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Appeals Nos. 225, 226, 228, 229 and 248 of 1955.
Appeals from the judgments and orders dated October 5, 1953, in Misc.
Judicial Cases Nos. 418/52 and 124/53 and October 8, 1953.
, in T. section No. 106/53, 565 Misc.
Judicial Cases Nos.
188/53 and 235/53 of the Patna High Court.
R. Patnaik, for the appellant (in C. A. N... | The appellants as the Mahants of the respective maths or asthals were served with notices under section 59 of the Bihar Hindu Religious Trusts Act, 195o, by the President, Bihar State Board of Religious Trusts, asking them to furnish statements and accounts of the properties in their possession.
They challenged the con... |
Appeal No. 298 of 1955.
Appeal from the judgment and order dated April 28, 1953, of the Patna High Court in Appeal from Original Order No. 90 of 1949, arising out of the judgment and order dated January 25, 1949, of the Sub Judge, Purnea, in Misc.
Case No. 54 of 1947.
Sir lqbal Ahmad, section N. Andley, J. B. Dadachanj... | The respondent, who owned landed properties at Banaras in Uttar Pradesh and at Purnea in Bihar, was heavily indebted and applied to the Collector, Banaras under section 4 of the U. P. Encumbered Estates Act, 1934, for, liquidation of his debts.
The Collector, acting under section 6, forwarded the application to the Spe... |
Appeal No. 343 of 1955.
Appeal from the judgment and order dated September 13, 1954, of the Patna High Court in Misc.
Case No. 39 of 1954.
L. K. Jha, B. K. P. Sinha and R. C. Prasad, for the appellant.
Mahabir Prasad, Advocate General for the State of Bihar, Ishwari Nandan Prasad and section P. Varma, for the responden... | The appellant as the Mahant of the Salouna asthal made an application in the High Court under article 226 of the Constitution praying inter alia for the issue of a writ quashing the order of the Bihar State Board of Religious Trusts requiring the appellant to submit a return of income and expenditure under section 59 O... |
ION: Criminal Appeal No. 66 of 1954.
Appeal from the judgment and order dated the 31st December, 1953 of the Punjab High Court in Criminal Appeal No. 540 of 1953, arising out of the judgment and order dated the 14th September, 1953, of the Court of Special Judge, Amritsar, in Corruption Case No. 13/1 10/3 of 1953.
Shau... | Sanction was given under section 6 of the Prevention of Corruption Act, 1947, for the prosecution of the appellant for having received illegal gratification from one Pal Singh.
He was charged with and tried for two offences under section 5(1)(a) of the Act for habitually accepting or obtaining illegal gratification and... |
Appeal No. 4 of 1956.
Appeal by special leave from the judgment and order dated June 10, 1953, of the Calcutta High Court in Income tax Reference No. 39 of 1952.
K. N. Rajagopal Sastri, R. H. Dhebar and D. Gupta, for the appellant.
B. Sen, P. K. Ghosh and P. K. Bose, for the respondent.
April 20. 'The following Judgmen... | The respondent was a banking company and the question was whether it was liable to pay excess profits tax on a sum of Rs. 86,000 received by it as rent in respect of the major part of a six storeyed building owned and constructed by it, which it had let out, the rest being occupied by its headquarters in Calcutta.
The ... |
Appeal No. 768 of 1957.
Appeal by special leave from the judgment and order dated September 21, 1956, of the Labour Appellate Tribunal of India at Calcutta in Appeal No. Cal.
101 of 1956.
M. C. Setalvad, Attorney General for India, section N. Mukherjee and B. N. Ghosh, for the appellants.
Dipak Dutta Choudhri, for the ... | The Company after regular enquiry and pending permission of the Industrial Tribunal under section 33 of the , suspended some workmen without pay, whereupon the workmen filed applications under section 33A of the Act before the 'Industrial Tribunal on the ground that their suspension without pay beyond ten days was agai... |
Appeal No. 230 of 1955.
Appeal from the judgment and order dated October 5, 1953, of the Patna High Court in M. J. C. No. 128 of 1953.
Mahabir Prasad, Advocate General for the State of Bihar and R. C. Prasad, for the appellants.
N. C. Chatterjee and P. K. Chatterjee, for the respondent.
April 15.
The Judgment of the Co... | A deed of trust was executed by the respondent on March II, 1938, when she was residing at D in the State of Bihar, in respect of the properties described in the Schedules referred to in the deed, some of which were situate outside the State of Bihar.
In the trust deed she described herself as the settlor, and it was r... |
ivil Appeal No. 13 of 1958.
Appeal by special leave from the judgment and order dated June 29, 1954, of the former Nagpur High Court in Misc.
Civil Case No. 219 of 1952.
R. Ganapathy Iyer and D. Gupta, for the appellant.
M. C. Setalvad, Attorney General for India, K. G. Chondke, J. B. Dadachanji and K. K. Raizada, for ... | The respondent company was a dealer in matchwood called sawar " and his place of business was situate in Chanda in the erstwhile Central Provinces.
Pursuant to an agreement between the respondent and a match factory, the former loaded diverse quantities of " sawar " logs on railway wagons and despatched the same by rai... |
Appeal No. 284 of 1958.
Appeal from the judgment and order dated April 21, 1956, of the former Judicial Commissioner 's Court, Rewa, in Misc.
Civil Writ No. 27 of 1956.
Naunit Lal, for the appellant.
694 Bhagwan Das Jain, for respondent No. 1. 1959.
April 21.
The Judgment of the Court was delivered by SARKAR, J.
This a... | The appellant who was the holder of a permit to run a stage carriage, which was about to expire, made an application to the State Transport Authority for its renewal for a further period.
The respondent made a representation against the renewal of the appellant 's permit and also applied for the grant of the permit to ... |
Appeal No. 343 of 1958.
Appeal by special leave from the judgment and order dated March 8, 1958, of the Madhya Pradesh High Court in First Appeal No. 141 of 1957, arising out of the judgment and order dated December 5, 1957, of the Election Tribunal, Jabalpur, in Election Petition Case No. I of 1957.
G. C. Mathur, for ... | Respondent I filed an election petition challenging the election of the appellant.
The security required to be deposited under section 117 Of the Representation of the People Act, 1951, was made in the following terms: " Security deposits for Election Petition of Bargi Assembly Constituency No. 97, Distt.
Jabalpur, Mad... |
ppeal No. 39 of 1959.
Appeal by special leave from the judgment and order dated November 26, 1957, of the Bombay High Court at Rajkot in Special Civil Application No. 119 of 1956.
A. V. Viswanatha Sastri, section P. Mehta, J. B. Dadachanji, section N. Andley and Rameshwar Nath, for the appellants.
M. C. Setalvad, Attor... | Sub section (1) Of section 35 of the Indian Income tax Act, 1922, provided: the Income tax officer may on his own motion rectify any mistake apparent from the record and shall rectify any such mistake which has been brought to his notice by an assesses : Provided that no such rectification shall be made, having the eff... |
13 of 1959.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
Harnam Singh and Sadhu Singh, for the petitioners.
section M. Sikri, Advocate Gencral for the State of Punjab, Gopal Singh and D. Gupta, for respondent No. 1.
1959, April 1.
The judgment of the Court was delivered ... | In 1925 the Sikh Gurdwaras Act, 1925, was passed, inter alia, for the better administration of certain Sikh Gurdwaras, and after the merger of the erstwhile State of Patiala and the East Punjab States Union, called Pepsu, with the State of Punjab, the Act was amended by the Sikh Gurdwaras (Amendment) Act, 1959, in orde... |
Appeal No. 296 of 1955.
Appeal by special leave from the judgment and decree dated September 8, 1952, of the Punjab High Court in Civil Regular Second Appeal No. 327 of 1948, arising out of the judgment.
and decree dated November 21, 1947, of the Court of District Judge, Amritsar, in Appeal No. 212 of 1946 from the jud... | The question involved in this appeal was whether under the customary law of the Punjab a sister was a preferential heir in respect of her brother 's self acquired property, to a collateral.
The respondent, the sister, relied on a custom, which she termed a special custom, and on that basis claimed her brother 's proper... |
iminal Appeal No. 19 of 1957.
Appeal by special leave from the judgment and order dated March 7, 1956, of the former PEPSU High Court in Criminal Revision No. 45 of 1956, arising out of the judgment and order dated February 22, 1956, of the Additional Sessions Judge, Patiala, in Criminal Appeal No. 175/36 of 1955 56.
P... | A habeas corpus application was made to the High Court alleging that one S had been illegally arrested and kept in unlawful custody without any charge being made against him and without obtaining remand from a Magistrate.
By way of a return the appellant, a sub Inspector of Police, filed a false affidavit controverting... |
Appeal No. 206 of 1954.
Appeal from the judgment and decree dated March 9, 1951, of the Orissa High Court in Appeal from Original decree No. 14 of 1946, arising out of the judgment and decree dated January 31, 1946, of the Court of Subordinate Judge at Sambalpur in Title Suit No. 16 of 1944.
L. K. Jha, Rameshwar Nath, ... | On the death of H, who as the mother of the last male owner had succeeded to the estate, the respondents claimed the estate and brought a suit for its recovery on the strength of the pedigree which they set up that they were the sons of the halfsisters of the last male owner and therefore came before the agnates.
The s... |
Appeal No. 347 of 1955.
Appeal by special leave from the judgment and order dated March 26, 1954, of the Income tax Appellate Tribunal, Calcutta, in Income tax Appeal No. 5263 of 1953 54.
A. V. Viswanatha Sastri and Sukumar Chosh, for the appellant.
G. K. Daphtary, Solicitor General of India, B. Ganapathy, R. H. Dhebar... | The question for decision in this appeal was whether a single transaction of sale of land measuring about three quarters of an acre was an adventure in the nature of trade so as to make it liable to income tax.
The assessee appellant, an Engineer by profession, was engaged in various business activities including that ... |
Appeal No. 321 of 1958.
Appeal by special leave from the Award dated the September 27, 1957 of the Industrial Tribunal, Bombay, in Reference (I.T.) No. 119 of 1957.
C. K. Daphtary, Solicitor General of India, J. B. Dadachanji and section N. Andley, for the appellant.
Rajani Patel and Janardan Sharma for respondent No. ... | In resisting the workmen 's claim for bonus for the year 1955 56 the appellant contended that in calculating gross profits for the purpose of the Full Bench formula the following items of income should be excluded : (i) Income earned by way of rent, light and power; (ii) estate revenue derived from sale of excess cocon... |
Appeal No. 108 of 1959.
Appeal from the judgment and order dated November 25, 1958, of the Punjab High Court in F.A.0.
No. 173 of 1958.
A. V. Viswanatha Sastri and Naunit Lal, for the appellant.
M. C. Setalvad, Attorney General for India, V. A. Syed Mohammad and M. K. Ramamurthi, for respondent No. 1.
R. H. Dhebar, for... | This appeal was directed against concurrent orders of the Election Tribunal and the High Court on appeal, setting aside the appellant 's election to the Punjab Legislative Assembly on an election petition filed by the respondent No. 1, on the ground of corrupt practice of undue influence within the meaning of proviso (... |
riminal Appeal No. 3 of 1957.
Appeal from the judgment and order dated August 14, 1956, of the former Judicial Commissioner 's Court, Ajmer, in Criminal Appeal No. 2 of 1956, arising out of the judgment and order dated January 11, 1956, of the Special Judge, Ajmer, in Criminal Case No. I of 1955.
R. Ganapathy Iyer and ... | The respondent who was a teacher in a railway school was prosecuted under section 161 of the Indian Penal Code and section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947.
The (1) , 222.
740 prosecution case was that the respondent offered to secure a job for the complainant in the Railway Runn... |
Appeal No. 172 of 1955.
Appeal by special leave from the judgment and order dated February 26, 1953, of the Bombay High Court in Appeal No. 108 of 1952, arising out ' of the Judgment and order dated July 8, 1952, of the said High Court in its Ordinary Original and Civil Jurisdiction in Misc.
No. 48 of 1952.
R. J. Kolah... | The Income tax Officer found that the assessee, an unregis tered firm, had made a profit in the assessment year 1940 41.
He treated it as registered under section 23(5)(b) of the Act, assessed the partners and carried the profit to their individual returns, making no demand on the firm.
For the next two assessment year... |
il Appeals Nos.
78 to 83 of 1959.
Appeals by special leave from the judgment and orders dated July 28, 1954, of the U. P. Board of Revenue in Second Appeals Nos.
430 435 of 1953 54, arising out of the judgment and orders dated April 28, 1954, of the Court of the Additional Commissioner, Meerut Division, Meerut, in Appe... | These appeals arose out of suits for ejectment instituted in the Revenue Court by the respondent Zamindar against the appellants under section 180 of the U. P. Tenancy Act, 1939 (U. P. I7 Of 1939).
His case was that the lands in suit were his sir lands and the appellants trespassed on the same on the basis of a wrong o... |
Appeals Nos. 450 & 451 of 1957.
Appeals by special leave from the judgment and order dated July 31, 1956, of the Labour Appellate Tribunal of India, Calcutta, in Appeals Nos.
282/55 and 6/56.
C. K. Daphtary, Solicitor General of India, H. N. Sanyal, Additional Solicitor General of India, D. N. Mukherjee and B. N. Ghose... | In 1949 the appellant framed a scheme called " Tonnage Pro duction Bonus Scheme " whereunder the workmen were to get 13 days ' basic wages by way of bonus on a production Of 30,000 tons and thereafter an additional one day 's basic wage for every 46o tons produced upto a maximum Of 36,000.
The scheme was accepted by th... |
IMINAL Appeal No. 95 of 1957.
Appeal by special leave from the judgment and order dated December 16, 1955, of the Allahabad High Court in Criminal Revision No. 1403 of 1953, arising out of the Judgment and order dated August 6, 1953, of the Court of the Additional Sessions Judge at Meerut in Criminal Appeal No. 225 of ... | The appellant was committed to the Court of Session for trial of offences under section 5(2) Prevention of Corruption Act, 1947 and section 161 Indian Penal Code.
Shortly thereafter, the Criminal Law (Amendment) Act, 1952 came into force.
An Assistant Sessions judge tried the appellant and convicted him of the offences... |
Appeal No. 227 of 1958.
Appeal by special leave from the judgment and order dated January 31, 1956, of the Labour Appellate Tribunal of India, Calcutta, in Appeals Nos.
36 and 38 of 1953.
M.C. Setalvad, Attorney General for India and Naunit Lal, for the appellant.
P. K. Chatterjee, for tile respondents.
1959 April 23.
... | One of the items in dispute referred to the Industrial Tribunal for adjudication, which was the subject matter of this appeal, related to the demand of the Workers ' Union that the appellant company must provide quarters to its employees in terms of the Bihar Government Scheme and undertake immediate construction for t... |
: Civil Appeals Nos. 14 and 15 of 1955.
Appeals by special leave from the decision dated September 30, 1953, of the Labour Appellate Tribunal of India, Lucknow in Civil Appeals Nos.
111 198 of 1953 and III 321 of 1953.
section section Dhawan, G. C. Mathur and C. P. Lal, for the appellants and respondent No. 2 (Unions) ... | Clause 16 of the General Order No. 6,5 made by the Governor on March I5, 195,, under the Uttar Pradesh , 947, provided that the decision of the Tribunal or 972 Adjudicator shall be pronounced within 4o days from the date of reference.
By orders dated August 19, 1952, and January 20, 1953, the Governor referred two indu... |
Appeal No.396 of 1957.
Appeal from the Judgment and Order dated the 21st February, 1956, of the Bombay High Court in Income tax Reference No. 32 of 1954.
, R. J. Kolah, J. B. Dadachanji and section N. Andley, for the appellants.
K. N. Rajagopal Sastri and D. Gupta, for the respondent.
May 5.
The Judgment of the Court w... | The appellants were the trustees of a charity fund known as The Charity Fund founded by Sir Sassoon David, Baronet of Bombay ".
Clause 13 Of the deed of trust, after declaring that the trustees should apply the net income for all or any of the following purposes, namely, (a) the relief and benefit of the poor and indig... |
Appeals Nos. 746 and 747 of 1957.
Appeals by special leave from the judgments and orders dated June 3, 1955, and May 21, 1956, of the Labour Appellate Tribunal of India, Calcutta, in Appeal No. Cal. 366/52 and Misc.
Case No. 145 of 1955 respectively, arising out of an Award dated September 22, 1952, of the Industrial T... | Pending an adjudication proceeding between the workmen and the Mills, the management of the appellant Mills served notices on thirty three of its workmen and thereafter suspended them for taking a leading part in a protracted go slow in contravention of the Industrial Disputes Act.
For similar reasons, a few days later... |
Appeal No. 205 of 1958.
Appeal by special leave from the judgment and order dated October 23, 1956, of the Industrial Tribunal, Assam in Reference No. 16 of 1956.
M.C. Setalvad, Attorney General for India, section N. Mukherjee and B. N. Ghosh, for the appellant.
C.B. Agarwala and K. P. Gupta, for the respondents.
May 6... | Two workmen Das and another were arrested by the police on the complaint of the appellant company for an alleged theft.
The manager held an enquiry and dismissed Das from service for gross misconduct.
At the enquiry, Das stated that he had nothing to say and knew nothing about the theft.
Certain persons whose statement... |
Appeals Nos. 473 & 474 of 1957.
Appeals by special leave from the judgment and order dated the 27th July 1955 of the Labour Appellate Tribunal of India at Calcutta in Appeal No. Cal.
257 of 1954.
M.C. Setalvad, Attorney General for India (M/s. J. B. Dadachanji, section N. Andley and Rameshwar Nath, Advocate of M/s. Raj... | The workmen were originally employed by M/s. M.M. Ispahani Ltd., which shortly before the partition of India transferred its registered office from Calcutta to Chittagong.
The appellant company was incorporated on September 5, 1947 and took over the good will and trading rights of M/s. M. M. Ispahani Ltd. and, also pur... |
Appeal No. 447 of 1957.
Appeal by special leave from the judgment and order dated the 1st August 1956 of the Labour Appellate Tribunal of India, Culcutta in Appeal No. Cal. 107 of 1956.
D. N. Mukherjee, for the appellants.
Y. Kumar, for the respondent.
May 6.
The Judgment of the Court was delivered by SINHA J.
This app... | The discharged employees of the Company in liquidation raised an industrial dispute wherein the auction purchaser of the Company was also impleaded as a party.
The Tribunal, inter alia, held that no relationship of employer and employee existed between the auction purchaser and the old staff who had been discharged pri... |
Appeals Nos. 756 & 757 of 1957.
Appeal by special leave from the Award dated January 8, 1957, of the Industrial Tribunal, Bombay, in 1.
T. Ref.
109 and 147 of 1956.
C. K. Daphtary, Solicitor General of India, Y. A. Palkhivala and section N. Andley, for the appellant.
Rajani Patel and Janardan Sharma, for the respondent... | Initially the appellant was a 100% subsidiary of the British company, Crompton Parkinson Ltd. In 1947 an agreement called " Technical Aid Agreement " was concluded between the two companies under which the appellant agreed to pay to the parent company 5% Of the net value of its sales every year as service fee for the u... |
Appeal No. 54 of 1958.
Appeal by special leave from the Award dated January 14, 1957, of the Industrial Tribunal at Bombay in Reference (I. T.) No. 75 of 1956.
M. C. Setalvad, Attorney Generalfor India and I. N. Shroff for the appellants.
N. V. Phadke, T. section Venkataraman K. R. Sharma and K. R. Chaudhury, for respo... | The appellant manufactured hume pipes and had factories in different parts of India, Pakistan and Ceylon.
For determining the available surplus for the payment of bonus for the year 1954 55 the appellant claimed deductions as prior charges on account of (i) losses suffered on the Lahore factory written off, (ii) expend... |
Appeals Nos. 459 and 460 of 1957.
Appeals by special leave from the judgment and order dated the 30th November, 1956, of the Industrial Tribunal, Bombay, in Reference 1.
T. Nos. 10 and 13 of 1956.
R.H. Kolah, Dadachanji and section N. Andley, for the appellant.
930 C.L. Dudhia and I. N. Shroff, for the respondents in C... | For the year 1953 54, the employers paid bonus to the workmen equal to three months ' wages, but the workmen demanded bonus equivalent to seven months and six months basic wages with dearness allowance.
The employers contended that after making deductions for the prior charges from the gross profits in accordance with ... |
iminal Appeal No. 67 of 1958.
Appeal by special leave from the judgment and order dated September 11, 1957, of the Allahabad High Court in Criminal Appeal No. 1388 of 1956 and Referred Trial No. 133 of 1956, arising out of the judgment and order dated September 8, 1956, of the Court of the Additional Sessions Judge at ... | A music performance attended by a large number of persons including two police informers Bankey and Asa Ram was going on on a platform in front of the house of one Ram Saroop.
At that time there was a full moon and the light of a gas lamp and several lanterns.
The informers had placed their guns on a cot close to the p... |
Appeals Nos. 317 & 318 of 1950.
Appeals by special leave from the judgment and order dated the 29th June 1955 of the Labour Appellate Tribunal of India at Calcutta in Appeals Nos.
61 and 81 of 1954.
N. C. Chatterjee, section N. Mukherjee and B. N. Ghose, for the appellants in C. A. No. 317 of 56 and respondent No. 1 in... | On March 23, 1948, while certain disputes were under adjudication the workmen pressed the same demands upon the company for immediate solution without awaiting the award of the tribunal.
The company refused to meet the demands and thereupon the workmen went on an illegal sit down strike.
The company closed the works in... |
Appeals Nos.131 to 304 of 1957.
Appeals by special leave from the judgments and order dated October 19, 1955 and January 31, 1956, of the Authority under , Bombay, in Applications Nos.
950 961, 963 967, 970 989, 992, 994 1013, 1015 1016, 1049 1050 and 11510 11511 and 11513 11517 of 1955 respectively.
M.C. Setalvad, Att... | These appeals by special leave arose from applications made by the respondents, who were employed as timekeepers in the time office of the Central Railway Workshop and Factory, Parel, Bombay, claiming payment of overtime wages under the (4 of 1936).
The case of the respondents was that they were workers within the mean... |
Appeal No. 326 of 1957.
Appeal by special leave from the judgment and order dated February 16, 1955, of the Orissa High Court in N. J. C. No. 117 of 1951.
C. K. Daphtary, Solicitor General of India, K. N. Rajagopal Sastri, R. H. Dhebar and D. Gupta, for the appellants.
Rameshwar Nath, section N. Andley and J. B. Dadach... | The respondents, who were non residents carrying on business at Secunderabad within the territories of the Nizam of Hyderabad, were acting as agents of two firms in Bombay and Madurai, in British India, for the supply of certain goods to the Nizam 's Government.
In respect of the Commission due to the respondents by th... |
minal Appeal No. 101 of 1958.
Appeal by special leave from the judgment and order dated the 12th September, 1956 of the Calcutta High Court in Criminal Appeal No. 19 of 1956, arising 127 out of the judgment and order dated the 8th December, 1955 of the Sessions Judge, Birbhum in Sessions Trial No. 1 of November 1955.
H... | The appellant was tried on a charge of murder by the Sessions judge with the aid of a jury.
The evidence against him consisted of the testimony of an approver and the proof of corroborative circumstances tending to connect him with the crime.
The jury found the appellant guilty and the Sessions judge accepting the verd... |
Civil Appeal No. 655 of 1957.
Appeal by special leave from the judgment and decree dated April 22, 1954, of the Orissa High Court in Second Appeal No. 174 of 1948, arising out of the judgement and decree dated January 12, 1948, of the District Judge, Cuttack, in Munsif Appeal No. 309 of 1946 against the judgment and de... | The respondents as plaintiffs brought the suit, out of which the present appeal arises, under the provisions of 0. 21, r. 63 Of the Code of Civil Procedure for a declaration that the deed of trust executed in favour of the appellant deity was a sham and fictitious document and the properties covered by it were liable t... |
Appeal No. 161 of 1959.
Appeal by special leave from the judgment and order dated the 31st January 1956 of the Labour Appellate Tribunal at Calcutta in Appeal No. Cal.
301 108 of 1954, arising out of the Award dated the 20th October 1954, of the Second Industrial Tribunal, West Bengal.
B. Sen and section N. Mukherjee, ... | The appellant had been paying puja bonus to its workmen continuously from 1940 to 1952 at the rate of one month 's wages.
From 1948 to 1952, the appellant whenever it paid this bonus, made it clear that it was ex gratia payment and would not constitute any precedent in future years.
The dispute arose regarding the paym... |
Appeals Nos. 413, and 414 of 1958.
Appeals from the order dated April 27, 1955, of the Punjab High Court in Civil Revisions Nos.
81 D of 1953 and 96 D of 1953 respectively.
1959 April 21, 22, 23, 24.
C. K. Daphtary Solicitor General for India, Ram Behari Lal, D. K. Kapur and Sardar Bahadur, for the appellants.
The ques... | A suit claiming damages, for negligent driving was filed aginst the owner of a motor car, who was insured against third party risks.
The insurer, was subsequently added as defendant to the suit under section 96(2) of the .
it contended that the defence available to it was not restricted to the grounds enumerated in sec... |
iminal Appeal No. 12 of 1957.
Appeal from the judgment and order dated September 5, 1956, of the Calcutta High Court in Government Appeal No. 7 of 1954, arising out of the judgment and order dated April 3, 1954, of the Court of 1st Class Magistrate at Alipore.
Ishwar Lal C. Dalal and 1.
N. Shroff, for the appellant.
H.... | On September 7, 1952, the appellant went to Dum Dum Aerodrome to board a plane for Hong Kong.
On his search by the customs authorities a sum of RS.
25,000 was recovered from him which he had not declared in his declaration form and for which he had no permit from the Reserve Bank of India for taking out of India.
On Se... |
Appeal No. 226 of 1958.
163 Appeal by special leave from the award dated May 30, 1957, of the Labour Court, Coimbatore, in Industrial Dispute No. 89 of 1955.
A. V. Viswanatha Sastri and T. V. R. Tatachari, for the appellants.
M. section K. Sastri, for the respondents.
May 8.
The Judgment of the Court was delivered by G... | The appellant was the lessee under Praga Industries and took on lease buildings and machinery for five years with option of renewal.
The subject matter of dispute for adjudication was with regard to the questions about (1) the quantum of bonus payable to the workmen for the year 1954, and (2) fixation of scale of wages... |
Civil Appeal Nos. 681 and 682 of 1957.
Appeals by special leave from the order dated August 2, 1954, of the Income tax Appellate Tribunal of India, Bombay Bench 'A ' in Income tax Appeals Nos.
3756 of 1948 49 and 2161 of 1950 51.
R. J. Kolah and I. N. Shroff, for the appellants.
H. N. Sanyal, Additional Solicitor Gener... | The appellant company, carrying on business in manufacturing and selling textiles at Baroda, received in the assessment years 1942 43 and 1943 44 payments in cheques from the Government of India for the supply of such goods on bills submitted, as agreed upon in prescribed printed forms which provided that the Governmen... |
Appeal No. 395 of 1957.
Appeal by special leave from the judgment and order dated December 21, 1955, of the Calcutta High Court in Income tax Reference No. 15 of 1954.
A. C. Sampath Iyengar, Dipak Dutta Choudhury and B. N. Ghosh, for the appellant.
M.C. Setalvad, Attorney General for India, R. Ganapathy Iyer, B. H. Dhe... | With a view to provide a pension to H who was the managing director of the appellant company, after his retirement at the age Of 55 years on September 20, 1955, the company executed a trust deed on September 16, 1948, in favour of three trustees to whom the company paid a sum of Rs. 1,09,643 and further undertook to pa... |
Civil Appeal No. 50 of 1957.
Appeal by special leave from the judgment and order dated September 23, 1955, of the Bombay High Court in Income tax Reference No. 19 of 1955.
R. J. Kolah and I. N. Shroff for the appellant.
H. N. Sanyal, Additional Solicitor General of India, K. N. Rajagopala Sastri and D. Gupta, for the r... | This appeal by special leave was directed against the order of the High Court asking the Income tax Appellate Tribunal under section 66(4) Of the Income tax Act to submit a supplementary ' statement of case on points, which were never raised by the parties nor decided by the Income tax Authorities or the Tribunal.
The ... |
Civil Appeals Nos.
56 to 62 of 1957.
Appeals by special leave from the judgment and order dated April 28.
1954 of the Labour Appellate Tribunal of India (Special Bench Banks), Bombay,in Appeals Nos. 122, 129, 130, 142, 144, 145, 152, 153, 154, 155, 162, 169, 217 & 218 of 1953.
N. A. Palkhiwala, J. B. Dadachanji and sec... | Section 10(1)(b)(11) of the Banking Companies Act, 1949 provided:" No banking company shall employ any person whose remuneration or part of whose remuneration takes the form . of a share in the profits of the company.
" The dispute between the appellant Banks and their employees related, inter alia, to the question whe... |
: Civil Appeal No. 213 of 1955.
Appeal from the judgment and order dated June 26, 1953 of the Calcutta High Court in I.T.R. No. 34 of 1952.
A.V. Viswanatha Sastri, Y. C. Talukdar and Sukumar Ghose, for the appellant.
K.N Rajagopal Sastri and.
D. Gupta, for the respondent.
May 12.
The Judgment of the Court was delivered... | The appellant company carried on land developing business and sold land after development on a profit.
The whole of the development was not carried out before the land was sold nor the whole of the sale price received in cash at the time of the sale.
In the accounting year in question the appellant sold a number of plo... |
Civil Appeals Nos. 679 and 680 of 1957.
Appeals by special leave from the judgment and decree dated the January 5, 1955, of the Patna High Court, in M.J.C. Nos.
374 & 375 of 1952.
303 R. J. Kolah and R. Patnaik, for the appellant.
A. N. Kripal and D. Gupta, for the respondent.
May 14.
The Judgment of the Court was deli... | The appellant a Hindu undivided family carrying on business in grain kept its books of account according to the mercantile system and maintained in its cash books two accounts: one showing the cash balances from day to day and the other known as " Almirah account " wherein were kept large balances which were not requir... |
ON: Criminal Appeal No. 182 of 1957.
Appeal from the judgment and order dated July 4, 1957, of the Bombay High Court, in Criminal Application for Revision No. 278 of 1956, arising out of the judgment and order dated the 3rd January, 1956, of the Presidency Magistrate 16 Court, Esplanade, Bombay, in Criminal Case No. 19... | The appellant an Indian citizen entered India without a passport after and on the basis of the decision of the Supreme Court.
The appellant 's contention was that section 3 of the Indian Passport Rules, 1950, were ultra vires the Constitution and that on a proper interpretation, the provisions of the section and rules ... |
Civil Appeal No. 403 of 1957.
Appeal by special leave from the judgment and order dated August 2, 1956, of the Labour Appellate Tribunal of India, Calcutta, in Appeal No. C 52 of 1956, arising out of the Award dated January 7, 1956, of the Court of Judge, Fifth Industrial Tribunal, West Bengal.
M. C. Setalvad, Attorney... | The appellant company in enforcement of a standing order, framed under the (XX of 1946), against which the respondent had preferred no appeal, compulsorily retired 47 of its workmen at the age Of 55.
A dispute was raised by the workmen as to the validity of such retirement and the three questions referred to the Tribun... |
Civil Appeal No. 431 of 1957.
Appeal by special leave from the judgment and order dated the September 8, 1955, of /the Calcutta High Court in Income tax Reference No. 77 of 1951.
C. K. Daphtary, Solicitor General of India, R. Ganapathy Iye r and D. Gupta, for the appellant.
N. C. Chatterjee, B. Sen Gupta and D. N. Mukh... | R was the karta of the Hindu undivided family which became interested in a business concern which was then being carried on by others.
With a view to taking over the said business as a going concern, a company was floated with R as one of the promoters.
Pursuant to an agreement with the vendors.
of the business and in ... |
tition No. 174 of 1958.
Petition under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
Purshottam Tricumdas, P. N. Bhagwati, Tanibhai D. Desai and I. N. Shroff, for the appellant and petitioner.
N. C. Chatterjee, section K. Kapur and A. G. Ratnaparkhi, for the respondent in appeal and... | The respondent Municipality issued a notice under sub section
(1) Of section 153A of the Bombay District Municipal Act, 1901, as adapted and applied to the State of Saurashtra and as amended by Act XI Of 1955, calling upon the appellant to show cause why it should not be directed to discharge the effluent Of it 's chem... |
Civil Appeal No. 291 of 1956.
Appeal from the judgment and order dated November 25, 1955, of the Circuit Bench of the Punjab High Court at Delhi, in Civil Writ Application No. 189 D of 1955.
280 Jai Gopal Sethi, J. B. Dadachanji, section N. Andley, Rameshwar Nath and P. L. Vohra, for the appellant.
R. H. Dhebar and T. ... | An industrial dispute between the hotel and its workmen was referred to an Industrial Tribunal.
The attack of the hotel was on the form of the order of reference, the main contention being that the reference was incompetent on the grounds that the Union could not be made a party to the reference under the Industrial Di... |
ivil Appeal No. 38 of 1955.
Appeal by special leave from the judgment and order dated the April 29, 1953, of the Punjab High Court at Simla in Civil Revision No. 761 of 1951, arising out of the Appellate Order dated October 6, 1951, of the Court of District Judge, Delhi in Misc.
Civil Appeal No. 248 of 1950, against th... | Section 2(b) of the Delhi and Ajmer Merwara Rent Control Act 1947, provided as follows: , " section 2.
In this Act, unless there is anything repugnant in in the subject or context, (a). . . . . . . . . . (b) Premises ' means any building or part of a building which is, or is intended to be, let separately for use as a ... |
Criminal Appeal No. 59 of 1959.
Appeal from the judgment and order dated the January 8, 1959, of the Calcutta High Court in Criminal Misc.
Case No. 126 of 1958.
AND PETITION No. 51 OF 1959.
Petition under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
Veda Vyasa, section K. Kapur and... | The appellant was detained under section 3(1)(a)(ii) of the Pre ventive Detention Act, 1950.
The copy of the grounds of the order of detention served on him stated that he was detained as he had been acting in a way prejudicial to the maintenance of public order as evidenced by the particulars stated in its four paragr... |
vil Appeal No. 310 of 1954.
Appeal by special leave from the judgment and order dated March 22, 1956, of the Labour Appellate Tribunal of India, Calcutta in Appeal No. Cal.
183 of 1955.
N.C. Chatterjee, section N. Mukherjee and B. N. Ghosh for the appellant.
Sukumr Ghosh, for the respondent.
May 21.
The Judgment of the... | The respondent made an application under section 33A of the , which, inter alia, stated that there was no reason for retrenchment on account of the closure of a ration shop, and that at any rate he was longer in service than others who had been retained, and, therefore, the principle of " last come, first go " had been... |
l Appeals Nos.
31 33 of 1958.
Appeal by special leave from the decision dated May 28, 1956, of the Labour Appellate Tribunal, Lucknow (Delhi Branch), in Appeals Nos.
Ill. 313 315 of 1955.
M. C. Setalvad, Attorney General for India, Jai Gopal Sethi, J. B. Dadachanji, section N. Andley, Rameshwar Nath and P. L. Vohra, fo... | The appellants, who were the managements of the three hotels, decided to dismiss some of their workmen who were found guilty of misconduct as a result of enquiries held by them and suspended them without pay pending the receipt of the permission of the Industrial Tribunal under section 33 Of the .
The workmen applied t... |
Appeal No. 281 of 1955.
Appeal from the judgment and order dated March 18, 1954, of the Bombay High Court in Income tax Reference No. 35 of 1953.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
R. J. Kolah and Ram Ditta Mal, for the respondent.
May 8.
The Judgment of the Court was delivered by HIDAYATULLAH J.
T... | A public notice under section 22(1) of the Income tax Act, 1922 was published on May 1, 1045, requiring every person whose total income exceeded the maximum amount which was not chargeable to income tax to file returns for the assessment year 1945 46.
On January 5, 1950, the assessee submitted a voluntary return showin... |
Civil Appeal No. 250 of 1955.
495 Appeal by special leave from the judgment and order dated February 11, 1953, of the Calcutta High Court, in Award No. 254 of 1949.
H. N. Sanyal, Additional Solicitor General of India,B. Sen, R. H. Dhebar and T. M. Sen, for the appellant.
C. B. Aggarwala and Sukumar Ghose, for the respo... | The respondents entered into three several contracts with the appellant, for the fabrication and supply of diverse military stores, each of which contracts contained an arbitration clause.
Before the contracts had been fully executed disputes arose between the parties, one alleging that the other was committing a breac... |
Criminal Appeal No. 114 of 1957.
Appeal by special leave from the judgment and order dated December 6, 1955, of the Punjab High Court (Circuit Bench) Delhi in Criminal Appeal No. 25 D of 1953, arising out of the judgment and order dated August 27, 1953, of the Court of the special judge at Delhi in Criminal Case No. 3 ... | The appellant was employed as an Assistant Store Keeper in the Central Tractor Organisation, Delhi.
He took delivery of a consignment of iron and steel received by rail for the Organisation and removed them from the railway siding.
The goods did not reach the Organisation.
The appellant absented himself from duty on th... |
vil Appeal No. 539 of 1958.
Appeal by special leave from the judgment and order dated March 13, 1958 of the Andhra Pradesh High Court in Special Appeal No. 4 of 1957, arising out of the judgment and order dated November 18, 1957, 428 of the Election Tribunal, Hyderabad in Election Petition No. 83 of 1957.
N. C. Chatter... | In a double member Parliamentary constituency one seat was reserved for the scheduled tribes and the other was general.
Four persons filed their nominations for the election, G 1 and G 2 for the general seat and S1 and S2 for the reserved seat.
At the polls the number of votes received by the candidates were in the fol... |
Criminal Appeal No. 177 of 1957.
Appeal by special leave from the judgment and order dated April 11, 1957, of the Punjab High Court in Criminal Appeal No. 7 D of 1955, arising out of the 463 judgment and order dated January 19, 1955, of the Court of Special Judge, at Delhi in Corruption Cas No. 2 of 1953.
G. section Pa... | The appellant was put up on trial on charges under sections 5(1)(a) and 5(1)(d) of the Prevention of Corruption Act, 1947.
Payments of particular sums by way of bribe were not proved against him.
But the High Court, holding that the appellant 's bare statements from the dock unsupported by any other acceptable evidence... |
Civil Appeal No. 161 of 1955.
Appeal from the judgment and decree dated 4th Jeth 2011, of the Jammu and Kashmir High Court in Appeal No. 1 of 2009, arising out of the judgment and decree dated the 2nd Magh 2008, of the said High Court in original suit No. 40 of 2007.
S.K. Kapur and N. H. Hingorani, for the appellant.
B... | Under a contract for the sale of goods, the buyer paid an advance amount towards the price of the goods to be supplied and various quantities of goods were thereafter delivered by the sellers.
The buyer from time to time made various other payments towards the price of the goods after they had been delivered.
The last ... |
Civil Appeal No. 262 of 1955.
Appeal by special leave from the, judgment and decree dated February 4, 1953, of the Calcutta High Court, in Appeal from original decree No. 68 of 1952 arising out of the judgment and decree dated ' January 14, 1952, of the said High Court, in Special Suit No. 2 of 1951.
571 N. C. Chatterj... | The appellant company, incorporated in India, entered into a contract on June 18, 1945, for the supply of five hundred bales of jute, with the respondent company which was incorporated in England and which had its registered office in London.
The contract, inter alia, provided that in the event of default of tender or ... |
Civil Appeals Nos.
198 to 200 of 1959.
Appeals from the judgment and order dated the 5th March 1959, of the Andhra Pradesh High Court, in Writ Petitions Nos. 1511 and 1512 of 1958 and 23 of 1959.
N. C. Chatterjee, G. Suryanarayana, K. Mangach and T. V. R. Tatachari, for the appellants.
D. Narasaraju, Advocate General f... | The appellants were carrying on motor transport business in Krishna District in Andhra Pradesh.
The General Manager of the State Transport Undertaking published a scheme for nationalisation of motor transport and objections to the said scheme were invited.
The appellants, among others, filed their objections.
The Secre... |
ION: Criminal Appeal No. 32 of 1958.
Appeal by special leave from the judgment and order dated April 25, 1957, of the Allahabad High Court in Criminal Appeal No. 992 of 1954, arising out of the judgment and order dated January 25, 1954, of the Additional Sessions Judge, Gorakhpur in Sessions Trial No. 71 of 1953.
secti... | The relations between one G and his wife were strained and she went to live with her father B and her brother V, the appellant.
G, with three others, went to the quarter of B and he went inside and came out dragging his reluctant wife behind him.
She caught hold of the door and G started pulling her.
At this the appell... |
Civil Appeal No. 342 of 1956.
Appeal from the judgment and order dated September 14,1956, of the Bombay High Court, in Special Civil Application No. 2496 of 1956.
R. V. section Mani, for the appellant.
C. K. Daphtary, Solicitor General of India, B. Sen, and R. H. Dhebar, for the respondents.
August 28.
The Judgment of ... | A Bill introduced in the House of the People on the report of the States Reorganisation Commission and as recommended by the President under the proviso to article 3 Of the Constitution, contained a proposal for the formation of three separate units, viz., (1) Union territory of Bombay, (2) Maharashtra, including Marat... |
Civil Appeal No. 254 of 1954.
Appeal by special leave from the judgment and order dated February 19, 1952, of the Patna High Court in Misc.
Case No. 244 of 1949.
B. Sen, section K. Majumdar and I. N. Shrojj, for the appellant.
M. C. Setalvad, Attorney General for India, B. K. Saran and R. C. Prasad, for the respondent.... | In his return of agricultural income for the assessment year I944 45 the appellant showed a sum of Rs. 2,82,192, which he had paid to the Tekari Rai for two lease hold properties taken on Zarpeshgi lease, as one of the items of the total amount of deduction claimed by him as capital receipt.
The Agricultural Income tax... |
ON: Criminal Appeal No. 193 of 1957.
Appeal by special leave from the judgment and order dated August 1, 1957, of the Bombay High Court in Criminal Appeal No. 365 of 1957, arising out of the judgment and order dated the November 28, 1956, of Joint Civil Judge, Junior Division, and Judicial Magistrate First Class, Broac... | The appellant was the occupier of a factory where there was a pit in which dangerous fumes were likely to be present.
The pit was securely covered and enclosed and no one was expected to go down into it for normal work as it was worked by gadgets fixed nearby above the ground.
Something went wrong with the machinery in... |
ON: Criminal Appeal No. 60 of 1958.
Appeal from the judgment and order dated the, 19th February 1958, of the Jammu and Kashmir High Court, in Writ Petition No. 53 of 1957.
682 R. V. section Mani, for the appellants.
Jaswant Singh, Advocate General for the State of Jammu and Kashmir, G. section Pathak and T. M. Sen for ... | Under the Jammu and Kashmir Constitution Act all powers, legislative, executive and judicial vested in the Ruler.
On the accession of the State to India on October 22, 1947, the powers in respect of defence, external affairs and communications were ceded to India.
Under section 5 Of the Constitution Act, the Ruler prom... |
TION: Civil Appeal No. 207 of 1955.
Appeal by special leave from the judgment and order dated the 6th December 1950, of the Madras High Court in C.M.A. No. 332 of 1945, arising out of the ' judgment and order dated the 17th January 1945, of the Subordinate Judge, Devakottai in E. P. No. 90 of 1944 in 0.
section No. 14 ... | On May 91 1935, one V obtained a decree against R and later assigned the same in favour of his mother M. M made an application for an order recognizing her as the assignee and for 617 execution which was disposed of on September 27, 1937.
In 1939, V was adjudicated an insolvent on the ground that the assignment was a f... |
Appeal No. 24 of 1955.
Appeal by special leave from the judgment and decree dated March 11, 1949, of the Bombay High Court, in Letters Patent Appeal No. 22 of 1945, arising out of the judgment and decree dated August 3, 1944, of the said High Court in Second Appeal No. 754 of 1942.
695 M. section K. Sastri, for the app... | The suit out of which the present appeal arose was one for redemption of some occupancy lands, owned and mortgaged by two brothers, S and A, the Khata of the lands standing in the name of S as the registered occupant under section 74 of the Bombay Land Revenue Code, 1879.
The mortgage, which was a usufructuary one, was... |
Civil Appeal No. 19 of 1954.
Appeal from the judgment and decree dated April 8, 1949 of the Patna High Court, in Appeal from Original ]Decree No. 116 of 1947, arising out of the judgment and decree dated the February 28, 1947, of the Sub Judge at Begusarai in Title Suit No. 14/14 of 1944/45.
L. K. Jha and B. K. Sinha, ... | Although it is well settled that a court of appeal should not lightly disturb a finding of fact arrived at by the trial judge who had the opportunity of observing the demeanour of the witnesses and hearing them, that does not mean that an appellate court hearing an appeal on facts can never reverse such a finding.
Wher... |
iminal Appeal No. 36 of 1958.
Appeal by special leave from the judgment and order dated May 9, 1957, of the Patna High Court, in Criminal Reference No. 51 of 1957 and Criminal Revision No. 323 of 1957, arising out of the judgment and order dated March 20, 1957, of the First Additional Sessions Judge, Patna in Criminal ... | In exercise of the powers under section 3 of the Essential Supplies (Temporary Powers) Act, 1946, the Central Government made the Cotton Textile (Control of Movement) Order, 1948.
The 1946 Act was to expire on January 26, 1955, but before that, on January 21, 1955, the Essential Commodities Ordinance was promulgated wh... |
ION: Criminal Appeal No. 11 of 1959.
Appeal by special leave from the judgment and order dated April 30,1958, of the Bombay High Court in Criminal Application No. 508 of 1958.
K. M. Desai and 1.
N. Shroff, for the appellant.
Ganpat Rai, for respondents Nos. 1 to 4 and 6.
K.L. Hathi and B. H. Dhebar, for respondent No. ... | An unmarried Sunni Muslim mother of an illegitimate female child made an application under section 49I Of the Code of Criminal Procedure for the recovery of the child from the respondents.
Held, that under the Mohammedan Law the mother of an illegitimate female infant child is entitled to its custody.
The refusal to re... |
minal Appeal No. 143 of 1957.
Appeal from the judgment and order dated the 8th May, 1957, of the Allahabad High Court, in Criminal Reference No. 149 of 1956, arising out of the judgment and order dated the 14th January, 1956, of the First Additional Sessions Judge, Agra, in Sessions Trial No. 141 of 1954 and Criminal M... | A complaint was filed against seven persons under SS. 409, 465, 467, 471 and 477A of the Indian Penal Code.
After examining the complainant summonses were issued to the accused to answer a charge under section 406. 'The trial started as in a warrant case; prosecution witnesses were examined and cross examined and the s... |
Appeal No. 87 of 1958.
Appeal by special leave from the Award dated October 10, 1956, of the Industrial Tribunal, Bihar, Patna, in Reference No. 6 of 1956.
R. J. Kolah, section N. Andley and Rameshwar Nath, for the appellants.
B. C. Ghose and P. K. Chatterjee, for the respondents.
705 1959.
September 11.
The Judgment o... | The cement factory in question which is in the State of Bihar belonged to the appellant company and a limestone quarry owned by the same company As situate about a mile and a half from the factory.
Limestone being the principal rawmaterial for the manufacture of cement, the factory depended exclusively for the supply o... |
minal Appeal No. 185 of 1957.
Appeal by special leave from the judgment and order dated the 6th December, 1955, of the Punjab High Court (Circuit Bench) at Delhi, in Criminal Revision No. 122 D of 1955, arising out of the judgment and order dated July 29, 1955, of the First Additional Sessions Judge, Delhi, in Cr. A. N... | Section 3 of the provided that no person shall possess wireless telegraphy apparatus without a licence and section 6 made such possession punishable.
The Indian Wireless Telegraphy (Amendment) Act, 1949, introduced section 6(1A) in the 1933 Act, which provided for a heavier sentence for possession of a wireless transmi... |
minal Appeal No. 174 of 1956.
Appeal by special leave from the judgment and order dated the April 15, 1955, of the Bombay High Court, in Criminal Revision Application No. 392 of 1955, arising out of the judgment and order dated December 14, 1954, of the Presidency Magistrate, 15th Court Mazagaon, Bombay in Case No. 532... | The appellant filed a complaint against the respondent and another under ss 385, 389, 500/109 of the Indian Penal Code.
The Trial Court found that there was no conspiracy to defame the appellant or to extort money from him and a charge under section 500 Indian Penal Code only was framed against the respondent.
It was f... |
Civil Appeals Nos.159 and 160 of 1958.
Appeals by special leave from the Award dated September 4, 1958, of the Industrial Tribunal, Bombay, in Reference (IT) Nos. 138 and 35 of 1958.
N. A. Palkhivala, section N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellant.
C. L. Dudhia and K. L. Hathi, for respondent... | The appellant company was an all India concern and carried on the major part of its business in Calcutta.
Its clerical and non clerical staff in Bombay raised disputes relating to gratuity and age of retirement and contended that the scale of gratuity for both the clerical and non clerical staff provided by the existin... |
Appeal No. 261 of 1955.
Appeal from the judgment and decree dated April 22, 1949, of the Bombay High Court, in Appeal No. 403 of 1945, from Original Decree arising out of the judgment and decree dated August 14, 1945, of the Civil Judge Senior Division, Nasik, in Special Civil Suit No. 5 of 1943.
Purshottam Tricumdas, ... | The question for determination in this appeal, arising out of a suit filed by the appellant under section 5(3) of the Charitable and Religious Trusts, Act, 1920, was whether the ancient temple of Shri Balaji Venkatesh at Nasik and its Sansthan constituted a charitable and religious trust within the meaning of the Act.
... |
Appeals Nos.
519 to 521 of 1958.
Appeal by special leave from the decision dated January 4,1955, of the Labour Appellate Tribunal of India, Calcutta, in Appeals Nos.
69152 and Cal.
70/52.
AND Civil Appeal No. 521 of 1958.
Appeal by special leave from the decision dated January 4, 1955, of the Labour Appellate Tribunal ... | The employees of the appellant Bank commenced pen down strikes, which were followed by a general strike, pending arbitration of an industrial dispute between them.
The Government of India intervened and as the result of an agreement that followed the Bank reinstated all the employees except 150, against whom it had pos... |
Civil Appeal No.4 of 1958.
Appeal by special leave from the decision dated September 19, 1956, of the Labour Appellate Tribunal of India, Calcutta, in Appeal No. Cal.
235/56.
B. Sen, section N. Mukherjee and B. N. Ghose, for the appellants.
Sukumar Ghose, for the respondents.
46 1959.
October 16.
The Judgment of the Co... | The retrenched workmen of the appellant concern who were paid compensation as provided in s 25F of the , claimed that they were entitled to be paid in addition gratuity under the gratuity scheme in force in the appellant concern as modified by the award of the industrial tribunal dated August 18, 1952.
The award provid... |
Civil Appeal No.86 of 1958.
Appeal by special leave from the Award dated November 15, 1956, of the Industrial Tribunal, Assam, at Dhubri.
M. C. Setalvad, Attorney General for India, section N. Mukherjee and B. N. Ghose, for the appellants.
Niharendu Dutt Mazumdar and Dipak Dutta Choudhri, for the respondents.
October 1... | It was a contradiction in terms to say that a strike in a public utility service, which was clearly illegal, could also be justified.
The law does not contemplate such a position nor is it warranted by any distinction made by the .
It should be clearly understood by workmen who participate in such a strike that they ca... |
ON: Criminal Appeal No. 116 of 1957.
Appeal by special leave from the judgment and order dated the February 10, 1955, of the Calcutta High Court, in Criminal Revision No. 930 of 1954, arising out of the judgment and order dated July 13, 1954, of the Sub Divisional Magistrate, Darjeeling in G. R. case No. 108 of 1950.
S... | A complaint was filed against the appellant and one Bose before the Sub Divisional Magistrate, Darjeeling.
Under the W.B. Criminal Law Amendment (Special Courts) Act, 1949 the case was allotted to Mr. Dutta Gupta, Special judge, Alipur, who by order dated July 11, 1951, acquitted the appellant but convicted Bose.
Bose ... |
Civil Appeal No. 478 of 1957.
Appeal from the judgment and decree dated August 17, 1954, of the Punjab High Court, Circuit Bench at Delhi, in Regular First Appeal No. 76 of 1952, arising out of the judgment and decree dated December 15, 1951, of the Court of Sub Judge, 1st Class, Delhi in Suit No. 169 of 1949/409 of 19... | The respondent booked certain goods on September 4, 1947, with the N. W. Railway at Quebec in Pakistan to New Delhi.
The wagon containing the goods was received at the Indian border station of Khem Karan on November 1, 1947, duly sealed and labelled indicating its destination as New Delhi.
It reached New Delhi on Febru... |
ion No. 95 of 1959.
Petition under Article 32 of the Constitution for enforcement of Fundamental Rights.
C. K. Daphtary, Solicitor General of India and B. R. L. Iyengar, for the petitioners.
H. N. Sanyal, Additional Solicitor General of India,R. Gopalakrishnan and T. M. Sen, for respondents Nos. 1 and 2. 1959.
November... | The stage carriage permits of the petitioners, who were also the petitioners in Writ Petition NO.
75 of 1959, previously, reported, were expiring on 31st March, 1958, and were renewed up to March 31, 959.
A fresh scheme of nationalisation having 131 been approved and published under section 68C of the Motor Vehicles Ac... |
ION: Criminal Appeals Nos. 100 to 105 and 124 to 129 of 1954.
Appeals from the judgment and order dated August 2.
1954, of the Punjab High Court in Criminal Appeals Nos. 112 of 49, 333,382, 383 and 410 of 1950 and 241 of 1951, arising out of the judgment and order dated June 26, 1950, of the Punjab Special Tribunal.
WI... | The appellant, who had been a contractor in Burma, in response to an advertisement issued in August, 1942, by the evacuee Government of Burma, then functioning at Simla, inviting claims from contractors for works of construction and repairs executed by them, submitted claims aggregating to several lacs of rupees.
The G... |
ons Nos. 54, 75 and 76 of 1959.
Petitions under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
C. K. Daphtary, Solicitor General of India, and B. R. L. Iyengar, for the petitioners.
H. N. Sanyal, Additional Solicitor General of India, R. Gopalakrishnan and P. M. Sen, for the respondent N... | Sub section (1)(a) of section 58 of the , provides, " A stage carriage permit or a contract carriage permit other than a temporary permit issued under section 62 shall be effective without renewal for such period not less than three years and not more than five years, as the Regional Transport Authority may specify in ... |
Civil Appeal No.169 of 1958.
Appeal by special leave from the decision dated June 29, 1955, of the Labour Appellate Tribunal of India, Bombay, in Appeal (Bombay) No. 245 of 1955, arising out of the Award dated July 14, 1955, of the Industrial Tribunal, Bombay, in Reference (I.T.) No. 100 of 1954.
5 34 C. K. Daphtary, S... | Section 25F(b) of the , provided: "No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until . (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days ' average... |
Civil Appeal No.28 of 1958.
Appeal from the judgment and order dated April 17, 1956, of the Allahabad High Court, in Special Appeal No. 20 of 1954, arising out of the judgment and order dated February 10, 1954, of the said High Court (Company Jurisdiction), in Application No. 29 of 1953/Company case No. 24 of 1949.
Oct... | The U. P. Union Bank was in occupation of a building belonging to the respondent as a tenant.
After the passing of the winding up order of the bank the Official Liquidators removed the offices of the bank from the premises and called upon the respondent landlord to take possession thereof.
The respondent refused to do ... |
ON: Criminal Appeal No. 72 of 1959.
Appeal by special leave from the judgment and order dated the 2nd April, 1959, of the Bombay High Court at Rajkot, in Confirmation Case No. 2 of 1959 and Crl.
Appeal No. 32 of 1959, arising out of the judgment and order dated February 18, 1959, of the Court of the Sessions Judge of M... | Twelve named persons, including the two appellants, were charged with having formed an unlawful assembly with the common object of committing the murder of three persons.
The Sessions Judge acquitted seven of the accused but convicted five under section 302 read with 149 and section 302 read with 34 of the Penal Code.
... |
19 of 1959.
Petition under Article 32 of the Constitution of India, for enforcement of fundamental rights.
Veda Vyasa, section K. Kapur and Ganpat Rai, for the petitioners.
section M. Sikri, Advocate General for the State of Punjab, N. section Bindra and D. Gupta, for the respondents.
November 13.
The Judgment of the C... | Section 28(1) of the authorised the State Government to grant sanction to a non licensee to engage in the business of supplying energy on " such conditions in this behalf " as it may fix.
By a notification dated May 26, 1948, issued under section 28(1) the first respondent granted sanction to the first petitioner, to e... |
126 of 1958.
Petition under Article 32 of the Constitution of India, for enforcement of Fundamental Rights.
N. C. Chatterjee and B. V. section Mani, for the petitioners.
B. Sen and R. H. Dhebar, for the respondent.
November 20.
The Judgment of the Court was delivered by DAS GUPTA J.
The petitioners who describe them se... | The Roadside Station Masters of the Central Railway challenged the constitutionality of promotion for guards to higher grade station masters ' posts.
The petitioners contended that the channel of promotions amounted to a denial of equal opportunity as between Roadside Station Masters and Guards in the matter of promoti... |
Civil Appeal No. 342 of 1959.
Appeal by special leave from the judgment and decree dated April 29, 1959, of the Calcutta High Court, in appeal from Original Order No. 188 of 1958.
H. N. Sanyal, Additional Solicitor General of India.
T. section Venkatarama, K. R. Sarma and K. R. Chaudhry, for the appellants.
section N. ... | On the judgment debtor 's default in paying the agreed instalments of the decretal amount a receiver was appointed by the Court in execution of the decree under section 51 of the Code of Civil Procedure with power to sell the judgment debtor 's property either by private agreement or public auction.
The receiver entere... |
minal Appeal No. 48 of 1958.
Appeal by special leave from the judgment and order dated July 4, 1956, of the Calcutta High Court, 321 in Criminal Revision No. 1005 of 1955 arising out of the judgment and order dated July 21, 1955, of the Additional Sessions Judge, Asansol, in Criminal Appeal No. 125 of 1955.
H. J. Umrig... | A company dismissed from its service four of the appellants, for taking part and instigating others to join, in an illegal slowdown strike in the Hot Mill Section of its works, which were a public utility service.
On such dismissal the slow down strike however gained strength.
The company thereupon issued a notice date... |
ivil Appeal No. 217 of 1959.
Appeal by special leave from the judgment and order dated June 20, 1958, of the Jammu and Kashmir High Court, in Writ Petition No. 108 of 1958.
H. N. Sanyal, Additional Solicitor General of India, N. section Bindra, R. H. Dhebar and T. M. Sen, for the appellants.
R. K. Garg and M. K. Ramamu... | The respondents filed a petition in the High Court of Jammu Kashmir Motor Vehicles Rules.
The High Court held that the said rule was ultra vires as offending article 14 of the Constitution.
The appellants filed an application in the High Court for a certificate under article 132(1) of the Constitution which was rejecte... |
Appeal No. 301 of 1959.
Appeal by special leave from the judgment and order dated December 10, 1958, of the Allahabad High Court, in First Appeal No. 382 of 1958, arising out of the judgment and order dated August 6, 1958, of the Election Tribunal, Kanpur, in Election Petition No. 284 of 1957.
N. C. Chatterjee, R. K. G... | The appellant held an office under the Government and was dismissed from service on January 24, 1956, for a reason other than corruption or disloyalty to the State.
He filed his nomination paper for election to Parliament which did not disclose any disqualifications.
No objection was taken to the nomination and it was ... |
minal Appeals Nos.
25 to 27 of 1958.
356 Appeals from the judgment and order dated June 25, 1957, of the Punjab High Court, in Criminal Revisions Nos.
184 D, 185 D and 186 D of 1956, arising out of the judgment and order dated October 23, 1956, of the Sessions Judge, Delhi, in Criminal Revision Applications Nos.
249, 2... | On March 9, 1956, a conspiracy to divulge the budget proposals on receiving valuable consideration was discovered and a case was registered under section 165A of the Indian Penal Code, section 5(2) of the Prevention of Corruption Act, 1947, section 5 of the Official Secrets Act, 1923, and section 120B of the Indian Pen... |
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