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Appeal No. 623 of 1975.
From the Judgment and Order dated 25 6 74 of the Karna taka 'High Court in Civil Revision No 1981/73.
S.S. JavaIi and B.P. Singh, for the Appellants.
S.V. Gupte and K.N. Bhatt, for the Respondent.
The Judgment of the Court was delivered by RAY, C.J.
This appeal by special leave is from the judgm... | The respondent took the disputed land on lease for 5 years from the appellant Corporation, and held it unautho risedly after the lease period expired.
His suit for a permanent injunction against interference with his posses sion, was dismissed, and his appeal rejected.
The appellant then instituted the suit in appeal, ... |
N: Criminal Appeal No. 718 of 1979 From the Judgment and Order dated 11 10 1979 of the Gujarat High Court in Criminal Appeal No. 110/77.
A.K. Trivedi and S.S. Khanduja for the Appellant.
The Judgment of the Court was delivered by FAZAL ALI, J.
This appeal is preferred by the three accused in Sessions Case No. 46 of 197... | The respondent a member of the Indian Air Force, retired from service on June 15, 1965 but was reemployed for a period of two years with effect from June 16, 1965.
On September 7, 1966 the respondent was transferred to the Regular Air Force Reserve with effect from June 16, 1965 to June 15, 1970 i.e. for a period of fi... |
it Petition (Civil) No. 623 of 1989.
(Under Article 32 of the Constitution of India).
Rangarajan and San jay Parokh for the Petitioner.
G.B. Pai, V.K. Sharma and R.K. Maheshwari for the Respondents.
The Judgment of the Court was delivered by 755 OJHA, J.
The gravamen of the grievance of the petitioner is that even thou... | M/s Dabur India Limited, petitioner in one set of peti tions, is a public limited company engaged in the manufac ture of Ayurvedic as well as Allopathic medicaments, along with cosmetics.
It used to manufacture for and on behalf of M/s Sharda Boiren Laboratories The petitioner in the second set of petitions a Homeopath... |
Appeals Nos.
50 of 1968 and 1201 of 1970.
From the judgment and Order dated the 20th January 1966, and ' 26th November 1968 of the Madras High Court in Writ Appeals Nos. 1124 of 1963 and 153 of 1966.
K.S. Ramamurthy and section Gopalakrishnan, for the appellant (in both the appeals).
S.V. Gupte and A.S. Nambiar, for re... | The appellant, a judicial officer, was convicted and sentenced under the , by a Full Bench of the Orissa High Court.
Registrar of Orissa High Court vs Bardakanta Mishra & Ors.
I.L.R. [1973] Cuttack 134.
The appellant 's career as a judicial officer was far from satisfactory.
When he was working as Additional District a... |
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 grandfather of the appellants and respondents had two wives.
The first wife and her only son died during his life time.
The pre deceased son left behind four sons and a daughter.
In 1947, the grand father made three oral gifts of certain properties in favour of his second wife, in lieu of maintenance.
Later, the gr... |
ivil Appeal No. 2010 of 1986.
From the Judgment and Order dated 15.4.
1986 of the Andhra Pradesh High Court in A.A.O. Nos.
737 of 1981 275 of 1982 and 69 of 1984.
Shanker Ghosh, A.V. Rangam and T.V. Ratnam for the Appellant.
Ashok Sen. A. Subba Rao, Qamaruddin, Mrs, Qamaruddin, C.S.S. Rao and S.V. Deshpande for the Res... | % The appellants were contractors for the supply of ballast to PWD.
They were detained under section 3(2) of the .
It was stated in the grounds of detention that on account of business rivalry, appellants and their companions attacked the complainant with fire arms and hand grenades with intent to kill him, FIR was lod... |
ivil Appeal Nos.
1399 to 1403 of 1970.
479 Appeal from the Judgment and order dated 20th December 1 968 A the Madras High Court in Tax Case No. 314/64 (Reference No. 82 of 1964) and Civil Appeal No. 301 of 1974 Appeal from the Judgment and order dated 3rd April 1972 of the Madras High Court in Tax Case No. 328 of 1966 ... | Schedule II, Article 11 of the Court Fees prescribes a sum of Rs. 2/ as court fees in the case of a memorandum of appeal presented to a High Court when the appeal is not from a decree or order having the force of a decree.
The Tribunal appointed under the dismissed the petition filed by the appellant claiming certain s... |
Civil Appeal No. 3011 of 1979.
From the Judgment and Order dated the 7th September, 1979 of the Patna High Court in Election Petition No. 4 of 1977.
Shanti Bhushan and M.P. Jha for the Appellant.
S.K. Sinha for the Respondent.
The Judgment of the Court was delivered by VARADARAJAN, J.
This election appeal is directed a... | On the basis of a simple mortgage executed in his favour in the year 1948, the appellant obtained a decree on 4 9 1967, brought the mortgaged property to sale, purchased it himself on 24 7 1968 and got the sale confirmed by court on 28 8 1968.
The first respondent who held a promissory note executed in his favour by th... |
Petition No. 6693 of 1986 etc.
in Writ Petition (Crl) No. 1171 of 1982.
Under Article 32 of the Constitution of India.
Petitioner in person.
B. Datta, Additional Solicitor General, Jagdeep Kishore, T.V.S.N. Chari, Ms. K. Jaiswal, D.N. Mishra, B.M. Bagaria, P.H. Parekh, M.K.D. Namboodri, Kailash Vasdev, H.K. Puri, R.K. ... | The Supreme Court in the judgment of Laxmi Kant Pandey vs Union of India dated 6th February, 1984 and the supple mental judgment dated 27th September, 1985 had formulated the normative and procedural safeguards to be followed in giving an Indian child in adoption to foreign parents.
Since there were certain difficultie... |
N: Criminal Appeal No. 191 of 1971.
(Appeal by special leave from the judgment and order of the Bombay High Court dated 25 2 1972 in criminal appeal No. 683 of 1971.) M/s. M. K. Ramamurthi & Co. for the appellant.
M. N. Shroff and Vineet Kumar, for the respondents.
The Judgment of the Court was delivered by BEG, J.
The... | The appellant an owner of a hotel was prosecuted along with five others for forcibly dispossessing the complainant who was the Manager of the Hotel and further for misappropriating certain properties including some money belonging to the complainant.
According to the appellant, the complainant was merely a licensee.
Th... |
No. 131 of 1966.
Petition tinder article 32 of the Constitution of India for the enforcement of fundamental rights.
A. K. Sen and K. B. Mehta, for the petitioners.
B. Sen and R. H. Dhebar for respondents Nos. 1 and 2.
B. P. Maheshwari and section M. Jain, for respondent No. 4.
The Judgment of the Court was delivered by... | The petitioners were promoted from the Postal Superintendents Service Class II to the time scale of Class I Service, and, respondents 3 to 7 were direct recruits to the time scale of Class I service.
On 30th January 1957, Government fixed the inter se seniority between them by showing the petitioners as senior to respo... |
241 and 242 of 1960.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Rights.
P. B. DaS, K. Choudhoury, Balbhadra Prasad Singh and I. N. Shroff, for the petitioners.
M. C. Setalvad, Attorney General of India, B. Sen and R. H. Dhebar, for the respondents.
February 10.
The Judgment o... | The appellant was convicted of an offence under section 92 of the , for working a salt works without obtaining a licence.
The salt works extended over an area of about 250 acres ' The only buildings on this land were temporary shelters for the resident labour and for an office ; at some places ,there where pucca platfo... |
iminal Appeal No. 48 of 1952.
Appeal under article 134(1) (c) of the Constitution of India from the Judgment and Order dated the 21st March, 1952, of the High Court of Judicature at Calcutta (Das Gupta and Lahiri JJ.) in Criminal Appeal No. 77 of 1950 arising out of the Judgment and Order dated the 29th April, 1950, of... | Trial by jury is undoubtedly one of the most valuable rights which an accused can have but it has not been guaranteed by the Constitution.
Section 269(1) of the Code of Criminal Procedure is an enabling section and empowers the State Government to direct (1) 75 I.A. 41 (2) 76 1,A. 10 225 that the trial of all offences ... |
Appeal No. 26 of 1966.
Appeal from the judgment and order dated October 28, 1964 of the Punjab High Court in I. T. Reference No. 28 of 1962.
section K. Mitra, Gopal Singh, section P. Nayyar and R. N. Sachthey,.
for the appellant.
Veda Vyasa and B. N. Kirpal, for the respondent.
The Judgment of the Court was delivered b... | The Revenue authorities did not allow depreciation on the cost of land alongwith the cost of building standing thereon.
The Appellate Tribunal accepted the assessee 's appeal and the High Court answered the question in favour of the assessee.
In appeal to this Court by the Revenue: HELD: The appeal must be allowed.
Bui... |
ION: Special Leave Petition (Civil) No. 7534 of 1987.
From the Judgment and Order dated 4.11.
1986 of the Kerala High Court in M.F.A. No. 64 of 1982.
E.M.S. Anam for the Petitioner.
The Order of the Court was delivered by VENKATARAMIAH, J.
The petitioner was the owner of a bus bearing No. KLD 9327 which was being run a... | The petitioner was the owner of a bus being run as a stage carriage.
On 24.7.78 while carrying passengers this bus met with an accident, as a result of which one passenger died.
The Motor Accident Claims Tribunal held that the accident took place due to the negligence on the part of the driver and awarded compensation ... |
Civil Appeal No. 1110 (NT) of 1986 From the Judgment and Order dated 24.11.1984 of the High Court of Madhya Pradesh, Indore Bench, passed in M.P. NO. 104 of 1984.
Gobind Das, Mrs. Sushma Suri, Mrs. Indra Sawhney and C.V.S. Rao for the Appellants.
Dr. Y.S. Chitale, Sanjay Sarin, Abdul Chitale and S.K. Gambhir, for the R... | The respondent No. 1 in this appeal was manufacturing Spun yarn.
In the manufacture of the said product, the respondents used as raw material cellulosic fibres and non cellulosic fibres.
Prior to 7th July, 1983, the respondents had filed a classification list in respect of the spun yarn manufactured by them showing the... |
(Civil) No. 1410 of 1987.
(Under Article 32 of the Constitution of India).
WITH Writ Petition (Criminal) No. 528 of 1987.
AND Writ Petition (Civil) No. 1372 of 1987.
J.P. Verghese, Aby T. Varkey and N.N. Sharma for the Petitioners.
Altar Ahmed, ASG.
U.N. Bachawat, R.B. Mishra, Ms. A. Subhashini and Uma Nath Singh for t... | The Petitioners, foreign nationals engaged in Christian missionary work have been staying in India continuously for a long time since pre independence period.
They continued to stay on the basis of resi 149 150 dential permits renewed from time to time.
In 1985 an order was passed asking them to leave the country and t... |
Appeal No. 427 of 1959.
Appeal by special leave from the Award dated February 18, 1958, of the Industrial Tribunal (Textiles) U.P., Allahabad, in Petitions (under section 6 E) Nos.
(Tex.) 3 and 4 of 1957 and 1 of 1958.
M. C. Setalvad, Attorney General for India and G. C. Mathur, for the appellant.
B. P. Maheshwari, for... | Village P in the State of Andhra Pradesh was originally comprised of a village of the same name and a fairly large hamlet called PP, but in view of the difficulties in the two being treated as one unit for purposes of village administration the Board of Revenue sanctioned the bifurcation of P into two villages, P and P... |
: Contempt Appeal No. 19 of 1981.
From the judgment and order dated the 17th November, 1980 of the Himachal Pradesh High Court at Simla in Contempt Petition (Crl.) No. 7 of 1980.
V. M. Tarkunde, section section Ray, K.K.Venugopal, Dr. L. M. Singhvi, Kapil Sibbal, C. M. Nayar and L. K. Pandey for the Appellant.
L. N. Si... | Two Trade Unions of Workmen function at appellant 's factory.
The State Government made a reference under the Industrial Dispute Act, 1947 for adjudication of an Industrial Dispute between the appellant and its workmen regarding their demands.
A joint charter of Demands was later submitted by the Unions raising certain... |
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... |
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... |
Appeal No. 222 of 1956.
40 Appeal by special leave from the judgment and decree dated December 8, 1953, of the former Nagpur High Court in Misc.
Civil Case No. 55 of 1950.
C. K. Daphtary, Solicitor General of India, K. K. Rajagopala Sastri, R. H. Dhebar and D. Gupta, for the appellant.
The respondent did not appear.
Oc... | Some of the erstwhile employees of Burmah Shell, in an earlier writ petition, claimed restoration of the commuted portion of pension and enhancement of pension on par with the pensioners of Hindustan Petroleum Corporation Limited, (HPCL).
At the time of hearing, the claim for restoration of the commuted portion of pens... |
N: Civil Appeal No. 569 of 1961.
Appeal by special leave from the order dated September 9, 1960, of the Chief Commissioner, Pondicherry in Appeal No. 94 of 1960.
WITH Writ Petition No. 347 of 1960.
Petition 'tinder article 32 of the Constitution of India for enforcement of Fundamental Rights.
658 N. C. Chatterjee, R. K... | In the year of account relevant to the assessment year 1942 43, the assessee received Rs. 9,180/ , but submitted no return of her income.
On July 25, 1949, the Income tax Officer, on receipt of definite information that such income had escaped assessment, issued a notice to her under section 34 of the Indian Income tax... |
Appeal No. 245 of 1965.
396 Appeal by special leave from the judgment and order dated October 31, 1962 of the Andhra Pradesh High Court in Appeal No. 563 of 1959.
K.R. Chaudhuri, for the appellants.
K. Sen and T. Satyanarayana, for respondents Nos. 1 to 3.
The Judgment of the Court was delivered by Mitter, J.
This is a... | A childless Hindu lady brought up a boy B and a girl K as foster children.
She made a will whereby after her death B and K were to get a life estate in her property and 'after their death the children that may be born to them should enjoy the same with powers of gift transfer and sale '.
After the lady 's death B and K... |
: Criminal Appeal No. 70 of 1979.
Appeal by Special Leave from the Judgment and order dated 1 2 1978 of the Calcutta High Court in Criminal Appeal No. 273 of 1976 and death Reference No. 4/76.
H. C. Mittal (Amicus Curiae) for the Appellant.
G. section Chatterjee for the Respondent.
The following Judgments were delivere... | The original vendor of the lands in dispute sold them to the first vendee.
In the meantime three decrees for pre emption were passed in favour of the pre emptor and against the vendor and his vendees.
After satisfying the conditions imposed in the decrees regarding deposit of certain sums of money the pre emptor sold t... |
Civil Appeal No. 63 of 1971.
Appeal by Special Leave from the Judgment and order dated the 19th February 1970 of the Andhra Pradesh High Court in R.C. No. 50 of 1966.
section T. Desai and K. Rajendre Choudhary, for the Appellant G. C. Sharma and section P. Nayar, for the Respondent.
The Judgment of the Court was delive... | The respondent landlord filed a suit for eviction against the appellant tenant on the ground of bona fide personal requirement and that he has no other resonably suitable accommodation of his own which is one of the grounds of eviction under the Madhya Pradesh Accommodation Control Act.
The appellant filed a Written St... |
Civil Appeals Nos. 201 and 202 of 1961.
404 Appeals from the judgment and decree dated May, 16, 1958 of the Patna High Court in L. P. As.
Nos 13 and 14 of 1957.
A. V. Viswanatha Sastri, R. K. Garg, M. K. Ramamurthi, D. P. Singh and section C. Agarwala, for the appellants.
M. C. Setalvad, Attorney General for India.
B. ... | Subsequent to an order made for the winding up of a company, the Company Judge made a direction for action to be taken under provisions of section 153 of the Indian Companies At the meeting of the unsecured creditors of the company a resolution was passed by the creditors present, either in person or through proxy, by ... |
Appeal No. 2462 of 1968.
Appeal by Special Leave from the Judgment and Order dated 17 5 1968 of the Allahabad High Court in First Appeal No. 13 of 1956.
M. N. Phadke, M. Qamaruddin, (Mrs.) M. Qamaruddin, M. Y. Omar, N. Aly Khan and V. M. Phadke for the appellant.
889 Lal Narain Sinha, D. P. Singh, section C. Agarwal, A... | One Smt.
Sughra Begum, a Shia Muslim lady was possessed of vast Zamindari and other properties.
On October 6, 1928, she created a waqf of the entire properties dividing them in three qurras, Raja Haji Saiyed Mohammad Mahmood Hasan was appointed by the waqifa as the Mutawalli of qurra No. 1.
After the death of his first... |
Civil Appeal Nos.
1896/76, 265 300/77 and 29 38/77 and 5/77.
(From the Judgment and Order dated 3 12 1976 of the Andhra Pradesh High Court in Writ Petition Nos.
1634/76, 2068, 2426, 2477, 2585, 3026, 2914, 2918, 2926, 2965, 3471, 2517, 2522, 2581, 2597, 2401, 2461 2462, 2465, 2469, 2485, 2507, 2877, 2949, 3213, 3469, 2... | The State Legislatures of eleven States, (Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, orissa, Punjab, Tripura, U.P. and West Bengal) considered it desirable to have a uniform legislation enacted by Parliament for the imposition of a ceiling on urban property for the country as a whole an... |
N: Criminal Appeal No. 350 of 1978.
(From the Judgment and order dt. 29 5 78 of the Gujarat High Court in Spl.
Criminal Appln.
No. 20 of 1978) Ram Jethmalani and Mrs. K. Hingorani for the appellant.
section K. Mehta and M. N. Shroff for the respondent.
The Judgment of the Court was delivered by TULZAPURKAR, J.
On Septe... | An executing court cannot go behind a decree so as to vary its terms and when the obligations it imposes on the parties are reciprocal and inseverable, rendering partial execution impossible, the decree must be executed wholly as it stands or not at all.
This is particularly true of a decree for specific performance wh... |
ivil Appeal Nos.
160 63 of 1990.
From the Order dated 25.9.89 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. E/1883/85 C, E/2031/85 C, E/ 1468/88 C and E/ 1986/88 C (Order No. 543 546 of 1989 C).
M.L. Lahoty, Mrs. Meeta Sharma and P.S. Jha (NP) for the Appellant.
M. Chander Sekaran... | The appellant was a manufacturer of egg trays and other similar items.
Before the introduction of (new Tariff) effective from 1.3.1986, Central Excise and Salt Act, 1944 (old Tariff) was applicable to the relevant products.
The appellant, classifying its product under Item 68 of the old Tariff, was paying duty accordin... |
n No. 3 61 of 1968.
Petition under article 32 of the Constitution of India for writ in the nature of habeas corpus.
M.K. Ramamurthi, Shyamala Pappu and Vineet Kumar, for the petitioner.
R. Gopalakrishnan and R. N, Sachthey, for the respondent.
The Judgment of the Court was delivered by Shah, J.
On March 16, 1968 the pe... | The respondent held a licence for the supply of Electricity under the ' in the Godhra area of undivided BombaY. On the creation of the State of Gujarat the area went to that State.
The Electricity (Supply) Act came into force in 1948 and under it the condi tions in Schedule VI thereof were deemed to be incorporated in ... |
N: Review Petition (Criminal) Nos.
24 1 242 of 1989.
IN Criminal Appeal Nos.
544 545 of 1986.
Mahabir Singh for the Petitioner.
A.N. Mulla, S.B. Upadhyay for the Respondents.
The Order of the Court was delivered by RAY, J.It is very unfortunate that a controversy has arisen following the judgment sought to be reviewed ... | Mohd. Zainulabdeen and Yasin By filed a suit for decla ration that they were entitled to be in enjoyment and pos session of Saint Syeed Moosa Shah Khadiri Dargah in Madras for 27 days and to restrain the defendants from interfering with tile plaintiffs ' aforesaid right and management in the Dargah.
In reply the defend... |
Criminal Appeal No. 829 of 1985.
From the Judgment and order dated 28.11.1983 of the Andhra Pradesh High Court in Crl.
Case/Petn.
No. 290 of 1983.
R. Venkataramani and R. Ayyam Perumal for the Appellant.
A. Subba Rao for the Respondents.
The Judgment of the Court was delivered by, OZA, J.
This appeal has been filed by ... | On a complaint being filed under section 120(b) read with ss.467 and 471 of the Indian Penal Code, the Metropolitan Magistrate summoned the appellant and thereafter rejected his objection about the maintainability of his prosecution for want of sanction under section 197 of the Criminal Procedure Code, holding that sec... |
Civil Appeal No. 724 of 1975.
(Appeal by Special Leave from the judgment and order dated the 12th September, 1974 of the Andhra Pradesh High Court at Hyderabad in Writ Appeal No. 626.
of 1974) A. Subba Rao for the appellant.
G. C. Sharma and S.P. Nayar for the respondents.
The Judgment of the Court was delivered by GOS... | While holding the post of Agricultural Inspector in the Agricultural Department, the appellant was appointed against a temporary post of Block development and Panchayat officer in the Development Department of the State, and was confirmed in that post with effect from April 1, 1964.
As a result of the partition of Punj... |
125 of 1959.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
G.S. Pathak, A. P. Sen and J. B. Dadachanji, for the Petitioners.
H. J. Umrigar and T. M. Sen, for the Respondents.
September 20.
The Judgment of the Court was delivered by DAs GUPTA J.
In this petition under arti... | The petitioner Company carrying on the business of manu facturing bidis and having its head office at Jabalpur in the State of Madhya Pradesh made certain purchases of tobacco in the State of Bombay.
The Sales Tax Officer assessed the petitioner to a purchase tax under the provisions of the Bombay Sales Tax Act, 1953.
... |
Civil Appeal No. 2987 of 1986 From the Judgment and order dated 31.7.1986 of the Allahabad High Court in C. Misc.
Writ Petn.
No. 83 l0 of 1986.
G Shanti Bhushan.
S.P. Gupta.
H.K. Puri and Sunil Gupta for the Appellants.
B.D. Agarwala, M. Mudgal and Sunil Ambwani for the Respondents.
H 690 V.M. Tarkundeand R.B. Mehrotra... | The respondents purchased certain quantity of palm kernel fatty acid on high seas basis from a firm which had imported it on the strength of an additional licence issued to it pursuant to the order of this Court dated 18th April 1985 in C.A. No. 1423 of 1981 Union of India vs Rajnikant Brothers.
The Customs authorities... |
Special LeaVe Petition (Civil) No. 6765 of 1985.
From the Judgment and Order dated 11.12.
1984 of the Andhra Pradesh High Court in C.M.A. No. 244 of 1981.
D .N. Gupta and Vijay Kumar Verma for the Petitioner.
The Order of the Court was delivered by VENKATARAMIAH, J.
This petition is filed under Arti cle 136 of the Cons... | The assessee company, which derived its income from the manufacture and sale of sugar and confectionery, was as sessed for the years 1958 59 by the Income Tax Officer under the Income Tax Act, 1922 by making additions of Rs.48,500 for cane cost, Rs.67,500 for shortage in cane, and Rs.21,700 for salary of outstation sta... |
Civil Appeal No. 4650 of 1992.
From the Judgment and Order dated 18.2.1991 of the Patna High Court in C.W.J.C 6581 of 1990.
Ranjit Kumar for the Petitioners.
Ms. Sangeeta Aggarwal for the Respondent.
The Judgment of the Court was delivered by SHARMA, J.
1.
Heard the learned Counsel for the parties.
Special Leave is gra... | The Imperial Council of Agricultural Research, a Society established under the Societies Registration Act in the year 1929 was redesignated as the Indian Council of Agricultural Research after the advent of Independence.
Till 1965, the ICAR was largely functioning as a coordinating agency and apex body for financing re... |
Civil Appeal No. 282 of 1971.
Appeal by special Leave from the Judgment and Order dated 22 12 70 of the Gujarat High Court in C.R.A. No. 1353 of 1970 and CIVIL APPEAL NO.
2068/71 Appeal by Special Leave from the Judgment and Order dated the 31 3 71 of the Bombay High Court in Special Civil Application No. 859 of 1967.
... | Both the appeals raise a common question as to whether a tenant in order to resist passing of a decree of eviction under the provisions contained in section 12(3)(a) of the Bombay Rent Act 1947 must dispute the standard rent within one month from the date of receipt of the notice from the landlord terminating the tenan... |
ence No. 1 of 1958.
Reference by the President of India under Article 143(1) of the Constitution of India on the Kerala Education Bill, 1957.
The circumstances which led to this Reference by the President and the questions referred appear from the full text of the Reference dated March 15, 1958, which is reproduced bel... | The appellant was convicted under section 302 read with section 201 IPC for having committed the murder of his father and son.
It was alleged, as motive for offence, that the appellant used to quarrel with his father as the latter wanted to transfer his land in the name of his grandson, who used to live with him.
PW. 2... |
Civil Appeal No. 1115 of 1979.
856 From the Judgment and Order dated 26.10.1978 of the Jammu & Kashmir High Court in W.P.No.41 of 1978.
A.K. Sen, Harish Salve, K.J. John and C.S.S. Rao for the Appellants.
Altaf Ahmed, Advocate General and S.K. Bhattacharya for the Respondents.
The Judgment of the Court was delivered by... | % The facts and issues involved in all these appeals were similar.
Criminal Appeals Nos.
644 45.87 and Criminal Appeals Nos.
642 45 /87 were against the judgment and order of the High Court of Bombay, dismissing the Criminal Appeal filed by masters of two trawlers against their conviction and sentence and allowing the ... |
iminal Appeal No. 42 of 1955.
On Appeal by Special leave from the Judgment and Order dated the 8th October 1954 of the Bombay High Court in Criminal Appeal No. 315 of 1954 arising out of the Judgment and Order dated the 6th January 1954 of the Court of the 4th Presidency Magistrate, Bombay in Cases Nos.
639 40/P 1955.
... | The Government of India, in 1950, framed a rule for promotion of an Income Tax Officer as Assistant Commis sioner and it was published as rule 18 in Vol.
I1 of the Office Manual published in 1955.
The rule provided that promotion shall be strictly on merit and that no one should ordinarily be considered for promotion u... |
vil Appeal No. 195556 of 1980.
From the Judgment and Order dated 3/4th July, 1979 of the Bombay High Court in Spl.
C.A. Nos.
2052 of 1973 and 132 of 1974.
F.S. Nariman, Anil B. Diwan, P.H. Parekh, Ms. Lata Krishnamurthy and section Dutt with for the Appellants.
V.M. Tarkunde and H.G. Advani, Hira Advani Kailash Vasudev... | The Appellant was ordered to be evicted under section 14(1)(e) of the Delhi Rent Control Act, 1958 on the ground of bona fide requirement of the landlord.
Dismissing the Appeal, to this Court, HELD: 1.
Sections 14A, 14(e), 25A, 25B and 25C of the Delhi Rent Control Act, 1958, are special provisions so far as the landlo... |
ivil Appeal No. 1548 of 1974.
From the Judgment and Order dated 12.12.
1972 of the Bombay High Court in F.A. No. 152 of 1972.
V.A. Bobde, B.R. Agarwala and R.B. Hathikhanwala for the Appellants.
M.S. Gupta for the Respondents.
The Judgment of the Court was delivered by KANIA, J.
This is an appeal by special leave grant... | Under a Hire Purchase agreement entered into with the appellant, a firm registered under the Partnership Act, 1932, carrying on the business of hire purchase of automo bile vehicles, Respondent No. 1 hired the truck owned by the appellant, under the agreement Respondent No. 1 agreed to pay initial hire charge of Rs. I0... |
ivil Appeal No. 2245 to 2249 of 1985.
212 From the Judgment and Order dated 8.11.
1984 of the Patna High Court in C.W.J. Case No. 2812 of 1982.
V.M. Tarkunde and M.P. Jha for the Appellants.
S.N. Kacker and L.R. Singh for the Respondents.
Vijay Hansaria for Respondent in C.A. No. 2248/85.
The Judgment of the Court was ... | Section 2(P)(i) of the Bihar Agricultural Produce Mar kets Act, 1960 defines 'sale ' to mean any transfer of property in goods for cash or deferred payment or other valuable consideration.
The Explanation to section 2(P)(i) inserted by the Bihar Agricultural Produce (Markets) amend ment Act, 1982 provides that notwiths... |
Appeals Nos. 660 and 811 of 1966.
Appeals by special leave from the award dated January 14, 1965 of the Industrial Tribunal, West Bengal in Case No. VIII260 of 1963.
H.R. Gokhale, B.P. Maheshwari and N.M. Shetye, for the appellant (in C.A. No. 660 of 1966) and respondent No. 1 (in C.A. No. 811 of 1966).
D.L. Sen Gupta,... | The appellant who was a dealer in textiles in Bombay entered into an agreement with a registered cooperative society for weaving yarn supplied by him into cotton fabrics on powerlooms owned by its members.
The Society had obtained L 4 licence as required by the .
Under Rule 8 of the Rules made under the Act.
the Centra... |
ition Nos.
829/79, 1104, 200 2655 of 1980.
(Under article 32 of the Constitution of India).
G. N. Dikshit, section Markendeya, P. Sinha, M. M. Temai, J. K Nayyar and section K Bisaria with him for the Petitioners.
section R Gambhir for the Respondent.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J.
The p... | The appellant tenant was inducted into the suit premises as for back as 1945.
The respondent landlord applied under section 19 (1) (a) of the Slum Areas Improvement and Clearance) Act 1956 before the Competent Authority for permitting him to institute a suit for eviction of the appellant but that application was dismis... |
ivil Appeal No. 469 of 1975.
From the Order dated 31.5.1974 of the Government of India, Ministry of Finance, Department of Revenue and Insur ance, New Delhi, in Order No. 615 of 1974 on Central Excise Revision Application.
Dr. Y.S. Chitale, Ms. M. Ray and H.K. Dutt for the Appel lant.
V.C. Mahajan, (N.P.), P. Parmeshwa... | The appellant assessee has been manufacturing cushion repair compoud, tread repair compound and cover compound.
According to the assessee, these were not meant either for resoling or retreading of tyres, but for mending injured and defective sections of tyres.
Though normally these goods are dutiable under tariff item ... |
Civil Appeal No. 345 of 1985.
Appeal by Special leave from the Judgment and Order dated the 5th October, 1983 of the Calcutta High Court at Calcutta in Civil Order No. 971 of 1983.
D. N. Mukherjee for the Appellants.
Mahabir Singh for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
Speci... | Under the Indian Tariff Act 1934, there was a levy of customs duty on imported paper.
Exemption, however, had been granted for import of white, grey or unglazed newsprint from the levy of any kind of customs duty in excess of 1.5% ad valorem but subsequently a specific import duty of Rs. 50 per MT was levied on newspri... |
ivil Appeal Nos.
1725 26 of 1973.
From the judgment and order dated 27th October, 1972 of the Allahabad High Court in Special Appeals Nos. 424 and 425 of 1971.
P. N. Lekhi, M.K. Garg and V. K. Jain for the Appellants.
A. P. section Chauhan and C.K. Ratnaparkhi for the Respondents.
The Judgment of the Court was delivere... | The Special Bearer Bonds (Immunities and Exemptions) ordinance, 1981 was promulgated on January 12,1981.
It was repealed and replaced by the .
The Act received the Presidential assent on March 27,1981.
Section 1(3) of the Act stated that the Act was deemed to have come into force on January 12, 1981.
The provisions of ... |
Civil Appeal No. 98 of 1962.
Appeal from the judgment and decree dated March 7, 1957, of the Bombay High Court in First Appeals Nos. 897 of 1951 and 66 of 1952.
section section Shukla for the appellant.
G. B. Pai, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for respondents Nos. 1, 3 and 7.
A.V. Viswanatha Sastr... | The appellant, a Hindu reversioner, brought the suit out of which the appeal arose for recovery of certain properties alienated by two widows having widow 's estates under the will of their husband.
The respondents resisted the suit mainly on the grounds that the appellant, who was an undischarged insolvent at the time... |
Civil Appeal No. 707 of 1988.
From the Judgment and Order dated 13.10.87 of the Bombay High Court in A. No. 969 of 1984.
S.B. Bhasme and A.S. Bhasme for the Appellant.
Dr. Y.S. Chitale and R.S. Nariman for the Respondent No. 16.
Mrs. Karanjawala and Ms. Meenakshi Arora for the Caveator.
The following order of the Court... | % What fell for consideration in all these matters, viz., (i) SLPs.
(civil) Nos. 4826 and 7045 of 1987, (ii) SLP (civil) No. 5240 of 1987, (iii) C.M.Ps.
Nos. 12029 31/87 (in CAs Nos.
577 79 of 1987), (iv) C.M.Ps.
16635 and 16918/87 (in S.L.P. (c) No. 4826/87) and (v) Transferred Cases Nos. 13 and 14 of 1987 (with CMPs.... |
Civil Appeal No. 577 of 1961.
Appeal by special leave from the judgment and decree dated January 7, 1959, of the Allahabad High Court in Second Appeal No. 448 of 1952.
Sarjoo Prasad, Vithal Bhai Patel and S.S. Shukla, for the appellants.
C. B. Agarwala, and J. P. Goyal, for the respondent No. I. 1963.
May 3: The judgem... | The validity of the election of the appellant to the House of the People at the third general elections held in the month of February, 1962, was challenged by two of the electors of the constituency from which the appellant was elected, by filing election petitions for setting aside the election.
The nomination paper o... |
Appeal '.
No.75 of 1956.
Appeal by special leave from judgment and order dated March 17, 1955, of the Small Causes Court, Bombay, in Appeal No. 1 of 1955.
M.C. Setalvad, Attorney General for India, section N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellant.
K. B. Choudhuri, for the respondents.
702 1960.... | In ascertaining the surplus available for the payment of bonus according to the Full Bench formula the Industrial Court allowed the statutory depreciation but did not give any credit for the rehabilitation amount claimed.
The Industrial Court estimated the amount required for rehabilitation at Rs. 60 lakhs; out of this... |
Civil Appeals Nos.
1912 1914 of 1976.
(Appeal by special Leave from the Judgment and order dated 7 2 1975 of the Madhya Pradesh High Court in Misc.
Petition No. 231/74 and 685 and 732/73 respectively.) I.N. Shroff and H.S. Parihar, for the appellants.
S.K. Gambhir, for respondents Nos. 1 and 2.
The Judgment of the Cour... | Rule 23 of the Assam Agricultural Income tax Rules, 1939 provides that where an order apportioning the liability to the tax on the basis of partition has not been passed in respect of a Hindu undivided family hitherto.
assessed as undivided or joint, such family shall be deemed, to continue to be a Hindu undivided or j... |
N: Criminal Appeals Nos.
45 to 49 of 1951.
Appeals from the judgments and orders dated 20th August, 1951, of the High Court of Judicature at Simla (Bhandari and Soni 33.) in Criminal Writ 'Cases Nos. 46 to 50 of 1951.
Jai Gopal Sethi (R. L. Kohli and Sri Ramkumar, with him) for the appellants in Cr.
Appeals Nos. 45 and... | The petitioners were convicted under section 302 read with section 34 I.P.C. and were sentenced to death on November 26, 1977.
The High Court upheld the conviction and sentence on July 18, 1978.
The petitioners ' Special Leave Petition against the judgment of the High Court was dismissed on March 5, 1979 and the Review... |
Appeals Nos.
1458 1459 of 1970.
Appeal by special leave from the judgment and order dated the 1st January, 1970 of the Allahabad High Court in S.T.R. No. 344 and S.T.R. No. 347 of 1967.
745 N. D. Karkhanis and 0.
P. Rana, for the appellant.
No. appearance, for the respondent.
The Judgment of the Court was delivered by ... | The Sales Tax Officer assessed tax for the assessment years 1958 1959 and 1959 60, on the respondent assessee by two separate orders.
The assessee filed appeals against those orders before the Appellate Authority.
On May 10, 1963, when the appeals came up for hearing, the assessee was absent.
The appeals were, therefor... |
N: Criminal Appeal No. 172 of 1971.
Appeal by Special Leave from the Judgment and Order dated the 7 5 70 of the Calcutta High Court in Criminal Revision No. 370 of 1970.
M. M. Kshatriaya and G. section Chatterjee for the Appellant.
A. K. Sen, Mrs. Leila Seth, Mrs. Anjana Sen and O. P. Khaitan for respondent.
The Judgme... | The appellant Surjit Lal was the owner of an immovable property called "Kathoke Lodge".
He used to derive rent income from the said property in addition to deriving income under other heads.
In 1956, he made a declaration throwing the said property into the family hotchpotch.
The family consisted of himself his wife an... |
Appeal No. 390 of 1963.
Appeal by special leave from the award dated December 11, 1959, of the Industrial Tribunal, Assam at Gauhati in Reference No. 7 of 1959.
C.B. Agarwal, J.N. Hazarika and K.P. Gupta, for the appellants.
Sankar Bannerjee, P.K. Chatterjee, D.N. Gupta and B.N.Ghosh, for the respondents.
November 25, ... | As a result of the lay off declared by the respondent in the II tea estates, managed by them an industrial dispute arose between the respondent and their workmen, the appellant.
The respondent justified the lay off on the ground that its financial position was very difficult and that the lay off was appropriate in the ... |
ivil Appeal No. 1312 of 1990.
From the Judgment and Order dated 6.7.
1988 of the Rajasthan High Court in D.B. Civil W.P. No. 71/77.
section Hegde, Additional Solicitor General, A. Subba Rao for C.V.S. Rao for the Appellants.
S.C. Birla for the Respondent.
The Judgment of the Court was delivered by 762 K. JAGANNATHA SHE... | The Delhi Electricity Supply Undertaking disconnected the supply of electricity to the respondent company during the pendency of the suit for a prohibitory injunction with out serving notice on the consumer.
The trial court dis missed the amended suit for mandatory injunction to restore the supply.
The First Appellate ... |
Appeal No.2402 of 1966.
1 2 L694SupCI/71 850 Appeal by special leave from the judgment and order dated May 4, 1966 of the Patna High Court in Misc.
Judicial Case No. 284 of 1962.
A. K. Sen and U. P. Singh, for the appellants.
N. A. Palkhivala, section B. Mehta, B. Datta, for the respondent.
Hegde, J. This is an appeal ... | The assessee, having its registered office in Bombay and its factory in Bihar, was carrying on the business of manufacturing and selling trucks, bus chassis and spare parts to their appointed dealers and others.
Agreements were entered into between the assessee and the appointed dealers, under which, each dealer was as... |
Appeal No. 182 of 1956.
Appeal by special leave from the judgment and order dated November 23, 1955, of the Labour Appellate Tribunal of India, Bombay, in Appeal No. 224 of 1953 arising out of an award (Part II) dated June 4, 1953, of the Bombay Industrial Tribunal in Reference No. (I.T.A.)No.
18 of 1951.
M. C. Setalva... | The Baroda Electric Supply Concern was owned and managed by the State of Baroda.
Immediately before the merger of the State in the Province of Bombay, the State made a gift of the Concern to the Baroda Municipality to provide it with a new source of revenue as.
aid from the State might not be continued after the merger... |
Civil Appeals Nos.
2855 56 of 1982.
Appeals by special leave from the Judgment and Order dated the 9th April, 1982 of the Patna High Court in C.W.J.C. No. 3503/ 81 & 504 of 1982.
WITH Civil Appeals Nos.
2857 58 & 2859 60 of 1982 Appeals by Special leave from the Judgment and Order dated the 9th/10th February, 1982 of t... | By treaty and by international convention, India allows transit facilities to Nepal, its neighbour and a land locked country.
A company based in Kathmandu, Nepal imported a consignment of pre recorded cassettes from Singapore which was awaiting its despatch to Nepal at Calcutta Port.
As the 665 appellant company suspec... |
: Criminal Appeal No. 76 of 1974.
Appeal by Special Leave from the Judgment dated 9 11 1973 of the Delhi High Court in, Criminal Appeal No. 174 of 1972.
R. L. Kohli (Amicus Curiae) and R. C. Kohli for the Appellant.
Hardayal Hardy, Miss A. Subhashini and R. N. Poddar for the Respondent.
The Judgment of the Court was de... | An exparte order holding the appellant guilty of certain offences under the Foreign Exchange Regulation Act and imposing penalty for such contravention was passed by the Director of Enforcement.
On completion of 45 days of the issue of the order within which period the penalty was required to be paid, a complaint was l... |
Civil Appeal No. 1449 of 1987.
From the Judgment and Order dated 25.2.1987 of the Bombay High Court in W.P. No. 6028 of 1986.
V.M. Tarkunde and S.C. Birla for the Appellant.
V.B. Joshi and Janardan for the Respondent.
The Judgment of the Court was delivered by 463 KANIA, J.
This is an Appeal by a tenant against a decre... | % The enquiry officer 's report was not made available to the respondent before the disciplinary authority passed the final order recording the finding of guilt against him.
The Central Administrative Tribunal held in favour of the respondent.
In the special leave petition it was contended for the Union of India that t... |
Appeal No. 1690 of 1969.
Appeal by special leave from the judgment and order dated July 15, 1968 of the Delhi High Court at New Delhi in Incometax Reference No. 44 of 1964.
G.C. Sharma, R. Chawla, section R. Gupta, R. P. Soni and K. B. Rohtagi for the appellant.
F. section Nariman, Addl.
Solicitor General of India, A. ... | The respondents were landlords of two houses in the Karol Bagh area of Delhi.
The houses were built on lands given on long lease by the Delhi Improvement Trust to the rights, liabilities and assets.
of which the Delhi Development Authority subsequently succeeded.
Under the terms of the leases the buildings erected on t... |
Civil Appeals Nos. 2139, 2483 and 2484 of 1978.
Appeals by Special Leave from the judgment and order dated the 6th October, 1978 of the Madras High Court in O.S.A. No. 64 of 1978.
F.S. Nariman, A.K. Sen, Dr. Y.S. Chitaley, S.N. Kackar, T. Dalip Singh, K.J. John, Ravinder Narain, A.G. Menses and R. Narain for the Appell... | M/s. Needle Industries (India) Ltd. (NIIL), the appellant was incorporated under the Indian Companies Act 1913 as a Private Company on 20.7.1949 with its Registered office at Madras and at the time of its incorporation it was a wholly owned subsidiary of Needle Industries (India) Ltd., Studley, England (NI Studley).
In... |
Appeal No. 869 of 1987.
From the Judgment and Order dated 22.12.1981 of the Orissa High Court in Original Judicature Case No. 412 of 1976.
WITH CA No. 870 of 1987 R.K. Garg and A.K. Panda for the Appellants.
C.S. Srinivasa Rao for the Respondent.
The Judgment of the Court was delivered by B.P. JEEVAN REDDY,J.
1.
These ... | The appellant, a company registered under the Indian , was using industrial alcohol as one of the raw materials for manufacturing resins, chemicals, sodium carboxy methyl, cellulose and certain other chemicals.
In May, 1970, the company installed its own distillery for the purpose of manufacturing industrial alcohol fr... |
tion No. 1219 of 1987.
(Under Article 32 of the Constitution of India. ) T.S. Krishnamoorthy Iyer, P.N. Puri and R.K. Talwar for the Petitioner.
PG NO 400 Kuldip Singh and B. Dutta, Additional Solicitor Generals, Mahabir Singh, C.M. Nayar, A.K. Srivastava, Ms. A. Subhashini, A.S. Bhasme and A.V. Rangam for the Responde... | Industrial Court Duty of Must give an opportunity to applicants to explain the delay if the complaints are barred by limitation.
The respondents were earlier the employees of an organisation called the Maharashtra State Cooperative Marketing Federation Limited (Marketing Federation).
Later a new organisation namely the... |
: Civil Appeals Nos. 40 to 110 of 1955.
Appeals from the judgment and order dated November 12, 1953, of the former Judicial Commissioner 's Court, Vindhya Pradesh, Rewa, in Misc.
Applications (Writ) Nos. 51 to 119 and 121 of 1953.
C. K. Daphtary, Solicitor General of India, M. Adhikari, Advocate General for the State o... | The first respondent filed an election petition for an order that the election of the appellant be declared void on the ground that the appellant had committed the corrupt practice under section 123(5) of the Representation of the People Act, 1951, in that he had hired a tractor for conveying women electors from their ... |
Civil Appeal Nos. 1286, 1287 and 2511 of 1969 From the Judgment and Order dated 20 8 1968 and 3 4 1969 of the Punjab and Haryana High Court in Civil Writ Nos.800/66, 2625/65 and LPA No 141 of 1969.
Harbans Singh and R. N. Sachthey for the Appellant in all the appeals.
E. C. Agarwala and M. L. Srivastava for the Respond... | The respondent writ petitioners were constables of the Punjab State Government, and had put in more than 3 years service, when they were discharged for inefficiency, under Rule 12.21 of the Punjab Police Rules, 1934.
the High Court allowed their writ petitions challenging the validity of their discharge orders.
It was ... |
Civil Appeal No. 2060 of 1970.
From the judgment and order dated the 26th August, 1969 of the Madhya Pradesh High Court in First Appeal No. 100 of 1965 Harbans Singh for the Appellant.
Gopal Subramaniam, D.P. Mohanty and R.A. Shroff for the Respondent.
The Judgment of the Court was delivered by BALARRISHNA ERADI, J.
Th... | Under the deed of settlement (exhibit 2A) dated May 22,1930, the appellant landlady acquired a life interest in certain agricultural lands under dispute and the reversion remainder was in her children.
During her lifetime she was entitled to enjoy the income of the property but she could not dispose of the property by ... |
Appeal No. 882 of 1968.
Appeal by special leave from the judgment and order dated July 1, 1966 of the Calcutta High Court in Civil Reference No. 20 of 1963.
445 D. N. Mukherjee and Sunil Kumar Ghosh, for the appellant.
A. K. Sen, Sukumar Ghose and Krishna Sen, for respondent No. 1.
B. Sen, Sukumar Basu and P. K. Chakra... | The assessee firm used to promote companies.
It purchased all the shares of a Company at the ruling rates with borrowed money and very soon thereafter disposed of all of them at a profit.
Before the Income tax authorities the assessee claimed that it had taken over the shares with a view to secure the managing agency o... |
Special Leave Petition (Civil) No. 5863 of 1979.
139 From the Judgment and Order dated 15 12 1978 of the Kerala High Court in Original Petition No. 679/78 II.
N. Sudhakaran for the Petitioner.
A. section Nambiar for the Respondents.
The Order of the Court was delivered by KRISHNA IYER, J. All the parties are represente... | The Maharaja of Cochin, reigned and ruled over a pretty State, Cochin, which is now an integral part of the Kerala State.
The Travancore Cochin State came into being on July 1, 1949.
Two days before this constitutional merger, the Maharaja of Cochin issued a Proclamation to provide for the impartibility, administration... |
ivil Appeal No. 420 of 1963.
Appeal from the judgment and decree dated September 9. 1960 of the Andhra Pradesh High Court in Appeal Suit No. 300 of 1955.
M. Suryanarayana Murti and T.V.R. Tatachari, for the appellant.
K.R. Chaudhuri, for respondents 1 to 13.
The Judgment of Sarkar and Raghubar Dayal, JJ. was delivered ... | Section 7 (1) (c) of the East Punjab Public Safety Act, 1949, as extended to the Province of Delhi provided that "the Provincial Government or any authority authorised by it in this behalf, if satisfied that such action is necessary for preventing or combating any activity prejudicial to the public safety or the mainte... |
Appeal No. 125 of 1955.
Appeal from the judgment and decree dated November 20, 1951, of the former Court of Judicial Commissioner, Vindhya Pradesh, in Civil First Appeal No. 47 of 1951, arising out of the judgment and decree dated June 4, 1951, of the Court of Additional District Judge, Umaria, in Civil Original Suit N... | 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... |
minal Appeal No. 190 of 1966.
Appeal by special leave from the judgment and order dated February 4, 1966 of the Patna High Court in Government Appeal No. 14 of 1963.
B.P. Singh and S.N. Prasad, for the appellant.
A.S.R. Chari and U.P. Singh, for the respondent.
The Judgment of the Court was delivered by Mitter, J.
The ... | At an auction held on April 8, 1950 of the theka for collecting Tahbazari dues of a Mandi, the appellant 's bid was accepted.
At the time of auction a meeting of the respondent Board was also held in which the auction was confirmed by resolution and the usual conditions relating to the payment of auction money were ame... |
Appeal No. 2134 of 1970.
Appeal by special leave from the judgment and order dated March 5, 1970 of the Madhya Pradesh High Court in (Indore Bench) in Second Appeal No. 618 of 1964.
K. Rajendra Chowdhry, for the appellant.
P. C. Bhartari, D. N. Mishra and J.
B. Dadachanji, for, respondent No. 1. 302 The Judgment of the... | The Food Inspector purchased 1 1/2 seers of Shakkar from the appellant after paying its price.
He divided the sample into three parts, gave one to the appellant and retained the other two with him.
One of the samples retained ' was sent to the Public Analyst for examination.
The Public Analyst found it to be adulterate... |
vil Appeal No. 2 147 of 1984.
From the Judgment and Order dated 16.3.
1984 of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. ED(SB) No. 425/82 C (Order No. 15 1 of 1984).
J. Sorabjee, M.A. Rangaswamy and Ms. Radha Rangas wamy for the Appellant.
A.K. Ganguli, K. Swami and C.V. Subba R... | The appellant manufactures cotton fabric on power looms.
By virtue of two notifications issued under Rule 8(1) of the Central Excise Rules 1944 unprocessed cotton fabric was exempt from excise duty as also additional duties.
Since the appellant was using the process of 'calendering ', the Cen tral Excise authorities he... |
Appeal No. 84 of 1957.
Appeal from the judgment and decree dated November 7, 1955, of the Bombay High Court in Appeal No. 629 of 1955, arising out of the judgment and decree dated August 9, 1955, of the.
City Civil Court, Bombay, in Suit No. 2178 of 1954.
A.V. Viswanatha Sastri and I. N. Shroff, for the appellants.
Pur... | A who was a tenant of N sub let the premises to B and C. N filed a suit for ejectment against A, B and C in the Court of Small Causes, Bombay, on the ground of illegal sub letting.
The suit was decreed.
Thereafter, A, B and C filed the present suit in the Bombay City Civil Court for a declaration that A was a tenant of... |
Civil Appeal No. 90 of 1973.
From the Judgment and Order dated the 24th and 25th July, 1972 of the Gujarat High Court in Election Petition No. 2 of 1971.
section N. Andley, K. J. John and Shri Narain Mathur for the appellant.
F. section Nariman, P. H. Parekh, Mrs. section Bhandare and Manju Jaitley for respondent No. 1... | On 10 4 1968, a steamer arrived at the Madras port and landed inter alia a consignment or 202 bundles of black plain sheets of various sizes.
The appellants received the goods and stored them in the transit sheds.
The goods were imported by the first respondent under an authorisation issued by the State Trading Corpora... |
Writ Petition No. 146 of 1979 (Under Article 32 of the Constitution) R. Jethmalani and Mrs. K. Hingorani for the Petitioner.
U. R. Lalit.
J. L. Jain and M. N. Shroff for the Respondents.
The Judgment of the Court was delivered by BHAGWATI, J.
, This petition is directed against the validity of an order of detention dat... | ^ 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... |
Civil Appeals Nos. 85 & 389 of 1957.
Appeal from the judgment and order dated August 26, 1955, of the Calcutta High Court in Income tax References Nos. 44 of 1954 and 17 of 1953.
section Mitra and P. K. Mukherjee, for the appellant (in C. A. No. 85/57.) N. C. Chatterjee and P. K. Ghosh, for the appellant (in C. A. No. ... | The question for determination in these two appeals was whether the appellant firms were entitled to registration under section 26A of the Indian Income tax Act and the common point of law involved was the interpretation of the words " constituted under an instrument of partnership " occurring in that section.
In Appea... |
Civil Appeal Nos.
6092 & 6093 of 1983 Appeals by Special leave from the Judgment and order dated the 4th February, 1983 of the Bombay High Court in W.P. No. 173 of 1983 M.K Ramamurthi and Urmila Sirur for the Appellant.
Gobind Das, P.H. Parekh and Indu Malhotra for the Respondent The Judgment of the Court was delivered... | An Ambassador car No. MHX 3771 was purchased by M/s. Karamchand Thapar & Bros. (Coal Sales) Ltd, Delhi in the year 1966 and was transferred to respondent No. I United Collieries Ltd., the owners in relation to the North Chirimiri Collieries, and it was, therefore, the owner of the said vehicle.
On and from the appointe... |
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... | 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... |
Appeals Nos. 1594 and 1595 of 1968.
Appeals from the judgment and order dated August 29, 1963 of the Calcutta High Court in Income Tax Reference No. 38 of 1960.
Sachin Chaudhuri, T. A. Ramachandran and D. N. Gupta, the appellant (in both the appeals).
D. Narsaraju, section K. Aiyar, R. N. Sachthey and B. D. Sharma for ... | The respondent a dealer purchased unginned cotton and after ginning the cotton and removing the seeds sold the ginned cotton to customers outside the State.
The respondent paid parchase tax on the purchase turnover.
In respect of cotton seeds sold by it to registered dealers,the respondent claimed deduction from the pa... |
Appeal No. 73 of 1950.
Appeal from the Judgment and Decree dated the 26th January, 1944, of the High Court of Judicature at Patna (Fazl Ali C. J. and Chatterji J.) in Appeal from Original Decree No. 4 of 1941, arising out of Judgment and Decree dated the 20th September, 1940, of the Court of the Additional Subordinate ... | The respondent, the Textile Labour Association at Ahmedabad, entered into a five years pact with the Ahmedabad Mill Owners ' Association, representing the member mills, in regard to payment of bonus to the employees of the mills for the years 1953 57.
The Labour Union demanded bonus for the year 1958 on the basis of th... |
Writ Petition (Crl) No. 163 of 1988.
(Under Article 32 of the Constitution of India).
Petitioner in person.
K. Parsaran, Attorney General, Kuldip Singh, Additional Solicitor General and Ms. A. Subhashini for the Respondents.
The Judgment of the Court was deliver by VENKATARAMIAH, J.
On the basis of the allegations made... | The Kothari Commission appointed by the Government of India to examine the conditions of service of teachers with the object of improving the standards of education in the country recommended inter alia that the scales of pay of school teachers belonging to the same category but working under different managements such... |
iminal Appeal No. 69 of 1961.
Appeal by special leave from the Judgment and order dated December 23, 1960, of the Punjab High Court (Circuit; Bench) at Delhi in Criminal 'Appeal NO.: 10 D of 1960.
WITH CRIMINAL APPEAL NO. 62 of 1960.
Appeal from the judgment and order dated December 23, 1959, of the Allahabad High Cour... | Section 29 of the Indian Arms Act, 1878, provided that for prosecution for an offence under section 19(f) of the Act com mitted in the territories north of the jumna and Ganga no sanction was required but sanction was required for the pro. section if the offence was committed in other areas.
j was found in possession o... |
l Appeal No. 3381 of 1982.
From the judgment and order dated 18.10 82 of the High Court of Delhi in C.M. (M)) No. 174/82.
V.M. Tarkunde, B. Dutta and Mrs. & Mr. A. Minocha for the Appellant.
L N. Sinha and Mr. Parmod Dayal, for the Respondent.
The Judgment Or the Court was delivered by TULZAPURKAR.
The only question ra... | The appellant had taken a plot of land on lease under a lease deed for a term of 10 years for M/s Jain Motors.
At that time he was only a partner of M/s Jain Motors but later he became its sole owner.
The respondent took from the appellant on licence for one year under a deed the suitshed for carrying on work shop busi... |
ivil Appeal No. 709 of 1957.
Appeal by special leave from the judgment and order dated April 18, 1955, of the Madras High Court in Case Referred No. 25 of 1952.
A. V. Viswanatha Sastri and M. section K. Sastri, for the appellant.
"M. C. Setalvad, Attorney General for India, R, Ganapathy Iyer, R. H. Dhebar and D. Gupta,... | The appellant, who was a firm acting as managing agents of a limited company (the Mills), purchased four plots of land adjoining the Mills on various dates between 1941 and 1942, and about five years later sold them to the Mills, as a result.
of which the appellant realised a sum of Rs. 43,887 in excess of the purchase... |
N: Criminal Appeal No. 403 of 1981.
841 From the judgment and order dated the 10th October, 1980 of Punjab & Haryana High Court in Crl.
A. No. 954 of 1979.
Sushil Kumar for the Appellant.
K.C. Bhagat and R.N. Poddar for the Respondents.
The Judgment of the Court was delivered by SEN, J.
The short point involved in this... | The respondent was the appellant 's wife.
In her petition under section 125(3) Criminal Procedure Code, 1973 for grant of maintenance, the Metropolitan Magistrate, upheld her allegation that the appellant was impotent and was incapable of having sexual relations with his wife.
But the Magistrate refused to grant mainte... |
Appeal No. 455/59.
Appeal by special leave from the judgment and order dated January 16, 1956, of the former 429 Nagpur High Court, in Misc.
Petition No. 448 of 1954.
N. section Bindra and D. Gupta, for the appellants.
Purshottam Trikamdas, G. J. Ghate and Naunit Lal, for the respondents.
April 6.
The Judgment of the C... | The proprietary interest of the respondent in his village was abolished by the M. P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, and all rights, title and interest were vested in the State by section 4.
Section 5(a) of the Act provide that where any "buildings" belonging to the proprie... |
ivil Appeal No. 1049 of 1965.
Appeal from the judgment and order dated July 31, 1964 of the Gujarat High Court in Special Civil Application No. 1054 of 1963.
Soli Sorabjee, D.M. Damodar, B. Datta and J.B. Dadachanji, for the appellant.
V. A. Seyid Muhammad and S.P. Nayar, for the respondents.
P.R. Mridul, Janendra Lal ... | The respondent 's lorry was used by the driver of the lorry and another, without the respondent 's knowledge, for illicit transport of forest timber worth more than Rs. 50.
The driver and the other person were convicted for offences under sections 35 and 36 of the Andhra Pradesh Forest Act, 1882, and the magistrate dir... |
Appeal No. 1672 of 1966.
Appeal from the judgment and order dated 16th March 1965 of the Madras High Court in Appeal Suit No. 139 of 1961.
P. Balagopal A. Y. Rangam and Lily Thomas, Advocates for the appellant.
4 28 M.Natesan, R. Ramamurthi lyer and R. Gopalakrishnan, for the Respondent.
The Judgment of the Court was d... | The appellant mortgaged his property bearing No. 162A West Masi Street Madurai Town for a sum of Rs. 45,000 with the respondent Bank on October 14, 1950.
In January 1952 the appellant and his wife borrowed Rs. 25,000 and jointly executed a pronote.
The wife deposited her title deeds relating to premises No. 162 West Ma... |
Civil Appeal No. 578 of 1991.
From the Judgment and Order dated 8.11.1990 of the Bombay High Court in W. P. No. 4497 of 1991.
Ashok Desai, N. Serwai, Dilip Udeshi, P.H. Parekh and J.P. Pathak for the Appellants.
U.R. Lalit, K.K. Singhvi and Soli J. Sorabjee, A.M. Khanwilkar, Ravinder Narain, section Ganesh, D.N. Misra ... | The appellant tenant executed a lease agreement of the demised premises on a standard rent of Rs. 900 per month.
In addition thereto, the tenant also undertook to pay a lump sum of Rs. 120 per month by way of education cess and other daxes in respect of the premises.
The 1st respondent filed a suit for eviction of the ... |
Appeals Nos. 1687 and 1688 of 1968 Appeals from the judgment and order dated August 29, 30, 1967 of the Calcutta High Court in Income Tax Reference No. 16 of 1964.
section Mitra, R. N. Sachthey and B. D. Sharma, for the appellant (in both the appeals).
M. C. Chagla, section M. Jain, B. P. Maheshwari and R. K. Maheshwar... | The assessee was a limited company doing business as selling agents of a Textile Mill.
During the previous years relevant for the assessment years 1955 56 and 1956 57 the company had assessable profits but did not declare dividend, because capital loss far in excess of profits was incurred by it due to fall in value of... |
Appeal No. 87 of 1958.
Appeal by special leave from the Award dated October 10, 1956, of the Industrial Tribunal, Bihar, Patna, in Reference No. 6 of 1956.
R. J. Kolah, section N. Andley and Rameshwar Nath, for the appellants.
B. C. Ghose and P. K. Chatterjee, for the respondents.
705 1959.
September 11.
The Judgment o... | The appellants were carrying on motor transport business in Krishna District in Andhra Pradesh.
The General Manager of the State Transport Undertaking published a scheme for nationalisation of motor transport and objections to the said scheme were invited.
The appellants, among others, filed their objections.
The Secre... |
Appeal No. 897 of 1964.
887 Appeal by special leave from the judgment and order dated November 14, 1961 of the Allahabad High Court in Civil Revi sion No. 686 of 1953.
Bishan Narain and M. I. Khowaja, for the appellant.
Niren De. Addl.
Solicitor General, M. V. Goswami and Yogeshawr Parshad, for the respondent.
The Judg... | In a suit for rendition of accounts, the defendant pleaded that accounts, had been settled and he was to get certain money from the plaintiff; that there could be no rendition of accounts; and that if the court concluded that rendition of account was necessary, a decree for the amount which may be found due to the defe... |
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