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Civil Appeal No. 3582 of 1986.
From the Judgment and Order dated 24.7.1985 of the Delhi High Court in Civil W.P. No. 435 of 1985.
section Rangarajan and Ms. Asha Rani Jain for the Appellant.
V.C. Mahajan, Ms. C.K. Sucharita and C.V. Subba Rao for the Respondents.
32 The Judgment of the Court was delivered by SEN, J.
Th... | Fundamental Rule 54 requires that when a Government servant who had been dismissed, removed or suspended is reinstated, the authority competent to order reinstatement has to make a specific order (a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty, and (b) d... | 0 |
ivil Appeal No. 1430 of 1990.
From the Judgment and Order dated 21.10.1989 of the Central Government Industrial Tribunal, New Delhi in I.D. No. 40 of 1986.
N.B. Shetye and A.M. Khanwilkar for the Appellant.
Ashok H. Desai, R.P. Bhatt.
P.H. Parekh and Mrs. Sumita Sharma for the Respondents.
The Judgment of the Court was... | The appellant Union, representing about 900 casual labourers falling under the Contract Labour (Regulation and Abolition) Act, 1971 some of whom formed Co operative societies and entered into contracts with the respondent refinery while others worked for contractors who had contracts with the refinery, filed a writ pet... | 1 |
Writ Petition No. 1555 of 1979 etc.
(Under Article 32 of the Constitution of India).
144 D.N. Dwivedi and Sarwa Mitter for the Petitioners.
Dr. L.M, Singhvi, B.D. Sharma, Shri Narain, Sandeep Narain, Shrid Rizvi and D.K. Singh for the Respondents.
The Judgment of the Court was delivered by R.M. SAHAI, J.
Validity of Ra... | In the Writ Petition flied in this Court, the validity of Rajasthan Agricultural Produce Markets Act, 1961, levying market fee on sale and purchase of agricultural produce was challenged for lack of legislative competence, and arbitrary inclusion of Khandsari, Shakkar, Gur and Sugar as agricul tural produce in the Sche... | 2 |
ition No. 6607 of 1981.
Kapil Sibal (A.C.) for the Petitioner.
N.C. Talukdar and R.N. Poddar with him for the Respondent.
Miss A. Subhashini for CBI.
Daniel Latiffi and N.K Agarwal with him for the Intervener.
The Judgment of the Court was delivered by PATHAK, J.
The petitioner, Shri Bhagwant Singh, has applied to this... | The petitioner Bhagwant Singh a member of the Indian Revenue Service applied to the Court for intervention and necessary relief in the matter of the death of his married daughter Gurinder Kaur alleging that due to several circumstances he was convinced that his daughter was murdered in the house of her parent 's in law... | 3 |
Appeal No. 164 of 1962.
Appeal from the judgment and decree dated june 19,1958, of the Andhra Pradesh High Court in Appeal Suit No. 944 of 1953.
K. Bhimasankaram, J. V. Kriahna Sarma and T. Satyanarayana, for the appellant.
A. Ranganadham Chetty, Miss A. Vedavalli, N. Rajeshwara Rao and A. V. Rangam, for respondents 1 ... | The appellant purchased the suit property under a sale deed executed by defendant 4 on May 20, 1949.
Defendants 3 and 4 had been doing business in partnership, which, how.
ever, was dissolved on March 31, 1949.
The deed of dissolution showed that the partnership owed debts to the extent of Rs. 2 1/2 lakhs and that the ... | 4 |
Appeal No. 2458 of 1966.
Appeal by special leave from the judgment and decree dated April 1, 1963 of the Allahabad High Court in Sales tax Reference No. 391 of 1959.
C.B.Agarwala and O.P. Rana, for the appellant.
J.P. Goyal and Sobhag Mal Jain, for the respondent.
711 The Judgment of the Court was delivered by Shah, J.... | The respondent was a medical practitioner in Uttar Pradesh and maintained a dispensary from which medicines were issued to his patients according to his prescriptions.
According to notification No. S.T. 3504/X, dated May 10, 1956 issued under section 3A of the U.P. Sales Tax Act, 1948, tax in respect of sale of medicin... | 5 |
tions (C) Nos.
331 47 of 1984.
(Under Article 32 of the Constitution of India. ) Rajinder Sachar and K.T. Anantharaman for the Petitioners.
Narayan B. Shetty, G.B. Pai, S.S. Shroff, Mrs. P.S. Shroff, Miss Girja Krishan, S.A. Shroff, Mrs. Pallavi Shroff, O.C. Mathur and A.M. Dittia for the Respondents.
The Judgment of t... | ESSO Standard Refining Company of India Ltd. and Lube India Ltd. were acquired by the ESSO (Acquisition of Under takings in India) Act, 1974 and vested in the Hindustan Petroleum Corporation Ltd.
In 1978 Caltex Oil Refining India Ltd., another Government company was amalgamated with HPCL.
Consequent upon this integrati... | 6 |
ivil Appeal No. 203 of 1975.
From the Judgment and Order dated 12.12.1974 of the Madhya Pradesh High Court in Second Appeal No. 569 of 1970.
U.R. Lalit, Rameshawar Nath, L.G. Kher and Ravinder Nath for the appellant.
P.P. Rao, Dr. N.M. Ghatate, S.V. Deshpande, Ms. Priya Gupta and Ejaz Maqbool for the Respondents.
The J... | One Govind Rao Harshe mortgaged some agricultural land and a house to Lakshmi Chand and Duli Chand Modi.
The mortgagees filed a suit and obtained a preliminary decree and later a final decree for sale of the property for realisation of Rs. 5001/13/6 on 26.3.1938, and applied for execution of the said decree, which was ... | 7 |
ew Petition No. 37 of 1959.
Petition for Review of this Court 's judgment and order dated October 29, 1959, in Civil Appeal No. 38 of 1958.
C. K. Daphtary, Solicitor General of India, B. Sen, J. B. Mehta and J. B. Dadachanji, for the petitioner.
N. C. Chatterjee and section section Shukla, for respondents.
J. B. Mehta ... | Where at the hearing of an appeal filed by special leave from a decision of the High Court in a Writ Petition filed there under article 226 of the Constitution of India against an order of the Payment of Wages Authority, the Court considered that there was some force in the contention relating to the jurisdiction of th... | 8 |
Civil Appeal No. 1224 of 1977.
Appeal by special leave from the judgment and order dated the 3rd September, 1976 of the Gujarat High Court in Special Civil Appln.
No. 1501 of 1974 84 F.S. Nariman, Dr. Y.S. Chitale, K.S. Nanavati, C.R. Gandhi, P.H. Parekh and Miss Vineeta Caprihan for the Appellant.
Soli J. Sorabjee, G.... | The Bombay Town Planning Act, 1954 (which was made applicable to the State of Gujarat) provides for the compulsory acquisition of land and payment of compensation for the land so acquired for the development or re development or improvement of the entire area within the jurisdiction of a local authority such as a munic... | 9 |
N: Criminal Appeal No. 499 of 1976.
Appeal by Special Leave from the Judgment and Order dated 22 7 1975 of the Punjab & Haryana High Court in Criminal Appeal No. 166/75 and Murder Reference No. 10/75.
O.P. Sharma and M. section Dhillon for the Appellant.
R.K. Jain for Respondents Nos. 1 and 3 to 6.
R.K. Kohli and R. C.... | The prosecution case against the six accused (Respondents) was that prior to the incident in question, there was an altercation between the two deceased on one side and the six accused on the other over trespass of cattle of the accused persons on the land of the deceased, which damaged his cotton crop.
On the day of t... | 10 |
No. 47 of 1966.
Petition.under article 32 of the Constitution of India for the enforcemont of fundamental rights.
The petitioner appeared in person.
210 Niren De, Additional Solicitor General, N. section Bindra, R. H. Dhebar and B.R.G.K. Achar, for the respondent.
R. V. section Matti, for the intervener.
The Judgment o... | The petitioner, the editor of a newspaper, was detained under r. 30(1)(b) of the Defence of India Rules, 1962.
He filed a petition under article 32 of the Constitution for a writ of habeas corpus challenging the legality of the detention order on various grounds.
Dismissing the petition, HELD:Rule 30 (1) (b) cannot be ... | 11 |
vil Appeal No. 4289 of F 1991 etc.
From the Judgment and Order dated 25.8.1989 of the Punjab & Haryana High Court in Civil Writ Petition No. 2635 of 1989.
Soli J. Sorabjee, Krishnamurthy lyer, Bishamber Lal Khanna, H.K. Puri, Ms. Geetanjali Mohan, Ms. A.K. Verma, P.R. Ramasesh, MahabirSingh, R. Mohan and Ayyam Perumal ... | Section 3 of the Water (Prevention of Pollution and Control) Cess Act, 1977 provided that water cess was payable by every person carrying on any specified industry and every local authority, for the purposes of the .
"Specified industry" was defined in the Act meaning any industry specified in Schedule 1.
There were 15... | 12 |
Appeal No. 144 of 1977.
Appeal by Special leave from the Judgment and order dated the 2nd January, 1976 of the Karnataka High Court in Writ Appeal No. 430 of 1974.
509 V.N. Satyanarayana, K. Rajendra Chowdhary and Veena Devi (Mrs.) Khanna for the Appellant.
S.S. JavaIi, B.P. Singh and A. K. Srivastava for Re spondent.
... | The respondent was serving as an Accountant in 'the Electricity Department of the former State of Hyderabad.
On the reorganisation of the States in pursuance of the , he was allotted to the new State of Mysore with effect from 1st November, 1956.
Option was given to the respondent to continue in the Government serv ice... | 13 |
Civil Appeal No. 705 of 1962.
Appeal by special leave from the Award dated September 19, 1961 of the Fourth Industrial Tribunal, West Bengal in Case No. VIII 42 of 1961.
H. N. Sanyal, Solicitor General of India and P. E. Chatterjee, for the appellant.
D.L. Sen and Janardhan Sharma, for the respondents.
May 2.
The judgm... | The appellant dismissed one of its workmen on a domestic enquiry held by its Manager who did not record any findings, took some of the evidence in the absence of the workman and found him guilty of misconduct under Rule 14 (c) (i) and (viii) of the Standing Orders.
The Industrial Tribunal held that the dismissal was un... | 14 |
Appeal No. 32 of 1965.
Appeal by special leave from the judgment and order dated May 13, 1963 of the Calcutta High Court in Award Case No. 119 of 1963.
Sachin Chowdhury, M. G. Poddar and D. N. Mukherjee, for the appellant.
Sardar Bahadur, for the respondent.
The appellants applied to the High Court of Judicature at Cal... | Under section 15(1) of the Forward Contracts (Regulation) Act 1952, forward contracts for the sale or purchase of specified goods may be entered into only between members of a recognised association or with a member or through any member of such association otherwise, the contract will be invalid.
By sub section
(4), P... | 15 |
(Civil) No. 511 of 1988.
WITH Writ Petition (Civil) No. 975 of 1988.
391 (Under Article 32 of the Constitution of India).
K.V. Sreekumar, (N.P.) for the Petitioners.
V.C. Mahajan, A.K. Panda, Ms. C.K. Sucharita, and Ms. A. Subhashini for the Respondents.
The Court delivered the following Order: One of the matters which... | In these petitions on the question: as to how the provi sions of the Inter State Migrant Workmen (Regulation of Employment and Condition of Service) Act, 1979 can be en forced.
Disposing the Writ Petitions, this Court, HELD: 1.
Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 i... | 16 |
vil Appeal No. 2089 of 1985.
(with C.A. Nos.
99 100 of 1986 & 3340 46 of 1984).
From the Judgment and Order dated 24.11.1983 of the Excise & Gold (Control) Appellate Tribunal in Appeal No. ED (SB) 1255/83 D. 1227 Hemant Sharma, C.V. Subba Rao and K. Swamy for the Appellant.
R.N. Banerjee and K.J. John for the Responden... | The respondents, manufacturers of P.V.C. Conveyor Belt ing, contended before the Customs, Excise and Gold (Control) Tribunal that for purposes of excise duty under the Central Excise Tariff this item fell under Item 68.
The Revenue submitted that the commodity was governed by Item 22.
The Tribunal recorded a finding of... | 17 |
67 of 1953.
Petition under article 32 of the Constitution of India for a writ in the nature of habeas corpus.
Veda Vyas (V. N. Sethi and section K. Kapur, with him) for the petitioner.
M. C. Setalvad, Attorney General for India (G. N. Joshi, with him) for the respondents.
709 1953.
April 16.
The Judgment of the Court w... | Under article 21 (5) as interpreted by an earlier decision of this court a person detained under the Preventive Detention Act is entitled, in addition to the right to have the ground of his detention communicated to him, to a further right to have particulars as full and adequate as the circumstances permit furnished t... | 18 |
Appeal No. 900 of 1976.
Appeal by Special Leave from the Judgment and Order dated 8 3 1976 of the Gujarat High Court in Spl.
Civil Appln.
No. 263 of 1976.
P.H. Parekh and (Miss) Manju jetley for the Appellant.
S.C. Agarwal, V.J. Francis and A.P. Gupta for the Respond ents.
933 The Judgment of the Court was delivered by... | An industrial dispute between the appellant and its workmen including the respondents, was pending before the Industrial Tribunal.
The dispute, inter alia, related to the demand for permanent status of the respondents who were rated workers of the water works section of the Munici pality.
Meanwhile, without obtaining t... | 19 |
Civil Appeal No. 150 of 1963.
Appeal by special leave from the judgment and decree dated January 9, 1962 of the Calcutta High Court in Appeal from Original Decree No. 48 of 1961.
N.C. Chatterlee, R.K. Garg, S.C. Agarwal, M.K. Rarnatnurthi and D.P. Singh, for the appellant.
M.C. Setalvad and B.P. Maheshwari, for the res... | The appellant was a sub tenant of S on a monthly basis commencing from April 1, 1954.
S was the tenant of the Respondent from September 15, 1943 on a monthly rental.
On June 16, 1955, the respondent obtained a decree of ejectment against section In view of sub s(2) of section 13 of the West Bengal Premises Rent Control... | 20 |
Appeal No. 757 of 1963.
Appeal by special leave from the judgment and decree dated November 29, 1960 of the Andhra Pradesh High Court in Appeal No. 261 of 1956.
M. C Chagla, R. Thiagarajan and T. Satyanarayana, for the appellant.
Suryanarayanamurthy and K. Jayaram for respondents Nos. 1, 4 to 6, 9 to 11, 13, 17, 25, 26... | One B, a Brahmin Karnam, executed a will in 1903 authorising his 'widow to adopt.
After his death, the widow adopted R in 1904.
The first respondent was R 's adopted son.
R died in 1950, and his adoptive mother died in 1952.
During his lifetime, R was recognised by every member of the family as the adopted son of B, an... | 21 |
minal Appeals No. 76 82 of 1965.
Appeals from the judgment and order dated September 9, 1963 of the Punjab High Court, Circuit Bench at Delhi in Criminal Writs Nos.
3 D, 4 D, 5 D, 6 D, 7 D, 10 D and 12 D of 1962.
B. R. L. Iyengar and R. N, Sachthey, for the appellants (in all the appeals).
G. section Bawa and Harbans S... | Section 18 of the Suppression of Immoral Traffic in Women and Girls Act, 1956, provides for two classes of cases namely, (1) those coming under sections 3 or 7 as well as under section 18, and (2) those coming only under section 18.
Sections 3 and 7 provide for the punishment of persons guilty of the offences mentioned... | 22 |
ivil Appeal No. 3054 of 1988.
From the Judgment and Order dated 16.3.1988 of the Rajasthan High Court in S.B. Civil Miscellaneous Appeal No. 240/1987.
K. Parasaran, Attorney General, B.L. Saruparia and Badridas Sharma for the Appellant.
Soli J. Sorabjee, Paras Kulad, Rohinton F. Nariman and Rathin Das for the Responden... | A dispute over the completion of construction work under a contract led to the litigation between the appellant and the respondent company.
However, during the pendency of the proceedings in the High Court, the parties agreed to settle the dispute through arbitration.
The Arbitrators gave their award in favour of the r... | 23 |
Special Leave Petition (Civil) No.9887 of1987.
From the Judgment and order dated 20.8.
1987 of the Bombay High Court in L.P.A. No. 77 of 1987.
K.K. Venugopal, A.K. Sen, M.K. Nesari, P.H. Parekh and R.K. Dhillon for the petitioners.
F.S. Nariman, U.J.Maskeja, B.S. Basaniaum, J. Peres, A.K. Verma and D.N. MiShra for the ... | In 1945 the first respondent Trustees of Port of Bombay, granted lease of plot owned by them for the purpose of erecting a godown for carrying on commercial activities at a monthly rent of Rs. 925.
In 1946 the lessee erected a permanent godown.
In 1958, he granted lease of the said godown to the petitioners.
The first ... | 24 |
Criminal Appeal No. 60 of 1963.
Appeal by special leave from the judgment and order dated August 24, 1962 of the Allahabad High Court in Government Appeal No. 1379 of 1962.
B.C. Misra and O.P. Rana, for the appellant.
1. P. Goyal, for the respondent.
The Judgment of the Court was delivered by Sikri, J.
This appeal by s... | The respondent obtained permits under the Iron and Steel (Control) Order, 1956 on the representation that he wanted to purchase iron goods for the purpose of building a temple and a dharamshala.
The permits were obtained from the authorities of District Deoria in U.P.
At the back of the permit a condition was printed t... | 25 |
Criminal Appeals Nos. 48 and 80 of 1960.
Appeals by special leave from the judgment and orders dated December 11, 1959 and March 2, 1960 of the Bombay High Court Rajkot (Now Gujarat High Court) In criminal Revision Application No. 100 of 1959.
855 N.N. Keswani, for the appellants (in both the appeals).
D.R. Prom and R.... | Smuggled gold recovered from the appellants was confiscated and a penalty imposed on them.
Thereafter the appellants were tried and convicted under section 167(81) of the Sea ' Customs Act.
In their statements made to the customs authorities, the appellants had practically admitted the prosecution case and these statem... | 26 |
tition Nos.
15863 15906 of 1984.
(Under Article 32 of the Constitution of India) D.N. Goburdhan, D. Goburdhan, Ms. Gita Luthra and Ms. Pinky Anand for the Petitioners.
G. Ramaswamy, Additional Solicitor General, Kuldeep Singh, Additional Solicitor General, C. Ramesh and Mrs. Sushma Suri for the Respondents.
G The Judgm... | % The petitioners, who were engaged on terms of casual labour for periods varying between 10 and 16 years in the Construction Department of the Signal Unit in the Northern Railway, filed writ petitions in this Court alleging that though they had put in continuous service for quite a long period, the Railway Administrat... | 27 |
No. 118 of 1968.
Petition under article 32 of the Constitution of India for enforcement of the fundamental rights.
B. Datta, for the petitioner.
C.K. Daphtary, Attorney General, B.D. Sharma and R.H. Dhebar, for respondents Nos. 1 to 5.
The Judgment of the Court was delivered by Ramaswami, J.
In this case the petitioner... | The petitioner, a Second Lieutenant in the army, was involved in a quarrel between two groups of soldiers on September 1, 1965 which led to an altercation and the stabbing and death of a soldier.
On September 2, 1965, the matter was reported to the Civil Police at the local police station.
The Inspector o.f Police insp... | 28 |
Appeal No. 782 of 1991.
From the Judgment and Order dated 10.7.1990 of the Bombay 484 High Court in Appeal No. 423 of 1987.
Ashok H. Desai, Vinay Tulzapurkar, Raghu Kothare and Rajiv Dutta for the Appeallant.
Soli J. Sorabjee, D.R. Poddar, Ms. Purnima, Atul Sharma, A.V.Palli, E.C.Agrawala and V.B.Joshi for the Responde... | Respondent No. 1 a Private Limited Company, was sanctioned a loan of Rs.30 lakh by the Appellant Corporation for the setting up of a factory.
To secure this loan a mortgage deed of certain properties was executed by the Company and Respondents 2 to 4 as its directors had executed a personal Surety Bond without any secu... | 29 |
Civil Appeal Nos.
2242 2247 of 1972.
Appeals by special leave from the Judgment and Order dated 1 12 1971 of the Kerala High Court in Income Tax Ref.
No. 29/70, 30/70, 71, 92, 97 and 98/69.
P. A. Francis, G. A. Shah and Miss A. Subhashini for the Appellant.
section T. Desai, Mrs. section Vaidyalingam, J. B. Dadachanji,... | On a vast area of agricultural land owned by the assessee there were about 772 trees some of which were of spontaneous growth.
Clauses 12 and 13 of the agreement by which the assessee sold some trees provided that the trees should be cut without pulling the stumps.
The Income Tax Officer, held that the trees were of sp... | 30 |
iminal Appeal No. 12 of 1957.
Appeal from the judgment and order dated September 5, 1956, of the Calcutta High Court in Government Appeal No. 7 of 1954, arising out of the judgment and order dated April 3, 1954, of the Court of 1st Class Magistrate at Alipore.
Ishwar Lal C. Dalal and 1.
N. Shroff, for the appellant.
H.... | On September 7, 1952, the appellant went to Dum Dum Aerodrome to board a plane for Hong Kong.
On his search by the customs authorities a sum of RS.
25,000 was recovered from him which he had not declared in his declaration form and for which he had no permit from the Reserve Bank of India for taking out of India.
On Se... | 31 |
Appeal No. 193 of 1952.
Appeal by Special Leave from the Judgment dated the 21st December, 1951, of the High Court of Judicature of Travancore Cochin arising out of the Judgment and Decree dated the 18th January, 1943, of the Court of District Judge, Kottayam.
N. P. Engineer (P. N. Bhagwati, M. Abraham and M. section K... | The provisions of the Travancore Code of Civil Procedure are similar in terms to Order 47, rule 1, of the Code of Civil Procedure 1908 and an application for review is circumscribed by the definitive limits fixed by the language used therein.
The words "any other sufficient reason" mean a reason sufficient on grounds a... | 32 |
Appeal No.232 of 1960.
Appeal from the Judgment and Order dated October 6, 1958, of the Bombay High Court in Income Tax Reference No. 10 of 1958.
R. J. Kolah, Dwaraka Das, section N. Andley, Rameshwar Nath, J. B. Dadachanji and P. L. Vohra for the Appellants.
Hardyal Hardy and D. Gupta for the Respondent.
November 29.
... | A who was the Dewan of the State of Bhavnagar before responsible government was introduced in the State, was granted a monthly pension of Rs. 2,000 by the Maharaja of the State by an order dated January 15, 1948.
On March 1, 1948 the State of Bhavnagar was merged in the United States of Saurashtra and the Maharajah cea... | 33 |
Appeal No. 243 of 1971.
Appeal by special leave from the judgment and order dated September 3, 1970 of the Madhya Pradesh High Court in Miscellaneous Petition No. 256 of 1970.
797 C. K. Daphtary, L. M. Singhvi, section K. Mehta, K. L. Mehta and K. R. Nagaraja, for the appellant.
B. Sen and I. N. Shroff, for respondents... | From a panel of names recommended by a Selection Committee constituted under section 13(2) of the University of Saugar Act, 1946 the then Chancellor of the University appointed the appellant as Vice Chancellor.
Under Ordinance No. 1 of 1970 the Governor of Madhya Pradesh became, the Chancellor of the University.
Exerci... | 34 |
N: Petition for Special Leave to Appeal (Criminal) No. 1923 of 1984.
From the Judgment and Order dated the 19th June, 1984 of the Madras High Court in Crl.
Petition No. 8164/83, 8168, 8166 & 8170/83.
C.S. Vaidyanathan for the Petitioner.
The Order of the Court was delivered by VENKATARAMIAH, J.
The petitioner is the pr... | The petitioner, an assessee under the Income Tax Act, 1961, filed income tax returns which were accepted.
Later a search of the petitioner 's residence revealed that the petitioner had suppressed certain business transactions and had kept false accounts.
On the basis of the allegation that the petitioner had deliberate... | 35 |
ivil Appeal No. 943 Of 1986.
From the Judgment and Order dated 4th July, 1985 of the Appellate Tribunal in Appeal No. 244 of 1985 D. L.M. Singhvi and K.K. Bhaduri for the appellant.
A Subba Rao and Ms. section Relan for the Respondent.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J.
This appeal is direct... | By a notification dated August 1, 1974 the Central Government in exercise of its powers under sub rule(1) of Rule 8 of the Central Excise Rules, exempted automobile tyres from excise duty leviable thereon as was in excess of fifty five per cent ad valorem.
Another notification issued on June 16, 1977 exempted all excis... | 36 |
Civil Appeal No. 774 of 1966.
Appeal by special leave from the judgment and decree dated August 31, 1965 of the Punjab High Court in Letters Patent Appeal No. 91 of 1961.
Harbans Singh, for the appellant.
804 Bishan Narain and S.K. Mehta, for the respondent.
The Judgment of the Court was delivered by Grover, J.
This is... | S, the owner of some land in a village in Punjab, died leaving a widow and the respondent, his daughter by another wife.
The widow sold a part of the land in February 1958 to the appellants, whereupon the respondent filed a suit for possession by pre emption of the land sold.
The trial court decreed the suit and a firs... | 37 |
Appeal No. 361 of 1958.
Appeal by special leave from the judgment and order dated December 11, 1957, of the Mysore High Court in Civil Revision No. 702 of 1956, against the judgment and order dated August 10, 1956, of the Court of the Second Extra Assistant Judge, Belgaum, in Misc.
Appeal No. 36 of 1955, arising out of... | The arbitration clause incorporated by section 57(1) of the , in a licence granted by the Government for the supply of electrical energy to the consumers is not available for adjudicating upon a dispute between the licensee and the consumer, for the licence is an engagement between the licensee and the Government and t... | 38 |
Criminal Appeal No. 387 of 1990.
From the Judgment and Order dated 12.1.1984 of the Gujarat High Court at Ahmedabad in Misc.
Application No. 48 of 1982.
S.H. Sheth and S.C. Patel for the Appellant.
B. Datta, Sunil Dogra and P.H. Parekh for the Respondents.
The Judgment of the Court was delivered by FATHIMA BEEVI, J.
Le... | The appellant, an employee of the Municipal Corporation Ahmedabad was holding the post of Laboratory Officer and while he was so holding the post, he by a Notification dated 21.12.1966, issued by the State Government, was appointed as a Public Analyst for the local area within the municipal limits of the Corporation.
T... | 39 |
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... | 40 |
Appeals Nos.
256 267 of 1966.
Appeals by special leave from the Award dated April 6, 1964 of the Central Government Labour Court, Dhanbad in Ap plications L.C. Nos.
237 / 245, 228 / 247, 238 / 250, 230 / 252, 239 / 254, 229/255 of 1962.
H.R. Gokhale and D. N. Gupta, for the appellant (in all the appeals).
Janardan Shar... | The respondents workmen filed applications in 1962 claiming bonus under the Scheme framed by the Central Government under the Coal Mines Provident Fund and Bonus Schemes Act, 1948 and railway fares and leave wages from 1948 onwards.
The Labour Court, Dhanbad allowed their claims under section 33C(2) of the , which, in ... | 41 |
ition (Crl.) No. 1414 of 1979.
Under Article 32 of the Constitution.
Ram Jethamalani and Harjinder Singh for the Petitioner.
U. R. Lalit, E. C. Agarwala and M. N. Shroff for the Respondent.
The Judgment of the Court was delivered by KAILASAM, J.
The petitioner is brother of Virendra Ambalal Siroya who was detained by a... | The petitioner 's brother was detained by an order of detention dated 31st August, 1979 under section 3(1) of the and the grounds of detention were served on him on 5th September, 1979.
An application was made on 17th September, 1979 for supply of documents and statements recorded and relied on in the grounds of detent... | 42 |
ivil Appeal No. 2378 of 1977.
804 From the Judgment dated 3.2.1977 of the Gujarat High Court in Special Civil Application No. 551 of 1972.
B. Datta, L.B. Kolekar, Ms. Chetna Anand and P.H. Parekh (NP) for the Appellant.
S.K. Kholakia, R.B. Haribhakti and P.C. Kapoor (NP) for the Respondents.
The Judgment of the Court w... | The appellant took on lease some agricultural lands from one Viswas Rao and by operation of Section 32(1) of the Bombay Tenancy and Agricultural Lands Act 67 of 1948, which was applicable to the lease, he became a deemed purchaser from tillers ' day i.e. 1.4.1957.
Since the landlord was insane, the right to purchase wa... | 43 |
Appeal No. 168 of 1963.
Appeal by special Leave from the judgment and decree dated May 1, 1962, of the Gujarat High Court in Appeal from Order No. 46 of 1962.
I.M. Nanavati, 1.
B. Dadachanji 0.
C. Mathur and Ravinder Narain, for the appellant.
S.T. Desai, M. M. Shah and I. N. Shroff, for the res pondents.
September 5, ... | The respondents granted to one Maneklat for five years a lease of the ground and the first floor of a building named Anand Bhawan in the town of Ahmedabad.
After the expiration of the period of the lease, a suit was instituted by the respondents against Maneklal for a decree in ejectment and the realisation of arrears ... | 44 |
N: Civil Appeal No. 135 of 1991.
From the Judgment and order dated 16.6.1989 of the Madras High Court Crl.
M.P. No. 2717 of 1988.
T.S. Krishnamoorthy Iyer, K. Rajeswara, N.D.B. Raju and K.R. Chaudhary for the Appellant.
K.K. Lahiri, R.K. Jain (NP), Sreekant, N. Terdal, Mrs. Sushma Suri and A Subba Rao for the Responden... | The appellant was the Master of the Merchant ship, M.V. Eamaco, when it sank in the high seas nearly 232 nautical miles away from India.
The appellant was holder of a Master 's certificate issued by the Director General of Shipping, Calcutta.
The ship was owned by a Singapore company and was flying Panamian flag.
The f... | 45 |
Civil Appeal No. 3436 of 1979.
From the Judgment and order dated the 19th April, 1978 of the Madras High Court in Writ Appeal No. 224178.
M.K. Ramamurthi, and C.S. Vaidyanathan for the Appellant.
Dr. Y.S. Chitale and A.V. Rangam for the Respondents.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J.
An orde... | HELD: In the face of the appellant 's promotion a few months before his compulsory retirement under F. R. 56 (d) and nothing even mildly suggestive of ineptitude or inefficiency after his promotion, it is impossible to sustain the order of the Government retiring him from service.
[79 G] When the Government exonerated ... | 46 |
tition (Civil) No. 1426 of 1987.
(Under Article 32 of the Constitution of India).
Ms. Abha Jain for the Petitioner.
M.P. Jha for the Respondent.
The Judgment of the Court was delivered by PATHAK, C.J.
This writ petition arises upon a letter received from the Yuva Adhivakta Kalyan Samiti, Sasaram, District Rohtas (Bihar... | This writ petition arose upon a letter received from a voluntary organisation alleging that the female inmates of a `Care Home ' in Bihar were compelled to live in inhuman conditions.
Pursuant to a direction made by the court, the District Judge, Patna visited the `Care Home ' and submitted a report on the conditions a... | 47 |
minal Appeal Nos. 101 to 103 of 1970.
Appeals by special leave from the judgment and order dated October 10, 1969 of the Calcutta High Court in Criminal Revision Nos. 238, 289 and 290 of 1969.
D. Mukherjee and section Ghosh for the appellants (in all the appeals).
A. N. Mulla, J. M. Khanna, Vishnu Bahadur Saharaya and ... | As a result of a judicial enquiry in relation to a complaint by the appellant against the four respondents, summons were issued to the respondents, and before the Magistrate, evidence, oral and documentary, was adduced by the complainant (appellant) in the presence of the accused (respondents).
On a consideration of th... | 48 |
Civil Appeal No. 2501 of 1972.
From the Judgment and order dated 5 2 1970 of the Bombay High Court in Income Tax Reference No. 58/73.
AND CIVIL APPEAL NOS.
2502 2504 OF 1972 From the Judgment and Order dated 25th/26th Feb. 1971 of the Bombay High Court in Income Tax Ref.
No. 87/63.
V. section Desai, Dinesh Vyas, K. J. ... | In January, 1956 the assessee company whose assets had been valued at Rs. 155 lacs as on December 31, 1955 decided to terminate the services of 22 of its employees with effect from 31st March, 1956 and to pay them retrenchment compensation and compensation for termination of employment.
Thereafter Davids, who held the ... | 49 |
ivil Appeals Nos.
312 to 314 of 1972.
Appeals by Special Leave from the Judgment and Order dated the 19 3 71 of the Orissa High Court in C.W. Nos. 325 to 327/70.
Appellant No. 1 in person and D. N. Misra for the Appellants.
921 Gobind Das and G. section Chatterjee for the Respondent.
KRISHNA IYER, J. Three civil appeal... | The appellant was the intermediary in respect of vast forest and other lands in the State of Orissa.
The estates vested in the State in April 1960 by force of the Orissa Estates Abolition Act, 1951.
The appellant submitted necessary return for compensation as provided by the Act.
The Compensation Officer passed an orde... | 50 |
ivil Appeal No. 3 1543 155 of 1985.
From the Judgment and Order dated 26.3.
1985 of the Jammu & Kashmir High Court in L.P.A. (W) No. 59 of 1984.
For the Appellant In Person in Civil Appeal No. 3 154/85 M.N. Tiku, Rakesh Tiku and Pandey Associates for the Respondents.
431 M.N. Tiku, Rakesh Tiku and Pandey Associates for... | According to the Regulation 16.14 of the Jammu & Kashmir Industries Employees Service Rules & Regulations the serv ices of the permanent employee could be terminated if the post is abolished or he is declared medically unfit after giving three month 's notice or pay in lieu thereof and in case of temporary employee one... | 51 |
: Criminal Appeal Nos. 486 to 489 of 1984.
From the Judgment and Order dated 5.4.1984 of the Bombay High Court in Criminal Revision Application No. 166/83 and Criminal Revision No. 234 of 1983 respectively.
M.C. Bhandare, A.M. Khanwilkar and Mrs. H. Wahi for the Appellants.
S.B. Bhasme and R.A. Gupta for the Respondent... | The deceased was seen in flames on the first floor of her in laws house crying for help within five days of her marriage with the younger brother of the respondent.
While neighbours rushed to her rescue and extinguished the flames, the inmates of the house did not render any such help.
The respondent who was on the fir... | 52 |
Appeal No. 2435 of 1966.
Appeal from the judgment an order dated November 6, and December 6, 1962 of the Bombay High Court in First Appeal No. 453 of 1960.
3 3 5 V. section Desai.
R. G. Samant, P. C. Bhartari and J. B. Dada chanji,for the appellants.
V. M. Tarkunde, K. R. Chaudhuri.
K. Rajendra Chaudhuri and Hari Singh... | The respondents were lessees of the appellants for a period of 5 years from March 1, 1943.
They were protected tenants under the Bombay Tenancy and Agricultural Lands Act, 1948.
They contended that the appellants landlords could not claim eviction, because, being protected tenants their lease was extended by statute up... | 53 |
ivil Appeal Nos.
804 810 of 1977.
Appeals by Special Leave from the Judgment and order dated 20 10 76 of the Allahabad High Court in Writ Petitions Nos.
1529, 1564 and 1568 to 1571/63.
AND WRIT PETITIONS Nos. 650, 651, 652 653, 48, 394, 395, 691, 670, 680, 681, 687 688/79, 412 415, 416 418/79.
Under Article 32 of the C... | On the question whether sections 7 and 16 of the U.P. Motor Vehicles (Special Provisions) Act, 1976 (Act 127 of 1976) related only to "approved" Schemes under section 68D of the and, therefore, the approved scheme for inter state range Agra Dholpur of Agra region was inoperative, the Court, while dismissing the Writ Pe... | 54 |
Civil Appeals Nos. 1461 to 1468 of 1 974.
From the Judgment and order dated the 14th April, 1974 of the Disciplinary Committee of the Bar Council of India, New Delhi.
in C. Appeals Nos. 15 to 19, 21, 22 and 25 of 1973 respectively.
H V. section Desai, Vimal Dave and Kailash Mehta, for the appellant (in all the appeals)... | The State Bar Councils created by the have been entrusted with the functions inter alia of entertaining and determining cases of misconduct against advocates on their rolls and to safeguard their rights, privileges and interests.
The Bar Council of India which is a national body created by the Act is entrusted with the... | 55 |
N: Criminal Appeal Nos.
152 153 of 1972.
From the Judgment and Order dated 28 10 1970 of Delhi High Court in Criminal Revision Nos. 426/68 and 5/70.
AND CRIMINAL APPEAL NOS.
166 167 OF 1972 From the Judgment and Order dated 28 10 1970 of Delhi High Court in Criminal Revision Nos. 72 73/68.
626 Soli J. Sorabji, Addl.
of... | Toffees sold by a vender to a Food Inspector having been found to be adulterated, prosecution was launched against him.
The vendor produced a warranty in the Trial Court as a result of which he was acquitted by the Magistrate.
The Magistrate however directed notice to the respondents under section 20 A for being implea... | 56 |
Appeal No. 212/55.
Appeal from the Judgment and Decree dated July 7, 1953, of the Calcutta High Court in Appeal from Original Order No. 157 of 1952, arising out of the Judgment and Decree dated March 28, 1952, of the said High Court in Civil Rule No. 1409 of 1951.
B. Sen and P. K. Bose for the appellants.
P. K. Ghosh f... | By a notification under section 4 of the West Bengal Land Deve lopment and Planning Act, 1948, the Government declared that certain plots of land belonging to the respondent were needed for the settlement of immigrants from East Pakistan and for improving living conditions in the locality.
Thereafter a second notificat... | 57 |
vil Appeal Nos.
4008 09 of 1985.
From the Judgment and Order dated 26.9.1983 of the Patna High Court in C.W.J.C. No. 1634 of 1977.
WITH C.M.P. Nos.
5513 14 and 19577 78 of 1988.
375 Shanti Bhushan and P.D. Sharma for the Appellants.
Tapesh Chandra Ray, D.P Mukherjee, R.P. Singh and S.N. Jha for the Respondents.
M.P. Jh... | Rule 4 of the Bihar Engineering Service Rules, 1939 provided for recruitment to the cadre of Executive Engineers in the Bihar Public Works Department by (i) direct recruit ment, and (ii) promotion from Class II Service.
The State Government by a memorandum dated February 18, 1977 merged with the cadre of Executive Engi... | 58 |
Civil Appeal No. 1234 of 1977.
From the Judgment and Order dated 19.8.74 of Allahabad High Court in Civil Writ Petition No. 4827 of 1974 R.K. Garg and Shakeel Ahmed Syed for the appellant.
Prithviraj, Mrs. section Dikshit, S.K. Kulshreshta and P. Mishra for the respondents .
The Judgment of the Court was delivered by V... | In a departmental inquiry conducted by the second respondent U.P. Administrative Tribunal into certain charges levelled against the appellant a Deputy Superintendent of Police, the Tribunal dismissed the application of the appellant praying for summoning 8 witnesses for being examined in his defence.
The Tribunal relie... | 59 |
ivil Appeal Nos.
4145 46 of 1986.
From the Judgment and order dated 10.7.85 and 11.11.85 of the High Court of Calcutta in Appeal No. 477 of 1984.
Tapas Ray and B.R. Agarwal for the Appellant.
758 V.A. Bobde, Rajiv Dutta and Ms. Mridula Ray for the Respondents.
The Judgment of the Court was delivered: SHARMA, J.
By the ... | The plaintiff appellant filed a suit for ejectment of the tenant defendant No. 1 for default in payment of rent and also to have wrongfully sublet the flat to the second defendant.
None of the defendants appeared.
At the ex parte trial the plaintiff examined one witness and tendered certain documents in evidence.
The S... | 60 |
Civil Appeal No. 144 of 1956.
Appeal by special leave from the judgment and order dated the 9th July, 1955, of the former Madhya Bharat High Court in Civil Misc.
Case No. 27 of 1954.
M. A. Khan and Ratanaparkhi, for the appellant.
section N. Bindra and R. H. Dhebar, for the respondent.
October 30.
The following Judgmen... | The appellant and his brother owned certain properties inherited from their father.
The brother died and the appellant claimed to have become the sole heir.
The respondent issued a notice under section 7 of the , in respect of the share of the brother on the ground that the brother had left a widow and a son who had mi... | 61 |
minal Appeals Nos.
30 34 of 1964.
Appeals by special leave from the judgment and order dated October 22, 1963 of the Allahabad High Court in Criminal Appeals Nos. 77 and 78 of 1963.
M. section K. Sastri, for the appellant (in Cr. A. No. 30 of 1964).
I. M. Lall and Ganpat Rai, for the appellants (in Cr. A. No. 31 of 196... | Forty persons belonging to a village faction and constituting an unlawful assembly were put up on trial before the Additional Sessions Judge under section 302 read with section 149 of the Indian Penal Code and other sections thereof for murdering 5 persons of the other faction with guns.
The trial Judge found 35 of the... | 62 |
Appeal No. 1452 of 1987.
From the Judgment and Order dated 10.7.1986 of the Kamataka High Court in I.T.R.C. No. 198 of 1987.
WITH C.A. Nos. 4462/89, 1822, 1902, 1465/87, 675, 658, 4461/89, 6093/90, 6204/ 90, 6092.
and 6092 A of 1990.
H. Salve, P.H. Parekh, Ms. Meenakshi Grover, R. Nariman, Ms. R. Gill and Ms. Simi Kr.
... | A partnership firm consisting of three partners was engaged inter alia in the business of manufacturing and sale of beedies under the brand name "Mangalore Prakash Beedies".
On May 20,1972 a private limited company called prakash beedies Ltd. the assessee appellant was incorporated.
One of its objects was to take over ... | 63 |
ivil Appeal Nos.
216 217 of 1970.
Appeals by special leave from the Judgment and Order dated 3 12 1968 of the Bombay High Court in Second Appeal Nos.
1232 and 1214/1961.
V. section Desai, R. B. Datar and Lalit Bhardwaj and Naveen Sinha for the Appellants.
section V. Tambwaker for the Respondent.
The Judgment of the Cou... | A mortgagor executed two deeds of mortgage in favour of the father of the appellants for Rs. 1600 and Rs. 1000 in respect of certain lands.
Both the mortgages were possessory mortgages but the land was leased back to the mortgagor for a stipulated rent.
The mortgagor died leaving behind him three sons, one adult and tw... | 64 |
Appeal No. 1997 of 1968.
Appeal by Special Leave from the Judgment and Order dated the 13th February, 1968 of the Bombay High Court in Special Civil Application No. 643 of 1967.
B.N. Lokur and A. G. Ratnaparkhi for the Appellant.
S.V. Gupte, R.B. Datar and Sanjeev Kumar for Respondents.
The Judgment of the Court was de... | The appellant was owner of the suit land.
The appel lant 's wife sold this land to respondent No 1.
Thereafter, the appellant made an application under section 70(b) of the Bombay Tenancy & Agricultural Lands Act, 1948, for a decla ration that he was a tenant of two of the 4 plots of the land.
The dispute went up to th... | 65 |
Civil Appeal No. 2691 of 1982.
From the Judgment and Order dated the 4th day of June, 1982 of the Punjab and Haryana High Court in Election Petition No.2 of 1980.
Appellant in Person O.P. Sharma, K.R. Gupta, R.C. Gubrele, and R.C. Bhatia, for the Respondents.
385 The Judgment of the Court was delivered by FAZAL ALI, J.... | In the election to the Assembly constituency No 31 Jullundur Cantt., which was held on 31.5.1980, the total votes polled from the constituency were 47650, out of Which the appellant polled 19710, whereas the respondent Yash secured 418 votes more i.e. 20128 votes; Therefore, the appellant sought to challenge the electi... | 66 |
vil Appeal No. 62 (N) of 1970 etc.
From the Judgment and Order dated 13.10.
1969 of the Madras High Court in W.A. No. 464 of 1967.
K. Parasaran, Attorney General, Dr. Y.S. Chitale, F.S. Nariman.
T.S. Krishnamurthy Iyer, A.K. Ganguli, B. Sen, L.N. Sinha, R.N. Sachthey, R.B. Datar, R.F. Nariman, K.J. John, H.N. Salve, Pr... | The appellant company used to manufacture cement and was granted mining lease for limestone and kankar by the Govern ment of Tamil Nadu in accordance with the Mineral Concession Rules, 1960.
The royalty was fixed under the Mines and Minerals (Regulation & Development) Act, 1957 which is a Central Act by which the contr... | 67 |
N: Criminal Appeal No. 754 Of 1983 From the judgment and Order dated 5 7 1983 of the High ( 'court of Delhi in Crl.
(Main) No. 499 of 1983.
AND Writ Petition (Cd.) No. 1265 of 1982.
(Under Article 32 of the Constitution of India) Mukul Mudgal for the Appellant in Crl.
Appeal No. 754 of 1983 R.K. Jain , R.P. Singh , Sum... | The appellant filed a writ petition in the High Court , contending that his case be referred for the order of the State Administration under Paragraph 516 of the Punjab Jail Manual , on the , ground that though sentenced to life imprisonment , he had under gone a period of detention in Jail amounting to 14 years togeth... | 68 |
ivil Appeal No. 3195 of 1979 etc.
From the Judgment and Order dated 20th June, 1979 of the Kerala High Court in Writ Appeal No. 302 of 1978.
F.S. Nariman, M. Chandrasekharan, K.R. Nambiar, C.V. Subba Rao, Ms. A. Subhashini, A.K. Ganguli, Mrs. R. Rangas wamy, Hemant Sharma, K. Swamy and Ms. section Relan for the appeari... | In Union of India vs Bombay Tyres International Ltd., ; , this Court held that under s.4 of the Central Excise and Salt Act, 1944, only those expenses which were incurred on account of factors contributing to the product 's value upto the date of sale or the date of deliv ery at the factory.
gate were liable to be incl... | 69 |
Civil Appeal No. 1800 of 1968 From the Judgment and order dated 20 10 1967 of the Delhi High Court in Civil Writ No. 1376 of 1967.
section N. Kacker, Sol.
Genl., section N. Anand and R. N. Sachthey for the Appellant.
V. M. Tarkunde and Gautam Goswami for Respondent No. 1.
Yogeshwar Prasad and (Mrs.) Rani Chhabra for th... | The Governments of the States of Punjab and Delhi entered into an agreement about 30 years back providing for the running of public service vehicles on routes which covered each of the two States so that every one of such routes had one terminus in one of the States and the other in the other.
In Pursuance of the agree... | 70 |
: Criminal Appeal Nos. 380 of 1989 and 323 of 1988.
From the Judgment and Order dated 28.1.1988 of the Allahabad High Court in Crl.
Appln.
No. 995 of 1987.
G. Ramaswamy, Additional Solicitor General, Anil Dev Singh, Miss A. Subhashini and R.P. Kapur for the Appellants.
R.L. Kohli, Manoj Saxena and R.D. Upadhyay for the... | The respondents, two employees of a nationalised Bank and two account holders, were charged with offences punisha ble under Sections 120B, 420, 468, 471 I.P.C. and 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947.
The F.I.R. alleged that the two Bank employees entered into a criminal conspiracy ... | 71 |
iminal Appeals Nos.
57 and 58 of 1960.
Appeals by special leave from the judgment and order dated November 5/6, 1958, of the Bombay High Court at Nagpur in Criminal Appeal No. 94 of 1958.
Jai Gopal Sethi and G. C. Mathur, for the appellant (in Cr. A. No. 57 of 1960).
G. C. Mathur, for the appellant (in Cr. A. No. 58 of... | On the date fixed for the inquiry the prosecution intimated to the Magistrate that it did not intend to examine any witness in the Magistrate 's Court.
The Magistrate adjourned the inquiry to consider whether it was necessary to record any evidence before commitment.
On the adjourned date he expressed his opinion that ... | 72 |
Civil Appeal No. 2592 of 1972.
Appeal by Special Leave from the Judgment and Order dated 9 11 1971 of the Andhra Pradesh High Court in Case Referred No. 4 of 1970.
section T. Desai, T. A. Ramachandran, Mrs. J. Ramachandran and M. N. Tandon for the Appellant.
section C. Manchanda, Miss A. Subashini and D. B. Ahuja for t... | The appellant, assessee in an Abkari contractor.
It filed a return of its income for the assessment year 1959 60, disclosing a total turnover of Rs. 10,92,132/ and an income of Rs. 7,704/ .
The Income Tax Officer did not accept the correctness of the return.
He found that on 12th December, 1957 and 16th January, 1958 t... | 73 |
Appeal No. 405 of 1957.
Appeal from the judgment and order dated May 15, 1956, of the Calcutta High Court in I.T.R. No. 20 of 1953.
section Mitra, B. Das and section N. Mukherjee, for appellants Nos. 2 to 41.
A. N. Kripal and D. Gupta, for the respondent.
November 23.
The Judgment of the Court was delivered by HIDAYATU... | By a notification dated November 2, 1864, a piece of land forming part of the Panchannagram Estate which was permanently settled under Regulation 1 of 1793, was acquired by the Government of Bengal at the instance of the justices of the Peace for the Town of Calcutta, which was a corporation established under the provi... | 74 |
ivil Appeal Nos.
1192 94 of 1971.
From the judgment and order dated the 20th October, 1976 of the High Court of Madras in Tax Cases Nos.
205 to 207 of 1971.
S.T. Desai, A.K. Verma and J.B. Dadachanji for the Appellant.
A.K. Sen and A.V. Rangam for the Respondent.
The Judgment of the Court was delivered by VENKATARAMIAH... | To regulate the allotment of indigenous art silk yarn, the Government of India constituted the Art Silk Yarn Distribution Committee which issued allotment cards to individual weavers.
Under the terms of the card without waiting for the allottee to approach the manufacturer the manufacturer had to offer the allottee art... | 75 |
N: Criminal Appeal No. 168of 1991.
From the Judgment and Order dated 26.7.1989 of the Madya Pradesh High Court in Crl.
A. No. 102 of 1984.
G.L. Sanghi and A.K. Sanghi for the Appellants.
The facts are few and simple.
The first appellant Rajendra, on 30th June, 1982, while running a shop under the name and style of M/s.... | Appellant No. 1 was found exhibiting and offering for sale tea dust.
P.W. 1, the Food Inspector purchased tea dust in the requisite quantity for test.
Appellant No. 1 told P.W. 1 that the shop which was being run by him was a part nership concern of the three brothersappellant No. 1 to 3.
On receipt of Public Analyst '... | 76 |
Civil Appeals Nos. 1848 and 1849 of 1974.
Appeals by Special Leave from the Judgment and Orders dated the 27 11 1973 & 23 5 74 of the Delhi High Court in L.P.A. No. 172/73 and Civil Writ No. 237 of 1974 respectively.
Hardyal Hardy, section K. Mehta, K. R. Nagaraja and P. N. Puri for the Appellants.
1062 Mrs. Shyamla Pa... | The appellants ' telephones were disconnected and taken temporary possession of by the Superintendent of Police, North District and the General Manager, Telephones respectively on various dates acting under the instructions of the Administrator, Delhi, who was personally satisfied that illegal forward trading (satta) i... | 77 |
Appeal No. 205 of 1952.
Appeal from the Judgment and Order dated the 16th September, 1952, of the High Court of Judicature at Madras (Subba Rao J.) in Writ Petition No. 599 of 1952 filed under the Special Original Jurisdiction of the High Court under article 226 of the Constitution of India.
M.C. Setalvad, Attorney Gen... | The respondent, who had been convicted and sentenced to rigorous imprisonment for seven years, was elected a member of Madras Legislative Assembly.
At the instance of the Speaker the Assembly, the Governor of Madras referred to the Election Commission, which had its offices permanently located at New Delhi, the questio... | 78 |
Civil Appeal No. 3400 of 1987.
From the Judgment and order dated 23.1.1986 of the Andhra Pradesh High Court in Writ Appeal No. 22 of 1985.
M.K. Ramamurthi, Attar Singh and G.N. Rao for the Appellant.
T.V.S.N. Chari for the Respondents.
The Judgment of the Court was delivered by SHARMA, J.
The appellant 's application f... | % The appellant who had enrolled himself as an Advocate on 24.2.77 and practised law till 1.4.81 when he was appointed in the service of the Hindustan Shipyard, an undertaking owned by the Government of India, applied for the post of a District Munsif, in pursuance of an advertisement dated 25.4.84 issued by the respon... | 79 |
Appeal No. 61/1959.
Appeal by special leave from the judgment and order dated December 4, 1957, of the Orissa High Court in O.J.C. No. 449 of 1956.
607 C. K. Daphtary, Solicitor General of India, D. N. Mukherjee and T. M. Sen, for the appellants.
The respondent did not appear.
September 8.
The Judgment of the Court was... | The respondent was appointed a Sub Inspector on probation in the Orissa Police Force.
A notice was served on him to show cause why he should not be discharged from service " for gross neglect of duties and unsatisfactory work ".
He submitted his explanation and asked for opportunity to cross examine certain witnesses.
... | 80 |
ivil Appeal No. 1202 of 1974.
From the Judgment and Order dated 19.7.1972 of the Madras High Court in Writ Petition No. 1064 of 1967.
Anil Dev Singh and C.V.S. Rao for the Appellant.
Ambrish Kumar and A.T.M. Sampath for the Respondent.
The Judgment of the Court was delivered by K.N. SAIKIA, J.
This appeal by Special Le... | Respondent firm owned a Steel Rolling Mill situate at Madras.
The said mill was leased out to a partnership firm viz., M/s. Steel Industries and after the expiry of the lease period, the Respondent took back the possession of the Mill on 1.8.1962 and informed the Central Excise Authori ties, who advised the Respondent ... | 81 |
ivil Appeal No. 1837 of 1990.
From the Judgment and Order dated 17.1.1989 of the Patna High Court in C.W.J.C. No. 4276 of 1988, A. Sharan for the Appellants.
Pankaj Kalra and Pramod Swarup for the Respondents.
The Judgment of the Court was delivered by AHMADI, J.
Delay condoned.
Special leave granted.
This appeal arise... | The State of Bihar published an advertisement inviting applications for appointments to the junior teaching posts in medical colleges in the State of Bihar.
For the post of Assistant Professor.
only such officers who had worked as Resident or Registrar in Medical Hospitals recognised for imparting M.B.B.S. studies by t... | 82 |
Appeal No.327 of 1955.
Appeal by special leave from the judgment and order dated January 31,1955, of the Bombay High Court, in Special Civil Application No. 1100 of 1954.
V. M. Limaye, section N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellants.
N. P. Nathwani, K. L. Hathi and R. H. Dhebar, for the respo... | The appellants who were holders of certain lands known as Lal liti " lands were assessed to land revenue under the provisions of the Bombay Land Revenue Code, 1879, after the Bombay Taluqdari Tenure Abolition Act, 3 1949, came into force.
"Lal liti " lands were granted originally by Taluqdars in Gujrat to cadets, widow... | 83 |
ivil Appeal No. 830 of 1988.
275 From the Judgment and Order Dated 7.12.1987 of the Allahabad High Court in Civil Misc.
No. Nil 1987.
A.K. Ganguli and Sunil Kumar Jain for the Appellant.
Gopal Subramanium and Ashok K. Srivastava for the Re spondents.
The Judgment of the Court was delivered by RANGANATHAN, J.
The petiti... | The State Government in pursuance of Section 4A of the Act formulated and published a scheme for grant of exemption from Sales Tax, to encourage capital investment and estab lishment of new industrial units which were established during the period from 1.10.1982 to 31.3.1985 and producing certain categories of goods.
T... | 84 |
N: Criminal Appeal No. 353 of 1986 915 From the Judgment and order dated 25.2.1986 of the Patna High Court in C.W.J.C. No. 227 of 1985.
R.K. Garg and Miss Rani Jethmalani for the Petitioner.
D. Goburdhan for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This Appeal and the Writ Pet... | The Bihar Control of Crimes Act, 1981 was enacted to make special provisions for the control and suppression of anti social elements with a view to maintenance of public order.
Section 2(d) defines "Anti Social Element" and section 12 deals with power to make orders for detaining certain persons.
Upon the materials, th... | 85 |
Civil Appeals Nos.
4065 67 of 1982.
Appeals by special leave from the judgments and orders dated 30.11.81 and 14.9.1981 of the Madras High Court in O.S.A. No. 148 of 1981 and Company Appeal Nos. 880 881 of 1981.
M.K. Ramamurthy, Somyaji, Ambrish Kumar, Miss Nitya Ramakrishnan for the Appellants in CA.
No. 4065/82.
G. V... | The respondents were two groups of shareholders of a private limited company which had a thousand persons under its employment.
A group of shareholders filed a petition for winding up the company under cls.
(e) and (f) of section 433 of the Indian along with applications for an interim injunction and for appointment of... | 86 |
'Appeals Nos.950 957, 1141 1143 and 1703 1712/1966.
Appeals by special leave from the judgement and order dated September 9, 1964 of the Assam and Nagaland High Court in Civil Rules Nos. 115, 128, 134, 136, 151, 161, 197 and 160 of 1963.
501 section V. Gupte, Solicitor General and Naunit Lal, for the appellant n C. As.... | The respondents were Elementary School teachers appointed under the Assam Basic Education Act, 1954.
The Act was repealed by the A, %am Elementary Education Act, 1962, which came into force on 5th October, 1962.
Under the 1962 Act a State Board was to be constituted, and in the place of the School Boards functioning un... | 87 |
Appeal No '.
741 of 1965.
Appeal by special leave from the judgment and decree dated April 1, 1963 of the Kerala High, CourT in Appeal Suit No. 480 of 1958.
Sarjoo Prasad and M. R. K. Pillai, for the appellant.
section V. Gupte and A. G. Pudissery, for the respondent.
The Judgment of the Court was delivered by Shah, J.... | A mortgage deed was executed by the respondent company and one of its directors in favour 'of the State of Kerala.
It was provided inter alia by the terms of the deed that in consideration of the State granting a loan of a sum of Rs. 2.5 lakhs to the company, the latter would supply to the State 3,000 tons of ground ,n... | 88 |
N: Criminal appeal No. 383 of 1991.
From the Judgment and Order dated 17.7.1990 of the Orissa High Court in Crl.
Rev. No. 382 of 1986.
Janaranjan Das for the Appellants.
A.K. Panda for the Respondent.
The Judgment of the Court was delivered by RAY, J.
Special leave granted.
Arguments heard.
This appeal by special leave... | The appellants forcibly took P.W. 2 to a lonely place on 19.3.1983, made her to drink liquor and committed sexual assault on her.
Thereafter they left her in a truck.
While the said truck was unloading materials near a village, the victim stealthily left the truck and concealed herself near a fence.
P.W. 7 rescued her ... | 89 |
l Appeal No. 4803 of 1984 From the Judgment and Order dated 7.8.84 of the Allahabad High Court in Civil Misc.
Application No. 10968 of 84 & S.A. No. 2182.
K.K. Venugopal, R N. Karanjawala & Mrs. Manik Karanjawala for the appellant.
R.Parasaran, Attorney General of India.
K section Cooper, Csril section Shroff ', sectio... | Section 169 (1) of the Companies Act provides that the Board of directors of a company shall, on the requisition of such number of members of the company as is specified in sub section (4), forthwith proceed duly to call an extraordinary general meeting of the company, Sub section 4(a) says that the number of members e... | 90 |
(Crl.) No. 116 of 1990.
(Under Article 32 of the Constitution of India).
R.K. Garg, N.D. Garg, Rajiv Kr.
Garg and P.C. Choudhary for the Petitioner.
U.R. Lalit and Ms. Kamini Jaiswal for the Respondents.
The Judgment of the Court was delivered by VERMA, J.
The short question arising for decision by us is the true meani... | The petitioner who was convicted under section 302 IPC on 6.3.1979 and sentenced to life imprisonment; was also tried for a second murder committed while he was on parole after his conviction and sentence for the first murder, and was convicted under section '303 IPC.
Altering the conviction to one under section 302 IP... | 91 |
Civil Appeal No. 692 & 693 of 1981.
From the Judgment and Order dated 19.5.1980 of the Delhi High Court in W.P. Nos.
883 of 1978 and 1079 of 1979.
R.K. Habbu, R.B. Hathikhanwala and B.R. Aggarwala for the Appellants.
Soli J. Sorabjee, Attorney General (NP), Kapil Sibal, Additional Solicitor General, Ms. Indu Malhotra, ... | The appellants are manufacturers of Polyester fibre yarn.
They obtained a contract from the Imperial Chemical Industries, Singapore for the supply of the said yarn and the said concern had agreed to supply to the appellants free of cost the di methyl terephthalate (DMT) D required for the manufacture of Polyester stapl... | 92 |
:Civil Appeal No. 1970(NT) of 1975 & 855(NT)/1975.
From the Judgment and Order dated 22.4.1974 of the Allahabad High Court in Civil Miscellaneous Writ No. 152 of 1974 Dr. V. Gauri Shankar, Miss A. Subhashini and K.C. Dua for the Appellants.
S.C. Manchanda, Ms. section Janani, Mrs. Urmila Kapoor and Ms. Meenakshi for th... | In respect of assessment year 1965 66, the Income tax Officer issued notices to the assessee under section 148 read with sections 142(1) and 143(2) of the Act on the ground that income has escaped assessment in respect of three cash credit entries totaling Rs. 1 lakh.
The assessee challenged the notices by way of writ ... | 93 |
ivil Appeal Nos.
565 570 of 1978.
Appeal from the Judgment and Order dated 8 2 1977 of the Calcutta High Court in Income Tax Reference Nos 398, 399 and 400/69 and 456 of 1969.
Devi Pal and D. N. Gupta for the Appellant.
section T. Desai, B. B. Ahuja and Miss A. Subhashini for the Respondent.
The Judgment of the Court w... | The expression "salary," under section 17(1)(iv) of the Income Tax Act, 1961, includes "any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages"; under r. 2(h) in Part A of the Fourth Schedule to the Act, which contains Rules relating to recognised Provident Funds, the term `salar... | 94 |
Appeal No. 889 of 1971.
Appeal from the order dated December 9, 1970 of the Madhya Pradesh High Court in Miscellaneous Petition No. 267 of 1969.
L. section Baghel, Pramod Swarup and section section Khanduja, for the appellants.
R. Paniwani and section K. Gambhir, for respondent No. 1.
R. P. Kapur, for respondents Nos. ... | According to Rule 13 framed under Madhya Pradesh Municipalities Act, 1961, a candidate for election to the Municipal Council shall deliver to the supervising officer a nomination paper completed in Form IV and the relevant column in Form IV required the candidate to mention the "name and number of the Ward".
Further, s... | 95 |
Civil Appeal No. 1188 of 1976.
Appeal by special leave from the Award dated 27 2 1976 of the Industrial Tribunal, Maharashtra in Complaints (I.T.) Nos.
48 53 and 55 63 of 1973 in Ref.
(I.T.) No. 375 of 1972 published in the Maharashtra Govt.
Gazette L dated 3 6 1976.
M. K. Ramamurthi and Naunit Lal for the Appellant.
S... | In support of their demand for reinstatement of certain dismissed union leaders a number of workmen, including the appellants had gone on an indefinite peaceful strike.
The Company (respondent) put up a notice that the strike was illegal and that the striking workmen were liable to disciplinary action for misconduct.
A... | 96 |
Appeal No. 2221 of 1993.
From the Judgment and Order dated.5.5.
1993 of the Madhya ' Pradesh High Court in M.P. No. 4420 of 1991.
Harish N. Salve and L.R. Singh for the Appellant.
Anoop Choudhary, A.K. Sanghi, S.V. Deshpande and section K. Agnihotri for the Respondents.
The Judgment of the Court was delivered by Mohan,... | In 1989, respondent 1 and his sister applied for migration from Mumbili Medical College in the Faculty of Medicine, affiliated to the University of Dar es Salam to a recognised medical college in India.
The Medical Council of India turned down this application.
A writ petition was filed in the Court at Jabalpur.
The Hi... | 97 |
Appeal No. 605 of 1964.
Appeal by special leave from the judgment and decree dated April 12, 1963 of the Andhra Pradesh High Ccurt in S.A. No. 124 of 1959.
281 P. Ram Reddy and A. V. V. Nair, for the appellant.
H. R. Gokhale, section P. R. Vital Rao, K. Rajendra Chaudhari and K. R. Chaudhuri, for the respondent.
The Ju... | The trustees of a tempter filed a suit for rendition of accounts 'against ,the ex trustees, in respect of their management of the temple.
The trial court and the first appellate court, in their discretion and having regard to the circumstances of the case, directed the defendants to render accounts for about six years ... | 98 |
Appeal No. 91 of 1953.
Appeal from the Judgment and Decree dated the 12th day of June 1951 of the High Court of Judicature at Calcutta in Appeal from Original Decree No. 56 of 1951 arising out of the Decree dated the 8th day of March 1951 of the said High Court exercising its Ordinary Original Civil Jurisdiction in Sui... | The object of the Banking Companies Act, 1949 is to provide a machinery for expeditious and speedy termination of proceedings in liquidation and in the absence of any specific provisions of the Act to the contrary or any rules framed by the High Court under section 45 G of the Act (inserted by Act XX of 1950) the norma... | 99 |
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