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Appeal No. 101 of 1959.
Appeal by special leave from the judgment and order dated November 8, 1957, of the Deputy Custodian General, Evacuee Property, Now Delhi Revision Petition No. 17 R/55 of 1955.
Achhru Ram and K. L. Mehta for the appellants.
B.K., Khanna and, T. M. Sen, for the respondent No. 1.
N.S. Bindra and A.... | The appellants who are displaced persons from West Pakistan, were granted quasi permanent allotment of some lands in village Raikot in 1949.
On October 31, 1952, the Assistant Custodian cancelled the allotment of 14 allottees in village Karodian, and also cancelled the allotment of the Appellants in Raikot but allotted... |
Appeal No. 52 of 1957.
Appeal from the judgment and decree dated April 22, of 1953, of the Patna High Court in Appeal from Original Decree No. 162 of 1946.
K.N. Bhattacharya and P. K. Chatterjee, for appellants.
N.C. Chatterjee, A. V. Viswanatha Sastri, R. section Chatterji and D. N. Mukherjee, for respondents Nos. 2 t... | The appellants and the respondents were owners of adjoining collieries and the suit out of which the present appeal arose was one brought by the respondents for certain reliefs on the allegation that the appellants had encroached upon their coal mines and removed coal from the encroached portion and that they came to k... |
Appeals Nos. 45 and 46 of 1959.
Appeal by special leave from the judgment and order dated March 25, 1957, of the former Bombay High Court in Appeal No. 16 of 1957.
Q. K. Daphtary, Solicitor General of India, H. J. Umrigar and D. Gupta, for the Apellant (In C. A. No. 45 of 59) and Respondent (In C. Appeal No. 46 of 59).... | The respondents firm claimed exemption from Sales Tax under article 286(i)(b) of the Constitution in respect of sales 925 made by them of cotton and castor oil on the ground that the sales were on F.O.B. contracts under which they continued to be the owners of the goods till those crossed the custom barrier and entered... |
ION: Criminal Appeal 89 of 1961.
Appeal by special leave from the judgment and order dated December 8, 1960, of the Allahabad High Court in Criminal Appeal No. 1782 of 60 and Referred No. 125 of 1960, section K. Kapur, for the appellant, G. C. Mathur and C. P. Lal, for the respondent.
December 19.
The Judgment of the C... | The appellant was tried for murder.
The facts established were that there were quarrels between the appellant and the deceased over the purchase of a cycle and in a play of cards that the appellant had purchased a sword a day earlier and that he had deposited the sword stained with human blood at the police station sho... |
Civil Appeal No. 50 of 1961.
Appeal by special leave from the Award dated March 10, 1959, of the Industrial Tribunal.
Kozhikode, in I.D. No. 89 of 1958.
A. V. Viswanatha Sastri and T. V. R. Tatachari, for the appellant, Janardan Sharma, for the resondents.
January 29.
The Judgment of the Court was delivered by WANCHOO.... | S, employed by the appellant as a cross cutter in the saw mill was asked to show cause why his services should not be terminated on account of grave indiscipline and misconduct and he denied the allegations of fact.
He was thereafter informed about a department enquiry to be held against him and was suspended pending e... |
iminal Appeals Nos.
160 to 162 of 1960.
Appeals by special leave from the judgment and order dated January 20, 1960 of the Allahabad High Court in Criminal Government Appeals Nos.
2011 to 2013 of 1958.
B. C. Misra and P. K. Chakravarti, for the appellant.
G. C. Mathur and C. P. Lal, for the respondent.
September 27.
Th... | The appellant, a postman, and I,is father were living in the same house.
Certain undelivered postal articles were re covered from an almirah in the house, the key of which was produced by the father.
The appellant was tried and convicted of an offence under section 52 Post Offices Act for secreting postal articles.
The... |
l Appeals Nos.
15 to 19 of 1962.
Appeal from the Judgment and order dated October 10, 1958, of the Bombay High Court in Income tax Reference No. 22 of 1 958.
H. N. Sanyal,, Additional Solicitor General of India, N. D. Karkhanis and R. N. Sachthey, for the appellant.
701 A. V. Viswanatha Sastri, J. B. Dadachanji, O. C. ... | Sub section (1) of section 24B of the Indian Income tax Act, 1922, provided that where a person dies his heirs and legal representatives ate liable to pay out of the estate of the deceased the tax assessed as payable by the deceased or any tax which would have been payable under the Art by the deceased if he had not di... |
Appeals, Nos. 275 276 of 1963.
Appeals by special leave from the judgment and order dated May 2, 1960 of the Kerala High Court in Income tax Referred case No. 98 of 1955(M).
section T. Desai, C. V. Mahalingam, B. Parthasarathi and J. B. Dadachanji, for the appellant (in both the appeals).
K. N. Rajagopal Sastri and R. ... | By section 25 (4) of the Income tax Act, "Where the person who was at the commencement of the Indian Income tax (Amendment) Act, 1939.
carrying on any business, profession or vocation in which tax was at any time charged under the provisions of the Indian Income tax Act, 1918, is succeeded in such capacity by another p... |
Appeals Nos. 884 887 of 1962.
Appeals from the judgment and decree dated May 2, 1960, of the Rajasthan High Court in Civil Second Appeal Nos.
268 of 1954, 203 of 1955, 4 of 1954 and 27 of 1954.
section K. Kapur and B. R. G. K. Achar, for the appellant 'in allthe appeals).
R. P. Modi and R. K. Garg, for the respondents ... | In 1947, the Dholpur State acceded to the Dominion of India.
Later on, it was merged with other States and as a result of that merger, the Matsya Union was formed on March 18, 1948.
One of the provisions of the merger agreement was that the existing laws in the Covenanting States were to be continued till such time as ... |
Appeal No. 251 of 1963.
Appeal by special leave from the judgment and order dated March 20, 1957, of the Patna High Court in Civil Revision No. 40 of 1956.
M. C. Setalvad, and R. C. Prasad, for the appellants.
The respondent did not appear.
March 24, 1964.
The short question which arises in this appeal is whether the t... | In pursuance of an award made by an Industrial Tribunal fixing the pay of the employees at Rs. 2/2/ per day, the management of the appellant had entered into an agreement with its workmen, that the effect would be given to the wage structure prescribed by the said award.
In spite of the award and the agreement, the app... |
Appeal No. 513 of 1963.
Appeal by special leave from the Award dated December 1961 of the Maharashtra Industrial Tribunal in Reference (I.T.) No. 48 of 1961.
section V. Gupte, Additional Solicitor General, C. L. Dudhia, K. T. Sule, Atiqur Rahman and K. L. Hathi, for the appel lants.
425 M. C. Setalvad, N. V. Phadke, J.... | Shortly after the extension of the age of retirement from 55 to 58 subject to the employee passing a medical examination at 55 in the respondent company 's Head Office at Calcutta, their workmen at Bombay branch raised an industrial dispute claiming the extension of their age of retirement from 55 to 60.
The dispute wa... |
Appeal No. 68 of 1964.
Appeal from the judgment and decree dated July 27, 1959 of the Allahabad High Court in Income tax Reference No. 307 of 1957.
S.V. Gupte, Solicitor General, R. Ganapathy Iyer and R.N. Sachthey, for the appellant.
A.V. Viswanatha Sastri and S.P. Varma, for the respondent.
The Judgment of the Court ... | The respondent was the head of a Hindu undivided family and was the descendant of a Jagirdar.
Certain disputes between the Jagirdar and the Zamindars in the district had been settled in 1837 by a compromise between the British Government and the then Jagirdar, whereby, the Government granted the Jagirdar and his heirs ... |
ivil Appeal No. 325 of 1965.
Appeal by special leave from the Award dated September 20, 1963 of the Central Government Industrial Tribunal, Bombay in Reference CG IT 25 of 1962.
section V. Gupte, Solicitor General, M. Rajagopalan and K. R. Choudhuri, for the appellants.
C. B. Agarwala, J. B. Dadachanji, O. C. Mathur an... | The respondent had under its control several docks.
The trustees Of the respondent introduced a two shift system of work and that resulted in the crew working in some docks getting 4 hours of overtime in some docks 3 hours of overtime and in others 2 hours of overtime only.
In the last category the 12 hours shift wag d... |
Appeals Nos. 1008 and 1009 of 1965.
Appeals by special leave from the orders dated April 1, 1965 of the Central Government Labour Court, Jullundur, in cases Nos. 409 of 1963 respectively.
C. K. Daphtary, Attorney General, section V. Gupte, Solicitor General, Niren De, Addl.
Solicitor General, K. B. Mehta, V. Sagar, H. ... | The respondent employees made applications under section 33C(2) of the Industrial Disputes Act for determination and computation of the benefit to which they were entitled under the National Industrial Tribunal (Bank Disputes) Award (Desai Award) as they were not satisfied with the fixation of their pay by the appellan... |
Appeal No. 801 of 1963.
Appeal by special leave from the judgment and decree dated September 2, 1959 of the Madras High Court in Second Appeal No. 774 of 1957.
T. V. R. Tatachari, for the appellants.
P. Raghaviah and R. Ganapathy Iyer, for the respondents.
The Judgment of the Court was delivered by Gajendragadkar, C.J.... | The lands in dispute had been granted in inam to a temple.
By about 1929 the then manager of the temple disposed of all those properties under various sale deeds, resigned his position and left the village.
He was therefore removed from the management of the temple and other persons had taken up the position as de fact... |
Appeal No. 381 of 1966.
Appeal by special leave from the judgment and order dated October 7, 1965 of the Punjab High Court (Circuit Bench) at Delhi in Civil Writ No. 1626 C of 1965.
M. C. Setalvad, R. K. Garg and section C. Agarwala, for the appellants.
C. K. Daphtary, Attorney General, B. R. L. Iyengar, R. K. P. Shank... | The Company Law Board was constituted under Section 10E of the , and the Central Government delegated some of its powers under the Act, including those under Section 237, to the Board.
The Government also framed rules under Section 642(1) read with Section 10E(5) called the Company Law Board (Procedure) Rules 1964, Rul... |
il Appeal Nos. 931 and 1149 of 1965.
Appeals from the judgment and decree dated July 31, 1964 of the Calcutta High Court in Appeal from Original Decree No. 613 of 1962.
N. C. Chatterjee, Janaradan Sharma, K. B. Rohtagi and section Balakrishnan, for the appellant (in C.A. No. 931 of 1965) and the respondent (in C. A. No... | When item 40 of Part 13 of the Schedule to the Constitution (Scheduled Castes) Order, 1950, declared "Sunris excluding Sahas" as a Schduled Caste, it indicates that men of Sunri caste but not those within that caste who formed the smaller caste group of Sahas, are members of a Scheduled Caste.
It does not indicate that... |
Appeal No. 696 of 1966.
Appeal by special leave from the judgment and order dated September 13, 1963 of the Madras High Court in Writ Appeal No. IO of 1962.
P. Ram Reddy and A. V. Rangam, for the appellant.
R. Ganapathy Iyer, for the respondent.
The Judgment of the Court was delivered by Ramaswami, J.
The question of l... | By a registered instrument dated October 5, 1956, the respondent purchased the business carried on by a dealer as defined in the Madras General Sales Tax Act IX of 1939.
The dealer had been assessed to sales tax in respect of his turnover for the years 1948 49 and 1949 50 and had paid a part of the sales tax determined... |
Appeal No. 1375 of 1966.
Appeal from the judgment and order dated October 22, 1965 of the Bombay High Court Nagpur Bench in Special Civil Application No. 355 of 1964.
M. N. Phadke and Naunit Lal, for the appellant.
B. R. Agarwala and section B. Nerkar, for respondent No. 1.
A. K. Sen, A. section Bobde, G. L. Sanghi, an... | The appellant Panchayat levied octroi duty on goods coming within its limits by following the procedure laid down in rr. 3 and 4 of the Maharashtra Village Panchayats Taxes and Fees Rules 1960.
Although the resolution finally levying octroi was passed on February 25, 1963 and the octroi limits were fixed by resolution ... |
Appeal No. 787 of 1964.
Appeal from the judgment and decree dated January 5, 1961 of the Calcutta High Court in Appeal from Appellate Decree No. 1012 of 1955.
A.K. Sen and D. N. Mukherjee, for the appellant.
Sukumar Ghose, for respondent No. 1.
The Judgment of WANCHOO, C. J. and MITTER, J. was delivered by MITTER, J. B... | In June 1948 the appellant instituted a suit against the first respondent and others for their ejectment from the property in suit, On February 28, 1949 the Calcutta Thika Tenancy Act came into force.
The first respondent was not a thika tenant within the definition therefore of given in the Act.
The suit was decreed b... |
ivil Appeals No. 625630 of 1967.
Appeals by special leave from the judgment and order dated ' March 6, 1967 of the Orissa High Court in O.J.C. Nos.
495 and 496 of 1966, and 3, 4, 27 and 28 of 1967 respectively.
C.K. Daphtary, Attorney General, N.S. Bindra, G. Rath and R.N. Sachthey, for the appellant (in all the appeal... | The Orissa Superior Judicial Service consisted of 15 posts.
10 of which were District and Sessions Judges or Additional District and Sessions Judges; of the other five, one was Registrar of the High Court and four were officers of the State Government.
P, one of the District and Sessions Judges was posted as Superinten... |
ases Nos. 297 and 298 of 1951.
Appeals under article 132 (1) of the Constitution from the judgment and order dated 28th August, 1951, of the High Court of Judicature at Calcutta (Harries C.J., Chakravarthi, Das, Banerjee and S.R. Das Gupta JJ.) in Civil Revision Cases Nos. 942 and 1113 of 1951.
The facts of the case an... | The West Bengal Special Courts Act (X of 1950) was entitled "An Act to provide for the speedier trial of cer tain offences," and the object of the Act.
as declared in the preamble, was "to provide for the speedier trial of certain offences".
Section 3 of the Act empowered the State Government by notification in the off... |
iminal Appeal No.112 of 1965.
Appeal by special leave from the jurisdiction and order dated April 29, 1965 of the Allahabad High Court in Criminal Misc. 'Contempt Case No. 43 of 1965.
A. section R. Chari, M. K. Ramamurthi, Vineet Kumar and Shyamala Pappu, for the appellants.
O. P. Rana, for respondent No. 1.
J. P. Goya... | M, an accused person in certain proceedings pending before the Nyaya Panchayat filed a petition under article 227 in the High Court and obtained a stay of the proceedings on December 20, 1963 .
Thereafter when the Panchayat met to proceed with the matter, he made an application supported by a document purporting to be ... |
Appeal No. 390 of 1966.
Appeal by special leave from the Award, dated January 11, 13, 1964 of the Industrial Tribunal, Orissa, Cuttack in Industrial Dispute Case No. 8 of 1962.
D.L. Sengupta, Janardan Sharma, Anil Das Chowdhury and S.K. Nandy, for the appellants.
H.R. Gokhale, K. Gobind Das, N.C. Shah, Krishna Sen and ... | An industrial dispute regarding fixation of wages and bonus, between the respondent paper mills and its workmen, the appellants, was referred to the Industrial Tribunal in October, 1962, and the reference included a dispute about bonus payable for the years 1962 63 and 1963 64.
The Tribunal held: (1 ) that there were i... |
Appeal No. 647 of 1966.
Appeal by special leave from the judgment and decree dated June 19, 24, 1963 of the Gujarat High Court in Appeal No. 704 of 1960 from Appellate Decree.
P. K. Chatterjee and section P. Nayar, for the appellant.
I. N. Shroff, for respondent No. 1.
section K. Dholakia and Vineet Kumar, for responde... | The first respondent while he was holding the post of a Senior Jailor in March, 1954, was suspended on the allegations that he had committed certain acts of misappropriation and maltreatment of prisoners.
After January, 1955.
A show cause notice was then issued to him to which he replied by a written statement.
The res... |
No. 65 of 1969.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights.
section V. Gupte, P. A. Choudhury and K. Rajendra Chaudhuri, for the petitioners.
M. C. Setalvad, P. Ramachandra, Rao, Advocate General, Andhra Pradesh, A. Raghubir and A. V. Rangam, for respondent No. 1.
M. C.... | The Parliament enacted the Public Employment (Requirement as to Residence) Act, 1957 in pursuance of cl.
(3) of article 16 of the Constitution of India making special provision for requirement as to residence in public employment.
Section 3 of the Act gave the power to make rules in respect of certain classes of employ... |
Appeal No. 1940 of 1967.
Appeal by special leave from the judgment and order dated April 17, 27, 1967 of the Gujarat High Court in Civil Revision Application 328 of 1967.
section T. Desai and I. N. Shroff for the appellants.
M. P. Amin, P. M. Amin, P. N. Dua and J. B. Dadachanji, for respondent No. 1.
R. P. Kapur, for ... | R and F who held a cinema building in Ahmedabad on lease entered on November 27, 1954 into an agreement with respondent No. 1 giving the latter a right to exhibit cinematograph films in the said building.
Later respondent No. 1 filed 'suit No. 149 of 1960 to assert his right to exhibit films in the building.
The suit r... |
Appeal No. 949 of 1966.
Appeal by special leave from the judgment and order dated September 11, 1964 of the Madras High Court in Tax Case No. 181 of 1962.
M. C. Chagla and B. R. Agarwala, for the appellant.
section T. Desai, R. N. Sachthey and B. D. Sharma, for the respondent.
[The appeal was originally heard by J. C. ... | The appellants we 're a registered partnership firm engaged in money lending business as well as business in certain chemical goods, and silk yarn.
Another firm had a current account with the appellants between the samvat years 2003 and 2008.
At the end of the latter year the said account had a debit balance of Rs. 268... |
l Misc.
Petitions Nos.
401/and 4012 of 1968.
Applications by respondent No. 1 for revocation of the certificate granted by the Madras High Court on 15th October, 1968 under article 133(1)(a) & (b) of the Constitution of India.
AND Civil Appeals Nos. 2183 and 2184 of 1968.
Appeals from the judgment and order elated Octo... | M/s Tarapore & Co. who were plaintiffs in a suit applied for an interim injunction restraining the first defendant in the suit from taking any steps in pursuance of a letter of credit opened in favour of the second defendant.
A single judge of the High Court granted an interim injunction restraining encashment of the l... |
o. 196 of 1954.
Under article 32 of the Constitution of India for the enforcement of fundamental rights.
P. R. Das and K. P. Khaitan, (B. Sen, A. K. Mukherjea and B. P. Maheswari, with them) for the petitioner.
C. K. Daphtary, Solicitor General for lndia, (Porus A. Mehta and P. G. Gokhale, with ', him) for the responde... | Sub section (4) of section 5 of the Taxation on Income (Investigation Commission) Act, 1947, does not deal with the same class of persons as are said to have been grouped together in subsection (1) of section 5 of the Act as persons who to a substantial extent evaded payment of taxation on income.
On a plain reading of... |
Appeal No. 1671 of 1966.
Appeal from the judgment and decree dated March 31, 1965 of the Madras High Court in Appeal No. 276 of 1962.
M.K. Ramamurthi, Vineet Kumar, L Ramamurthy and Shyamala Pappu, for the appellant.
A.V. Rangam, for the respondents.
425 The Judgment of the Court was delivered by Ramaswami, J.
This app... | The appellant was elected as a trustee of a temple for one year.
The temple was rounded two hundred years ago by the members of the community and according to the usage of the temple, the trustees were elected for one year, at a meeting of the members of the community.
On the question whether the appellant has a heredi... |
N: Criminal Appeal No. 87 of 1967.
721 Appeal by special leave from the judgment and order dated January 24, 1967 of the High Court of Mysore in Criminal Appeal .No.
29 of 1965.
A. section R. Chari and R. V. Pillai, for the appellants.
Shyamala Pappu and section P. Nayar, for the respondent.
The Judgment of the Court w... | Two carts loaded with cloth returning alongwith others from a weekly village market were looted by 20 or more persons.
The houses of 20 persons including the 14 appellants were searched and the looted cloth was recovered from their Possession.
They were tried and held guilty Linder section 395 of the Indian Penal Code.... |
Appeal No. 1311 of 1967.
Appeal by special leave from the judgment and order dated January 17, 1967 of the Patna High Court in C.W.J.C. No. 952 of 1966.
M. C. Chagla, N. D. Karkhanis, section P. Chowdhury, Bhuvanesh Kumari, for the appellant.
section C. Manchanda, R. N. Sachthey and B. D. Sharma, for the respondent.
Th... | The appellant, a partnership firm, filed its return of income for the assessment year i960 61 and subsequently produced before the Incometax Officer its relevant books of accounts and papers.
It also produced before him the statement showing various creditors from whom it had borrowed on Hundis during the accounting ye... |
Appeal No. 1653 of 1967.
Appeal from the judgment and order dated February 23, 1967 Of the Delhi High Court in C.W. No. 403 D of 1959.
B. Sen, P. L. Juneja, R. N. Sachthey and section P. Nayer, for the appellant.
Sardar Bahadur and Yougindra Khushalani, for the respondent.
The Judgment of the Court was delivered by Sik... | The respondent, a commissioned officer in the Indian Army, was found to have committed acts of gross misconduct by a Court of Inquiry.
The Chief of the Army Staff was of the opinion that his trial by a General Court Martial was inexpedient, and the respondent was removed from service after following the procedure under... |
iminal Appeal No. 48 of 1954.
1303 Appeal by Special Leave granted by the Supreme Court by its Order dated the 31st July 1953 from the Judgment and Order dated the 15th May 1953 of the High Court of Judicature for the State of Pepsu at Th, Patiala in Criminal Appeal No. 140 of 1952 arising out of the Judgment and Order... | It is not every offence committed by a public servant that requires sanction for prosecution under section 197 (1) of the Code of Criminal Procedure nor even every act done by him while he is actually engaged in the performance of his official duties; but if the act complained of is directly concerned with his official... |
N: Criminal Appeal No. 34 of 1970.
Appeal by certificate under Article 134(1)(c) of the Constitution of India from the judgment and order dated 18 3 1969 of the Andhra Pradesh High Court in Criminal Revision Case No. 360 of 1968.
F. section Nariman, Additional Solicitor General of India and A. V. Rangam, for the appell... | Section 220 of the , which corresponds to section 134 of the 1913 Act, provides that within thirty days after the balance sheet and profit and loss account, as the case may be, have been laid before the company at the general meeting.
three copies thereof shall be filed with the registrar and that failure to do so is p... |
Appeal No. 1604 of 1967.
From the judgment and order dated the 8th February, 1967 of Le Delhi High Court in Civil Writ No. 531 D of 1964.
P.P. Rao and R. N. Sachthey, for the appellants.
G.P. Pai, P. C. Bhartari and O. C. Mathur, for respondents nos.
1 & 2.
The Judgment of the Court was delivered by SARKARIA J.
Whether... | The respondent was required by the Chief Inspector of Shops and Establishments to register its establishment ' under the Delhi Shops and Establishments Act, 1954.
The respondent contended that it was not an 'establishment ' which is defined in section 2(9) as meaning 'a shop or a commercial estab lishment ' and did not... |
Civil Appeal No. 159 of 1974.
From the Judgment and Order dated 4 4 1973 of the Punjab and Haryana High Court at Chandigarh in R.S.A. No. 1482 of 1961.
488 N. N. Goswamy and Arvind Minocha, for the appellant.
Kapil Sibbal and D. Probir Mitra, for respondents.
The Judgment of the Court was delivered by MATHEW, J.
This i... | The appellant filed the suit on the basis that as the Mahant of a Dera he was entitled to possession and management of the properties of its branch Dera.
The defendant contended that it was an independent Dera and that he was in possession of the properties as its lawfully appointed Mahant.
The trial court decreed the ... |
N: Criminal Appeal No. 425 1974.
Appeal by Special Leave from the Judgment and order dated the 22nd July 1974 of the Madras High Court at Madras in Criminal Appeal No. 24 of 1974 and Referred Trial No. 3 of 1974.
A. N. Mulla, K. Jayaram and P. Chandrasekhar for the Appellant. , A. V. Rangam and Miss A. Subhasini for th... | The appellant along with "J" & '.T" was charged for offences u/s 120B/109/ 302 I.P.C. as well as 302/34 I.P.C. The trial which proceeded in the absence of absconding "T", resulted in the conviction and both the accused were sentenced to death sentence.
On a reference and appeals by the accused the High Court acquitted ... |
ivil Appeal Nos.
630 631 of 1971.
Appeals by Special Leave from the Judgment and order dated the 19 1 1970 of the Andhra Pradesh High Court in Tax Revision Cases Nos 46 and 47 of 1969.
V. section Desai, Mrs. Vimla Markandeyulu and G. N. Rao for the Appellant.
P. Ram Reddy and P. P. Rao for the Respondents.
The Judgment... | Entry 4 of the I Schedule of the Andhra Pradesh General Sales Tax Act, 1957, reads: Cinematographic equipment including. parts and accessories required for use therewith.
on the question whether Arc Carbons, known as 'Cinama Arc Carbons ' manufactured by the appellant fall under the entry and their sales were, there fo... |
Civil Appeal No. 1231 of 1968.
Appeal by special leave from the judgment and order dated the 20th December 1962 of the High Court of Judicature at Bombay in Civil Appeal No. 151 of 1960.
B. D. Bal with A. G. Ratnaparkhi, for the appellant.
V. section Desai with M. N. Shroff for section P. Nayar, for respondent.
The Jud... | The principles of law for determination of the question whether an endowment is public or private are: (1) In a private trust, the beneficiaries are specific individuals who are ascertained or capable of being ascertained; in a private trust, they are the general public or a class thereof which is incapable of being as... |
Appeal No. 1951 of 1975.
Appeal by Special Leave from the Award of the Industrial Tribunal, Gujarat in Reference (II) No. 30 of 1974, pub lished in the Gujarat Govt.
Gazette dated 23 10 1975 and Civil Appeal No. 631 of 1976 Appeal by Special leave from the Award of the Industrial Tribunal, Gujarat in Ref.
(II) No. 158 ... | The workmen 's demand for grant of sick leave and its accumulation upto a period was rejected by the employers on the ground that the provided more than adequate sickness benefits, and that any additional benefits would place a financial burden on the industry and would adversely affect other industries in the region.
... |
N: Criminal Appeals Nos.
39 40 of 1976.
(From the Judgment and Order dated 1 12 1975 of the Punjab and Haryana High Court in Criminal Original Nos.
13 Crl. of 1975 and 14 Crl. of 1975).
D. Mookherjee and Harbans Singh and V.M. Jain, for the appellants.
Deven Chetan Das, Advocate General, Haryana and R.N. Sachthey, for ... | The appellants wrote a letter to the President of India, with copies to some others including the Chief Jus tice of Punjab and Haryana High Court, criticising, the behaviour of a High Court Judge, who, during his visit to the Sessions Division of Bhivani, spoke against the Govern ment 's policies and canvassed for a co... |
Civil Appeal No. 1744 of 1968.
(Appeal by Special Leave from the Judgment and Order dated 14 6 1967 of the Mysore High Court in Writ Petition No. 440/65).
Mrs. Shyamala Pappu and Girish Chandra, for the Appellant.
Narayana Nettar, for Respondents 4 and 5. 3 1338SCI/76 828 The Judgment of the Court was delivered by BEG,... | (1 ) When a provisional inter State seniority list is prepared for integrating services after States re organisa tion, there is a possibility of some mistakes occurring about the facts of a case or in the .application of the relevant statute or rules or executive directions governing seniority.
It would, therefore, be ... |
270 of 1955.
Under Article 32 of the Constitution of India for a Writ in the nature of Habeas Corpus.
Hemendra Shah, J. B. Dadachanji and Rajinder Narain, for the petitioner.
M. C. Setalvad, Attorney General of India, C. K. Daphtary, Solicitor General of India, (B. Sen and R. H. Dhebar, with them) for the respondent No... | The assesses carrying on business in the City of Bombay was assessed to income tax for the years 1943 44 to 1947 48 and 1951 52 by the Income tax Officer C 1 Ward Bombay.
As the assessee did not pay the income tax due the Income tax Officer issued in April 1951 to the Additional Collector of Bombay a recovery certifica... |
Appeal No. 205 of 1954.
On appeal from the judgment and order dated the 978 13th April 1954 of the Bombay High Court in Appeal No. 49 of 1954 arising out of the order dated the 31st day of March 1954 of the said High Court exercising its Ordinary Original Jurisdiction in Misc.
Petition No. 55 of 1954.
K. T. Desai, P. N... | By section
,12, sub section 1, of the (XXXI of 1950) as amended by Act XLII of 1954, notwithstanding anything contained in any other law for the time being in force, the Custodian may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any evacuee property is held or occ... |
Appeal No. 182 828 of 1975.
Appeal by Special Leave from the Judgment and Order dated the 19th March, 1975 of the Bombay High Court in First Appeal No. 524 of 1966 from original decree.
R. B. Datar for the Appellant.
V. N. Ganpule and (Mrs.) V. D. Khanna for the respondent.
The Judgment of the Court was delivered by CH... | Khandappa Sangappa Magdum died on June 27, 1960 leaving behind, his widow Hirabai, two sons Gurupad and Shivapad and three daughters.
On November, 6, 1952 Hirabai filed special civil suit No. 26/53 for partition and separate possession of a 7/24 share in two houses, a land, two shops and mov ables on the basis that the... |
N: Criminal Appeal No. 332 of 1977.
Appeal by Special Leave from the Judgment and order dated 20 10 75 of the Bombay High Court in Criminal Application No. 1 379/75.
77 M. C. Bhandare, A. N. Karkhanis, Miss Malini Panduval and Mrs. section Bhandare for the Appellant.
G. L. Sanghi and A. K. Verma for Respondent No. 1.
M... | Explanation (b) to section 125(1) of the Code of Criminal Procedure, 1973 provides that "wife" includes a woman who has been divorced by or has obtained a divorce from her husband and has not re married.
Section 127(3) (b) provides that where any order has been made under section 125 in favour of a woman who has been d... |
: Criminal Appeal No 133 of 1975.
Appeal from the Judgment and order dated 3 2 1978 of the Andhra Pradesh High Court in Crl.
A. No. 628/73.
R. Nagarathnam for the Appellant.
P. Parmeswara Rao and G. N. Rao for the Respondent.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J.
This appeal has been filed unde... | The appellant was charged with the offence of committing the murder of his wife.
The trial court acquitted him on the ground that the prosecution had failed to establish any motive for the offence, that the evidence of the prosecution witnesses was discrepant, conflicting and improbable and that when two views were pos... |
Civil Appeal Nos.
1617 and 1640A of 1979.
Appeals by Special Leave from the Judgment and order dated 20 1 1979 of the Madhya Pradesh High Court in Misc.
Petition No 884 of 1978.
R. P. Bhatt and Sri Narain for the Appellant (In CA 1617/79).
G. L. Sahu and Miss Maya Ra for the Appellant (In CA 1640A/79) an R. 54 in CA 16... | On September 30, 1978 the Collector published the preliminary electoral roll under Rule 4(1) of the Madhya Pradesh Municipal Corporation (Preparation, Revision and Publication of Electoral Rolls and Selection of Councillors) Rules, 1963 for the purpose of holding elections in December, 1978 to the Municipal Corporation... |
ON: Criminal Appeal No. 126 of 1955.
Appeal by special leave from the judgment and order dated the 9th August 1955 of the Bombay High Court in Criminal Application No. 726 of 1955.
M. R. Parpia, J. B. Dadachanji and section N. Andley, for the appellant.
M. C. Setalvad, Attorney General for India, B. Sen and R. H. Dheba... | Appellant was detained under section 3(1)(a)(i) of the Preventive Detention Act, Act IV of 1950 on the grounds that with the financial help given by the Portuguese authorities he was carrying on espionage on their behalf with the help of underground workers and that he was also collecting intelligence about the securit... |
Civil Appeals Nos. 2299 and 2300 of 1979.
Appeal by Special Leave from the Award dated 20 12 1978 of the Industrial Tribunal Maharashtra in Reference (IT) No. 292 of 1975, published in Maharashtra Government Gazette dated 15th February, 1979.
G. B. Pai, Manick K. Gagrat, J. B. Dadachanji, O. C. Mathur and K. J. John fo... | Dismissing the appeals by special leave, the Court. ^ HELD: Per Pathak, J. (Krishna Iyer and Chinnappa Reddy, JJ.
concurring) (1) Having regard to the financial capacity of M/s. Tata Consulting Engineers, the appellant, and the material on the record and the various other considerations which prevailed with the Tribuna... |
ivil Appeal No. 196 of 1 970.
From the judgment and decree dated April 21, 1969 of the Allahabad High Court in First Appeal No. 80 of 1964.
S.T. Desai, A.T.M. Sampath, Mukul Mudgal and Raju Ramachandran for the Appellants.
R.K. Garg, Mrs. Urmila Sirur and Shiv Pujan Singh, for the Respondents.
(b) of clause (I) of Arti... | The plaintiffs in their suit claimed that the properties in dispute belonged to the Math Sauna temple and that one of the plaintiffs Mahant Sadashiva Yati on the death of his predecessor was elected as Mahant of the temple and that therefore as Sarbarakar he was entitled to all the properties recorded in the name of th... |
ivil Appeal Nos.
1025 26 of 1978.
Appeals by special leave from the judgment order dated the 15th April, 1978 of the Madhya Pradesh High Court in Misc.
Petition Nos. 61 and 62/78 respectively.
With Civil Appeal No. 213 of 1979 6 Appeal by special leave from the judgment and order dated the 15th April, 1978 of the Madhy... | The Madhya Pradesh Municipalities Act, 1961 by section 127 (1) (i) empowered a municipal council to impose, in the whole or any part of the municipality, "a tax payable by the owners of houses, buildings or lands situated within the limits of Municipality with reference to annual letting value of the house, building or... |
Civil Appeal No. 598 of 1980.
Appeal by Special leave from the judgment and order dated the 9th November, 1979 of the Delhi High Court in CWP No.885 of 1974.
N.C. Sikri for the Appellant.
Hardayal Hardy, Girish Chandra and R.N. Poddar for the Respondents.
The Judgment of the Court was delivered by SEN, J.
This appeal b... | In pursuance of r. 7A(1)(b) of the Central Health Service Rules, 1963 as amended by the Central Health Service (Amendment) Rules.
1966 and all other powers enabling in that behalf, the President of India issued a notification dated.
June 8,1967 making the substantive appointment of the appellant Dr. Asim Kumar Bose as ... |
Civil Appeals No. 2611 and 2611 A of 1981.
From the Judgment and order dated the 1st July, 1981 of the High Court of Jammu and Kashmir in L.P.A. No. 1 of 1981 and C.M.P. No. 454 of 1981.
A. K Sen and G. L. Sanghi, Vineet Kumar and Devinder Gupta for the Appellant.
578 D.D. Thakur, S.N. Kacker and R.P. Bhatt, for respon... | The appellant, purporting to Act on behalf of a partnership consisting of himself, Todar Mal and Krishan Kumar, applied for and obtained permission in his individual capacity to construct a cinema theatre on a plot of land which was taken on lease jointly by all the three of them after the application for the permissio... |
ivil appeal No. 2197 From the Judgment and order dated 16.4.70 of Andhra Pradesh High Court in appeal No. 431 of 1965.
Dr. YS Chitale, V. G. Shanker, KL Hathi, Ms. Sadhana, DK Chhaya, MK Arora and Mrs. H. Wahi for the appellant.
352 T. section Krishnamoorthi Iyer, KR.
Choudhry and KS.
Choudhary for the respondents.
The... | One Late Raja Vasireddi Chandra Dhara Prasad died intestate on 12th January, 1961.
He had filled a proposal for insurance for Rs. 50,000 on 27th December 1960.
There was medical examination by the doctor on the life of the deceased on 27th, December, 1960.
The deceased issued two cheques being the consideration towards... |
Civil Appeal No. 1433 of 1977 Appeal by Special leave from the Judgment and Order dated the 16th February, 1.977 of the Punjab and Haryana High Court in Civil Writ Petition No. 752 of 1977.
J.D. Jain & Mrs. Kawaljit Kocher for the Appellant.
Harbans Lal, I.S. Goel & R.N. Poddar for the Respondent.
The Judgment of the C... | Section 33 of the Punjab Panchayat Samitis and Zilla Parishads Act, 1961 provided that subject to rules made by the Government, a Panchayat Samiti may employ such servants as it may consider necessary for the efficient performance of the duties imposed upon it by the Act, rules or bye laws made thereunder or by any oth... |
N: Criminal Appeal Nos.
287 & 288 of 1980 Appeals by Special leave from the judgment and Order dated the 27th July & 8th August, 1979 of the Bombay High Court in Crl.
Appeal Nos. 7 of 1977 and 605 of 1978.
781 V.S. Desai, Mrs. J. Wad and Miss Aruna Mathur for the Appellants.
O.P. Rana, K. V. Sree Kumar and M.N, Shroff,... | In Sessions Case No. 26 of 1976, seven accused namely Sitarama @ Sitya, Sundera @ Sundarayya, Kishana @ Kishanayya, Gangarama @ Gangayya, Prakash, Vinayak and Shrirang were charged and tried together for offences under section 302 read with section 120B and also under section 302 read with section 34 I.P.C. Charge No. ... |
etition Nos.
1073 1100, 1117 19 1229 95, 142 1554, 1746 2140, 2155 2271, 2396 2459.
1198 1217, 1302 12, 1314 15, 1566 1641, 1140 70, 2360 95, 1643 1725,2272 2329,2152,2332,2339,2491,3486 89, 2498 2521, 2522, .533 74,2611 2638 and 2531 of 1983.
(Under Article 32 of the Constitution of India) AND Writ Petition Nos. 4218,... | A new political party called Telugu Desam swept to power in the 1983 Andhra Pradesh Assembly elections, within a month of assuming office, the new Government of Andhra Pradesh, passed an order No. G.O.M.S. 36 GAD Services dated 8.2.83 (appending two Notifications) stating that in order to provide greater employment opp... |
Civil Appeals Nos.
1264 67/71 etc.
From the Judgment and Order dated 26.12.69 of the High Court of Andhra Pradesh at Hyderabad in W.P. Nos. 3956, 3971, 3983, 3899, 4421, 4474, 4537, 4544, 4570, 4825 and 4933/68.
D.K. Sen, Gopal Subramonium and R.N. Poddar for the Appellant.
Ex parte for the Respondents.
The Judgment of... | Section 28 of the Gold Control Act, 1968 bars money lending business to be carried on in licensed premises, either by the licensed dealer or by any other person unless authorised by the Administrator to do so.
Drawing analogy from the reasoning adopted by the Supreme Court in its decision reported in Harakchand Ratanch... |
minal Appeals Nos.
91 to 93 of 1954.
Appeals by Special Leave granted by Supreme Court on the 18th January, 1954 from the Judgment and Order dated the 18th June, 1953 of the High Court of Judicature at Hyderabad in Confirmation Case No. 376/6 of 1952 53 and Criminal Appeals Nos.394/6, 395/6 and 392/6 of 1952 53 arising... | It is well settled that common intention in section 34 of tile Indian Penal Code presupposes prior concert.
It requires a prearranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have boon done in furtherance of the common intention of them all.
Accordingly there ... |
Tax Reference Cases Nos. 3 to 5 of 1975 Tax Reference under Section 257 of the Income tax Act, 1961 made by the Income tax Appellate Tribunal, Cuttack Bench, Cuttack P.A. Francis, Champat Rai and Miss A. Subhashini for the Appellant.
C.S.S. Rao for the Respondent.
The Judgment of the Court was delivered by 308 PATHAK, ... | The respondent assessee was assessed to wealth tax for the assessment years 1965 66, 1966 67 and 1967 68, in the status of a Hindu Undivided Family '.
In each of the assessment years, the Wealth Tax Officer included a sum of Rs. 1.5 lakhs estimated as the accrued interest on the assessee 's money lending investments.
T... |
Civil Appeal Nos.3677 3680 of 1986 Etc.
From the Judgment and Order dated 10.3.1986 of the Karnataka High Court in W.P. Nos.
4053 to 4056 of 1985.
Shanti Bhushan, Dr. Y.S. Chitale, H.B. Datar, K.R. Nagaraja, 1011 R.S. Hegde, R.B. Datar, S.S. Jawali, B.P. Singh, N.D.B. Raju, R.P., Wadhwani, Aruneshwar Gupta, Swaraj Kaus... | Sub section (7) of section 63 of the empowers the State Transport Authority, for the purpose of promoting tourism, to grant permits valid for the whole or any part of India, in respect of such number of tourist vehicles as the Central Government may in respect of that State specify in this behalf.
A proviso to that sub... |
N: Criminal Appeal No. 317 of 1986 From the Judgment and order dated 27.2.1986 of the Patna High Court in C.W.J.C. No. 33 of 1986.
With W.P. (Criminal)No. 316 of 1986.
R.K. Garg and Miss Rani Jethmalani for the Appellant/ Petitioner. D. Goburdhan for the Respondents.
907 The Judgment of the Court was delivered by SABYA... | The respondent passed an order of detention in respect of the appellant under section 3(2) of the , on the ground that the appellant 's activities were prejudicial to the maintenance of public order.
Several criminal cases were pending against the appellant when the aforesaid order was passed.
The appellant had already... |
Appeal No. 1713(NT) of 1973.
From the.
Judgment and Order dated 6.1.1971 of the Allahabad High Court in Wealth Tax Reference No. 285 of 1965 124 S.C. Manchanda and Ms. A. Subhashini for the Appellant.
Respondent in person.
(Not present ) The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
The appeal unde... | The Income Tax Officer included in the net wealth of the respondent assessee for the assessement year 1957 58, two sums, viz., Rs. 1,50,000 and Rs.67,560/12/ which the asses see claimed to have gifted.
It is stated that on January 1, 1957 the respondent assessee, by a letter directed a company in which he maintained an... |
ivil Appeal No. 378 of 1987.
237 From the Judgment and Order dated 4.8.1986 of the Cal cutta High Court in F.M.A.T. No. 1500 of 1984.
L.M. Singhvi S.K. Jain, I. Makwana, A.M. Singhvi, Sud hanshu Atreya and S .D.
Sharma for the Appellants.
N.N. Gooptu, Dipanker Gupta P. Mondal, D.K. Sinha, J.R. Das, T. Ray.
R. Pal, B.R.... | There is in Calcutta, a Zoological garden located in Alipore, now almost the heart of Calcutta, on either side of Belvedere Road, one of Calcutta 's main arterial roads, fortynine acres of land on one side and eight acres on the other.
The main zoo is in the fortynine acres block of land.
The said eight acres of land w... |
vil Appeal No. 10761077 of 1987.
From the Judgment and Order dated 17.8.1985 of the Allahabad High Court in C.M. Writ No. 6849 of 1984.
K. Parasaran, B. Datta, P.P. Rao, K.L. Hathi, Anil Nauriya, S.R. Aggarwal, Y. Ramachandran, U.J. Rana, R.P. Srivastava, Hem 188 ant Sharma, P. Parmeshwaran, Ms. Sushma Suri and C.V. Su... | The Life Insurance Corporation was established on Sep tember 1, 1956 under the Life Insurance Act of 1956 (Act 31 of 1956) by amalgamating about 200 insurers carrying on life insurance business in the country.
It had no employees of its own to carry on the vast business which had been taken over and the nature of the w... |
No. 7338 of 1981.
(Under Article 32 of the Constitution of India).
Ram Jethmalani and Miss Rani Jethmalani for the Petitioner.
G. Ramaswamy, Additional Solicitor General, R.P. Srivastava 634 and Miss. A. Subhashini for the Respondent.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
The petitioner of this... | Fundamental Rule 56(j) confers power on the appropriate authority to compulsorily retire a Government servant, if it is in the public interest to do so, by giving 3 months ' notice or 3 months ' pay and allowances in lieu of such notice; while sub cl.
(i) thereof states that a public servant in class I or class II serv... |
ION: Special Leave A Petition (CRL. ) No. 1765 of 1987 From the Judgment and order dated 8/9.7.1987 of the Bombay High Court in W.P. No. 332 of 1987.
V.N. Ganpule for the Petitioner.
Soli J. Sorabjee, K.J. John and A.K. Desai for the Respondents.
The Judgment of the Court was delivered by SEN, J.
The by section 630, en... | Sub section ( l ) of section 630 of the provides for launching of prosecution against an officer or employee of a company, who (a) wrongfully obtains possession of any property of a company, or (b) having any such property in his possession wrongfully withholds or knowingly misapplies the same.
The petitioner who was g... |
Civil Appeal No. 1377 of 1982.
From the Judgment and Order dated 17.11.1980 of the Bombay High Court in Special Civil Appeal No. 251 of 1977.
F.R. Nariman, E.K. Jose, P.H. Parekh and Miss Sunita Sharma for the Appellant.
Y.H. Muchhala, B.R. Aggarwala and Miss. section Manchanda for the Respondent.
The Judgment of the C... | % The appellant, who was stated to be a monthly tenant of the suit premises, entered into an agreement, which was described as an agreement of 'leave and licence ', with the respondent on 9th February, 1965 and the respondent and the appellant were described therein as licensor and licensee respectively.
It was stated ... |
Civil Appeal No. 3909 of 1986.
From the Judgment and order dated 29.9.1986 of the Allahabad High Court in C.R. No. 83 of 1986.
Shanker Ghosh and P K. Jain for the Appellants.
Y.S. Chitale.
Madan Lokur, Prashant Bhushan, Beni Parshad, Rajinder Dhawan and Jitendra Sharma for the Respondents.
This appeal arises out of a j... | The appellants are the tenants of the disputed property.
Respondent plaintiff 's suit for eviction of the appellants was dismissed by the trial court.
The High Court in revision set aside the judgment and order of the trial court and decreed the suit for ejectment of the tenants appellants.
The tenants appealed to this... |
Civil Appeal No. 8440 of 1983.
From the Judgment and Order dated 22.4.83 of the High Court of Bombay in Writ Petition No. 2388/82.
M.K. Ramamurthy and A.K. Sanghi for the Appellant.
Dr. Y.S. Chitale, P.H. Parekh, R.K. Dhillon, Ms. Sunita Sharma and Dr. D. Chandrachud for the Respondents.
The Judgment of the Court was d... | HELD: The Court was concerned with the narrow question whether the six law reports aforementioned being published by the 1st respondent were newspapers within the meaning of the Act and whether the employees engaged in their production or distribution were entitled to the benefit of the orders made by the Central Gover... |
Civil Appeal No. 56 of 1987.
From the Judgment and Order dated 6.11.85 of the Allahabad .RM60
PG NO 290 PG NO 291 High Court in W.P. (C) No. 4211 of 1983.
Gopal Subramanium and Mrs. section Dikshit for the Appellants.
Vijay Hansaria and Sunil K. Jain for the Respondents.
The Judgment of the Court was delivered by JAGAN... | Prior to 1955, the Bench Secretaries in the Allahabad High Court were on a higher pay scale than that of the Section Officers.
In 1965, the State Government appointed a Pay Rationalisation Committee to consider the duties and responsibilities of different categories of posts and recommend changes.
The Committee recomme... |
ivil Appeal No. 4031 of 1988.
From the Judgment and Order dated 14.4.1988 of the Patna High PG NO 867 PG NO 868 Court in C.W.J.C. No. 1923 of 1988.
R.K. Jain, R.P.Singh and Y.D.Chandrachud for the Appellant.
U.S. Prasad for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
Special leav... | The appellant has bid in an auction of Beni Country Liquor Shop in the District of Samastipur and was given the shop being the highest bidder but he failed to deposit the bid money in time.
The Collector, Samastipur by an order cancelled the bid and black listed the appellant.
He then moved the High Court against the o... |
cellaneous Petition No. 32937 of 1988.
345 IN Writ Petition No. 12 183 of 1985.
(Under Article 32 of the Constitution of India).
K.K. Venugopal, Mrs. Jayashree Wad and Mrs. Aruna Mathur for the Petitioners.
K. Parasaran, Attorney General, A.K. Ganguli, P. Parmes waran and K. Swamy for the Respondents.
The following Ord... | On a civil miscellaneous petition for clarification of this Court 's judgment dated 4th November, 1988, the Court.
HELD: The assessable value of the processed fabric would be the value of the grey cloth in the hands of the processor plus the value of the job work done plus manufacturing profit and manufacturing expense... |
Civil Appeal No. 1709 of 1988.
From the Judgment and Order dated 9.10.1987 of t he Central Administrative Tribunal Chandigarh in Appln.
T. 1055 of 1986.
WITH (SLP (Civil) No. 6998 of 1988) V.C. Mahajan, Mrs. Indu Goswami, C.V. Subba Rao, P. Parmeshwaran for the Appellant in C.A. No. 1709 of 1988.
M.K.D. Namboodary for ... | The respondent, in the appeal, was in charge of prepa r ing the pay bills of the employees of the Beas Sutlej Li nk Project.
He, along with other two employees, was charg ed with the fraudulent act of withdrawal of Rs.238.90 by pr e paring a bogus pay bill and identity card in the name of a fictitious person.
An enquir... |
it case for initiating any procee d ings for contempt against the respondents.
[109F] & ORIGINAL JURISDICTION: Writ Petition (Civil) No. 530 of 1983 etc.
(Under Article 32 of the Constitution of India).
V.A. Bobde, Shyam Mudaliar, V.M. Tarkunde, G.L. Sangh i, A.K. Sanghi, Mrs. R. Karanjawala, Mrs. Meenakshi Karanjawa l... | The petitioners in the writ petitions were appointed as Supervisors Grade 'A ' in various ordnance factories betwe en 1962 and 1966, in pursuance of circular dated 6th Novembe r, 1962 issued by the Director General of Ordnance Factorie section The circular further provided for promotion from Supervis or 'A ' to Chargem... |
(Civil) No. 548 of 1987.
(Under Article 32 of the Constitution of India).
M.C. Dhingra for the Petitioners.
Kapil Sibal, K.G. Bhagat, A.K. Ganguli, Ms. Kamini Jaiswal, 664 Ms. Aruna Mathur, A. Mariarputham, Harminder Lal and Naresh K. Sharma for the Respondents.
The Judgment of the Court was delivered by K. JAGANNATHA ... | The petitioners employed as daily rated carpenters at the Wood Working Centre of the Himachal Pradesh State Handi crafts Corporation sought enforcement of their fundamental right to have "equal pay for equal work" in terms paid to their counterparts in regular services, or in the alterna tive, the minimum wages prescri... |
ivil Appeal Nos.
4339 41/86 & 4176 77 of 1984.
From the Judgment and Order dated 4.7.85 & 21.6.84 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos.
ED(SB)(T) A. Nos. 513 514, & 544 of 1985(A) & ED(SB) 329 & 324/84 A in Order Nos.
450 452/85 A, 473 & 474/84 A. Harish Salve, Ravinder N... | The appellant company/assessee manufactures and sells fusel oil/ styrene Monomer falling under Tariff Item No. 68 of the 1st Schedule to the .
The said fusel oil/styrene Monomer is sold in bulk and generally delivered to the customers at the appellant 's factory in road tankers.
Some times it is supplied in drums broug... |
ivil Appeals Nos.
4582 4585 of 1989.
125 From the Judgment and Order dated 29.7.1988 of the Allahabad High Court in C.M.W.P. No. 11933 & 16493/1987.
1573 1/1987 & 12373/1987.
R.K. Garg, S.P. Singh, N.M. Popli, R.B. Misra, Uma Nath Misra and R.C. Kaushik for the Appellants.
R.B. Mehrotra for the Respondent.
The Judgment... | The Uttar Pradesh Public Service Commission conducted recruitment examination to the post of Upper Zila Basic Shiksha Adhikari (Women) in two stages written test and interview.
The Commission cancelled the entire recruitment examination for re holding it, after it was found that due to improper feeding into the compute... |
ivil Appeal No. 4649 of 1989.
From the Judgment and Order dated 26.7.1988 of the Allahabad High Court in Review Application No. 27(W) of 1988.
Anil Dev Singh and Mrs. section Dikshit for the Appellants.
Yogeshwar Prasad, Vijay Hansaria, Sunil K. Jain, S.K. Jain for the Respondents.
The Judgment of the Court was deliver... | Pursuant to a scheme enacted for the benefit of ex military officials the appellant State appointed the re spondent on 20.8.1979 as Secretary Zila Sainik Board on contract basis for a specified period which was further extended upto 30.8.1985.
On 29.3.1985 the services of the respondent were terminated.
The respondent ... |
etition (Civil) Nos.
12676 77 of 1985 etc.
(Under Article 32 of the Constitution of India) R.F. Nariman, P.H. Parekh, N.N. Keshwani, Mrs. H. Wahi and R.N. Keshwani for the Petitioners.
408 G.A. Shah, M.N. Shroff, K.M.M. Khan and T.U. Mehta for the Respondents.
The Judgment of the Court was delivered by VENKATARAMIAH, C... | The Petitioners in these petitions have challenged the validity of a Notification issued by the Government of Gujarat on June 25, 1985 whereby the Gujarat Minor Mineral Rules were amended with effect from 1.7.1985.
By the said notification, original Rule 21 of the Rules was substituted by a new Rule 21 which provided t... |
: Criminal Appeal No. 8 18 of 1979.
From the Judgment & Order dated the 27.10.1979 of the Madras High Court in Crl.
A. No. 4 of 1977.
A.S. Nambiar and K.R. Nambiar for the Appellant.
V. Krishnamurthy for the Respondent.
The Judgment of the Court was delivered by FATHIMA BEEVI, J.
This appeal is directed against the jud... | The appellant was an Accountant cum Headclerk in the Forest Training School, PW 3 the Principal of the training school, and PW I the canteen contractor.
The prosecution alleged that on the basis of a complaint made by the appel lant that the food served in the canteen was substandard, PW 3 issued a show cause notice to... |
Appeals Nos. 169 171 of 1955.
Appeals from the judgment and order dated July 10, 1953, of the Madras High Court in Writ Petitions Nos. 75, 87 and 135 of 1953.
R. Ganapathy Iyer and Shanmugavel, for the appellants.
V. K. T. Chari, Advocate General for the State of Madras, V. V. Raghavan and R. H. Dhebar, for the respond... | The Madras legislature enacted the Madras Commercial Crops Markets Act for providing satisfactory conditions for the growers of commercial crops to sell their produce on equal terms with the purchasers and at reasonable prices.
The Act, Rules and the Bye laws framed thereunder have a long term target of providing a net... |
ivil Appeal No 1514 of 1979.
From the Judgment and Order dated 17.6.1977 of the Madras High Court in O.S.A. 62 of 1973.
T.S. Krishnamurthy lyer, M.J. Paul and Kailash Vasudev for the Appellant.
K. Parasaran, P.D. Sharma, T.K. Seshadri and K. Swami for the Respondents.
549 The Judgment of the Court was delivered by RANG... | Two separate properties bearing Door Nos. 2 and 3 ad measuring 41 grounds and 2005 sq. ft., which originally formed part of an extent of land, situate at Mount Road, Madras belonged to several co owners, who leased out the same to the Respondent, by two separate lease deeds (exhibit P 1 and P 2) item 1 and 2 in the Sch... |
il Appeal No.18 of 1955.
Appeal from the judgment and decree dated March 20, 1651, of the Mysore High Court in R.A. No. 155 of 1947 48, arising out of the judgment and decree dated December 19, 1947, of the Court of Sub_Judge, Mysore, in 0.
section Suit No. 44 of 1946 47.
section K. Venkataranga Iyengar and K. Keshava ... | The mode of proving a will does not ordinarily differ from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63 of the Indian Succession Act.
Proof in either case cannot be mathematically precise and certain and so the test should be one o... |
vil Appeal No. 6202 (NT) of 1983.
From the Judgment and Order dated 3.2.
1981 of the Punjab and Haryana High Court in L.P.A. No. 128of 1981.
Raja Ram Aggarwal, Arvind Minocha, H.K. Singh, S.K. Bagga, S.C. Patel and S.K. Gambhir for the Appellants.
Kapil Sibal, Additional Solicitor General, S.P. Goel, A. Subba Rao, C.V.... | Each of the appellants/petitioners is a registered dealer in the State of Haryana.
He purchased certain raw materials in the State without paying purchase tax thereon, in view of the provision contained in section 24 of the Haryana Sales Tax Act, 1973.
He manufactured certain goods in the State with the aid of the said... |
it Petition No. 459 & 460 of 1988.
(Under Article 32 of the Constitution of India).
Harish N. Salve, S.V. Kamdar and M.N. Shroff for the Petitioners.
P.K. Goswami, Additional Solicitor General, Kailash Vasdev and Ms. A Subhashini for the Respondents.
The Judgement of the Court was delivered by S.C. AGRAWAL, J. These pe... | The petitioners, carrying,on import export of diamonds, field applications for registration as Export Houses and grant of Additional Import Licences under Para 174 and 176 of the Import and Export Policy 1978 79 which were rejected by the authorities on the ground that they have failed to diversify their exports of "ot... |
ivil Misc.
Petition No. 15001 of 1989.
AND I.A. No. 1 of 1989 in S.L.P. No. 12288 of 1984.
From the Judgment and Order dated 20.4.1984 of the Andhra Pradesh High Court Appeal No. 472 of 1976.
K. Mahadeva Reddy, Ms. Manjul Gupta, T.V.S.N. Chari and A. Subba Rao for the Petitioner.
K. Ram Kumar, S.A. Ahmed, Tanweer Abdul... | Respondent No. 1 adopted petitioner appellant, who married two wives and through the first wife he had a son, the respondent No. 2 and through the second, another son, the respondent No. 3.
During the pendency of the special leave petition the adoptive mother of appellant died.
Respondent 2 and 3 laid claim to the enti... |
Special Leave Petition Nos.
823 24 of 1990.
From the Judgement and Order dated 6.10.1989 of the Karnataka High Court W.A. Nos.
321 & 322 of 1989.
S.R. Bhat for the Petitioners.
R.N. Narasimha Murthy, K.H. Nobin Singh, M. Veerappa and S.N. Bhatt for the Respondents.
The following Order of the Court was delivered: A few ... | Petitioners ' lands were acquired by the respondents under sections 17 and 19 of the Bangalore Development Act, 1976.
Section 36 of the said Act made applicable the provisions of the Land Acquisition Act, 1894, where acquisition is otherwise than by agreement.
The notification making the declaration under section 4 of ... |
Criminal Appeal No. 400 of 1979.
From the Judgment and Order dated 27.4.79 of the Madras High Court in Criminal Misc.
P. No. 265 of 1978.
216 Kapil Sibal, B.R.L. Iyengar, K.V. Mohan, S.R. Setia, K.R. Nambiar and A.K. Nigam for the Appellant.
A.D. Giri, Solicitor General, K.T.S. Tulsi, Additional Solicitor General, A.M.... | A complaint against the appellant, a former Chief Jus tice of a High Court, was made to the CBI on which a case under section 5(2) read with section 5( I )(e) of the Prevention of Corruption Act, 1947 was registered on 24.2.1976.
On 28.2.1976 the F.I.R. was filed in the court of Special Judge.
The appellant proceeded o... |
(C) No. 677 of 1988.
(Under Article 32 of the Constitution of India).
P.N. Duda, N. Safaya, P.K. Choudhary and Ms. Rekha Pandey for the Petitioners.
Kapil Sibal, Additional Solicitor General, Ms. A. Subha shini and K. Swamy for the Respondents.
The Judgment of the Court was delivered by V. RAMASWAMI, J.
In this petitio... | The Lt. Governor of Delhi amended the Delhi Poisons Rules, 1926 by the Notification No. F.10/44/72 fin.
(G) dated 7.8.1973 by including to the list of substances in cluded in the Rules as "Poisons", the substance commonly known as "thinner" containing spirit and other soluble material.
The petitioners in this petition ... |
Appeal No. 4366 of 1991.
From the Judgment and Order dated 16.5.1988 of the Punjab & Haryana High Court in Regular Second Appeal No. 3648 of 1987.
R.K.Kapoor and Anis Ahmed Khan for the Appellant.
S.N.Mishra, L.K. Gupta, D.K. Yadav and D.K.Garg for the Respondents.
The Judgment of the Court was delivered by AHMADI, J.
... | The appellant seeking to exercise the right of pre emption as a co sharer, i.e. father 's brother 's son of the vendors, contended that he fell within the expression 'other co sharers ' in clause 'Fourthly ' of section 15(1)(b) of the Punjab pre emption Act, 1913 and was, therefore, entitled to exercise the right of pr... |
ivil Appeals Nos. 259 and 260 of 1958.
Appeals by special leave from the judgment and orders dated August 5, 1955, of the former Travancore Cochin High Court in Income tax Reference Appeals Nos. 6 of 1953 and 21 of 1954.
K.N. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the appellant.
G. B. Pai and Sardar Bahadur,... | Section 32(1) of the Travancore Income tax Act, which corresponds to section 24(1) of the Indian Income tax Act, 1922, provided : " Where any assessee sustains a loss of profits or gains in any year under any of the heads mentioned in Section 9 [section 6 of the Indian Act he shall be entitled to have the amount of los... |
Appeal No. 1367 of 1980.
From the Judgment and Order dated 19.7.1979 of the Rajasthan High Court in D.B. Civil Writ Petition No. 769 of 1979.
Subhash Mallick and S.K. Jain for the Appellant.
B.D. Sharma for the Respondents.
The Judgment of the Court was delivered by YOGESHWAR DAYAL,J.
This is an appeal against the judg... | Proceedings were commenced under Chapter III B of the Rajasthan Tenancy Act 1955 for determining the ceiling area for Raghubir Singh, the father of the appellant.
In a revision application in the first round of litigation.
The Board of Revenue directed that the ceiling area for Raghubir Singh may be determined accordin... |
Appeal No. 1695 of 1993.
From the Judgment and Order dated 5.4.1991 of the Bombay High Court in S.C.A. Nos. 27 and 31 of 1988.
G.L. Sanghi Dhruv Mehta, Guru Raikar, S.K. Mehta and Arvind Verma for the Appellants.
BA Masodkar, Dr. R.B. Masodkar and KL.
Taneja for the Respondents.
The Judgment of Court was delivered by A... | The plaintiff, predecessor in interest of the appellants, flied a suit for a declaration and an injunction to restrain the defendant respondents from dispossessing him from a certain property comprising of a coconut grove.
The trial court dismissed the suit holding that the, plaintiff was no more in possession of the s... |
iminal Appeal No. 46 of 1957.
Appeal by special leave from the judgment and order dated the February 4, 1955, of the Bombay High Court in Criminal Appeal No. 1256 of 1954, arising out of the judgment and order dated June 19, 1954, of the Chief Presidency Magistrate, Bombay, in Case No. 176/S of 1953.
Hardayal Hardy, fo... | Conciliation proceedings were started in January.
1952 with respect to some disputes between appellant 1 and its workmen.
On May 9, 1952, the Union and on June 2, 1952, the appellant 1 indicated to the Conciliation Officer that the negotiations had failed.
In the meantime on March ~I8, 1952, the appellant 1 dismissed (... |
N: Criminal Appeal No. 8 of 1951.
Appeal from an Order of the High Court of Bombay (Bavdekar and Chainani JJ.) dated 20th February, 1950, in Criminal Appeal No. 106 of 1950 arising out of an order dated 9th January, 1950, of the Presidency Magistrate, 19th Court, Esplanade, Bombay, in Case No. 10879/P of 1949.
The fact... | Sub section (1) of sec.
19 of the Bombay Rents, Hotel and Lodging House Rates Control Act, LVI I of 1947, provided that "it shall not be lawful for the tenant or any person acting or purporting to act on behalf of the tenant to claim or receive any sum or any consideration as a condition for the relinquishment of his t... |
: Civil Appeals Nos 188 to 190 of 1958.
Appeals from the judgment and order dated November 20, 1957, of the Andhra Pradesh High Court, in Writ Petitions Nos. 1 of 1956, 19 and 470 of 1957.
A. V. Viswanatha Sastri, V. Vedantachari and K. Sundararajan, for the appellant.
H. N. Sanyal, Additional Solicitor General of Indi... | The principal question for determination in these appeals, arising out of writ petitions filed in the High Court, related to the validity of an order passed by the Board of Revenue (Andhra) terminating the appellant 's lease in respect of certain state quarries situated in the Venkatagiri Estate, which had been notifie... |
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