhi) in Criminal Revision Nos.
109 D, 122 D and 123 D of 1953 arising out of the Judgment and Order dated the 25th Ma... | Held, that section 5(4) and proviso to section 3 of the Prevention of Corruption Act, 1947 (II of 1947) and the corresponding section 5 A of the Prevention of Corruption (Second Amendment) Act, 1952 (LIX of 1952) are mandatory and not directory and that an investigation conducted in violation thereof is illegal.
If cog... |
22 of 1955.
Under Article 32 of the Constitution for a Writ in the nature of habeas corpus.
Sadhan Chandra Gupta (The Petitioner also present) for the petitioner.
M. C. Setalvad, Attorney General of India (B. Sen, and I. N. Shroff, for P. K. Bose, with him) for the respondents.
February 23.
The Judgment of the Court wa... | The petitioner, a West German subject, was placed under pre ventive detention by an order of the West Bengal Government under section 3(1)(b) of the on the ground that he was a foreigner within the meaning of the and that it had become necessary to make arrangements for his expulsion from India and therefore he was req... |
minal Appeal No. 139 of 1954.
1333 Appeal by Special Leave from the Judgment and Order dated the 29th April 1954 of the Allahabad High Court in Criminal Appeal No. 1101 of 1953 and Referred No. III of 1953 arising out of the Judgment and Order dated the 3rd September 1953 of the Court of the Sessions Judge at Fatehpur ... | Where a person has been charged along with others under sections 302 and 307 of the Indian Penal Code each, only as read with section 149 of the Code, his convictions and sentences for the substantial offences under sections 302 and 307 of the Code are erroneous.
The absence of specific charges in this behalf is a seri... |
Appeal No. 208 of 1952.
Appeal by Special Leave from the Judgment and Order dated the 28th day of September 1951 of the Authority under the , Bombay in Application No. 500 of 1951.
M. C. Setalvad, Attorney General for India (G. N. Joshi, PorUs A. Mehta and P. G. Gokhale, with him), for the appellant.
J. B. Dadachanji, ... | The Railway Board under the Ministry of Railways of the Gov ernment of India introduced a scheme with effect from the 1st 1346 November 1947 granting compensatory (city) allowance and house rent allowances at certain rates to certain Railway employees (including the 1st respondent who was a railway employee since 1945)... |
Appeal No. 146 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 17th day of December, 1952, of the High Court of Judicature at Madras in Referred Case No. 45 of 1952 arising out of the Report dated the 27th day of March, 1951, of the Court of District Judge, Krishna in C.M.P. No. 123 of 1951.
sect... | It is wrong and inappropriate to implead the Judges of the High Court as respondents in an appeal preferred to the Supreme Court by an Advocate against whom an order of suspension was passed by the High Court under section 12 of the .
In such appeal the proper respondents are the complainant if any, the Bar Council or ... |
Appeal No, 147 of 1953, 1355 Appeal by Special Leave from the Judgment and Order dated the 24th day of August 1951 of the High Court of Judicature at Bombay in Appeal No. 50 of 1951 arising out of the Order dated the 19th day of June 1951 of the said Court exercising Original Jurisdiction in Misc.
No. 143 of 1951.
M. C... | The second respondent had been an employee of the Central Railway as a daily rated casual labourer on specified daily wages since 1941.
He continued to receive his wages at the specified rate until October 1949.
In October 1949 he made an application through an official of the Registered Trade Union a person permitted ... |
iminal Appeal No. 22 of 1954.
1446 Appeal under Article 134(1) (c) of the Constitution from the Judgment and Order dated the 27th October 1953 of the Allahabad High Court in Criminal Reference No. 121 of 1953.
K. P. Gupta and A. D. Mathur, for the appellant.
K. B. Asthana and C. P. Lal, for the respondent.
March 15.
Th... | Three accused were convicted by a Magistrate under section 379 of the Indian Penal Code of the offence of theft of the value of Rs. 3 and sentenced to a fine of Rs. 25/ each.
The question for determination was whether the case should have been tried by a Panchayat Adalat constituted under the U. P. Panchayat Raj Act, 1... |
minal Appeal No. 62 of 1953.
Appeal under.
Article 134(1)(c) of the Constitution from the Judgment and Order dated the 27th March 1953 of the High Court of Judicature at Patna in Criminal Revision No. 1290 of 1951 arising out of 79 the Judgment and Order dated the 12th November 1951 of the Court of Sessions Judge, Sing... | In a surety bond the sureties bound themselves for payment of Rs. 50,000 "only in case Mr. Ali Khan fails. . to surrender to the Deputy Commissioner of Singhbhum within three, days of the receipt of the notice of the order or judgment of the Judicial Committee if by the said order or judgment the sentence is upheld eit... |
Appeal No. 207 of 1954.
Appeal by special leave from the Judgment and Order dated the 31st day of August 1953 of the Labour Appellate Tribunal of India, Lucknow, in Appeal No. III 57 of 1953.
A. section R. Chari (Bawa Shiv Charan ' Singh and M. R. Krishna pillai, with him), for the appellant.
Achhru Ram (Naunit Lal, wi... | The appellant was appointed head cashier in one of the branches of the respondent Bank by the Treasurers who were in charge of the Cash Department of the Bank by virtue of an agreement between them.
The question arose as to whether the appellant was an employee of the Bank.
(i) that the terms of the agreement clearly s... |
Appeal No. 74 of 1952.
Appeal by Special Leave from the Judgment and Decree dated the 10th November 1948 of the High Court of Judicature at Bombay in Appeal from Original Decree No. 274 of 1945 arising out of the decree dated the 17th March 1945 of the Court of Revenue Judge, Bombay in Suits Nos. 7 and 23 of 1943.
C. K... | In the island of Bombay certain lands were held on a tenure known as "Foras".
Under section 2 of Bombay Act VI of 1851 the occupants were entitled to hold the lands subject only to the payment of revenue then payable.
Between 1864 and 1867 the Government of India acquired these lands under the provisions of the Land Ac... |
Appeal No. 260 of 1953 and connected appeal (C.A. No. 12 of 1954).
Appeals from the Judgment and Decree dated the 11th day of May 1951 of the High Court of Judicature at Patna in Miscellaneous Appeal No. 253 of 1950 and in appeal from Original Order No. 252 of 1950 arising out of the order dated the 11th day of May 195... | The appellant, a contractor, entered into a contract with the Dominion of India for the supply of bricks.
A clause in the contract required all disputes arising out of or relating to the contract to be refered to arbitration.
Disputes arose and the matter was duly referred.
The arbitrator gave an award in the contracto... |
Appeal No. 11 of 1954.
68 Appeal from the judgment and Decree dated the 20th day of June 1950 of the High Court of Judicature for the State of Punjab at Simla in Regular First Appeal No. 73 of 1941 arising out of the Decree dated the 19th day of December 1940 of the Sikh Gurudaras Tribunal, Lahore in Suit No. 11 of 193... | The plaintiff which is the Committee of Management for all Gurudwaras situated within the Municipal limits of Amritsar, except the Gurudwara Sri Akal Takht Sabib, was constituted prior to the year 1930 and by virtue of section 85(2) of the Sikh Gurudwaras Act (Punjab Act VIII of 1925) became the Committee concerned wit... |
Appeal No. 43 of 1954.
Appeal under Article 132(1) of the Constitution of India from the Judgment and Order dated the 22nd November 1952 of the Judicial Commissioner 's Court, Ajmer, in Misc.
Petition No. 226 of 1952.
N. C. Chatterji (I. N. Shroff, with him) for the appellant.
Porus A. Mehta and P. G. Gokhale for the r... | Under section 40 of the Ajmer Laws Regulation of 1877 (Reg. III of 1877) the Chief Commissioner is empowered, among other things, to make rules about. . . . the establishment of a proper system of conservancy and sanitation at fairs. . . . .
The first three sub rules of Rule 1, framed by the Chief Commissioner prohibit... |
Appeals Nos. 92 and 94 of 1950.
24 Appeals from the Judgments and Decrees dated the 20th March 1942 of the Allahabad High Court in First Appeal Nos.
154 and 152 of 1934 arising Out Of the Judgments and decrees dated the 25th August 1932 of the Court of First Additional Subordinate Judge, and First Additional Civil Judg... | A family arrangement can, as a matter of law, be inferred from a long course of dealings between the parties.
It is well settled that a compromise or family arrangement is based on the assumption that there is an antecedent title of some sort in the parties and the agreement acknowledges and defines what that title is,... |
on No. 40 of 1955.
Under Article 32 of the Constitution for a Writ of Habeas Corpus.
208 Purshottam Trikumdas, (K. B. Asthana, Syed Murtaza Fazl Ali and Rajinder Narain, with him) for the petitioner.
M.C. Setalvad, Attorney General for India and C.K Daphtary Solicitor General for India (Porus A. Mehta and R.H. Dhebar, ... | Held (Per MUKHERJEA C.J., DAS, VIVIAN BOSE, and IMAM JJ.
SINHA J. dissenting) that a Constitution Bench of five or more Judges before which a case happens to be posted in the first instance 207 is competent to split up the case by deciding the constitutional questions and leaving the rest of the case to be dealt with a... |
In the matter of Petition for Special Leave to Appeal No. 230 of 1953.
Rajinder Narain for the Respondents.
N. C. Chatterjee (Sukumar Ghose with him) for the Appellants.
April 5.
The Order of the Court was delivered by MUKHERJEA C.J. This is an application by the respondents in Special Leave Petition No. 230 of 1953, p... | By an order dated May 25, 1954, the Supreme Court granted the petitioners in the case special leave to appeal against the judgment and order of the High Court at Calcutta.
In accordance with the order, the petitioners furnished the security amounts directed to be deposited within the time specified in the order.
The Re... |
Civil Appeal No. 116 of 1953.
Appeal from the Judgment and Order dated the 23rd day of August 1951 of the High Court of Judicature at Calcutta in Appeal No. 112 of 1950 arising out of the order dated the 24th day of March 1950 of the Registrar of Trade Marks in the matter of Registered Trade Mark No. 3815.
C. K. Daphta... | The exercise of the power conferred on the Registrar by section 13 of the is always a matter of discretion to be exercised, not capriciously or arbitrarily but, according to sound principles laid down for the exercise of all judicial discretion.
The existence of the two jurisdictional facts referred to in clauses (a) a... |
Civil Appeal No. 38 of 1954.
Appeal from the Judgment and Decree dated the 14th day of March 1951 of the High Court of Judicature at Patna in M.J.C. No. 230 of 1949.
Mahabir Prasad, Advocate General for the State of Bihar (R. J. Bahadur and section P. Varma, with him '), for the appellant.
C. K. Daphtary, Solicitor Gen... | The appellant in this appeal had been assessed to Income Tax which was reduced on appeal but that assessment was set aside by the Income Tax Appellate Tribunal on the ground that the Indian Finance Act of 1939 was not in force during the assessment year in Chota Nagpur.
On a reference by the Tribunal the High Court con... |
Civil Appeal No. 106 of 1953.
Appeal from the Judgment and Order dated the 4th September 1951 of the High Court of Judicature at Calcutta in Appeal from Original Order No. 131 of 1950 arising out of the Order dated the 29th day of August 1950 of the High Court of Calcutta in its Testamentary Intestate Jurisdiction made... | The expression "defective in substance" in Explanation el.
(a) to section 263 of the means that the defect was of such a character as to substantially affect the regularity and correctness of the previous proceedings.
The omission to issue citations to persons who should have been apprised of the probate proceedings ma... |
Appeal No. 252 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 22nd January 1953 of the Election Tribunal, Vellore in Election Petition No. 35 of 1952.
N.C. Chatterjee (A. N. Sinha and N. H. Hingorani, with him), for the appellant.
C. V. L. Narayan, for respondent No. 1. 1955.
March 29.
The only ... | The question for determination in this appeal was whether the appellant was disqualified under section 7(d) of the Representation of the People Act, 1951 for election to the House of the People.
The material portion of section 7(d) of the Act reads as follows: "A person shall be disqualified for being chosen as and for... |
Civil Appeal No. 200 of 1954.
Under Article 133 of the Constitution and section 109 of the Code of Civil Procedure from the Judgment and decree dated the 6th December 1952, of the Circuit Bench of the Punjab High Court at Delhi (Weston C.J. and Bhandari J.) in Regular First Appeal No. 72 of 1952, arising out of the Jud... | During the years in question cloth was rationed at Lyallpur, then a part.
of the Punjab in undivided India, and sales could only be made to government nominees and other authorised persons.
The plaintiffs, resident in Lyallpur, were the government nominees, The 403 defendant company, with its head office at Delhi had a... |
Civil Appeal No. 85 of 1954.
Appeal under Article 133(1)(c) of the Constitution from the Judgment and Decree dated the 6th November, 1950, of the High Court of Judicature at Allahabad in F.A. No. 141 of 1949.
section Ramaswamy Iyer (K. R. Choudhry, with him) for the appellant.
M. C. Setalvad Attorney Generalfor India (... | The appellant, a member of the United Provinces Civil (Executive) Service, was suspended from service with effect from the 24th August, 1944, pending an enquiry into his conduct.
As a result of enquiry and report by the Commissioner, the Government passed an order on the 25th November, 1944, dismissing the appellant fr... |
Appeal No. 212 of 1954.
Appeal from the Judgment and Decree dated the 10th day of November 1953 of the High Court of Judicature at Bombay in Appeal No. 8 of 1953 under the Letters Patent, against the decree dated the 23rd day of September 1952 of the said High Court in Appeal No. 67 of 1952 from Original Decree arising... | H & S filed a suit against the appellant for recovery of money and during the pendency of the suit a document was executed on the 7th February, 1949, whereby H & S transferred to the respondents all book and other debts due to them together with all securities for the debts and all other property to which they were ent... |
Civil Appeal No. 20 of 1955.
Appeal from the Judgment and Order dated the ' 29th day of September 1954 of the High Court of Judicature at Madras in Original Side Appeal No. 113 of 1954 arising out of the order dated the 9th day of August 1954 of the said High Court in its Ordinary Original Civil Jurisdiction in Applica... | The secured creditor is outside the winding up and can realism his security without the leave of the winding up Court, though if he files a suit or takes other legal proceedings for the realisation of his security he is bound under section 171 of the Indian Companies Act to obtain the leave of the winding up Court befo... |
vil Appeal No. 139 of 1955.
Appeal under Articles 132 and 133 of the Constitution of India against the Judgment and Order dated the 23rd December 1953 of the High Court of Judicature for the State of Punjab in Civil Writ Application No. 24 of 1953.
N.C. Chatterjee, (B. section Narula, with him) for the appellant.
G.S. ... | The provisions of the Representation of the People Act and the Rules framed thereunder assign distinct and different jurisdictions to the Election Commission and an Election Tribunal so far as a Return of election expenses is concerned.
Where there are allegations of major corrupt practices and a Tribunal constituted i... |
ivil Appeal No. 26 of 1955.
Appeal under Article 136 of the Constitution of India from the Judgment and Order dated the 28th February, 1953, of the Election Tribunal, Vellore, in Election Petition No. 84 of 1954.
N.C. Chatterjee, (R. Ganapathy Iyer, with him), for the appellant.
Naunit Lal, for respondent No. 1. 1955.
... | The appellant, who fought and won the election as a Congress candidate, had applied to the Tamil Nad Congress Committee on 12 9 51 for party nomination stating his desire "to contest as a Congress candidate in the forthcoming election '? and paid a sum of Rs. 500 of which Rs. 100 was subscription for membership and Rs.... |
ivil Appeal No. 21 of 1955.
Appeal under Article 133(1)(c) of the Constitution of India against the Judgment and Order dated the 12th January 1954 of the Pepsu High Court in Civil Misc.
No. 182 of 1953.
M. C. Setalvad, Attorney General of India, Veda Vyas and Jagannath Kaushal, (Naunit Lal, with them),for the appellant... | Where the respondent in an election petition contended that the allegations in the election petition were vague and wanting in particulars, but did not call for any particulars which it was open to him to do and was not found to have been misled or in any way prejudiced in his defence, it was not open to him to contend... |
201 of 1952) under article 32 of the Constitution for the enforcement of fundamental rights.
B. K. Varma.and G. C. Mathur for the petitioner.
M.C. Setalvad, Attorney General for India, (Porus A. Mehta, with him) for the respondent.
March 13.
The Judgment of the Court was delivered by BOSE J.
This is a petition under ar... | The petitioner was employed by the Government of India on a five year contract in the Resettlement and Employment Directorate of the Ministry of Labour.
When his contract was due to expire the Government made him a new offer to continue him in service in his post temporarily for the period of the Resettlement and Emplo... |
ivil Appeal No. 136 of 1965.
Appeal by Special Leave from the Judgment and Order dated the 15th November 1954 of the Election Tribunal, Quilon, Travancore Cochin, in Election Petition No. 18 of 1954.
section Mohan Kumara Mangalam, H. J. Umrigar and Rajinder Narain, for the appellant.
T. R. Balakrishnan, for respondent ... | There is no presumption in Hindu Law that a business standing in the name of a member of the Hindu joint family is joint family business, even when that member is the manager or the father.
There is this difference between the position of the father starting a new business and a mere manager doing so that while the deb... |
nder Article 32 of the Constitution for the enforcement of fundamental rights.
K.L. Gauba, (Gopal Singh, with him), for the Petitioners in Petitions Nos. 337 to 343 and 481 of 1954.
K.L. Gauba, (section D. Sekhri, with him), for the Petitioners in Petitions Nos. 344, 446 and 349 of 1954.
K. L. Gauba, (R. Patnaik and se... | Under Article 246(2) and (3) of the Constitution, the Legis lature of a State has plenary powers to legislate with respect to matters enumerated in Lists II and III of the Seventh Schedule to the Constitution.
The legislative competence of the State Legisla 165 ture can only be circumscribed by express prohibition cont... |
ivil Appeal No. 158 of 1954.
Veda Vyas, (section K. Kapur and Ganpat Rai, with him), for the appellants.
M. C. Setalvad, Attorney General for India (.ill.
N. Phadke and Naunit Lal, with him), for respondent No. 1. 1955.
May 2.
The Judgment of the Court was delivered by JAGANNADHADAS J.
This is an appeal by special leav... | The appellants, two of the electors of the Akola Constituency of the Madhya Pradesh State Assembly, filed an Election Petition against Respondent No. 1, the successful candidate in the election held on December 13, 1951, and the three other respondents who having been validly nominated went to the polls but were defeat... |
67 of 1955.
Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
M. C. Setalvad, Attorney General of India, C. K. Daphtary, Solicitor General of India, G. section Pathak, (J. B. Dadachanji, A. P. Sen, Rameshwar Nath and Rajinder Narain, with them), for the petitioners.
T. L. Shevde, ... | The petitioners are carrying on business on a very large scale of making and selling bidis having their head office in Jabalpur in the State of Madhya Pradesh and are registered as "dealer" for the purposes of the Central Provinces and Berar Sales Tax Act, 1947.
In the course of their said business, the petitioners imp... |
ons Nos. 652 of 1954 and 71 to 77 and 85 of 1955.
Under Article 32 of the Constitution for the enforcement of fundamental rights.
G. section Pathak, (P. N. Mehta and G. C. Mathur, with him) for the petitioners in Petition No. 652 of 1.954.
P. N. ~Mehta and G. ~0.
~Mathur, for the petitioners in Petitions Nos.
71 to 77 ... | For a long period of time prior to 1950 the text books for recognised schools in the State of Punjab were prepared by private publishers with their own money and under their own arrangements and they were submitted for the approval of the Government.
The Government approved some books on each subject as alternative tex... |
ivil Appeals Nos. 132, 133 and 137 of 1955 and Petition No. 567 of 1954.
Appeals under Article 132(1) of the Constitution of India from the Judgment and Order dated the 18th October 1954 of the Nagpur High Court in Misc.
Peti 486 tions Nos. 265, 348 and 275 of 1953 respectively and Petition under Article 32 of the Cons... | Held, per section B. DAs ACTING CHIEF JUSTICE, BHGWATI,JAFER IMAM and CHANDRASEKHARA AIYAR JJ.
(JAGANNADHADAS J. 484 dissenting).
The bans imposed by Article 286 of the Constitution on the taxing powers of the States are independent and separate and each one of them has to be got over before a State Legislature can imp... |
minal Appeal No. 20 of 1954.
Appeal from the Judgment and Order dated the 26th August, 1953, of the Bombay High Court in Criminal Revision Application No. 51 8 of 1953 arising out of the Judgment and Order dated the 9th December, 1952, of the Court of Presidency Magistrate, Bombay, in Case No. 3442/P of 1952.
section P... | The appellant in this appeal was convicted by the Presidency Magistrate, Bombay, of an offence under section 66(b) of the Bombay Prohibition Act (Act XXV of 1949) and sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs., 250 or in default to undergo rigorous imprisonment for one month... |
Criminal Appeal No. 88 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 7th January, 1954 of the Allahabad High Court in Criminal Appeal No. 377 of 1953 connected with Criminal Revision No. 461 of 1953 arising out of the Judgment and Order dated the, 17th November, 1952 of the Court of Additional ... | A question of sentence is a matter of discretion and it is well settled that when discretion has been properly exercised along accepted judicial lines, an appellate court should not interfere to the detriment of an accused person except for very strong reasons which must be disclosed on the face of the judgment.
In a m... |
Nos. 186 & 195 of 1954.
Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
S.C. Isaacs, (Mohan Behari Lal and P. K. Ghosh, with him) for the petitioners in both petitions.
M. C. Setalvad, Attorney General of India (Porus A.Mehta and P. G. Gokhale, with him) for the respondents.
Sep... | The petitioners, two Insurance Companies, carrying on business both in life insurance and general insurance, questioned the validity of notifications issued against them under section 52 A of the Insurance Act for appointment of Administrators to take over management of their affairs on the ground, inter alia, that sec... |
iminal Appeal No. 9 of 1955.
Appeal by special leave from the Judgment and Order dated the 26th September, 1951, of the Hyderabad High Court in Criminal Confirmation No. 638/6 of 1951 and Criminal Appeal No. 770 of 1951, arising out of the Judgment and Order dated the 27th June, 1951, of the Court of the Sessions Judge... | The appellant was put up on his trial on a charge of murder.
The trial continued for 41/2 years.
His brother who was a co accused absconded.
The evidence against the appellant was circumstantial.
His confession, made 8 days after his arrest, led to certain discoveries but he was never questioned about it by the trial c... |
os. 621, 655 and 678 of 1955.
Under Article 32 of the Constitution for the en forcement of fundamental rights.
N.C. Chatterjee (section K. Kapur and Ganpat Rai, with him) for the petitioners.
533 M. C. Setalvad, Attorney General for India (Kan Singh and P. G. Gokhale, with him) for respondent No. 1.
K.R. Chowdhury, for... | The petitioners, who are jagirdars of Marwar, sought to impugn the constitutional validity of sections 81 to 86 of the Marwar Land Revenue Act which embody a scheme for fixing fair and equitable rents payable by cultivating tenants on the ground that they infringed their fundamental rights under articles 14, 19(1)(f) a... |
riminal Appeal No. 19 of 1955.
Appeal by Special Leave from the Judgment and Order dated the llth May 1954 of the Patna High Court in Death Reference No. 8 of 1954 with Criminal Appeal No. 142 of 1954 arising out of the Judgment 571 and Order dated the 12th March 1954 in Sesssions Trial No. 2 of 1954.
B. P. Maheshwari,... | The standard of proof required to convict a person on circumstantial evidence is well established by a series of decisions of the Supreme Court.
According to that standard the circumstances relied upon in support of the conviction must be fully established and the chain of evidence furnished by those circumstances must... |
Appeal No. 95 of 1953.
On appeal from the Judgment and decree dated the 29th day of June 1951 of the Bombay High Court in Appeal No. 93 of 1949 arising out of the order dated the 16th September 1949 of the Court of Bombay City Civil Court at Bombay in Award No. 45 of 1949.
M.C. Setalvad, Attorney General of India (H. J... | The appellants share broker carrying on business in the City of Bombay and a member of the Native Share and Stock Brokers ' 858 Association was employed by the respondent for effecting sales and purchases of shares on her behalf.
The appellant effected purchases of 25 shares of Tata Deferred and 350 shares of Swadeshi ... |
Nos. 189 to 193 of 1955.
Petitions under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
G. section Pathak, (Rameshwar Nath and Rajinder Narain, with him) for the petitioners in Petition No. 189 of 1955.
Rameshwar Nath and Rajinder Narain, for petitioners in Petition No. 190 of 1955.
... | The petitioners who carried on their business as stage carriage operators of Madhya Pradesh for a considerable number of years challenged the constitutional validity of the C.P. & Berar Motor Vehicles (Amendment) Act, 1947 (Act III of 1948) which amended the (Central Act IV of 1939) and conferred extensive powers on th... |
Appeal No. 229 of 1953.
Appeal under Article 132(1) of the Constitution of India from the Judgment and Order dated the 16th December 1952 of the Bombay High Court in Appeal No. 110 of 1952.
M. C. Setalvad, Attorney General of India (Porus 110 868 A. Mehta and R. H. Dhebar, with him) for the appellant.
Rajinder Narain f... | Held, that the Government of Bombay was entitled, under clause (a) of sub section (4) of section 6 of the Bombay Land Requisition Act, 1948 (Bombay Act XXXIII of 1948) to requisition as for a public purpose, certain premises for 'housing a member of the staff of a foreign consulate '.
The purpose for which the requisit... |
286 of 1955.
Under Article 32 of the Constitution for the enforcement of Fundamental Rights.
H.Mahapatra and G. C. Mathur, for the petitioners.
C. K. Daphtary, Solicitor Generalfor India, (Porus A. Mehta and P. G. Gokhale, with him), for respondent No. 1. 921 1955.
October 27.
The Judgment of the Court was delivered by... | The petitioners obtained oral licenses for catching and appropriating fish from specified sections of the Chilka Lake from its proprietor, the Raja of Parikud, on payment of heavy sums and obtained receipts in accordance with the prevailing practice.
This was before the passing of the Orissa Estates Abolition Act of 19... |
Appeal No. 92 of 1953.
Appeal under section 110 of the Civil Procedure Code from the Judgment and Decree dated the 8th November 1949 of the Bombay High Court in Appeal from Original Decree No. 195 of 1947 arising out of the Judgment and Decree dated 20th December 1946 of the Court of Civil Judge, Senior Division, Shola... | This appeal to the Supreme Court was from a reversing decree of the Bombay High Court in a suit for possession of certain immovable properties.
The suit was dismissed by the trial court on 20 12 1946, the value of properties being found to be over Rs. 10,000.
The decree of the High Court allowing the plaintiff 's claim... |
Appeal No. 219 of 1954.
On appeal from the Judgment and Order dated the 4th day of April 1952 of the Madras High Court in Civil Miscellaneous Petition No. 8302 of 1950.
V. K. T. Chari, Advocate General of Madras (R. Ganapathy Iyer and P. G. Gokhale, with him) for the appellant.
R. Kesava lyengar, (M. section K. Iyengar... | At the time of passing of the Madras Estates (Abolition and Conversion into Ryotwari) Act (Madras Act XXVI of 1948), a 15/16th portion of village Karuppur situated within the Zamindari of Ramanathapuram was hold by the inamdars under a pre settlement grant confirmed by the British Government, the estate being permanent... |
Appeal No. 195 of 1954.
Appeal by special leave from the judgment and order dated the 20th May, 1953 of the CustodianGeneral of Evacuee Property, New Delhi in Revision No. 387 R/Judl/53.
Achhru Ram, (Ganpat Rai, with him) for the appellant.
C. K. Daphtary, Solicitor General of India, (Porus A.Mehta and R. H. Dhebar, wi... | The appellant, a displaced person from Lahore, was the owner of a house there and on the 10th of October, 1947, she arranged to have it exchanged with certain lands in a village in the State of Delhi, belonging to M, an evacuee.
On the 23rd of February, 1948, she made an application to the Additional Custodian of Evacu... |
ons Nos. 354 to 359, 362, 370 to 385, 387 to 469, 471 to 475, 477 to 479) 482 to 486, 488) 490, 491 , 493 to 497, 502, 503, 510, 511 to 521, 525, 527 to 529, 535 to 563, 570, 572 to 575, 577 to 584, 586 to 588, 592 to 595, 597, 600@ 602, 603, 606 to 610, 613 to 619, 624, 626 to 634, 637 to 645, 653, 654, 656 to 659, 66... | The Bill which came to be enacted as the Rajasthan Land Re forms and Resumption of Jagirs Act was prepared in the Ministerial Department of the Government of Rajasthan.
It was approved by the Rajpramukh on 8 2 1952, and reserved for the consideration of the President, who gave his assent to it on 13 2 1952.
By notifica... |
Appeal No. 136 of 1953.
Appeal by Special Leave from the Judgment and Order dated the 4th day of May 1949 of the High Court of Judicature at Patna in Appeal from Appellate Decree No. 1918 of 1947 against the Decree dated the 23rd day of July 1947 of the Subordinate Judge, Arrah in Appeal No. 137 of 1946 arising from th... | Though a female is personally disqualified from officiating as a Pujari for the Shastrically installed and consecrated idols in the temples, the usage of a Hindu female succeeding to a priestly office and getting the same erformed through a competent deputy has been well recognised and it is not contrary to textual Hin... |
iminal Appeal No. 42 of 1955.
On Appeal by Special leave from the Judgment and Order dated the 8th October 1954 of the Bombay High Court in Criminal Appeal No. 315 of 1954 arising out of the Judgment and Order dated the 6th January 1954 of the Court of the 4th Presidency Magistrate, Bombay in Cases Nos.
639 40/P 1955.
... | According to the definition of criminal conspiracy in section 120 A ' of the Indian Penal Code two or more persons must be patties, to such an agreement and one person alone can never be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself.
Where, therefore, 4 named individuals... |
217 of 1955.
Under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
N. C. Chatterjee, (Vir Sen Sawhney and Ganpat Rai, with him), for the petitioners.
Lal Narain Sinha, (Bajrang Sahai and section P. Verma, with him), for respondent No. 2. 1955.
October 28.
The Judgment of the Court was... | On the 29th of December, 1947, petitioner No. 1 executed a lease to C (a company) of certain properties consisting of lands and buildings comprised in the estate belonging to him.
Subsequently, in 1949 he executed a deed of settlement whereby he transferred the properties to three trustees, namely, himself and petition... |
306 of 1954.
Under Article 32 of the Constitution for the enforcement of Fundamental Rights.
Kundan Lal Mehta and B.R.L. Iyengar, for the petitioner.
C.K. Daphtary, Solicitor General of India (Porus A. Mehta and R. H. Dhebar, with him) for the respondent.
October 28.
The Judgment of the Court was delivered by JAGANNADH... | The applicant purchased certain agricultural lands from a Muslim evacuee.
The sale deed was executed, registered and possession was delivered to the applicant in September, 1947, before the East Punjab Evacuees ' (Administration of Property) Act of 1947 came into operation on the 12th of December, 1947.
By subsequent a... |
Appeal No. 159 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 27th day of June 1952 of the Calcutta High Court in Matter No. 214 of 1951 A reference under section 57 of the Indian Stamp Act.
M. C. Setalvad, Attorney General of India (B. Sen and P. K. Bose, with him) for the appellant.
section Ch... | Held per section R. DAS, ACTING C. J., VENKATARAMA AYYAR, JAFER IMAM and CHANDRASEKHARA AIYAR JJ.
(BHAGWATI J. dissenting) the contention that the word "matter" in section 5 of the Indian Stamp Act was intended to convey the same meaning as the word "description" in section 6 is without force.
In its popular sense, the... |
Appeal No. 183 of 1952.
Appeal by special leave from the Judgment and Decree dated the 16th day of February 1950 of the Madras High Court in Second Appeal No. 1826 of 1945 from Original Decree dated the 16th March, 1945, of the Court of District Judge, East Godavari at Rajahmundry in A.S. No. 32 of 1943 arising out of ... | The appellant was the assignee of a mortgage dated 14 12 1911, executed by A, which comprised.
lands belonging to the mortgagor and also a mortgage executed by the respondents in his favour on 19 7 1909.
The appellant instituted a suit in the court of the Subordinate Judge of Kakinada, for the recovery of the amount du... |
iminal Appeal No. 60 of 1954.
Appeal under Article 134(1)(c) of the Constitution of India from the Judgment and order dated the 19th January 1954 of the Calcutta High Court in Criminal Revision No. 865 of 1953 arising out of the Judgment and Order dated the 29th April 1953 of the Court of Third Municipal Magistrate, Ca... | The Corporation of Calcutta is not precluded from taking proceedings under section 363 of the Calcutta Municipal Act, 1923 by reason of its having taken proceedings prior thereto under section 488 of the Act read with Rule 62 of Schedule XVII.
The question of inconvenience to neighbours is not relevant for the purpose ... |
minal Appeal No. 150 of 1954.
On appeal by leave from the judgment and order dated the 23rd March 1954 of the Allahabad High Court (Lucknow Bench) in Criminal Appeal No. 112 of 1953 connected with Criminal Reference Register No. 15 of 1953 arising out of the judgment and order dated the 24th February 1953 in Sessions T... | The appellant was tried by the Sessions Judge with the aid of assessors for an offence under section 409, I.P.C. for misappropriating certain sums of money received as promoter of a Company from three ,different persons for the purpose of allotment of shares and omitted to be brought into the Company after it was forme... |
minal Appeal by Special Leave from the Judgment and Order dated the 4th July 1952 of the Calcutta High Court in Criminal Revision No. 312 of 1952 arising out of the Order dated the 12th March 1952 of the Court of Presidency Magistrate at Calcutta in Case No. C/2867 of 1950.
section C. Isaacs (C. P. Lal with him) for th... | In pursuance of a search warrant issued under section 6 of the Taxation on Income (Investigation Commission) Act, 1947 authorising four Officials to search two premises in Calcutta, they went there and forcibly broke open the entrance door of a flat in one case and the lock of the door of a room in the other case.
On b... |
262 of 1955.
Under Article 32 of the Constitution for a Writ in the nature of Habeas Corpus.
R. V. section Mani, the next friend, in person.
M. C. Setalvad, Attorney General for India (G. N. Joshi and Porus A. Mehta, with him).
Naunit Lal, for the respondent.
984 1955.
November II.
The Judgment of the Court was deliver... | No question of infringement of any fundamental right under article 21 arises where the detention complained of is by a private person and not by, a State or under the authority or orders of a State, and the Supreme Court will not, therefore, entertain an application for a writ of have a corpus, under article 32 of the ... |
Appeal No. 312 of 1955.
On appeal by special leave from the judgment and order dated the 19th October 1955 of the Andhra High Court at Guntur in 0.
section Appeal No. I of 1955 1068 arising out of the Order dated the 26th day of September 1955 of the said High Court in its Ordinary Original Civil Jurisdiction in O.P. N... | An application was filed by the first respondent under section 162 clauses (v) and (vi) of the Indian Companies Act for the winding up of the Company on the grounds, inter alia, that the affairs of the Company were being mismanaged and that the directors had misappropriated the funds of the Company.
In the alternative ... |
iminal Appeal No. 97 of 1953.
Appeal under Article 134(1)(c) of the Constitution from the judgment and order dated the 15th June 1953 of the Travancore Cochin High Court in Criminal Appeals Nos. 54, 55, 56, 58 and 79 of 1952.
section Mohan Kumaramangalam and section Subramaniam, for the appellants.
Sardar Bahadur, for ... | The appellants were put up for trial along with others before the Court of Sessions.
The charge against them set out the fact that they formed an unlawful assembly, stated the common object specifying in detail the part each accused had played and then gave a list of ten sections of the.
Travancore Penal Code including... |
iminal Appeal No. 75 of 1954.
Appeal by Special Leave from the Judgment and dated the 24th July 1953 of the Bombay High Order a Court in Criminal Revision Application No. 669 of 1953 arising out of the Judgment and Order dated the 29th June 1953 of the Court of Presidency Magistrate, 9th Court at Bandra, Bombay in Case... | The first appellant was prosecuted under section 5 of the Bombay Prevention of Gambling Act (Bombay Act IV of 1887) for being present in a gaming house for the purposes of gaming and was, in addition, charged under section 4(a) of the Act for keeping a gaming house.
The Presidency Magistrate, who tried the case, found ... |
Appeals Nos. 3, 30 and 31 of 1953.
Appeal from the Judgment and Order dated the 12th day of September, 1951, of the High Court of Judicature at Bombay in Income tax Reference No. 27 of 1951 arising out of the order dated the 23rd day of November, 1949, of the Income tax Appellate Tribunal in Income tax Appeal No. 122 o... | The Sassoons had entered into three Managing Agency agree ments as the Managing Agents of three different companies.
They transferred their Managing Agencies to three other companies by formal deeds of assignment and transfer on several dates during the accounting year.
The question for determination was whether in the... |
iminal Appeal No. 62 of 1954.
Appeal by special leave from the Judgment and 0rder dated the 10th June 1953 of the Punjab High Court at Simla in Criminal Revision No. 86 of 1953 arising out of the Judgment and Order dated the 7th January 1953 of the Court of Sessions Judge, Karnal in Criminal Appeal No. 355 of 1952.
N. ... | Held that a Returning Officer acting under se. 33 and 36 of the Representation of the People Act, 1951 and deciding on the validity or otherwise of a nomination paper is not a court within the meaning of sections 195(1)(b), 476 and 476 B of the Code of Criminal Procedure.
Shell Co. of Australia vs Federal Commissioner ... |
Appeals Nos. 9 and 10 of 1954.
On appeal from the Judgment and Order dated the 9th day of June 1952 of the Calcutta High Court in Appeal No. 26 of 1952 arising out of the Order dated the 6th day of December 1951 of the said High Court exercising its Ordinary Original Civil Jurisdiction in Matter No. 110 of 1950.
C.K. D... | Per section R. DAS, ACTING C.j., VIVIAN BOSE, BHAGWATI AND JAGANNADHADAS JJ., SINHA J. dissenting.
The exemption created by the provisions of section 5(2)(a)(iii) of the Bengal Finance (Sales Tax) Act of 1941 must be construed strictly and cannot be extended to sales to Government departments other than those mentioned... |
iminal Appeal No. 90 of 1955.
On appeal by special leave from the Judgment and order dated the 17th June 1955 of the Travancore Cochin High Court at Ernakulam in Criminal Miscellaneous Petition No. 113 of 1955 (R.T. 'No. 4 of 1954 and Criminal Appeal No. 136 of 1954).
B. R. L. Iyengar, for the appellant.
Sardar Bahadur... | A sentence of death passed on the appellant by the Sessions Judge of Trichur (now situated in the United State of Travancore Cochin and previously in the former State of Cochin) was confirmed by the High Court.
Mercy petitions presented to the Raj Pramukh of Travancore Cochin and to the President of India were rejected... |
minal Appeal No. 143 of 1954.
On appeal by special leave from the judgment and order dated the 12th August 1953 of the Patna High Court in Criminal Appeal No. 345 of 1952 arising out of the judgment and order dated the 20th August 1952 of the Court of Additional Session Judge, Darbhanga in Session Case No. 12 of 1952.
... | Although the joint recording of statements made by witnesses during an investigation is a contravention of section 161(3) of the Code of Criminal Procedure and must be disapproved, that by itself does not render the testimony given by such witnesses in court inadmissible.
It is, however, for the court to decide whether... |
Parties will hear their own costs, V.P.S. Appeals dismissed.
Appeal by special leave from the judgment and order dated the 3rd November, 1953 of the High Court of Judicature at Nagpur in Criminal Appeal 1144 No. 220 of 1953 arising out of the judgment and order dated the 21st July 1953 of the Court of Sessions Judge at... | The appellant and his brother were put up for trial on charges under section 302 read with section 34 of the Indian Penal Code.
The appellant was specifically charged with murder in prosecution of the common intention.
There was evidence to show that he and not his brother had struck the fatal blow.
The brother was acq... |
iminal Appeal No. 25 of 1954.
Appeal under Article 134(1) (c) of the Constitution from the judgment and order dated the 12th January 1954 of the Patna High Court in Criminal Miscellaneous Case No. 10 of 1953.
M. C. Setalvad, Attorney General of India and Mahabir Prasad, Advocate General of Bihar (Balbhadra Prasad Sinha... | Held, that a Commissioner appointed under the (XXVII of 1850) is not a court within the meaning of the (XXXII of 1952).
Shell Co. of Australia vs Federal Commissioner of Taxation ([1931] A.C. 275), Huddart,Parker & Co. vs Moorehead ([1909] ; , Rex vs Electricity Commissioners ([1924] 1 K.B. 171), Bharat Bank Limited vs... |
il Appeals Nos. 245 and 202 of 1953.
Appeal under Article 132(1) of the Constitution of India from the judgment and order dated the 27th January 1953 of the Calcutta High Court in Matter No. 139 of 1952.
Ranadeb Chaudhry, Anil Kumar Das Gupta and Sukumar Ghose, for the appellant.
S.M. Bose, Advocate General, ' for West... | The appellant was appointed in March 1948 by the Chief Justice of the Calcutta High Court as Registrar and Accountant General of the High Court on its original side and confirmed therein in November 1948.
He was dismissed from that post with effect from 1st September 1951 by the Chief Justice by his order dated 3rd Sep... |
il Appeals Nos. 22 and 22 A and 301 of 1955.
Appeals by special leave from the judgment and order dated the 4th July 1952 of the Labour Appellate Tribunal of India, Lucknow in Appeals Nos. 391 and 392 of 1951 arising out of the Award dated the 1st November 1951 of the Adjudicator and Additional Regional Conciliation Of... | Held, that adjudication by an adjudicator under the does not mean adjudication according to the strict law of master and servant and that an adjudicator 's award may contain provisions for the settlement of a dispute which no court could order if it was bound by ordinary law.
Thus the scope of an adjudication under the... |
Appeal No. 107 of 1953.
Appeal by special leave from the judgment and decree dated the 7th February 1949 of the Patna High Court in appeal from original decrees No. 230 and 268 of 1945 arising out of the decree dated the 9th 3 day of August 1945 of the Second Court of Subordinate Judge at Monghyr in Title Suit No. 40 o... | The appellants were the purchasers of the mortgagors ' interests in the agricultural lands in suit and deposited the amounts due on the mortgages in court under section 83 of the Transfer of Property Act, which were withdrawn by the representatives of the mortgagees and the mortgages were redeemed.
They were obstructed... |
646 of 1954.
Petition under Article 32 of the Constitution of India.
C. R. Jagadisan, Naunit Lal and T. V. Balakrishnan, (T. V. Balakrishnan, with the permission of the court) for the petitioners.
C. K. Daphtary, Solicitor Genral of India, (G. N. Joshi, B. Ganapathy lyer and R. H. Dhebar, with him) for the respondents.... | Held (Per section R. DAs, ACTING C.J., VIVIAN BOSE, BHAGWATI and B.P. SINHA, JJ.
JAGANNADHADAS J., dissenting) that section 5(1) of the Taxation on Income (investigation Commission) Act, 1947 (Act XXX of 1947) is ultra vires the Constitution as it is discriminatory and violative of the fundamental right guaranteed by a... |
Criminal Appeal No. 104 of 1955.
Appeal by special leave from the judgment and order ' dated September 9, 1953, of the Patna High Court in Jury Reference No. I of 1952 arising out of the ReferencE made on February 16, 1952, by the Assistant Sessions Judge, 2nd Court, Chapra, in connection with Sessions Trial No. 81 of ... | The appellants were charged under sections, 435 and 436 of the Indian Penal Code and were tried by a jury, who returned a majority verdict of guilty.
The Assistant Sessions judge disagreed with the said verdict and made a reference to the High Court.
At the hearing of the reference the counsel for the appellants only c... |
396 of 1955.
Under Article 32 of the Constitution for a writ in the nature of Habeas Corpus.
R. Patnaik, for the petitioner.
M. C. Setalvad, Attorney General of India, C. K. Daphtary, Solicitor General of India, Raja Jaswant Singh, Advocate General, Jammu and Kashmir ( P. A. Mehta and R. H. Dhebar, with them) for the r... | The petitioner was detained in Kothibagh sub jail in Srinagar by the order of Jammu and Kashmir Government under the provisions of section 3(1)(a)(i) of the Jammu and Kashmir Preventive Detention Act, 2011, 1102 The petitioner challenged the order of detention on the grounds, inter alia, (i) that it encroached on his f... |
iminal Appeals Nos. 53 and 54 of 1956.
Appeals by special leave from the judgment and order dated May 31, 1955, of the Patna High Court in Criminal Revision No. 102 of 1955, arising out of the judgment and order dated January 10, 1955, of the Court of the Sessions Judge of Manbhum Singhbhum of Purulia in Criminal Re vi... | By section 494 Of the Code of Criminal Procedure, 1898: " Any Public Prosecutor may, with the consent of the Court, in cases tried by jury before the return of the verdict, and in other cases before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more... |
iminal Appeal No. 64 of 1955.
26 of 1952.
V. N. Sethi, for the appellant.
R. Ganapathy Iyer and R. H. Dhebar, for the respondent.
December 22.
BOSE J.
The only question in this appeal is whether the High Court bad in mind the principles 1287 we have enunciated about interference under section 417 of the Criminal Proced... | Per BOSE, and CHANDRASEKHARA AIYAR JJ.
(VENKATKRAMA AYYAR J. dissenting).
It is well settled that the High Court should not set aside an order of acquittal under section 417 of the Code of Criminal Procedure simply because it differs from the trial Court as to the appreciation of the evidence; there must be substantial... |
Appeal No. 206 of 1955, 63 On appeal from the judgment and order dated the 5th May 1954 of the Patna High Court in Appeal from the Original Order No. 284 of 1951 arising, out of the order dated the llth July 1951 of the Court of Subordinate Judge, Motihari in Misc.
Case No. 30 of 1951.
Veda Vyas, (section K. Kapur and ... | An executing court cannot go behind a decree so as to vary its terms and when the obligations it imposes on the parties are reciprocal and inseverable, rendering partial execution impossible, the decree must be executed wholly as it stands or not at all.
This is particularly true of a decree for specific performance wh... |
Appeal No. 122 of 1954.
Appeal under section 109(b) read with section 110, C.P.C. from the judgment and order dated the 28th September 1953 of the Orissa High Court in O.S. No. I of 1953.
P. R. Das and Bakshi Tek Chand, with M. Mohantiand section P. Varma, for the appellant.
M. C. Setalvad, Attorney General of India.
B... | The appellant sued the State of Orissa for a declaration that the Orissa Estates Abolition Act of 1951 was in its application to the Kanika Raj, of which he was the Raja and owner, invalid, unconstitutional and ultra vires the State Legislature and for an injunction restraining the State of Orissa from taking any actio... |
Appeals Nos. 123 to 127 and 135 of 1953.
102 On appeal from the judgment and decree dated the 12th May 1950 of the Patna High Court in Appeal from Original Orders Nos. 266, 267, 268, 271, 274 and 280 of 1948 arising out of the Order dated the 26th June 1948 of the Court of the District Judge, Purulia in Insolvency Case... | The six employees in the Tin Plate Co. of India Ltd. were adjudged insolvents.
They were members in a Provident Fund of the said company, having certain amounts standing to their credit in the Fund.
The appellants creditor of the said employees filed applica tions under section 4 of the Insolvency Act against the compa... |
Appeals Nos. 21 and 22 of 1954.
Appeals under Article 133(1) (c) of the Constitution of India from the judgment and order dated the 18th September 1953 of the Travancore Cochin High Court at Ernakulam in O. P. No. 41 of 1952.
M.K. Nambiar, (N. Palpu, Sri Narain Andley and Rajinder Narain) for the appellant in C. A. No.... | The petitioners native of Quilon within the Travancore State had been assessed to income tax for the years 1942 and 1943, the final orders in his assessment having been passed by the Chief Revenue authority of Travancore in December 1946 and November 1946 respectively.
Travancore Taxation on Income (Investigation Commi... |
Appeal No. 17 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 11th day of June 1951 of the Punjab High Court in Civil Reference No. 2 of 1951.
Hardyal Hardy and Sardar Singh, for the appellant.
C. K. Daphtary, Solicitor General of India (G. N. Joshi and R. H. Dhebar, with him) for the 'respondent... | The appellant firm filed appeals against orders assessing it to income tax and super tax for the years 1945 1946 and 1946 1947 beyond the time prescribed by section 30(2) of the Income tax Act.
The appeals were numbered, and notices were issued for their hearing under section 31.
At the hearing of the appeals before th... |
minal Appeal No. 65 of 1954.
Appeal by special leave from the judgment and order dated the 2nd January 1953 of the Judicial Commissioner 's Court at Ajmer in Criminal Appeal No. 3 of 1952 arising out of the judgment and order dated the 4th January, 1952 of the Court of Sessions Judge at Ajmer in Criminal Appeal No. 300... | The appellant was put up for trial under section 420 of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act of 1947 for obtaining a total sum of Rs. 23 12 0 from the Government as T.A., being second class railway fares for two journeys, one from Ajmer to Abu Road and the other from Ajmer to Reeng... |
minal Appeal No. 24 of 1956.
On appeal by special leave from the judgment and order dated the, 26th September 1955 of the Allahabad High Court (Lucknow Bench) in Criminal Appeal No. 195 of 1955 and Capital Sentence No. 17 of 1955 arising out of the judgment and order dated the 11th April 1955 of the Court of the Sessio... | The appellant was sentenced to death for the murder of one and also sentenced to seven years rigorous imprisonment for having robbed the murdered man of his goods, It was established by the evidence on the record that the deceased, a shop keeper of village Jarwal had gone to Lucknow to purchase goods for his shop.
On h... |
Appeal No. 199 of 1955.
Appeal by special leave from the judgment and order dated the 17th day of April 1953 of the Nagpur High Court in Miscellaneous Civil Case No. 53 of 1950.
Nur ud din Ahmad and Naunit Lal, for the appellant.
C. K. Daphtary, Solicitor General of India, G. N. Joshi and B. H. Dhebar, for the responde... | The appellant (a firm) consisted of seven partners and a deed of partnership was executed by all the partners except one who happened to be in Jail being a security prisoner under the Defence of India Rules.
An application for registration of the firm under section 26 A of the Indian Income tax Act was made before the ... |
Appeal No. 235 of 1954.
On Appeal by Special Leave from the Judgment and Order dated the 26th day of February 1953 of the Bombay High Court in Appeal No. 120 of 1952 arising out of the Order dated the II the day of September, 1952 of the said High Court in its Ordinary Original Jurisdiction in Misc.
Application No. 216... | In exercise of the powers conferred by sub section (1) of section 5 of the Bombay Land Requisition Act, 1948 the Government of Bombay requisitioned by an order dated 12th May 1952, the premises specified therein, for a public purpose, namely, for bousiing an officer of the State Road Transport Corporation which is a pu... |
minal Appeal No. 34 of 1955.
Appeal by special leave from the judgment and order dated the 7th June 1954 of the Punjab High Court at Simla in Criminal Revision No. 985 of 1953 arising out of the judgment and order dated the 9th May 1953 of the Court of the Additional District Judge, Ambala.
Ramalal Anand and I. section... | The question as to which Court is competent to make a com plaint under section 476 A read with section 195(3) of the Code of Criminal Procedure where none wag made by the Court in which the offence was committed or its successor Court, will depend on the nature of the proceeding in which the offence was committed, whet... |
os. 651 of 1954 and 39, 46, 51 and 176 of 1955.
45 Under Article 32 of the Constitution of India for the enforcement of fundamental rights.
section P. Sinha (section D. Sekhari, with him), for the petitioner in Petition No. 651 of 1954.
section P., Sinha (B. K. Saran and M. M. Sinha, with him), for the petitioner in Pe... | Sections 38 and 39 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939) as amended by Orissa Act XVIII of 1953 were declared unconstitutional and void by the Supreme Court in Mahant Sri Jagannath Bamanuj Das vs The State of Orissa ([1954] S.C.R. 1046) on the ground that legislation in so far as it... |
s Nos.
604,605, 647 649) 663, 671 and 692 of 1954.
Petitions under Article 32 of the Constitution of India for the enforcement of fundamental rights.
30 section P. Sinha, (B. Patnaik, with him) for the petitioners in P. Nos. 604, 605, 649 and 663 of 1954.
M. C. Setalvad, Attorney General of India, (Porus A Mehta and P.... | The petitioners were owners of Stage Carriage Services holding permits under the Motor Vehicles Act of 1939.
The State Government of Orissa, in pursuance of its scheme of a Nationalised State 'Transport as contemplated by the Orissa Motor Vehicles (Regulation of Stage Carriage and Public Carrier 's Services) Act of 194... |
Appeal No. 195 of 1955.
Appeal from the judgment and order dated the 30th day of December 1953 of the Nagpur High Court in Miscellaneous Civil Case No. 35 of 1952.
Kirpa Ram Bajaj, Hardyal Hardy, with him) for the appellant.
C. K. Daphtary, Solicitor General of India (G. N. Jo8hi and R. H. Dhebar, with him) for the res... | In connection with the assessment for the assessment year 1949 1950 of Dulichand Lakshminarayan an unregistered firm, an application was made under section 26 A of the Indian Income Tax Act, 1922 before Income Tax Officer, Raigarh, for its registration as a firm constituted under a Deed of Partnership dated 17th Februa... |
ON: Criminal Appeals No. 28 to 31 of 1955.
Appeals by special leave from the judgment and order dated the 11th February, 1953 of the Hyderabad High Court in Criminal Appeals Nos. 1260 to 1263 of 1951/1952 arising out of the judgment and order dated the 6th November, 1951 of the Court of the Sessions Judge at Warangal i... | There is no warrant for the extreme proposition that if a man sees the perpetration of a crime and does not give information of it to anyone else, he might well be regarded in law as an accomplice and that he could be put in the dock with the actual criminals.
A person may be present, and, if not aiding and abetting, b... |
ION: Criminal Appeal No. 49 of 1954.
Appeal by special leave from the judgment and order dated the 7th October, 1953 of the Orissa High Court at Cuttack in Criminal Appeal No. 108 of 1952 arising out of the judgment and order dated the 14th November 1952 of the Court of Assistant Sessions Judge at Sambalpur Sundergarh ... | The appellant and four others were placed on their trial before the Assistant Sessions Judge of Sambalpur for offences under sections 120 B, 409, 477 A and 109, I.P.C. with having committed the offences of criminal conspiracy, criminal breach of trust in respect of Government property and falsification of accounts with... |
Civil Appeal No. 1 of 1956.
On appeal from the judgment and order dated the 2nd/21st day of September 1955 of the Madras High Court in Writ Appeal No. 65 of 1955 arising out of the order dated the 5th day of May 1955 of the said High Court in Writ Petition No. 158 of 1955.
G.S. Pathak, B. Ganapathy Iyer and G. Gopalakr... | The appellant and respondent No. 2 along with others applied for stage carriage permits for two routes and the Regional Transport Authority granted a permit for one route to the appellant and for the other route to the respondent No. 2.
Both appealed to the Central Road Traffic Board but the appeals were dismissed.
Nei... |
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