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Civil Appeal No. 842 of 1964.
Appeal by special leave from the judgment and order dated February 19, 1963 of the Kerala High Court in Income tax Referred Case No. 23 of 1962.
R. Ganapathy Iyer and B.R.G.K. Achar and R. N. Sachthey, for the appellant.
675 A. V. Viswanatha Sastri and R. Gopalakrishnan, for the respondent... | The respondent was a banking company.
During the accounting year for the assessment year 1956 57 the Bank received a certain sum towards interest in respect of tax free securities, and claimed rebate for the whole amount under the notification issued by the Central Government in exercise of its power under section 60 A... | 2038.txt |
Appeals Nos. 979 and 980 of 1965.
Appeals by special leave from the judgment and orders dated November 12, 1962 and January 1, 1964 of the Madras High Court 951 in Tax Case Nos. 19 of 1961 and S.C. Petition No,. 142 of 1963 respectively.
section Swaminathan and R. Gopalakrishnan, for the appellant (in, both the appeals... | The appellant owned a cardamom plantation.
For the assessment year 1957 58, he submitted a return under the Madras Plantations Agricultural Income tax Act, 1955.
The Agricultural Income tax Officer did not accept the return, and 'added to the income the value of stocks of cardamom sold in the accounting year.
The High ... | 2160.txt |
Appeal No. 460 of 1987.
388 From the Judgment and Order dated 14.4.
1986 of the Jammu & and Kashmir High Court in Civil 1st Appeal No. 54 of 1985.
Altar Anjad, Adv.
General and S.K. Bhattacharya for the Appellants.
S.M. Aquil and Shakeel Ahmed for the Respondents.
The Order of the Court was delivered by THAKKAR, J. To ... | An appeal by the State.
against a decision enhancing compensation in respect of acquisition of lands for a public purpose, raising important questions as regards principles of valuation, was dismissed by the High Court as time barred, being four days beyond time, by rejecting an appli cation for condonation of dalay.
T... | 5265.txt |
ivil Appeal Nos.
3392 3394 of 1990.
From the Judgment and Order dated 30.11.
1989 of the Andhra Pradesh High Court in W.A. No. 269/89, dated 30.8.1988 in W.P. No. 12041/84 and dated 26.11.1987 in W.P. No. 194 of 1983.
P.K. Goswamy, Additional Solicitor General, M.K. Ramamurthy, C. Sitaramaiya, M.L. Paul, Kailash Vasdev... | A common question of law viz., whether an order of dismissal against an employee, could validly be passed by an authority lower than the appointing authority of the Bank, arises for determination in these three appeals, two by the State Bank of India and the third by an employee.
Respondent, Vijaya Kumar in Civil Appea... | 6496.txt |
ON: Criminal Appeal No. 117 of 1961.
27 Appeal from the judgment and order dated March 21, 1960 ', of the Calcutta High Court in Criminal Revision No. 376 of 1957.
A.N. Sinha and P.K. Mukherjee, for the appellant M.C. Setalvad, Sukumar Ghose and B.N. Ghosh, for the respondent.
October 4, 1963.
The Judgment of the Court... | The respondent company got its supply of electricity from the Calcutta Electric Supply Co., converted the same from alternate current to direct current in its transformer house for running its tram cars.
The appellant Corporation was of opinion that the use of the premises as transformer house was dangerous to life, he... | 1658.txt |
Appeal No. 219 of 1953.
Appeal from the judgment and decree dated June 26, 1952, of the Bombay High Court in Appeal No. 20 of 1952 arising out of the judgment and decree dated December 17, 1951, of the said High Court in its ordinary Original Civil Jurisdiction in Suit No. 1623 of 1948.
C. K. Daphtary, Solicitor Genera... | The appellants filed a suit for damages for conversion against the respondents on the allegations that the respondents were the agents of the appellants, that the appellants had placed orders for certain goods with the respondents, and that the respondents had actually imported the goods but refused to deliver them to ... | 464.txt |
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... | 6647.txt |
Appeal No. 104 of 1970.
(From the Judgment and Order dated 23 10 1967 of the Patna High Court in Civil Writ Jurisdiction Case No. 299/66).
L.M. Singhvi, U.P. Singh and S.N. Jha, for the Appellant.
Sarjoo Prasad and U.S. Prasad, for the Respondent.
The Judgment of the Court was delivered by KHANNA, J.
The short question... | The proviso (v) to section 3(1) of the Bihar Electricity Duty Act, 1948 provided that no duty shall be leviable on units of energy consumed by, or in respect of, or sold for con sumption in any mine or industrial undertaking except to the extent specified in the Second Schedule.
In 1963 section 3 of the Act was amended... | 3537.txt |
ION: Criminal Appeal No. 52 of 1955.
Appeal from the judgment and order dated the 15th February, 1955, of the Calcutta High Court in Criminal Appeal No. 40 of 1955 arising out of the 751 judgment and order dated the 22nd January, 1955, of the Additional Sessions Judge, 24 Parganas, Alipore, in Trial No. 1 of January Se... | Appellant was tried by the Sessions judge and a jury on the charge of committing rape.
On the question of the age of the girl expert medical evidence was produced but no birth certificate was available.
The father of the girl could not be examined as he was dead.
According to the Police evidence the whereabouts of the ... | 538.txt |
Appeal Nos.
491 544 of 1991.
From the Judgement and Order dated 12.12.1990 of the Bombay High Court in W.P. Nos.
2646, 2659, 2651, 2649, 2657, 2664, 2648, 2647, 2666, 2658, 2662, 2663, 2667, 2665, 2691, 2693, 2694, 4091, 4098, 4155, 2743, 2789, 2791, 2790, 2740, 4290, 2824, 2858, 2848, 3052, 2863, 2848, 2844, 2843, 283... | The appellant Board conducted secondary examinations in the month of March 1990.
During recounting of the marks obtained by the candidates it was found that moderators mark sheets relating to 283 examinees, which included the 53 respondents, had been tampered with.
The declaration of their results was withheld pending ... | 6689.txt |
Appeal No. 407/61.
908 Appeal by special leave from the judgment and order dated August 23, 1960, of the Orissa High Court in O.J.C. No. 103 of 1959.
N.O. Chatterjee and P. K. Chatterjee, for the appellant, C. K. Daphtary, Solicitor General of India, B. R. L. Iyengar and P. D. Menon, for the respondents.
B.M. Patnaik, ... | The State Government of Orissa rejected the application of the appellant who had applied for grant of a mining lease in December 1957 on the ground that the State Government proposed to arrange for the exploitation of the area in the public sector.
The appellant made an application for review to the Central Government ... | 1436.txt |
APPELLATE JURISDICTION: Writ Petition No. 49 of 1973.
Under Article 32 of the Constitution and Civil Appeals Nos. 43 and 44 of 1973 Appeals by Special Leave from the Judgment and order dated the 27th October 1972 of the Rajasthan High Court in D. B.
Civil Writ Petition Nos. 398/72 and 1 885/71 respectively.
A. K. Sen, ... | Rayon tyre cord fabric which is a textile consisting of rayon threads in the warp and cotton threads in the weft is manufactured on weaving looms in the same manner as any other ordinary textile.
The tyre manufacturers to whom the product is supplied.
impregnate the fabric with rubber and weave it into fabric.
Under En... | 3502.txt |
Civil Appeal No. 334 of 1978.
From the Judgment and Order dated 14.2.1977 of the Punjab and Haryana High Court in Civil Writ Petition No. 1860 of 1975.
WITH Civil Appeal No. 833 of 1977.
414 From the Judgment and Order dated 14 2.1977 of the Punjab and Haryana High Court in Civil Writ Petition No. 1172 of 1974.
Anil De... | For the recruitment of 71 officers in the Punjab Civil Services (Executive Branch) and Allied Services, the Punjab Public Service Commission, at the behest of the State of Punjab, held a competitive examination.
As per the requirement of the Punjab Civil Services (Executive Branch) Rules, 1930, the applying candidates ... | 6669.txt |
Civil Appeal No. 481 of 1971.
From the Judgment and Decree dated the 22nd December, 1969 of the Allahabad High Court in Writ Petition .
No. 210 of 1967.
S.T. Desai and H.S. Parihar for the Appellant.
Harbans Lal, Miss A. Subhashini and V.B. Saharya for the Respondent.
Mrs. Shobha Dikshit for Respondent.
No. 3.
The Judg... | The management of the Sugar Mill of the Appellant was taken over under Rule 125 of the Defence of India Rules 1962 and an Authorised Controller was appointed.
In the appeal by certificate to this Court, it was contended on behalf of the Appellant that long before passing of the order and even before sugar was declared ... | 4800.txt |
Appeals Nos.
1017, to 1027, 1029 to 1032, 1034 to 1037, 1901 to 1906 and 854 of 1968.
Appeals from the judgment and order dated January 30, 1967 of the Orissa High Court in O.J.Cs.
329 of 1965 etc.
C. B. Agarwala end R. N. Sachthey, for the appellant (in all the appeals) H. R. Gokhale, Santosh Chatterjee and G. section... | The Constitution of India, article 31 A, proviso 2, guarantees to a person for compulsory acquisition of his land, the right to compensation which is not less than the market value when the land is within the ceiling limit applicable to him under a law for the time being in force.
Section 1(3) of the Orissa Land Reform... | 2634.txt |
No. XLII of 1950.
Appeal from the judgment of the Calcutta High Court (Harries C.J. and Chakravarthi J.) in Appeal from Original Order No. 78 of 1948.
N.C. Chatterjee (B. Sen, with him), for the appellants.
A.N. Grover, for the respondents.
November 30.
The judgment of Fazl Ali and Patanja li Sastri JJ. was delivered b... | The appellants, a firm of brokers, entered into a contrct for the sale and purchase of a quantity of jute under a "sold note" addressed to the respondents which they signed as "A & Co., brokers" and a "bought note" of the same date and for the same quantity of jute addressed to a third person in which also they signed ... | 28.txt |
87 of 1957.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights.
B. D. Sharma, for the petitioner.
N. section Bindra, R H. Dhebar and T. M. Sen, for the respondents.
March 7.
The Judgment of the Court was delivered by MUDHOLKAR, J.
In this petition under article 32 of the Consti... | The petitioner purchased some land from R. R. was declared to be an intending evacuee and be left for Pakistan.
The Assistant Custodian issued a 'notice to the petitioner to show cause why the land should not be declared to be evacuee property, and after hearing the petitioner he declared the land to be evacuee propert... | 1163.txt |
Civil Appeal Nos.
1237 1238/1970.
From the Judgment and Order dated 15 12 1969 of the Punjab and Haryana High Court in Civil Writ Appeal Nos.
444/68 and 2975/67.
Hardayal Hardy, Mahinder Narain and Rameshwar Nath for the Appellants in both the Appeals.
section M. Ashri and M. N. Shroff for the Respondents in both the A... | The Municipal Committee of Bahadurgarh, respondent No. 2 established Mandi Fateh in Bahadurgarh Town with a view to improve trade in the area.
The Municipal Committee decided that the purchasers of the plots for sale in the Mandi would not be required to pay octroi duty on goods imported within the said Mandi.
A resolu... | 4218.txt |
Appeal No. 1040/63.
C.K. Daphtary, Attorney General, M.S.K. Sastri and R.H. Dhebar, for the appellant.
C.B. Agarwala and A.G. Ratnaparkhi, for the respondent.
The Judgment of the Court was delivered by Gajendragadkar, C.J.
The short question of law which arises in this appeal is whether the appellant, the State of Bomb... | The appellant who was in the service of a State Government asked for long leave which was refused.
Subsequently he asked for ten days ' leave which was granted.
On the expiry of the leave period he did not join duty on the ground that he was seriously ill.
The Government refused to accept the plea and instituted a depa... | 1919.txt |
iminal Appeal No. 74 of 1961.
Appeal by special leave from the judgment and order dated May 7, 1957, of the Allahabad High Court in Criminal Misc.
No. 2006 of 1953.
Veda Vyas, section K. Kapur and Ganpat Rai, for the appellant.
G.C. Mathur and C. P. Lal, for the respondent.
April 27.
The Judgment of Gajendragadkar, Sar... | The respondent passed an order under section 99A of the Code of Criminal Procedure forfeiting two books written by the appellant as in its opinion they contained matter the publication of which was punishable under section 153A and 295A of the Indian Penal Code.
The order did not state the grounds on which the responde... | 1282.txt |
ivil Appeal Nos.
1370/74 and 1768 of 1975.
From the judgment and order dated the 29th September, 1972 of the Allahabad High Court in Income Tax Reference No. 47 of 1971.
S.T. Desai J.B. Dadachanji and K.J. John for the Appellant in C.A. 1370/74 and for Respondent in C.A. 1768/75.
V.S. Desai, Miss A. Subhashini, K.C. Du... | The assessee, a Hindu Undivided Family was deriving income from various sources such as income from property, income from money lending business, income from speculation business and cloth business etc.
There was a partial partition in the family in the year 1951, which was accepted and acted upon by the Income tax dep... | 4497.txt |
Appeal Nos. 38 and 39 of 1964.
Appeals from the judgment and order dated April 10, 1961 of the Madhya Pradesh High Court in Miscellaneous Civil Case No. 63 of 1961.
C. K. Daphtary, Attorney General, R. Ganapathy Iyer and R. N. Sachthey, for the appellant (for both the appeals).
N. D. Karkhanis, Rameshwar Nath, section ... | A joint Hindu family consisting of two branches owned a sugar mill.
After partition, the two kartas entered into a partnership in 1943, to carry on the business of the sugar mill.
The two partners represented the respective joint families, and the partnership deed provided that the death of any of the parties shall not... | 1955.txt |
Appeal No. 67 of 1956.
Appeal from the judgment and decree dated March 20, 1950, of the Bombay High Court in first Appeals Nos. 142 and 211 of 1947.
S.P. Varma, section N. Andley, Rameshwar Nath and P. L. Vohra, for the appellant.
324 H.R. Khanna, R. H. Dhebar and T. M. Sen, for the respondent No. 1.
C.B. Agarwala and ... | A sum of about Rs. 9,000 was due from the appellant to the Government on account of excise dues.
The movable and immovable property of the appellant was several times put for sale by auction under Ch.
XI Bombay Land Revenue Code but the amount remained unrecovered and three items of lands remained unsold.
In view of a ... | 1523.txt |
minal Appeal No. 131 of 1959.
Appeal by special leave from the judgment and order dated November 21, 1958, of the Patna High Court in M. J. C. No. 805 of 1958.
G. section Pathak, section C. Banerjee and P. K. Chatterjee, for the appellant.
R. Ganapathy Iyer and B. H. Dhebar, for the respondents.
February 10.
The Judgme... | 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... | 1131.txt |
Appeal No. 279 of 1964.
Appeal by special leave from the judgment and order dated December 23, 1963 of the Patna High Court in M. J. C. No. 86 of 1963.
M.C. Setalvad, R. K. Garg, D. P. Singh, section C. Agarwar and M.K. Ramamurthy, for the appellant.
C.K. Daphtary, Attorney General, and section P. Varma, for the respon... | The Vice Chancellor of the Bihar University by an order dated January 13, 1963 directed the reconstitution of the Governing Body of the Rajendra College, Chapra, which was a public institution founded by public charities and was affi liated to the University under section 2(d) of the Bihar State Universities (Patna, Un... | 1820.txt |
Appeal No. 247 of 1953.
Appeal by special leave from the judgment and decree dated August 22, 1952 of the Bombay High Court in Appeal No. 66 of 1952 arising out of the decree dated March 7, 1952 of Bombay High Court in its Ordinary Original Civil Jurisdiction in Suit No. 1177 of 1951.
M. C. Setalvad, Attorney General f... | The parties were married in 1942 and there was a child of the marriage.
In 1947 the appellant left for England on business and on his return to India discovered that this wife (respondent) bad been having amorous correspondence with one M, and taxed her with having developed intimacy with him.
She was unable to give an... | 441.txt |
Appeal No. 972 of 1967.
Appeal from the judgment and order.
dated December 14, 15, 1964 of the Gujarat High Court in Special Civil Application No. 54 of 1964.
D. Narsaraju, S.K. Aiyar, S.P. Nayar and, B.D. Sharma, for the appellants.
S.T. Desai, M.C. Bhandare and K. Rajendra Chaudhuri, for the respondent.
The Judgment ... | Under section 297(2)(d)(ii) of the Income tax Act, 1961.
dealing with repeals and savings, notwithstanding the repeal of the 1922 Act, where in respect of any assessment year after the year ending on 31st day of March, 1940, any income had escaped assessment and no proceedings under section 34 of the repealed Act are p... | 2462.txt |
Appeal No. 103 of 1950.
Appeal from a Judgment of the Bombay High Court (Chagla C.J. and Tendolkar J.) dated 25th March, 1949, in Income Tax Reference No. 31 of 1948.
M. C. Setalvad, Attorney General for India (G. N. Joshi, with him) for the appellant.
R.J. Kolah, for the respondent.
Oct. 1.
The Judgment of the Court w... | The expenditure incurred by a company carrying on the manufacture and sale of textile goods in registering for the first time its trade marks which were not in use prior to the 25th January, 12 1937, is revenue expenditure and an allowable deduction under Sec.
10 (2) (xv) of the Indian Income tax Act.
The fact that a t... | 48.txt |
Civil Appeal Nos 1032 1036 of 1973.
From the Judgment and order dated 16.2.1973 of the Gauhati High Court in Civil Rule Nos. 1142 to 1146 of 1971 S.T. Desai, R.P Agarwala, Mrs Kum Kum Sen, Praveen Kumar, D.N. Mukherjee, Ranjan Mukherjee and N.R. Choudhary for the Appellants.
Dr. V. Gauri Shanker and Miss A. Subhashini ... | % The appellants, registered firms under the Income Tax Act, 1961, filed delayed returns.
The Income Tax officer assessed the appellants under section 143(3) of the Act and determined the total incomes of the appellants and the amounts of the tax payable by them.
The Income Tax officer also determined and added, under ... | 5512.txt |
il Appeal No. 2341 of 1978.
From the Judgement and Decree dated 16.11.1977 of the Andhra Pradesh High Court in Writ Appeal No. 358 of 1976.
Altaf Ahmed, Additional Solicitor General, P. Parmeshwaran and Dilip tandon for the Appellant.
128 A.S. Nambiar and B. Parthasarthy for the Respondent.
The Judgement of the Court w... | The appellant issued a notice calling upon the respondent who was a dealer in tobacco to show cause why duty should not be demanded under Rule 160 of the Central Excise Rules, 1944 on the tobacco removed from his warehouse and not accounted for, and further to show cause why penalty should not be imposed for infraction... | 6637.txt |
Appeal No. 503 of 1963.
Appeal from the judgment and order dated January 31, 1962, of the Punjab High Court in I.T.R. No. 28 of 1960.
B. N. Kripal and A. N. Kripal, for the appellant.
Gopal Singh and R. N. Sachthey, for the respondent.
April 9, 1964.
The judgment of the Court was delivered by SUBBA RAO, J.
This appeal ... | The State acquired the land of the appellant.
The Collector made an award under the Land Acquisition Act as a result of which the appellant received Rs. 2,81,822/ , which included a sum of Rs. 48,660/ as interest upto the date of the award. 'The Income tax Officer included Rs. 48,660/ (the said interest) in the total i... | 1899.txt |
ition (Criminal) No. 941 of 1984.
(Under article 32 of the Constitution of India) S.L. Chibber for the Petitioner.
Ashwani Kumar and R.N. Poddar for the Respondent.
The Judgment of the Court was delivered by VENKATARAMIAH, J.
The short question which arises for decision in this petition under Article 32 of the Constitu... | The petitioner was convicted for an offence under Section 307 and Section 459 of the Indian Penal Code and sentenced on February 1, 1980 to a term of rigorous imprisonment.
During the pendency of the trial the petitioner was in judicial custody with effect from January 11, 1980 in another case F.I.R. 315/78 under Secti... | 4854.txt |
Appeal No. 77 of 1957.
Appeal from the judgment and decree dated the August 6, 1954, of the Calcutta High Court in Appeal from Original Decree No. 73 of 1952.
M. C. Setalvad, Attorney General for India, W. section Barlingay and A. 0.
Ratnaparkhi, for the appellant.
A.V. Viswanatha Sastri and P. K. Chatterjee, for respo... | In a mortgage suit brought by him, the respondent 1, the mortgagee, pleaded that limitation was saved by a letter written to him by the mortgagor, the respondent 2, which amounted to acknowledgment under section 19 of the Indian Limitation Act.
There was a prior mortgage and before writing the letter in question the mo... | 1153.txt |
vil Appeal Nos.
18083 of 1985.
From the Judgment and Order dated 12.9.1983 of the Rajasthan High Court in D.B. (Civil) Spl.
Appeal Nos.
35 of 1982, 76, 268 and 270 of 1983.
S.K. Bagga for the Appellants.
B.D. Sharma for the Respondents.
The Order of the Court was delivered by 247 VENKATARAMIAH, CJ.
In these appeals the... | In these appeals on the question: whether section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricul tural Holdings Act, 1973 was violative of Article 14 of the Constitution of India.
Dismissing the appeals, this Court, HELD: Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 was a legisl... | 6256.txt |
Civil Appeal No. 453 of 1988.
897 From the Judgment and Order dated 5.3.1984 of the Punjab and Haryana High Court in Civil Revision No. 3411 of 1983.
E.C. Agarwala for the Appellants.
G.K. Bansal for the Respondent.
The Judgment of the Court was delivered by VENKATARAMIAH, J.
The two short questions involved in this ca... | % The property in dispute was sold by its original owner to the respondent.
Claiming that there was a local custom under which the tenant in occupation of a building had a right of pre emption, the tenant of a portion of the property filed a suit for pre emption and valued the portion at Rs.10,000.
The suit was opposed... | 5615.txt |
N: Criminal Appeal No. 124 of 1972 350 Appeal by Special Leave from the Judgment and order dated 24 11 1971 of the Delhi High Court in Criminal Appeal No.54 of 1971.C. P. Lal for the Appellant.
H. R. Khanna and M. N. Shroff for the Respondent.
The Judgment of the Court was delivered by DESAI, J.
The; appellant in this ... | The appellant who was working as an investigator in the office of the Chief Controller of Imports and Exports was charged, found guilty and convicted and sentenced to suffer rigorous imprisonment for 18 months on each count for an offence under Sections 5(1) (d) and 5(2) of the Prevention OF Corruption Act, 1947 and se... | 3921.txt |
ivil Appeal No. 3002 of 1983.
From the Judgment and Order dated 20.8.1982 of the Madras High Court in S.A. No. 83 of '1982.
G. Ramaswamy (N.P.), Mrs. Anjani and K. Ramkumar for the Appellant.
P.S. Poti and K.V. Sreekumar for the Respondent.
The Judgment of the Court was delivered by SHARMA, J.
This appeal by special le... | In pursuance of a Housing Scheme the Tamil Nadu Housing Board, Madras had allotted residential plots over the land acquired under the Land Acquisition Act, to different groups of applicants including the low income group on terms and conditions stipulated in the lease deed Exh.
B 3 sometime in the year 1963.
After a la... | 6327.txt |
Appeals Nos, 731 732 of 1964.
Appeals by special leave from the order dated January 29, 1963 of the Commissioner of Income tax, Bombay City 1, in No. 1/RP/BBY/40 and 41 of 1961.
N. A. Palkhivala, T. A. Ramachandran, section P. Mehta and O, C. Mathur, for the appellant.
Sarjoo Prasad, R. Ganapathy Iyer and R. N. Sachthe... | The appellant an advocate who maintained his accounts on the cash system gave up practice when he was elevated to the Bench in 1957.
Certain outstanding professional dues were however received by him in the accounting years 1958 and 1959.
These receipts were shown by him as income in his return for the assessment years... | 2120.txt |
No. 5 (N) of 1974.
(Under Article 32 of the Constitution of India).
Soli J. Sorabjee, Harish N Salve, A.K. Verma, K.J. John, Srinivasamurthy, Ms. Naina Kapur, J.B. Dadachanji and Joel Pares for the Petitioners.
Shanti Bhushan and A.V. Rangam for the Respondents.
The Judgment of the Court was delivered by VENKATACHALIAH... | The petitioner companies viz., Veilore Electric Corpora tion Ltd., Kumbakonam Electric Supply Corporation Ltd. and Nagapatam Electric Supply Corporation Ltd. were grantee of licences under the by the Government of the then Presidency of Madras for supply of electrical energy in their respective areas.
In exercise of it... | 6035.txt |
N: Criminal Appeal No. 115 of 1971.
From the judgment and order dated 16th June 1970 of the Calcutta High Court in Criminal Revision Case No. 650 of 1967 and 934 Criminal Appeals Nos.
256 and 257 of 1971 Appeals by special leave from the judgments and order dated the 27 4 67 and 28 1 71 of the Calcutta High Court in Ca... | The respondent, a director of a company was charged with offences under sections 418 and 471 read with sections 468 and 477A, I.P.C. on the ground that he defrauded the company.
At the trial, a single Judge of the High Court discharged the respondent on the view that he had no jurisdiction to proceed with the trial by ... | 3379.txt |
ON: Criminal Appeal No. 140 of 1954.
Appeal by special leave from the judgment and order dated the 23rd July 1953 of the Punjab High Court.
in Criminal Revision No. 487 of 1953 arising out of the judgment and order dated the 17th April 1953 of the Court of Sessions Judge at Hoshiarpur in Criminal Appeal No. D/I of 1953... | Section 7(3) of the East Punjab Essential Services (Mainten ance) Act, 1947, provides that "no court shall take cognisance of any offence under this Act except upon complaint in writing made by a person authorised in this behalf by the State Government".
Held, that the law does not require that the particular com plain... | 418.txt |
s Nos. 39 & 92 of 1969.
Under Article 32 of the Constitution of India for the enforcement of Fundamental rights.
V.M. Tarkunde, G.R. Chopra and C.M. Kohli for the petitioners.
Gobind Das and section K. Nayar, for the respondents (in W.P.No. 39/69) and respondents Nos.
1 4 (in W.P. No. 92/69).
P.K. Chatterjee and G.S. C... | In W. P. No. 92 of 1969, the Petitioner Company prayed for issue of appropriate direction or order for the enforcement of its fundamental rights guaranteed under article 31(1) of the Constitution.
The facts are as follows: The petitioner company was a dealer in non ferrous metals and was a registered supplier to the Di... | 3192.txt |
o. 3 of 1992.
IN Civil Appeal No. 732 of 1973.
From the Judgment and Order dated 29.9.79 of the Delhi High Court in Civil Writ 734 of 1971.
Satish Chandra, Pramod B. Agarwala and Mohinder Rupral for the Appellants.
V.R. Reddy Additional Solicitor General, P. Chidambaram, Syed Akhtar, C.L. Sahu, R.C. Bhalla, P. Parmeshw... | The appellant Shri Chiranjilal Shri Lal Goenka was involved in several suits, one of which was the present appeal.
He died on November 25, 1985 leaving behind his last Will dated October 29, 1982 in which he appointed his younger daughter Mrs. Sushila N. Rungta as the sole executrix Radhey Shyam, the natural son of Shr... | 7038.txt |
minal Appeal No. 101 of 1958.
Appeal by special leave from the judgment and order dated the 12th September, 1956 of the Calcutta High Court in Criminal Appeal No. 19 of 1956, arising 127 out of the judgment and order dated the 8th December, 1955 of the Sessions Judge, Birbhum in Sessions Trial No. 1 of November 1955.
H... | The appellant was tried on a charge of murder by the Sessions judge with the aid of a jury.
The evidence against him consisted of the testimony of an approver and the proof of corroborative circumstances tending to connect him with the crime.
The jury found the appellant guilty and the Sessions judge accepting the verd... | 750.txt |
Appeals Nos.
664 to 669 of 1967.
Appeals from the judgment and order dated March 22, 1962, July 23, 1962, July 24, 1962, July 12, 1963 and August 14, 1963 in Writ Petitions Nos.
1077 of 1959, 19 and 739 of 1960, 157 of 1961, 970 of 1962 and 594 of 1963.
Jagadish Swarup, Solicitor General, section K. Aiyar and R. N. Sac... | Gift tax was levied under the Gift Tax Act, 1958, on gifts, of coffee plantations, paddy and other agricultural lands and buildings, made by the respondents.
The Gift Tax Act was enacted by Parliament but there is no entry in the Union or Concurrent Lists mentioning such a tax.
The High Court held that Parliament was n... | 2822.txt |
vil Appeal No. 528 (NT) of 1989.
From the Judgment and Order dated 7.8.1987 of the Set tlement Commission (IT & WT), New Delhi in Settlement Appln.
No. 22/1/3/ 77 IT.
Harish N. Salve and Miss Bina Gupta for the Appellant.
Dr. V. Gauri Shankar and Miss A. Subhashini for the Respond ents.
The Judgment of the Court was de... | Sub section (1) of section 245C of the Income Tax Act, 1961 entitles an assessee, at any stage of the case, to make an application to the Settlement Commission to have his case settled.
Sub section (1) of section 245D requires the Set tlement Commission, as and when such an application is made to call for a report from... | 5954.txt |
Civil Appeal No. 2905 of 1981.
From the Judgment and Order dated the 19th June, 1981 of the Bombay High Court in Appeal No. 44 of 1981 in Suit No 540 of 1970.
F.S. Nariman, V. Tulzapurkar, R. Nariman, Srikant Singh and Rajan Karanjawala for the Appellants.
L.N. Sinha, Attorney General and P. P. Singh for the Respondent... | The respondent, as plaintiff, filed a suit against the appellant, as defendant, in the Original side of the Bombay High Court for the enforcement of its claim for a large amount of over Rs. 40 lakhs.
The appellant not only contested the claim but also made a counter claim.
The appellant made a request that in the event... | 4618.txt |
Criminal Appeal No. 385 of 1991.
From the Judgment and Order dated 18.4.1988 of the Andhra Pradesh High Court in Crl.
Revision Petition No. 41 of 1987.
M.C. Bhandare and Ms. C.K. Sucharita for the Appellants.
C.N. Sreekumar and G. Prabhakar (for the State) for the Respondents.
The Judgment of the Court was delivered by... | The first appellant and the first respondent were married at Tirupati on 27.2.1975 according to Hindu Law.
They separated in July 1978.
The appellant husband filed a petition for dissolution of the marriage in the Sub Court of Tirupati stating that he was a resident of South Claiborn Avenue, New Orleans, Louisiana, and... | 6751.txt |
Appeal No. 135 of 1961.
Appeal by special leave from the judgment and order dated January 3, 1961, of the Rajasthan High Court, Jodhpur, in Civil Writ Petition No. 1 of 1961.
M. K. Nambiar, R. K. Garg, D. P. Singh, M. K. Ramamurthi and section C. Agarwala, for the appellant petitioner.
H. N. Sanyal, Additional Solicito... | By section 68 D(2) of the , "The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State Transport Undertaking to be heard in the matter, it they so desire, approve or modify the scheme".
The appellant 's objectio... | 1233.txt |
ition No. 106 of 1980 Under Article 32 of the Constitution of India.
with 509 Civil Appeal No. 2735 of 1986 Arising out of Special Leave Petition (Civil) No. 2775 of 1980.
P.S. Potti, K.R. Chaudhary, Miss Malini Poduval and Miss R. George for the Petitioners.
M.K. Ramamurthy, T.V.S.N. Chari and Miss. V. Grover for the ... | The petitioners in Writ Petition 106 of 1980 are working in Group IV Services in various departments of the Government of Andhra Pradesh.
Most of them were appointed after 1974, under the General Rule 10(a)(i)(l) on a purely temporary basis due to the existence of a ban on direct recruitment.
After the lifting of the b... | 5106.txt |
os. 246 of 1956 and 2 of 1959 (Under Article 32 of the Constitution of India for enforcement of Fundamental Rights) with C. As.
126 to 128 of 1958.
August 16, 17.
N. C. Chatterjee, with N. C. Chakravarti, Dipti Bose and section C. Mazumdar for the petitioners in Petition No. 246 of 1956 and with P. Chaudhuri, D. N. Muk... | The Assam Taxation (on goods carried by Roads and Inland Waterways) Act, 1954, was passed under Entry 56 of List II of Seventh Schedule to the Constitution.
The appellants contended that the Act violated the freedom of trade guaranteed by article 301 Of the Constitution and as it was not passed after obtaining the prev... | 935.txt |
Criminal Appeal No. 152/59.
, xi Appeal by Special leave from the judgment and Order dated May 12, 1959 of the Allahabad High Court in Criminal Revision No. 1182 of 1957.
Nur ud din Ahmed, J.,B. Dadachanji, O. C. Mathur, and Ravindar Narain for the Appellants.
852 G. C. Mathur and C.A. Lal for the Respondent.
May 3.
Th... | The appellants who carry on the business in vegetable ghee purchased vegetable ghee from outside U. P. in the name of four fictitious firms.
In their return of sales tax they did not include the sale proceeds of these transactions on the ground that they had purchased from the four firms and that under a notification m... | 1492.txt |
ivil Appeal No. 229 of 1976.
From the Judgment and Order dated 6.9.1974 of the Kerala High Court in A.S. No. 76 of 1974.
section Padmanabhan, K. Prasonthi and N. Sudha Karan for the Appellant.
Ms. Shyamla Pappu, G. Vishwanathan lyer, V.B. Saharya and Mrs. Sarla Chandra for the Respondents.
The Judgment of the Court was... | One Vellappa Rawther, deceased, had incurred debt by means of two promissory notes for Rs.25,000 and Rs.50,000.
In the suits filed on the basis of the promissory notes, the Trial Court granted a decree against the estate of Vellappa Rawther in the hands of defendants 2 to 10.
The High Court on appeal modified the decre... | 6568.txt |
Appeal No. 65 of 1975.
From the Judgment and Order dated 3.12.
1973 of the Gujarat High Court in I.T.R. No. 35 of 1972.
1169 T.A. Ramachandran, Mrs. J. Ramachandran and S.C. Ratelh for the Appellant.
V.S. Desai and Ms. A. Subhashini for the Respondent.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
This... | The assessee, assessed as an individual, derived income from "other sources" in the shape of interest, dividends etc.
In the assessment year 1966 67 she claimed deduction of Rs.26,986 being interest paid on loans taken by her, under section 57(iii) of the Income Tax Act, 1961.
The income Tax Officer found that out of t... | 5339.txt |
Appeal No. 2003/71 (From the Judgment and Order dated 5 12 1969 of the Madras High Court in Tax Case No. 40 of 1965) S.T. Desai, P.L. Juneja and R.N. Sachthey, for the appellant.
G. Venkatarama Sastry, K.R. Ramamani and J. Ramamurthi for the respondent.
The Judgment of the Court was delivered by FAZAL ALI, J.
This appe... | Shri Alladi was a member of the Hindu coparcenary con sisting of himself his wife (Smt.
Alladi) and three sons.
Shri Alladi who died before the came into force, during his life time had settled certain proper ties absolutely on his wife and had also declared certain other properties to form part of the joint family pro... | 3812.txt |
Civil Appeal No. 533 of 1979.
From the judgment and order dated 2nd January, 1979 of the High Court of Kerala in original Petition No. 4935 of 1974 D. and Special Leave Petition No. 81 OF 1971.
From the judgment and order dated the 27th July, 1971 of the Kerala High Court in O.P. No. 4706 of 1969.
T.S. Krishnamoorthy I... | The appellants, who were manufacturers of medicinal and toilet preparations containing alcohol challenged the constitutional validity in their writ petitions under article 226 of the Constitution of the provisions of sections 12A, 12B, 14(e) and (f ), 56A and section 68A of the Kerala Abkari Act, 1967 (Act No. X of 196... | 4450.txt |
Civil Appeal No. 2551 (NT) of 1988.
From the Judgment and Order dated 7.7.1982 of the Allahabad High Court in S.T.R. No.33 of 1982.
A.K. Srivastava for the Appellant.
R.R. Agarwal and C.P. Pandey for the Respondent.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
Special leave granted.
The appeal is ... | The respondent dealer who runs Roller Flour Mills was supplied wheat by the Food Corporation of India and Regional Food Controller for the manufacture of Atta, Maida, Suji etc.
The sale price of the wheat products was fixed by the State Government under the U.P. Roller Flour Mills (Ex Mill Price) Control Order, 1975.
T... | 5773.txt |
tion (Civil) No. 112 of 1990 etc.
(Under Article 32 of the Constitution of India.) P.S. Poti.
E.M.S. Anam, V.J. Francis and M.N. PopIi for the Petitioners.
T.S. Krishnamurthy Iyer, G. Viswanatha Iyer, A.S. Nambi ar.
K.R. Kurup.
section Balakrishanan, Vijay Kumar, T.T. Kunhi Kannan.
section Vasudevan and P.K. Manohar fo... | Consequent upon the establishment of Kerala Water Au thority under the Kerala Water Supply and Sewerage Act, 1986, all the functions which were till then carried on by the Public Health Engineering Department (PHED) were trans ferred to the said Authority.
Contemporaneously with that every person working in the PHED be... | 6584.txt |
ivil Appeal Nos. 2168, 2569, of 1966, 76, 123 and 560 of 1967.
Appeals by special leave from the Award dated June 30, 1966 of the Industrial Tribunal, Delhi in I.D. No. 70 of 1958.
S.T. Desai, Rameshwar Nath and Mahinder Narain, for the appellant (in C.A. No. 2168 of 1966) and respondents Nos. 1 and 2 (in C.As.
Nos. 12... | In the Delhi region there are four textile units.
namely, the D.C.M., the S.B.M., the B.C.M., and the A.T.M. The D.C.M. and the S.B.M. are under one management.
Since 1940 they had also a common retirement benefit scheme with a scale of gratuity.
The ' workmen in all the units were receiving basic wages plus dearness a... | 2488.txt |
tition Nos.
43 of 1981, 51 53, 415 18/81, 5465 5562/83, 1751 52/81 and 7763 7890 of 1983.
676 Dr. L. M. Singhvi, B. Kanta Rao, Lakshmi Kant Pandy and J. Eswara Prasad for the Petitioners.
M. section Ganesh, Ms. Lata Krishnamoorty and T.V.S.N. Chari for the Respondent.
The Judgment of the Court was delivered by DESAI, J... | The Government of Andhra Pradesh, in exercise of powers conferred under the promulgated the Andhra Pradesh Catering Establishments (Fixation and Display of Prices of Foodstuffs) Order, 1978 fixing the maximum prices of seven items of cooked food listed in the Schedule thereto.
As the hoteliers in the State raised a hue... | 4650.txt |
Appeal No. 303 of 1963.
Appeal from the judgment and order dated September 5, 1960 of the Orissa High Court in Appeal under Orissa High Court Order No. 4 of 1956.
N. C. Chatterjee, Ranadey Chaudhuri, G. section Chatterjee and section C. Majumdar, for the appellant.
C. K. Daphtary, Attorney General, N. D. Karkhanis and ... | As a result of constitutional changes following the Indian Independence Act, 1947, the ownership of the public properties of the Maharaja of the Mayurbhanj including certain shares in the appellant company passed to the State of Orissa.
Although the State had acquired title to these shares by operation of law, it also ... | 2121.txt |
Appeals Nos. 116 to 125 of 1961.
Appeals by.
special leave from the judgment and decrees dated March 4, 1955, of the former Andhra Pradesh High Court, Guntur, in section T. Appeals Nos.
83,85 88,90,91 and 119 121 of 1954.
M. C. 'Setalvad, Attorney General for India, R. Ganapathy Iyer, V. Sureshan and G. Gopalakrishnan,... | Consequent upon the notification under the Estates Abolition Act, the impartible Estate of Venkatagiri vested in the Government and on claims made under section 41 of the Act, the tribunal determined advance compensation to the various persons interested.
On appeal against the decision of the Tribunal it was contended,... | 1549.txt |
Petition Nos.
1345, 1635/79, 458, 935.
1418 and 1692/80.
Under Article 32 of the Constitution.
Sukumar Ghosh for the Petitioners in WP No. 1345/79.
S.N. Kacker, Govinda Mukhoty and Rathin Das for the Respondent in WP No. 1345/79.
P. Keshva Pillai for the Petitioner in WP No. 1635/79.
Rathin Das for Respondent No. 2 and... | The West Bengal Land Reforms Act, 1955 permitted a tenant (land holder) to get the land cultivated by a bargadar, on the basis that the bargadar would share tho produce, and the Act contained provisions for enforcement of the right of the tenant to get such share.
Section 17 permitted the tenant to terminate the cultiv... | 4363.txt |
ions Nos. 126 and 127 of 1957.
(Under Article 32 of the Constitution of India for enforcement of Fundamental Rights).
N. C. Chatterjee and Nanak Chand, for the petitioners.
M. C. Setalvad, Attorney General for India, B. Sen and R. H. Dhebar, for the respondents.
October 31.
The following Order of the Court was delivere... | The petitioners were found guilty under section 167(8) of the Sea Customs Act and the currency and other goods recovered from their possession were confiscated and heavy personal penalties imposed on them by the Collector of Central Excise and Land Customs.
Complaints were thereafter lodged against them by the Customs ... | 546.txt |
Appeal No. 426 of 1964.
Appeal by special leave from the judgment and order dated February 22, 1962 of the Punjab High Court (Circuit Bench) at Delhi in Civil Revision No. 311 D of 1958.
S.P. Sinha and Inder Sen Sawhney, for the appellant, K. K. Jain and Bishambar Lal, for the respondent.
The Judgment of the Court was ... | The appellant society carried on business as public carriers on the Kanpur Delhi route.
By an agreement in 1954 they appointed the respondents as their Managing Agents for a period of 3 years.
But much before the expiry of that period they terminated the agreement.
Disputes arising between the parties were under the ag... | 2110.txt |
Appeal No. 43 of 1952.
Appeal by special leave granted by the Supreme Court of India on 11th May, 1951, from the Judgment and Order dated 11th December, 1950, of the Hyderabad High Court in Criminal Appeal No 598/6 of 1950.
B.J. M. Mackenna (A. A. Peerbhoy and J. B. Dadachanji, with him) for the appellant.
V.Rajaram Iy... | Though the prosecution is not bound to call all available witnesses irrespective of considerations of number or reliability, witnesses essential to the unfolding of the narrative on which the prosecution is based must be called by the prosecution, whether in the result the effect of their testimony is for or against th... | 182.txt |
ivil Appeal No. 1617 of 1968.
Appeal by special leave from the judgment and decree dated March 19, 1968 of the Allahabad High Court in Second ' Appeal No. 2296 of 1961.
1. P. Goyal and A. G. Ratnaparkhi, for the appellant.
C.B.Agarwala and R. Mahalingier, for the respondent.
The Judgment of the Court was delivered by H... | The appellant was a tenant of the respondent in respect of a shop in Agra, Uttar Pradesh.
The respondent applied to the District Magistrate under section 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 for permission to institute a suit against the appellant for evicting him from the shop.
The appli... | 2483.txt |
Appeal No. 761 of 1957.
Appeal by special leave from the judgment and order dated February 24, 1955, of the former Bombay High Court in I.T.R. 48/X of 1954.
Hardayal Hardy and D. Gupta, for the appellant.
N. A. Palkhivala and I. N. Shroff, for the respondent.
November 17.
The Judgment of the Court was delivered by SHAH... | The respondent company purchased certain machinery for Rs. 89,000 and sold it for the same value, but in the books of account the written down value of the machinery was shown in the year of account as Rs. 73,392.
The Income Tax Officer in computing the assessable income of the company added the difference, i.e. Rs. 15... | 996.txt |
135 of 1950.
Application under article 32 of the Constitution for a writ in the nature of a writ of certiorari and prohibition.
Dr. Tek Chand (Hardayal Hardy and Jindra Lal, with him) for the petitioner.
M.C. Setalvad, Attorney.
General for India, (section M. Sikri, with him) for the respondent.
january 12.
This is sai... | Section 3 (1) of the Patiala and East Punjab States Union General Provisions (Administration) Ordinance (No. XVI of 2005) which came into force on February 2, 1949, and re enacted section 3 of an earlier Ordinance which was in force from August 20, 1948, provided that as from the appointed day (i.e., August 20, 1948) a... | 23.txt |
: Criminal Appeal No. 80 of 1988.
From the Judgment and Order dated 20.11.1986 of the Gujarat High Court in Spl.
A. No. 886 of 1986.
T.U. Mehta and M.N. Shroff for the Appellant.
V.A. Bobde, Mrs. H. Wahi and Mrs. Kamini Jaiswal for the Respondents.
The Judgment of the Court was delivered by SHARMA, J.
The order of dete... | % The second respondent in the appeal was detained under subsection (1) of section 3 of the .
The grounds of detention Annexure 'B ' served on the detenu stated that information was received by the custom staff that a notorious smuggler and his gang was likely to land packages of contraband goods on the Saurashtra Coas... | 5622.txt |
Special Leave Petition (Civil) No. 8001 of 1986 From the Judgment and order dated 8.7.1986 of the Allahabad High Court in W.P. No. 9664 of 1986.
U.R. Lalit and T. Sridharan for the Petitioner.
The Judgment of the Court was delivered by MISRA, J.
The short question which arises for consideration in this case is whether ... | Section 68 C, occurring in Chapter IVA of the provides for publication of the scheme where any State Transport Undertaking is of opinion that it is necessary in the public interest that road transport services in relation to any area or route be run and operated by such undertaking.
Section 68 D(l) provides for filing ... | 5108.txt |
Appeal No. 2313 of 1966.
Appeal by special leave from the judgment and order dated October 13, 1966 of the Andhra Pradesh High Court in Writ Petition No. 853 of 1966.
M.C. Setalvad. D. Narasaraju, Anwar Ullah Pasha R. V. Pillai and M. M. Kashatriya, for the appellant.
Niren De, Addl.
Solicitor General, P. Ram Reddy, se... | As a result of the Osmania University (Amendment) Act 11 of 1966, section 12(1) of the Osmania University Act, 1959,. was amended to provide for the appointment of the Vice Chancellor by the Chancellor alone; in section 12(2) a provision was introduced whereby he could only be removed from office by an order of the Cha... | 2170.txt |
N: Criminal Appeal No. 154 of 1972.
From the Judgment and Order dated 12 11 1971 of the Allahabad High Court in Criminal Revision No. 865 of 1970.
Shiv Pujan Singh for the Appellant.
D.P. Uniyal and M. V. Goswai for the Respondent.
The Judgment of the Court was delivered by CHINNAPPA REDDY J.
Jorma who was convicted by... | Dismissing the appeal, ^ HELD: Section 499(1) of the Cr.
P.C., which contemplated the execution of a bond by the accused and by the sureties, did not imply that a single bond was to be executed by both the accused and the sureties, signed by the accused and counter signed by the sureties.
An undertaking of the surety i... | 3991.txt |
N: Criminal Appeal No. 273 of 1979.
Appeal by Special Leave from the Judgment and Order dated 14 8 1978 of the Punjab and Haryana High Court in Crl.
A. No. 234/78 and Murder Reference No. 3/78.
H. K. Puri, Amicus Curiae for the Appellant.
R. section Sodhi and Hardev Singh for the Respondent.
The following Judgments wer... | ^ HELD: (Per Sarkaria, J.) The records of this case be submitted to the Hon 'ble Chief Justice for C constituting a larger Bench which would resolve the doubts, difficulties and inconsistencies pointed out by Kailasam J. in his order, particularly in its last paragraph.
(Per Kailasam, J.) 1.
Before the amendment of Sec... | 4022.txt |
Appeal No. 813 of 1962.
Appeal from the judgment and decree dated July 13, 1960, of the Punjab High Court in L.P. Appeal No. 58 of 1958.
N.C. Chatterjee, V. section Sawhney, section section Khanduja and Ganpat Rai, for the appellant.
Naunit Lal, for the respondent No. 1(a).
The Judgment of the Court was delivered by Ay... | Upon the death of the last Mahant of a Dera of Sanyasi Sadhus in Punjab, the respondent, claiming to be the Chela of the deceased and therefore having a preferential title, entered into possession of certain properties basing his title thereto on an appointment made to the office by the Bhekh and the people of the vill... | 1879.txt |
Appeal No. 558 of 1963.
216 Appeal by special leave from the judgment and order dated January 19, 1961 of the Mysore High Court in Civil Petition No. 654 of 1960.
section G. Patwardhan and K. R. Chaudhury, for the appellant.
A. G. Ratnaparkhi, for respondent No. 1.
The Judgment of the Court was delivered by Bachawat, J... | On 8th December 1956, the appellant served on the respondent three months ' notice in writing under section 14(1) (b) of the Bombay Tenancy and Agricultural Lands Act, 1948, terminating the tenancy on the ground of default in payment of rent.
On 24th June 1957 the appellant filed an application under section 29(2) for ... | 2019.txt |
vil Appeal No. 16 13 of 1990.
From the Judgment and Order dated 1.4.
1987 of Patna High Court in Civil Writ Jurisdiction Case No. 4097 of 1985.
196 R.K. Garg, Praveen Swarup and Pramod Swarup for the Appellants.
M.K. Ramamurthi, L.R. Singh, B.B. Singh, D.P. Mukherjee and M.P. Jha for the Respondents.
The Judgment of th... | The subject matter of the Writ Petition is the gradation list dated 9.1.1986 of the Inspectors of Excise by which the Government of Bihar has finally fixed the inter se seniority of the Petitioners who were promoted vis a vis the appel lants in the present appeal who were promoted to posts of Inspectors of Excise in 5%... | 6406.txt |
Appeal No. 937 of 1965.
Appeal from the judgment and order dated September 13.
1963 of the Punjab High Court in Civil Writ No. 841 of 1962 and Civil Appeal No. 938 of 1965.
Appeal from the order dated September 13, 1963 of the Punjab High Court in Civil Writ No. 526 of 1963 and Civil Appeal No. 1195 of 1967.
Appeal fro... | N owned agricultural lands in Bahawalpur State now forming part of Pakistan and also owned some property in Punjab in India.
He died in June 1947 while on a visit to India in the normal course of business, leaving behind three sons, the respondents in the appeal.
On the partition of India, the land in Pakistan original... | 2386.txt |
Appeals Nos.
1043 1044 of 1963.
Appeals by special leave from the judgment and decree dated April 8, 1963 of the Bombay High Court in Appeals Nos. 10 and 11 of 1962.
S.T. Desai, V. N. Thakar, J. B. Dadachanji, 0.
C. Mathur and Ravinder Narain, for the appellant (in both the appeals).
G.S. Pathak, 0.
P. Malhotra and 1.
... | A had insured his car with the appellant under a comprehen sive policy.
A permitted B, (who had insured his own car with another company) to drive his car and while B was driving the car it met with an accident.
As a result of the accident died and D sustained serious injuries.
Both C and D were in the car.
The heirs o... | 1816.txt |
Appeal No. 1648 of 1966.
Appeal from the judgment and decree dated July 9, 1964 of the Andhra Pradesh High Court in Writ Appeal No. 116 of 1963.
D. Narsaraju, A. Subba Rao and A.V.V. Nair, for the appellants.
P. Ram Reddy and .A. V. Rangam, for the respondents.
The Judgment of the Court was delivered by Grover J.
This ... | The appellants were the transferees of lease hold rights granted by the proprietor of an impartible estate in respect of lands in the estate.
The estate was notified and abolished in 1948 under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948.
The Manager who was appointed col... | 2749.txt |
Civil Appeal No. 216 of 1953.
On appeal from the judgment and decree dated the 8th March, 1951 of the Mysore High Court in Regular Appeal No. 123 of 1947 48 arising out of the decree dated the 23rd June 1947 of the Court of District Judge, Bangalore in Original Suit No. 84 of 1945 46.
K. section Krishnaswami Iyengar an... | The appellants as defendants in a suit for declaration of title to certain building sites sought to resist the respondents ' claim, arising by purchase from a purchaser in a sale in execution of a mortgage decree passed on a mortgage deed of 1918, by a counter claim based on a purchase of the same lands made in 1920 by... | 434.txt |
Appeal No. 214 of 1954.
Appeal under Article 133 (1) (c) of the Constitution of India from the Judgment and Order dated the 17th July 1953 of the, High Court of Rajasthan (Bapna and Ranawat JJ.) in Civil Writ Application No. 128 of 1953.
R. K. Rastogi and Ganpat Rai, for the appellant.
R. C. Prasad, for section L. Chhi... | Notwithstanding the provision in section 105 of the Representation of the People Act (Act XLIII) of 1951 that every order of an Election Tribunal made under the Act shall be final and conclusive, the High Court and the Supreme Court have unfettered jurisdiction to examine whether the tribunal, in the exercise of its un... | 504.txt |
IGINAL JURISDICTION: Special Leave Petition (C) No. 15257 of 1987.
From the Judgment and Order dated 23.4.1987 of the Delhi High Court in CMP No. 268 of 1987.
V.M. Tarkunde, D.D. Thakur, Govinda Mukhoty, A.P. Singh, K.N. Rai, section Balakrishnan, R.N. Keswani, R.F. Nariman, P.H. Parekh, D.Y. Chanderchud, J.P. Pathak, ... | The petitioners in these special leave petitions and writ petitions claim the right to engage in trading business on the pavements of roads of the city of Delhi.
The special leave petitions are against the judgments of the Delhi High Court dismissing their claim.
It is contended on behalf of the petitioners that (i) th... | 6164.txt |
Appeal No. 1361 of 1966.
Appeal by special leave from the judgment and order dated April 5, 1963 of the Madras High Court in Second Appeal No. 1287 of 1960.
Niren De, Attorney General, V. A. Seyid Muhammad, R.N. Sachthey and S.P. Nayar, for the appellant.
Lily Thomas, for the respondent.
The Judgment of the Court was d... | Section 188 of the , provides for an appeal against any order of an officer of customs and the order passed in the appeal is made final subject to the. revision under section 191 of the Act.
The respondent claimed refund of customs duty paid by him under protest.
The claim was rejected.
An appeal to the Collector of Cu... | 2780.txt |
: Criminal Appeal No. 230 of 1976.
(Appeal by Special Leave from the Judgment and order dated 11.9.1975 of the Punjab & Haryana High Court in Crl.
Appeal No. 392 of .1975 and Murder Reference No. 14/75).
S.K. lain, for the Appellant.
O.P. Sharma, for the Respondent.
Judgment The Judgment of the Court was delivered by P... | The appellant was convicted by the Sessions Court under section 302, IPC, and sentenced to death.
On the date of the judgment his advocate was not present.
The trial court did not give the accused an opportunity to be.
heard in regard to the sentence as required by section 235(2), Cr.P.C., 1973.
The appellant also did ... | 3680.txt |
minal Appeal No. 201 of 1962.
Appeal by special leave from the judgment and order dated February 20, 1962, of the Bombay High Court in Criminal Appeal No. 1405 of 1961.
C. L. Sareen, for the appellant.
H. B. Khanna and R. H. Dhebar, for the respondent.
January 23.
The judgment of the Court was delivered by SUBBA RAO, J... | The four accused persons stood their trial before the Additional Sessions judge for the murder of one Vishwanath.
The charge against them was that they in view of their common grudge a against the deceased, combined together and did away with the deceased.
They were charged under section 302 read with section 34 of the... | 1575.txt |
Civil Appeal No. 1153 of 1975.
Appeal by Special Leave from the Judgment and order dated the 29th November 1974 of the Mysore High Court at Bangalore Writ Petition No. 117 of 1973.
section V. Gupte, K. R. Nagaraja for the Appellant.
Shyamla Pappu (Mrs.) for Respondent No. 3.
The Judgment of the Court was delivered by G... | Section 45(1) of the , a general provision regulating applications for inter regional route permits within a State requires an application to be made to the appropriate Regional Transport Authority mentioned in the proviso thereto namely, either to the Regional Transport Authority of tho region in which the major porti... | 3397.txt |
Appeal No. 265 of 1956.
Appeal from the judgment and order dated August 26, 1954, of the Calcutta High Court in Income tax Reference No. 107 of 1952.
S.Mitra, Dipak Choudhry and B. N. Ghosh, for the appellants.
C.K. Daphtary, Solicitor General of India, K. N. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the respon... | The appellant carried on business in England and in India.
For the previous years it paid excess profits tax in both countries and it obtained deduction of the amounts so paid from its profits and gains for the purposes of the Indian Income tax Act.
In the assessment year 1947 48 it obtained a repayment of RS.
2,31,009... | 701.txt |
No. 1275 of 1989 etc.
(Under Article 32 of the Constitution of India).
Ms. Rani Chhabra, K. Ramkumar, Govind Mukhoty and Vimal Dave for the Petitioners.
M.K. Ramamurthy (NP), K.K. Venugopal, H.S. Gururaj Rao, Ms. Chandan Ramamurthi, M.A. Krishnamurthi, T.V.S.N. Chaff, section Markandeya, W.A. Nomani, G.S. Giri Rao and ... | Sub rule 3(a) of rule 3 of the Andhra Pradesh (Roads and Buildings) Engineering Service Rules, 1965 prescribes that the substantive vacancies in the category of Assistant Engineers 37 1/2 per cent shall be filled up by direct recruitment and the remaining 62 1/2 per cent by transfer and promotion of junior officers.
In... | 6454.txt |
ivil Appeal No. 2368 of 1986 Etc. 656 From the Judgment and Order dated 30.5.1986 of the Delhi High Court in CW No. 1295 of 1986.
K.K. Venugopal, A.K. Ganguli, Yogeshwar Prasad, P.R. Seetharaman, S.K. Gupta and A.K. Srivastava for the Appel lants.
Soli J. Sorabjee, Attorney General, Kapil Sibbal, Addi tional Solicitor ... | The appellants/petitioners were tenants in the premises belonging to the respondent Banks/Life Insurance Corporation of India.
Their tenancy had expired or had been terminated by the respondents and eviction proceedings initiated against them under the provisions of the .
Writ peti tions under Article 226 were filled b... | 6526.txt |
Appeal No. 2416 of 1981 From the Judgment and Order dated 21.1.1981 of the Punjab and Haryana High Court in R.S.A. No. 2985 of 1980.
Rajinder Sachar and R.S. Sodhi for the Appellants.
M.K. Ramamurthy, N.K. Agarwala and S.K. Puri for the Respondents.
The Judgment of the Court was delivered by RAY, J.
This appeal by spec... | Rule 3 of the Punjab Civil Services (Premature Retire ment) Rules, 1975 empowers the appropriate authority to retire an employee on the date on which he completes twenty five years of qualifying service, or attains fifty years of age or thereafter, in public interest by prior notice in writing of not less than three mo... | 5191.txt |
Appeal No. 357 of 1967.
Appeal from the judgment and order dated December 9, 1963 of the Calcutta High Court in Appeal from Original Order No. 110 of 1960.
B. Sen, Sadhu Singh, Jagmohan Khanna, R. N. Kapoor and section K. Dholakia, for the appellants.
G. L. Sanghi, B. Dutta and section P. Nayar, for the respondents.
87... | The appellant, a partnership firm having 2 partners, carried, on business of importers and exporters, etc.
The Cashier of the firm handed over a wooden case, to the Swiss Airways at Dum Dum for being sent to Hong Kong by air.
According to the consignment note, the consignment was being sent by one R. of Karnani mansion... | 3039.txt |
Appeal No. 135 of 1962.
Appeal from the judgment and order dated April 30, 1958, of the Orissa High Court in O.J.C. No. 321 of 1955.
M. C. Setalvad, Sarjoo Prasad and A. D. Mathur, for the appellant.
section V. Gupta, Additional Solicitor General, M. section K. Sastri and R. N. Sachthey, for the respondent.
March 5, 19... | A writ petition was filed in the Orissa, High Court by the father of the appellant challenging the validity of Shri Jagannath Temple Act, 1954.
The petition was dismissed by High Court which held that the Act was valid and constitutional except section 28(2)(f).
The High Court struck down that provision and upheld the ... | 1752.txt |
N: Criminal Appeal No. 144 of 1972.
Appeal by Special Leave from the Judgment and order dated 1 2 1972 of the Madhya Pradesh High Court in Criminal Revision No. 709/71.
R. Nagarathnam for the Appellant.
section K. Gambhir, Miss B. Ramrakhiani and J. M. Khanna for the Respondent.
The Judgment of the Court was delivered ... | On a complaint by the Additional Registrar of the Madhya Pradesh High Court alleging that, while the Paper Book in the Supreme Court appeal was being prepared, the appellant entered, into a conspiracy with two of the translators of the Court and tampered with the of original deposition of one Dr. section C. Barat (D.W.... | 3929.txt |
ivil Appeal Nos. 2542 to 2544 of 1972.
Appeals by Special Leave from the Judgment and order dated 11 12 1970 of the Madras High Court in Civil Revision Petitions Nos.
1824 and 1825/65.
V. P. Raman, Adv.
and A. V. Rangam for the Appellant.
1123 A. T. M. Sampath for Respondent in C.A. 2542/72.
K. section Ramamurthi, Mrs.... | Section 7 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961, provides that on and from the date of commencement of the Act no person shall, except as otherwise provided in the Act, but subject to the provisions of Chapter VIII, be entitled to hold land in excess of the ceiling area.
Section 22 provi... | 4020.txt |
Civil Appeal No. 662 of 1981 Appeal by special leave from the judgment and order dated the 15th January, 1981 of the Bombay High Court in Letters Patent Appeal No. 611 of 1980.
Soli J. Sorabji G.L. Sanghi, P.H. Parekh, P.K. Shroff and Gautam Philips for the Appellant.
R.P. Khambata, B.R. Agarwala, K.P. Khambata, Ashok ... | In a suit for specific performance of an agreement to sell filed on the original side of the Bombay High Court the plaintiff (appellant) prayed for certain interim reliefs.
A single Judge of the High Court dismissed the application.
A Division Bench of the High Court, on appeal by the plaintiff, held that the appeal wa... | 4440.txt |
Civil Appeal Nos.
1685 1686 1971 Appeals by Special leave from the Judgment and Order dated 8.1.1971 & 14.11.1969 of the Punjab and Haryana High Court 374 in S.C. Appeal No. 96 of 1970 & First Appeal No. 59 of 1964.
M.N. Phadke and Harbans Singh for the Appellant.
Harbans Lal, Urmila Kapoor, Kamini Jaiswal, Nishi Puri,... | A group of persons residing in a village and professing the Sikh religion made an application to the State Government to declare the religious and charitable institution described in the application as a Sikh Gurdwara.
This application was published in the Officer Gazette and respondent No. 1 filed objections under sec... | 4787.txt |
Appeal No. 1336 of 1967.
Appeal by special leave from the judgment and order dated October 7, 1966 of the Andhra Pradesh High Court in Writ Petition No. 1268 of 1966.
P. Ram Reddy and A. V. V. Nair, for the appellants.
K.Narayana Rao and G. Narayana Rao, for the intervener.
The Judgment of the Court was delivered by Sh... | By an order of the State Government, Andhra Pradesh, issued on July 29, 1966, 20% of the total number of seats for admission to medical colleges in the State were reserved, for members of the backward classes described in a list prepared by the Government.
This order and the list were challenged in writ petitions befor... | 2382.txt |
Appeal No. 2394 of 1966.
Appeal by special leave from the judgment and decree dated June 26, 1964 of the Calcutta High Court in Appeal from Appellate Decree No. 1011 of 1962.
section V. Gupte and D. N. Mukherjee, for the appellants. 667 Bishan Narain and P. K. Ghosh, for respondents Nos. 1, 2(c), 2 (d), 2 (f ) and 2 (g... | The plaintiff became a co sharer with the defendant in the suit property in the year 1941 as a result of some conveyances by members of the defendants ' family.
The property was in the occupation of military authorities by requisition under the Defence of India Act, 1939, and the Rules made thereunder, for four years f... | 2926.txt |
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... | 1531.txt |
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