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Appeals Nos. 181 to 184 of 1960.
Appeals.
from the judgment and order dated March 16, 1955, of the Madras High Court in Case Referred No. 43 of 1950.
A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellants.
Hardayal Hardy and D. Gupta, for the respondent.
1960, December 14.
The Judgment of ... | IN-Abs | Under an agreement dated July 11, 1945, the appellants were appointed managing agents of the Coimbatore Spinning and Weaving Co. Ltd., for 20 years, and certain remuneration was provided for them including 10% commission on the net profits of the company due and payable yearly immediately after the accounts of the comp... | <s>[INST] Summarize the following judgement: Appeals Nos. 181 to 184 of 1960.
Appeals.
from the judgment and order dated March 16, 1955, of the Madras High Court in Case Referred No. 43 of 1950.
A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellants.
Hardayal Hardy and D. Gupta, for the re... |
Appeal No. 73 of 1950.
Appeal from the Judgment and Decree dated the 26th January, 1944, of the High Court of Judicature at Patna (Fazl Ali C. J. and Chatterji J.) in Appeal from Original Decree No. 4 of 1941, arising out of Judgment and Decree dated the 20th September, 1940, of the Court of the Additional Subordinate ... | IN-Abs | Under the law as it stood prior to the enactment of section 65 A of the Transfer of Property Act, by Act XX of 1929, the question whether the mortgagor in possession had powar to lease the mortgaged property has got to be determined with reference to the 109 authority of the mortgagor as the bailiff or agent of the mor... | <s>[INST] Summarize the following judgement: Appeal No. 73 of 1950.
Appeal from the Judgment and Decree dated the 26th January, 1944, of the High Court of Judicature at Patna (Fazl Ali C. J. and Chatterji J.) in Appeal from Original Decree No. 4 of 1941, arising out of Judgment and Decree dated the 20th September, 1940... |
Appeal No. 475 of 1960.
Appeal by special leave from the Award dated March 31, 1960, of the Industrial Tribunal, Bombay, in Reference (I. T.) No. 227 of 1959.
M. C. Setalvad, Attorney General for India, G. B. Pal and J. B. Dadachanji, for the appellant.
I. N. Shroff, for the respondents.
December 15.
The Judgment of th... | IN-Abs | It is not correct to say that section 79 of the , standardises the grant of annual leave with wages to employees to whom the Act applies and that neither the employer by voluntary agreement nor the Industrial Tribunal by its award can vary that standard.
It is well settled that in construing the provisions of a welfare... | <s>[INST] Summarize the following judgement: Appeal No. 475 of 1960.
Appeal by special leave from the Award dated March 31, 1960, of the Industrial Tribunal, Bombay, in Reference (I. T.) No. 227 of 1959.
M. C. Setalvad, Attorney General for India, G. B. Pal and J. B. Dadachanji, for the appellant.
I. N. Shroff, for the... |
Appeal No. 311 of 1959.
Appeal from the judgment and order dated October 31, 1955, of the Travancore Cochin High Court, Ernakulam, in Original Petition No. 75 of 1955.
A. N. Kripal and D. Gupta, for the appellant.
Sardar Bahadur, for the respondent.
December 13.
The Judgment of the Court was delivered by 238 KAPUR, J.
... | IN-Abs | After the respondents net assessable income for the years ,952 53 was determined, it declared dividends which attracted provisions of the Finance Act, 1952, and became liable to the 237 payment of additional income tax, which fact was overlooked by the Income tax Officer, who, after giving notice under section 35 of th... | <s>[INST] Summarize the following judgement: Appeal No. 311 of 1959.
Appeal from the judgment and order dated October 31, 1955, of the Travancore Cochin High Court, Ernakulam, in Original Petition No. 75 of 1955.
A. N. Kripal and D. Gupta, for the appellant.
Sardar Bahadur, for the respondent.
December 13.
The Judgment... |
Appeals Nos. 223 and 224 of 1960.
Appeals from the order dated November 23, 1956, of the Andhra Pradesh High Court, Hyderabad, in Tax Revision Cases Nos. 17 and 18 of 1956.
268 C. K. Daphtary, Solicitor General of India and T. V. B. Tatachari, for the appellants.
K. N. Rajagopal Sastri and D. Gupta, for the respondent.... | IN-Abs | The respondents dealt in gunnies.
They first entered into contracts with two Mills agreeing to purchase gunnies at a certain rate for future delivery, and also entered into agreement with third parties, by which they charged something extra from those third parties and handed over the delivery order known as kutcha del... | <s>[INST] Summarize the following judgement: Appeals Nos. 223 and 224 of 1960.
Appeals from the order dated November 23, 1956, of the Andhra Pradesh High Court, Hyderabad, in Tax Revision Cases Nos. 17 and 18 of 1956.
268 C. K. Daphtary, Solicitor General of India and T. V. B. Tatachari, for the appellants.
K. N. Rajag... |
Appeal No, 145 of 1960.
Appeal by special leave from the judgment and order dated March 18, 1958, of the Kerala High Court in Tax Revision Case No. 12 of 1957.
V.A. Seyid Muhamad and Sardar Bahadur, for the appellant.
C.K. Daphtary, Solicitor General of India, Thomas Vellapally, section N. Andley, J. B. Dadachanji, Ram... | IN-Abs | The assessee owned an Estate of 590 acres out of which 235 acres were occupied by immature non bearing rubber trees, for the maintenance and upkeep of which the respondent claimed expenses from out of the income, which was allowed both by the Agricultural Income Tax Tribunal and the High Court.
The appellant came up by... | <s>[INST] Summarize the following judgement: Appeal No, 145 of 1960.
Appeal by special leave from the judgment and order dated March 18, 1958, of the Kerala High Court in Tax Revision Case No. 12 of 1957.
V.A. Seyid Muhamad and Sardar Bahadur, for the appellant.
C.K. Daphtary, Solicitor General of India, Thomas Vellapa... |
Appeals Nos. 134 to 137 of 1959.
Appeals by special leave from the judgment and order dated September 20,1957, of the Bombay High Court in Income Tax Reference No. 14 of 1957.
R. J. Kolah, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
K. N. Rajagopal Sastri and D. Gupta, for t... | IN-Abs | By a deed dated March 5, 1951, the appellant made a declaration of trust in favour of hiswife as follows: "I hereby declare that I hold 244 sharesupon trust to pay the income thereof to my wifefor a period of seven years from the date hereof or her death (whichever event may be earlier) and I hereby declare that this t... | <s>[INST] Summarize the following judgement: Appeals Nos. 134 to 137 of 1959.
Appeals by special leave from the judgment and order dated September 20,1957, of the Bombay High Court in Income Tax Reference No. 14 of 1957.
R. J. Kolah, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant... |
Appeal No. 315/1958.
Appeal by special leave from the judgment and order dated February 5, 1957, of the Bombay High Court in I.T.R. No. 34/1956.
372 R. J. Kolah, and I. N. Shorff, for the appellant.
A. N. Kripal and D. Gupta, for the respondent.
January 6.
The Judgment of the court was delivered by KAPUR, J.
This is ai... | IN-Abs | The appellant, a non resident Banker incorporated under the National Bank Act of the United States of America with its Head Office in America, was assessed under Business Profits Tax Act, 147.
Under the Treasury Rules of the United States of America and Instructions for preparation of reports of conditions by the Natio... | <s>[INST] Summarize the following judgement: Appeal No. 315/1958.
Appeal by special leave from the judgment and order dated February 5, 1957, of the Bombay High Court in I.T.R. No. 34/1956.
372 R. J. Kolah, and I. N. Shorff, for the appellant.
A. N. Kripal and D. Gupta, for the respondent.
January 6.
The Judgment of th... |
Appeal No. 10 of 1960.
Appeal from the judgment and decree dated February 24, 1959, of the Bombay High Court in First Appeal No. 540 of 1958.
M. C. Setalvad, Attorney General for India, A. P. Bhatt, Rameshwar Nath, section N. Andley, P. L. Vohra and J. B. Dadachanji, for the appellants.
The respondent did not appear.
D... | IN-Abs | By section 312 of the , "Any assignment of his office made after the commencement of this Act by any direc tor of a company shall be void.
" 42 330 The managing director of a private company, empowered by the terms of the agreement between him and the company and the articles thereof to appoint, by deed or by will, any... | <s>[INST] Summarize the following judgement: Appeal No. 10 of 1960.
Appeal from the judgment and decree dated February 24, 1959, of the Bombay High Court in First Appeal No. 540 of 1958.
M. C. Setalvad, Attorney General for India, A. P. Bhatt, Rameshwar Nath, section N. Andley, P. L. Vohra and J. B. Dadachanji, for the... |
Appeal No. 22 of 1956.
Appeal by special leave from the judgment and order dated July 4, 1954, of the Custodian General, Evacuee Property, in Revenue Case No. 427/R/ Judl.
A. V. Viswanatha Sastri and R. Ganapathy Iyer, for the appellant.
H.N. Sanyal,Additional Solicitor General of India, N. S.Bindra and D. Gupta, for t... | IN-Abs | M who had gone to Pakistan in 1947, sold his property in the State of Madras to the appellant on August II, 1949.
At that time there was no legislation with respect to evacuee property in Madras.
On August 23, 1949, the Administration of Evacuee Property (Chief Commissioners Provinces) Ordinance, 1949 (XII of 1949), wa... | <s>[INST] Summarize the following judgement: Appeal No. 22 of 1956.
Appeal by special leave from the judgment and order dated July 4, 1954, of the Custodian General, Evacuee Property, in Revenue Case No. 427/R/ Judl.
A. V. Viswanatha Sastri and R. Ganapathy Iyer, for the appellant.
H.N. Sanyal,Additional Solicitor Gene... |
Appeals Nos. 142 and 143 of 1960.
Appeals from the judgment and order dated July 21, 1955, of the Madras High Court in C.R. No. 32 of 1952.
G. section Pathak and Naunit Lal, for the appellants.
K. N. Rajagopal Sastri and D. Gupta for the respondent.
January 10.
The Judgment of the Court was delivered by HIDAYATULLAH J.... | IN-Abs | One Rangachari, a partner of a partnership firm, assigned by means of a deed of settlement a fourth share of the profits of the firm each to his wife, a married adult daughter and a minor daughter for 8 years with the right to receive the said share of profits absolutely and exclusively from the firm.
The question whic... | <s>[INST] Summarize the following judgement: Appeals Nos. 142 and 143 of 1960.
Appeals from the judgment and order dated July 21, 1955, of the Madras High Court in C.R. No. 32 of 1952.
G. section Pathak and Naunit Lal, for the appellants.
K. N. Rajagopal Sastri and D. Gupta for the respondent.
January 10.
The Judgment ... |
Appeals Nos.
480 to 487 of 1960.
Appeals by special leave from the judgment and order dated July 15, 1960, of the Allahabad High Court in Civil Misc.
Writ Nos.
1554, 1561, 1553, 1560, 1556, 1558, 1559 and 1557 of 1960.
N. C. Chatterjee, R. K. Garg, section C. Agarwal, D. P. Singh, K. K. Sinha, V. A. Seyid Muhamad and M... | IN-Abs | On June 14, 1958, the President of India promulgated an Ordinance to amend the .
By section 8 of the Ordinance, the Statutes of the University were amended, and in place of Statute NO. 30, another statute was substituted, which set up a " Screening Committee " to examine the cases of all persons holding teaching, admin... | <s>[INST] Summarize the following judgement: Appeals Nos.
480 to 487 of 1960.
Appeals by special leave from the judgment and order dated July 15, 1960, of the Allahabad High Court in Civil Misc.
Writ Nos.
1554, 1561, 1553, 1560, 1556, 1558, 1559 and 1557 of 1960.
N. C. Chatterjee, R. K. Garg, section C. Agarwal, D. P. ... |
72 of 1950.
Petition under article 32 of the Constitution of India for a writ of mandamus.
V.K.T. Chari, J.S. Dawdo, Alladi Kuppuswami, and C.R. Pattabhi Raman, for the petitioner.
M.C. Setalvad, Attorney General for India (G. N. Joshi with him) for opposite party Nos. 1 and 2.
G.N. Joshi, for opposite party Nos.
3 to ... | IN-Abs | The Governor General of India, finding that on account of mismanagement and neglect a situation had arisen in the affairs of the Sholapur Spinning and Weaving Company Ltd. which had prejudicially affected the production of an essen tial commodity and had caused serious unemployment amongst a certain section of the comm... | <s>[INST] Summarize the following judgement: 72 of 1950.
Petition under article 32 of the Constitution of India for a writ of mandamus.
V.K.T. Chari, J.S. Dawdo, Alladi Kuppuswami, and C.R. Pattabhi Raman, for the petitioner.
M.C. Setalvad, Attorney General for India (G. N. Joshi with him) for opposite party Nos. 1 and... |
Appeal No. 166 of 1951.
Appeal from the Judgment and Decree dated September 15, 1948, of the High Court of Judicature for the State of Punjab at Simla (Mahajan and Teja Singh JJ.) in Regular Second Appeal No. 1844 of 1945 from the Judgment and Decree dated June 5, 1945, of the Court of the District Judge, Gurgaon, in C... | IN-Abs | On principles of equity, justice and good conscience, which apply to the Punjab (where the , is not in force) if one of several joint mortgagors redeems the entire Mortgage by paying a s less than the full amount due under the mortgage, he is entitled to receive from his co mortgagors, only their proportionate shares o... | <s>[INST] Summarize the following judgement: Appeal No. 166 of 1951.
Appeal from the Judgment and Decree dated September 15, 1948, of the High Court of Judicature for the State of Punjab at Simla (Mahajan and Teja Singh JJ.) in Regular Second Appeal No. 1844 of 1945 from the Judgment and Decree dated June 5, 1945, of t... |
Appeal No.449 of 1958.
Appeal by special leave from the judgment and decree dated August 7, 1956, of the Patna High Court in Misc.
Judicial Case No. 604 of 1953.
406 D. P. Singh, for the appellant.
section P. Varma, for the respondent.
January 11.
The Judgment of the Court was delivered by SHAH, J.
The High Court of Ju... | IN-Abs | The appellant was the Mahant of the Asthal Estate in Bihar which was in the management of a Receiver appointed by the Civil Court in a suit relating to the estate.
On appeal the question that arose for decision in this Court was whether the appellant Mahant was liable to be assessed under the Bihar Agricultural Income ... | <s>[INST] Summarize the following judgement: Appeal No.449 of 1958.
Appeal by special leave from the judgment and decree dated August 7, 1956, of the Patna High Court in Misc.
Judicial Case No. 604 of 1953.
406 D. P. Singh, for the appellant.
section P. Varma, for the respondent.
January 11.
The Judgment of the Court w... |
Appeals Nos. 158 to 164 of 1960.
Appeals from the judgment and order dated October 8, 1958, of the Bombay High Court in I.T.A. Nos.
7505, 7506, 5046 to 5048, 5149 and 5150 of 1956 57.
A. V. Viswanatha Sastri, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the. appellants.
R. Ganapathy Iyer and... | IN-Abs | The appellant had been incorporated in 1944 as a private company limited by shares in the former State of Bhor with its registered office in Bhor.
The shareholders of the company were at all material times resident in British India.
By virtue of the States Merger (Governors ' Provinces) Order, 1949, the State was merge... | <s>[INST] Summarize the following judgement: Appeals Nos. 158 to 164 of 1960.
Appeals from the judgment and order dated October 8, 1958, of the Bombay High Court in I.T.A. Nos.
7505, 7506, 5046 to 5048, 5149 and 5150 of 1956 57.
A. V. Viswanatha Sastri, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohr... |
90 of 1956.
Petition under article 32 of the Constitution of India for enforcement of Fundamental rights.
R. V. section Mani, for the petitioner.
N.S. Bindra, K. L. Hathi and R. H. Dhebar, for the respondents.
January 12.
The Judgment of the Court was delivered by MUDHOLKAR, J.
This is a petition under article 32 of th... | IN-Abs | The District Magistrate, apprehending a breach of peace as a result of demonstrations and counter demonstrations held by two rival labour unions promulgated an order under section 144 of the Code of Criminal Procedure, which was to remain in force for a period of fifteen days, prohibiting, inter alia, the assembly of f... | <s>[INST] Summarize the following judgement: 90 of 1956.
Petition under article 32 of the Constitution of India for enforcement of Fundamental rights.
R. V. section Mani, for the petitioner.
N.S. Bindra, K. L. Hathi and R. H. Dhebar, for the respondents.
January 12.
The Judgment of the Court was delivered by MUDHOLKAR,... |
iminal Appeal No. 78 of 1959.
Appeal by special leave from the judgment and order dated November 25, 1958, of the former Bombay High Court in Criminal Revision Application No. 1393 of 1958 arising out of the judgment and order dated September 18, 1958, of the Presidency Magistrate 11 Class, Mazagaon at Bombay in Case N... | IN-Abs | On November 16, 1949, the respondent was convicted under sections 38o and II4 of the Indian Penal Code.
On October 5, 1957, the Deputy Commissioner of Police, Bombay, acting under section 57(1) of the Bombay Police Act passed an order externing him from the limits of Greater Bombay.
Later he was prosecuted and convicte... | <s>[INST] Summarize the following judgement: iminal Appeal No. 78 of 1959.
Appeal by special leave from the judgment and order dated November 25, 1958, of the former Bombay High Court in Criminal Revision Application No. 1393 of 1958 arising out of the judgment and order dated September 18, 1958, of the Presidency Magi... |
Appeal No. 252 of 1956.
Appeal from the judgment and decree dated September 29, 1953, of the Rajasthan High Court (Jaipur Bench) in Civil Writ Application No. 28 of 1951.
Gopal Singh and T. M. Sen, for the appellants.
section N. Andley, J. B. Dadachanji and P. L. Vohra,for the respondent.
January 19.
The Judgment of th... | IN-Abs | The question for determination in the appeal was whether the Union of India was entitled to levy and recover arrears of excise duty on cotton cloth for the period April 1, 1949, to March 31, 1950, payable by the respondent, a cloth mill in the State of Rajasthan, under the Rajasthan Excise Duties Ordinance, 1949.
After... | <s>[INST] Summarize the following judgement: Appeal No. 252 of 1956.
Appeal from the judgment and decree dated September 29, 1953, of the Rajasthan High Court (Jaipur Bench) in Civil Writ Application No. 28 of 1951.
Gopal Singh and T. M. Sen, for the appellants.
section N. Andley, J. B. Dadachanji and P. L. Vohra,for t... |
iminal Appeal No. 65 of 1958.
Appeal by special leave from the judgment and order dated April 11, 1956, of the Calcutta High Court in Criminal Revision No. 1584 of 1955.
N. C. Chatterjee, Arun Kumar Dutta and D. N. Mukherjee, for the appellant.
K.B. Bagchi and S.N. Mukherjee, for the respondents.
January 16.
The Judgme... | IN-Abs | The appellant, who was an elected member of the West Bengal Legislative Assembly, gave notice of his intention to put certain questions in the Assembly and on those questions being disallowed by the Speaker published them in a journal called Janamat of Ghatal, his own constituency.
The first respondent who was then the... | <s>[INST] Summarize the following judgement: iminal Appeal No. 65 of 1958.
Appeal by special leave from the judgment and order dated April 11, 1956, of the Calcutta High Court in Criminal Revision No. 1584 of 1955.
N. C. Chatterjee, Arun Kumar Dutta and D. N. Mukherjee, for the appellant.
K.B. Bagchi and S.N. Mukherjee... |
Appeal No. 443 of 1957.
Appeal by special leave from the judgment and order dated April 25, 1955, of the Allahabad High Court in Civil Misc.
Case No. 26/1951.
C. B. Aggarwala, C. P. Lal for G. Ar.
Dikshit, for the appellant.
section K. Kapur and Mohan Behari Lal, for the respondent.
October 31.
The Judgment of Hidayatu... | IN-Abs | The respondent company was a manufacturer of edible and non edible oils and was registered as a " dealer " under the United Provinces Sales Tax Act, 1948.
Its year of account commenced on June 1, and ended on May 31 of the next year.
Under section 7(1) of the Act read.
with rule 39 of the rules framed thereunder the re... | <s>[INST] Summarize the following judgement: Appeal No. 443 of 1957.
Appeal by special leave from the judgment and order dated April 25, 1955, of the Allahabad High Court in Civil Misc.
Case No. 26/1951.
C. B. Aggarwala, C. P. Lal for G. Ar.
Dikshit, for the appellant.
section K. Kapur and Mohan Behari Lal, for the res... |
Appeal No. 716 of 1957.
Appeal from the judgment and decree dated July 29, 1955, of the former Bombay High Court in Appeal No. 50 of 1953 under the Letters Patent against the judgment and decree dated September 3, 1953, of the said High Court in First Appeal No. 547 of 1952.
H. N. Sanyal, Additional Solicitor General o... | IN-Abs | In respect of a decree passed against T, who was the owner of certain watan properties, a building standing on watan land comprised in the said properties, was sought to be attached and sold in execution of the decree.
The appellant, who was the legal representative of T, claimed that the building:was not liable for at... | <s>[INST] Summarize the following judgement: Appeal No. 716 of 1957.
Appeal from the judgment and decree dated July 29, 1955, of the former Bombay High Court in Appeal No. 50 of 1953 under the Letters Patent against the judgment and decree dated September 3, 1953, of the said High Court in First Appeal No. 547 of 1952.... |
Appeals Nos.
303 to 307 of 1960.
Appeals by special leave from the judgment and order dated May 14, 1957, of the Madras High Court, in Case Referred No. 1 1 1 of 1953.
R. Ganapathy Iyer and G. Gopalakrishnan for the appellant.
K. N. Rajagopal Sastri and D. Gupta, for the respondent.
January 18.
The Judgment of the Cour... | IN-Abs | The business of manufacture and sale of a particular brand of beedies was carried on by 0, a Mohamedan, who died in 1942 leaving a minor son, the appellant, by his pre deceased wife, his widow L, and four children by her.
Proceedings were taken first by the appellant and later on by L in connection with the partition o... | <s>[INST] Summarize the following judgement: Appeals Nos.
303 to 307 of 1960.
Appeals by special leave from the judgment and order dated May 14, 1957, of the Madras High Court, in Case Referred No. 1 1 1 of 1953.
R. Ganapathy Iyer and G. Gopalakrishnan for the appellant.
K. N. Rajagopal Sastri and D. Gupta, for the res... |
iminal Appeal No. 16 of 1959.
Appeal from the judgment and order dated November 18, 1958, of the Allahabad High Court in Criminal Reference No. 452 of 1956.
B. V. section Mani, for the appellants.
G. C. Mathur and C. P. Lal, for the respondent.
January 20.
The Judgment of the Court was delivered by AYYANGAR, J.
Having ... | IN-Abs | A police officer made a report under section 11 of the Essential Supplies (Temporary Powers) Act, 1946, regarding a contravention of cl. 11 B(III), Iron and Steel (Control of Production and Distribution) Order, 1941, read with section 8 of the Essential Commodities Ordinance, 1955, to the Magistrate against the appella... | <s>[INST] Summarize the following judgement: iminal Appeal No. 16 of 1959.
Appeal from the judgment and order dated November 18, 1958, of the Allahabad High Court in Criminal Reference No. 452 of 1956.
B. V. section Mani, for the appellants.
G. C. Mathur and C. P. Lal, for the respondent.
January 20.
The Judgment of th... |
Appeal No. 18 of 1952.
Appeal from the Judgment and Order dated December 12, 1949, of the High Court of Judicature at Bombay (Weston and Shah JJ.) in First Appeal No. 456 of 1949, arising out of Judg ment and Decree dated January 24, 1949, of the 186 Bombay City Civil Court in Civil Suit No. 106 of 1948.
M.C. Setalvad,... | IN-Abs | Section 4 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which provides that the Act shall not apply to premises belonging to the Government or a local authority applies not only to suits between the Government or a local authority as a landlord against the lessee, but also to suits by a lessee o... | <s>[INST] Summarize the following judgement: Appeal No. 18 of 1952.
Appeal from the Judgment and Order dated December 12, 1949, of the High Court of Judicature at Bombay (Weston and Shah JJ.) in First Appeal No. 456 of 1949, arising out of Judg ment and Decree dated January 24, 1949, of the 186 Bombay City Civil Court ... |
Appeal No. 84 of 1958.
Appeal by special leave from the judgment and order dated December 22/23, 1955, of the Calcutta High Court in I.T.R. No. 24 of 1953.
N. C. Chatterjee, D. P. Pal and D. N. Mukherjee for the appellant.
Hardayal Hardy and D. Gupta, for the respondent.
January 17.
The Judgment of the Court was delive... | IN-Abs | The appellants were carrying on the business of cement and lime manufacture and supply thereof.
By a deed dated May 7 ' 1935, the appellants conveyed to the Associated Cement Ltd. the rights which had vested in them under an earlier conveyance made in their favour by a company known as Karanpura Cod Under the deed the ... | <s>[INST] Summarize the following judgement: Appeal No. 84 of 1958.
Appeal by special leave from the judgment and order dated December 22/23, 1955, of the Calcutta High Court in I.T.R. No. 24 of 1953.
N. C. Chatterjee, D. P. Pal and D. N. Mukherjee for the appellant.
Hardayal Hardy and D. Gupta, for the respondent.
Jan... |
Appeal No. 204/1956.
Appeal from the judgment and decree dated February 23, 1951, of the Madras High Court in O. section Appeal No. 13/1948.
R. Keshva Aiyangar and M. section K. Aiyangar, for the appellant.
A. V. Viswanatha Sastri and Naunit Lal, for .respondent No. 1.
B. K. B. Naidu, for respondent No. 6. 1961.
Januar... | IN-Abs | M, a Hindu, died leaving his mother, widow, sisters and sisters ' son and daughters.
There were disputes between the mother and the widow which were settled at the instance of certain arbitrators.
Under this settlement a portion of one of the houses was given to a sister of M, another portion to R son of another sister... | <s>[INST] Summarize the following judgement: Appeal No. 204/1956.
Appeal from the judgment and decree dated February 23, 1951, of the Madras High Court in O. section Appeal No. 13/1948.
R. Keshva Aiyangar and M. section K. Aiyangar, for the appellant.
A. V. Viswanatha Sastri and Naunit Lal, for .respondent No. 1.
B. K.... |
: Criminal Appeal No. 100 of 1958.
Appeal from the judgment and order dated April 24, 1958, of the Calcutta High Court in Criminal Misc Case No. 38 of 1958.
G. section Pathak and D. N. Mukherjee, for the appellants.
L. K. Jha and R. C. Datta, for respondent No. 1.
K. B. Bagchi and P. K. Bose, for respondent No. 2. 1961... | IN-Abs | The first respondent, the then Commissioner of the Corpora tion of Calcutta, was after a protracted trial for an alleged offence under section 497 of the Indian Penal Code discharged by the Magistrate under section 253(1) of the Code of Criminal Procedure.
The Sessions judge, on a petition in revision filed by the comp... | <s>[INST] Summarize the following judgement: : Criminal Appeal No. 100 of 1958.
Appeal from the judgment and order dated April 24, 1958, of the Calcutta High Court in Criminal Misc Case No. 38 of 1958.
G. section Pathak and D. N. Mukherjee, for the appellants.
L. K. Jha and R. C. Datta, for respondent No. 1.
K. B. Bagc... |
Appeal No. 205 of 1956.
Appeal from the judgment and decree dated May 26, 1954, of the Calcutta High Court in Appeal from Original Decree No. 127 of 1950.
580 D. N. Mukherjee, for the appellants.
N. C. Chatterjee and R. B. Biswas, for respondents Nos.
1(a) and 2. 1961.
January 25.
The Judgment of the Court was delivere... | IN-Abs | The appellant purchased the property in dispute from the respondent but soon thereafter there was an agreement for reconveyance of the property to the respondent within a period of two years for almost the same value for which it was 'sold.
The relevant clause of this agreement was as follows: " Clause 3 The purchase s... | <s>[INST] Summarize the following judgement: Appeal No. 205 of 1956.
Appeal from the judgment and decree dated May 26, 1954, of the Calcutta High Court in Appeal from Original Decree No. 127 of 1950.
580 D. N. Mukherjee, for the appellants.
N. C. Chatterjee and R. B. Biswas, for respondents Nos.
1(a) and 2. 1961.
Janua... |
Appeal No. 234/60.
Appeal from the judgment and order dated November 18, 1958, of the Bombay High Court at Nagpur in Special Civil Application No. 201 of 1958.
N. C. Chatterjee, M. N. Phadke, section A. Sonhi and Ganpat Rai, for the appellants.
A. V. Viswanatha Sastri, B. R. Mandekar and A. G. Ratnaparkhi, for responde... | IN-Abs | The Municipal Committee, Akola, passed a resolution to impose an octroi tax and forwarded it along with the draft rules of assessment and collection to the State Government.
The State Government published a notification in the Gazette which contained the articles to be taxed, the rate or rates at which they were to be ... | <s>[INST] Summarize the following judgement: Appeal No. 234/60.
Appeal from the judgment and order dated November 18, 1958, of the Bombay High Court at Nagpur in Special Civil Application No. 201 of 1958.
N. C. Chatterjee, M. N. Phadke, section A. Sonhi and Ganpat Rai, for the appellants.
A. V. Viswanatha Sastri, B. R.... |
minal Appeal No. 120 of 1960.
Appeal by special leave from the judgment and order dated February 28, 1958, of the Madhya Pradesh High Court (Gwalior Bench), in Criminal Appeal No. 3 of 1957.
I. N. Shroff, for the appellant.
The respondent did not appear.
January 25.
The Judgment of the Court was delivered by AYYANGAR, ... | IN-Abs | The High Court affirmed an order of acquittal of the respondent on a charge of murder under section 302 of the Indian Penal Code passed by the Sessions judge on the ground that the accused was of unsound mind.
The prosecution case was that the accused committed the murder of his mother in law against whom he had borne ... | <s>[INST] Summarize the following judgement: minal Appeal No. 120 of 1960.
Appeal by special leave from the judgment and order dated February 28, 1958, of the Madhya Pradesh High Court (Gwalior Bench), in Criminal Appeal No. 3 of 1957.
I. N. Shroff, for the appellant.
The respondent did not appear.
January 25.
The Judg... |
Appeal No. 221 of 1956.
Appeal from the judgment and decree dated August 5,1955, of the Bombay High Court in Appeal No. 128/X of 1954.
section N. Andley, J. B. Dadachanji, Rameshwar Nath and ,P. L. Vohra, for the appellants, 654 A V. Viswanatha Sastri and Tarachand Brij mohan Lal.
for the respondents.
January 31.
, J. ... | IN-Abs | The Managing Agents of the appellant company withdrew certain sums of money from its a count with the respondent (1) Mad. 871.
(2) Lah.
(3) (4) I.L.R. (5) (6) Pat. 106 (7) (1953) I.L.R. K. All. 64.
(8) Pat.
653 Bank, which the company had by a resolution authorised the Managing Agents to operate on.
The Managing Agents... | <s>[INST] Summarize the following judgement: Appeal No. 221 of 1956.
Appeal from the judgment and decree dated August 5,1955, of the Bombay High Court in Appeal No. 128/X of 1954.
section N. Andley, J. B. Dadachanji, Rameshwar Nath and ,P. L. Vohra, for the appellants, 654 A V. Viswanatha Sastri and Tarachand Brij moha... |
l Appeal No. 313/1956.
Appeal from the judgment and decree dated July 25,1952, of the Allahabad High Court in Second Appeal No. 2547 of 1946.
B. Ganapathy Iyer and T. M. Sen for the appellant K. P. Gupta, for the respondent.
January 31.
The Judgment of the Court was delivered by SHAH, J.
On January 30, 1943, Bhola Nath... | IN-Abs | The respondent served on the Railway Administration a composite notice under s 77 of the Indian Railways Act and under section So of the Code of Civil Procedure and sued for price of goods and for loss on account of nondelivery.
The claim was resisted by the Railway Administration on pleas amongst others that the suit ... | <s>[INST] Summarize the following judgement: l Appeal No. 313/1956.
Appeal from the judgment and decree dated July 25,1952, of the Allahabad High Court in Second Appeal No. 2547 of 1946.
B. Ganapathy Iyer and T. M. Sen for the appellant K. P. Gupta, for the respondent.
January 31.
The Judgment of the Court was delivere... |
Appeals Nos.
416 of 1958 and 19 of 1959.
Appeals by special leave from the Award dated January 13, 1958, of the Industrial Tribunal, Bombay, in Reference (I. T.) No. 218 of 1957.
M. C. Setalvad, Attorney General for India, N. A. Pal khivala, G. B. Pai and G. Gopalakrishnan, for the appellant (In C.A. No. 416 of 58) and... | IN-Abs | The workmen claimed bonus for the year 1956 equivalent to nine months ' total earnings on the ground that the employers had admitted their capacity to pay and that there was a big gap between the wage actually received and the living wage.
The employers contended that they were paying the workmen a living wage and they... | <s>[INST] Summarize the following judgement: Appeals Nos.
416 of 1958 and 19 of 1959.
Appeals by special leave from the Award dated January 13, 1958, of the Industrial Tribunal, Bombay, in Reference (I. T.) No. 218 of 1957.
M. C. Setalvad, Attorney General for India, N. A. Pal khivala, G. B. Pai and G. Gopalakrishnan, ... |
Appeals Nos. 54 and 55 of 1957.
Appeals from the judgment and decree dated March 11, 1953, of the Judicial Commissioner 's Court, Rewa, in First Appeals Nos. 104 and 116 of 1952.
B. C. Misra, for the appellant.
Tarachand Brijmohan Lal, for the respondent.
January 31.
The Judgment of the Court was delivered by HIDAYATUL... | IN-Abs | The respondent had agreed to transport coal from the appel lant 's colliery to the railway station.
The appellant had to keep the road in repair and arrange for petrol and had to make the payment for the actual coal despatched by the 10th of the following month.
The appellant complained that he was suffering loss as th... | <s>[INST] Summarize the following judgement: Appeals Nos. 54 and 55 of 1957.
Appeals from the judgment and decree dated March 11, 1953, of the Judicial Commissioner 's Court, Rewa, in First Appeals Nos. 104 and 116 of 1952.
B. C. Misra, for the appellant.
Tarachand Brijmohan Lal, for the respondent.
January 31.
The Jud... |
Appeal No. 105 of 1950.
Appeal from the Judgment and Order dated March 22, 1945, of the Court of the Judicial Commissioner, Ajmer Merwara, Ajmer (Davies J. C.) in Civil First Appeal No. 16 of 1944, arising out of the Judgment and Decree dated March 13, 1944, of the Court of the Judge, Small Causes, Ajmer, and Additiona... | IN-Abs | In a plaint the following reliefs were asked for, viz., (i) that it be declared that the appointment of 'defendant No. 2 as chairman of the board of directors of a company is illegal, invalid and ultra vires and that he has no, right to act as chairman, managing director etc., and (ii) that a receiver be appointed to t... | <s>[INST] Summarize the following judgement: Appeal No. 105 of 1950.
Appeal from the Judgment and Order dated March 22, 1945, of the Court of the Judicial Commissioner, Ajmer Merwara, Ajmer (Davies J. C.) in Civil First Appeal No. 16 of 1944, arising out of the Judgment and Decree dated March 13, 1944, of the Court of ... |
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... | IN-Abs | 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... | <s>[INST] Summarize the following judgement: 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 Iye... |
15 of 1959, 14 of 1960 and 21 of 1959.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Rights.
Frank Anthony and J. B. Dadachanji, for the petitioners (In Petns.
Nos. 15 and 21 of 1959).
612 H. J. Umrigar, O. P. Rana and A. G. Ratnaparkhi, for the petitioners (In Petn.
No. 14 of 1... | IN-Abs | In Mohd. Hanif Quareshi vs The State of Bihar the Supreme Court held that a total ban on the slaughter of bulls, bullocks and she buffaloes after they had ceased to be useful was not in the interests of the general public and was invalid.
Thereafter, the Bihar Legislature passed the Bihar Preservation and Improvement o... | <s>[INST] Summarize the following judgement: 15 of 1959, 14 of 1960 and 21 of 1959.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Rights.
Frank Anthony and J. B. Dadachanji, for the petitioners (In Petns.
Nos. 15 and 21 of 1959).
612 H. J. Umrigar, O. P. Rana and A. G. Ratnapark... |
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 ... | IN-Abs | 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... | <s>[INST] Summarize the following judgement: 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... |
Appeals Nos. 321 and 322 of 1956.
Appeals by special leave from the judgment and decree dated September 21.
1951, of the Mysore High Court in Regular Appeals Nos.
3,24,13 and 25 of 1948.
49, arising gut of the judgment and decree dated 85 664 January 9, 1948, of the Principal DistriCt Judge, Bangalore, in Original Suit... | IN-Abs | The appellant entered into an agreement with the respondent who was a building contractor entrusting him with the work of constructing a house and shops.
The respondent undertook the work but before it could be completed disputes arose between them and the appellant claimed compensation for effecting repairs to rectify... | <s>[INST] Summarize the following judgement: Appeals Nos. 321 and 322 of 1956.
Appeals by special leave from the judgment and decree dated September 21.
1951, of the Mysore High Court in Regular Appeals Nos.
3,24,13 and 25 of 1948.
49, arising gut of the judgment and decree dated 85 664 January 9, 1948, of the Principa... |
Appeals Nos.
396 to 398 and 419 to 421 of 1959, and 152 of 1960.
Appeals by special leave from the judgment and order dated November 5, 1958, of the Punjab High Court in First Appeals from Orders Nos.
42 to 44, 60 to 62 and 55 of 1955 respectively.
M. C. Setalvad, Attorney General for India, section N. Andley, J. B. Da... | IN-Abs | Lands in four villages forming part of the Cis Sutlej jagir were compulsorily acquired under the East Punjab Acquisition and Requisition of"Immovable Property (Temporary Powers) Act, 1948.
At the time of the acquisition A was the holder of the jagir.
Possession over one of the villages had been given to 677 A 's wife G... | <s>[INST] Summarize the following judgement: Appeals Nos.
396 to 398 and 419 to 421 of 1959, and 152 of 1960.
Appeals by special leave from the judgment and order dated November 5, 1958, of the Punjab High Court in First Appeals from Orders Nos.
42 to 44, 60 to 62 and 55 of 1955 respectively.
M. C. Setalvad, Attorney G... |
Appeal No. 240 of 1955.
732 Appeal by special leave from the judgment and order dated September 3, 1953, of the Bombay High Court in Income tax Reference No. 15 of 1953.
Hardayal Hardy and D. Gupta, for the appellant.
G. section Pathak, section P. Mehta, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Voh... | IN-Abs | The assessee, resident in British India, had some money in deposit with a concern in Bhavnagar, outside British India.
On April 7, 1947, he transferred part of it to a concern in Bombay.
He was assessed to tax on this amount under section 4(i)(b)(iii) of the Income tax Act.
The assessee contended that to attract the ap... | <s>[INST] Summarize the following judgement: Appeal No. 240 of 1955.
732 Appeal by special leave from the judgment and order dated September 3, 1953, of the Bombay High Court in Income tax Reference No. 15 of 1953.
Hardayal Hardy and D. Gupta, for the appellant.
G. section Pathak, section P. Mehta, section N. Andley, J... |
Appeal No. 237 of 1956.
Appeal by special leave from the judgment and order dated December 13, 1954, of the Calcutta High Court in Appeal from Original Order No. 117 of 1954.
B. Sen, P. K. Chatterjee and section N. Mukherjee, for the appellant.
B. C. Mitter and D. Mukherjee, for respondent No. 1. 1961.
February 6.
The ... | IN-Abs | During controversy between two brothers each of whom claimed to be appointed Mutawalli, the Commissioner of Wakfs appointed a third brother as a temporary Mutawalli under section 40 of the Bengal Wakf Act, which appointment was challenged on the ground that the order of the Commissioner appointing a temporary Mutawalli... | <s>[INST] Summarize the following judgement: Appeal No. 237 of 1956.
Appeal by special leave from the judgment and order dated December 13, 1954, of the Calcutta High Court in Appeal from Original Order No. 117 of 1954.
B. Sen, P. K. Chatterjee and section N. Mukherjee, for the appellant.
B. C. Mitter and D. Mukherjee,... |
iminal Appeal No. 32 of 1956.
Appeal from the judgment and order dated October 7 and 10, 1955, of the Bombay High Court in Criminal Appeal No. 817 of 1955.
Porus A. Mehta, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellant.
N. section Bindra, R. H. Dhebar and T. M. Sen, for the respondent.
January 27.
The Judgm... | IN-Abs | The appellant was convicted of an offence under section 92 of the , for working a salt works without obtaining a licence.
The salt works extended over an area of about 250 acres ' The only buildings on this land were temporary shelters for the resident labour and for an office ; at some places ,there where pucca platfo... | <s>[INST] Summarize the following judgement: iminal Appeal No. 32 of 1956.
Appeal from the judgment and order dated October 7 and 10, 1955, of the Bombay High Court in Criminal Appeal No. 817 of 1955.
Porus A. Mehta, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellant.
N. section Bindra, R. H. Dhebar and T. M. S... |
Appeals Nos. 448 and 449 of 1957.
Appeals from the judgment and order dated September 27, 1956, of the Mysore High Court in Writ Petitions Nos. 44 and 45 of 1955.
N. C. Chatterjee, D. N. Mukherjee and B. N. Ghose, for the appellant in C. A. No. 448 of 1957.
V. L. Narasimhamoorthy, section N. Andley, J. B. Dadachanji, R... | IN-Abs | The City of Bangalore Municipal Corporation resolved to levy octroi on cotton and wool and the resolution was notified in the Official Gazette as required by section 98(1) of the City of Bangalore Municipal Corporation Act.
Objections were invited and the appellants filed their objections to the tax.
Final resolution i... | <s>[INST] Summarize the following judgement: Appeals Nos. 448 and 449 of 1957.
Appeals from the judgment and order dated September 27, 1956, of the Mysore High Court in Writ Petitions Nos. 44 and 45 of 1955.
N. C. Chatterjee, D. N. Mukherjee and B. N. Ghose, for the appellant in C. A. No. 448 of 1957.
V. L. Narasimhamo... |
Appeal No. 216 of 1956.
Appeal by special leave from the judgment and decree dated August 28, 1950, of the Punjab High Court in Civil Regular First Appeal No. 343 of 1944.
L.K. Jha, K. P. Bhandari and Harbans Singh, for the appellants.
Darya Datt Chawla for respondent Nos.
1(i) to (iii).
February 9.
The Judgment of the... | IN-Abs | Order 32, r. 7(2) of the Code of Civil Procedure, which is intended to protect the interest of the minor, really means that an agreement or compromise entered into on behalf of the minor in contravention of 0. 32, r. 7(1) is voidable only at the instance of the minor and not at the instance of any other party to it.
Su... | <s>[INST] Summarize the following judgement: Appeal No. 216 of 1956.
Appeal by special leave from the judgment and decree dated August 28, 1950, of the Punjab High Court in Civil Regular First Appeal No. 343 of 1944.
L.K. Jha, K. P. Bhandari and Harbans Singh, for the appellants.
Darya Datt Chawla for respondent Nos.
1... |
Appeals Nos. 110 and 111 of 1951.
Appeals from the Judgment and Decree dated May 6, 1946, of the High Court of Judicature at Calcutta (Biswas and Chakravartti JJ.) in Original Decree No. 43 of 1942 with Civil Rule 399 of 1945, arising out of Judgment and Decree dated June 30, 1941,, of the Second Court of Additional Su... | IN-Abs | Where the right to receive compensation for property acquired in land acquisition proceedings as between rival claimants depends the title to the property acquired and the dispute as to title is raised by the parties and is decided by the Land Acquisition Judge after contest, this decision as to title operates as res j... | <s>[INST] Summarize the following judgement: Appeals Nos. 110 and 111 of 1951.
Appeals from the Judgment and Decree dated May 6, 1946, of the High Court of Judicature at Calcutta (Biswas and Chakravartti JJ.) in Original Decree No. 43 of 1942 with Civil Rule 399 of 1945, arising out of Judgment and Decree dated June 30... |
Appeal No. 263 of 1956.
Appeal from the judgment and decree dated January 6, 1953, of the Madras High Court in A. section Appeal No. 7 of 1949.
M. C. Setalvad, Attorney General of India and Naunit Lal, for the appellants.
100 780 A. V. Vimanatha Sastri and B. K. B.Naidu, for respondent No. 1.
M. B. K. Pillai, for respo... | IN-Abs | The rule of blending in Hindu Law as evolved by judicial decisions can have no application to a property held by a Hindu female as a limited owner.
That rule postulates a coparcener deliberately and intentionally throwing his independently acquired property into the joint family stock so as to form a part of it.
Althou... | <s>[INST] Summarize the following judgement: Appeal No. 263 of 1956.
Appeal from the judgment and decree dated January 6, 1953, of the Madras High Court in A. section Appeal No. 7 of 1949.
M. C. Setalvad, Attorney General of India and Naunit Lal, for the appellants.
100 780 A. V. Vimanatha Sastri and B. K. B.Naidu, for... |
minal Appeal No. 131 of 1959.
Appeal by special leave from the judgment and order dated November 21, 1958, of the Patna High Court in M. J. C. No. 805 of 1958.
G. section Pathak, section C. Banerjee and P. K. Chatterjee, for the appellant.
R. Ganapathy Iyer and B. H. Dhebar, for the respondents.
February 10.
The Judgme... | IN-Abs | Section 76 of the , provides that where the owner of a mine is a private company any one of the shareholders thereof may be prosecuted and punished under this Act for any offence for which the owner of the mine is punishable.
The appellant who was a shareholder and a director of a private company owning a colliery, was... | <s>[INST] Summarize the following judgement: minal Appeal No. 131 of 1959.
Appeal by special leave from the judgment and order dated November 21, 1958, of the Patna High Court in M. J. C. No. 805 of 1958.
G. section Pathak, section C. Banerjee and P. K. Chatterjee, for the appellant.
R. Ganapathy Iyer and B. H. Dhebar,... |
241 and 242 of 1960.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Rights.
P. B. DaS, K. Choudhoury, Balbhadra Prasad Singh and I. N. Shroff, for the petitioners.
M. C. Setalvad, Attorney General of India, B. Sen and R. H. Dhebar, for the respondents.
February 10.
The Judgment o... | IN-Abs | The Coal Bearing Areas (Acquisition and Development) Act, 1957, was enacted, as indicated in the preamble, for providing for the acquisition by the State of unworked land containing or likely to contain coal deposits, and under section 4(1) of the Act, the Central Government was empowered to issue a notification with r... | <s>[INST] Summarize the following judgement: 241 and 242 of 1960.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Rights.
P. B. DaS, K. Choudhoury, Balbhadra Prasad Singh and I. N. Shroff, for the petitioners.
M. C. Setalvad, Attorney General of India, B. Sen and R. H. Dhebar, for... |
Appeal No. 512 of 1957.
Appeal by special leave from the judgment and decree dated August 29 ' 1952, of the Madras High Court in Second Appeal No. 2349 of 1946.
Azizuddin and K. R. Choudhury , for the appellant.
Shaukat Hussain and P.C. Agarwala, for respondents Nos. 1 and 2. 1961.
February 14.
The Judgment of the Cour... | IN-Abs | Under a scheme a Board of Trustees was appointed for administration of the Durga and a Masjid for the maintenance of which the Nawab of Carnatic had granted two villages in Inam.
The income of the institution after disbursing the expenses had since long been shared by the descendants in four families in equal shares.
T... | <s>[INST] Summarize the following judgement: Appeal No. 512 of 1957.
Appeal by special leave from the judgment and decree dated August 29 ' 1952, of the Madras High Court in Second Appeal No. 2349 of 1946.
Azizuddin and K. R. Choudhury , for the appellant.
Shaukat Hussain and P.C. Agarwala, for respondents Nos. 1 and 2... |
Appeal No.371 of 1956.
Appeal from the Judgment and decree dated August 28, 1953, of the Madras High Court in A.S. No. 262 of 1949.
A. V. Viswanatha Sastri, R. Sundaralingam and B. K. B. Naidu, for the appellant.
Ganapathy Iyer, V. A. Seyid Muhamad and T. M. Sen, for the respondent No. 1. 1961.
February 15.
The Judgmen... | IN-Abs | The appellant Devasthanam had certain properties, granted to it in inam by the Rajas of Tanjore centuries ago, which com prised salt pans.
After the passing of Regulation 1 of 1805 which prohibited manufacture of salt except on account of the Government or with their express sanction, the East India Company in 1806 too... | <s>[INST] Summarize the following judgement: Appeal No.371 of 1956.
Appeal from the Judgment and decree dated August 28, 1953, of the Madras High Court in A.S. No. 262 of 1949.
A. V. Viswanatha Sastri, R. Sundaralingam and B. K. B. Naidu, for the appellant.
Ganapathy Iyer, V. A. Seyid Muhamad and T. M. Sen, for the res... |
il Appeals Nos.
469, 470,506, 507 and 529 to 534 of 1962.
Appeals by special leave from the judgment and order dated December 18, 1961, of the Madhya Pradesh High Court in Misc.
Petition Nos. 24, 29, 42, to 45, 58, 70, 95 and 213 of 1960.
WITH Petitions Nos. 70 and 71 of 1962.
Petition under article 32 of the Constitut... | IN-Abs | The 1st appellant in the first batch of appeals had filed a writ petition in this Court challenging the notices calling upon him to pay the tax of 9 pies per ton on coal including coal despatched outside the State of Madhya Pradesh on two grounds, namely, that the levy of the tax by the Independent Mining Board was inv... | <s>[INST] Summarize the following judgement: il Appeals Nos.
469, 470,506, 507 and 529 to 534 of 1962.
Appeals by special leave from the judgment and order dated December 18, 1961, of the Madhya Pradesh High Court in Misc.
Petition Nos. 24, 29, 42, to 45, 58, 70, 95 and 213 of 1960.
WITH Petitions Nos. 70 and 71 of 196... |
Appeal No. 82 of 1957.
Appeal from the judgment and decree dated April 4, 1955, of the Calcutta High Court in Appeal from Appellate Decree No. 1224 of 1953.
G. section Pathak and D. N. Mukherjee, for the appellant.
H. N. Sanyal, Additional Solicitor General of India and P. K. Chatterjee, for the respondents.
February 1... | IN-Abs | The appellant was a contractual tenant of certain premises in the town of Calcutta of which the respondents were the owners.
The respondents called upon the appellant to vacate and deliver possession of the premises on the expiration of the period of tenancy but possession was not delivered and the respondents were una... | <s>[INST] Summarize the following judgement: Appeal No. 82 of 1957.
Appeal from the judgment and decree dated April 4, 1955, of the Calcutta High Court in Appeal from Appellate Decree No. 1224 of 1953.
G. section Pathak and D. N. Mukherjee, for the appellant.
H. N. Sanyal, Additional Solicitor General of India and P. K... |
iminal Appeals No,%.
79 and 89 of 1959.
Appeals by special leave from the judgment and order dated May 6,1959, of the Allhabad High Court in Criminal Appeal No. 1224 of 1957.
A. section R. Chari, B. K. Gary, D.P. Singh, section C. Agarvial and M. K. Ramamurthi, for the appellants.
G. C. Mathur and C. P. Lal for the res... | IN-Abs | In execution of a decree the Amin attached, inter alia, two buffaloes from the house of the judgment debtor and entrusted them to the custody of a sapurdar.
As the sapurdar had no accommodation in his house for keeping the buffaloes he kept them for the night in the enclosure of the decree holder with his permission.
E... | <s>[INST] Summarize the following judgement: iminal Appeals No,%.
79 and 89 of 1959.
Appeals by special leave from the judgment and order dated May 6,1959, of the Allhabad High Court in Criminal Appeal No. 1224 of 1957.
A. section R. Chari, B. K. Gary, D.P. Singh, section C. Agarvial and M. K. Ramamurthi, for the appel... |
minal Appeal No. 154 of 1959.
Appeal by special leave from the judgment and order dated March 27, 1959, of the Mysore High Court in Criminal Appeal No. 168 of 1956.
section N. Andley, J. B. Dadachanji, RameShwar Nath and Bavinder Narain, for the appellant.
B. Gopalakrishnan and T. M. Sen, for the respondent.
February 1... | IN-Abs | The question arising for determination was whether the Chairman of the Managing Committee of a Municipality who could order payment of bills for fixed recurring charges was a "public servant" within the meaning of section 21 of the Indian Penal Code.
Held, that the power to make payment of fixed recurring charges, such... | <s>[INST] Summarize the following judgement: minal Appeal No. 154 of 1959.
Appeal by special leave from the judgment and order dated March 27, 1959, of the Mysore High Court in Criminal Appeal No. 168 of 1956.
section N. Andley, J. B. Dadachanji, RameShwar Nath and Bavinder Narain, for the appellant.
B. Gopalakrishnan ... |
31 of 1959.
Petition 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, Pameshwar Nath and P. L. Vohra, for the petitioners.
B. Sen and I. N. Shroff, for the respondent.
February 10.
The Judgment of the Co... | IN-Abs | Section 51 of the Central Provinces Local Self Government Act, 1920 empowered a district council, subject to the previous sanction of the local Government, to impose "any tax, toll or rate, other than those specified in SS.
24, 48,49, and 50.
" On March 12, 1935, an Independent.
Mining Local Board functioning in the ar... | <s>[INST] Summarize the following judgement: 31 of 1959.
Petition 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, Pameshwar Nath and P. L. Vohra, for the petitioners.
B. Sen and I. N. Shroff, for the re... |
Appeal No. 65 of 1952.
Appeal from an award dated 17th November, 1951, made by the Labour Appellate Tribunal of India, Calcutta, in Appeal No.
280 of 1951.
K. P. Khaitan (Harnam Das, with him) for the appellant.
H. B. Asthana for the respondents.
Gopalji Mehrotra for the Intervener.
December 2.
The Judgment of the Cour... | IN-Abs | The time prescribed for making an award under the U. P. , expired on the 9th June, 1951.
The Government extended the period up to 30th June, 1951.
The 30th June was a public holiday and 1st July was a Sunday and the Industrial Tribunal pronounced its award on the 2nd July: Held, that an Industrial Tribunal to which a d... | <s>[INST] Summarize the following judgement: Appeal No. 65 of 1952.
Appeal from an award dated 17th November, 1951, made by the Labour Appellate Tribunal of India, Calcutta, in Appeal No.
280 of 1951.
K. P. Khaitan (Harnam Das, with him) for the appellant.
H. B. Asthana for the respondents.
Gopalji Mehrotra for the Int... |
Appeals Nos. 218 to 223 of 1959.
Appeals from the Judgment and Decree dated August 9, 1953, of the Bombay High Court in Appeals Nos. 605 and 606 of 1952 from Original Decrees.
B. B. Kotwal, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant (In C. As.
Nos. 218 and 219 of 59), Respond... | IN-Abs | The parties were members of a joint Hindu family possessed of considerable property movable and immovable.
They volun tarily appointed Panchas to determine the shares of the parties and to divide the property.
The Panchas first determined the shares of the parties and reduced the determination to writing.
It was accept... | <s>[INST] Summarize the following judgement: Appeals Nos. 218 to 223 of 1959.
Appeals from the Judgment and Decree dated August 9, 1953, of the Bombay High Court in Appeals Nos. 605 and 606 of 1952 from Original Decrees.
B. B. Kotwal, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellan... |
Appeals Nos.
421 to 423 of 1957.
Appeals from the judgment and order dated February 18, 1955, of the Allahabad High Court (Lucknow Bench), at Lucknow in F.A.F.O. Nos.
11 to 13 of 1953.
J. B. Dadachanji, for the appellant.
C. B. Agarwala and C. P. Lal, for the respondent.
February 6.
The Judgment of the Court was delive... | IN-Abs | Pursuant to an agreement between the parties a dispute relating to the supply of stone ballast was referred for adjudication to an arbitrator who was appointed under the agreement.
The arbitrator 's awards were contested by the appellants but the trial court held that the dispute was properly referred and the awards we... | <s>[INST] Summarize the following judgement: Appeals Nos.
421 to 423 of 1957.
Appeals from the judgment and order dated February 18, 1955, of the Allahabad High Court (Lucknow Bench), at Lucknow in F.A.F.O. Nos.
11 to 13 of 1953.
J. B. Dadachanji, for the appellant.
C. B. Agarwala and C. P. Lal, for the respondent.
Feb... |
Appeals Nos. 314 316 & 778 of 1957.
Appeals from the Judgment and Decree dated September 8, 1954, of the Calcutta High Court in appeal from Original Decree No. 159 of 1951.
section Chowdhury, B. Das and P. K. Ray Chaudhury, for the appellants in Civil Appeal No. 314 of 1957.
M. C. Setalvad, Attorney General for India, ... | IN-Abs | The Government of India entered into an agreement with the President of Argentine Institute for Promotion of Trade to supply Hessian in return for licences for.
shipment to India of food stuff purchased there and with a view to implement that agreement issued orders under r. 75A(i) of the Defence of India Rules, 1939, ... | <s>[INST] Summarize the following judgement: Appeals Nos. 314 316 & 778 of 1957.
Appeals from the Judgment and Decree dated September 8, 1954, of the Calcutta High Court in appeal from Original Decree No. 159 of 1951.
section Chowdhury, B. Das and P. K. Ray Chaudhury, for the appellants in Civil Appeal No. 314 of 1957.... |
Appeal No. 276 of 1956.
Appeal from the judgment and decree dated October 15, 1954, of the Allahabad High Court in Execution First Appeal No. 224 of 1951.
section P. Sinha and Tiryugi Narain for the appellants.
G. C. Mathur, for respondent No. 1. 1961.
February 20.
The Judgment of the Court was delivered by DAS GUPTA, ... | IN-Abs | A decree dated September 2, 1938, in a suit for partition of joint Hindu family property awarded a house to the share of one J and his four minor sons.
J failed to execute the decree.
On November 23, 1949, an application was made by the appellants, the four sons of J, for execution of the decree stating that three of t... | <s>[INST] Summarize the following judgement: Appeal No. 276 of 1956.
Appeal from the judgment and decree dated October 15, 1954, of the Allahabad High Court in Execution First Appeal No. 224 of 1951.
section P. Sinha and Tiryugi Narain for the appellants.
G. C. Mathur, for respondent No. 1. 1961.
February 20.
The Judgm... |
Appeal No. 112 of 1957.
Appeal by special leave from the judgment and decree dated January 28, 1954, of the Bombay High Court in First Appeal No. 69 of 1950.
Purshottam Trikamdas and Naunit Lal for the appellants.
C. K. Daphtary,Solicitor General of India, section N. Andley, J. B. Dadachanji and P. L. Vohra for respond... | IN-Abs | The manager of an undivided Hindu family consisting of himself, his brother and their step mother, instituted a suit for recovery of the amount due under a mortgage belonging to the family.
The step mother who was interested in the mortgagee right was not made a party to the suit.
Though the manager (the first plaintif... | <s>[INST] Summarize the following judgement: Appeal No. 112 of 1957.
Appeal by special leave from the judgment and decree dated January 28, 1954, of the Bombay High Court in First Appeal No. 69 of 1950.
Purshottam Trikamdas and Naunit Lal for the appellants.
C. K. Daphtary,Solicitor General of India, section N. Andley,... |
Appeal No. 759 of 1957.
Appeal from the judgment and Order dated June 26, 1957, of the Bombay High Court in Appeal No, 92 of 1956.
J. C. Bhatt, section N. Andley, J. B. Dadachanji, Rameshuar Nath and.
P. L, Vohra, for the appellants.
R. Ganapathy Iyer and D. Gupta, for respondent.
February 16.
The Judgment of Gajendrag... | IN-Abs | The disputes regarding bonus to be paid to the ' workmen of the appellant mill and other cotton textile mills in Greater Bombay for the year 1952 and 1953 were referred to the Industrial Court under the provisions of the Bombay Industrial Relations Act, 1946, and while the references were pending, an agreement was arri... | <s>[INST] Summarize the following judgement: Appeal No. 759 of 1957.
Appeal from the judgment and Order dated June 26, 1957, of the Bombay High Court in Appeal No, 92 of 1956.
J. C. Bhatt, section N. Andley, J. B. Dadachanji, Rameshuar Nath and.
P. L, Vohra, for the appellants.
R. Ganapathy Iyer and D. Gupta, for respo... |
Appeals .
101 to 104 of 1957.
Appeals from the judgment and order dated February 4, 1954, of the Mysore High Court in Regular, Second Appeals Nos. 5 and 6 of 1953 and Writ Petitions Nos. 67 and 68 of 1953 respectively.
H. N. Sanyal, Additional Solicitor General of India, R.Ganapathy Iyer and D. Gupta for the appellant.... | IN-Abs | On July 7, 1949, the then State of Mysore passed the Mysore Administration of Evacuee Property (Emergency) Act, 1949, providing, inter alia, for the appointment of a Custodian of Evacuee Property for the State of Mysore for the purpose of administering evacuee property in the State.
By section 6 all evacuee property ve... | <s>[INST] Summarize the following judgement: Appeals .
101 to 104 of 1957.
Appeals from the judgment and order dated February 4, 1954, of the Mysore High Court in Regular, Second Appeals Nos. 5 and 6 of 1953 and Writ Petitions Nos. 67 and 68 of 1953 respectively.
H. N. Sanyal, Additional Solicitor General of India, R.G... |
Appeal No. 369 of 1957.
Appeal from the judgment and decree dated the January 27, 1956, of the Allahabad High Court (Lucknow Bench) at Lucknow in Civil Misc.
Application No. 17 of 1954 (0. J.).
C. B. Agarwala and C. P. Lal, for the appellant.
V. D. Misra, for the respondent.
February 16.
, J. This is an appeal against ... | IN-Abs | The respondent executed an instrument and presented it to the Collector for his opinion under section 31 Stamp Act as to the duty chargeable.
The Collector,, after a reference to the Board of Revenue, determined the duty payable.
He then impounded the instrument and ordered that the ditty be deposited within 98 fifteen... | <s>[INST] Summarize the following judgement: Appeal No. 369 of 1957.
Appeal from the judgment and decree dated the January 27, 1956, of the Allahabad High Court (Lucknow Bench) at Lucknow in Civil Misc.
Application No. 17 of 1954 (0. J.).
C. B. Agarwala and C. P. Lal, for the appellant.
V. D. Misra, for the respondent.... |
Appeal No. 31 of 1957.
Appeal from the judgment and order date September 27, 1955, of the Jammu and Kashmir High Court in Misc.
Application No. 23 of 1955.
Jaswant Singh, Advocate General for the State of Jammu and Kashmir and R. H. Dhebar, for the appellant.
section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L... | IN-Abs | The Government of Jammu and Kashmir on the basis of the report of the commission of enquiry set up by it demoted the respondent who had been suspended earlier.
The respondent moved the Jammu and Kashmir High Court under article 32(2A) of the Constitution of India as applied to the State of Jammu and Kashmir for a writ,... | <s>[INST] Summarize the following judgement: Appeal No. 31 of 1957.
Appeal from the judgment and order date September 27, 1955, of the Jammu and Kashmir High Court in Misc.
Application No. 23 of 1955.
Jaswant Singh, Advocate General for the State of Jammu and Kashmir and R. H. Dhebar, for the appellant.
section N. Andl... |
Appeals Nos. 105 and 106 of 1957.
Appeals from the judgment and decree dated April 8, 1954, of the Assam High Court in Appeal from Appellate Decree Nos. 41 and 54 of 1951.
L. K. Jha and D. N. Mukherjee, for the appellant.
Naunit Lal, for respondents Nos. 1 to 12.
February 23.
The Judgment of the Court was delivered by ... | IN-Abs | The plaintiff appellant filed a suit alleging that the lands in suit were unauthorisedly transferred to the predecessors in title 121 948 of the respondents.
His contention was that the lands were granted to the Bardeuries (officials) of a certain ancient temple in Assam in order to enable them to render service to the... | <s>[INST] Summarize the following judgement: Appeals Nos. 105 and 106 of 1957.
Appeals from the judgment and decree dated April 8, 1954, of the Assam High Court in Appeal from Appellate Decree Nos. 41 and 54 of 1951.
L. K. Jha and D. N. Mukherjee, for the appellant.
Naunit Lal, for respondents Nos. 1 to 12.
February 23... |
l Appeal No. 89 of 1952.
Appeal by 'special leave from the Judgment dated June 27, 1951, of the Labour Appellate Tribunal of India at Calcutta in Appeals Nos.
94 and 142 of 1950 arising out of the Award of the Second Industrial Tribunal, Madras (published in the Fort St. George Gazette, Madras, dated October 3, (1950).... | IN-Abs | Where the night shift operatives of a department of a textile mills stopped work from about 4 p.m. up to about 8 p.m. on a certain day, the apparent cause of the strike being that the management of the mills had expressed its inability to comply with the request of the workers to declare the forenoon of that day as a h... | <s>[INST] Summarize the following judgement: l Appeal No. 89 of 1952.
Appeal by 'special leave from the Judgment dated June 27, 1951, of the Labour Appellate Tribunal of India at Calcutta in Appeals Nos.
94 and 142 of 1950 arising out of the Award of the Second Industrial Tribunal, Madras (published in the Fort St. Geo... |
Appeal No. 624 of 1960.
Appeal by special leave from the judgment and order dated May 30, 1960 of the Mysore High Court in Civil Revision Petition No. 1098 of 1959.
K. R. Karanth and R. Gopalakrishnan, for the appellant.
A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopalakrishnan, for the respondent.
B. R. L. Iyen... | IN-Abs | The question was whether the defendant was entitled to raise a grievance and contest the valuation of the properties in dispute as if it were a matter in issue between the plaintiff and himself and could seek to invoke the High Court in its revisional jurisdiction against the order adjudging 'court fees payable on the ... | <s>[INST] Summarize the following judgement: Appeal No. 624 of 1960.
Appeal by special leave from the judgment and order dated May 30, 1960 of the Mysore High Court in Civil Revision Petition No. 1098 of 1959.
K. R. Karanth and R. Gopalakrishnan, for the appellant.
A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopa... |
Appeal No. 451 of 1960.
Appeal from the judgment and order dated September 18, 1957, of the Bombay High Court in I.T.R. No. 8 of 1957.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
894 Bishan Narain, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the respondent,.
February 21.
The Jud... | IN-Abs | Against an order imposing penalty under section 46(1) of the Indian Income tax Act on account of failure to pay an instalment of Income tax, an appeal was preferred.
Though the memorandum of appeal was presented with the period of limitation, the tax was paid after the period of limitation prescribed for presenting the... | <s>[INST] Summarize the following judgement: Appeal No. 451 of 1960.
Appeal from the judgment and order dated September 18, 1957, of the Bombay High Court in I.T.R. No. 8 of 1957.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
894 Bishan Narain, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Voh... |
Appeal No. 434 of 1960.
Appeal by special leave from the judgment and order dated October 4, 1956, of the Hyderabad High Court in I.T.R. No. 116/5 of 1954 55.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
A, V. Viswanatha Sastri, S.N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the responden... | IN-Abs | The Income tax Officer found that the respondents ' books of accounts were unreliable and after assessing income for Fasli year 1357, corresponding to the year 1946 47, issued notice to the respondents on December 22, 1949, under section 40 of the Hyderabad Income tax Act to show cause why penalty should not be levied ... | <s>[INST] Summarize the following judgement: Appeal No. 434 of 1960.
Appeal by special leave from the judgment and order dated October 4, 1956, of the Hyderabad High Court in I.T.R. No. 116/5 of 1954 55.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
A, V. Viswanatha Sastri, S.N. Andley, J. B. Dadachanji, Rame... |
Appeal No. 77 of 1957.
Appeal from the judgment and decree dated the August 6, 1954, of the Calcutta High Court in Appeal from Original Decree No. 73 of 1952.
M. C. Setalvad, Attorney General for India, W. section Barlingay and A. 0.
Ratnaparkhi, for the appellant.
A.V. Viswanatha Sastri and P. K. Chatterjee, for respo... | IN-Abs | In a mortgage suit brought by him, the respondent 1, the mortgagee, pleaded that limitation was saved by a letter written to him by the mortgagor, the respondent 2, which amounted to acknowledgment under section 19 of the Indian Limitation Act.
There was a prior mortgage and before writing the letter in question the mo... | <s>[INST] Summarize the following judgement: Appeal No. 77 of 1957.
Appeal from the judgment and decree dated the August 6, 1954, of the Calcutta High Court in Appeal from Original Decree No. 73 of 1952.
M. C. Setalvad, Attorney General for India, W. section Barlingay and A. 0.
Ratnaparkhi, for the appellant.
A.V. Visw... |
Appeal No. 272 of 1956.
Appeal from the judgment and decree dated June 28, 1954, of the former Nagpur High Court, in First Appeal No. 107 of 1946.
M. C. Setalvad, Attorney General for India, Purshottam Trikamdas, section T. Khirwadkar and I. N. Shroff for the appellant.
Achhru Ram, A. R. Chaubey and Naunit Lal for the ... | IN-Abs | One Ramchandar executed a simple mortgage deed without possession of his share in the property in dispute in favour of the respondents and others the relevant Portion of which ran thus :" I do hereby mortgage without possession half share, five annas and four pies, area 678 31 acres, jama sarkar Rs. 326/10/8 together w... | <s>[INST] Summarize the following judgement: Appeal No. 272 of 1956.
Appeal from the judgment and decree dated June 28, 1954, of the former Nagpur High Court, in First Appeal No. 107 of 1946.
M. C. Setalvad, Attorney General for India, Purshottam Trikamdas, section T. Khirwadkar and I. N. Shroff for the appellant.
Achh... |
Appeals Nos. 173 to 175 of 1960.
134 Appeals from the judgment and orders dated March 11, 1958, of the Bombay High Court in I. T. R. No. 36 of 1957.
of. A. V. ViSwanatha Sastri, section M. Dubash and G. Gopalakrishnan, for the appellants.
K. N. Rajagopal Sastri and D. Gupta, for respondents.
March 1.
The Judgment of th... | IN-Abs | The appellants were partners in a registered firm which was dissolved on March 24, 1945.
A private limited company succeeded to the business of the firm from March 25, 1945.
For the accounting period April 1, 1944, to March 24, 1945, the firm was assessed to excess profits tax under the Excess Profits Tax Act, 1940.
It... | <s>[INST] Summarize the following judgement: Appeals Nos. 173 to 175 of 1960.
134 Appeals from the judgment and orders dated March 11, 1958, of the Bombay High Court in I. T. R. No. 36 of 1957.
of. A. V. ViSwanatha Sastri, section M. Dubash and G. Gopalakrishnan, for the appellants.
K. N. Rajagopal Sastri and D. Gupta,... |
Appeal No. 395 of 1959.
Appeal by special leave from the Award dated November 25, 1957 of the Industrial Tribunal, Bombay, in Reference (I. T.) No. 24 of 1956.
N. C. Chatterjee, D. H. Buch and K. L. Hathi, for the appellants.
M. C. Setalvad, Attorney General for India, J. B. Dadachanji and section N. Andley, for the re... | IN-Abs | Section 20(1) of the (XXVII of 1953), read with the proviso, is a perfectly reasonable provision and in the interest of the employees and it is not correct to say that it can apply only to the direct recruits of the existing air 812 companies and not at all to loaned employees working under them.
The two conditions of ... | <s>[INST] Summarize the following judgement: Appeal No. 395 of 1959.
Appeal by special leave from the Award dated November 25, 1957 of the Industrial Tribunal, Bombay, in Reference (I. T.) No. 24 of 1956.
N. C. Chatterjee, D. H. Buch and K. L. Hathi, for the appellants.
M. C. Setalvad, Attorney General for India, J. B.... |
Appeal No. 264 of 1960.
Appeal by special leave from the Award dated October 12, 1959, of the Industrial Tribunal, Bombay in Reference (IT) No. 81 of 1959.
section T. Desai, Sukumar Ghose and B. N. Ghose, for the appellant.
C. L. Dhudia and K. L. Hathi, for the respondents.
April 3.
The Judgment of the Court was, deliv... | IN-Abs | One Bbanu Bala had joined the appellant 's service as a workman in 1929 and resigned in 1957.
During this period of his service he had remained absent from duty without permis sion or leave for nearly 8 months between February, 1945, to 718 October, 1945.
Under an Award made between the company and its workmen a scheme... | <s>[INST] Summarize the following judgement: Appeal No. 264 of 1960.
Appeal by special leave from the Award dated October 12, 1959, of the Industrial Tribunal, Bombay in Reference (IT) No. 81 of 1959.
section T. Desai, Sukumar Ghose and B. N. Ghose, for the appellant.
C. L. Dhudia and K. L. Hathi, for the respondents.
... |
Appeals Nos.
41 44 of 1960.
182 Appeals 'by special leave from the judgment and order dated April 13, 1956, of the former Nagpur High Court in Misc.
Civil Case No. 27 of 1954.
K. N. Rajagopal Sastri and D. Gupta, for the appel.
J. M. Thakar, section N. Andley, Rameshwar Nath, P. L. Vohra and J. B. Dadachanji, for the r... | IN-Abs | A scheme for the distribution of cloth was evolved by the Deputy Commissioner of the District who appointed a group of persons as sole agents for the import of cloth from Mills and distribution of the same to retailers.
Though for different periods the group was differently constituted, one of the members, firm 'H ' re... | <s>[INST] Summarize the following judgement: Appeals Nos.
41 44 of 1960.
182 Appeals 'by special leave from the judgment and order dated April 13, 1956, of the former Nagpur High Court in Misc.
Civil Case No. 27 of 1954.
K. N. Rajagopal Sastri and D. Gupta, for the appel.
J. M. Thakar, section N. Andley, Rameshwar Nath... |
Appeal No. 20 of 1960.
Appeal from the judgment and decree dated September 5, 1956, of the Judicial Commissioner 's Court at Ajmer in Civil First Appeal No. 3 of 1956.
B. D. Sharma, for the appellant.
M. C. Setalvad, Attorney General of India, C. L. Agarwala, M. K. Ramamurthy, R. K. Garg, D. P. Singh and section C. Aga... | IN-Abs | The appellant filed a suit for the recovery of money as price of goods supplied against the Ex Ruler of Jaipur.
Subsequently section 87 B was introduced in the Code of Civil Procedure making the provisions of section 86 in respect of suits against rulers of foreign States applicable to the rulers of former Indian State... | <s>[INST] Summarize the following judgement: Appeal No. 20 of 1960.
Appeal from the judgment and decree dated September 5, 1956, of the Judicial Commissioner 's Court at Ajmer in Civil First Appeal No. 3 of 1956.
B. D. Sharma, for the appellant.
M. C. Setalvad, Attorney General of India, C. L. Agarwala, M. K. Ramamurth... |
Case No. 275 of 1951.
Appeal under article 132 (1) of the Constitution of India from the Judgment and Order dated April 11, 1951, of the High Court of Judicature at Calcutta (Das Gupta and Mookerjee JJ.) in Criminal Revision Case No. 1028 of 1950 arising out of the Order dated November 23, 1950, of the Presidency Magis... | IN-Abs | The Essential Supplies (Temporary Powers) Act, 1946, a temporary Act which was being extended from time to time after the date of its first expiry, for a year at a time, was extended up to the 31st March, 1951, from the 31st March, 1950, by a resolution passed by the Constituent Assembly (Legislative) at a meeting held... | <s>[INST] Summarize the following judgement: Case No. 275 of 1951.
Appeal under article 132 (1) of the Constitution of India from the Judgment and Order dated April 11, 1951, of the High Court of Judicature at Calcutta (Das Gupta and Mookerjee JJ.) in Criminal Revision Case No. 1028 of 1950 arising out of the Order dat... |
Appeals Nos. 235 and 236 of 1960.
Appeals from the judgment and decree dated January 23, 1959 of the Assam High Court at Gauhati in Civil Rules Nos. 138 and 139 of 1958.
N. C. Chatterjee, Amjad Ali and K. R. Chaudhari, for the appellant (in C. A. No. 235 of 1960).
D. N. Mukherjee, for the appellant (In C. A. No. 236 of... | IN-Abs | These appeals arose out of.
two petitions filed in the High Court under article 226 of the Constitution challenging the constitutional validity of the Assam Fixation of Ceiling on Land Holding Act, 1957.
The High Court in dismissing the petitions held that the impugned Act was protected by Art, 31A of the Constitution.... | <s>[INST] Summarize the following judgement: Appeals Nos. 235 and 236 of 1960.
Appeals from the judgment and decree dated January 23, 1959 of the Assam High Court at Gauhati in Civil Rules Nos. 138 and 139 of 1958.
N. C. Chatterjee, Amjad Ali and K. R. Chaudhari, for the appellant (in C. A. No. 235 of 1960).
D. N. Mukh... |
Appeal No. 86 of 1957.
Appeal from the judgment and decree dated April 13, 1955, of the Madras High Court in A. section No. 673 of 1950.
M. C. Setalvad, Attorney General for India, M. section K. Sastri, section Gopalaratnam and section Narasimhan, for T. K. Sundara Raman, for the appellant.
A. V. Viswanatha Sastri and ... | IN-Abs | One Viswanatha Iyer who had two minor daughters but no male issue treated his brother Seetharama Iyer 's son, the appel lant, as a foster son and before his death made a will by which he left the management of his properties to his brother and provided that as soon as his minor daughters attained majority Seetharama sh... | <s>[INST] Summarize the following judgement: Appeal No. 86 of 1957.
Appeal from the judgment and decree dated April 13, 1955, of the Madras High Court in A. section No. 673 of 1950.
M. C. Setalvad, Attorney General for India, M. section K. Sastri, section Gopalaratnam and section Narasimhan, for T. K. Sundara Raman, fo... |
Appeal No. 375 of 1956.
Appeal from the judgment and decree dated July 27, 1953, of the Madras High Court, in A. section No. 623 of 1949.
A. V. Viswanatha Sastri and section Venkata Krishnan, for the appellants.
M. C. Setalvad, Attorney General for India, R. Ganapathy Iyer and G. Gopalakrishnan, for the respondent.
Feb... | IN-Abs | The appellant and the respondent entered into a written partnership with respect to the managing agency business of two mills, the terms of which were, inter alia, that the management shall be carried on in rotation once in four years, the appellant to manage for the first four years and thereafter the respondent to ma... | <s>[INST] Summarize the following judgement: Appeal No. 375 of 1956.
Appeal from the judgment and decree dated July 27, 1953, of the Madras High Court, in A. section No. 623 of 1949.
A. V. Viswanatha Sastri and section Venkata Krishnan, for the appellants.
M. C. Setalvad, Attorney General for India, R. Ganapathy Iyer a... |
87 of 1957.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights.
B. D. Sharma, for the petitioner.
N. section Bindra, R H. Dhebar and T. M. Sen, for the respondents.
March 7.
The Judgment of the Court was delivered by MUDHOLKAR, J.
In this petition under article 32 of the Consti... | IN-Abs | The petitioner purchased some land from R. R. was declared to be an intending evacuee and be left for Pakistan.
The Assistant Custodian issued a 'notice to the petitioner to show cause why the land should not be declared to be evacuee property, and after hearing the petitioner he declared the land to be evacuee propert... | <s>[INST] Summarize the following judgement: 87 of 1957.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights.
B. D. Sharma, for the petitioner.
N. section Bindra, R H. Dhebar and T. M. Sen, for the respondents.
March 7.
The Judgment of the Court was delivered by MUDHOLKAR, J.
In... |
Appeal No 621 of 1960.
Appeal.
by special leave from the Award dated January 15, 1960, of the Industrial Tribunal, Bombay, in Reference (I.T.) No. 94 of 1959, 712 B. Sen and I. N. Shroff, for the appellant.
C. L. Dhudia and K. L. Hathi, for the respondent.
April 3.
The Judgment of the Court was delivered by GAJENDRAGAD... | IN-Abs | The Industrial Tribunal, on a reference under section 12 Of the , framed a gratuity scheme for the appellant company.
The company challenged the validity of some of the provisions of the scheme on the grounds, inter alia, (1) that the scheme was framed on the basis of the units, while it should have been done on indust... | <s>[INST] Summarize the following judgement: Appeal No 621 of 1960.
Appeal.
by special leave from the Award dated January 15, 1960, of the Industrial Tribunal, Bombay, in Reference (I.T.) No. 94 of 1959, 712 B. Sen and I. N. Shroff, for the appellant.
C. L. Dhudia and K. L. Hathi, for the respondent.
April 3.
The Judgm... |
Appeals Nos.
148 to 150 of 1960.
Appeals by special leave from the judgment and order dated October 31, 1956, of the former Nagpur High Court in Misc.
Civil Case No. 184 of 1953.
K. N. Rajagopala Sastri and D. Gupta, for the appellants.
J. M. Phakar, section N. Andley, J. B. Dadachanji and Bameshwar Nath, for the respo... | IN-Abs | For the accounting year 1941 the assessee 's profits from his share in an unregistered firm were,.
set off against his losses in the individual business and the Income Tax Officer determined the loss to be carried forward at RS.
53,840, but did not notify to the assessee by order in writing the amount of the loss as co... | <s>[INST] Summarize the following judgement: Appeals Nos.
148 to 150 of 1960.
Appeals by special leave from the judgment and order dated October 31, 1956, of the former Nagpur High Court in Misc.
Civil Case No. 184 of 1953.
K. N. Rajagopala Sastri and D. Gupta, for the appellants.
J. M. Phakar, section N. Andley, J. B.... |
minal Appeal No. 109 of 1960.
Appeal by special leave from the judgment and order dated April 18, 1958, of the Andhra Pradesh High Court in Criminal, Misc.
Petition No. 1421 of 1957.
H. J. Umrigar and T. M. Sen, for the appellant.
The respondent did not appear.
March 8.
The Judgment of the Court was delivered by MUDHOL... | IN-Abs | The High Court quashed the charges framed against the respondents.
The charge sheet stated that accused 1 to 9 had committed offenses under section 12oB of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, and that accused No. had committed offenses under SS.
5(1)(c) and 5, (i)(d) of the... | <s>[INST] Summarize the following judgement: minal Appeal No. 109 of 1960.
Appeal by special leave from the judgment and order dated April 18, 1958, of the Andhra Pradesh High Court in Criminal, Misc.
Petition No. 1421 of 1957.
H. J. Umrigar and T. M. Sen, for the appellant.
The respondent did not appear.
March 8.
The ... |
Appeals Nos. 666 and 667 of 1957.
N. C. Chatterjee and G. C. Mathur, for the appellant.
A. V. Viswanatha Sastri, K. N. Rajagopala Sastri and T. M. Sen, for the respondents.
March 8.
The judgment of the Court was delivered by HIDAYATULLAH, J.
These two appeals raise a common question of law, and it is convenient to deal... | IN-Abs | The appellant had two money claims against the Maharaja of Mayurbhanj State.
From January 1, 1949, the State merged with the Province of Orissa.
Clause 9 of the Administration of Mayurbhanj State Order, 1949, promulgated by the Government of Orissa, provided for the issuing of a notification for calling upon all person... | <s>[INST] Summarize the following judgement: Appeals Nos. 666 and 667 of 1957.
N. C. Chatterjee and G. C. Mathur, for the appellant.
A. V. Viswanatha Sastri, K. N. Rajagopala Sastri and T. M. Sen, for the respondents.
March 8.
The judgment of the Court was delivered by HIDAYATULLAH, J.
These two appeals raise a common ... |
Appeals Nos.
7 to 9 of 1959.
Appeals by special leave from the judgment and order dated June 25,1955, in cases Nos.
0551 R CG/ 54, 0602 R/CG/54 and 0503 R/CG/54 of 1954.
Achhru Ram and B. R. L. Ayengar, for the appellants.
Gopal Singh and T. M. Sen, for the respondents.
March 10.
The Judgment of the Court was delivered... | IN-Abs | The appellants exchanged their property in Pakistan with the property of an evacuee in India.
They applied for confir mation of the transaction which was granted by the Deputy Custodian.
Later, the Custodian revised the order and set aside the confirmation and ordered the ejectment of the appellants from the properties... | <s>[INST] Summarize the following judgement: Appeals Nos.
7 to 9 of 1959.
Appeals by special leave from the judgment and order dated June 25,1955, in cases Nos.
0551 R CG/ 54, 0602 R/CG/54 and 0503 R/CG/54 of 1954.
Achhru Ram and B. R. L. Ayengar, for the appellants.
Gopal Singh and T. M. Sen, for the respondents.
Marc... |
Appeal No. 270 of 1960.
Appeal from the judgment and order dated February 21, 1956, of the Andhra Pradesh High Court in Case Reference No. 4 of 1955.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
H. J. Umrigar, Thiyagaraja and G. Gopalakrishnan, for the respondents.
March 10.
The Judgment of the Court was del... | IN-Abs | The respondents were entitled to a rebate of sales tax on goods purchased by them and used in their manufacturing process.
They had adopted the system which was permissible under law, 233 of paying sales tax provisionally assessed by the Sales Tax Officer on the basis of turnover of the previous year, the liability bei... | <s>[INST] Summarize the following judgement: Appeal No. 270 of 1960.
Appeal from the judgment and order dated February 21, 1956, of the Andhra Pradesh High Court in Case Reference No. 4 of 1955.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
H. J. Umrigar, Thiyagaraja and G. Gopalakrishnan, for the respondents... |
riminal Ap.
peal No. 82 of 1952.
Appeal under article 132 (1) of the Constitution of India from the Judgment and Order dated June 10, 1952, of the High Court of Judicature for the State of Punjab at Simla (Bbandari and Khosla JJ.) in Criminal Writ No. 144 of 1951.
M. C. Setalvad (Attorney General for India) and C. K. D... | IN-Abs | The Abducted Persons (Recovery and Restoration) Act (Act LXV of 1949) does Dot infringe article 14, article 16, article 19 (1) (d), (e) and (g), article 21 or article 22 of the Constitution and is not unconstitutional on the ground that it,contravenes any of these provisions.
The physical restraint Put upon an abducted... | <s>[INST] Summarize the following judgement: riminal Ap.
peal No. 82 of 1952.
Appeal under article 132 (1) of the Constitution of India from the Judgment and Order dated June 10, 1952, of the High Court of Judicature for the State of Punjab at Simla (Bbandari and Khosla JJ.) in Criminal Writ No. 144 of 1951.
M. C. Seta... |
Appeal No. 66 of 1959.
Appeal by special leave from the judgment and order dated the February 1, 1958, of the Deputy Custodian General, Evacuee Property, New Delhi, in No. 1017 R/ Judl/Punj.
Achhru Ram and M. L. Kapur, for the appellants.
N. section Bindra and T. M. Sen, for the, respondents.
March 8.
The Judgment of t... | IN-Abs | The Custodian of Evacuee Property, Patiala, took possession of two houses under the provisions of the Patiala Evacuees (Administration of Property) Ordinance of Samvat 2004 (No. IX of 2004) but on the appellant claiming the houses as belonging to him they were released in his favour by the Custodian by an order dated J... | <s>[INST] Summarize the following judgement: Appeal No. 66 of 1959.
Appeal by special leave from the judgment and order dated the February 1, 1958, of the Deputy Custodian General, Evacuee Property, New Delhi, in No. 1017 R/ Judl/Punj.
Achhru Ram and M. L. Kapur, for the appellants.
N. section Bindra and T. M. Sen, for... |
Appeal No. 490 of 1957.
Appeal from the judgment and decree dated March 22,1954, of the Allahabad High Court in Civil Misc.
Writ No. 7854 of 1951.
G. section Pathak, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
C. B. Agarwala, G. C Mathur and C. P. Lal, for respondents Nos. 1 ... | IN-Abs | There were certain charges of immorality, corruption and gross dereliction of duty against the appellant who was a police officer.
After an enquiry, the Governor of U. P. referred the case under section 4 Of the U. P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947, to a Tribunal.
The Tribunal recommende... | <s>[INST] Summarize the following judgement: Appeal No. 490 of 1957.
Appeal from the judgment and decree dated March 22,1954, of the Allahabad High Court in Civil Misc.
Writ No. 7854 of 1951.
G. section Pathak, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
C. B. Agarwala, G. C ... |
Appeal No. 535 of 1958.
Appeal from the judgment and order dated March 29,1955, of the Assam High Court in I.T.R. No. 1 of 1954.
A.V. Viswanatha Sastri and D. N. Mukherjee, for the appellants.
Hardayal Hardy and D. Gupta for the respondent.
March 13.
The Judgment of the Court was delivered by HIDAYATULLAH, J.
This appe... | IN-Abs | The assessee, a Hindu undivided family, owned a tea estate in Assam comprising a tea garden, factories, labour, quarters, staff quarters etc.
On February 27, 1942, the military authorities requisitioned all the factory buildings etc., under the Defence of India Rules but the tea garden, however, was left in the possess... | <s>[INST] Summarize the following judgement: Appeal No. 535 of 1958.
Appeal from the judgment and order dated March 29,1955, of the Assam High Court in I.T.R. No. 1 of 1954.
A.V. Viswanatha Sastri and D. N. Mukherjee, for the appellants.
Hardayal Hardy and D. Gupta for the respondent.
March 13.
The Judgment of the Cour... |
Appeal No. 424 of 1960.
Appeal from the judgment and order dated March 25, 1958, of the Madras High Court in case Referred No. 62 of 1957.
A.V. Viswanatha Sastri, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
252 H. N. Sanyal, Additional Solicitor General of India, K. N. Rajagopala Sastri and D. ... | IN-Abs | A partnership consisting of four persons was formed on March 31, 1949, which was to come to an end on March 31, 1954.
On July 27, 1951, a fifth partner was taken into the partnership.
On March 29, 1954, a new partnership was entered into taking in a sixth partner will) contributed Rs. 40,000 as his share to the capital... | <s>[INST] Summarize the following judgement: Appeal No. 424 of 1960.
Appeal from the judgment and order dated March 25, 1958, of the Madras High Court in case Referred No. 62 of 1957.
A.V. Viswanatha Sastri, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
252 H. N. Sanyal, Additional Solicitor Gene... |
12 of 1959.
Petition under article 32 'of the Constitution of India for enforcement of fundamental rights.
R.Gopalakrishnan, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the petitioners.
C.K. Daphtary, Solicitor General of India, B. Ganapathy Iyer and T. M. Sen, for the respondents.
March 14... | IN-Abs | The petitioner who was a, registered dealer under the Orissa Sales Tax Act, 1947, was carrying on the business of purchasing and reselling castor seeds, etc., in the State of Orissa.
Under a declaration given by him for the purpose of obtaining his registration certificate the goods purchased by him in Orissa were to b... | <s>[INST] Summarize the following judgement: 12 of 1959.
Petition under article 32 'of the Constitution of India for enforcement of fundamental rights.
R.Gopalakrishnan, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the petitioners.
C.K. Daphtary, Solicitor General of India, B. Ganapathy Iyer... |
Appeal No. 754 of 1957.
Appeal by special leave from the judgment, and order dated September 29, 1954, of the Deputy Custodian General, Evacuee Property, in Revision Petition No. 321 R/ADCG/53.
Achhru Ram and K. L. Mehta, for the appellant.
Bishan Narain, T.N. Sethia A. N. Arora and K. R. Choudhury, for respondent No. ... | IN-Abs | The appellant and the respondent, who were displaced persons from West Pakistan, were allotted lands in the same village.
At the instance of certain persons, the first allotment was cancelled and there was a re allotment.
The respondent was aggrieved by this order and on September 27, 195o, he filed a review applicatio... | <s>[INST] Summarize the following judgement: Appeal No. 754 of 1957.
Appeal by special leave from the judgment, and order dated September 29, 1954, of the Deputy Custodian General, Evacuee Property, in Revision Petition No. 321 R/ADCG/53.
Achhru Ram and K. L. Mehta, for the appellant.
Bishan Narain, T.N. Sethia A. N. A... |
Appeal No. 119 of 1957.
Appeal by special leave from the judgment and decree dated March 3, 1955, of the Orissa High Court in Appeal No. 593 of 1950.
B. Patnaik, for the appellants.
D. N. Mukherjee, for the respondents.
March 14.
The Judgment of the Court was delivered by SUBBA RAO, J.
This is an appeal by special leav... | IN-Abs | Usufructuary mortgage bond was executed in favour of the father of the appellant who was put in possession of the mortgaged property.
One of the terms of the usufructuary mortgage was that in case of failure of payment of rent by the mortgagor, the mortgagee was to pay off the arrears of rent to the landlord, which obl... | <s>[INST] Summarize the following judgement: Appeal No. 119 of 1957.
Appeal by special leave from the judgment and decree dated March 3, 1955, of the Orissa High Court in Appeal No. 593 of 1950.
B. Patnaik, for the appellants.
D. N. Mukherjee, for the respondents.
March 14.
The Judgment of the Court was delivered by SU... |
77 of 1958.
Petition Under article 32 of the Constitution of India for enforcement of Fandamental Rights.
Bhavani Lal and P. C. Agarwala, for the petitioners.
C.K. Daphtary, Solicitor General of India, B. Ganapathy Iyer and T. M. Sen, for the respondents.
March 14.
The Judgment of the Court was delivered by S.K. DAS, J... | IN-Abs | The validity of section 8A of the Bengal Finance (Sales Tax (Delhi Amendment) Act, 956, enabling the Commissioner of Sales Tax to demand security from dealers for payment of tax was challenged by the petitioners on the grounds that (i) the section gave undefined, unlimited and unrestricted power to the commissioner, (i... | <s>[INST] Summarize the following judgement: 77 of 1958.
Petition Under article 32 of the Constitution of India for enforcement of Fandamental Rights.
Bhavani Lal and P. C. Agarwala, for the petitioners.
C.K. Daphtary, Solicitor General of India, B. Ganapathy Iyer and T. M. Sen, for the respondents.
March 14.
The Judgm... |
iminal Appeals Nos.
57 and 58 of 1960.
Appeals by special leave from the judgment and order dated November 5/6, 1958, of the Bombay High Court at Nagpur in Criminal Appeal No. 94 of 1958.
Jai Gopal Sethi and G. C. Mathur, for the appellant (in Cr. A. No. 57 of 1960).
G. C. Mathur, for the appellant (in Cr. A. No. 58 of... | IN-Abs | On the date fixed for the inquiry the prosecution intimated to the Magistrate that it did not intend to examine any witness in the Magistrate 's Court.
The Magistrate adjourned the inquiry to consider whether it was necessary to record any evidence before commitment.
On the adjourned date he expressed his opinion that ... | <s>[INST] Summarize the following judgement: iminal Appeals Nos.
57 and 58 of 1960.
Appeals by special leave from the judgment and order dated November 5/6, 1958, of the Bombay High Court at Nagpur in Criminal Appeal No. 94 of 1958.
Jai Gopal Sethi and G. C. Mathur, for the appellant (in Cr. A. No. 57 of 1960).
G. C. M... |
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