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Civil Appeal No.16 of 1955.
Appeal from the judgment and decree dated February 14, 1952, of the former Nagpur High Court, in First Appeal No. 10 of 1945, arising out of the judgment and decree dated September 25, 1944, of the Second Additional District Judge, Amraoti, in Civil Suit No. 11 A of 1943, Tr.
Civil Suit No.5... | A deed dated September 10, 1931, described as a sale deed, recited that the transferors were indebted and that to discharge the liability three items of immovable properties, described in the deed and separately valued, were conveyed in full ownership and that possession was delivered to the transferees.
The deed furth... |
ivil Appeal No.678 of 1957.
Appeal from the judgment and order dated August 1, 1956 of the Patna High Court, in Misc.
Judicial Case No. 188 of 1955.
WITH Civil Appeals Nos.
546 of 1958 and 115 of 1959.
333 Appeals from the judgment and order dated March 8, 1957, of the Patna High Court, in Misc.
Judicial Cases Nos. 116... | The respondent mills, a registered dealer under the Bihar Sales Tax Act, 1947 (Act 111 of 1947), was carrying on business of manufacture and sale of gunny bags, hessian and other jute products at Katihar.
During the period April 1, 1950, to March 31, 1951, it sold and despatched its wares worth about Rs. 92,24,386 1 6 ... |
il Appeals Nos.
112 to 116 of 55.
Appeals from the judgment and order dated December 14,1951, of the Madras High Court, in AAO 210 of 1946, C. M. Ps.
3273 and 3274 of 1946, AAO 661 of 1946, and AAO 49 of 1947 respectively, arising out of the judgment and order dated January 28, 1946, of the Subordinate Judge, Devakotta... | In a suit for partition of the joint family properties filed by the respondent against his brother and his sons, appellants 1 to 5 respectively, the latter while admitting the relationship of the respondent and his half share to the family properties, pleaded, inter alia, that the court had no jurisdiction to divide th... |
iminal Appeals Nos. 157 and 158 of 1957 and 5 of 1958.
Appeals by special leave from the judgment and order dated October 31, 1955, of the Allahabad High Court, in Criminal Reference Nos. 28, 29 and 30 of 1955, arising out of the judgment and order dated December 18, 1954, of the Sessions Judge, Deoria, in Criminal Rev... | The three respondents, who were the General Manager, the Assistant Manager and the Secretary of the Laxmi Devi Sugar Mills Ltd., were charged under sections 12, 13 and 26 of the United Provinces Shop and Commercial Establishment Act, 1947, for contravening the provisions of the Act relating to holidays, leave and maint... |
9 of 1957.
Petition under Article 32 of the Constitution of India for enforcement of fundamental rights.
B. D. Sharma, for the petitioner.
C. K. Daphtary, Solicitar General of India R. H. Dhebar and T. M. Sen, for the respondents.
December 2.
The Judgment of the Court was delivered by KAPUR J.
The petitioner was a whol... | The petitioner who was doing business in tobacco was charged with the contravention of Rules 151(C) and 226 of the Central Excise Rules, 1944, framed under the .
The Collector finding the charges to be proved ordered confiscation of the goods found in the petitioner 's warehouse and levied duty thereon in lieu of confi... |
159 of 1956.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
N. C. Chatterjee and D. N. Mukherjee, for the petitioners.
Mahabir Prasad, Advocate General for the State of Bihar, Bajrang Sahai and R. C. Prasad, for the respondents.
December 15.
The Judgment of the Court was d... | The Secretary of the Government of Bihar in the Revenue Department issued a notice to the petitioner company who were the lessees of mining lease, charging it with violation of sections 10, 12 and 14 Of the Bihar Mica Act, 1947, and calling upon it to show cause why action should not be taken to cancel its licence whic... |
171 of 1958.
Petition under Article 32 of the Constitution of India, for enforcement of fundamental rights.
Purshottam Tricumdas, Porus A. Mehta, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the petitioners.
C. K. Daphtary, Solicitor General of India, N. section Bindra, B. H. Dhebar and T. M... | The petitioner company applied to the Chief Controller of Imports and Exports, Government of India, New Delhi, for five import licences and obtained them from the joint Chief Controller of Imports and Exports, Bombay, purporting to grant the same on the authority of the former, and placed orders for goods covered by th... |
Appeal No.327 of 1955.
Appeal by special leave from the judgment and order dated January 31,1955, of the Bombay High Court, in Special Civil Application No. 1100 of 1954.
V. M. Limaye, section N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellants.
N. P. Nathwani, K. L. Hathi and R. H. Dhebar, for the respo... | The appellants who were holders of certain lands known as Lal liti " lands were assessed to land revenue under the provisions of the Bombay Land Revenue Code, 1879, after the Bombay Taluqdari Tenure Abolition Act, 3 1949, came into force.
"Lal liti " lands were granted originally by Taluqdars in Gujrat to cadets, widow... |
minal Appeals Nos.
36 to 38 of 1955.
Appeals from the judgment and order dated the 14th February, 1955, of the Punjab High Court (Circuit Bench), Delhi, in Criminal Writs Nos. 36 D, 37 D and 52 D of 1954.
C. K. Daphtary, Solicitor General of India, N. section Bindra and R. H. Dhebar, for the appellants.
N. C. Chatterje... | The respondent company was registered a stock holder under the Iron and Steel (Control of Production and Distribution) Order, 1941 issued by the Central Government in exercise of its powers under r. 81(2) Of the Defence of India Rules.
On December 10, 1949, the Iron and Steel Controller issued a notification under cl.
... |
81, 62, 63 & 3 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental rights.
K. M. Munshi, N. C. Chatterjee, L. R. Das Gupta, G. K. Munshi, D. N. Mukherjee and R. Gopalakrishnan, for the petitioners.
C. K. Daphtary, Solicitor General of India, H. N. Sanyal, Additional Solicitor ... | When an enactment is challenged on the ground of violation of fundamental rights it is necessary to ascertain its true nature and character, i.e., its subject matter, the area in which it is intended to operate, its purport and intent.
In order to do so it is legitimate to take into consideration all the factors such a... |
Appeals Nos. 422 & 423 of 1958.
433 Appeals from the judgment and decree dated November 22, 1957, of the Allahabad High Court (Lucknow Bench), Lucknow, in Civil Misc.
Applications Nos. 54 and 56 of 1957.
Niamatullah, section N. Andley and J. B. Dadachanji for O. N. Srivastava, for the appellant.
H. N. Sanyal, Additiona... | The respondent, proprietor of Ramnagar Estate, filed a suit against the appellant, proprietor of Ganeshpur Estate, for the recovery of certain properties.
The appellant filed a cross suit against the respondent.
During the pendency of the suits the appellant was declared to be a person of unsound mind and the Court of ... |
Appeal '.
No.75 of 1956.
Appeal by special leave from judgment and order dated March 17, 1955, of the Small Causes Court, Bombay, in Appeal No. 1 of 1955.
M.C. Setalvad, Attorney General for India, section N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellant.
K. B. Choudhuri, for the respondents.
702 1960.... | The expression " the total sum directed to be paid " used in section 17(1) (a) of the , properly construed, does not mean the total sum directed to be paid to each individual applicant.
Consequently, an employer against whom a direction for payment is made under section 15(3) of the Act has a right of appeal under sect... |
Civil Appeal No.257 of 1958.
Appeal by special leave from the Award dated August 20, 1957, of the Industrial Court, Bombay, in Reference (IC) No. 197 of 1956.
C. K. Daphtary Solicitor General of India.
section N. Andley, J. B. Dadachanji and Rameshwar Nath,for the appellant.
B. P. Maheshwari, for the respondent.
I. N. ... | In ascertaining the surplus available for the payment of bonus according to the Full Bench formula the Industrial Court allowed the statutory depreciation but did not give any credit for the rehabilitation amount claimed.
The Industrial Court estimated the amount required for rehabilitation at Rs. 60 lakhs; out of this... |
Appeal No, 208 of 1955.
Appeal from the judgment and decree dated November 27, 1951, of the former Nagpur High Court, in Second Appeal No. 169 of 1947, arising out of the judgment and decree dated February 3, 1947, of the First Additional District Judge, Amraoti in Civil Appeal No. 85 A of 1946, against the judgment an... | The question for decision in the appeal was the right of the revenue authorities of the State Government concerned, to resume certain lands known as 'patelki huq inam, ' which lay in the jagir village of Nawabag situate in the ceded area of Berar.
The lands were granted by the then sovereign authority by way of remuner... |
minal Appeal No. 204 of 1959.
Appeal by special leave from the judgment and order dated June 23, 1959, of the Calcutta High Court in Criminal Revision No. 640 of 1958.
section K. Acharya and Janardan Sharma, for the appellants.
section M. Bose, Advocate General for, the State of West Bengal, K. C. Mukherjee and P. K. B... | The appellants were prosecuted for having committed offences under section 120B read with Ss. 302 and 436 of the Indian Penal Code and their case was taken up for trial before the Third Tribunal constituted under the West Bengal Tribunals of Criminal jurisdiction Act, 1952 (W.B. Act XIV of 1952).
By a notification date... |
Appeal No. 428 of 1959.
Appeal from the judgment and order dated February 25, 1959, of the Punjab High Court (Circuit Bench) at Delhi in Letters Patent Appeal No. 47 D of 1955, arising out of the judgment and order dated November 28, 1955 of the said High Court in Writ Petition No. 306 D of 1954.
N. C. Chatterjee, J. B... | Rule 54 of the Mineral Concession Rules, 1949, provided as follows: " Review.
Upon receipt of such application, the Central Government may, if it thinks fit, call for the relevant records and other information from the Provincial Government, and after considering any explanation that may be offered by the Provincial Go... |
ppeal No.200 of 1955.
Appeal from the judgment and decree dated January 20, 1943, of the Madras High Court in A. section No. 392 of 1943, arising out of the judgment and decree dated March 30, 1943, of the Sub Judge, Tuticorin in O. section No. 34 of 1939.
section V. Venugopalachariar and section K. Aiyangar, for the a... | A Hindu was found to be a lunatic when succession opened.
It was claimed that under the texts lunacy must be congenital to exclude from inheritance.
Held, under the Hindu law lunacy as distinct from idiocy need not be congenital to exclude from inheritance, if it existed when succession opened.
Muthusami vs Meenammal. ... |
No. 170 of 1959.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental rights.
785 R. V. section Mani.
for the petitioner.
C. K. Dephtary, Solicitor General of India, B. R. L. lyengar and R. H. Dhebar, for the respondent.
1960, January 20.
The Judgment of the Court was delivered by IMAM ... | The petitioner was detained by an order of the Central Government under section 3, of the .
The Advisory Board which considered the petitioner 's case in accordance with the provisions of the Act did not recommend that the order of detention should be withdrawn.
The allegations against the petitioner were that he was c... |
ppeal No. 147 of 1956.
Appeal from the judgment and decree dated August 7, 1952, of the Madras High Court in A. section No. 809 of 1947, arising out of the judgment and decree dated October 31, 1947, of the Sub Judge, Tenali in 0.
section No. 64 of 1944.
K. R. Chaudri, T. section Venkataraman and K. B. Sharma, for the ... | The sole trustee of a deity in a suit prayed for a decree for the recovery of the arrears of income of a property alleging that the property in dispute constituted a specified endowment for Kalyanotsavam of the deity and the appellants who were trustees of the said property had committed default in carrying out the pur... |
ion No. 38 of 1959.
Petition under article 32 of the Constitution ofIndia for enforcement of Fundamental Rights.
Purshottam Tricumdas, and 1.
N. Shroff, for the Petitioner.
A. V. Viswanatha Sastri, R. Ganapathi Iyer and R. H. Dhebar, for the respondents.
N. A. Palkhivala and I. N. Shroff, for Interveners Nos.
1 to 3 Th... | The petitioner who entered into contracts with the Government of India for the supply of certain quantities of sugar of foreign origin, placed orders with dealers in foreign countries and made arrangements for transporting the goods to Bombay by engaging steamers.
When the goods were on the high seas and before the ves... |
ION: Criminal Appeal No. 76 of 1956.
Appeal from the judgment and order dated August 27, 1954, of the Allahabad High Court in Criminal Misc.
Writ No. 20 of 1954.
823 K. L. Misra, Advocate General for the State of Uttar Pradesh.
Mathur and C. P. Lal, for the appellants.
N. section Bindra, for the respondent.1960.
Januar... | Section 3 of the U.P. Special Powers Act, 1932 (XIV Of 1932), provided as follows: "Whoever, by word, either spoken or written, or by signs or by visible representations, or otherwise, instigates, expressly or by implication, any person or class of persons not to pay or to defer payment of any liability, and whoever do... |
Civil Appeal No. 258 of 1958.
Appeal by special leave from the Award dated August 17, 1957, of the Industrial Tribunal, Bombay, in Reference (IT) No. 15 of 1957.
I.M. Nanavati, section N. Andley, J.B. Dadachanji and Rameshwar Nath, for the appellant.
907 B.K.B. Naidu and I. N. Shroff for respondent No. 1.
I. N. Shroff ... | The Industrial Tribunal, in the process of ascertaining the available surplus, disallowed a claim of the appellant employer for interest on a certain sum of money standing in the depreciation fund and alleged to have been used as working capital.
If this claim was allowed and the amount claimed deducted as a prior char... |
Appeal No. 693 of 1957.
Appeal from the judgment and Order dated the 25th May, 1956 of the Punjab High Court in F.A.C. No. 89/D of 55.
N. C. Chatterjee, section K. Kapur, N. H. Hingorani and Ganpat Rai, for the appellants.
H. J. Umrigar and T. M. Sen, for the respondent.
January 20.
The Judgment of the Court was delive... | The appellants were appointed under an agreement in writing by the Governor General as agents for purchasing and supplying ghee required for the Army personnel with effect from October 1, 1937.
After the outbreak of the World War 11 there was an enormous increase in the demand of ghee by the Government and the agreemen... |
Civil Appeals No. 218 of 1955 and 219 to 223 of ' 1955.
Appeal by special leave from the judgment and Order dated September 14, 1951, of the Income tax Appellate Tribunal, Madras, in I.T.A. No. 3158 of 1949 50.
and Appeals by special leave from the judgment and order dated September, 30, 1953, of the Income tax Appella... | The appellant, a resident and ordinarily resident in India, carried on trade in Colombo in grains and foodstuffs for cattle.
For the relevant assessment years the Income tax Officer rejected the accounts produced by the appellant on the grounds inter alia that there was absence of vouchers and that the stock account an... |
Civil Appeal No. 136 of 1958.
Appeal by special leave from the decision dated April 30,1956, of the Labour Appellate Tribunal of India at Lucknow in Appeeal No. III 45 of 1956, lip 919 arising out of the award dated February 6, 1956 of the State Industrial Tribunal, Allahabad, in reference No. 96 of 1955.
Ram Lal Anand... | The General Manager of the appellant Mills ordered the transfer of four workmen from the appellant mill to a new mill, which had been purchased subsequently.
The only connection between the two mills was the identity of ownership and, but for it, one had nothing to do with the other.
The concerned workmen protested to ... |
Civil Appeal No. 34 of 1956.
Appeal from the judgment and order dated February 19, 1954 of the former Nagpur High Court, in Misc.
Appeal No. 164 of 1949, arising out of the judgment and decree dated November 22, 1949, of the First Additional District Judge, Akola, in Civil Suit No. 12 A of 1948.
C. B. Agarwala and Ganp... | By means of a will the respondents husband autliorised her to adopt the appellant, and the will was duly registered after the death of the testator.
The relevant portion of the will ran thus: "Under this will, I am authorising the said Champalal Ishwardas to execute the same.
I have appointed him the executor of this w... |
Civil Appeals Nos.
717 to 742 of 1957.
Appeals by special leave from the decision dated August 31, 1956, of the Labour Appellate Tribunal of India, Calcutta in Appeals Nos.
(Cal.) 45 to 52, 59,61 63, 65 78 and 98 of 1955.
A. B. N. Sinha and B. P. Maheshwari, for the appellants (in all the appeals).
L. K. Jha and D. P. ... | The unskilled seasonal workmen of the Bihar Sugar Industry, bulk of whom belonged to the landless labourer class, who ceased to have any contractual relation with the employers once the 990 season was over and on the commencement of the next season might or might not rejoin their employment) raised disputes over the qu... |
Civil Appeal No. 355 of 1958.
Appeal by special leave from the decision dated December 12, 1956, of the Labour Appellate Tribunal 983 of India, Bombay in Appeal (Bom.) Nos.
77and 103 of 1956.
A. V. Viswanatha Sastri, section N. Andley, J. B. Dadachanji and Rameshwar Nath for the appellant.
B. D. Sharma, for respondent ... | On the refusal of the appellant employer to fix the minimum wages and rates for contract work of the workmen respondents who alleged that they were paid below the level of bare subsistance wage, the dispute was referred to the Industrial Tribunal for adjudication.
The first Tribunal could not fix any minimum basic wage... |
Civil Appeal No. 22 of 1.958.
Appeal from the judgment and order dated December 2, 1954, of the Bombay High Court in Appeal No. 122 of 1954, arising out of the Judgment and order dated September 30, 1954, of the said High Court in Civil Misc.
Application No. 267/X of 1954.
R. J. Kolah, section N. Andley, J. B. Dadachan... | The draft standing orders submitted by the appellants to the certifying officer for certification under section 3(1) Of the , were altered by the latter on the footing that the modifications were necessary so as to be in conformity with the model standing orders.
Section 4 Of the Act, before it was amended in 1956, pro... |
ON: Criminal Appeal No. 170 of 1956.
Appeal by special leave from the judgment and order dated June 14, 1954, of the Calcutta High Court in Criminal Appeal No. 13 of 1954, arising out of the Judgment and order dated January 13, 1954, of the said High Court in Case No. 55 of 1953.
Purshottam Tricumdas, H. J. Umrigar and... | In a trial by jury, the judge should in his charge to the jury be careful to lead them to a correct appreciation of the evidence so that the essential issues in the case may be correctly determined by them after understanding the true import of the evidence on the rival sides.
Since a verdict of the jury depends upon t... |
minal Appeal No. 159 of 1956.
Appeal from the Judgment and Order dated June 25, 1956, of the Calcutta High Court in Criminal Revision No. 870 of 1956, arising out of the judgment and order dated May 5, 1956, of the Sessions Judge, Howrah, in Criminal Petition 8 of 1956 against the judgment and order dated February 20, ... | The appellant was convicted of selling adulterated butter under sections 406 and 407 read with section 488 of the Calcutta Municipal Act as extended to the Municipality of Howrah on a complaint filed by the Sanitary Inspector on January 2, 954 which was signed in token of sanction by the Health Officer of the said muni... |
Civil Appeal No. 347 of 1955.
Appeal by special leave from the judgment and order dated April 20, 1955, of the Railway Rates Tribunal, Madras, in Complaint No. 2 of 1954.
H. N. Sanyal Additional Solicitor General of India, Niren De. P. C. Chatterjee and P. K. Ghosh, for the appellant.
N. C. Chatterjee, J. P. Aggarwalla... | In pursuance Of section 32 of the Indian Railways Act, 1890 (IX of 1890), the Central Government had by means of a notification, fixed certain rates of terminal charges for loading and unloading goods carried from one station to another by Railway.
Inspite of this notification the appellant Railway Company did not levy... |
Civil Appeals Nos. 145/58 and 323/57.
Appeals by special leave from the judgment and order dated September 14, 1955, of the Bombay High Court in I.T. References, Nos. 8 and 21 of 1955 respectively.
R. Ganapathi Iyer and D. Gupta, for the appellant in C.A. No. 145 of 1958, and respondent in C. A. No. 323 of 1957.
N. A. ... | The respondent firm Harivallabhdas Kalidas was appointed the Managing Agent of Shri Ambika Mills Ltd., the appellant in the connected appeal by means of a Managing Agency Agreement the relevant portion of which ran thus: (2)(a) The Company shall pay each year to the said Firm either the commission of 5 (five) per cent ... |
Civil Appeal No. 513 of 1958.
Appeal by special leave from the judgment and order dated November 20, 1957, of the Bombay High Court in First Appeal No. 600 of 1956, arising out of the judgment and order dated October 17, 1956, of the District Judge, Poona, in Misc.
Petition No. 2 of 1956.
H. D. Banaji, section N. Andle... | The respondent had made an application under section 53 C Of the Companies Act, 1913, with an alternative prayer for winding up against the appellant company, to the District judge, Poona, who had been authorised under the Act to exercise jurisdiction.
While the application was pending the Companies Act, 1913, was repe... |
on No. 217 of 1956.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental rights.
Pandit Nanak Chand, for the petitioners.
I. N. Shroff, for respondent No. 1.
1960 February, 26.
The Judgment of the Court was delivered by SHAH, J.
This is a petition filed by Sahibzada Saiyed Muhammed Amir... | The first petitioner, who had migrated to West Pakistan, applied to the High Court of Madhya Bharat for a writ of abeas corpus for directions to produce petitioners 2 and 3, his minor children, before the Court on the allegation that they were wrongfully confined and, upon the dismissal of the said application, applied... |
ION: Criminal Appeal No. 14 of 1959.
Appeal by special leave from the judgment and order dated November 19, 1957, of the Bombay High Court at Rajkot in Criminal Appeal No. 137 of 1957, arising out of the Judgment and order dated August 31, 1957, of the Sessions Judge, Sorath Division, Junagadh, in Sessions Case No. 26 ... | The appellant was convicted under section 304 Part I of the Indian Penal Code and sentenced to imprisonment for life by the trial Court.
His appeal to the High Court was admitted only on the question of sentence and at the hearing the sentence was reduced to 10 years ' imprisonment.
On appeal by special leave the appel... |
ON: Criminal Appeal No. 137 of 1957.
Appeal from the judgment and order dated October 31, 1956, of the Madras High Court in Criminal Appeal No. 20/1956.
B. Dadachanji, C. B. Aggarwala , section N. Andley, J., Rameshwar Nath and P. L. Vohra, for the appellant.
R. Ganapathy Iyer and T. M. Sen, for the respondent.
C. K. D... | The appellant was tried by the Special judge Tiruchirappalli under section 165A of Indian Penal Code for attempting to bribe K, a Deputy Superintendent of Police.
The prosecution case was that in connection with the.investigation by the Inspector of Police of a case involving the appellant, the latter went to K 's bung... |
Appeal No. 404 of 1958.
Appeal by special leave from the decision dated March 10, 1958, of the Industrial Tribunal, Rajkot, in Adjudication Case No. 67 of 1955.
M. C. Setalvad, Attorney General for India, R. J. Kolah, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
Janardan Shar... | The appellant 's workmen were represented by a Union called Kamdar Mandal Cement Works, Porbandar.
The registration of the said union was cancelled and that led to the formation of two Unions, the Cement Kamdar Mandal and Cement Employees Union.
The Cement Kamdar Mandal gave two notices one after another to the appella... |
Appeal No. 481 of 1958.
Appeal by special leave from the Award dated June 29, 1957, of the State Industrial, Tribunal U.P. Allahabad, in Ref.
No. 98 of 1956.
M.C. Setalvad, Attorney General for India, section N. Andley, J. B. Dadachanji, Rameshuar Nath and P. L. Vohra, for the, appellants.
A. D. Mathur, for respondent ... | The appellant company used to employ Messrs. section M. Chou dhary as its contractors for doing certain work for it and the contractors in their turn used to employ some workmen to carry out the work which they took on contract.
A dispute having arisen between the contractors and their workmen an application was made b... |
Petition NO.
530 of 1959.
222 Petition for cancellation of the decree dated November 25, 1949, granted to the Respondent by the Order in Council in Privy Council Appeal No. XI of 1948.
C. K. Daphtary, Solicitor General for India and B. R. L. Iyengar, for the petitioner.
K. R. Bengeri and A. G. Ratnaparkhi, for the resp... | The respondent brought a suit for partition against the petitioner in respect of certain Watan lands.
The trial court decreed the suit but the High Court of Bombay reversed that decree.in appeal.
The Privy Council restored the decree of the trial court and an Order in Council was drawn up accordingly.
Execution of the ... |
Civil Appeal No. 411 of 1959.
Appeal by special leave from the judgment and order dated 9th January 1959 of the Allahabad High Court in First Appeal No. 448/A of 1958.
L. K. Jha, P. Rama Reddy R. K. Garg and R. Patnaik for the appellant.
G. section Pathak, G. N. Dikshit, Udai Pratap Singh, J. P. Goval, M. section Gupta... | The first respondent filed an election petition for an order that the election of the appellant be declared void on the ground that the appellant had committed the corrupt practice under section 123(5) of the Representation of the People Act, 1951, in that he had hired a tractor for conveying women electors from their ... |
iminal Appeal No. 73 of 1959.
Appeal by special leave from the judgment and order dated January 16/20th, 1959, of the Bombay High Court in Confirmation case No. 25 of 1958 with Criminal Appeal No. 1372 of 1958, arising out of.
the judgment and order dated October 27, 1958, of the Sessions Judge, Poona, in Sessions Case... | At the trial of a person for murder by alleged poisoning, the fact of death by poisoning is provable by circumstantial evidence, notwithstanding that the autopsy as well as the chemical analysis fail to disclose any poison; though the cause of death may not appear to be established by direct evidence, the medical evide... |
: Civil Appeals Nos. 40 to 110 of 1955.
Appeals from the judgment and order dated November 12, 1953, of the former Judicial Commissioner 's Court, Vindhya Pradesh, Rewa, in Misc.
Applications (Writ) Nos. 51 to 119 and 121 of 1953.
C. K. Daphtary, Solicitor General of India, M. Adhikari, Advocate General for the State o... | These appeals raised the question of constitutional validity of the Vindhya Pradesh Abolition of jagirs and Land Reforms Act, I952 (XI Of 1952).
Applications were made before the judicial Commissioner under article 226 of the Constitution on the ground that various provisions of the Act placed unreasonable restrictions... |
Civil Appeal No. 23 of 1958.
Appeal by special leave from the decision dated September 29, 1956, of the Labour Appellate Tribunal, Bombay, in Appeal (Mad.) No. 96 of 1956, arising out of the Award dated April 9, 1956, of the Industrial Tribunal., Madras, in I.D. No. 52 of 1954.
A. V. Viswanatha Sastri, and Naunit Lal, ... | Can the Full Bench formula for calculation of bonus apply to a claim of bonus made by workmen engaged in electricity con cerns and undertakings ? That was the question raised for decision in this appeal.
A Special Bench of the Labour Appellate Tribunal held in the affirmative and the correctness of its decision was cha... |
110 of 1959.
Writ Petition under Article 32 of the Constitution of India for enforcement of Fundamental rights.
B.R. L. Iyengar and Shankar Anand, for the petitioners.
M. C. Setalvad, Attorney General for India, B. Sen,R. Gopalakrishnan R. H. Dhebar and T. M. Sen, for the respondents.
March, 7.
The Judgment of the Cour... | The petitioner, a registered co operative society, carrying on the business of plying motor buses as stage carriages, had permits for four routes which were due to expire.
The State applied for permits for all these routes under Ch.
IV of the , as amended by Act 100 of 956, and the petitioner applied for renewal of its... |
Appeal No. 402 of 1958.
Appeal by special leave from the Award dated January 29, 1957, of the Industrial Tribunal, Bihar, at Patna in Reference No. 7 of 1956.
Sukumar Ghose, for the appellant.
M. K. Ramamurthi, R. K. Garg, A. N. Nag and Suresh Aggarwal, for the respondents.
section P. Varma, for the intervener (State o... | A dispute relating to a workman in the appellant sugar mill, situate in Bihar, was raised by the Workers Union and a reference was made by the State Government.
Under section 2 (a) (1) of the , " 'Appropriate Government ' means in relation to any industrial dispute concerning any industry carried on by or under the aut... |
Civil Appeals Nos.
228 to 230 of 1958.
Appeals from the judgment and decree dated July 2, 1957, of the Patna High Court in Misc.
Judicial Case No. 640 of 1955.
59 N. A. Palkhivala, Thakur Prasad and R. C. Prasad for the appellant.
C. K. Daphtary, Solicitor General of India, R. Ganapathy Iyer and D. Gupta, for the respo... | The Appellant Bank which was registered under the Co operative Societies 'Act, 1922, received, in the relevant account years, by way of interest on deposits with the Imperial Bank of India certain sums of money.
The Income tax Officer assessed the aforesaid sums under section 12 of the Indian Income tax Act 1922, as in... |
Appeal No. 335 of 1956.
Appeal by special leave from the judgment and order dated August 25, 1954, of the Bombay High Court in Income tax Reference No. 1 of 1954.
N.A. Palkhivala, section N. Andley, and J. B. Dadachanji, for the appellant.
K.N. Rajagopal Sastri and D. Gupta, for the respondent.
March, 4.
The Judgment o... | The appellant was the administrator of the estate of one Henry Gannon, a resident of British India, who left for the United Kingdom in 1944 and died there in 1945.
In the course of administration the appellant sold certain shares and securities belonging to the deceased for the purpose of distributing the assets amongs... |
Appeal No. 419 of 1956.
Appeal by special leave from the decision dated January 17, 1955, of the Labour Appellate Tribunal, of India, Bombay, in Appeal (Bom.) No. 61 of 1954.
N.C. Chatterjee, D. H. Buch and I. N Shroff, for the appellants.
R. J. Kolah, B. Narayanaswami, section N. Andley, J. B. Dadachanji, Rameshwar Na... | In 1951 on account of the failure of the monsoon, generation of electricity from the Hydro Electric System was affected and it was found necessary to reduce the consumption of electricity.
The Government of Bombay passed an order under section 6A(1) of the Bombay Electricity (Special Powers) Act, 1946, regulating the u... |
Appeal No. 425 of 1958.
Appeal by special leave from the Decision dated October 9, 1956 of the Labour Appellate Tribunal of India, Bombay, in Appeal (Bom.) No. 111 of 1956.
M. C. Setalvad, Attorney General of India, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
M. section K. S... | The respondent, a stenographer employed by the appellant at its head office in Bombay, challenged the legality and pro priety of the dismissal order passed against him by an application under the provisions of the Bombay Industrial Relations Act, 1946, and contended that the Notification No. 1131 46 issued by the Gover... |
minal Appeal No. 116 of 1958.
Appeal from the judgment and order dated February 28,1957, of the Calcutta High Court in Criminal Revision No. 1158 of 1956, arising out of the judgment and order dated June 26, 1956, of the Additional Chief Presidency Magistrate, Calcutta, in G. R. Case No. 284 of 1956.
K. R. Chaudhury, f... | A Criminal case was instituted in the court of a Magistrate at Calcutta against the appellant under section 332 of the Indian Penal Code for voluntarily causing hurt to the Bailiff of Calcutta Corporation and another.
After hearing both sides the Magistrate was of the opinion that the charge under section 332 could not... |
Appeal No. 108 of 1957.
Appeal by special leave from the judgment and order dated February 16, 1955, of the Bombay High Court in Income tax Reference No. 35/x of 1954.
A.V. Viswanatha Sastri, B. K. B. Naidu and I. N. Shroff, for the appellants.
C. K. Daphtary, Solicitor General of India K. N. Rajagopal Sastri and D. Gu... | C, who was the Karta of the Hindu undivided family con sisting of his wife, three sons and himself, was a partner in six managing agency firms in six Mills, and the income received by him as partner 'was being assessed as that of the Hindu undivided family for the purposes of income tax.
On December 31, 1945, C, acting... |
minal Appeal No. 159 of 1957.
Appeal by special leave from the judgment and order dated February 14, 1956, of the Bombay High Court in Criminal Appeal No. 1232 of 1955, arising out of the judgment and order dated October 3, 1955, of the Additional Sessions Judge for Greater Bombay in Case No. 38 V. Sessions 1955.
Pursh... | The first appellant was the Managing Director and the second appellant a Director and technical expert of a cloth dyeing concern known as Parikh Dyeing and Printing Mills Ltd. The company entered into a contract with the Textile Commissioner undertaking to dye a large quantity of cloth which was supplied to the company... |
: Civil Appeals Nos. 143 & 144 of 1959 and 545 of 1958.
Appeals by special leave from the Award dated December 14, 1957, of the State Industrial Court at Nagpur in Industrial References Nos. 18 of 1956 and I of 1957 respectively.
C. B. Aggarwala, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for ... | The question for determination in these appeals was whether and to what extent the municipal activities of the Corporation of 943 Nagpur City fell within the term 'industry ' as defined by section 2 (14.) of the C.P. and Berar Industrial Disputes Settlement Act, 1947.
Disputes having arisen between the said Corporation... |
Appeal No. 209/58.
Appeal by special leave from the Award dated September 16, 1957 of the Industrial Tribunal No. 11, Ernakulam, in Industrial Dispute No. 34 of 1957.
G. B. Pai and Sardar Bahadur,for the appellants.
A. V. Viswanatha Sastri and M. section K. Sastri, for the respondents.
March 9.
The Judgment of the Cour... | During the year 1954 1955, the appellant paid a sum equiva lent to 3 months basic wages as bonus to its monthly paid clerical staff.
These employees raised an industrial dispute claiming an additional bonus equal to 7 months basic wages.
The Industrial Tribunal to which the dispute was referred awarded additional bonus... |
il Appeals Nos.
392 of 1956 & 686 of 1957.
Appeals from the judgment and order dated March 31, 1954, of the former Hyderabad High Court in Civil Writ Nos. 43 and 44 of 1951 respectively.
section P. Varma, section Mohammed and section R. Borgaouker, for the appellants in both the appeals.
A. V. Viswanatha Sastri, P. V. ... | After the Police action in the State of Hyderabad in August, 1948, the Nizam, by a Farman dated September 19, 1948, invested the Military Governor " with all authority for the administration of the State " and by a later Farman declared that " the said authority includes and has always included authority to make Regula... |
Appeal No. 1 of 1959.
Appeal by special leave from the award dated September 16, 1957, of the Industrial Court, Bombay, in Misc.
Application (IC) No. 20 of 1957.
M. C. Setalvad, Attorney General for India, I. M. Nanavati, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
C. K. Dap... | This was an appeal by certain textile mills of Ahmedabad against a scheme for gratuity awarded by the Industrial Court.
The Labour Association, the respondent, gave a notice of change under section 42(2) of the Bombay Industrial Relations Act, 1946 (Bom.
XI of 1947), intimating the Mill Owners ' Association that they w... |
Appeal No. 92 of 1954.
Appeal from the judgment and order dated January 28, 1953, of the ' Calcutta High Court in Award Case No. 105 of 1952.
M. C. Setalvad, Attorney General for India, B. Sen, P. D. Himatsinghka and B. P. Maheshwari, for the appellant.
N. C. Chatterjee, M. 0.
Poddar and Ganpat Rai, for the respondent.... | In respect of a dispute between the appellant company and the respondent company which was referred to the arbitration of the Bengal Chamber of Commerce in terms of the arbitration clause contained in the contract entered into on April 6, 1951, an award was made on February 29, 1952, allowing the claim of the appellant... |
Appeals Nos. 195 and 196 of 1959.
Appeals by special leave from the Award dated April 15, 1957, of the Third Industrial Tribunal, West Bengal, in Case No. VIII 7 of 1956.
B. Sen, P. K. Chakravarty and B. N. Ghosh, for the appellants (in C. A. No. 195 of 59) and respondents (in C. A. No. 196 of 59).
N. C. Chatterjee, D.... | There can be no doubt from the point of view of Economics that the clerical and subordinate staff of an industry like its manual workers contribute to its production and there can, therefore, be no reason for excluding them wholly from the benefits of a scheme of incentive bonus.
The fact that the clerical staff are pa... |
Appeal No. 124 of 1959.
Appeal by special leave from the Award dated February 8, 1957, of the Additional Industrial Tribunal, Delhi, in Misc.
I. D. Case No. 422 of 1956.
Jawala Prasad Chopra and J. K. Haranandani, for the appellants.
C. K. Daphtary, Solicitor General of India, H. J. Umrigar, M. K. Ramamurthi, V. A. Sey... | The respondent workman was dismissed by his employer, the appellant, pending adjudication of an:industrial dispute, and without the permission of the Industrial Tribunal, relating to the discharge of 7 other employees working as apprentices under the appellant.
The respondent raised a dispute before the Industrial Trib... |
Appeal No. 141 of 1959.
Appeal by special leave from the Award dated July 19, 1958, of the Fourth Industrial Tribunal, West Bengal, in Case No. VIII 240 (166)/57. C. K. Daphtary, Solicitor General of India, Vidya Sagar and B. N. Ghosh, for the appellants.
P. K. Sanyal and P. K. Chakravarty for R. C. Datta, for the resp... | A rationalisation scheme in the mills of the appellant com panies was agreed to by the Works Committee and a notice under section 9A of the , was given to the 365 Union of their workmen.
The workmen, however, objected to the introduction of the scheme and the dispute was referred by the Government to the Tribunal on De... |
Civil Appeal No. 483 of 1958.
Appeal by special leave from the decision dated March 20, 1956, of the Labour Appellate Tribunal of India, Madras, in Appeal No. Bom.
90 of 1952 arising 145 out of the Award dated December 28, 1951, of the Industrial Tribunal, Madras, in Industrial Dispute No. 48 of 1951.
February 11, 12.
... | The management by a notice terminated the services Of 39 workmen as a measure of retrenchment.
The workmen went on strike which led to an industrial dispute.
The Industrial Tribunal interalia held that the strike was not justified and that the management had made out of a case of necessity for retrenchment and no malaf... |
iminal Appeal No. 64 of 1958.
Appeal by special leave from the judgment and order dated December 3, 1956, of the Allahabad High Court in Criminal Reference No. 159 of 1956.
N. C. Sen, for the appellant.
C. K. Daphtary, Solicitor General of India,.
Purshottam Tricumdas, G. C. Mathur and C. P. Lal, for the respondent.
Ap... | The appellant who was a minor filed an application by his mother as his guardian under section 488 of the Code of Criminal Procedure in the Court of the City Magistrate, Allahabad, praying for an order against the respondent, for maintenance alleging that he was his putative father.
The Magistrate summarily dismissed t... |
Appeal No. 91 of 1959.
Appeal by special leave from the decision dated March 24,1958, of the Labour Court, Coimbatore, in R. P. No. 35 of 1958.
G. B. Pai and Sardar Bahadur, for the appellant.
M. K. Ramamurthi and T. section Venkataraman, for the respondents.
March 24.
The Judgment of the Court was delivered by GAJENDR... | The appellant 's manager was violently attacked by its workmen as a result of which he sustained serious injuries.
The workers in the lower division also threatened the appellant 's staff working in that division that they would murder them if they worked there.
The appellant was therefore compelled to notify that the ... |
Appeal No. 101 of 1960.
Appeal by special leave from the Award dated 2nd March, 1959, of the Labour Court, Chotanagpur Division, Ranchi, in Misc.
Cases Nos. 73,76, 77, 79 82, 84 90 of 1958.
N. C. Chatterjee, A .
K. Dutt and B. P. Maheshwari for the appellants.
Sohrab D. Vimadalal, section N. Andley, J. B. Dadachanji, R... | A workman against whom an enquiry is being held by the management has no right to be represented at such enquiry by a representative of his union, though the employer in his discretion, can and may allow him to be so represented.
In such enquiries fairly simple questions of fact as to whether certain acts of misconduct... |
Appeal No. 21 of 1956.
Appeal from the judgment and decree dated August 12,1954, of the Bombay High Court in Appeal No. 45 of 1954, arising out of the judgment and decree dated February 17, 1954, of the said High Court in Suit No. 246 of 1956.
H. J. Umrigar, N. N. Keswani and R. H. Dhebar, for the appellant.
M. C. Seta... | The respondent held a trade and import licence for foreign liquor as well as a vendor 's licence under the Bombay Abkari 51 398 Act.
It kept liquor in a bonded warehouse.
On April 2, 1948, the appellant asked the respondent to remove the liquor from the bonded warehouse after paying the necessary excise duty.
The respo... |
Appeal No. 347/1959.
Appeal by special leave from the Award dated October 17,1957, of the Industrial Tribunal No. 11, Ernakulam, in Industrial Dispute No. 63 of 1956.
section Govind Swaminadhan and P. Ram Reddy, for the appellant.
Jacob A. Chakramakal and K. Sundararajan, for respondent No.1 K. R. Choudhry, for respond... | The management having refused to comply with some of the demands raised by workmen, the matter was referred for conciliation.
Efforts at conciliation failed on November 30, 1955.
on the very next day the union gave a strike notice and actually went on strike with effect from December 9, 1958.
On January 3, 1956, the Go... |
Civil Appeal No. 24 of 1959.
Appeal by special leave from the Award dated September 18, 1957, of the Industrial Tribunal, Delhi, in 1.
D. No. 3 of 1957.
H. N. Sanyal, Additional Solicitor General of India, Vidya Sagar and B. N. Ghosh, for the appellant.
Frank Anthony and Janardan Sharma, for the respondents.
April 4.
T... | One S was employed by the appellant as a secretary and one of the terms of employment was that the appointment may be terminated on one month 's notice on either side.
The appel lant was thoroughly dissatisfied with the work of S and dis approved of her conduct in joining the union.
Purporting to act under the contract... |
Appeal No. 14 of 1959.
Appeal by special leave from the Award dated February 21, 1958, of the Central Government Industrial Tribunal, Nagpur at Bombay, in Reference CGIT No. 12 of 1957.
Sachin Chaudhury, section N. Andley, J. B. Dadachanji and, Rameshwar Nath, for the appellant.
A. section R. Chari and Y. Kumar, for th... | The system of working in the cash department of the appellant Bank was that there was a Chief Cashier and there were about thirty Assistant Cashiers under him.
The Chief Cashier had to give security for the work of the cash department; the Assistant Cashiers were employed upon being introduced by the Chief Cashier who ... |
Appeal No. 121 of 1959.
Appeal by special leave from the Award dated June 3, 1957, of the Second Industrial Tribunal, West Bengal.
N. C. Chatterjee, D. L. Sen Gupta and Dipak Datta Choudhri, for the appellants.
C. K. Daphtary, Solicitor General of India, H. N. Sanyal, Additional Solicitor General of India and section N... | Since 1942 the respondents had been making ex gratia pay ments to their employees (appellants) in addition to wages and salaries, but these were not regular and in 956, no ex gratia payments were made at all.
The appellants claimed that their right to be paid bonus had become an implied term of agreement or a condition... |
N: Civil Appeal No. 130 of 1959.
Appeal by special leave from the Award dated September 5, 1958, of the Industrial Tribunal, Bombay, in Reference (I.T.) No. 187 of 1958.
C. K. Daphtary, Solicitor General of India, G. B. Pai and Sardar Bahadur, for the appellants.
H. R. Gokhale, section B. Naik and K. R. Chaudhury, for ... | A dispute was raised by the respondents, the workmen of the appellant company, with respect to contract labour employed by it for cleaning maintenance work at the refinery including premises and plant belonging to it.
They made a demand for abolition of the contract system and for absorbing the workmen employed through... |
minal Appeal No. 119 of 57.
Appeal by special leave from the judgment and order dated the 24th August, 1955, of the Calcutta High Court in Criminal Revision No. 596 of 1955.
C. B. Agarwala and Sukumar Ghose, for the appellant.
B. Sen and S.N. Mukherjee, for the respondents.
March 23.
The Judgment of the Court WAS deliv... | The respondents were the owners of an oil seed pressing factory situated within the limit of a municipality.
They used to import mustard seeds from different areas and they also held a (1) (1952) L.A.C.103.
(2)(1958)1 L.L.J. 63.
(3) A.I.R. 1959 Bom.
359 licence for selling Mustard seed.
On a report of the Sanitary Insp... |
minal Appeal No. 217 of 1959.
Appeal by special leave from the judgment and order dated September 10, 1959 of the Punjab High Court in Criminal Misc.
No. 559 of 1959.
Appellant in person.
section M. Sikri, Advocate General for the State of Punjab, Mohinder Singh Punnan, T. M. Sen and D. Gupta, for the respondent.
March... | One S lodged a first information report against K.
When K found that no action was taken on the report for several months he filed a criminal complaint against S contending that the report lodged by S was false.
At the instance of S the magistrate ordered K 's complaint to stand adjourned till the police made its final... |
minal Appeal No. 160 of 1959.
Appeal by special leave from the judgment and order dated October 30, 1958, of the Allahabad High Court (Lucknow Bench) at Lucknow in Criminal Appeal No. 105 of 1957, arising out of the judgment and order dated February 12, 1957, of the Second Temporary Civil and Sessions Judge at Barabank... | The respondent was prosecuted for offences under section 7 of the .
The Magistrate found the offences proved and he further found that the respondent had 428 committed the offence for the third time for which he was liable to be awarded a sentence of imprisonment for not less than two years and to a fine of not less th... |
on No. 62 of 1956.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
N.H. Hingorani and A. N. Sinha, for the petitioner.
R. Ganapathy Iyer and T. M. Sen, for the respondent.
April 14.
The Judgment of the Court was delivered by KAPUR, J.
Prior to the integration of the Indian ... | In the, Indian State of Vadia succession was governed by primogeniture.
The Ruler in 1943 granted to his younger son, the petitioner, a village in the State in perpetuity and in heredity for enjoyment as 'Kapal Giras ' as ' Bhayat '.
In 1947 the State of Vadia acceded to the Dominion of India and by subsequent constitu... |
l Appeals Nos.
599 602 of 1962.
Appeals from the judgment and order dated April 7, 8, 1960 of the Bombay High Court in Income Tax Reference Nos. 70 and 71 of 1956.
R.J. Kolah, Ravinder Narain, J. B. Dadachanji and O. C. Mathur for the appellants (In all the Appeals).
N.D. Karkhanis and R. N. Sachthey, for the responden... | The assessees were carrying on business in Bhavnagar which was formerly an Indian State.
In 1948 Bhavnagar became part of the United State of Saurashtra and on March 16, 1949 the Saurashtra Income tax Ordinance was promulgated.
For the purpose of calculating the depreciation allowance to which the assessees were entitl... |
Civil Appeal No. 389 of 1959.
Appeal from the judgment and order dated October 25, 1957, of the Bombay High Court at Nagpur in Misc.
Petition No. 476 of 1956.
A. section Bobde and Ganpat Rai, for the appellant.
H. J. Umrigar K. L. Hathi and R. H. Dhebar, for respondent No. 2. 1960.
April 7.
The Judgment of the Court wa... | The Madhya Pradesh Government issued a notification under section 5 (2) of the (II of 1948), prescribing 477 the minimum rates of wages for employment in stone breaking and stone crushing operations carried on in mines in exercise of the authority delegated to it by the President by a notification under article 258 of ... |
: Civil Appeals Nos. 249 & 250 of 1958.
Appeals by special leave from the judgment and order dated March 7, 1956, of the Bombay High Court in I.T.R. Nos. 52 and 53 of 1955.
K. N. Rajagopal Sastri and D. Gupta, for the appellant (in both the appeals).
N. A. Palkhivala, section N. Andley and J. B. Dadachanji, for the res... | A Hindu governed by the Mitakshara School of Hindu Law died leaving three widows as his legal heirs.
The widows took the estate as joint tenants and did not exercise their right to separate possession and enjoyment.
The main income was from dividends and from immovable property.
The latter was held under section 9(3) o... |
ION: Criminal Appeal No. 55 of 1955.
Appeal by special leave from the judgment and order dated August 26, 1957, of the Bombay High Court in Criminal Appeal No. 1208 of 1955, arising out of the judgment and order dated March 31, 1955, of the Sessions Judge, Baroda, in Criminal Appeal No. 13 of 1955.
M. K Ramamurthi and ... | The offence of attempting to cheat may be committed even though the person attempted to be cheated does not believe in the representations made to him and is not misled by them but only feigned belief in order to trap the offender.
Where misrepresentations had been made and money obtained from the persons sought to be ... |
: Civil Appeal No. 257/59.
Appeal by special leave from the judgment and order dated April 18, 1958, of the Calcutta High Court in Civil Rule No. 1487 of 1955, arising out of the judgment and order dated February 12, 1955, of the Munsif Second Court, Alipore, in Misc.
Case No. 342/ 1949.
Nalini Banjan Bhattacharjee and... | The Calcutta Thika Tenancy Act, 1949, came into force before the appellant landlords could obtain possession in execution of their decree for ejectment against the respondent tenants.
Failing to get the decree set aside under 0. 9, r. 13 of the Code of Civil Procedure the tenants made an application under section 28 of... |
ivil Appeal No. 85 of 1959.
Appeal by special leave from the judgment and order dated August 12, 1958, of the Punjab High Court in First Appeal Order No. 183 of 1957, arising out of the judgment and order dated November 8, 1957, of Shri Harbaksh Singh, Member, Election Tribunal, Karnal, in Election Petition No. 249 of ... | Section 117 of the Representation of the People Act, 1951 provided: " The petitioner shall enclose with the petition a Government Treasury receipt showing that a deposit of one thousand rupees has been made by him. in favour of the Secretary to the Election Commission as security for the costs of the petition." The res... |
Civil Appeal No. 303 of 1956.
Appeal from the judgment and decree dated February 7, 1955, of the Calcutta High Court in Appeal from Appellate Order No. 102 of 1953, arising out of the judgment and decree dated August 6, 1953, of the Subordinate Judge, Second Court of Zillah, Howrah, in Misc.
Appeal No. 231 of 1953.
G.,... | With a view to give protection to Thika tenants against eviction and in certain other matters, the West Bengal Legislature enacted the Calcutta Thika Tenancy Act, 1949.
That Act was amended by the Calcutta Thika Tenancy Amendment Act, 1953, which omitted section 28 of the Act.
The question for decision in the appeal wa... |
: Civil Appeal No. 788 of 1957.
Appeal by special leave from the judgment and order dated February 16, 1955, of the Bombay High Court in Income tax Reference No. 38/x of 1954.
C. K. Daphtary, Solicitor General of India, R. Ganapathy Iyer and D. Gupta, for the appellant.
R.J. Kolah, section N. Andley, J. B. Dadachanji, ... | N, a coparcener of the Hindu undivided family of G, carrying on business in Kathiwar, then outside British India, entered into a partnership with strangers in Bombay in 1944.
A total sum of Rs. 1,,50,000 was remitted to N from the undivided family 621 funds and utilised as capital in the partnership business.
N 's brot... |
: Civil Appeal No. 38 of 1960.
Appeal by special leave from the judgment and order dated October 6, 1958, of the Punjab High Court in Letters Patent Appeal No. 52 of 1954, arising out of the judgment and order dated June 15, 1954, of the said High Court in First Appeal from Order No. 149 of 1953.
Y. Kumar, for the appe... | The appellant executed two usufructuary mortgages in favour of the respondents in 1946 with respect to two properties situated in Ferozepur city and herself took the properties on lease on the same date.
The respondents filed an application under section 13 of the Displaced Persons (Debts Adjustment) Act, LXX of 1951, ... |
Civil Appeal No. 305 of 1955.
Appeal by special leave from the judgment and order dated March 31, 1952, and March 2,1953, of the Bombay High Court, in Income tax Reference No. 48 of 1951.
R.J. Kolah, Sohrab N. Vakil and section N. Andley, for the appellant.
C.K. Daphtary, Solicitor General of India, R. Ganapathy Iyer a... | The appellant was the managing agent of a company which was, at the relevant time, carrying on the business of transporting cargo in boats which touched ports in British India and in the Indian State of Cochin and other States.
Under the managing agency contract the remuneration payable to the appellant was expressed i... |
Appeal No. 167 of 1955.
section N. Kherdekar, N. K. Kherdekar and A. G. Ratna.
parkhi, for the appellant.
N. C. Chatterjee, section A. Sohni and Ganpat Rai, for respondent No. 1. 1960.
August 23.
The Judgment of the Court was delivered by KAPUR J.
This is an appeal by special leave against the judgment and decree of th... | The vendors executed an agreement for sale in respect of a certain survey number which according to the agreement was to be diverted to non agricultural purposes and thereafter a sale deed was to be executed.
In pursuance to the said agreement the vendors applied for diversion which was sanctioned subject to the paymen... |
Civil Appeal No. 81 of 1956.
Appeal from the judgment and decree dated September 24,1952, of the Patna High Court in First Appeal from Original Decree No. 2 of 1947, arising out of the judgment and decree dated August,31, 1946, of the Special Subordinate Judge, Chaibassa, in Money Suit No. 3 of 1941.
L.K. Jha, B. K. Sa... | In 1900 the then proprietor of the Dhalbhum estate who was the predecessor in interest of the first respondent granted a permanent lease of the mining rights for certain metals and minerals in the estate to one Prince Mohammad Bakhtyar Shah.
During the lifetime of the said proprietor the management of the estate was ta... |
: Civil Appeal No. 151 of 1960.
Appeal by special leave from the judgment and order dated November 23, 1959, of the Madhya Pradesh High Court, Jabalpur, in First Appeal No. 78 of 1959, arising out of the judgment and order dated May 12, 1959, of the Election Tribunal, Raigarh, in Election Petition No. 76/1957.
G. secti... | Thirteen candidates filed their nomination papers for election to the Legislative Assembly of Madhya Pradesh.
The nomination of U was rejected on the ground that he failed to give a declaration as to his age as required in the nomination paper.
After the poll the appellants were declared duly elected.
Thereupon one of ... |
Civil Appeals Nos. 324 and 325 of 1957.
Appeals by special leave from the judgment and order dated April 10, 1953, of the former Hyderabad High Court in E.P.T. References Nos. 45215 and 453/5 of 1358 F. A.V. Viswanatha Sastri, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
K.N. ... | By an order of the Ruler of the erstwhile State of Hyderabad an institution was formed for the development of industries on behalf of the Government, called the Industrial Trust Fund, to be managed by a committee called Trustees.
In 1934 the Trustees entered into agreements with two cotton mills situated in the State b... |
Appeal No. 507 of 1957.
Appeal by special leave from the order and judgment dated September 28, 1955, and February 20, 1956, of the Bombay High Court in Income tax Reference No. 28 of 1955.
R.J. Kolah and I. N. Shroff, for the appellant.
C. K. Daphtary, Solicitor General of India,B. Ganapathy lyer and D. Gupta, for the... | The appellant was a shareholder of a company known as Mafatlal Gagalbhai and Co., Ltd. The Company with its registered office at Bombay was at all material times resident in British India.
It was also doing business in the former Baroda State and used to keep its profits derived in that State with Mafatlal Gagalbhai In... |
Civil Appeal No. 305 of 1959.
Appeal by special leave from the Decision dated January 10, 1957, of the Labour Appellate Tribunal of India, Bombay, in Appeal No. 111 346 of 1955.
G. section Pathak, section P. Sinha and K. K. Sinha for G. N. Dikshit, for the appellants.
Maqbool Ahmad Khan (General Secretary of the Union)... | The appellant paid wages to its workmen in the Carding Department on piece rate basis and in addition, the workmen were entitled to receive further emoluments if their production exceeded a certain norm.
The right to receive these additional emoluments had become a part of the terms of service of these workmen.
In 1948... |
2 of 1960.
Petition under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
A. V. Viswanatha Sastry and B. B. L. Iyengar, for the petitioner.
G. section Pathak, R. Gopalakrishnan and T. M. Sen, for the respondents.
C. K. Daphtary, Solicitor General of India and B.R.L. Iyengar, for the I... | In exercise of the powers conferred by section 68C of the , the General Manager of the Mysore Government Road Transport Department published a scheme for the exclusion of private operators on certain routes in a specified area and reservation of those routes for the State Transport Undertaking.
The scheme was approved ... |
161 of1958 and 109 of 1959.
Petitions under article 32 of the Constitution of India for the enforcement of fundamental rights.
Achhru Ram, D. B. Prem and Ganpat Rai, for the petitioners (In Petn.
No. 161 of 58 and 16, 17, 35, 58, 69, 102, 109/1959).
D.R. Prem, B. Thiagarajan and T. Satyanarayana, for the petitioners (I... | On October 10, 1958, the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, was declared invalid by the Supreme Court on the ground that the Legislative Assembly of the New Himachal Pradesh State which passed it was not duly constituted and was as such incompetent to pass the Act (Vide: Shree ... |
Appeal No. 420 of 1957.
Appeal by special leave from the judgment and order dated August 8, 1955, of the former Andhra High Court in Tax Revision Case No. 2 of 1955.
WITH Civil Appeal No. 142 of 1958.
Appeal from the judgment and order dated July 28, 1955, of the former Andhra High Court in T.R.C. No. 32 of 1954.
N.Raj... | The appellant company was a dealer in ghee and groundnut oil etc.
The Deputy Commercial Tax Officer assessed it to sales tax for the year 1948 49 on a turnover of Rs. 28,69,151 and odd.
Similarly for the year 1949 50 the appellant was assessed to sales tax on a turnover of Rs. 28,72,o83 and odd.
The appellant challenge... |
Appeal No. 107 of 1960.
Appeal by special leave from the judgment and order dated September 21, 1959, of the Mysore High Court, Bangalore, in Misc.
Appeal No. 68 of 1959.
Purshottam Prikamdas, section N. Andley, J. B. DadaChanji, Rameshwar Nath and P. L. Vohra, for the appellant.
715 K. R. Karanth and Naunit Lal, for t... | The respondent was the Editor of the Deccan Herald, owned and published by the appellant, and the two contracts executed by the parties contained an arbitration clause that if in the interpretation or application of the contract any difference arose between the parties the same shall be referred to arbitration and the ... |
Appeal No. 190 of 1955.
682 Appeal from the judgment and order dated July 31, 1953, of the Hyderabad High Court in Reference Case No. 302/5 of 1951 52.
N. A. Palkhivala and B. Ganapathy Iyer, for the appellants ' H. N. Sanyal, Additional Solicitor General of India, H. J. Umrigar and D. Gupta, for the respondent.
April ... | Under a quolnama the assessee company was granted exclusive rights in the nature of a monopoly to extract Shahabad Flag Stones without limit to quantity or measurement from quarries situated in six villages for a period of 12 years on annual payment of Rs. 28,000 but not to manufacture cement.
The stones had to be extr... |
Appeal No. 88 of 1956.
Appeal by special leave from the judgment and decree dated February 11, 1954, of the Madras High Court in Civil Revision Petition No. 921 of 1952, arising out of the judgment and decree dated November 2, 1951, of the Court of Small Causes, Madras, in Suit No. 4076 of 1950 (N. T. A. No. 113 of 195... | The appellant in the first case (C. A. No. 88/56) and the respondents in the other two cases (C. As.
Nos. 91 & 92 of 1958) were shipping companies carrying goods by sea from one port to another.
They carried goods of the opposite parties by ships to their places of destination but failed to deliver the whole of the goo... |
Appeal No. 100 of 1.959.
Appeal from the judgment and order dated February 11, 1957, of the Bombay High Court in Income tax Reference No. 53 of 1956.
R. J. Kolah, Dwarkadas, section N. Andley; J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
K. N. Rajagopal Sastri and D. Gupta, for the respondent.
... | Messrs. Shivnarayan Surajmal Nomani were the managing agents of the New Swadeshi Mills of Ahmedabad Ltd. The Nemani group and the appellant company which is the assesses 811 held a substantial number of shares of the said mills.
Sometime in 1944 some difference arose between them and it was decided that the Nemani grou... |
Appeal No. 427 of 1957.
Appeal from the judgment and order dated September 9, 1955, of the Bombay High Court in Income tax Reference No. 31/X of 1954.
K.N. Rajagopal Sastri and D. Gupta, for the appellant.
N. A. ~Palkhivala, section N. ~Andley and J. B. Dadachanji, for the respondents and intervener.
955 1960.
May 4.
T... | The assesses had made profits during the assessment year 1951 52 but after deduction of the depreciation allowance it was found to have incurred a loss for income tax purposes.
In the same year the assesses declared dividends.
The Income tax Officer treated this amount as 'excess dividend ' and levied additional income... |
minal Appeal No. 117 of 1958.
Appeal by special leave from the judgment and order dated September 13, 1957, of the Bombay High Court in Criminal Petition Application No. 834 of 1957, arising out of the judgment and order dated April 30, 1957, of the Presidency Magistrate, IV Class, Girgaon, Bombay, in Case No. 6/1 & R ... | On June 3, 1956, riots broke out after a public meeting held in Bombay in connection with the re organisation of the State of Bombay was dispersed on account of the disturbances created therein.
The car in which the appellant was travelling was stopped by the crowd and some of those who surrounded the car caught hold o... |
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