judgement stringlengths 593 808k | summary stringlengths 153 158k ⌀ |
|---|---|
Appeal No. 255 of 1954.
Appeal by Special Leave from the judgment and decree dated April 29, 1953, of the former Pepsu High Court in R. section A. Nos. 57 and 130 of 1952, arising out of the judgment and decree dated March 8, 1952, of the Court of Addl.
Judge, Faridkot, in Civil Appeal No. 10 of 1952, against the judgm... | Upon the sale of certain village land the appellants filed a suit for pre emption, and a compromise decree was passed allowing pre emption provided the appellants deposited the purchase amountbvacertaindate.
The appellants Posited the amount and got Possession of the land.
Before the appellants deposited 879 the amount... |
Appeal No. 256 of 1954.
Appeal from the judgment and decree dated July 3, 1953, of the Calcutta High Court in Appeal from Original Order No. 7 of 1953, arising out of the judgment and decree dated August 5, 1952, of the said High Court in Matter No. 84 of 1952.
823 N. C. Chatterjee, section K. Kapur and I. N. Shroff, f... | The appellant company was carrying on business as a bullion merchant and in that capacity purchased about 9478 tolas of gold.
On information that the gold in question was smuggled, the customs authorities issued a notice to the appellant to the effect that the case had been placed before the Collector of Customs for ad... |
minal Appeal No. 183 of 1957.
862 Appeal by special leave from the judgment and order dated January 21, 1957, of the Patna High Court in Criminal Appeal No. 34 of 1956, arising out of the judgment and order dated January 23, 1956, of the Court of the 2nd Assistant Sessions Judge at Darbhanga in Sessions Trial No. 52 of... | The prosecution case was that a mob Of 40 50 persons including the appellant, formed an unlawful assembly with the common objects of dismantling the hut of R, of setting fire to it and committing assault, if resisted; they assaulted some persons, and the appellant ordered one Budi to set fire to the hut and Budi set fi... |
minal Appeal No. 178 of 1957.
117 920 Appeal by special leave from the order dated May 28, 1956, of the former Nagpur High Court in Criminal Revision No. 150 of 1956 arising out of the order dated February 2, 1956, of Shri K. L. Pandey, Special Magistrate at Nagpur in Criminal Case No. I of 1955.
R. Patnaik, for the ap... | A complaint was filed against the appellant on January 13,1953, and the Special Magistrate trying him commenced the recording of evidence on July 4, 955.
During the trial the Criminal Procedure Code (Amendment) Act (26 of 955) came into force on January 2, 1956, which introduced section 342 A in the Code of Criminal Pr... |
Appeal No. 150 of 1955.
Appeal from the judgment and decree dated August 20, 1952, of the Punjab High Court in Regular First Appeal No. 107 of 1949 arising out of the judgment 140 1100 and decree dated March 22, 1948, of the Court of the sub Judge 1st Class, Panipat, in Suit No. 361 of 1947.
Dr. J. N. Banerjee and K. L... | Under the customary law of the Punjab property inherited by a Hindu male from his maternal grandfather is not ancestral property qua his sons.
Narotam Chand vs Mst.
Durga Devi, I. L. R. (1950) Punj. 1, approved.
Lehna vs Musammat Thakyi, (1895) 30 P. R. I24 and Musammat Attar Kaur vs Nikkoo, Lah. 356, not approved.
The... |
iminal Appeal No. 82 of 1953.
Appeal under article 134(1)(c) of the Constitution of India from the Judgment and Order dated the 16th August, 1953, of the High Court of Judicature at Hyderabad in Criminal Appeal No. 1557/6 of 1950, arising out of the Judgment and Order dated the 16th October, 1950, of the Court of Speci... | Section 233 of the Code of Criminal Procedure (Act V of 1898) embodies the general law as to the joinder of charges and lays down a rule that for every distinct offence there should.
be a 589 separate charge and every such charge should be tried separately.
No doubt the object of section 233 is to save the accused from... |
ppeal No.
239 of 1954.
Appeal from the judgment and decree dated December 12, 1950, of the Patna High Court in Appeal from Original Decree No. 188 of 1945 arising out of the judgment and decree dated December 18, 1945, of the Court of the Additional Subordinate Judge, IV Class, Gaya, in Title Suit No. 4 of 1945.
Pursho... | D executed a document in favour of M hypothecating an eight annas share in a village for the purpose of discharging a debt of Rs. 29,496 payable by him to Al.
In respect of this property there was a pre existing think in favour of j for a period of 9 years, under which D took Rs. 2,205 as peshgi money without interest ... |
Criminal Appeals Nos. 120 & 121 of 1955.
497 Appeals from the judgment and order dated December 16, 1954, of the Mysore High Court at Bangalore in Criminal Appeals Nos. 49 and 50 of 1953 arising out of the judgment and order dated May 19, 1953, of the Court of the Third Additional Sessions Judge at Bangalore in Bangalo... | Six persons were charged under section I43 Indian Penal Code for being members of an unlawful assembly the common object of which was to murder one Anne Gowda.
Five of them were further charged under section 302 Indian Penal Code for committing murder by intentionally causing the death of Anne Gowda, and the sixth was ... |
iminal Appeal No. 69 of 1956.
Appeal by special leave from the judgment and order dated November 18, 1955, of the Orissa Hioh Court at Cuttack, in Criminal Revision No. 20 of 1955 arising out of the Judgment and order dated December 23, 1954, of the Court of the Sessions Judge at Sambalpur in Criminal Appeal No. 111(S)... | The appellant was caught while he was himself transporting opium.
He was convicted under section 9(a) of the Opium Act for posession " of opium and under section 9(b) of the Act for " transport of opium and was sentenced to undergo rigorous imprisonment for three months under each count, the sentences to run consecutiv... |
Appeal No. 149 of 1958.
1149 Appeal by special leave from the judgment and order dated September 2, 1957, of the Allahabad High Court in First Appeal No. 474 of 1956, arising out of the judgment and order dated July 30, 1956, of the First Additional Civil Judge, Kanpur, in Civil Suit No. 257 of 1953.
Appellant in perso... | The appellant was appointed as overseer by the Municipal Board, Kanpur, on March 5, 1937, and continued in its service up to March 19, 1951, when a copy of the resolution passed by the Board on March 5, 1951, purporting to dismiss him from service was handed over to him.
On April 7, 1951, he filed an appeal to the Gove... |
Appeals Nos. 224 and 225 of 1954.
Appeals from the judgment dated December 31, 1947, of the former Nagpur High Court in Misc.
(First) Appeal No. 310 of 1943, arising out of the Award dated March 31, 1943, of the Court of the Arbitrator, Addl.
and Sessions Judge, Khandwa.
Achhru Ram and Naunit Lal, for appellant (In C. ... | These two appeals were preferred against the decision of the Nagpur High Court in an appeal under 'section 19(1)(f) of the Defence of India Act, 1939, modifying an award of compensation made 1178 under section 19(i)(b) of that Act in respect of certain premises requisitioned by the Government under 75(A) of the Rules f... |
minal Appeal No. 49 of 1956.
Appeal by special leave from the judgment and order dated October 13, 1954, of the Madras High Court in Criminal Revision Case No. 267 and 1954 154 1212 (Criminal Revision Petition No. 249 of 1954) arising out of the judgment and order dated January 12, 1954, of the Court of the District an... | The words " any object held sacred by any class of persons" occurring in section 295 Of the Indian Penal Code are of general import and cannot be limited to idols in temples or idols carried on festival occasions.
Not merely idols or sacred books, but any other object which is regarded as sacred by any class of persons... |
Appeals Nos. 358 and 359 of 1957.
Appeals by special leave from the judgment and decree dated April 4, 1956, of the Patna High Court in M. J. C. Nos.
546 and 590 of 1955.
J. N. Banerjee and R. C. Prasad, for the appellant (In both appeals).
Basanta Chandra Ghose I and P. K. Chatterjee, for respondents Nos.
1 10 & 12 57... | Section 10(1) of the , does not confer on the appropriate Government the power to cancel or supersede a reference made thereunder in respect of an industrial dispute pending adjudication by the tribunal constituted for that purpose.
Nor can section 21 of the , vest such a power by necessary implication.
It is well sett... |
minal Appeal No. 77 of 1958.
Appeal by special leave from the judgment and order dated February 26, 1958, of the Punjab High Court in Criminal Appeal No. 860 of 1957, arising out 155 1220 of the judgment and order dated December 23, 1957, of the Additional Sessions Judge at Ambala in Sessions No. 20 of 1957 and Trial N... | The appellant was tried along with P for the offence of murder.
The prosecution case was that the appellant, in conspiracy with P who was employed as a servant in the house of the deceased, took advantage of the deceased being alone in the house with her child, went upstairs and killed her and stole her ornaments, whil... |
Appeal No. 326 of 1955.
1250 Appeal by special leave from the judgment and decree dated April 10, 1953, of the Madras High Court in Second Appeal No. 1815 of 1949, arising out of the judgment and decree dated January 28, 1949, of the Court of Subordinate Judge, Bapatla, in A. section No. 188 of 1947, against the judgme... | In a suit instituted on behalf of a Hindu minor for partition of the joint family properties, the minor plaintiff died during the pendency of the suit and his mother as the legal representative was allowed to continue the suit as the second plaintiff, and the suit was decreed as it was found that the defendants had bee... |
iminal Appeal No. 28 of 1956.
Appeal by special leave from the judgment and order dated June 21, 1954, of the Calcutta High Court in Criminal Revision No. 811 of 1953.
1264 Ranadeb Chaudhury and P. K. Chatterjee, for the appellants.
B. Sen and P. K. Bose, for the respondents.
September 11.
The Judgment of the Court was... | The Official Liquidator got a complaint under sections 120 B, 406, 467 and 477A, 'Indian Penal Code filed before the Presidency Magistrate against the appellants one of whom was a past director and the other the Managing Director of the Bank of Commerce Ltd., which was in compulsory liquidation.
The appellants applied ... |
iminal Appeal No. 76 of 1958.
Appeal by special leave from the judgment and order dated March 4, 1958, of the Patna High Court in Criminal Appeal No. 50 of 1958 and Death Reference No. 3 of 1958 arising out of the judgment and order dated January 18, 1958, of the Court of the 1st Additional Judicial Commissioner of Cho... | The appellant was charged with the murder of a girl Baisakhi.
On information given by Aghani, younger sister of the deceased, the headless body of the deceased was re covered.
The appellant absconded but was found in another village and was brought back by the village volunteer force.
On interrogation by the Mukhia, Sa... |
iminal Appeal No. 79 of 1956.
Appeal by special leave from the judgment and order dated September 7, 1955, of the Patna High Court in Criminal Appeal No. 370 of 1954, arising out of the judgment and order dated July 26, 1954, of the Court of the Special Judge at Bhagalpur in Special Case No. 14 of 1954.
B. R. L. Iyenga... | The appellants were prosecuted on charges under section 120B read with section 165A of the Indian Penal Code, for having conspired to commit the offence of bribing a public servant in connection with the discharge of his public duties.
The case against them was that on August 24, 1953, when the Inspector of Police who ... |
Appeal No. 87 of 1957.
Appeal from the judgment and decree dated December 1, 1955, of the Allahabad High Court in Special Appeal No. 18 of 1955, arising out of the judgment and order dated November 30, 1954, of the ' said Court in Civil Misc.
Writ No. 355 of 1952.
H. N. Sanyal, Additional Solicitor General of India, G.... | Under section 72 of the : " A person to whom money has been paid . by mistake or under coercion must repay or return it ".
The respondent, a registered firm, paid sales tax in respect of its forward transactions in pursuance of the assessment orders passed by the sales tax officer for the years 1949 51, but in 1952, th... |
Appeal No. 481 of 1957.
Appeal by special leave from the judgment and order dated December 12, 1955, of the Punjab High Court (Circuit Bench) Delhi, in Civil Writ Application No. 11 D of 1955.
Gurbachan Singh and R. section Narula, for the appellant.
C.K. Daphtary, Solicitor General of India, H. J. Umrigar and T. M. Se... | The appellant firm, an unsuccessful applicant for a license for vending foreign liquor in New Delhi for the year 954 1955, moved the High Court under article 226 of the Constitution for a writ of certiorari quashing the order granting the license to a rival applicant and impleaded the Chief Minister, the Excise Commiss... |
Appeal No.230 of 1954.
Petition No. 276 of 1953.
Appeal from the judgment and order dated June 7, 1954, of the former Pepsu High Court in Civil Misc.
No. 97 of 1953.
Petition under Article 32 of the Constitution of India for the enforcement of fundamental rights.
731 G.S. Pathak, Veda Vyasa, section K. Kapur and J. B. ... | The appellant company which was incorporated in 1938 in the erstwhile State of Jind obtained certain concessions from the Ruler of the State under an agreement dated April 1, 1938, which, inter alia, provided that the State was to be allotted certain shares in the company without any payment and as regards income tax t... |
Appeal No. 121 of 1955.
Appeal from the judgment and decree dated April 22, 1953/24th February, 1954, of the Allahabad High Court (Lucknow Bench) in F. C. Appeal No. 50 of 1947, arising out of the judgment and decree dated April 15, 1947, of the Court of the Civil Judge, Bahraich, in Regular Suit No. 25 of 1946.
sectio... | The respondent No. 1, a Central Board constituted under the United Provinces Muslims Waqf Act, 1936, by a notification under section 5(1) Of the Act dated February 26, 1944, took into ' management the properties of a Darga Sharif and on October 18, 1946, the appellants, three of the five members of the Managing Committ... |
l Appeal No. P 409 of 1958.
Appeal by special leave from the judgment and order dated May 13, 1958, of the Punjab High Court at Chandigarh in First Appeal from Order No. 24 of 1958.
C. B. Aggarwala and Naunit Lal, for the appellant.
H. section Doabia, K. R. Chaudhury and M. K. Ramamurty, for the respondent No. 1. 1958.... | The first respondent filed an election petition against the 1404 appellant on the grounds: (i) that he committed the corrupt practice specified in section 123(7) Of the Representation of the People Act, 195I inasmuch as he had obtained the assistance of one P, a member of the armed forces, who had acted as his polling ... |
Appeals Nos. 5 and 6 of 1955.
Appeals from the judgment and decree dated September 15, 1952, of the Madras High Court in Second Appeals Nos.
2256 of 1947and 2545 of 1948, 2 arising.
out of the judgment and decree dated September 19, 1946, of the Court of Subordinate Judge of Kozhikode in Appeal Suit Nos. 336 and 180 of... | A will executed jointly :by three persons contained, inter alia, the following recitals: " We have hereby settled and agreed that all the moveable and immoveable properties acquired jointly and separately by us till now, and those which we may be so acquiring in future and those which have devolved on us and those whic... |
iminal Appeals Nos. 102 and 103 of 1958.
Appeals by special leave from the judgment and order dated March 28, 1958, of the Calcutta High Court in Criminal Appeal No. 428 of 1957 and reference section 374 Cr. P. C. No. 8 of 1957 arising out of the 1325 judgment and order dated September 21, 1957, of the Court of the Ses... | The two appellants and one other person were accused of committing a murder.
The second appellant made a confession before a Magistrate.
The police submitted a charge sheet against the three accused.
Thereafter the prosecution made a prayer to the sub divisional Magistrate that the second appellant may be tendered a pa... |
iminal Appeal No. 29 of 1956.
Appeal from the judgment and order dated August 24, 1955, of the Calcutta High Court, in Criminal Appeal No. 196 of 1954, arising out of the judgment and order dated June 7, 1954, of the Court of the Judge, Special Court, Burdwan, in Special Court case No. 10 of 1952.
section C. Issacs and... | On September 6, 1952, the appellant, who was being tried by an Assistant Sessions Judge and a jury, was caught while giving a bribe to one of the jurors.
By a notification dated November 27, 1952, the Government of West Bengal, acting under section 4(2) Of the West Bengal Criminal Law Amendment (Special Courts) Act, 19... |
Appeal No. 297 of 1955.
Appeal from the judgment and decree dated April 7, 1954, of the Patna High Court in Misc.
Judicial Case No. 327 of 1951.
A. V. Viswanatha Sastri and B. K. Sinha, for the appellant.
K. N. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the respondent.
October 1.
The Judgment of the Court was de... | In respect of the assessment of the appellant to income tax the Income tax Officer excluded the amount of interest on arrears of rent received by him, in view of the decision of the Patna High Court in Kamakshya Narain Singh vs Commissioner of Income tax, [1946] 14 , that this amount was not liable to be taxed, though ... |
Appeal No. 108 of 1954.
Appeal from the judgment and decree dated March 21, 1952, of the Calcutta High Court in Appeal from Appellate Decree No. 971 of 1950, arising out of the judgment and decree dated August 29, 1950, of the Court of District Judge of Zillah Burdwan in Title Appeal No. 247/16 of 1948 against judgment... | The lands in question are situate in lot Ahiyapur which is one of the villages forming part of the permanently settled estate of Burdwan and had been set apart as Chaukidari Chakaran lands to be held by the Chaukidars for rendering service in the village as watchmen.
At the time of the permanent settlement the income f... |
Appeal No. 233 of 1954.
Appeal from the judgment and decree dated August 22, 1950, of the Bombay High Court in Appeal No. 80 of 1946 from original decree, arising out of the judgment and decree dated October 19, 1945, of the Court of Civil Judge, Senior Division, Dharwar, in Special Suit No. 64 of 1943.
A. V. Viswanath... | j was the managing director of a Co operative Bank getting a yearly remuneration of Rs. 1,000.
The Bank went into liquidation and an examination of the affairs having showed that the monies of the Bank were not properly invested and that J was negligent in the discharge of his duties, a payment order for Rs. 15,100 was... |
Appeals Nos. 278 and 279 of 1956.
Appeal from the judgment and order dated November 14, 1950, of the Allahabad High Court in Incometax Miscellaneous Case No. 12 of 1950.
47 A. V. Viswanatha Sastri and A. N. Kirpal for the appellant.
C. K. Daphtary, Solicitor General of India, Rajagopala Sastri, R. H. Dhebar and D. Gupt... | The assessee, who was ordinarily resident in British India, carried on business at Khurja and Aligarh in India and at Chistian in the Indian State of Bahawalpur.
He kept a central set of accounts of the business at Khurja, which were maintained on the mercantile system.
Under the said system credit entries are made in ... |
Appeal No. 222 of 1956.
40 Appeal by special leave from the judgment and decree dated December 8, 1953, of the former Nagpur High Court in Misc.
Civil Case No. 55 of 1950.
C. K. Daphtary, Solicitor General of India, K. K. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the appellant.
The respondent did not appear.
Oc... | The Deputy Commissioner of Amraoti, evolved a scheme for the distribution of standard cloth.
The assessees agreed to finance the scheme without charging any interest and were appointed financiers and distributors.
The orders for the cloth were placed by the Government with the mills and the cloth was delivered to the a... |
iminal Appeal No. 103 of 1956.
H. J. Umrigar and R. H. Dhebar, for the appellant.
The sole question arising for determination is whether on the facts and circumstances of the case the High Court was correct in holding that the act of the respondent complained of constituted an offence under section 228 of the Indian Pe... | The respondent, who had filed a complaint in respect of an alleged offence under section 500 of the Indian Penal Code in the Court of the Additional District Magistrate of Indore, made a number of aspersions against the Magistrate in an application I74 1368 made to him under section 528 of the Code of Criminal Procedur... |
Appeal No. 301 of 1958.
Appeal by special leave from the judgment and order dated February 21, 1958, of the Madhya Pradesh High Court at Jabalpur in Letters Patent Appeal No. 22 of 1958, against the order dated February 20, 1958, of the said High Court in Misc.
Petition No. 266 of 1957.
M.K. Nambiyar, section N. Andley... | The main point for decision in this appeal by the Municipal Committee of Dhamtari and its President was, whether in appointing an Executive Officer in exercise of its powers under section 53A of the C. P. and Berar Municipalities Act, 1922, the State Government acted in a judicial capacity or in an administrative one C... |
Appeal No. 401 of 1956.
Appeal by special leave from the judgment and order dated March 8, 1956, of the Travancore Cochin High Court at Ernakulam in I.T.R. No. 24 of 1954.
A. V. Viswanatha Sastri, section R. Ganapathy Iyer, J. B. Dadachanji and G. Gopalakrishna, for the appellant.
K. N. Rajagopala Sastri, R. H. Dhebar ... | The assessee was teaching his disciples Vedanta philosophy without any motive or intention of making a profit out of such activity.
One of his disciples made gifts of money to him on several occasions.
It was contended by the assessee that he was not liable to tax on the amounts received as he was not carrying on any v... |
Appeal No. 91 of 1957.
Appeal from the judgment and order dated March 29, 1956, of the Saurashtra High Court at Rajkot in Civil Reference No. I of 1955.
Shankarlal G. Bajaj and P. C. Aggarwal, for the appellant.
K. N. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the respondent.
October 9.
The Judgment of the Court... | The assessee, a private limited company in Saurashtra, was assessed for the assessment year 1952 53 on a total income of Rs. 26,385.
It was assessable at the rate of four annas per rupee but in view of the provisions of the Part B States (Taxation Concession) Order, 1950, it was actually assessed at the rate of sixteen... |
Appeal No. 91 of 1954.
Appeal from the judgment and decree dated December 10, 1948, of the Madras High Court in Regular First Appeal No. 609 of 1946, arising out of the judgment and decree dated March 30, 1946, of the Court of the Subordinate Judge of Chicacole in Original Suit No. 1 of 1943.
A. V. Viswanatha Sastri an... | The appellant, defendant No. 1 in the suit, from which the appeal arises, and the father of defendants 2 to 7, as the highest bidders, obtained a seventeen years ' lease of a salt factory from the Government and the license to manufacture and sell salt under the Madras Salt Act, 1889.
They entered into a partnership wi... |
Appeals nos.
317 to 320 of 1957.
Appeal from the judgment and order dated March 5, 1954, of the Madras High Court, in Writ Petitions Nos. 613 and 629 of 1952 and 201 and 202 of 1953.
A. V. Viswanatha Sastri and B. K. B. Naidu, for the appellants.
191 A. N. Kripal, R. H. Dhebar and D. Gupta, for respondent No. 1. 1958.
... | Two persons, B and C, formed a partnership firm on April 20, 1936, and the firm was dissolved on March 31, 1948.
I and C along with R formed a second firm on July 30, 1941, and it was dissolved on March 31, 1949.
B and C along with five others formed a third firm on December 1, 1941, and it was dissolved on January 1, ... |
Appeal No. 410 of 1958.
Appeal by special leave from the judgment and order dated July 31, 1958, of the Judicial Commissioner 's Court, Himachal Pradesh at Simla in Civil Misc.
First Appeal No. 2 of 1958.
K.L. Misra, Advocate General for the State of U. P. and section section Shukla, for the appellant.
Achhru Ram and G... | The appellant, who was a candidate for election to Parlia ment, signed a very large number of blank forms for the appointment of polling agents and made them over to one Kalyan Singh.
Kalyan Singh passed on three of the forms to Kashmira Singh after inserting therein the name of a particular polling station.
Kashmira S... |
Appeal No. 433 of 1957.
Appeal from the judgment and order dated August 24, 1956, of the Rajasthan High Court at Jodhpur in Civil Misc.
Case No. 17 of 1955.
B. D. Sharma, for the appellant.
A. N. Kripal, R. H. Dhebar and D. Gupta, for the respondent 1958.
October 17.
The Judgment of the Court was delivered by VENKATARA... | The appellant, a resident of the once independent State of Udaipur, held 266 shares in the Mewar Industries Ltd., a company registered in that State.
There was no law in the State of Udaipur imposing tax on income and it was on April 1, 1950that for the first time the residents of Rajasthan, in which the State had merg... |
Appeal No. 117 of 1955.
Appeal by special leave from the judgment and order dated the 25th March, 1953, of the Madras High Court, in Civil Misc.
Petition No. 6577 of 1952.
R. Ganapathy Iyer, for the appellant.
Sardar Bahadur, for the respondent.
October 31.
The Judgment of the Court was ,delivered by S.K. DAS, J.
In th... | In 1944 the respondent instituted a suit for the recovery of money due under an award dated July 31, 1935, whereby the appellant and his brother were directed to pay a certain amount to the respondent.
The suit was dismissed by the trial Court 238 but on appeal the High Court passed a decree on March 9, 1951.
During th... |
Appeal No. 122 of 1957.
Appeal from the order dated November 4, 1954, of the Punjab High Court (Circuit Bench) at Delhi in Civil Reference No. 15 of 1953.
R. Ganapathy Iyer, R. H. Dhebar and D. Gupta, for the appellant.
P. M. Mukhi, Gopal Singh for Udhai Bhan Choudhry, for the respondent.
P. M. Mukhi and Ganpat Rai, fo... | The respondent who bad not been assessed to income tax prior to the assessment year 1948 49 made suo motu returns on July 4, 1949, showing an income of Rs. 4,494 and Rs. 31,646 respectively, for the assessment years 1948 49 and 1949 5o, but failed to send an estimate of the tax on his income as provided in section 18A(... |
os. 120 122, 164, 199, 213, 255, 260, 363, 378, 402 & 407 of 1955, 6, 7, 43, 120, 126, 142, 153, 154, 198, 216 & 223 of 1956, 32, 49, 60, 61, 141 & 143 of 1957, 3, 7 & 104 of 1958.
Petitions under Article 32 of the Constitution for the enforcement of fundamental rights.
Achhru Ram and Ganpat Rai, for the petitioners in... | The petitioners, who were land owners of Himachal Pradesh, challenged the constitutional validity of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (Himachal 15 of 1954), said to have been passed by the Legislative Assembly of the State of Himachal Pradesh functioning under the Himachal... |
Appeal No.426 of 1957.
Appeal from the judgment and order dated April 21, 1955, of the Orissa High Court at Cuttack in Special Jurisdiction Case No. 179 of 1951.
A. N. Kripal, R. H. Dhebar and D. Gupta, for the appellant.
A. V. Viswanatha Sastri, M. section K. Sastri and R. Jagannatha Rao, for the respondent.
October 1... | The respondent, the proprietor of an estate, derived income from the sale of trees growing in his forests and claimed that it was agricultural income as defined in section 2(1) of the Indian Income tax Act, 1922, and that it was exempt from payment of income tax under section 4(3)(viii).
The Appellate Tribunal found th... |
Appeal No.793 of 1957.
Appeal by special leave from the judgment and order dated September 20, of the Patna High Court in M.J.C. No. 392 of 1955.
C. K. Daphtary, Solicitor General of India, A. B. N. Sinha and B. P. Maheshwari, for the appellant.
section P. Varma, for respondents Nos.
1,2,6 8 and 10 23. 1958.
November 4... | Gaya Sugar Mills Ltd. went into liquidation and the sugar factory owned by it was leased out to the appellant by the liquidator with the permission of the Court on December 6, 1954, to be worked in terms of the lease which provided, inter alia, that the lessee would neither be liable for any of the liabilities of the c... |
65 of 1958.
Petition under Article 32 of the Constitution of India for enforcement of fundamental rights.
AND CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 112 of 1958.
277 Appeal by special leave from the judgment and order dated February 28, 1958, of the Punjab High Court in Criminal Revision No. 145 of 1958.
... | The two petitioners were apprehended while attempting to smuggle a huge amount of Indian and foreign currency and other contraband goods out of India and the Collector of Central Excise and Land Customs passed orders confiscating the seized goods and imposing heavy personal penalties on both of them under 275 section 1... |
ivil Appeal No 138 of 1955.
Appeal from the judgment and decree dated October 15, 1953, of the Mysore High Court at Bangalore in Regular Appeal No. 255 of 1950 51, arising out of the order dated September 18, 1950, of the Court of the District Judge, Bangalore, in Misc.
Case No. 39 of 1947 48.
G. Channappa, Assistant A... | Certain land belonging to the respondent was compulsorily acquired by the Government for a maternity hospital.
Most of the land consisted of building sites but there was a building on a small portion of the land and a portion was low lying land.
The Special Land Acquisition Officer held on the basis of the value of sit... |
Appeals Nos. 271 272 of 1955.
Appeal by special leave from the judgment and order dated June 19, 1953, of the Calcutta High Court in Income tax Reference Nos. 6 & 7 of 1950.
A.V. Viswanatha Sastri, A. K. Dutt, section K. Kapur and Sukumar Ghose, for the appellant.
C.K. Daphtary, Solicitor General of India, R. Ganapathy... | For the assessment year 1946 47 the appellant, a Hindu undivided family carrying on business, filed a petition before the income tax Officer, under section 25A of the Indian Income tax Act, 1922, claiming that there had been a partition in the family on April 24,1945.
As regards the income assessable under section 23 O... |
230 239, 241, 249 251, 256, 257, 290, 303, 306 349, 351, 352, 355 357 of 1955 and Nos. 33 & 36 of 1956.
Petitions under Article 32 of the Constitution of India.
480 Achhru Ram and Naunit Lal, for the petitioners in Petitions Nos. 239, 241 & 251 of 1955.
Naunit Lal, for the petitioners in Petitions Nos. 249 & 250 of 195... | Section 4 Of the Ajmer Abolition of Intermediaries and Land Reforms Act, 955, provided for vesting of all estates held by intermediaries, as defined in the Act, in the State from a date to be notified, and the petitioners who were affected thereby filed petitions under article 32 Of the Constitution of India challengin... |
100 of 1958.
Petition under Article 32 of the Constitution for enforcement of fundamental rights.
M. K. Nambyar, K. Mangachari, G. Suryanarayana and P. V. R. Patachari, for the petitioners and intervener.
M. C. Setalvad, Attorney General for India, R. Ganapathi lyer, P. R. Ramachandra Rao and T. M. Sen, for the respond... | With a view to nationalise the road transport services under Ch.
IV A of the (IV Of 1939), inserted into it by the amending Act 100 of 1956, the General Manager of Andhra State Transport Undertaking published a scheme under section 68C of the Act in the Official Gazette and invited objections thereto.
By an order of th... |
Appeal No. 119 of 1955.
Appeal from the judgment and order dated June 16, 1953, of the Punjab High Court in Civil Reference No. 1 of 1953.
A. V. Viswanatha Sastri and Naunit Lal, for the appellant.
H. N. Sanyal, Additional Solicitor General of India, R. Gopalakrishnan, R. H. Dhebar and D. Gupta, for the respondent.
Nov... | The appellant, a distiller of country liquor, carried on the business of selling liquor to licensed wholesalers.
Due to shortage of bottles during the war a scheme was evolved, where under the distiller could charge a wholesaler a price for the bottles in which liquor was supplied at rates fixed by the Government, whic... |
ivil Appeal No. 709 of 1957.
Appeal by special leave from the judgment and order dated April 18, 1955, of the Madras High Court in Case Referred No. 25 of 1952.
A. V. Viswanatha Sastri and M. section K. Sastri, for the appellant.
"M. C. Setalvad, Attorney General for India, R, Ganapathy Iyer, R. H. Dhebar and D. Gupta,... | The appellant, who was a firm acting as managing agents of a limited company (the Mills), purchased four plots of land adjoining the Mills on various dates between 1941 and 1942, and about five years later sold them to the Mills, as a result.
of which the appellant realised a sum of Rs. 43,887 in excess of the purchase... |
iminal Appeal No. 186 of 1956.
Appeal by special leave from the judgment and order dated February 18, 1955, of the Punjab High Court in Criminal Appeals Nos. 389 and 406 of 1954, arising out of the judgment and order dated June 16, 1954, of the Court of the Additional Sessions Judge, Ferozepur, in Sessions Case No. 5 o... | Several persons attacked and seriously injured one M.
After assaulting him the assailants were carrying him away when M 's brother R came to rescue him and in self defence shot dead one of the assailants and carried M away.
For the assault on M eight persons, including the appellants, were tried for offences under (1) ... |
13 & 38.
41 of 57 and 55 of 1958.
Petitions under Article 32 of the Constitution of India for the enforcement of Fundamental rights.
V. M. Limaye and section section Shukla, for the petitioners (In Petitions Nos. 13, 38 411/57).
492 Purshottam Tricumdas and J. B. Dadachanji, for the petitioner (In Petition No. 55/58).
... | The petitions challenged the constitutional validity of the Bombay Tenancy and Agricultural lands (Amendment) Act, 1956, (1) ; 62 490 (Bom.
XIII of 1956) which, in further amending the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom.
LXVII of 1948), ;Ought to distribute the ownership and control of agricultural la... |
Appeal No. 125 of 1955.
Appeal from the judgment and decree dated November 20, 1951, of the former Court of Judicial Commissioner, Vindhya Pradesh, in Civil First Appeal No. 47 of 1951, arising out of the judgment and decree dated June 4, 1951, of the Court of Additional District Judge, Umaria, in Civil Original Suit N... | When cloth control was introduced in Rewa State, 25 cloth dealers of Budhar, including the thirteen appellants, formed themselves into an Association to collect the quota of cloth to be allotted to them and to sell it on profit.
The Association functioned through a President and a pioneer worker; they kept accounts and... |
minal Appeal No. 118 of 1958.
Appeal from the judgment and order dated May 14, 1958, of the Allahabad High Court in Criminal Revision No. 1594 of 1956, arising out of the judgment and order of the Court of Additional Sessions Judge at Kanpur in Criminal Revision No. 13 of 1956.
C. P. Lal, for the appellant.
640 Gopi Na... | On April 26, 954, the appellant was arrested for offences under sections 420, 482, 483, 485 and 486 Indian Penal Code and bidis alleged to bear counterfeit trade marks were seized from him.
On this a complaint was filed on May 26, against the appellant that he was in possession of counterfeit bidis, wrappers and labels... |
Appeal No. 177 of 1955.
Appeal from the judgment and decree dated September 28, 1953, of the former Nagpur High Court in First Appeal No. 115 of 1951, arising out of the judgment and decree dated July 25, 1951, of the Court of Additional District Judge, Bhandara, in Civil Suit No. 14 A of 1957.
C. B. Aggarwala and Radh... | The respondent filed a suit for declaration and possession of certain properties left by her deceased husband L.
The appellant contested the suit on the grounds that L had adopted him as his son six months before his death In addition to the oral evidence of adoption the appellant alleged that he performed the obsequie... |
103 of 1958.
Petition under article 32 of the Constitution for enforcement of fundamental rights.
M. T. Paikeday and Ganpat Rai, for the petitioner.
Sardar Bahadur, for respondent No. 1.
M. R. Krishna Pillai, for respondent No. 3. 788 1958.
December 11.
The Judgment of the Court was delivered by HIDAYATULLAH, J.
This i... | For the supply of milk to the Government Hospital at Cannanore for the year 1948 49, the petitioner and the third respondent, the Co operative Milk Supplies Society, Cannanore, had submitted tenders, and the Superintendent who scrutinised them accepted that of the petitioner and communicated to the Director of Public H... |
section 176, 177 and 253 of 1956; 34, 35, 51 53, 69, 70, 75, 94 & 137 of 1957 ; 34, 58, 72, 90, 92, 106, 109 & 115 of 1958.
Petitions under Article 32 of the Constitution of India for.
enforcement of Fundamental rights.
C.B. Aggarwal and Naunit Lal, for the petitioner (In Petition No. 176 of 1956).
Achhru Ram and Nauni... | The point in controversy in these petitions was the con stitutional validity of the Punjab Security of Land Tenure Act (Punj.
X Of 1953), as amended by Act XI of 1955, which sought to "provide for the security of land tenure and other incidental matters ".
The impugned Act which admittedly dealt with holdings as define... |
Appeal No.208 of 1958.
Appeal by special leave from the order dated January 29, 1958, of the Commissioner of Income tax,Delhi & Rajasthan at New Delhi, under section 8A(2) of the 532 Taxation on Income (Investigation Commission) Act, 1947.
Harnam Singh and Sadhu Singh for the appellant.
M. C. Setalvad, Attorney General... | The two questions for determination in this appeal were, (1) whether a settlement under section 8A of the Taxation of Income (Investigation Commission) Act, 1947 (30 Of 1947) made after the commencement of the Constitution was constitutionally valid and (2) whether the waiver of a fundamental right was permissible unde... |
Appeal No. 153 of 1955.
Appeal by Special Leave from the judgment and decree dated August 30, 1954, of the Allahabad High Court in Civil Revision Application No. 540 of 1951, arising out of the judgment and decree dated March 31, 1951, of the Court of the Additional Civil Judge, Mathura, in Suit No. 19 of 1950.
G. C. M... | Landlord and Tenant Accommodation Agreed monthly rent New construction Enhancement of rent House Allotment Officer 's findings Power of the civil courts to interfere U. P. Templeton Control of Rent and Eviction Act, 1947 (U.P. 3 of 1947), SS.
2(a)(f) 3A, 5(4), 6.
In 1938 the respondent took on rent from the appellant t... |
121 of 1958.
Petition under Article 32 of the Constitution for enforcement of Fundamental rights.
G. B. Pai and Sardar Bahadur, for the petitioner.
M. C. Setalvad, Attorney General for India, B. Sen and T. M. Sen, for the respondents.
December 11.
The Judgment of the Court was delivered by GAJENDRAGADKAR, J.
The petiti... | The petitioner, an unsuccessful applicant for registration as an exporter and licensee for exporting coir products, challenged the vires of the rr. 18, 19, 20(1)(a), 21 and 22(a) made by the Central Government in exercise of its powers under section 26(1) of the (45 Of 1953).
The Act had for its object the regulation a... |
minal Appeal No. 187 of 1956.
Appeal by special leave from the judgment and order dated December 7, 1955, of the Patna High Court in Criminal Revision No. 875 of 1954, arising out of the judgment and order dated May 31, 1954, of the Court of the Additional Sessions Judge at Arrah in Criminal Appeal No. 293 of 1953.
B. ... | One R, the wife of S, disappeared from her husband 's house.
She was traced to the house of the appellants, A and his brother B.
When S went there and asked A to let his wife go with him A told him that he had married her and B threatened S and asked him to go away.
The appellants were charged under section 498 Indian ... |
Appeal No. 288 of 1958.
Appeal by Special Leave from the judgment and order dated December 3, 1956, of the Punjab High Court (Circuit Bench) at Delhi in Letters Patent Appeal No. 25 D of 1956, arising out of the judgment and order dated April 9, 1956, of the said High Court (Circuit Bench) at Delhi in Civil Writ No. 8 ... | The appellant, a Government servant, was charged with having, contrary to the rules governing the conditions of his service, accepted private employment without sanction of Government while he was still in Government service.
The Officer who held an enquiry against him found the charge to be true and submitted a report... |
Appeal No. 695 of 1957.
Appeal by special leave from the judgment and order dated September 17, 1957, of the Andhra 1113 Pradesh High Court in Civil Revision Petition No. 1112 of 1957 arising out of the order dated July 6, 1957, of the Court of the Second Additional Judge, City Civil Court, Hyderabad (Decan), made on t... | The appellant instituted a suit against the third respondent, inter alia, for a declaration that she was his lawfully married wife, alleging that though the fact of her marriage was known to all who knew him, he was trying to suppress the facts in such a way that the members of his family should conclude that she was n... |
Appeals Nos. 254 to 256 of 1958.
Appeals by special leave from the judgment and orders dated May 14, 1956, and June 15, 1956, of the Bombay High Court in Special Civil Applications Nos.
1270, 1373 and 1374 of 1956.
ORIGINAL JURISDICTION: Petitions No& IS and 66 of 1957.
Petitions under Article 32 of the Constitution of... | The appellants were Taluqdars owning taluqdari villages in District Ahmedabad, State of Bombay.
In 1922 23 there was a revision settlement of land revenue and the aggregate sum of land revenue payable by each taluqdari estate was fixed.
In 1925 26, in exercise of the powers conferred by section 22 of the Gujrat Taluqda... |
iminal Appeal No. 1 of 1955.
Appeal from the judgment and order dated October 13, 1954, of the former Judicial Commissioner 's Court, Ajmer, in Criminal Reference No. 31 of 1954.
H. J. Umrigar and T. M. Sen, for the appellant.
The respondents did not appear.
December 16.
The Judgment of the Court was delivered by HIDAY... | The Ajmer (Sound Amplifiers Control) Act, 1952, was enacted by the Ajmer Legislative Assembly which, by section 21 Of the , was empowered to make laws for the whole or any part of the State with respect to any of the matters enumerated in the State List or in the Concurrent List.
The respondents were prosecuted under s... |
Appeal No. 120 of 1955.
Appeal from the judgment and decree dated March 25, 1949, of the Madras High Court in Appeal No. 55 of 1946, arising out of the judgment and decree dated November 26, 1945, of the Court of the District Judge of Bellary in Original Suit No. 39 of 1943.
A. V. Viswanatha Sastri and K. R. Chaudhury ... | Sub section (1) of section 14 Of the , provided: " Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner." A suit instituted by the nearest reversioner of K for a declaration that the adoption made b... |
122 of 1958.
Petition under Article 32 of the Constitution of India for the enforcement of Fundamental rights.
1958, Oct. 16, 17, 28, 29, 30.
Basdeva Prasad and Naunit Lal, for the petitioner : The main question to be considered in the case is as to whose privilege has been involved and violated those of the press or t... | The petitioner, the Editor of the English daily newspaper Searchlight of Patna, was called upon by the Secretary of the Patna Legislative Assembly to show cause before the Committee of Privileges of the Assembly why appropriate action should not be taken against him for the breach of privileges of the Speaker and the A... |
minal Appeal No. 203 of 1956.
Appeal by special leave from the judgment and order dated December 14, 1955, of the Assam High Court at Gauhati in Criminal Appeal No,.
54 of 1955, arising out of the judgment and order dated May 23, 2 1955, of the Court of the Special Judge, Lower Assam Districts at Dhubri in Special Case... | The appellant was tried for an offence under section 165A of the Indian Penal Code for having abetted K, an Inspector in charge of checking paddy, in the commission of an offence by the latter under section 161 of the Code.
The prosecution case was that while the complainant was taking paddy for sale K demanded Rs. 200... |
Appeal No. 145 of 1955.
Appeal from the judgment and decree dated the February 10, 1953, of the Bombay High Court in 65 Appeal No. 742 of 1951 from Original Decree, arising out of the judgment and decree dated July 31, 1951,, of the Court of the Senior Civil Judge, Poona, in Special ' Suit No. 89 of 1950.
H. D. Banaji,... | The appellant, a public limited company, was the lessee of wo cinema houses, " West, End " and " Capitol " situated within the Poona cantonment area.
, By a notification dated June 17, 1948, the Bombay Government with the sanction of the Governor General in Council imposed certain taxes in the cantonment of Poona inclu... |
Appeal No. 191 of 1955.
Appeal by special leave from the judgment and decree dated July 31, 1953, of the Calcutta High Court in First Appeal No. 88 of 1950, arising out of the judgment and decree dated May 18, 1950, of the Arbitrator, 24 Parganas, Alipore, in L. A. Case No. 71 of 1944.
A.V. Viswanatha Sastri and Naunit... | The four storied premises in suit belonging to the appellant were requisitioned by the respondent for the purposes of the Controller of Army Factory Accounts who already had his office in a neighbouring house.
The arbitrator, to whom the question of compensation was referred, awarded compensation of Rs. 2,581, 8 0 acco... |
No. 119 of 1957.
Writ Petition, under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
Achhru Ram, J. P. Goyal and K. L. Mehta, for the petitioners.
H. N. Sanyal, Additional Solicitor General of India, K.L. Misra, Advocate General for the State of U. P. and Gopi Nath Dixit, for the res... | The petitioners challenged the constitutional validity of the U.P. Consolidation of Holdings Act (U .
P. V of 954), as amended by the amending Acts, which was intended to encourage the development of agriculture by the allotment of compact areas to tenure holders in lieu of scattered plots so that large scale cultivati... |
minal Appeals Nos.
25 27 of 1955.
Appeals from the judgments and order dated February 1, 1955, of the Punjab High Court (Circuit Bench), Delhi in Cr.
Appeals Nos.
5 D, 6 D and 13 D of 1952, arising out of the judgments and orders dated December 22, 1951, of the 1st Class Magistrate, New Delhi in Criminal Cases Nos. 220... | Section 36(1) of the East Punjab Public Safety Act, 1949, (Punj.
5 Of 1949), which was passed in the wake of the partition disturbances in India with a view to ensure public safety and the maintenance of public order, provided that offences mentioned therein land committed in the area declared to be dangerously disturb... |
Appeal No. 480 of 1958.
Appeal by special leave from the judgment and order dated April 15, 1958, of the Orissa High Court in Misc.
Appeal No. 194 of 1957, arising out of the judgment and order dated October 26, 1957, of the Election Tribunal, Puri, in Election Case No. 1/67 of 1957.
Veda Vyasa and A. V. Viswanatha Sas... | The appellant was declared elected to the Orissa Legislative Assembly and the first respondent filed an election petition challenging the election, inter alia, on the ground that the appellant had committed the corrupt practice under section 123(7)(f) Representation of the People Act, 1951, by obtaining the assistance ... |
iminal Appeals Nos. 81 and 82 of 1958.
Appeals by special leave from the judgment and order dated February 28, 1958, of the Allahabad High Court in Criminal Appeal No. 1809 of 1957 and Referred No. 138 of 1957 arising out of the judgment and order dated November 28, 1957, of the Court of Sessions at Farrukhabad in Sess... | Early one morning the five appellants, Tej Singh armed with a spear, his son Mizaji armed with a pistol which he carried in the folds of his dhoti, his nephew Subedar, his cousin Machal and his servant Maiku armed with lathis went to take forcible possession of a field which was in the cultivatory possession of Rameshw... |
No. 134 of 1958.
Writ Petition under Article 32 of the Constitution of India for the Enforcement of Fundamental Rights.
N. C. Chatterjee, K. P. Mukherjee, P. D. Himatsinghka and B. P. Maheshwari, for the petitioners.
M. C. Setalvad, Attorney General for India, B. Sen and R. H. Dhebar, for the respondent.
K. P. Khaitan,... | In exercise of the powers under section 3 Of the Essential Com modities Act, 1955, and under cl. 5 of the Sugar (Control) Order, 1955, the Government of India issued a notification dated July 30, 1958, fixing the ex factory price per maund of sugar produced in Punjab, Uttar Pradesh and North Bihar.
The petitioners chal... |
minal Appeal No. 141 of 1958.
Appeal by special leave from the judgment and order dated November 28, 1957, of the Madhya Pradesh High Court in Criminal Revision No. 78 of 1957, arising out of the judgment and order dated August 21, 1957, of the Court of Special Judge at Gwalior in File No. 2/57 Special Case.
G. C. Math... | Section 5A of the Prevention of Corruption Act, 1947, pro vided: " No police officer below the rank of a deputy Superintendent shall investigate any offence punishable under section 161, section 165 or section 165A of the Indian Penal Code or under section 5(2) of the Act without the order of a magistrate of the first ... |
Appeal No. 674 of 1957.
Appeal by special leave from the judgment and decree dated August 10, 1955, of the Bombay High Court in C. R. Application No. 1213 of 1953, arising out of the judgment and decree dated April 25, 1953, of the Assistant Judge, Thana, in C. A. No. 97 of 1952, against the judgment and decree dated J... | The appellant was a tenant originally in the old building but after it was purchased by the respondent he vacated it and became a tenant under the respondent in the new premises.
In the old building the appellant had sub tenants, who shifted to the new premises along with the appellant when the latter occupied those pr... |
Appeals Nos. 713 to 715 of 1957.
Appeals by special leave from the judgment and order dated May 25, 1956, of the Labour Appellate Tribunal of India (Lucknow Bench) in Appeals Nos. 111 272, 282 and 327 of 1955, arising out of an Award dated August 18, 1955, of the Additional Industrial Tribunal, Delhi.
M. C. Setalvad, A... | The appellant company was incorporated in the United Kingdom, with its registered office in London and its business in the United Kingdom consisted of stores and groceries, including tea which represented only about 10% of its business there.
Its operations in India were carried on by a branch with its head office in C... |
Appeals Nos. 384 and 385 of 1957.
Appeal by special leave from the Order dated November 28, 1952, of the Income tax Appellate 303 Tribunal (Calcutta Bench) in I.T.A. No. 4067 and E.P.T. Appeal No. 391 of 1951 52.
N. C. Chatterjee, B. Sen Gupta and B. P. Maheshwari, for the appellant.
K. N. Rajagopala Sastri, R. H. Dheb... | The appellant was carrying on the business of a railway contractor in a place in the district of R.
In April 1943, the Income tax Officer of R which was under the charge of the Commissioner of Income tax, Bengal (Mufassil), served a notice under section 22(2) of the Indian Income tax Act, 1922, on the appellant who in ... |
Appeal No. 361 of 1958.
Appeal by special leave from the judgment and order dated December 11, 1957, of the Mysore High Court in Civil Revision No. 702 of 1956, against the judgment and order dated August 10, 1956, of the Court of the Second Extra Assistant Judge, Belgaum, in Misc.
Appeal No. 36 of 1955, arising out of... | The arbitration clause incorporated by section 57(1) of the , in a licence granted by the Government for the supply of electrical energy to the consumers is not available for adjudicating upon a dispute between the licensee and the consumer, for the licence is an engagement between the licensee and the Government and t... |
l Appeals Nos. 181 and 181 A of 1955.
Appeals from the judgment and decree dated September 30, 1952, of the former Nagpur High Court in Second Appeals Nos. 699 and 700 of 1946, arising out of the judgment and decree dated February 21, 1946, of the court of First Additional District Judge, Nagpur, in Civil Appeals Nos.
... | In 1909, for the purpose of residential accommodation, plots of land were given on lease by the Government to the appellants and others for which a premium of Rs. 350 and an annual rent of Rs. 3 8 0 for each plot had to be paid.
Clause III of the deed of lease in each case provided: " And the lessor does further covena... |
Appeal No. 152 of 1955.
Appeal by special leave from the judgment and order dated March 25, 1953, of the Jammu and Kashmir High Court in Civil First Appeal No. 4 of 2009.
N.C. Chatterjee, Gopi Nath Kunzru and Naunit Lal, for the appellants.
H.N. Sanyal, Additional Solicitor General of India, Jaswant Singh, Advocate Gen... | This appeal challenged the validity of the Jammu and Kashmir Big Landed Estate Abolition Act, XVII Of 2007 which was enacted by Yuvaraj Karan Singh on October 17, 1950, in exercise of the powers vested in him by section 5 of the Jammu and Kashmir Constitution Act 14 of 1996 (1930) and the final proclamation issued by M... |
Appeal No. 239 of 1955.
Appeal from the Judgment and Decree dated the 30th November, 1953, of the former Nagpur High Court in First Appeal No. 118 of 1947, arising out of the Judgment and Decree dated the 12th August, 109 1947, of the Court of the Additional District Judge, Wardha, in Civil Suit No. 9 A of 1946.
M. C. ... | A document purporting to be a receipt and bearing a four anna revenue stamp was executed by M in favour of the respondent and recited, inter alia, as follows: " I have this day given 108 to you the land described below which is owned by me.
Now you have become occupancy tenant of the same.
You may enjoy the same in any... |
Appeal No. 88 of 1959.
Appeal by special leave from the judgment and order dated May 6, 1958, of the Industrial Tribunal, Delhi, in 0.
P. No. 54 of 1958.
M.C. Setalvad, Attorney General for India, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
Janardan Sharma, for the respondent... | The appellant company served a charge sheet on the res pondent who was one of its employees alleging that he had stolen the cycle of the company 's Head Clerk.
A criminal case relating 228 to the theft was pending against him then.
He was asked to show cause why he should not be dismissed for misconduct, and as his exp... |
433 of 1955 and 40 41 of 1956.
Petitions under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
M.C. Setalvad, Attorney General for India, M. K. Nambiyar, J. B. Dadachanji, section N. Andley and Rameshwar Nath, for the petitioners.
T. M. Sen, for the State of Madras.
K. V. Suryanarayana Iy... | The petitioner in Petition No. 143 was the Moopil Nair of the Kavalappara sthanam and, as the sthanee, claimed to be the sole proprietor of the sthanam properties.
The respondents Nos. 2 to 17, who were the junior members of the Kavalappara tarward or family, resisted the claim on the ground that the properties were ta... |
ppeals Nos. 125 and 164 of 1958.
Appeals by special leave from the Award dated August 26, 1957, of the Fifth Industrial Tribunal at West Bengal in Case No. VIII 264/56.
section C. Issacs and section N. Mukherjee, for the Appellants in C. A. No. 125/58 and Respondents in C. A. No. 164/58.
N. C. Chatterjee and Dipak Datt... | Aggrieved by an Award of 195, the employees placed before the Company a fresh charter of demands which was mutually settled by a written agreement which provided, inter alia, that the existing rate of dearness allowance should prevail which was adjustable to any future substantial change in the cost of living index of ... |
Appeal No. 37 of 1958.
Appeal by special leave from the judgment and order dated September 14, 1956, of the Madras High Court in Writ Appeal No. 64 of 1956, arising out of the judgment and order dated May 1, 1956, of the said High Court in Writ Petition No. 852 of 1955.
G. section Pathak, R. Ganapathy lyer and O. Gopal... | The appellant and the fourth respondent along with others were applicants for a stage carriage permit.
The Regional Transport Authority after hearing the applicants granted the permit to the appellant.
On appeal by the fourth respondent the Central Road Traffic Board set aside the order of the Regional Transport Author... |
26 and 27 of 1954, 24 and 437 of 1955, 256 of 1956, 12, 16, 17 and 73 of 1957.
Petition under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
M.S. K. Sastri, for the petitioners in Petitions Nos. 26 and 27 of 54 and 24 of 1955.
V.N. Swami and M. section K. Sastri, for the petitioners ... | Some of the proprietors of the former State of Madhya Pradesh granted to the several petitioners rights to take forest produce, mainly tendu leaves, from the forests included in the Zamindaris belonging to the proprietors.
The agreements conveyed to the petitioners in addition to the tendu leaves other forest produce l... |
Appeal No. 265 of 1956.
Appeal from the judgment and order dated August 26, 1954, of the Calcutta High Court in Income tax Reference No. 107 of 1952.
S.Mitra, Dipak Choudhry and B. N. Ghosh, for the appellants.
C.K. Daphtary, Solicitor General of India, K. N. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the respon... | The appellant carried on business in England and in India.
For the previous years it paid excess profits tax in both countries and it obtained deduction of the amounts so paid from its profits and gains for the purposes of the Indian Income tax Act.
In the assessment year 1947 48 it obtained a repayment of RS.
2,31,009... |
Appeal No. 204 of 1958.
Appeal from the judgment and decree dated January 6, 1956, of the Calcutta High Court in Income tax Reference No. 74 of 1953.
K. N. Rajagopal Sastri, R. H. Dhebar and D. Gupta, for the appellant.
Radha Binod Pal, Panchanan Pal and D. N. Mukherjee, for the respondents.
March 26.
The Judgment of t... | By sub section
6 of section 10 of the Indian Income tax Act, 1922: "A trade, professional or similar association performing specific services for its members for remuneration definitely related to those services shall be deemed for the purpose of this section to carry on business in respect of those services, and the p... |
ivil Appeal No. 65 of 1956.
Appeal from the judgment and order dated August 31, 1954, of the Calcutta High Court in Income tax Ref.
No. 57 of 1953.
N. C. Chatterjee and B. P. Maheshwari, for the appellant.
K. N. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the respondent.
March 26.
The Judgment of the Court was de... | The assessee acquired shares in certain companies under "blank transfers " without getting the transfers registered with the companies and it received dividends in respect of these shares.
It claimed that the dividend income should be grossed up under section 16(2) Income tax Act and that it should be allowed credit un... |
Appeals Nos. 220 to 223 of 1953.
Appeals from the Judgment and decrees dated April 14,1943, of the Bombay High Court in Appeals Nos. 183, 184, 185 and 186 of 1942, arising out of the judgments and decrees dated February 16, 1942, of the Court of the 1st Class Sub Judge, Poona, in Suits Nos.
900/37, 392/35, 875/36 and 1... | The appellants who were the hereditary worshippers, called Guravs, of the Shree Dnyaneshwar Sansthan of Alandi, claimed to be its owners.
The respondents as trustees of the said Sansthan dismissed eleven of the Guravs in 1911, served a notice on the rest calling upon them to agree to act according to the orders of the ... |
ON: Civil Appeal No. 340 of 1957.
Appeal from the judgment and order dated November 29, 1954, of the Hyderabad High Court in Reference No. 234/5 of 1953 54.
K. N. Rajagopala Sastri, B. H. Dhebar and D. Gupta, for the appellant.
48 378 A. V. Viswanatha Sastri, P. Rama Reddy and R. Mahalinga Iyer, for the respondents.
Ma... | In 1931 the respondent, a registered firm, was appointed the sole selling agents and distributors for the Hyderabad State of 376 cigarettes manufactured by V (a limited company)/ under the terms of a resolution of the Board of Directors, the agency commission being a discount of 2% on the gross selling price.
In 1939 a... |
ivil Appeal No. 215 of 1955.
Appeal from the judgment and decree dated April 1, 1953, of the Calcutta High Court in Appeal from Original Decree No. 89 of 1946, arising, out of the judgment and decree dated December 4, 1945, of the Subordinate Judge, Darjeeling, in Money Suit No. 5 of 1940.
409 L. K. Jha and D. N. Mukhe... | The question for determination in this appeal was whether an agreement of partnership with the object of entering into wagering transactions was illegal within the meaning of section 23 Of the Indian Contract Act.
The appellant and the respondent No. 1 entered into a partnership with the object of entering into forward... |
Appeals Nos. 231 and 232 of 1958.
Appeal by special leave from the judgment and order dated October 21, 1957, of the Madras High Court in Writ Petitions Nos. 675 and 676 of 1957.
R. Ganapathy Iyer, section B. Adityan and G. Gopalakrishnan, for the appellant.
A. N. Sinha and P. K. Mukherjee, for respondent No. 1. 1958.
... | The nomination paper of the fourth respondent who was one of the candidates for election to the Legislative Assembly of the State, was rejected by the returning officer on the ground that as he was the Headmaster of a Government aided school he was disqualified under section 7(d) and (e) of the Representation of the Pe... |
Appeal No. 236 of 1954.
Appeal from the judgment and order dated October 9,1953, of the Patna High Court in Misc.
Judicial Case No. 181 of 1953.
Mahabir Prasad, Advocate General for the State of Bihar, Bhagwat Prasad and section P. Varma, for the appellants.
P. R. Das, A. C. Roy and R. R. Biswas, for the respondent.
Ap... | In respect of an ancient temple situate in the State of Bihar, disputes arose in I897 between the high priest and the " pandas " regarding the control of the temple which ultimately led to a suit being filed under section 539 (now section 92) Of the Code of Civil Procedure, in the Court of the District judge of Burdwan... |
Civil Appeals Nos. 85 & 389 of 1957.
Appeal from the judgment and order dated August 26, 1955, of the Calcutta High Court in Income tax References Nos. 44 of 1954 and 17 of 1953.
section Mitra and P. K. Mukherjee, for the appellant (in C. A. No. 85/57.) N. C. Chatterjee and P. K. Ghosh, for the appellant (in C. A. No. ... | The question for determination in these two appeals was whether the appellant firms were entitled to registration under section 26A of the Indian Income tax Act and the common point of law involved was the interpretation of the words " constituted under an instrument of partnership " occurring in that section.
In Appea... |
Appeals Nos. 380 to 389, 391 to 399, 401, 429 and 431 to 434 of 1958.
Appeals from the judgment and decree dated December 19, 1956, of the Allahabad High Court in Civil Misc.
Writs Nos.
1574, 1575, 1576, 1577, 1578, 1579,1444,1584,1586,1589, 1631, 1632, 1634, 1635, 1636,1694, 1695, 1697, 1704, 1707, 3726, 1647, 1948 an... | These appeals impugned the constitutionality of the Uttar Pradesh Transport Service (Development) Act, 1955 (U. P. IX Of 1955), passed by the State Legislature after obtaining the assent of the President, and the validity of the scheme of nationalisation framed and the notifications issued by the State Government under... |
Appeal No. 139 of 1959.
Appeal by special leave from the judgment and order dated January 8, 1959, of the Patna High Court in Election Appeal No. I of 1958, arising out of the judgment and order dated November 30, 1957, of the Election Tribunal, Patna, in Election Petition No. 353 of 1957.
B. K. P. Sinha and D. P. Sing... | The election of the appellant as a member of the Bihar State Assembly was challenged under section 7(d) of the Representation of the People Act, 951, by the first respondent who was also a candidate for election for the same constituency, on the ground that at the date of the nomination the appellant had an interest in... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.