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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 the Court was deliv...
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 company wer...
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 Judge of Haza...
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 mortg...
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 the Court was delivered by GA...
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 l...
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 This is an appeal ...
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 the Incom...
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 December 14 The Judg...
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 delive...
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 VA Seyid Muhamad and Sardar Bahadur for the appellant CK Daphtary Solicitor General of India Thomas Vellapally section N Andley J B Dadachanji Rameshwar Nath and P L ...
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 sp...
Appeals Nos 134 to 137 of 1959 Appeals by special leave from the judgment and order dated September 201957 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 the respondent January ...
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 sp...
Appeal No 3151958 Appeal by special leave from the judgment and order dated February 5 1957 of the Bombay High Court in ITR No 341956 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 ail appeal against the judgm...
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 trust s...
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 December 16 The Judgment...
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 National ...
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 427R Judl A V Viswanatha Sastri and R Ganapathy Iyer for the appellant HN SanyalAdditional Solicitor General of India N SBindra and D Gupta for the respondent January 1...
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 person...
Appeals Nos 142 and 143 of 1960 Appeals from the judgment and order dated July 21 1955 of the Madras High Court in CR 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 These are two ap...
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 was extended t...
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 K Ramamurthi for the appella...
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 which ar...
72 of 1950 Petition under article 32 of the Constitution of India for a writ of mandamus VKT Chari JS Dawdo Alladi Kuppuswami and CR Pattabhi Raman for the petitioner MC Setalvad Attorney General for India G N Joshi with him for opposite party Nos 1 and 2 GN Joshi for opposite party Nos 3 to 5 and 7 to 10 1950 December...
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 administrative o...
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 Civil Appeal ...
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 commun...
Appeal No449 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 Judicature at Patna...
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 on the a...
Appeals Nos 158 to 164 of 1960 Appeals from the judgment and order dated October 8 1958 of the Bombay High Court in ITA 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 D Gupta for the responden...
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 t...
90 of 1956 Petition under article 32 of the Constitution of India for enforcement of Fundamental rights R V section Mani for the petitioner NS 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 the Constitution for...
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 merged with ...
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 No 1101P ...
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 five o...
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 Vohrafor the respondent January 19 The Judgment of the Court was delivered...
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 571 of the Bombay Police Act passed an order externing him from the limits of Greater Bombay Later he was prosecuted and convicted under se...
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 KB Bagchi and SN Mukherjee for the respondents January 16 The Judgment of the Court was ...
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 the com...
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 261951 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 Hidayatullah Das Gupta and Sh...
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 Sub...
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 of India T V ...
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 71 of the Act read with rule 39 of the rules framed thereunder the respondent ...
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 Court was delivered ...
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 buildingwas not liable for attachmen...
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 heard the learned C...
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 of the p...
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 MC Setalvad Attorney Genera...
A police officer made a report under section 11 of the Essential Supplies Temporary Powers Act 1946 regarding a contravention of cl 11 BIII 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 appellants who were r...
Appeal No 84 of 1958 Appeal by special leave from the judgment and order dated December 2223 1955 of the Calcutta High Court in ITR 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 delivered by SHAH J Messrs N...
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 of th...
Appeal No 2041956 Appeal from the judgment and decree dated February 23 1951 of the Madras High Court in O section Appeal No 131948 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 January 27 The Judgment of the Co...
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 appe...
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 January 13 The Judgment o...
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 and his...
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 1a and 2 1961 January 25 The Judgment of the Court was delivered by KAPUR J This is ...
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 2531 of the Code of Criminal Procedure The Sessions judge on a petition in revision filed by the complainan...
Appeal No 23460 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 respondent No 1 G C Mathur and R...
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 shall...
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 J This is an app...
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 taxe...
Appeal No 221 of 1956 Appeal from the judgment and decree dated August 51955 of the Bombay High Court in Appeal No 128X 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 This appeal which has c...
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 i...
l Appeal No 3131956 Appeal from the judgment and decree dated July 251952 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 Sambhu Ram as agen...
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 ILR 5 6 Pat 106 7 1953 ILR K All 64 8 Pat 653 Bank which the company had by a resolution authorised the Managing Agents to operate on The Managing Agents had no other account with the sai...
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 CA No 416 of 58 and respondent No 1 In CA No 19...
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 w...
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 HIDAYATULLAH J Mahabir Pr...
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 w...
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 Additional District Judge ...
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 the r...
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 respondents H N Sanyal Additi...
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 take charge of ...
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 1960 L K Jha and sectio...
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 collect a...
Appeal No 364 of 1957 Appeal from the judgment and order dated February 22 1956 of the former Bombay High Court in ITR No 311955 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 an appeal by seven appell...
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 of An...
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 32413 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 Suits Nos 55 of 1...
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 sm...
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 Dadachanji and Ram...
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 ...
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 Vohra for the responden...
Lands in four villages forming part of the Cis Sutlej jagir were compulsorily acquired under the East Punjab Acquisition and Requisition ofImmovable 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 in lie...
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 Judgment of the Court...
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 4ibiii of the Income tax Act The assessee contended that to attract the application of s...
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 Judgment of the Court was ...
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 w...
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 Rameshwar Nath and P L Vohr...
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 platforms f...
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 LK Jha K P Bhandari and Harbans Singh for the appellants Darya Datt Chawla for respondent Nos 1i to iii February 9 The Judgment of the Court was delivered...
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 981 of the City of Bangalore Municipal Corporation Act Objections were invited and the appellants filed their objections to the tax Final resolution in re...
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 Subordinate Ju...
Order 32 r 72 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 71 is voidable only at the instance of the minor and not at the instance of any other party to it Such contraven...
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 BNaidu for respondent No 1 M B K Pillai for respondent No 2 1961 February...
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 ju...
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 Judgment of the Court was de...
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 Although...
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 of the Court was deliv...
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 pr...
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 PC Agarwala for respondents Nos 1 and 2 1961 February 14 The Judgment of the Court was delivered b...
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 41 of the Act the Central Government was empowered to issue a notification with reference t...
Appeal No371 of 1956 Appeal from the Judgment and decree dated August 28 1953 of the Madras High Court in AS 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 Judgment of the Court was delivere...
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 The...
il Appeals Nos 469 470506 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 Constitution of India for e...
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 took ov...
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 10 The Judgment of ...
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 inval...
iminal Appeals No 79 and 89 of 1959 Appeals by special leave from the judgment and order dated May 61959 of the Allhabad High Court in Criminal Appeal No 1224 of 1957 A section R Chari B K Gary DP Singh section C Agarvial and M K Ramamurthi for the appellants G C Mathur and C P Lal for the respondent 77 1961 February 1...
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 unab...
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 16 The Judgment of ...
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 Early...
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 Court was delivered by A...
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 as p...
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 Court was delivered by ...
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 4849 and 50 On March 12 1935 an Independent Mining Local Board functioning in the area in which the...
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 Respondent No 1 In C As Nos 22...
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 dispute is...
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 FAFO 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 delivered by SHAH J These thre...
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 accepted ...
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 R Ganapathy Iyer a...
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 were...
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 J This appeal ra...
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 75Ai of the Defence of India Rules 1939 on the...
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 DaphtarySolicitor General of India section N Andley J B Dadachanji and P L Vohra for respond ents Nos I and 2...
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 them had ...
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 Gajendragadkar Subba Rao Wanchoo ...
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 plaintiff did...
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 RGanapathy Iyer and D Gupta for the appellant A V Visvanatha...
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 arrived ...
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 the judgment and order of ...
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 vested in t...
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 Vohra for respond...
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 days...
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 GAJENDRAGADKAR J...
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 322A of the Constitution of India as applied to the State of Jammu and Kashmir for a writ int...
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 N C Chatterjee...
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 de...
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 Iyengar and T M Sen for ...
Where the night shift operatives of a department of a textile mills stopped work from about 4 pm up to about 8 pm 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 holida...
Appeal No 451 of 1960 Appeal from the judgment and order dated September 18 1957 of the Bombay High Court in ITR 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 Judgment of the Court was del...
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 p...
Appeal No 434 of 1960 Appeal by special leave from the judgment and order dated October 4 1956 of the Hyderabad High Court in ITR No 1165 of 1954 55 K N Rajagopal Sastri and D Gupta for the appellant A V Viswanatha Sastri SN Andley J B Dadachanji Rameshwar Nath and P L Vohra for the respondents February 22 The Judgment...
Against an order imposing penalty under section 461 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 appe...
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 AV Viswanatha Sastri and P K Chatterjee for respondent No 1 1961 Marc...
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 in ad...
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 respondents Februar...
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 mortgago...
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 the Court was delivered b...
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 326108 together with Khud...
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 respondent Nos 1 and 2 M C Set...
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 had depos...
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 delivered by GAJENDRAGADKAR ...
Section 201 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 its app...
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 respondent March 6 The Ju...
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 was f...
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 Agarwal for the respondents I ...
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 remaine...
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 Magistrate 8th Co...
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 States...
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 1960 section M Lahiri A...
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 on the 20th...
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 R Gopalakrishnan for ...
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 The ...
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 February 27 The Judgmen...
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 shoul...
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 Constitution the petit...
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 manage...
Appeal No 621 of 1960 Appeal by special leave from the Award dated January 15 1960 of the Industrial Tribunal Bombay in Reference IT 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 GAJENDRAGADKAR J Two demands made b...
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 property An ...
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 respondents March 7 The J...
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 industry cum r...
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 MUDHOLKAR J The State ...
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 53840 but did not notify to the assessee by order in writing the amount of the loss as computed...
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 with them together T...
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 52 of the Prevention of Corruption Act 1947 and that accused No had committed offenses under SS 51c and 5 id of the Prevention of C...
Appeals Nos 7 to 9 of 1959 Appeals by special leave from the judgment and order dated June 251955 in cases Nos 0551 R CG 54 0602 RCG54 and 0503 RCG54 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 MUDHOLKAR J These are...
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 persons havin...
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 delivered by 30 234 S...
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 wh...
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 Daphtary Solicitor ...
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 being ...
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 JudlPunj Achhru Ram and M L Kapur for the appellants N section Bindra and T M Sen for the respondents March 8 The Judgment of the Court was delivered...
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 itcontravenes any of these provisions The physical restraint Put upon an abducted person in the pro...
Appeal No 490 of 1957 Appeal from the judgment and decree dated March 221954 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 and 3 March 6 The Judgment...
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 June 6 1...
Appeal No 535 of 1958 Appeal from the judgment and order dated March 291955 of the Assam High Court in ITR No 1 of 1954 AV 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 appeal which has been fi...
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 recommended on Februar...
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 AV 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 Gupta for the responden...
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 possession of the as...
12 of 1959 Petition under article 32 of the Constitution of India for enforcement of fundamental rights RGopalakrishnan section N Andley J B Dadachanji Rameshwar Nath and P L Vohra for the petitioners CK Daphtary Solicitor General of India B Ganapathy Iyer and T M Sen for the respondents March 14 The Judgment of the Co...
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 40000 as his share to the capital In the part...
12 of 1959 Petition under article 32 of the Constitution of India for enforcement of fundamental rights RGopalakrishnan section N Andley J B Dadachanji Rameshwar Nath and P L Vohra for the petitioners CK Daphtary Solicitor General of India B Ganapathy Iyer and T M Sen for the respondents March 14 The Judgment of the Co...
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 be resol...
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 RADCG53 Achhru Ram and K L Mehta for the appellant Bishan Narain TN Sethia A N Arora and K R Choudhury for respondent No 1 1961 March 14 The Judg...
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 application befor...
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 leave against the ju...
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 obliga...
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 CK 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 SK DAS J This is a writ pet...
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 ii no limit...