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Civil Appeal No. 2329 of 1977.
Appeal by Special Leave from the Judgment and Order dated 30 11 1976 of the Karnataka High Court in W.P.
No 2307/71.
CIVIL APPEAL NOS.
2330 2350/77 Appeals by Special Leave from the Judgment and Order dated 30 11 1976 of the Karnataka High Court in W.P. Nos.
2307/71, 796/72, and 462 467, ... | In the new State of Mysore (Now Karnatake) which came into existence on 1 11 56 as a result of integration of the areas which formed part of erstwhile States of Mysore, Madras, Coorg, Bombay and Hyderabad, the Government on 6 2 58, 7 2 58 and 2 12 60 respectively promulgated the following Rules (all framed under Articl... |
section 443 of 1955 and 40 41 of 1956.
Petitions under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
M. C. Setalvad, Attorney General of India, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P.L. Vohra, for the petitioners (In all the petitions).
R. H. Dhebar and T. M. Sen, for... | These petitions by the holder of Kavalappara Sthanam, his wife, daughters and soil challenged the constitutional validity of the Madras Marumakkathayam (Removal of Doubts) Act, 1955 passed by the Madras Legislature soon after the Privy Council had declared the properties in possession of the Sthanee to be Sthanam prope... |
Appeal No. 319 of 1958.
Appeal from the judgment and order dated September 5, 1956, of the Bombay High Court in Income tax Reference No. 31 of 1956.
H. N. Sanyal, Additional Solicitor General of India, K. N. Rajagopal Sastri and D. Gupta, for the appellant.
N. A. Palkhivala, section N. Andley, J. B. Dadachanji and Rame... | The assesses firm which was doing business in Bombay was served with a notice on January 21, 1953, by the Income tax Officer under section 11(1) of the Business Profits Tax Act, 1947, in respect of the chargeable accounting period from November 13, 1947, to October 31, 1948, calling upon it to submit its return.
It fil... |
Appeal No. 37 of 1960.
Appeal from the judgment and decree dated November 12, 1952, of the Bombay High Court in First Appeal No. 492 of 1949, arising out of the judgment and decree dated the 20th April, 1949, of the First Class Sub Judge, Dharwar, in Special Civil Suit No. 16 of 1943.
section N. Andley, J. B. Dadachanj... | Upon the death of the holder in 1932, the Government of Bombay by order dated June 7, 1932, resumed the Saranjam estate of Gajendragad and re granted the same to his eldest son.
By the same order the assignment of some lands out of the estate in favour of B, a younger member of the family, by way of maintenance was als... |
Appeal No. 21 of 1960.
Appeal from the judgment and order dated January 16, 1959, of the Madras High Court in Writ Appeal No. 67 of 1958, arising out of the judgment and order dated July 15, 1958, of the said High Court in Writ Petn.
No. 922 of 1957.
C. B. Aggarwala, section N. Andley, J. B. Dadachanji and Rameshwar Na... | The appellant company had been carrying on various classes of insurance business other than life insurance after its incorporation in 1941, but in 1956 the shareholders of the company passed a resolution by which all its insurance business was to be closed.
Accordingly, on application made by the company to the Control... |
Appeal No. 121 of 1956.
Appeal by special leave from the judgment and order a dated January 29, 1953, of the former Saurashtra High Court in Civil Second Appeal No. 82 of 1952, arising out of the judgment and decree dated April 29, 1952, of the District Judge, Rajkot, in Civil Appeal No. 4 of 1952.
843 W. section Barli... | A Hindu father, speculating in gold and silver, lost heavily and sought to recoup by borrowing on a mortgage.
The mort gagee obtained a decree and sought to execute it by sale of the mortgaged property.
The sons and the wife sued for a declaration that the decree was not binding since the debt though antecedent was imm... |
Appeal No. 349 of 1957.
Appeal by special leave from the judgment and decree dated November 29, 1954, of the Punjab High Court in Regular Second Appeal No. 891 of 1951.
Hardayal Hardy and N. N. Keswani, for the appellant.
N. section Bindra and D. Gupta, for the respondent.
July 21.
The Judgment of the Court was deliver... | The appellant, who was employed in the Punjab Police, was found while working as a Police Censor to have detained certain letters illegally and later to have made use of copies and photographs of the them for blackmail.
He was consequently reverted to his substantive post of head constable on January 14, 1944.
Thereaft... |
Appeal No. 236 of 1955.
Appeal from the judgment and order dated August 3, 1953, of the Punjab High Court in Civil Reference No. 7/1952.
M. C. Setalvad, Attorney General for India, K. N. Rajagopal Sastri and D. Gupta, for the appellant.
N. C. Chatterjee and section K. Sekhri, for the respondent.
July 27.
The Judgment o... | The assessee, an advocate, accepted a case on condition that the clients would provide him with Rs. 40,000 for charitable purposes and that he would create a public charitable trust with the money.
The clients gave the assessee Rs. 32,500 and he created a trust therewith.
The assessee claimed that the said amount of Rs... |
Appeal No. 304 of 1958.
Appeal from the judgment and order dated September 7, 1956, of the Bombay High Court in Income tax Reference No. 19 of 1956.
C. K. Daphtary,Solicitor General of India,K. N. Rajagopal Sastri and D. Gupta, for the appellant.
N. A. Palkhivala and section N. Andley, for the respondent.
April 28.
The... | The assesses held the managing agency of a limited company in what was then called " British India and had also a pharma 728 ceutical business in the Baroda State which was at the relevant time an Indian State.
The business in British India showed profits assessable under the provisions of the Business Profits Tax Act,... |
Appeal No.123 of 1957.
Appeal from the judgment and order dated May 12, 1955, of the Punjab High Court in Civil Reference No. 17/1953.
A. V. Viswanatha Sastri, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
C.K. Daphtary, Solicitor General of India, R. Ganapathy Iyer and D. Gup... | S was the karta of the Hindu undivided family, consisting of himself and his younger brother.
Their father was the Treasurer of a Bank till his death in 1950.
During his father 's lifetime S was employed as an overseer in the Bank on a salary of Rs. 400 a month, and, subsequently, after his father 's death he was appoi... |
176 of 1959.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
Basudeva Prasad, M. K. Ramamurthi, K. N. Keshwa and R. Mahalingier, for the petitioner.
Lal Narain Sinha, B. K. P. Sinha, L. section Sinha and section P. Varma, for the respondents.
M. C. Setalvad, Attorney Genera... | The petitioner, the Editor of the Searchlight, an English daily newspaper published from Patna, was called upon to show cause before the Committee of Privileges of the Bihar Legislative Assembly why he should not be proceeded against for the breach of privilege of the Speaker and the Assembly for publishing an inaccura... |
ew Petition No. 37 of 1959.
Petition for Review of this Court 's judgment and order dated October 29, 1959, in Civil Appeal No. 38 of 1958.
C. K. Daphtary, Solicitor General of India, B. Sen, J. B. Mehta and J. B. Dadachanji, for the petitioner.
N. C. Chatterjee and section section Shukla, for respondents.
J. B. Mehta ... | Where at the hearing of an appeal filed by special leave from a decision of the High Court in a Writ Petition filed there under article 226 of the Constitution of India against an order of the Payment of Wages Authority, the Court considered that there was some force in the contention relating to the jurisdiction of th... |
Appeal No. 261 of 1958.
Appeal by special leave from the judgment and order dated November 6, 1956, of the Mysore High Court in Writ Petition No. 215 of 1956.
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.
July 22.
The Ju... | The appellants failed to file their return within the prescribed time and on a notice issued under section 28(1)(a) of the Indian Income tax Act, 1922, to show cause why penalty should not be imposed on them, they filed a written reply.
Without affording them an opportunity of being heard as required by section 28(3) o... |
Appeal No. 235 of 1958.
12 90 Appeal from the judgment and decree dated October 18,1956, of the former PEPSU High Court in Regular First Appeal No. 11 of 1954, arising out of the judgment and decree dated November 21, 1953, of the Additional District Judge, Patiala.
Gopal Singh and K. B. Krishnaswamy, for the appellant... | The appellant was compulsorily retired from service by the Rajpramukh of Pepsu by an order dated August 18, 1950, which was as follows: His Highness the Rajpramukh is pleased to retire from 89 service Sardar Dalip Singh, Inspector General of Police, Pepsu (on leave) for administrative reasons with effect from the 18th ... |
Appeal No. 306 of 1957.
Appeal from the judgment and order dated April 28, 1955, of the Allahabad High Court (Lucknow Bench), Lucknow, in Civil Misc.
Application No. 59 of 1954.
C. B. Agarwala, C. P. Lal and G. N. Dikshit, for the appellants.
section P. Sinha and B. R. L. Iyengar, for the respondent.
July 28.
The Judgm... | The United Provinces Agricultural Income tax Act, 1949, authorised imposition of a tax on agricultural income within the State, and the agricultural income tax and super tax were charged on the total agricultural income of the previous year of the assessee.
For the purposes of the Act the Collector and the Assistant Co... |
Appeal No. 216 of 1954.
Appeal from the judgment and decree dated September 26,1946, of the former Chief Court of Avadh at Lucknow, in First Appeal No. 7 of 1940.
Naunit Lal, for the appellant.
section N. Andley, Rameshwar Nath, J. B. Dadachanji and P. L. Vohra, for respondent No. 1. 1960.
August 5.
The Judgment of the... | N borrowed rupees one lakh from D on mortgage of a house and Zamindari interest on March 1, 1924.
Interest was 8% per annum compoundable with six monthly rests.
In 1932 the mortgagee filed a suit on the mortgage and a decree was passed for the recovery of Rs. 1,83,781/5/9 principal and interest upto the date of the sui... |
Appeal No. 9 of 1958.
Appeal by special leave from the judgment and order dated February 24, 1955, of the former Bombay High Court in Income tax Reference No. 50/X of 1954.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
R. J. Kolah, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the r... | A Swedish company manufacturing ball bearing equipment entered into an agreement with the respondent, section K. F. Ball Bearing Co. Ltd. registered under the Indian Companies Act, 1913, appointing the latter as its sole selling agent in India.
The material portion of the Agreement ran thus: " Clause 23: The Agent shal... |
Appeal No. 38 of 1959.
Appeal by special leave from the judgment and order dated April 2, 1956, of the Madras High Court in Writ Petition No. 313 of 1954.
R. Ganapathy Iyer and T. M. Sen, for the appellants.
C. K. Daphtary, Solicitor General of India and S.Venkatakrishnan, for the respondents.
A. V. Viswanatha Sastri a... | The respondent, a firm carrying on tannery business, used to take out licences under the provisions of the Madras General Sales Tax Act, 1939, but did not renew the licence for the assessment year, 952 1953, and was assessed to sales tax on the sale value of tanned hides and skins during the year.
It challenged the val... |
Appeal No. 231 of 1956.
Appeal from the judgment and order dated September 11, 1953, of the Rajasthan High Court (Jaipur Bench) at Jaipur in Writ Application No. 141 of 1952.
M. section K. Sastri and T. M. Sen, for the appellants.
The respondent did not appear.
August 18.
The Judgment of the Court was delivered by RAJA... | By para 4 of a notification issued under section 15 of the Police Act the Rajasthan Government exempted the Harijan and Muslim inhabitants of certain villages from payment of the cost of additional police force stationed therein.
The notification was challenged as being violative of the guarantee contained in article 1... |
No. 136 of 1957.
Writ Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
193 Purshottam Tricumdas, Mukund R. Mody, Anil B. Divan, Ramesh A. Shroff and I. N. Shroff, for the petitioner.
C. K. Daphtary, Solicitor General of India, R. Ganapathy Iyer and R. H. Dhebar, for responde... | The , was enacted with the object of preventing undesirable transactions in securities by regulating the stock exchange business, and the Act conferred an effective controlling power on the Central Government over the stock exchange.
In exercise of the power conferred on the Central Government to make rules the Central... |
Appeal No. 131 of 1956.
Appeal from the judgment and decree dated February 4, 1954, of the Allahabad High Court in Civil Misc.
Writ No. 7976 of 1951.
H. N. Sanyal, Additional Solicitor General of India and C. P. Lal, for the appellants.
363 V. M. Limaye, Mrs. E. Udayaratnam and section section Shukla, for the responden... | The property of the respondent was acquired under the U. P. Land Acquisition (Rehabilitation of Refugees) Act, 1948.
The respondent challenged the constitutionality of the Act by way of a writ petition and though the High Court dismissed the petition it held that the two provisos to s.11 of the Act were invalid as they... |
os. 246 of 1956 and 2 of 1959 (Under Article 32 of the Constitution of India for enforcement of Fundamental Rights) with C. As.
126 to 128 of 1958.
August 16, 17.
N. C. Chatterjee, with N. C. Chakravarti, Dipti Bose and section C. Mazumdar for the petitioners in Petition No. 246 of 1956 and with P. Chaudhuri, D. N. Muk... | The Assam Taxation (on goods carried by Roads and Inland Waterways) Act, 1954, was passed under Entry 56 of List II of Seventh Schedule to the Constitution.
The appellants contended that the Act violated the freedom of trade guaranteed by article 301 Of the Constitution and as it was not passed after obtaining the prev... |
Appeals Nos. 147 & 148 of 1955.
Appeals from the judgment and order dated September 30, 1953, of the former Bombay High Court in Special Civil Applications Nos. 1008 and 1611 of 1953.
V. M. Limaye, Mrs. E. Udayaratnam and section section Shukla, for the appellants (in both the appeals).
H. N. Sanyal, Additional Solicit... | Section 6(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom.
LXVII of 1948), provided that the maximum rent payable by a tenant shall not in the case of irrigated land exceed one fourth and in the case of any other land exceed one third of the crop of such land or its value as determined by the prescribed ... |
123 to 125 of 1957 and 118 of 1959.
Petitions under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
N. C. Chatterjee and section C. Mazumdar, for the petitioners (In Petns.
Nos. 123 to 125 of 1957).
A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopalakrishnan, for the petitioners (In ... | In pursuance of an agreement dated October 21, 954, entered into between the Government of India and the Government of France whereby there was a de facto transfer of the administration of Pondicherry and other French Settlements to the Government of India as and from November 1, 1954, a notification dated October 30, ... |
134 of 1959.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights.
J. C. Bhatt, R. Ganapathy Iyer and G. Gopalakrishnan, for the petitioner.
N. section Bindra, R. H. Dhebar and T. M. Sen, for respondents Nos. 1 and 2.
section K. Kapur, P. M. Mukhi and B. P. Maheshwari, for respon... | By a notification under section 4 of the Land Acquisition Act, 1894, the State of Bombay (now Maharashtra) sought to acquire certain lands, including those of the petitioner, which were likely to be needed by a company, manufacturing steel bars and rods, for its factory and buildings and appointed a Special Land Acquis... |
minal Appeal No. 158 of 1956.
Appeal by special leave from the judgment and order dated February 9, 1955, of the Calcutta High Court in Criminal Revision No. 282 of 1954, arising out of the judgment and order dated December 15, 1953, of the Second Municipal Magistrate, Calcutta, in Case No. 2629C of 1952.
Feb. 8, 9, 10... | The appellant was using certain premises in Calcutta for storing rice flour, etc.
without taking out any license under section 386(1)(a) of the Calcutta Municipal Act, 1923.
The respondent filed a complaint against the appellant for a contravention of section 386(1)(a).
The trial Magistrate acquitted the appellant hold... |
Appeal No. 26 of 1956.
Appeal by Special Leave from the Judgment and Order dated the 22nd April, 1954, of the Rajasthan High Court in Writ Petition No. 76 of 1951.
N. C. Chatterjee, J. B. Dadachanji and M. section K. Aiyangar, for the appellants.
K. N. Rajagopal Sastri and D. Gupta, for the respondents.
August 31.
The ... | The appellant, a private limited company, was incorporated in 1954 in the former Kotah State which had integrated with the United States of Rajasthan in 1949.
The United States of Rajasthan became State of Rajasthan, a Part B State.
The Indian Finance Act, 1950, made the Indian Income tax Act, 1922, applicable to Part ... |
Appeal No. 231/1955.
Appeal from the Judgment and Decree dated February 16, 1954, of the Patna High Court in Title Suit No. 105/1953.
446 N. C. Chatterjee, Sanjeev Choudhuri and Ganpat Rai, for the appellant.
C. K. Daphtary, Solicitor General of India, P. K. Chatterjee and T. M. Sen, for respondent No. 1.
* Lal Narayan... | The appellant, a limited company, which was the lessee of a mining lease granted a sub lease in respect of two of the villages comprised in its grant.
The secretary and two of the directors of the company were prosecuted for having contravened the provisions of the Mines and Minerals (Regulation & Development) Act, 194... |
Appeal No. 212/55.
Appeal from the Judgment and Decree dated July 7, 1953, of the Calcutta High Court in Appeal from Original Order No. 157 of 1952, arising out of the Judgment and Decree dated March 28, 1952, of the said High Court in Civil Rule No. 1409 of 1951.
B. Sen and P. K. Bose for the appellants.
P. K. Ghosh f... | By a notification under section 4 of the West Bengal Land Deve lopment and Planning Act, 1948, the Government declared that certain plots of land belonging to the respondent were needed for the settlement of immigrants from East Pakistan and for improving living conditions in the locality.
Thereafter a second notificat... |
Appeal No. 247 of 1960.
Appeal from the judgment and order dated October 3, 1958, of the Punjab High Court in First Appeal from Order No. 131 of 1958.
A.V. Viswanatha Sastri and Naunit Lal, for the appellant.
U.M. Trivedi and Ganpat Rai, for the respondent.
September 7.
The Judgment of the Court was delivered by DAS GU... | The respondent was the successful candidate at the general election held in March, 1957, for the Punjab Legislative Assembly.
The appellant who was one of the unsuccessful candidates, filed an election petition and challenged the validity of the respondent 's election on the grounds, inter alia, that the latter was not... |
67/1960.
Petition under Article 32 of the Constitution of India for enforcement of fundamental rights.
633 A. V. Viswanatha Sastri and B. B. L. Iyengar, for the petitioners.
C. K. Daphtary, Solicitor General of India, R. Ganapathy Iyer and R. H. Dhebar, for the respondents.
September 8.
The Judgment of the Court was de... | As the petitioner 's stage carriage permits were to expire on December 31, 1959, it made applications for a renewal of them 81 632 on August 24, 1959.
on December 29, 1959, temporary permits were granted to the petitioner for one month and thereafter for another, made available up to March 31, 196o.
The matter was adjo... |
Appeals Nos.
401 to 403 of 1960.
Appeals by special leave from the judgment and orders dated March: 1, 1960, of the Punjab High Court 601 (Circuit Bench) at Delhi in Civil Revision Cases Nos.
166 D, 167 D and 168 D of 1958.
A. V. Viswanatha Sastri, section section Chadha and R. section Narula, for the appellants (in al... | Three separate suits for eviction by the appellant were brought against the three respondents within the framework of the Delhi & Ajmer Rent Control Act and were based on the provisions of section 13(g) for the bona fide requirements of rebuilding.
Terms of compromise which were substantially in accordance with the pro... |
Appeal No. 61/1959.
Appeal by special leave from the judgment and order dated December 4, 1957, of the Orissa High Court in O.J.C. No. 449 of 1956.
607 C. K. Daphtary, Solicitor General of India, D. N. Mukherjee and T. M. Sen, for the appellants.
The respondent did not appear.
September 8.
The Judgment of the Court was... | The respondent was appointed a Sub Inspector on probation in the Orissa Police Force.
A notice was served on him to show cause why he should not be discharged from service " for gross neglect of duties and unsatisfactory work ".
He submitted his explanation and asked for opportunity to cross examine certain witnesses.
... |
Appeal No. 317 of 1955.
Appeal by special leave from the judgment and order dated October 18, 1952, of the Income tax Appellate Tribunal, Calcutta Bench, in Income tax Appeal No. 807/1950 51.
A. V. Viswanatha Sastri and section C. Mazumdar, for the appellant.
62 484 C. K. Daphtary, Solicitor General of India, K. N. Raj... | The appellant, at the time a resident of Lahore, was asses sed to income tax on an income of Rs. 49,047 for the assessment year 1944 45 by the Income tax Officer, Lahore.
After the partition in 1947 he shifted to Delhi and resided there.
He was one of the three share holders of a company called Indra Singh and Sons Ltd... |
Appeal No. 407 of 1956.
Appeal from the judgment and order dated February 14, 1956, of the former Judicial Commissioner 's Court, Bhopal, in Misc.
Civil Case No. 24 of 1955.
Sanat P. Mehta and section N. Andley, for the appellant.
K. N. Rajagopal Sastri and D. Gupta, for the respondent.
September 2.
The Judgment of the... | The Income tax Appellate Tribunal in the exercise of its appellate jurisdiction gave certain directions to the respondent, an Income tax Officer, in connection with the ascertainment of the market value of sugarcane grown by the appellant at their farm and used by them for the manufacture of sugar.
The appellant asked ... |
iminal Misc.
No. 320/60.
Application for exemption from compliance with the requirements of Rule 5 of Order XXI, Supreme Court Rules, 1950 (as amended).
July 18, 19, 20 21, 22.
section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the petitioner.
H.M. Seervai, Advocate General for the State of Bombay... | The petitioner was Second in Command of 1.
N. section Mysore which came to Bombay in the beginning of March, 1959.
Soon thereafter he was arrested on a charge of murder under section 302 of the 'Indian Penal Code and was placed, and continued to remain, in naval custody all along during his trial.
In due course he was ... |
s Nos. 76, 217 to 228 of 1960.
Petitions under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
A. V. Viswanatha Sastri and T. V. R. Tatachari, for the petitioners (In petitions Nos. 76, 87, 93 104 and 217 228 of 1960).
T. V. R. Tatachari, for the petitioners (In petitions Nos. 72 and 229 ... | These petitions by certain stage carriage permit holders for appropriate writs quashing seven schemes for nationalisation of road transport services in West Godavari District, approved and enforced from different dates by the Government of Andhra Pradesh, called in question the constitutional validity of Ch.
IVA of the... |
Appeal No. 304/56.
Appeal by special leave from the judgment and order dated July 19, 1954, of the former Travancore.
Cochin High Court in Income tax Reference No. 5 of 1952.
A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellant.
K. N. Rajagopal Sastri and D. Gupta, for the respondent.
Sep... | The State of Travancore Cochin merged with Indian Union on March 7, 1949, but the Travancore Income tax Regulation, VIII of 1096 (Malayalam Era) and the Travancore Taxation on Income (Investigation Commission) Act, II24 (Malayalam Era), continued to apply to that area not withstanding the merger.
On August 6, 1949, the... |
Appeal No. 302 of 1955.
Appeal by special leave from the judgment and order dated April 3, 1954, of the Mysore High Court in Regular Appeal No. 195 of 1951 52.
S.A. Gopala Rao and B. R. L. Iyengar, for the appellants.
Mirle N. Lakshminaranappa, P. Ram Reddy, R. Thiagarajan and C. V. L. Narayan, for the respondent.
Sept... | The appellants in execution of a decree passed in their favour for possession over a house obtained possession thereof on July 22, 1951.
The order for delivery of possession was made without notice to and in the absence of the respondent.
The respondent made an application in the Executing Court under sections 47, 144 ... |
Appeal No. 123/55 669 Appeal by special leave from the judgment and order dated November 12, 1951, of the Punjab High Court in Writ Petition No. 116 of 1951.
N. C. Chatterjee, section N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellants.
section M. Sikri, Advocate General for the State of Punjab, N. secti... | The appellants, who were carrying on the business of com mission agents in forward contracts, filed a petition before the High Court of Punjab under article 226 of the Constitution of India challenging the validity of the Punjab Forward Contracts Tax Act, 1951, on the ground that it was ultra vires the powers conferred... |
In the matter of maintainability of appeal in the Supreme Court of India.
Mohan Lal Agarwala, for the petitioner.
G. C. Mathur and C. P. Lal, for the respondent No. 1. 1960.
September 14.
The Judgment of the Court was delivered by RAGHUBAR DAYAL J.
Narain Das filed a civil writ petition under article 226 of the Constit... | During the pendency of a civil writ petition in the Allahabad High Court, one N moved an application under section 476, Code of criminal Procedure, for making a complaint under section 93, Indian Penal Code, against T. A single judge who was seized of the case rejected the application.
Thereupon N presented an appeal a... |
Appeal No. 268 of 1959.
419 Appeal from the judgment and decree dated September 3, 1958, of the former Bombay High Court in Appeal No. 28/1958.
A. V. Viswanatha Sastri, Ganpat Rai and I. N. Shroff, for the appellant.
M. C. Setalvad, Attorney General for India, B. Sen and T. M. Sen, for the respondents.
August 31.
The J... | On November 15, 1954, the Registrar wrote to the company of which the appellant was the Managing Agent under section 137, Indian Companies Act, 1913, that it had been represented to him that the business of the company was carried on in fraud and called upon it to furnish certain information.
On April 15, 1955, the Reg... |
Appeal No. 58 of 1958.
Appeal from the Judgment and decree dated April 5, 1955, of the Calcutta High Court in Appeal from Original Order No. 206 of 1953, arising out of the judgment and order dated May 20, 1953, of the Fourth Additional Sub Judge, 24 Paris at Alipore in Misc.
Case No. 15 of 1951.
C. K. Daphtary, Solici... | The appellant decree holders in an execution proceeding accepted delivery of possession and granted a receipt to the Nazir of the Court acknowledging full delivery of possession to them but allowed the respondents, Bengal Breweries, to remain in possession with their permission.
The appellant also permitted the executi... |
125 of 1959.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
G.S. Pathak, A. P. Sen and J. B. Dadachanji, for the Petitioners.
H. J. Umrigar and T. M. Sen, for the Respondents.
September 20.
The Judgment of the Court was delivered by DAs GUPTA J.
In this petition under arti... | The petitioner Company carrying on the business of manu facturing bidis and having its head office at Jabalpur in the State of Madhya Pradesh made certain purchases of tobacco in the State of Bombay.
The Sales Tax Officer assessed the petitioner to a purchase tax under the provisions of the Bombay Sales Tax Act, 1953.
... |
Appeal No. 24 of 1956.
Appeal by special leave from the judgment and order dated March 31, 1954, of the former Madhya Bharat High Court in Civil Revision No. 183 of 1952.
I. M. Lal and A. G. Ratnaparkhi, for the appellant.
Rameshwar Nath and section N. Andley, for the respondent.
September 12.
The Judgment of the Court... | The appellant, after due notice to the respondent, had filed a suit for fixation of rent under the provisions of the Accommodation Control Ordinance Madhya Bharat.
In the meantime the Accommodation Control Act (M. P. 15 of 1950) came into force and the plaint filed by the appellant was returned.
The appellant without s... |
Appeal No. 394 of 1960.
Appeal from the judgment and order dated April 19, 1960, of the Assam High Court in Civil Rule No. 69/1959.
C.K. Daphtary, Solicitor General of India, A. V. Viswanatha Sastri, Narendra Kumar Lahiri and R. Gopalakrishnan, for the appellant.
N.C. Chatterjee and D. N. Mukherjee, for respondent No. ... | The respondent was Siem of Mylliem siemship in United Khasi and jaintia Hills District in the Tribal Areas of Assam, having been elected as such by the Myntri electors according to custom in 1951.
In June, 1952, a District Council was constituted for the District under the Sixth Schedule to the Constitution and the sie... |
Appeal No. 107 of 1956.
Appeal by special leave from the judgment and order dated January 21, 1954, of the Madras High Court in W. P. No. 498 of 1952.
With Petition No. 130 of 1958.
Petition under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
M.R. M. Abdul Karim and K. R. Choudhri, ... | The firm consisting of the appellant and another, carrying on managing agency business, was on March 31, 1951, assessed to excess profits tax for the year 1942 and the broken period from January, 1943 to March 4, 1943.
The prescribed notices were served not on the appellant but on the other partner who, under the terms... |
Appeal No. 83 of 1956.
Appeal from the judgment and order dated June 30, 1954, of the Patna High Court in Appeal from Original Order No. 255 of 1952.
Lal Narayan Sinha and section P. Varma, for the appellant.
A. V. Viswanatha Sastri, B. K. Saran, D. P. Singh and K. L. Mehta, for the respondent.
September 20.
The Judgme... | The respondent sued the State of Bihar for a declaration that the Bihar Land Reforms Act, 1950, was ultra vires, void and unconstitutional and for a permanent injunction restraining the State and its officers or agents from issuing any notification thereunder in respect of her estate or taking possession thereof and on... |
Civil Appeal No. 183 of 1956.
Appeal from the judgment and order dated September 11, 1953, of the Bombay High Court, in Income tax Reference No. 23 of 1953.
A. V. Viswanatha Sastri, section, N. Andley and J. B. Dadachanji, for the appellants.
M. C. Setalvad, Attorney General for India, K. N. Rajagopal Sastri, and D. Gu... | Under an agreement dated December 8, 1933, the appellant firm was appointed managing agent of a limited company for a period of thirty years from November 9, 1933.
Clause 2 of the agreement provided for the remuneration of the managing agent.
Some of the shareholders and directors of the company having felt that the sc... |
Appeals Nos. 307 to 309 of 1958.
Appeals from the judgment and order dated August 1, 1956, of the Orissa High Court in O. J. C. Nos. 16, 19, 137 and 61 of 1954.
C.B. Aggarwala and P. C. Aggarwala, for the appellant (In C. As.
307 to 309 of 58).
N.C. Chatterjee, J. H. Umrigar and T. M. Sen, for the respondents (In all t... | On December 15, 1947, the Ruler of the erstwhile State of Sonepur, the appellant, executed a merger agreement whereby the Government of India acquired full sovereign rights over the territory of the State, but ownership and full enjoyment of private properties belonging to the appellant and the personal rights, privile... |
l Appeals Nos. 273 and 274 of 1955.
Appeals from the judgment and order dated December 10, 1954, of the Patna High Court in Appeals from Original Decree Nos. 309 and 310 of 1954.
L. K. Jha, J. C. Sinha, section Mustafi and R. R. Biswas, for the appellants.
Lal Narayan Sinha, Bajrang Sahai and R. C. Prasad, for the resp... | The appellants were holders of ghatwali tenure called Rohini and Pathrole ghatwalis and were governed by Bengal Regulation XXIX of 1814.
The Bihar Land Reforms Act, 1950, was enacted by the Bihar State Legislature and came into force on September 25, 1950.
In suits instituted by the appellants the question was raised a... |
Appeal No. 24 of 1958.
Appeal by special leave from the judgment and order dated October 4, 1956, of the former Bombay High Court in I.T.A. No. 49 of 1956.
R.J. Kolah, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
K.N. Rajagopal Sastri and D. Gupta, for the respondent.
Septembe... | The appellant encashed high denomination currency notes of the value of Rs. 87,5oo and was called upon by the Incometax Officer to submit a return for the relevant year.
The appellant made three statements, discrepant in material particulars, at different stages as to how he received the amount.
The Income tax Officer ... |
iminal Appeals Nos.
93 & 94/1958.
Appeals by special leave from the judgment and order dated April 9, 1956, of the former Bombay High Court in Criminal Appeals Nos. 419 and 420 of 1956, arising out of the judgment and order dated October 15, 1955, of the Chief Presidency Magistrate, Bombay, in Cases Nos. 370/S and 371/... | The respondents, directors of a company, were prosecuted under sections 32(5) and 133(3) of the Companies Act, 1913, for breaches Of sections 32 and :131 of that Act for having knowingly and wilfully authorised the failure to file the summary of share capital for the year 1953 and being knowingly and wilfully parties t... |
Criminal Appeal No. 149/1958.
Appeal from the judgment and order dated October 27, 1958, of the Allahabad High Court in Criminal Appeal No. 1154 of 1956.
N. C. Chatterjee and R. L. Kohli, for the appellant.
G. C. Mathur and C. P. Lal, for the respondent.
September 27.
The Judgment of the Court was delivered by RAGHUBAR... | A Munsif appointed one R as a commissioner for seizing the account books of the plaintiff in a suit and to produce them before him.
R seized the account books, and while they were still in his possession the appellants offered a bribe to R for being allowed to tamper with them.
The appellants were tried and convicted u... |
Appeal No. 271 of 1956.
Appeal from the judgment and order dated August 2, 1955, of the former Nagpur High Court in Misc.
Petition No. 249 of 1955.
M. Adhikari, Advocate General for the State of Madhya Pradesh, B. K. B. Naidu and I. N. Shroff, for the appellants.
R. Patnaik, for the respondent.
October 3.
This appeal w... | By an order passed under section 4 A of the Central Provinces and Berar Goondas Act, 1946 (X of 1946), as amended by the Madhya Pradesh Act XLIX of 950, the State of Madhya Pradesh directed the respondent to leave the district of Chhindwara, which had been specified as a proclaimed area under the Act, and the District ... |
Appeal No. 84 of 1954.
Appeal from the judgment and order dated September 1, 1954, of the former Madhya Bharat High Court in Civil Misc.
Case No. 11 of 1952.
B. Sen, P. V. Sahasrabudhe, B. K. B. Naidu and I. N. Shroff, for the appellant.
M. Adhikari, Advocate General for the State of Madhya Pradesh, H. J. Umrigar and R... | The appellant was the recipient of a hereditary military pension called Bachat granted by the Rulers of Gwalior to his ancestors in recognition of military service.
The right to receive the said pension was recognised by the Kalambandis of 1912 and 1935 issued by the said Rulers.
When Gwalior integrated with Indore and... |
Appeal No. 6 of 1959.
Appeal by special leave from the judgment and order dated March 5, 1957, of the Bombay High Court in Special Civil Application No. 3255 of 1956.
Dhan Prasad Balkrishna Padhye and P. K. Chatterjee, for the appellant.
H. N. Sanyal, Additional Solicitor General of India, N. P. Nathwani, K. N. Hathi a... | The appellant was the holder of a personal inam which he had purchased from the original inamdar to whom a Sanad had been issued under Bombay Act No. VII of 1863.
He was paying Rs. 7 as salami and Rs. 6 3 0 as quit rent, the full assessment of the land being Rs. 56 8 0.
The land which formed part of the inam was origin... |
Appeal No. 153 of 1956.
Appeal from the judgment and order dated November 3, 1954, of the Punjab High Court in Civil Writ No. 253 D of 1954.
Veda Vyasa, section K. Kapur, K. K. Jain and Ganpat Rai, for the appellant.
H. N. Sanyal, Additional Solicitor General of India, H. R. Khanna and T. M. Sen, for the respondents.
9... | The appellants house was searched on June 22, 1951, by the Customs authorities and ten articles were recovered therefrom.
In the inquiry before the Collector the appellant stated that the first five articles had been brought by him in 1947 from Pakistan after partition and that with respect to the other five articles h... |
iminal Appeal No. 83 of 1959.
Appeal from the judgment and order dated July 25, 1958, of the Patna High Court in Criminal Revisions Nos. 593 and 594 of 1958 arising out of the judgment and order dated March 3, 1958, of the Additional Sessions Judge, Monghyr, in Criminal Appeal No. 286 of 1956.
D. P. Singh and R. H. Dhe... | A settlement was arrived at between the management of Mankatha Distillery and the workmen 's union before the con ciliation officer.
The Union was not registered under the Indian Trade Unions Act on the date of the said settlement.
The terms of the settlement not having been carried out by the management the respondent... |
l Appeals Nos. 178 and 179 of 1960.
Appeals by Special Leave from the Judgment and Decree dated the 18th December, 1958, of the Calcutta High Court in Appeals from Original Orders Nos. 108 and 138 of 1957 respectively.
B. R. L. Iyengar for the Appellants (In both the appeals.) N. C. Chatterjee and D. N. Mukherjee for t... | The respondent a firm carrying on business in Singapore filed a plaint in the firm name against the appellants for the breach of contract.
The plaint had been signed and verified on behalf of the firm by one 'D ' on a power of attorney executed by one of the partners only.
After about, 6 years the respondents made an a... |
Appeal No. 196 of 1958.
Appeal by special leave from the judgment and order dated April 27, 1953, of the Assam High Court in Civil Rule No. 66 of 1953.
Sukumar Mitter and Sukumar Ghose, for the appel.
Veda Vyasa and Naunit Lal, for the respondents.
October 18.
The Judgment of the Court was delivered by SHAH J.
The appe... | The appellants who were dealers registered under the Assam Sales Tax Act, 1947, submitted a return of their turnover for the account period April 1, 1948 to September 30, 1948, which included sales in Assam of all goods other than jute.
The Superintendent of Taxes, however, summarily assessed the appellants under sub s... |
Appeal No. 408 of 1957.
Appeal by Special Leave from the Judgment and Order dated the 28th September, 1955, of the former Bombay High Court in Income tax Reference No. 5 of 1955.
Sanat P. Mehta, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
A. N. Kripal, R. H. Dhebar and D. Gup... | The appellant, a non resident for the purposes of the Indian Income tax Act, did not submit returns of certain dividend income accruing to him within the taxable territory.
The Income tax Officer served upon him notices under section 34 read with section 22(2) of the Act for assessment of tax in respect of those years.... |
Appeal No. 498 of 1958.
Appeal from the judgment and order dated February 11, 1955, of the Andhra Pradesh High Court in T. R. C. No. 120 of 1953 arising out of the judgment and order dated December 29, 1952, of the Sales Tax Tribunal, Madras, in Tribunal Appeal No. 857 of 1951.
A. V. Viswanatha Sastri, M. Ranganatha Sa... | The appellant purchased groundnuts out of which it manu factured groundnut oil ; it also refined the oil and hydrogenated it converting it into Vanaspati.
It sold the oil in all the three states.
Under the Madras General Sales Tax Act, 1939, and the Turnover and Assessment Rules, for determining the taxable turnover th... |
Appeal No. 277 of 1955.
Appeal from the judgment and order dated April 27, 1954, of the Rajasthan High Court in Civil Mis.
Writ No. 1/1954.
N. C. Chatterjee, Suresh Agarwal and Ganpat Rai, for the appellant.
R.K. Rastogi and K. L. Mehta, for the respondents.
October 19.
The Judgment of the Court was delivered by IMAM J... | The Marwar Tenancy Act, 1949, now repealed but which was in force in the State of jodhpur at the relevant period, by section 85 authorised the Government in case of any general refusal by tenants to pay rent to declare by notification that such rents might be recovered as arrears of land revenue.
A notification having ... |
minal Appeal No. 130 of 1960.
Appeal by special leave from the judgment and order dated April 28, 1960, of the Allahabad High Court in Criminal Revision No. 1865 of 1959.
N. C. Chatterjee, D. P. Singh, T. section Venkataraman, R. K. Garg, section C. Agarwal and M. K. Ramamurthi, for the appellants.
G. section Pathak, O... | The Public Prosecutor, Kanpur, filed a complaint in the Court of Session, Kanpur, charging the appellants with having published a news item which was false and defamatory of the Chief Minister of Uttar Pradesh.
The complaint complied with the requirements of section 198 B, Code of Criminal Procedure.
The appellants con... |
Appeal No. 755 of 1957.
Appeal by special leave from the judgment and order dated March 23, 1955, of the former Nagpur High Court in Misc.
Civil Case No. 240 of 1953.
10 K. N. Rajagopal Sastri, R. H. Dhebar and D. Gupta, for the appellant.
Veda Vyasa, section N. Andley, J. B. Dadachanji,_ Rameshwar Nath and P. L. Vohra... | Respondent, a non resident company, in the accounting year supplied goods which were sent F. O. R. Bhopal to the buyers in British India.
The railway receipts were handed over to a Bank in Bhopal with instructions to hand over the railway receipts to the buyers, who were named as consignees, only on receipt of payment ... |
Appeal No. 375 of 1959.
Appeal from the Judgment and Order dated the 12th August, 1958, of the Assam High Court in First Appeal No. 11 of 1958.
L. K. Jha and Sukumar Ghose, for appellants Nos. 1 to 3.
G. section Pathak and Naunit Lal, for respondents Nos. 1 and 2. 1960.
October 27.
The Judgment of the Court was deliver... | The appellant 's nomination paper for election to the Assam Legislative Assembly was rejected by the Returning Officer on the ground of disqualification under section 7(b) of the Representation of the People Act, 195, in that he had been convicted and sentenced to three years ' rigorous imprisonment under section 4(b) ... |
Appeal No. 372 of 1956.
Appeal from the judgment and order dated January 18, 1956, of the Allahabad High Court in Special Appeal No. 43 of 1955.
G. C. Mathur, for the appellant.
G. P. Singh and K. P. Gupta, for the respondent.
section P. Sinha and P. C. Agarwala, for Intervener No. 1.
Radheylal Agarwala and P.C. Agarwa... | The appellant framed bye laws for the regulation and control of flour, rice and oil mills under which a licence had to be obtained on payment of licence fee for running a mill.
The bye laws were framed under section 174 of the U. P. District Boards Act, 1922.
The respondent contended that the bye laws were ultra vires ... |
44 of 1958.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
Naunit Lal and Gopal Singh, for the petitioners.
H. N. Sanyal, Additional Solicitor General of India, N. section Bindra, K. R. Choudhri and R. H. Dhebar, for the respondent.
October 27.
The petitioners have moved t... | The petitioners who were displaced persons from West Pakistan put forward certain claims in regard to village houses which they had left there, but which were rejected by the Rehabilitation authorities.
The claims were for amounts above Rs. 20,000 in the case of some of the petitioners and above Rs. 10,000 in the case ... |
Appeal No. 357 of 1958.
Appeal from the judgment and order dated April 24, 1957, of the Patna High Court in Misc.
Judicial Case No. 57 of 1955.
A. V. Viswanatha Sastri and I. N. Shroff, for the appellant.
K. N. Rajagopal Sastri and R. H. Dhebar, for the respondent.
October 25.
The Judgment of the Court was delivered by... | The appellant executed a deed of trust settling some of his lands for the maintenance of certain temples and Thakoorbaries.
He was to be the trustee of the institutions and was to get 15% of the net income of those lands as trustee 's remuneration.
Before the income tax authorities the appellant claimed that as the inc... |
, Appeals Nos. 202 and 203 of 1958.
Appeals from the judgment and decree dated October 5, 1956, of the Patna High Court in Misc.
Judicial Cases Nos. 330 and 331 of 1955.
K. D. Chatterjee, section N. Andley and J. B. Dadachanji, for the appellants.
D. P. Singh, for the respondents.
October 26.
The Judgment of the Court ... | The appellants who were manufacturers of cigarettes and tobacco in the State of Bihar contested the levy of sales tax on sales effected by them during the financial years 1949 5o and 1950 51 on the ground that as a direct result of every sale effected by them the goods concerned were delivered outside the State of Biha... |
Appeal No. 287 of 1958.
Appeal from the Judgment and Order dated the 10th September, 1956, of the former Travancore Cochin in Original Petition No. 191 of 1955.
Sardar Bahadur, for the Appellants.
K. P. Abraham, P. George, and M.R. Krishna Pillai, for the Respondent. 1960.
October 31.
The Judgment of the Court was deli... | The respondent stocked 'bunker coal ' at Candle Island in the State of Madras.
They sold the coal to steamers calling at the port of Cochin in the State of Travancore Cochin and delivered it there.
The respondent was assessed to sales tax on such sales for the year 1951 52 and 1952 53.
, The respondent contended that n... |
59 of 1960.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
A. section R. Chari, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the Petitioners.
section M. Sikri, Advocate General for the State of Punjab, H. section Doabia, Additional Advocate Gene... | One S sent a complaint against the first petitioner to the Chief Minister who sent it to the Additional Inspector General of Police who in his turn sent it to the Deputy Superintendent of Police C.I.D., with the endorsement " Register a case and investigate personally ".
The Deputy Superintendent of Police drew up a fi... |
Appeal No. 280 of 1959.
Appeal by special leave from the judgment and order dated the 22nd August, 1956, of the former Bombay High Court in Income tax Reference No. 17 of 1956.
B. Ganapathy Iyer and D. Gupta, for the Appellant.
Sanat P. Mehta, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the... | The National Syndicate, a Bombay firm, acquired on January 11, 1945, a tailoring business as a going concern for Rs. 89,321 which included the consideration paid for sewing machines and a motor lorry.
Soon after the purchase the respondent found it difficult to continue the business, therefore closed its business in Au... |
Appeal No. 197 of 1954.
Appeal from the Judgment and Order dated the 25th March, 1953, of the Calcutta High Court in Appeal from Original Order No. 54 of 1953.
Sachin Chaudhury, Sukumar Mitter, section N. Mukherjee and D. N. Ghosh, for the appellant.
244 K. N. Rajagopal Sastri and D. Gupta, for the respondents.
Novembe... | The appellant, a private limited company, was assessed to income tax for the assessment years 1942 43, 1943 44 and 1944 45 by three separate orders dated January 26, 1944, February 12, 1944, and February 15, 1945, under section 23(3) of the Indian Income Tax Act on returns filed by it with statements of account.
On Mar... |
Appeal No. 210 of 1959.
Appeal by special leave from the judgment and order dated January 16, 1958, of the Patna High Court in Mis.
Judicial case No. 156 of 1957.
B. C. Ghose and P. K. Chatterjee, for the Appellant.
section P. Varma, for Respondents Nos. 1 to 5.
R. C. Dutta, for Respondents Nos.
6 to 20. 1960.
November... | The appellant effected sales during the period 26 1 1950 to 31 3 1950, whereunder the property in the goods passed in the State of Bihar but delivery was effected outside Bihar for consumption outside Bihar.
In some of these sales the goods were delivered in the State of first destination for consumption therein whilst... |
Appeal No. 387 of 1960.
Appeal by special leave from the judgment and order dated February 12, 1960, of the Andhra Pradesh High Court, in Writ Petition No. 5 of 1960.
P. A. Choudhuri and K. R. Choudhuri, for the appellants.
P. Ram Reddy, for respondents Nos. 1, 2 and 6 to 11. 1960.
November 7.
The Judgment of Gajendrag... | The respondents were the elected members of the Vicarabad 296 Municipal Committee, constituted in 1953, under the Hydera bad Municipal and Town Committees Act, 1951 That Act was repealed by section 320 of the Hyderabad District Municipalities Act, 1956, which came into force in 1956.
That section provided that the comm... |
Appeal No. 790 of 1957.
Appeal from the judgment and decree dated February 10, 1954, of the Allahabad High Court in Civil Misc.
Writ No. 280 of 1950.
C. B. Aggarwala, G. C. Mathur and C. P. Lal, for the appellants.
G. section Pathak and D. N. Mukherjee, for the respondent No. 1. 1960.
November 11.
The Judgment of the C... | The Government of U. P. appointed a Court of enquiry under sections 6 and 10 of the United Provinces , and referred to it the present dispute.
The Court of enquiry submitted its report to the Government, whereupon the Government issued a notification in July, 1950, directing the various sugar factories to pay bonus to ... |
Criminal Appeal No. 173/1956.
Appeal from the judgment and order dated May 23, 1956, of the Punjab High Court in Criminal Revision No. 1058/1954.
K. L. Arora, for the appellant.
N. section Bindra and R. H. Dhebar, for the respondent.
November 11.
The Judgment of the Court was delivered by AYYANGAR J.
This appeal on a c... | The appellant who was a shopkeeper was convicted for the second time by the Additional District Magistrate for contravening the provisions of section 7(1) of the Punjab Trade Employees Act, 1940, under which he was required to keep his shop closed on the day which he had himself chosen as a " close day ".
He raised the... |
Appeal No. 5 of 1959.
Appeal from the judgment and order dated February 16, 1954, of the former Hyderabad High Court in Reference No. 347/B 5/2 of 1953 54.
C. K. Daphtary, Solicitor General of India, K. N. Rajagopala Sastri and D. Gupta, for the appellant.
Sanat P. Mehta and J. B. Dadachanji, for the respondent.
Novemb... | Prior to January 26, 1950, when the erstwhile State of Hyderabad merged in the Union of India and became a Part B State the respondent company was assessed to income tax under the Hyderabad Income tax Act, by which depreciation allowance was given to it on the basis of the written down value of its assets, such as buil... |
Appeal No. 429 of 1959.
Appeal by special leave from the judgment and order dated December 6, 1957 of the former Bombay Sales Tax Tribunal in Appeal No.6 of 1956.
C. K. Daphtary, Solicitor General of India, H. R. Khanna and R. H. Dhebar, for the appellant.
N. A. Palkhivala, section P. Mehta, J. B. Dadachanji, Rameshwar... | One Nanalal Karsandas, who was a brick manufacturer, held a priority certificate for purchasing coal under the Colliery Control Order and purchased a certain quantity of coal from M/s. section G. Rungta Colliery through the respondents who were commission agents.
The respondents applied to the Collector for determining... |
Appeal No. 761 of 1957.
Appeal by special leave from the judgment and order dated February 24, 1955, of the former Bombay High Court in I.T.R. 48/X of 1954.
Hardayal Hardy and D. Gupta, for the appellant.
N. A. Palkhivala and I. N. Shroff, for the respondent.
November 17.
The Judgment of the Court was delivered by SHAH... | The respondent company purchased certain machinery for Rs. 89,000 and sold it for the same value, but in the books of account the written down value of the machinery was shown in the year of account as Rs. 73,392.
The Income Tax Officer in computing the assessable income of the company added the difference, i.e. Rs. 15... |
Appeal No. 761 of 1957.
Appeal by special leave from the judgment and order dated February 24, 1955, of the former Bombay High Court in I.T.R. 48/X of 1954.
Hardayal Hardy and D. Gupta, for the appellant.
N. A. Palkhivala and I. N. Shroff, for the respondent.
November 17.
The Judgment of the Court was delivered by SHAH... | The respondent company purchased certain machinery for Rs. 89,000 and sold it for the same value, but in the books of account the written down value of the machinery was shown in the year of account as Rs. 73,392.
The Income Tax Officer in computing the assessable income of the company added the difference, i.e. Rs. 15... |
Appeal No. 53 of 1958.
Appeal by special leave from the Decision dated February 28, 1957, of the Labour Appellate Tribunal, Bombay, in Appeal No. 111 160 of 1956.
section P. Varma, for the appellants.
360 L. K. Jha, Janardan Sharma, R. C. Prasad and Maqbool Ahmad Khan, for the respondents.
November 14.
The Judgment of ... | While this appeal by special leave, relating to an industrial dispute was pending in this Court a Director of the appellant employer and a representative of the respondents employees made an application to the Court praying that an order might be passed in terms of a compromise since an agreement was alleged to have be... |
Appeal No. 4 of 1960.
Appeal by special leave from the Judgment and Order dated January 28, 1959 of the Punjab High Court in Letters Patent Appeal No. 52 of 1958 arising out of the Judgment and Order dated February 17, 1958 of the said High Court in Civil Writ Application No. 124 of 1957.
C. B. Aggarwala, Daya Swarup M... | The Punjab Government issued notification under sections 4 and 6 of the Land Acquisition Act, 1894, and started proceedings for acquisition of lands for the construction of a labour colony under the Government sponsored Housing Scheme for the workers of the Thapar Industrial Workers ' Co operative Hous ing Society Ltd.... |
Appeal No. 337 of 1960.
Appeal by special leave from the judgment and order dated January 19, 1960, of the Punjab High Court in Civil Revision No. 596 of 1959.
N. section Bindra and D. Gupta, for the appellant.
Gopal Singh, for the respondent.
H. M. Seervai, Advocate General for the State of Maharashtra and R. H. Dheba... | The respondent who was a District and Sessions Judge in the erstwhile State of Pepsu was removed from service on April 7, 1953 by an order passed by the President of India who was then in charge of the administration of the State.
A representation made by the respondent on May 18, 1955, was considered by the Council of... |
Appeal No. 388 of 1960.
Appeal by special leave from the judgment and order dated February 3, 1959, of the Patna High Court in Election Appeal No. 10 of 1958.
section P. Varma, for the appellant.
L. K. Jha and D. Govardhan, for respondent No. 1.
L. K. Jha and K. K. Sinha, for respondent No. 2. 1960.
November 17.
The Ju... | The appellant was a member of a joint Hindu family which carried on the business of Government stockists of grain under a contract with the Government of Bihar.
His nomination for election to the Bihar Legislative Assembly was rejected on the ground that he was disqualified under section 7(d) of the Representation of t... |
Appeal No. 198 of 1954.
Appeal from the judgment and order dated October 16, 1952, of the former Nagpur High Court in Misc. Petn.; No. 1231 of 1951.
M. section K. Sastri, for the appellant.
H. L. Khaskalam, B. K. B. Naidu and I. N. Shroff, for the respondent.
64 502 1960.
November 18.
The Judgment of the Court was deli... | The appellant was the Ruler of the State of Baster which was later integrated with the State of Madhya Pradesh.
He was recognised by the President as a Ruler under article 366(22) of the Constitution.
The respondent resumed certain lands belonging to the appellant under the Madhya Pradesh Abolition of Proprietary Right... |
Appeals Nos. 155 to 160 of 1956.
Appeals from the judgments and orders of the Bombay High Court dated July 6, 1954, in Special Civil Applications Nos. 393, 395, 409 and 632 of 1954; July 19, 1954, in Special Civil Application No. 1205 of 1954; and July 30, 1954, in Special Civil Application No. 1309 of 1954.
Purshottam... | The appellants held personal inams which were governed by Bombay Acts Nos.
II and VII of 1863 by virtue of which they held their lands on payment of land revenue which was less than the full assessment.
After.
coming into force of the Bombay Personal Inams Abolition Act, 1952, the appellants who were affected by it Cha... |
iminal Appeal No. 68 of 1958.
Appeal by special leave from the judgment and order dated July 11, 1957, of the Allahabad High Court (Lucknow Bench), Lucknow, in Criminal Appeal No. 515 of 1955, arising out of the judgment and order dated October 31, 1955, of the Special Judge, Anti corruption, Lucknow, in Criminal Case ... | The appellant, who was working as a Loco Foreman, was found to have accepted a sum of Rs. 375 from a Railway Contractor.
The appellant 's explanation was that he had borrowed the amount as he was in need of money for meeting the expenses of the clothing of his children who were studying in school, The Special judge acc... |
minal Appeal No. 124 of 1959.
Appeal by special leave from the judgment and order dated June 19 and 20, 1959, of the former Bombay High Court in Criminal Appeal No. 411 of 1959 arising out of the judgment and order dated March 17, 1959, of the Presidency Magistrate XX Court, Mazagaon, Bombay in Case Nos.
1952 54/P of 1... | During the search of the premises of the appellant No. 1 a complete working still was found which was being worked by the appellant No. 1 and his servant, appellant No. 2.
The presidency Magistrate was satisfied that a working still and 516 illicit liquor were found.
The appellant No. 1 was examined under section 342 o... |
Appeal No. 198 of 1954.
Appeal from the judgment and order dated October 16, 1952, of the former Nagpur High Court in Misc.
; No. 1231 of 1951.
M. section K. Sastri, for the appellant.
H. L. Khaskalam, B. K. B. Naidu and I. N. Shroff, for the respondent.
64 502 1960.
November 18.
The Judgment of the Court was delivered... | The appellant was the Ruler of the State of Baster which was later integrated with the State of Madhya Pradesh.
He was recognised by the President as a Ruler under article 366(22) of the Constitution.
The respondent resumed certain lands belonging to the appellant under the Madhya Pradesh Abolition of Proprietary Right... |
Appeal No. 285 of 1959.
Appeal by Special Leave from the Judgment and Decree dated the 13th July, 1956, of the Patna High Court in M. J. C. No. 404 of 1954.
M. C. Setalvad, Attorney General for India and section P. Varma, for the Appellants.
A. V. Viswanatha Sastri, Suresh Aggarwala and D. P. Singh, for the Respondent.... | The appellant Corporation was assessed to sales tax under section 13(5) of the Bihar Sales Tax Act, 1947, on the price of machinery and equipment, amounting approximately to Rs. 42,63,305, supplied to two contractor firms on the basis of an agreement which it entered into with them for the construction of a dam.
The ag... |
Appeal No. 353 of 1959.
Appeal from the judgment and order dated April 22, 1958, of the Punjab High Court (Circuit Bench) at Delhi in Civil Writ No. 257 D of 1957.
M. C. Setalvad, Attorney General of India, section N. Andley, J. B. Dadachanji Rameshwar Nath and P. L. Vohra, for the Appellant.
G. section Pathak, R. L. A... | One Sharda Singh, respondent, who was an employee of the appellant mills was dismissed for disobeying the orders of the managing authority.
He filed an application before the Industrial tribunal under section 33 A of the , contesting his dismissal on various grounds, whereupon the tribunal passed an order to the effect... |
87 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
M. P. Amin, Dara P. Mehta, P. M. Amin; section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra for the petitioners.
A. V. Viswanatha Sastri, R. Ganapathy Iyer, P. Kesava Pillai and T. M. Sen, for the re... | The petitioners challenged the constitutional validity of the Orissa Mining Areas Development Fund Act, 1952, which by section 3 empowered the State Government to constitute mining areas for the purpose of providing them with certain amenities after hearing objections from the lessees, by section 4 to impose and collec... |
Appeal No. 364 of 1957.
Appeal from the judgment and order dated February 22, 1956, of the former Bombay High Court in I.T.R. No. 31/1955.
N. A. Palkhivala and I. N. Shroff, for the Appellants.
A. N. Kripal and D. Gupta, for the Respondent. 1960.
November 22.
The Judgment of the Court was delivered by SHAH, J.
This is ... | The appellants were shareholders of a company known as Navjivan Mills Ltd. which held a large number of shares of the Bank of India.
The Bank with the object of increasing their share capital offered some more shares to the Mills for a price including premium which was about half the market value.
The Mills purchased a... |
Appeal No. 405 of 1957.
Appeal from the judgment and order dated May 15, 1956, of the Calcutta High Court in I.T.R. No. 20 of 1953.
section Mitra, B. Das and section N. Mukherjee, for appellants Nos. 2 to 41.
A. N. Kripal and D. Gupta, for the respondent.
November 23.
The Judgment of the Court was delivered by HIDAYATU... | By a notification dated November 2, 1864, a piece of land forming part of the Panchannagram Estate which was permanently settled under Regulation 1 of 1793, was acquired by the Government of Bengal at the instance of the justices of the Peace for the Town of Calcutta, which was a corporation established under the provi... |
Appeal No. 405 of 1957.
Appeal from the judgment and order dated May 15, 1956, of the Calcutta High Court in I.T.R. No. 20 of 1953.
section Mitra, B. Das and section N. Mukherjee, for appellants Nos. 2 to 41.
A. N. Kripal and D. Gupta, for the respondent.
November 23.
The Judgment of the Court was delivered by HIDAYATU... | By a notification dated November 2, 1864, a piece of land forming part of the Panchannagram Estate which was permanently settled under Regulation 1 of 1793, was acquired by the Government of Bengal at the instance of the justices of the Peace for the Town of Calcutta, which was a corporation established under the provi... |
minal Appeal No. 118 of 1959.
Appeal by special leave from the judgment and order dated July 2, 1957, of the Calcutta High Court in Criminal Appeal No. 101 of 1956 arising out of the judgment and order dated January 16, 1956, of the Second Court of the Municipal Magistrate, Calcutta, in case No. 208B of 1955.
C. B. Agg... | The first appellant No. 1 sent a consignment of mustard oil in a tank wagon from Firozabad, U. P. to itself at Calcutta where it took delivery of the wagon from the railway authorities.
The Food Inspector took samples of the oil from the wagon which on analysis were found to be adulterated.
The appellants were prosecut... |
Appeal No.110 of 1957.
Appeal by special leave from the judgment and order dated February 25, 1955, of the former Bombay High Court in I.T.R. No. 57/X of 1954.
N. A. Palkhivala and I. N. Shroff, for the Appellant.
A. N. Kripal and D. Gupta, for the Respondent.
November 24.
The Judgment of the Court was delivered by KAP... | The appellant firm imported dates from abroad partly by steamer and partly by country craft.
At the relevant time import of dates by steamers had been prohibited by Government (1) [1945] 1 3 I.T.R. Supp.
(2) ; 652 notification, and the consignments which were imported by steamer were, therefore, confiscated by the cust... |
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