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Civil Appeal No. 32 of 1954.
227 On appeal from the judgment and order dated the 26th September 1951 of the Madras High Court in Case Referred No. 18 of 1949.
C. K. Daphtary, Solicitor General of India (C. N. Joshi and R. R. Dhebar, with him) for the appellant.
R. Ganapathy Iyer, for the respondent.
March 14.
DAS C.J.
... | The assessee a private limited company carried on the busi ness of distribution of films.
In some instances the assessee used to produce or purchase films and then distribute the same for exhibition in different cinema halls and in other cases the assessee used to advance monies to producers of films and secure the rig... |
ON: Criminal Appeal No. 133 of 1955.
Appeal by special leave from the judgment and order dated the 10th January 1955 of the High Court of Judicature at Jodhpur in Criminal Appeals Nos.
57 & 83 of 1953 arising out of the judgment and order dated the 26th May 1953 of the Court of 289 Sessions Judge at Merta in Criminal O... | Common intention required by section 34 of the Indian Penal Code and common object set out under section 149, though they sometimes overlap, are used in different senses and should be kept distinct.
In a case under section 149 there need not be a prior concert and meeting of minds, it is enough that each has the same o... |
on No. 271 of 1955.
Under article 32 of the Constitution for the enforcement of fundamental rights.
S.C. Isaacs (D. N. Mukerji, with him) for the petitioner.
M.C. Setalvad, Attorney General for India, (B. Sen and R. H. Dhebar, with him) for the respondents.
March 20.
DAS C.J. This is an application under article 32 of ... | The petitioners registered firm has its head office in Calcutta where its books of account are kept and maintained and where it has its banking account, the members of the firm being citizens of India.
Since its inception the firm has all along been assessed to income tax by the Income Tax Officer, District III, Calcut... |
on No. 569 of 1954.
Under Article 32 of the Constitution for the enforcement of fundamental rights.
Purshotam Trikamdas, section N. Andley and Rameshwar Nath of M/s Rajinder Narain & Co., for the petitioners.
K. L. Misra, Advocate General of Uttar Pradesh, section P. Sinha, K. B. Asthana and C. P. Lal, for the res pond... | The petitioners Ex patwaris under the State of Uttar Pradesh brought the present petition under Article 32 of the Constitution in the Supreme Court alleging that the provisions of articles 14 and 16 of the Constitution had been violated because they bad been denied equality before the law and equal opportunity for empl... |
: Civil Appeals Nos. 191 & 192 of 1953.
Appeal from the judgment and decree dated the 27th October 1949 of the Patna High Court in Appeals from the Original Decrees Nos. 127 & 125 of 1943 arising out of the decrees dated the 30th day of April 1943 of the Court of Additional Subordinate Judge, Hazaribagh in Suits Nos. 2... | Section 18 of the Court of Wards Act, 1879, provides that the Court of Wards "may sanction the giving of leases or farms of the whole or part of any property under its charge, and may direct the mortgage or sale of any part of such property, and may direct the doing of all such other acts as it may judge to be most for... |
ON: Criminal Appeal No. 147 of 1955.
Appeal by special leave from the Judgment and Order dated the 10th May 1955 of the Pepsu High Court at Patiala in Criminal Appeal No. 93 of 1954 arising out of the Judgment and Order dated the 21st June, 1954 of the Court of Sessions Judge at Barnala in Sessions Case No. 18 of 1954.... | So far as knowledge is concerned the court must attribute to the intoxicated man the same knowledge as if he was quite sober but so far as intent or intention is concerned, the court must gather it from the attending general circumstances of the case paying due regard to the degree of intoxication.
If the man was besid... |
ION: Criminal Appeal No. 15 of 1955.
Appeal by special leave from the judgment and order dated the 24th March, 1953 of the Calcutta High Court in Criminal Appeal No. 94 of 1952 arising out of the Judgment and order dated the 22nd April 1952 373 of the Court of Sessions Judge, Murshidabad in Sessions Trial No. 1 of 1952... | A Sessions Judge, even if he disagrees with the verdict of the Jury, must normally give effect to that verdict unless he is clearly of opinion that no reasonable body of men could have given the verdict which the Jury did.
Ramnugrah Singh vs King Emperor, ([1946] L.R. 73 I.A. 174), relied on.
A Sessions Judge need not ... |
Civil Appeals Nos. 310 and 311 of 1955.
Appeals under Article 132 of the Constitution from the judgment and order dated the 6th April, 1955 of the Assam High Court in Title Suits Nos. 1 & 3 of 1955.
N. C. Chatterji, P. N. Mitter, D. N. Mukerji and R. R. Biswas, for the appellant in C. A. No. 310 of 1955.
P.K. Chatterji... | The appellants by two suits, which were heard by a Full Bench of the Assam High Court, challenged the Constitutional validity of the Assam State Acquisition of Zamindaries Act of 1951 as amended by the Assam Act VI of 1954.
The Assam Legislative Assembly had passed the Bill on March 28, 1949.
It was presented to the Go... |
ION: Criminal Appeal No. 49 of 1955.
Appeal by special leave from the order dated the 9th July, 1954 of the Punjab High Court at Simla in Criminal Revision No. 778 of 1954 arising out of the judgment and order dated the 30th June 1954 of the Court of Additional Sessions Judge, ' Amritsar in Criminal Appeal No. 409 of 1... | The appellants were members of a procession taken out to protest against the policy of the Punjab Government to nationalise motor transport and raised the slogans "Jaggu mama hai hai (Jaggu, maternal uncle be dead)" and "Khachar Khota hai hai (mule cumdonkey be dead)".
The words were directed against the Transport Mini... |
ions Nos. 585, 599, 611, 622, 625, 565, 576 of 1954 and 48, 58, 415, 416 of 1955 and 10, 16, 37, 39 and 47 of 1956.
397 Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
G.S. Pathak, Rameshwar Nath and K. R. Chowdhry, for petitioners in Petitions Nos. 10, 37 and 47 of 1956.
J.N. B... | The petitioners challenged the constitutional validity of the U.P. Sugarcane (Regulation of Supply and Purchase) Act of 1953, and two notifications issued by the State Government on September 27, 1954 and November 9, 1955, the former under sub sec.
1(a) read with sub sec.
2(b) of section 16 of the impugned Act providin... |
ON: Criminal Appeal No. 140 of 1954.
Appeal by special leave from the judgment and order dated the 23rd July 1953 of the Punjab High Court.
in Criminal Revision No. 487 of 1953 arising out of the judgment and order dated the 17th April 1953 of the Court of Sessions Judge at Hoshiarpur in Criminal Appeal No. D/I of 1953... | Section 7(3) of the East Punjab Essential Services (Mainten ance) Act, 1947, provides that "no court shall take cognisance of any offence under this Act except upon complaint in writing made by a person authorised in this behalf by the State Government".
Held, that the law does not require that the particular com plain... |
ON: Criminal Appeal No. 152 of 1954.
Appeal by Special Leave from the Judgment and Order dated the 20th October 1953 of the Bombay High Court in Criminal Appeal No. 652 of 1953 arising out of the Judgment and Order dated the 9th April 1953 of the Court of Presidency Magistrate.
19th Court, Bombay in Criminal Case No. 1... | The appellant was the Managing Director of a bank and held a power of attorney to act on behalf of its Directors and authorising him to borrow money on behalf of the bank.
Certain Government Promissory Notes were pledged with the bank by another bank to cover an overdraft account up to a specified amount.
There was, ho... |
civil Appeal No. 353 of 1955.
On appeal by special leave from the judgment and order dated the 22nd August 1955 of the Labour Appellate Tribunal of India at Lucknow in Misc.
Case No. 111 C 650 of 1954.
Veda Vyas, (section K. Kapur and N. H. Hingorani, with him) for the appellant.
J. N. Bannerji, (P. C. Agarwalla, with ... | During the pendency of an appeal before the Labour Appellate Tribunal in respect of a prior industrial dispute between the same parties the management laid off certain workmen and offered to pay compensation equal to half the basic wages and dearness allowance for the first 45 days in accordance with the provisions of ... |
Civil Appeal No. 6 of 1954.
Appeal from the judgment and order dated the 8th day of June 1951 of Calcutta High Court in Income tax Reference No. 1 of 1951.
R. J. Kolah and P. K. Ghosh, for the appellant.
552 G. N. Joshi, Porus A. Mehta and R. H. Dhebar, for the respondent.
May 8.
The Judgment of the Court was delivered... | The appellant who was a timber merchant obtained a loan from the Bank of India on the joint security of himself and a third party, M.
On the same day M obtained a loan from the Imperial Bank of India on the joint security of himself and the appellant.
M failed in his business and the Imperial Bank of India realised the... |
Appeal No. 313 of 1955.
Appeal by special leave from the judgment and order dated the 12th May 1955 of the Punjab High Court at Chandigarh in Liquidation Miscellaneous No. 72 of 1954.
J. B. Dadachanji.
and Rameshwar Nath, for the appellant.
M. C. Setalvad, Attorney General for India and Ratanlal Chowla, for the respond... | The appellant, a displaced person, bad a fixed deposit in the Lahore Branch of the respondent Bank which had its head office at Simla, and he also had at the time a cash credit account in the Bank.
As the Bank refused to pay the amount of fixed deposit on its maturity but adjusted it towards part payment of the amount ... |
on No. 272 of 1955.
66 508 Petition under.
Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
Purshottam Trikamdas, V. R. Upadhya, J. B. Dadachanji and section N. Andley, for the petitioner.
M.C. Setalvad, Attorney General for India, B. Sen and R. H. Dhebar, for the respondents.
May 8.
T... | Section 57, of the Bombay Police Act, 1951 provides that if a person has been convicted of certain offences detailed therein, "the Commissioner, the District Magistrate or the Sub Divisional Magistrate specially empowered by the State Government in this behalf, if he has reason to believe that such person is likely aga... |
ons Nos. 439 & 440 of 1955.
Petitions under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
H. J. Umrigar and R. A. Govind, for the petitioner in Petition No. 439 of 1955.
J. B. Dadachanji, for the petitioner in Petition No. 440 of 1955, M. C. Setalvad, Attorney General of India, B. S... | Section 56 of the Bombay Police Act, 1951, is not unconstitutional and does not contravene the provisions of article 19 of the Constitution.
Gurbachan Singh vs State of Bombay ( ; , followed.
In order to attract the operation of the section the Officer concerned should be satisfied that the witnesses are not willing to... |
Appeal No. 81 of 1954.
Appeal from the judgment and order dated the 10th March 1953 of the Bombay High Court in Income tax Reference No. 35 of 1952.
B. J. Kolah and I. N. Shroff for the appellant.
G. N. Joshi, Porus A. Mehta and R. H. Dhebar for the respondent.
May 10.
The following Judgments were delivered.
BHAGWATI J... | The appellants, a partnership firm assessed under sections 23(3) and 26 A of the Income tax Act, were called upon by the Income tax Officer during the assessment year 1947 48 to explain how and when they came to possess 61 thonsand rupee currency notes which they had encashed on the 18th January, 1946, after the promul... |
iminal Appeal No. 86 of 1954.
Appeal under Article 134(1)(C ) of the Constitution of India from the judgment and order dated the 27th May 1954 of the Calcutta High Court in Criminal Appeal No. 158 of 1953.
640 Sukumar Ghose for the appellant D. N. Mukerjee for P. K. Bose for respondent No. 1.
K. L. Arora for respondent... | The High Court has no jurisdiction to grant certificate under article 134(1)(c) of the Constitution on mere question of fact, and is not justified in passing on such question to the Supreme Court for further consideration, thus converting the , Supreme Court into a Court of Appeal on facts.
No doubt the Supreme Court, ... |
Appeal No. 139 of 1953.
Appeal by special leave from the judgment and order dated the 22nd day of August 1950 of the Nagpur High Court in Miscellaneous Petition No. 67 of 1950.
Radhey Lal Agarwala and B. P. Maheshwari, for the appellant.
C. K. Daphtary, Solicitor General of India (G. N. Joshi and R. H. Dhebar, with him... | The firm of Bhagat Ram Mohan Lal Appellant constituted on 23 8 1940 was registered under section 26 A of the Indian Income tax Act, the partners of the firm according to the registration certificate being (1) Bhagat Ram Mohan Lal (Hindu undivided family), (2) Richpal and (3) Gajadhar, their shares being respectively 8 ... |
Appeal No. 249 of 1953.
On appeal from the judgment and decree dated the 1st day of September, 1949, of the Bombay High Court in Appeal No. 23 of 1947 from original decree arising out of the decree dated the 28th September 1946 of the Civil Judge, Session Division at Belgawn in Suit No. 360 of 1945.
K.R. Beneri, J. B. ... | Certain lands which were originally Watan lands were resumed by the Government after dispensing with the services that were being rendered and full assessment was levied thereon.
Thelands were subsequently described as "Japti Sanadi Inam" lands.
Held, that the lands had lost their character as Watan lands and had becom... |
Civil Appeals Nos.
56 & 57 of 1954.
Appeal from the judgment and order dated the 25th day v of March 1951 of the Madras High Court in Case Referred Nos. 32 of 1948 and 31 of 1950.
K.S. Krishnaswami Iyengar, (K. R. Choudhry, with him) for the appellants.
G.N. Joshi and P. G. Gokhale, for, the respondent.
May 9.
The Judg... | Rules 2 and 6 of the Rules framed under section 59 of the Indian Income Tax Act provide that an application for registration of a firm under section 26 A of the Act and for renewal of registration certificate "shall be signed personally by all the parties".
Held that the word 'personally ' in the Income Tax Rules, as f... |
Appeal No. 250 of 1953, Appeal from the judgment and decree dated July 14, 1948 of the Chief Court of Audh, Lucknow in Second Appeal No. 365 of 1945 arising out of the decree dated May 30, 1945 of the Court of District Judge, Sitapur in Appeal No. 4 of 1945 against the decree dated November 25, 1944 of the Court of Add... | The issue whether a religious endowment is a public or a private one is a mixed question of law and fact the decision of which must depend on the application of legal concepts of a public and a private endowment to the facts found and is open to consideration by the Supreme Court.
Lakshmidhar Misra vs Bangalal ([1949] ... |
os. 102,105 to 110 of 1956.
Petitions under Article 32 of the Constitution for writs in the nature of Habeas Corpus.
N. C. Chatterjee, Sadhan Chandra Gupta and janardhan Sharma; for petitioners in Petitions Nos. 102, 105 to 108 of 1956.
Sadhan Chandra Gupta and Janardhan Sharma, for petitioners in Petitions Nos. 109 an... | Section 3(3) of the , provides that when an order of detention is made by an officer mentioned in section 3(2) he shall forthwith report the fact to the State Government together with the grounds on which the order has been made. . and no such order. shall remain in force for more than twelve days after the making ther... |
Appeal No. 144 of 1955.
Appeal by special leave from the judgment and order dated September 25, 1953, of the Labour Appellate Tribunal of India, Calcutta in Miscellaneous Case No. C 112 of 1953.
C. K. Daphtary, Solicitor General of India, A. B. N. Sinha and B. P. Maheshwari, for the appellant.
section P. Sinha, R. Patn... | The scope of an enquiry under section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950, is whether there is a prima facie case made out for the proposed discharge of the workman and the employer has not resorted to any unfair practice or victimisation.
Though an Industrial Tribunal can create new obligation... |
Appeal No. 224 of 1955.
665 Appeal by special leave from the judgment and order dated the 7th May 1954 of the Allahabad High Court in Civil Miscellaneous Writ No. 133 of 1952.
Naunit Lal for the appellant.
G. C. Mathur and C. P. Lal for respondents Nos.
I & 2. 1956.
September 20.
The Judgment of the Court was delivered... | The appellant was carrying on business, but was not residing within the Town Area of Karhal.
The Town Area Committee imposed a tax of Rs. 25 on him under clause (f) of a. 14(1) of the U.P. Town Areas Act, 1914, being a tax on 'circumstances and property '.
The appellant filed a writ application in the High Court on the... |
Civil Appeal No. 216 of 1953.
On appeal from the judgment and decree dated the 8th March, 1951 of the Mysore High Court in Regular Appeal No. 123 of 1947 48 arising out of the decree dated the 23rd June 1947 of the Court of District Judge, Bangalore in Original Suit No. 84 of 1945 46.
K. section Krishnaswami Iyengar an... | The appellants as defendants in a suit for declaration of title to certain building sites sought to resist the respondents ' claim, arising by purchase from a purchaser in a sale in execution of a mortgage decree passed on a mortgage deed of 1918, by a counter claim based on a purchase of the same lands made in 1920 by... |
Appeal No. 105 of 1954.
Appeal by special leave from the judgment and order dated November 6, 1952, of the Labour Appellate Tribunal, Calcutta in Appeal No. Cal 3 of 1952 773 arising out of the award dated September 25, 1951, of the Court of District Judge, Industrial Tribunal, Calcutta in Case No. VIII 23 of 1951.
sec... | It is well settled that the decisions of a Tribunal on questions of fact are final and that the Supreme Court would interfere only in cases where (1) the Tribunal acts in excess of the jurisdiction conferred upon it under the statute or regulation creating it or where it ostensibly fails to exercise a patent jurisdicti... |
Appeal No. 74 of 1956.
Appeal by special leave from the judgment and order dated September 22, 1955, of the Nagpur High Court in Letters Patent Appeal No. 2 of 1955.
C.K. Daphtary, Solicitor General for India, J. N. Bannerji and P. C. Agarwala, for the appellant.
M.C. Setalvad, Attorney General for India and Naunit Lal... | Rules of natural justice vary with the varying constitutions of statutory bodies and the rules prescribed by the legislature under which they have to act, and the question whether in a particular case they have been contravened must be judged not by any preconceived notion of what they may be but in the light of the pr... |
Appeal No. 162 of 1954.
Appeal by special leave from the judgment and order dated the 21st day of July 1953 of the Labour Appellate Tribunal of India, Lucknow in Miscellane ous Case No. C III 33 of 1952.
H.J. Umrigar and R. A. Govind for the appellant B.P. Maheshwari for the respondent.
October 4.
The Judgment of the C... | The respondent, a stenotypist and the Vice President of the Labour Union, was charged by the appellant with misconduct and indiscipline under clause L(1)(j) of the Standing Orders of the Government of Uttar Pradesh for instigating the workmen to pass a resolution for the removal of the General Manager by a defamatory s... |
Appeals Nos. 124 to 126 of 1954.
Appeals by special leave from the judgment and order dated the 10th day of March 1952 of the Madras High Court in C.M.P. Nos.
10427, 10425 and 10426 of 1951 arising gut of the order dated the 23rd day of February 1951 of the Income Tax Appellate Tribunal, Madras Bench in Reference Appli... | A finding of fact, even when it is an inference from other facts found on evidence, is not a question of law within the meaning of section 66(1) of the Indian Income Tax Act that can be referred to the High Court for its decision.
Such an inference can be a question of law only when the point for determination is a mix... |
100 and 101 of 1956.
Petitions under Article 32 of the Constitution for writs in the nature of Habeas Corpus.
N. C. Chatterjee, Sadhan Chandra Gupta and Janardhan Sharma, for the petitioners.
C. K. Daphtary, Solicitor General for India, Porus A. Mehta and R. H. Dhebar, for the respondents.
September 17.
The Judgment of... | Sub section (3) of section 3 of the , provides that when an order of detention is made under subsection (2) by an officer mentioned therein, he shall forthwith report the fact to the State Government together with the grounds on which the order has been made . and no such order. shall remain in force for more then twel... |
Appeals Nos. 325 of 1955 and 174 of 1956.
Appeal by special leave from the decision and order dated the 29th April 1955 of the Labour Appellate Tribunal of India at Calcutta in Appeal No. Calcutta 110 of 1953 arising out of the award dated 24th June, 1953, of the Industrial Tribunal, Calcutta.
M. C. Setalvad, Attorney ... | An award of an Industrial Tribunal is intended to have a long term of operation, and can be reopened under section 19(6) of the Industrial Disputes Act XIV of 1947 only when there has been a material change in the circumstances on which it was based.
To hold otherwise would be to defeat the two basic objects which all ... |
Appeal No. 247 of 1953.
Appeal by special leave from the judgment and decree dated August 22, 1952 of the Bombay High Court in Appeal No. 66 of 1952 arising out of the decree dated March 7, 1952 of Bombay High Court in its Ordinary Original Civil Jurisdiction in Suit No. 1177 of 1951.
M. C. Setalvad, Attorney General f... | The parties were married in 1942 and there was a child of the marriage.
In 1947 the appellant left for England on business and on his return to India discovered that this wife (respondent) bad been having amorous correspondence with one M, and taxed her with having developed intimacy with him.
She was unable to give an... |
Appeal No. 247 of 1954.
Appeal from the judgment and decree dated July 21, 19 53 of the Labour Appellate Tribunal of India, Third Bench, Lucknow in Appeal.
No. Calcutta 44 of 1952.
G. G. Mathur, for the appellant.
H. J. Umrigar, amicus curiae for the respondent, 874 1956.
October 23.
The Judgment of the Court was deliv... | The appellant company could not work its Mills to full capa city owing to short supply of sugar cane and got the permission of the Government to sell its machinery but continued crushing cane under a lease from the purchaser.
The workmen 's Union in order to frustrate the transaction resolved to go on strike and commun... |
Appeal No. 323 of 1955.
Appeal from the judgment and order dated July 2, 1953 of the Bombay High Court in Special Civil Application No. 159 of 1953.
R. J. Kolah and A. C. Dave, for the appellant.
H. R. Gokhale, K. R. Chaudhury and M. R. Rangaswamy, for respondent No. 2. 1956.
October 31.
The Judgment of the Court was d... | By section 97(1)(c) of the Bombay Industrial Relations Act, 1946: "A strike shall be illegal if it is commenced or continued only for the reason that the employer has not carried out the provisions of any standing order or has made an illegal change".
The management of the appellant Mill desiring to make a change in th... |
Appeal No 320 of 1955.
Appeal by special leave from the judgment and order dated October 19, 1954 of the Labour Appellate Tribunal of India at Bombay in Appeal No. 76 of 1954.
H. J. Umrigar, E. J. Muharir and Rameshwar Nath, for the appellant.
section W. Dhabe and R. A. Govind, for the respondent.
November 6.
The Judgm... | In June, 1950, goods belonging to the appellant company were stolen and as the result of an enquiry the respondent was dismissed on the ground of gross negligence and misconduct.
He was prosecuted on a charge of theft but was acquitted in March, 1952, and thereupon he made an application before the Labour Commissioner ... |
Appeals Nos.
32 to 34 of 1955.
Appeal by special leave from the judgment and order dated September 5, 1952, of the Calcutta High Court in Civil Revision cases Nos.
3257, 3258 and 3259 of 1951 arising out of the order dated September 7, 1951, of the Court of Small Causes at Calcutta, 4th Bench, in Rent Appeal Nos. 115, ... | The appellant was the common landlord of the three premises in respect of which three analogous proceedings were started by the respective tenants for standardisation of rent under section 9 read with Sch.
A of the West Bengal Premises Rent Control (Temporary Provisions) Act of 1950.
Under the terms of the lease, which... |
Appeals Nos. 244 and 245 of 1954.
Appeals from the judgment and order dated August 19, 1952, of the Labour Appellate Tribunal of India (Calcutta) at Allahabad in Miscellaneous Cases Nos, C 91 and 93 of 1952.
919 N. C. Chatterji, H. J. Umrigar, J. B. Dadachanji, section N. Andley and Rameshwar Nath, for the appellant in... | Seventy six workers of the appellant company resorted to a tools down strike in sympathy with a dismissed co worker.
Repeated attempts to persuade them to resume work having failed the General Manager suspended them until further orders.
After midday recess the Management sought to prevent the workers from entering the... |
Appeal No. 32 of 1955.
Appeal from the judgment and decree dated May 5, 1954, of the High Court of Punjab at Chandigarh in Regular First Appeal No. 115 of 1953 arising out of the decree dated June 6, 1953, of the Court of the Subordinate Judge, 1st Class, Delhi, in suit No. 26 of 1953.
Dewan Chaman Lal and Ratan Lal Ch... | Under an agreement the Government placed certain lands belonging to it at the disposal of the Improvement Trust for the construction of a market.
The Trust constructed the market with funds advanced by the Government by way of loan at interest.
Under the agreement the Trust had to pay a certain fixed sum by way of reve... |
172 of 1956.
Under Article 32 of the Constitution for a writ in the nature of Habeas Corpus.
section N.
Andely, amicus curiae, for the petitioner.
Porus A. Mehta, T. M. Sen and R. H. Dhebar, for the respondent.
November 1.
The Judgment of the Court was delivered by JAGANNADHADAS J.
This is an application under article ... | The petitioner was detained by virtue of an order of detention passed by the District Magistrate, Jammu, under section 3(2) of the Jammu and Kashmir Preventive Detention Act, 2011 and that order was confirmed and continued by an order passed by the Government of the State of Jammu and Kashmir under section 12(1) of the... |
Appeals Nos.
196 to 201 of 1953.
Appeals from the judgment and decrees of the Punjab High Court dated December 30, 1949, in Civil Regular Appeals Nos.
1567, 1568, 1569, 1570, 1573 an& 1574 of 1942 arising out of the decrees dated July 31, 1942, of the Court of the District Judge, Hoshiarpur in Appeals Nos.
104/35 of 19... | The appellant as the proprietor of Nada un Jagir sued to establish his title to chil (pine) trees standing on lands within the Jagir but belonging to the respondents, on the ground that the trees belonged to him as ala malik (superior landlords and not to the respondents who were only adna maliks (inferior landlords).
... |
Appeal No. 181 of 1956.
Appeal by special leave from the judgment and order dated September 5,1955, of the Judicial Commissioner 's Court, Ajmer, in Civil Writ Petition No. 108 of 1955.
M. M. Kaul and R. H. Dhebar, for the appellants.
The respondent did not appear.
November 15.
The Judgment of the Court was delivered b... | Sub section (2) Of section 30 of the Ajmer Merwara Municipalities Regulation, 925, as amended, provided that " every person who would be entitled under the Representation of the People Act, 1950 (XLIII of 1950) to be registered in the electoral roll for a Parliamentary Constituency if that Constituency had been co exte... |
Appeal No. 182 of 1956.
Appeal by special leave from the judgment and order dated November 23, 1955, of the Labour Appellate Tribunal of India, Bombay, in Appeal No. 224 of 1953 arising out of an award (Part II) dated June 4, 1953, of the Bombay Industrial Tribunal in Reference No. (I.T.A.)No.
18 of 1951.
M. C. Setalva... | The Baroda Electric Supply Concern was owned and managed by the State of Baroda.
Immediately before the merger of the State in the Province of Bombay, the State made a gift of the Concern to the Baroda Municipality to provide it with a new source of revenue as.
aid from the State might not be continued after the merger... |
minal Appeal No. 135 of 1956.
188 Appeal by special leave from the judgment and order dated November 25, 1955, of the Allahabad High Court, in Criminal Appeal No. 702 of 1955 and Referred No. 77 of 1955 arising out of the judgment and order dated May 17, 1955, of the Court of Sessions Judge, at Moradavad in Sessions Tr... | One Daya Ram had been murdered by shooting with a country made pistol.
The circumstantial evidence established against the appellant was (1) that he had a motive for the murder, (2) that three days before the murder the appellant had held out a threat to murder the deceased, (3) that a cartridge exhibit I was found nea... |
Appeal No. 85 of 1956.
20 154 Appeal from the judgment and order dated January 8, 1954, of the High Court of Saurashtra, at Rajkot, in Civil Misc.
Application No. 70 of 1952.
R. J. Kolah and A. C. Dave, for the appellant.
Porus A. Mehta and R. H. Dhebar, for respondent No. 1. 1956.
November 23.
The Judgment of the Cour... | The appellants were lessees holding a license for the manufacture of salt on the demised lands.
The salt was manufactured by a class of professional labourers known as agarias from rain water that got mixed up with saline matter in the soil.
The work was seasonal in nature and commenced in October after the rains and c... |
riminal Appeals Nos.
20 to 23 of 1955.
Appeals by special leave from the judgment and order dated May 7, 1954, of the Madras High Court in Criminal Revision Cases Nos. 57 to 60 of 1954 and Case Referred Nos.
2 to 5 of 1954.
N. C. Chatterji, section Venkatakrishnan and section Subramanian, for the appellants.
V. K. T. C... | The appellants were charged before the Presidency Magistrate for offences under the Madras Prohibition Act, 1937 and when the cases were taken up for trial they raised the contentions that SS.
4(2) and 28 to 32 of the Act are void under section 107(I) of the Government of India Act, 1935, because they are repugnant to ... |
Appeal No. 135 of 1955.
Appeal by special leave from the judgment and order dated October 30, 1952, of the Labour Appellate Tribunal of India, Allahabad, in Misc.
Case No. C 146 of 1952.
R. R. Biswas, for the appellant.
Sukumar Ghose (amicus curiae), for the respondents.
November 28.
The Judgment of the Court was deliv... | Clause (b) Of section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 provides that during the pendency of any appeal under the Act no employer shall discharge any workmen concerned in such appeal, save with the express permission in writing of the Appellate Tribunal, and section 23 enables any employee to... |
Appeals Nos. 103 & 105 of 1956.
Appeal from the judgment and order dated January 24, 1955, of the Bombay High Court in Special Civil Application No. 2546 of 1954.
123 N. A. Palkiwala and J. B. Dadachanji, section N. Andley and Rameshwvar Nath, for appellants in Civil Appeal No. 103 of 1956 M. C. Setalvad, Attorney Gene... | The word 'retrenchment ' as defined in section 2(oo) and the word retrenched ' in section 25F of the , as amended by Act XLIII of 1953, have no wider meaning than the ordinary accepted connotation of those words and mean the discharge of surplus labour or staff by the employer for any reason whatsoever, otherwise than ... |
Appeal No. 133 of 1955.
Appeal by special leave from the judgment and order dated November 19,1954, of the Andhra High Court in Writ Petition No. 342 of 1954.
N. C. Chatterji, M. section K. Sastri and Sardar Bahadur, for the appellant.
Porus A. Mehta, T. V. R. Tatachari and T. M. Sen, for the respondent.
November 29.
T... | The appellant was at the relevant dates posted as Subordinate Judge at Masulipatam and Amalapuram.
Charges were made against him of bribery and serious irregularities in the discharge of official duties, and they were enquired into by one of the judges of the Madras High Court who sent his reports on August 2o, ,953, a... |
Appeal No. 176 of 1956 and Petition No. 165 of 1955.
Appeal by special leave from the judgment and order dated March 15/23,1955 of the Orissa High Court, in Civil Reference No, 4 of 1954, 169 N. C. Chatterji, D. N. Mukherjee and R. Patinaik, for the appellant.
Porus A. Mehta and R. H. Dhebar, for respondent No. 1. 1956... | The appellant pleader who already had strained relation with the Munsif made certain objectionable remarks in open Court, suggesting partiality and unfairness on the part of the Munsif.
The Munsif drew up a proceeding under sections 13, 14 Of the , against the pleader and submitted a report to the High Court through th... |
Appeal No. 132 of 1956.
Appeal by special leave from the judgment and order dated May 16, 1955, of the Election Tribunal, Bhatinda, in Election Petition No. 14 of 1954.
C. K. Daphtary, Solicitor General of India, J. B. Dadachanji, section N. Andley, Rameshwar Nath and K. C. Puri, for the appellant.
N.C. Chatterji, A. N... | The last day for filing the election petition was a Sunday and the day following was a public holiday.
The petition was presented on the next day after the public holiday.
Held, that section 10 of the General Clauses Act was applicable and that the petition was presented within time.
The appellant, who retains a large ... |
Appeals Nos. 279 and 280 of 1955.
Appeal from the Judgment and Order dated July 7 1953, of the Assam High Court in Civil Rules Nos. 147 and 148 of 1952, 47 360 C. K. Dophtary, Solicitor General of India, P. K. Goswami, section N. Mukherji and B. N. Ghosh, for the appellants in both appeals.
Purshottam Tricumdas and Nau... | The labourers were being paid the basic wages of as.
8/ for male labourers and as.
6/ for female labourers for the work load or task of plucking 16 seers and 12 seers of green tea leaves respectively each day.
If the labourers plucked larger quantities of leaves they were paid extra wages at the rate of 6 Ps.
per seer ... |
Appeals Nos. 333 335 of 1955 and Petitions Nos. 65, 182 and 203 of 1956.
Appeals by special leave from the judgment and order dated April 15, 1955, of the Punjab High Court at Chandigarh in Civil Writs Nos.
131 133 of 1955 and Petitions under Article 32 of the Constitution of India for the enforcement of fundamental ri... | The disputes between the appellants and their workmen were referred to the Industrial Tribunal for adjudication by the appropriate Government, under the provisions of the .
It was contended for the appellants that the reference to the Tribunal was bad because (1) the Act was ultra vires the Constitution inasmuch as its... |
Nos. 97, 97A, 44, 86 to 88, 111, 112, 85, 158, 211 to 251 and 225 to 229 of 1956.
Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights ' N. C. Chatterji A. K. Sen, B. P. Maheshwari and Tarachan Brijmohan Lal, for the petitioners in Petitions Nos. 97 and 97A of 1956.
N. C. Chatterji an... | These petitions on behalf of the assessees raised the common question as to the constitutionality of section 5(7 A) of the Indian Income tax Act, which was raised but not decided by this Court in Bidi Supply Co. V. The Union of India, ; Reliance was placed on the observations of Bose, J. in his Minority judgment in tha... |
ivil Appeal No. 357 of 1957.
Appeal by special leave from the judgment and order dated February 28, 1956, of the Allahabad High Court (Lucknow Bench) in Misc.
Case No. 4 of 1955 and Civil Revision No. 189 of 1955, arising out of the order dated August 6, 1955 of the Civil Judge, Sitapur in Suit No. 16 of 1953.
Vidya Sa... | The respondent, a scheduled bank, sued the appellant for recovery of money under a mortgage.
The appellant claimed reduction of the debt under the Uttar Pradesh Zamindari Debt Reduction Act, 1953.
An advance or debt due to a scheduled bank was excluded from the definition of "debt" given in the Act.
The appellant conte... |
Appeal No. 219 of 1953.
Appeal from the judgment and decree dated June 26, 1952, of the Bombay High Court in Appeal No. 20 of 1952 arising out of the judgment and decree dated December 17, 1951, of the said High Court in its ordinary Original Civil Jurisdiction in Suit No. 1623 of 1948.
C. K. Daphtary, Solicitor Genera... | The appellants filed a suit for damages for conversion against the respondents on the allegations that the respondents were the agents of the appellants, that the appellants had placed orders for certain goods with the respondents, and that the respondents had actually imported the goods but refused to deliver them to ... |
Appeal No. 178 of 1955.
Appeal by special leave from the judgment and decree dated December 3, 1951, of the High Court of Judicature at Madras in Second Appeal No. 766 of 1947 against the decree dated November 19, 1946, of the District Court of Anantapur in Appeal No. 130 of 1945 arising out of the decree dated January... | V died an infant in 1927 and H, an agnatic relation.
filed a, suit for the recovery of the properties belonging to V which were in the possession of third parties, on the ground that he was the sole nearest male agnate entitled to all the properties.
During the pendency of the suit a Receiver was appointed for the prop... |
Appeal No. 228 of 1953.
Appeal by special leave from the Judgment and Decree dated September 6,1951, of the Bombay High Court in Appeal No. 496 of 1950 from the Judgment and Decree dated March 31, 1950, of the Civil Judge, Senior Division, Kolhapur in Civil Suit No. 23 of 1949.
section C. Isaacs, section N. Andley, Ram... | section obtained a decree of, ejectment against the third respon dent and while attempting to take possession of the properties ir execution of the decree he was obstructed by the appellant and the application for removal of the obstruction was dismissed by the Court on April 12, 1947.
He thereupon filed the present su... |
minal ' Appeal No. 93 of 1956.
Appeal by special leave from the judgment and order dated the April 14, 1955, of the Bombay High Court in Criminal Appeal No. 156 of 1955 and Criminal Revision Application No. 435 of 1955 arising out of Judgment dated the January 3,1955, of the Court of 636 the Additional Chief Presidency... | Under section 72 Of the 9th Sch.
of the Government of India Act, 1935: " The Governor General may, in cases of emergency, make and promulgate ordinances . and any ordinance so made shall, for the space of not more than six months from its promulgation, have the like force of law as an Act passed by the Indian Legislatu... |
o. 115 of 1956, and Petition No. 132 of 1956.
Petitions under Article 32 of the Constitution of India for the enforcement of fundamental rights.
B. D. Sharma, for the petitioners.
C. K. Daphtary, Solicitor General of India, Porus A. Mehta and R. H. Dhebar, for the respondents, 651 1957.
February 13.
The Judgment of the... | The accused was tried and convicted by a Special judge for offences under section 161 of the Indian Penal Code and section 5 of the Prevention of Corruption Act.
On appeal the whole proceedings were quashed as being ab initio invalid for want of proper sanction.
The authorities accorded fresh sanction and directed the ... |
Appeals Nos. 346 to 363 of 1956.
Appeals under Article 132(1) of the Constitution of India from the Judgment and Order dated May 23, 1956, of the Assam High Court in Civil Rules Nos. 26, 31, 32 and 33 of 1956 and the Judgment and Order dated June 12, 1956, of the said High Court in Civil Rules Nos. 45, 48, 49, 64, 65, ... | These appeals by the State of Assam and some other parties from a number of judgments of the High Court of Assam, passed under article 226 of the Constitution, quashing certain orders of the Appellate Authority appointed by the Governor of Assam by a Notification under section 3(3) of the Assam Revenue Tribunal (Transf... |
Appeal No. 158 of 1953.
Appeal by special leave from the judgment and decree dated April 6, 1950, of the Calcutta High Court in appeal from original decree No. 166 of 1944 arising out of the decree dated June 30, 1943, of the Court of the Subordinate Judge, Asansol, in Title Suit No. 2 of 1942.
Ramanugrah Prasad and Mo... | In fulfilment of an ante nuptial promise made on the occasion of the settlement of the terms of marriage of her daughter, a Hindu widow, governed by the Benares School of Hindu Law, executed a registered deed of gift in respect Of 4 houses allotted to her share by a partition decree, in favour of her daughter as her ma... |
Appeals Nos. 64 to 66 of 1954.
Appeals under article 132(1) of the Constitution of India from the Judgment and Order dated the 13th February, 1954, of the High Court of Judicature at Bombay in Special Applications Nos. 259, 288 and 289 of 1954 respectively.
M. C. Setalvad, Attorney General for India, and C. K. Daphtary... | The Education Society of Bombay (respondent No. 1) has been running a recognised Anglo Indian School called Barnes High School at Deolali which receives aid from the State of Bombay.
J and G are its Directors.
English is used in the said school as the medium of instruction.
The mother tongue of the Anglo Indians is Eng... |
minal Appeal No. 150 of 1956.
Appeal by special leave from the Judgment and order dated October 18, 1955, of the Allahabad High Court in Government Appeal No. 60 of 1953 arising out of the judgment and order dated July 8, 1952, of the Court of Sessions Judge at Bareilly in Criminal Sessions Trial No. 27 of 1952.
Daulat... | A first information report is not a substantive piece of evidence and can only be used to corroborate the statement of the maker under section I57 Of the Evidence Act or to contradict it under section 145 of that Act.
It cannot be used as evidence against the maker at the trial if he himself becomes an accused, nor to ... |
Appeal No. 234 of 1959.
Appeal from the order dated February 15, 1957 of the Bombay High Court of Judicature at Nagpur in Special Civil Application No. 2 N of 1956.
section P. Varma, for appellant No. 1.
597 B. section Shastri and Ganpat Rai, for respondent No. 1.
B. R. L. Iyengar and T. M. Sen, for respondent No. 2. 1... | The respondent Municipality passed a resolution under s.67(1) of the C.P. & Berar Municipal Act, 1922, for the purpose of levying an octroi duty which was published in the State Gazette along with the rules for assessment.
Objections were invited to the said proposed tax, and only one objection was filed within time wh... |
Appeal No. 374 of 1956.
Appeal by special leave from the judgment and order dated December 19, 1955, of the Assam High Court in Revenue Appeal No. 33(M) of 1955.
Civil Rule No. 76 of 1955.
Fakhruddin Ali Ahmed and K. R. Chaudhry, for the appellant.
D. N. Mukherjee, for respondent No. 1.
section M. Lahiri, Advocate Gene... | Section 16 of the Assam Land Revenue Regulation, 1 of 1886 defines " right of fishery " and section 155(f) empowers the Provincial Government to make rules for " the granting of licences, or the farming of the right. . to fish in the fisheries".
The State Government accordingly framed the Fishery Rules and r. 12 thereo... |
Appeals No&323 and 324 of 1956.
Appeal from the judgment and orders dated April 27, and July 13, 1956, of the Madras High Court in Writ Appeals Nos.
42 and 88 of 1956 arising out of the orders dated March 23, and July 9, 1956, of the said High Court in Writ Petitions Nos. 333 and 564 of 1956.
A. V. Viswanatha Sastri, J... | The appellant was granted a permit for stage carriage by the Regional Transport Authority under the provisions of the , but on appeal to the appellate authority, the Central Road Traffic Board, by the unsuccessful applicants the order granting the permit was set aside and the order of the Central Road Traffic Board was... |
minal Appeal No. 149 of 1954.
Appeal by special leave from the judgment and order dated October 20, 1953, of the Bombay High Court in Criminal Appeal No. 349 of 1953.
680 section A. Desai and I. N. Shroff, for the appellant.
Porus A. Mehta and R. H. Dhebar, for the respondent.
February 19.
The Judgment of the Court was... | The appellant and four others were being tried before the Presidency Magistrate, Bombay for charges under section 161 read with 116 and further read with section 109 or section 114 of the Indian Penal Code.
During the pendency of the trial the Criminal Law Amendment Act, 952 (XLVI Of 1952) was enacted by Parliament and... |
o. 119 of 1955 with Petition for Special Leave to Appeal No. 140 of 1955.
Petition under Article 32 of the Constitution for the enforcement of fundamental rights and petition under Article 136 of the Constitution for `special leave to appeal from the judgment and order dated March 29, 1955, of the Bombay High Court in ... | By these two petitions, the petitioner challenged the constitutional validity of the Bombay Land Requisition Act, 1948, as amended by the two amending Acts of 1950, and the enforceability of an order of requisition made by the Governor of Bombay under section 6 (4) (a) of the Act.
The petitioner as the widow of the ten... |
Appeal No. 132 of 1954.
Appeal by special leave from the judgment and order dated April 30, 1953, of the Circuit Bench of the Punjab High Court at Delhi in Civil Writ Application No. 314 of 1952.
Ram Lal Anand and section N. Anand, for the appellant.
R.Ganpathy Iyer and R. H. Dhebar, for respondent No. 1.
A.N. Grover a... | J, a displaced person, was found Prima facie entitled to allotment of a house and the Accommodation Officer moved his family into the house on May 10, 1952, but no letter of allotment was issued to him.
Later, when certain facts became known which in the opinion of the Union of India disentitled j to the allotment, he ... |
minal Appeal No. 130 of 1955.
I Appeal under Article 134 (1) (C) of the Constitution of India from the judgment and order dated March 11, 1955, of the Allahabad High Court (Lucknow Bench) at Lucknow in Criminal Revision No. 60 of 1954 arising out of the judgment and order dated February 21, 1954, of the Sessions Judge ... | In 1953 the respondent executed a surety bond undertaking to produce, the accused before the Magistrate and to forfeit Rs. 500 to King Emperor, Qaisar e Hind as penalty if he failed to do so.
Upon his failure to produce the accused, the Magistrate forfeited the bond to the extent of Rs. 300.
The contention of the respo... |
ivil Appeal No. 232 of 1955.
Appeal under Article 132 (1) of the Constitution of India from the Judgment and Order dated November 24, 1954, of the former Travancore Cochin High Court in Original Petition No. 53 of 1954.
T.N. Subramania Iyer and R. Ganapathy Iyer, for the appellant.
K.S. Krishnaswamy Iyengar and Sardar ... | The business of the appellant consisted in the purchase of copra, manufacture of cocoanut oil and cake therefrom and sale of oil and cake to parties inside the State of Travancore Cochin and sale of oil to parties outside the State.
Before the coming into force of the Constitution of India, under the provisions of the ... |
iminal Appeal No. 33 of 1955.
Appeal under Articles 132 (1) and 134 (1) (c) of the Constitution of India from the Judgment and Order dated June 30, 1954, of the Court of Judicial Commissioner, Kutch in Criminal Revision Application No. 13 of 1952.
Porus A. Mehta and B. H. Dhebar, for the appellant.
H. J. Umrigar, for t... | By cl. 3 of the Kutch (Application of Laws) Order, 1949, the Bombay Prevention of Gambling Act (Bom.
IV of 1887) was made applicable to Kutch.
Clause 4 of the Order provided that the Acts applied to Kutch by the Order " shall be construed " as if (1) vs Chester, Mayor, etc.) 96 746 references therein to the authorities... |
: Criminal Appeals Nos. 130 and 131 of 1954.
Appeals by special leave from the judgment and order dated September 11, 1953, of the former Madhya Bharat High Court in Appeals Nos.
42 and 43 of 1953.
Shiv Dayal and R. H. Dhebar, for the appellant.
B. C. Misra, amicus curiae, for the respondent.
April 5.
The Judgment of t... | The accused was tried by a Special Judge for offences under section 409 Of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act.
He was convicted under section 409 but the judge held that the accused could not be tried under section 5(2) as there had been no investigation by a police officer not b... |
Appeal No. 213 of 1956.
Appeal from the judgment and decree dated Septem.
ber 22, 1954, of the Allahabad High Court in Special Appeal No. 8 of 1954 arising out of the judgment and decree dated January 6, 1954 of the said High Court in Civil Miscellaneous Writ Petition No. 651 of 1953.
section P. Sinha and section N. Mu... | A dispute between an employer and a single workman does not fall within the definition of " industrial dispute " under the U.P. industrial Disputes Act, 1947.
But though the applicability of the Act to an individual dispute as opposed to a dispute involving a group of workmen is excluded, if the workmen as a body or a ... |
etition No. 252 of 1956.
Petition under Article 32 of the Constitution for the enforcement of fundamental rights.
Veda Vyasa, section K. Kapur and Ganpat Rai, for the petitioner.
G. C. Mathur and C. P. Lal, for the respondent.
April 5.
The Judgment of the Court was delivered by DAS C.J.
This is a petition filed under a... | This was a petition challenging the constitutional validity of section 295A of the Indian Penal Code and for quashing the petitioner 's conviction thereunder for publishing an article in a monthly magazine of which he was the printer, publisher and the editor.
It was contended on his behalf that the impugned section in... |
riminal Appeals Nos. 22 and 23 of 1957.
Appeals by special leave from the judgment and order dated August 7, 1956, of the Punjab High Court at Chandigarh in Criminal Appeals Nos. 253 and 250 of 1956 and Murder Reference No. 38 of 1956 arising out of the judgment and order dated May 21, 1956, of the Court of Additional ... | The appellants and G were convicted of the offence of murder by the Sessions Court on the basis of the evidence of the approver, which it considered reliable, and the confession made by the first appellant which it found to be voluntary and true.
The High Court held that the evidence of the approver as against G was ve... |
riminal Appeal No. 50 of 1957.
Appeal by special leave from the judgment and order dated January 27, 1956, of the Rajasthan High Court at Jodhpur in Criminal Appeal No. 119 of 1954 arising out of the judgment and order dated March 23, 1954, of the Court of the Sessions Judge at Ganganagar in Original Criminal Case No. ... | The High Court should not set aside an acquittal unless there are "substantial and compelling" reasons for doing so.
Surajpal Singh vs State, ; , Ajmer Singh vs The State of Punjab; , , Aher Raja Khima vs The State of Saurashtra; , , followed.
It is not a satisfactory way of disposing of the evidence of an expert witne... |
Criminal Appeal No. 145 A of 1954.
972 Appeal under Article 132(1) of the Constitution of India from the Judgment and Order dated July 23, 1954, of the Madras High Court in Criminal Miscellaneous Petition No. 922 of 1954.
Porus A. Mehta and R. H. Dhebar, for the appellants.
B. Pocker and B. K. B. Naidu, for the respond... | The Income Tax Officer forwarded a certificate under section 46(2) of the Indian Income Tax Act to the Collector for recovering the arrears of Income Tax from the assesses as if they were arrears of land revenue.
The Collector proceeded under section 48, Madras Revenue 971 Recovery Act, and had the assessee arrested an... |
ivil Appeal No. 134 of 1956.
Appeal under articles 132 (1) and 133 (I) (c) of the Constitution of India from the Judgment and Order dated January 12, 1955, of the Bombay High Court in Appeal No. 72 of 1954 arising out of the Judgment and Order dated April 22, 1954, of the Bombay High Court in its Original Civil Jurisdi... | The first respondent was the founder and Managing Director of a company, the second respondent in the appeal, which was incorporated in the State of Mysore and conducted a Prize Competition called the R. M. D. C. Cross words through a weekly newspaper printed and published at Bangalore.
This paper had a wide circulatio... |
l Appeals Nos.
162 of 1955, 38, 39, 40, 41, 42, 43 and 44 of 1956.
Appeal from the judgment and order dated January 5, 1953, of the Calcutta High Court (Original Side) in Income Tax Reference Appeal No. 12 of 1942 and appeals from the judgment and order dated July 2, 1952, of the Assam High Court at Gauhati in Agricult... | The true indicia of salami are (1) its single non recurring character and (2) payment prior to the creation of the tenancy.
It is the consideration paid by the tenant for being let into possession and can be neither rent nor revenue but is a capital receipt in the hands of the landlord.
Kamakshya Narain Singh vs The Co... |
Civil Appeal No. 12 of 1955.
Appeal from the judgment and decree dated September 10, 1953, of the Calcutta High Court (Original Side) in I. T. Reference No. 8 of 1947.
C. K. Daphtary, Solicitor General for India, G. N. Joshi and B. H. Dhebar, for the appellant.
K. P. Khaitan, Rameshwar Nath, section N. Andley and J. B.... | The respondent was a company carrying on life, fire, marine and general insurance business, and the question for determination related to the assessment of excess profits tax on its income other than life insurance.
The method adopted by the company with respect to fire insurance policies was that while the premiums re... |
iminal Appeal No. 39 of 1955.
Appeal by special leave from the judgment and order dated January 28, 1954, of the Patna High Court in Criminal Revision No. 69 of 1954 arising out of the judgment and order dated November 23, 1953, of the Sessions Judge, Patna, in Criminal Appeal No. 288 of 1953 against the judgment and o... | The appellant failed to prepare a budget of the Waqf Estate of which he was the mutawalli, for the year 1952 53 and send a copy of it to the Majlis before January 15, 1952, as he was bound to do under section 58(1) of the Bihar Waqfs Act, 1947, and was convicted by the 'Magistrate under section 65(1) of the Act and sen... |
iminal Appeals Nos. 24 and 25 of 1957.
Appeals by special leave from the judgment and order dated July 25, 1956, of the Madras High Court in Criminal Appeals Nos. 247 & 248 of 1956 and Referred Trial No. 41 of 1956 arising out of the judgment and order dated March 28, 1956 of the Court of Sessions, East Tanjore Divisio... | The appellants were charged with murder and convicted on the sole testimony of a witness.
The first appellant was sentenced to death and the second to five years ' rigorous imprisonment.
it was contended for them, inter alia, that the conviction and sentences should not be upheld because in a case involving a charge of... |
Appeal No. 24 of 1954.
Appeal under Article 132 read with Article 147 and Article 133(1)(c) of the Constitution of India from the judgment and order dated July 17, 1952, of the Punjab High Court in First Appeal from Order No. 9 of 1949 against the judgment and decree of the Sub Judge 1st 104 Class, Ferozepur dated Febr... | The correct test to determine whether a contract made before the partition of India on behalf of the Governor General in Council comes within the purview of cl.
(a) of article 8(1) of the Indian Independence (Rights, Property and Liabilities) Order, 1040 1947, so as to be deemed to have been made on behalf of the Domin... |
63 and 64 of 1957.
Petitions under Article 71(1) of the Constitution of India for clarification of doubts in connection with the election of the President.
R. V. section Mani and I. R. V. Sastri, for the petitioner in Petition No. 63 of 1957.
R. Patnaik, for the petitioner in Petition No. 64 of 1957.
M. C. Setalvad Att... | The petitioners entertained grave doubts as to the propriety of holding the Presidential election before the general elections had been completed throughout the entire territory of India and, by applications filed under article 71(1) of the Constitution as citizens of India, invoked the jurisdiction and power of the Su... |
Appeal No. 179 of 1954.
Appeal from the judgment and order dated March 12, 1953, of the Bombay High Court in Income tax Reference No. 43 of 1952.
C. K. Daphtary, Solicitor General of India, G. N. Joshi and B. H. Dhebar, for the appellant.
N. A. Palkhivala, D. H. Dwarkadas, J. B. Dadachanji, section N. Andley and Ramesh... | The respondent company was the managing agent of two other companies holding certain shares therein.
D wrote two letters to the respondent on September 14, 1946, offering to purchase some of those shares together with the managing agency and agreeing to pay certain sums as earnest money on the acceptance of the offer a... |
438 of 1955.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
H. J. Umrigar and N. H. Hingorani, for the petitioner.
Porus A. Mehta, B. Ganapati Iyer and R. H. Dhebar, for the respondents.
May 16.
The Judgment of the Court was delivered by SARKAR J.
By a notification dated M... | Section 167, item 8, of the , provides that if any goods the importation of which is for the time being prohibited or restricted by or under Ch.
IV of the Act, which Chapter includes section 19, be imported into India contrary to such prohibition or restriction, such goods shall be liable to confiscation and any person... |
Appeal No. 146 of 1956.
Appeal by special leave from the judgment and order dated December 3, 1954, of the Madras High Court in Referred Case No. 69 of 1954.
M. section K. Aiyanger, for the appellant.
1094 R. Ganapathy Iyer and T. M. Sen, for respondents Nos. 1 and 2. 1957.
May 6.
The Judgment of the Court was delivere... | The appellant, an Advocate whose name was borne on the rolls of the Madras High Court and of the Supreme Court, was found guilty of gross professional misconduct by the Madras High Court on the report of the Bar Council Tribunal and debarred from 1093 practising in that Court.
The charge against him was that he did not... |
54 of 1955.
Petition under Article 32 of the Constitution of India for the enforcement of fundamental rights.
Purshottam Tricumdas, section N. Andley, Rameshwar Nath, J. B. Dadachanji and P. L. Vohra, for the petitioner. , C. K. Daphtary, Solicitor General of India, Porus A .
Mehta and R. H. Dhebar, for the respondent.... | By a notified order dated November s, 1955, the Government of India took over the management of certain Sugar Mills under section 18A(i)(b) of the Industries (Development and Regulation) Act, 1951, for one year and vested it in a Controller.
This was preceded by an investigation under section 15 of the Act and the Cent... |
Appeal No. 118 of 1955.
Appeal from the judgment and order dated May 26, 1954, of the P.E.P.S.U. High Court in Misc.
Case No. 31 of 1953.
G. N. Joshi and R. H. Dhebar, for the appellant.
The respondent did not appear.
May 17.
The Judgment of the Court was delivered by 149 1162 KAPUR J.
This is an appeal under certifica... | The respondent was a company incorporated in the former Patiala State with its registered office in the territory of Pepsu, a Part B State.
For the assessment years 1948 49 and 1949 50 in respect of the amounts of income tax and super tax which it failed to deduct from out of the remuneration paid to its managing agent... |
Appeal No. 153 of 1954.
Appeal by special leave from the judgment and order dated January 15, 1952, of the Bombay High Court in Income Tax Application No. 54 of 1951.
R. J. Kolah, J. B. Dadachanji, section N. Andley and Rameshwar Nath, for the appellant.
C. K. Daphtary, Solicitor General of India, G. N. Joshi and R. H.... | The appellant company was incorporated as an investment company which by its memorandum of association enabled it, inter alia, to deal in investments and properties.
For the purposes of assessment to income tax the appellant claimed, for the assessment year in question, to be treated as an investor and not as a ,dealer... |
Appeal No. 185 of 1952.
Appeal from the judgment and order dated December 15, 1948, of the Madras High Court in Appeal No. 155 of 1946 arising out of the decree dated October 27, 1945, in Original Suit No. 132 of 1944.
Alladi Kuppuswami and M. section K. Sastri, for the appellants.
T. V. R. Tatachari and T. M. Sen, for... | A Hindu father executed a registered deed of trust giving away his properties to public charities and appointed himself and two others as trustees.
The son in assertion by his right to a moiety share therein started to alienate them.
There was litigation between the trustees and the son which ultimately ended in a comp... |
ION: Criminal Appeals Nos. 20 and 21 of 1957.
Appeals by special leave from the judgment and order dated September 14, 1955, of the Allahabad High Court (Lucknow Bench) at Lucknow in Criminal Appeals Nos. 374 and 376 of 1956, arising out of the judgment and order dated the April 24, 1954, of the Sessions Judge, Lucknow... | The two appellants, who were railway servants under the Government, were put up on trial under section 120B of the Indian Penal Code and section 5(2) read with section 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947.
The Sessions judge who tried the case found, in agreement with the unanimous opinion of t... |
Appeal No. 214 of 1954.
Appeal under Article 133 (1) (c) of the Constitution of India from the Judgment and Order dated the 17th July 1953 of the, High Court of Rajasthan (Bapna and Ranawat JJ.) in Civil Writ Application No. 128 of 1953.
R. K. Rastogi and Ganpat Rai, for the appellant.
R. C. Prasad, for section L. Chhi... | Notwithstanding the provision in section 105 of the Representation of the People Act (Act XLIII) of 1951 that every order of an Election Tribunal made under the Act shall be final and conclusive, the High Court and the Supreme Court have unfettered jurisdiction to examine whether the tribunal, in the exercise of its un... |
Appeal No. 161 of 1954.
Appeal from the judgment and order dated, May 18, 1953, of the Calcutta High Court in Income tax Reference No. 72 of 1951.
N. A. Palkhivala, P. D. Himatsingka, J. B. Dadachanji, section N. Andley Rameshwar Nath and P. L. Vohra, for the appellant.
G. N. Joshi and R. H. Dhebar, for the respondent.... | For the assessment year (1945 46) the assessable income of the appellant bank was computed by the Income tax Officer by splitting up its income into two heads " interest on securities " and " business income ", and deducting the business loss from interest on securities.
In the previous year the assessment showed a los... |
minal Appeals Nos.
53 to 56 of 1957.
Appeals by special leave from the judgment and order dated November 21, 1956, of the Bombay High Court in Criminal Appeals Nos.
861 864 of 1956 arising out of the judgment and order dated June 1, 1956, of the Court of the Additional Sessions Judge for Greater Bombay at Bombay in Ses... | A conspiracy to commit criminal breach of trust in respect of the funds of a company by utilising the same to purchase the controlling block of shares of the company itself for the benefit of the appellants was alleged to have been entered into between December 1, 1948, and January 31, 1949.
It was the prosecution case... |
ION: Criminal Appeal No. 96 of 1957.
Appeal by special leave from the judgments and orders dated September 24, 1956, of the Circuit Bench of the Punjab High Court at Delhi and dated September 26, 1956, of the Punjab High Court at Chandigarh in Criminal Writ No. 128 D of 1956.
Appellant in person.
C. K. Daphtary, Solici... | The appellant was arrested under section 3 Of the (lV Of 1950) as amended by the amending Act Of 1951.
The grounds of his detention were communicated to him as required by section 7 Of the Act and his case was thereafter put up before the Advisory Board constituted under section 8 of the Act.
The Board reported that th... |
351 of 1954.
Petition under Article 32 of the Constitution for the enforcement of fundamental rights.
803 N. section Bindra, Udhai Bhan Choudhury and Gopal ,Singh, for the petitioners.
section L. Pandhi and K. L. Mehta, for the Intervener.
March 29.
The Judgment of the Court was delivered by JAGANNADHADAS J.
This is an... | The petitioners, who were displaced persons from Pakistan owning land therein, were also co sharers in a joint khata owned by some evacuees in a suburban village in East Punjab.
On their displacement they were in the first instance temporarily allotted agricultural land in that village.
Subsequently, as a result of the... |
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