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iminal Appeal No. 58 of 1959.
Appeal by special leave from the judgment and order dated November 7, 1958, of the orissa High Court in Original Criminal Misc.
Case No. 8 of 1958.
A.V. Viswanatha Sastri, H. B. Khanna and T. M. Sea, for the appellant.
H. N. Sanual, Additional Solicitor General of India, B. M. Patnaik, ;se... | IN-Abs | Under an order passed by the appellant, a Magistrate, one G was put in possession of some property on October 14, 1955.
in revision the order was set aside by the High Court on August 27, 1957, and the opposite party S applied, on November.
20, 1957, to the appellant for redelivery of possession.
G applied to the High ... |
399 of 1952.
Petition under article 32 of the Constitution of India for a writ in the nature of habeas corpus, Godavari Parutekar, the petitioner, in person.
M. C. Setalvad, Attorney General for India, (G.N. Joshi and P. A. Mehta, with him) for the respondent.
December 5.
The Judgment of the Court was delivered by BosE... | IN-Abs | Section 11 A which was inserted in the of 1950 by the Preventive Detention (Second Amendment) Act, 1952, provided that the maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 11 shall be twelve months from the date of detention.
But subs.
(2) qu... |
200 of 1955.
439 Petition under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
section K. Kapoor and Ganpat Rai, for the petitioner.
G. C. Kasliwal and D. Gupta, for the respondents.
St 1961.
March 17.
, J. Section 4 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (w... | IN-Abs | The title of the petitioner to succeed to the jagir as the next heir of his father who died in July 1946 was recognised and a renewal granted in his favour by the Government by an order dated March 8, 1952.
Section 190 of the Marwar Land Revenue Act, imposed an obligation on the succeeding heir to 1949, execute within ... |
4,36 and 37 of 1958.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
R. Ganapathy Iyer and K. L. Hathi, for the petitioners.
C. K. Paphtary, Solicitor General of India, B. R. L. Iyengar an(! P. M. Sen, for the respondents.
280 1961.
March 14.
The Judgment of the Court was d... | IN-Abs | The petitioners who were dealers in betel leaves were asses sed to sales tax by the Assistant Sales Tax Officer under the provisions of the C. P. and Berar Sales Tax Act, 1947.
The contention of the petitioners was that under section 6 read with the second schedule of the Act betel leaves were not taxable.
Under sectio... |
Appeal No. 283 of 1960.
Appeal from the judgment and decree dated, November 20, 1958, of the Allahabad High Court (Lucknow Bench) in First Civil Appeal No. 3 of 1956.
C. B. Agarwala and C. P. Lal, for the appellant.
R. Ganapathy Iyer and T. M. Sen, for the respondent.
March 16.
The Judgment of the Court was delivered b... | IN-Abs | The appellant who was a clerk under the East Indian Railways was compulsorily retired from service on attaining the age of 55 years.
His prayer for further retention in service having been rejected he filed a suit alleging that he was entitled to be retained in service up to the age of 60 years under Rule 2046 (2)(a) o... |
Appeal No. 752 of 1957.
Appeal from the judgment and decree dated January 8, 1954, of the Madras High Court in Second Appeal No. 312 of 1949.
A. V. Viswanatha Sastri and P. V. B. Tatachari, for the appellant.
341 P.Somasundaram and T. Satyanarayana, for the respondents.
March 16.
The Judgment of the Court was delivered... | IN-Abs | The property in dispute was granted in inam to the ancestors of the predecessors in interest of the plaintiff respondents for the performance of parak service in certain temples but the grantees alienated considerable portion of the property and ceased to perform the parak service.
On being moved by the trustees under ... |
Appeals Nos. 125 to 129 of 1957.
Appeals by special leave from the judgment and decree dated October 7, 1952, of the Bombay High Court in Second Appeals Nos.
601 to 605 of 1952.
S.T. Desai, Avadh Behari and B. P. Maheshwari, for the appellants.
A.V. Viswanatha Sastri and A. G. Ratnaparkhi, for the respondents.
March 14... | IN-Abs | The Bombay Municipal Boroughs Act, 1925, empowered a municipality to levy rates on lands and buildings which were to be assessed on the valuation based on the capital or the annual letting value.
The Act defined the annual letting value inter alia as the annual rent for which any building or land might reasonably be ex... |
il Appeals Nos.
194 of 1956 and 353 of 1958.
Appeals by special leave from the judgment and orders dated December 26, 1953 and April 30, 1957, of the Custodian General and Deputy Custodian General of Evacuee Property in Revision Nos.
5055R/Judl/ 1953 and.
1161/R/Judl/1954 respectively.
Achhru Ram and T. R. V. Sastri, f... | IN-Abs | F, the appellant, and A his brother, were partners in a business of hides and skins.
On August 10, 1949, A executed a deed of sale in respect of some immoveable properties in Orissa and Madras in favour of F. A deed of dissolution of the partnership was also executed on August 12, 1949, wherein it was inter alia stated... |
91 of 1956.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights.
section P. Sinha, Shaukat Hussain, E. Udayarathnam and section section Shukla, for the petitioners.
N. section Bindra, R. H. Dhebar and T. M. Sen, for the respondents Nos. 1 to 4. 1961.
March 22.
The Judgment of th... | IN-Abs | A Muslim died leaving some property and several heirs.
Some of the heirs became evacuees and their 4/7th share in the property was declared under section 7 of the , to be evacuee property.
There after, proceedings were taken for the separation of the interest of the evacuees, but as none of the claimants appeared, the ... |
140 and 177 to 191 of 1959.
Petitions under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
M. R. M. Abdul Karim and K. R. Choudhury, for petitioners.
K. N. Rajagopala Sastri and D. Gupta, for respondents.
513 1961.
March 22.
The Judgment of the Court was delivered by KAPUR, J.
These are ... | IN-Abs | The petitioners as partners of a registered firm were assessed to income tax for the relevant assessment years.
Thereafter they made a disclosure of their income under a "Voluntary Disclosure Scheme" regarding profits which had escaped assessment, and on reassessment of the disclosed income income tax, super tax and su... |
Appeal No. 462 of 1957.
Appeal by special leave from the judgment and decree dated April 18,1952, of the former Nagpur High Court in First Appeal No. 88 of 1942.
C.B. Agarwala and K. P. Gupta, for the appellant No. 1.
Har Dayal Hardy and N. N. Keswani, for respondent No. 1. 1961.
March 16.
The Judgment of the Court was... | IN-Abs | A Sudra Hindu died leaving two widows and an illegitimate son by a continuously and exclusively kept concubine.
The son succeeded to a moiety of the estate and the widows succeeded to the other moiety.
The widows died without leaving any daughter or daughter 's son.
The reversioners filed a suit for recovery of possess... |
Appeal No. 16 of 1952.
Appeal from the Judgment and Order dated February 6, 1951, of the High Court of Judicature at Madras (Rajamannar C. J. and Somasundaram J.) in Civil Miscellaneous Petition No. 11307 of 1950, arising out of Order dated November 10, 1950, made in C. No. 2216 A 3 49 on the file of the Regional Trans... | IN-Abs | Rule 268 of the Madras Motor Vehicles Rules, 1940, as it originally stood did not empower the Transport Authority to alter from time to time the starting places and termini for motor vehicles.
The rule was amended in 1950 so as to empower the Transport Authority to do so, and after giving notice to the appellant who wa... |
minal Appeal No. 127 of 1960.
Appeal by special leave from the judgment and order dated August 4, 1958, of the former High Court at Bombay in Criminal Revision Application No. 728 of 1958.
B. P. Maheshwari, for the appellant.
452 Vir Sen Sawhney, R. H. Dhebar and T. M. Sen, for the respondent.
March 17.
The Judgment of... | IN-Abs | The appellant, a Magistrate, was dismissed from service as a result of a departmental enquiry.
On a complaint filed by the State Government he was convicted under section 409 of the Indian Penal Code.
The point urged was that the trial Magistrate should not have taken cognizance of the offence without the previous sanc... |
32 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
V. A. Seyid Muhamad, for the petitioner.
N. section Bindra, R. H. Dhebar and T. M. Sen, for the respondents.
March 22.
The Judgment of the Court was delivered by section K. DAS, J.
This is a writ petition under art... | IN-Abs | The petitioner 's husband transferred certain property to the petitioner.
A notice under section 7, , was issued to the petitioner and to her husband and the husband was declared an evacuee and the property was declared as evacuee property by the Assistant Custodian.
An appeal to the Deputy Custodian and thereafter a r... |
307 and 308 of 1960.
Petitions under article 32 of the Constitution of India; for enforcement of Fundamental Rights.
Porus A. Mehta, J. B. Gagrat and G. Gopalakrishnan, for the petitioner.
H. J. Umrigar, R. H. Dhebar and T. M, Sen, for the respondents.
March 23.
The Judgment of the Court was delivered by section K. DAS... | IN-Abs | The petitioner who was carrying on the business of the manufacture of celluloid and plastic bangles etc.
was granted two licences dated January 18, 1960, and February 2, 1060, for the purpose of importing cellulose nitrate sheets for two licensing periods, April/September, 1950, and October/March, 1960, On getting info... |
Appeal No. 89 of 1960.
Appeal from the judgment and order dated April 12, 1957, of the Mysore High Court in Writ Petition No. 15 of 1956.
557, M. C. Setalvad, Attorney General for India, V. L. Narasimhamoorty, section N. Andley, J. section Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellants.
R. Gopalakrishna... | IN-Abs | The appellants declined to carry out the requisition by the Deputy Commissioner to submit certain returns on the ground that tinder the Indian Cotton Cess Act, 1923, which Act Se came applicable to the State of Mysore by the Part B States Laws Act, 1951, the Collector alone could assess the cess and the Deputy Commissi... |
22 of 1960.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
H.J. Umrigar and B. P. Maheshwari, for the petitioner.
A.C. Mitra, B. Das and P. K. Bose, for the respondents Nos. 1 and 2.
P. K. Mukherjee, for respondent No. 3. 1960, December 9.
The Judgment of Kapur, Gajendraga... | IN-Abs | By section 39 of the Calcutta Police Act, 1866, "The Commissioner of Police, may, at his discretion from time to time, grant licenses to the keepers of such houses or places of public resort and entertainment as aforesaid for which no licence as is specified in the Bengal Excise Act, 1909 is required upon such conditio... |
Appeal No. 327 of 1958.
Appeal from the judgment and decree dated March 6, 1956, of the Allahabad High Court in Civil Misc.
Writ Petition No. 967 of 1953.
WITH CIVIL APPEAL Nos. 363 to 369 of 1958.
Appeals from the judgments and decrees dated February 1, 1957, of the Allahabad High Court in Civil Misc.
Writ Petitions N... | IN-Abs | Clauses (c), (d) and (9) of section 3 of the U. P. , empower the State Government to make provision, by general or special order, for appointing industrial courts, for referring any industrial dispute for conciliation or adjudication in the manner provided in the order and for any incidental or supplementary matters wh... |
Appeal No. 270 of 1955.
Appeal by special leave from the judgment and decree dated March 24, 1952, of the Judicial Commissioner 's Court, Vindhya Pradesh, in First Appeal No. 16 of 1958.
Appeal by special leave from the judgment and decree dated March 24, 1952, of the Judicial Commissioner 's Court, Vindhya Pradesh, in... | IN-Abs | In a suit instituted by the respondent for the enforcement of the right of pre emption against the appellant, the trial court dismissed the suit but on appeal a decree was passed on March 24, 1952 under which upon the respondent paying the amount found payable as purchase money into court within four months, his title ... |
Appeal No. 153 of 1958.
Appeal by special leave from the judgment and order dated January 9, 1956, of the Bombay High Court in Special Civil Application No. 2258 of 1955 J. B. Dadachanji, section N. Andley, and Rameshwar Nath, for the appellant.
section P. Sinha, M. I. Khowaja and A. C. Dave, for respondent No. 1. 1961... | IN-Abs | Sub section (2A) of section 34 of the Bombay Tenancy and Agri cultural Lands Act, 1948, as amended by the Amending Act of 1952, applied from the date when the tenancy stood terminated on expiry of the notice of ejectment served on the tenant by the landlord under section 34(1) of the Act and not from the date of the no... |
Civil Appeal No. 191 of 1958.
Appeal by special leave from the judgment and decree dated February 13, 1956, of the High Court of Judicature at Calcutta in First Appeal No. 191 of 1949.
B. Sen and Sadhu Singh, for the appellant.
561 Vidyadhar Makajan and T. M. Sen, for the respondent.
March 27.
The Judgment of the Court... | IN-Abs | The appellant was the sole proprietor of a business styled section N. Dutt SE Co. He gave a notice under section 80 of the Code of Civil Procedure to the respondent in the name of "section N. Dutt & Co.".
After the requisite period he filed a suit against the respondent describing the plaintiff as: "Surendra Nath Dutt ... |
No. LXX of 1949.
Appeal from the judgment of the Allahabad High Court (Verma and Yorke JJ.) dated the 22nd April, 1943.
100 782 M.C. Setalvad, Attorney General for India (Sri Narain And ley, with him), for the appellant.
P.L. Banerjee (H. J. Urnrigal, with him), for the respondents.
November 14.
MLKHERJEA J. This is an... | IN-Abs | When there is conflict of oral evidence of the parties on any matter in issue and the decision hinges upon the credibility of the witnesses, then unless there is some special feature about the evidence of a particular witness which has escaped the trial judge 's notice or there is a sufficient balance of improbability ... |
Appeal No. 63 of 1952.
Appeal from the Judgment and Order dated 7th November, 1950, of the High Court of Judicature at Hyderabad (Siddique, Rao and Deshpande JJ.) in Civil Case No. 9 A 5 1 of 1950.
M. C. Setalvad, Attorney General for India, and C. K. Daphtary, Solicitor General for India (G. N. Joshi and Ghulam Ahmad ... | IN-Abs | The continuance of a dispute even for a long period of time between two sets of rival claimants to the property of a private person is not a circumstance of such unusual nature as Would invest a case with special or exceptional features and make it a class by itself justifying its differentiation from all other cases o... |
Appeal No. 446 of 1958.
Appeal from the judgment and order dated April 18, 1956, of the High Court of Judicature at Madras in Tax Revision Case No. 93 of 1955.
M. C. Setalvad, Attorney General of India, section Swaminathan and K. L. Mehta, for the appellants.
V. K. T. Chari, Advocate General of Madras, M. M. Ismail and... | IN-Abs | The appellant firm had its factory in the State of Madras, where it manufactured, assembled and sold motor vehicles, spare parts and accessories.
For the assessment year 1952 53, the sales tax authority computed the appellant 's taxable turnover of sales for that year excluding a sum which represented the value of vehi... |
Appeal No. 399 of 1957.
Appeal from the judgment and decree dated July 27, 1954 of the High Court of Judicature at Hyderabad in Civil Appeals Nos.
I and 2 of 1954 55.
619 section T. Desai, C. Krishna Reddi, T. Ramachandra Rao and M. section K. Sastri, for the appellants.
Sadashiv Rao, J. B. Dadachanji and section N. An... | IN-Abs | Although title to a limited interest in property can be acquired by adverse possession, no limited interest in the nature of a permanent lease can be ordinarily acquired in a jagir which must initially be presumed to enure for the life time of the grantee unless the grant itself shows otherwise.
Sankaran vs Periasami, ... |
minal Appeal No. 165 of 1960.
Appeal by special leave from the judgment and order dated December 19, 1958, of the Allahabad High Court in Criminal Appeal No. 1010 of 1956.
Jai Gopal Sethi, C. L. Sareen and R. L. Kohli, for the appellants.
O. C. Mathur and C. P. Lal, for the respondent.
March 28.
The Judgment of the Cou... | IN-Abs | The appellants one of whom was armed with hatchet and others with lathis, on being prevented by one 'H ' and his suppor ters through whose field they were committing criminal trespass with the common object to reach a public passage with two loaded carts, are alleged to have attacked 'H ' and his supporters, as 76 602 ... |
ivil Appeal No. 34 of 1958.
Appeal by special leave from the order dated July 6, 1956, of the Calcutta High Court in appeal to the section C. No. 32 of 1955.
N. C. Chatterjee and D. N. Mukherjee, for the appellants.
Syamdas Bhattacharya and section N. Mukherjee, for the respondents.
March 29.
The Judgment of the Court ... | IN-Abs | On an application made by the appellant, the Calcutta High Court granted a certificate on May 18, 1956, enabling him to appeal to the Supreme Court against the judgment and decree of the High Court.
Under 0. 45, r. 7(1)(a), of the Code of Civil Procedure, 1908, the appellant had to deposit the security amount for costs... |
82 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
519 section K. Kapur, Jai Gopal Chagnani, K. K. Jain and B. P. Maheshwari, for the petitioners.
C. K. Daphtary, Solicitor General of India, G. C. Kasliwal, Advocate General, Rajasthan and D. Gupta, ' for the respon... | IN-Abs | The petitioners who were partners of a registered firm hold ing public carrier and stage carriage permits challenged the constutionality of certain provisions of the Rajasthan Passengers and Goods Taxation Act, 1959, the Rajasthan Passengers and Goods Taxation Rules, 959, and a notification issued under r. 8.
The Act w... |
Appeal No.193 of 1958.
Appeal by special leave from the judgment and decree dated October 3, 1955, of the High Court of Judicature, Madhya Bharat, Indore, in Civil First Appeal No. 58 of 1952.
C. B. Aggarwala and Bhagwan Das Jain, for the appellant.
Radhey Lal Aggarwal and A. G. Ratnaparkhi, for respondent No. 1. 1961.... | IN-Abs | The appellant entered into a contract with the respondent for the sale of certain canvas at Re. 1 per yard under which the delivery was to be made through railway receipt for Calcutta for Kanpur.
The cost of transport from Kanpur to Calcutta and the labour charges in that connection were to be borne by the respondent a... |
No. 139 of 1957.
Petition under article 32 of the Constitution of India for enforcement of Fundamental rights.
R. V. section Mani, for the petitioner.
689 C. K. Daphtary, Solicitor General of India, B. Sen and R. H. Dhebar, for respondent No. 2. 1961.
March 30.
The Judgment of the Court was delivered by WANCHOO, J.
Thi... | IN-Abs | Six seats are allotted to the State of Jammu and Kashmir in the House of People (Lok Sabha) and election to those seats should ordinarily have been by direct election under article 81(1) of the Constitution but the President modified that Article under article 370(1) by Para.
5(c) of the Constitution (Application to Ja... |
145 and 149 to 158 of 1959.
Writ Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
Sardar Bahadur, for the petitioners.
C. K. Daphtary, Solicitor General of India, R. Ganapathy Iyer and T. M. Sen, for the respondents.
March 30.
The Judgment of the Court was delivered by WANCH... | IN-Abs | The Madras Sales of Motor Spirit Taxation Act (Mad. VI of 1939) was made applicable to the, State of Andhra Pradesh by the Madras Sales of Motor Spirit Taxation (Andhra Pradesh Extension and Amendment) Act (Andhra Pradesh V of 1958).
The purpose and object of the Act was to levy and collect tax on retail sales of motor... |
Appeal No.180 of 1959.
Appeal from the judgment and order dated June 30, 1955 of the former Nagpur High Court in Misc.
First Appeal No. 162 of 1949.
80 634 N. C. Chatterjee and B. P. Maheshwari, for the appellant.
G. C. Mathur, for the respondents.
March 29.
The Judgment of the Court was delivered by HIDAYATULLAH, J.
T... | IN-Abs | In 1922, the Municipal Committee, Khandwa imposed a tax on the trade of ginning and pressing cotton by means of steam or mechanical process.
Certain suits were filed challenging the validity of the tax and ultimately in 1937, the Privy Council held that the tax had not been validly imposed.
In 1941, the Governor enacte... |
Appeals Nos. 25 and 26 of 1958.
Appeals from the judgments and orders dated August 7, 1956, of the Allahabad High Court in Special Appeals Nos. 151 and 152 of 1955.
C. B. Agarwala, A. N. Goyal and Mohan Lal Agarwala, for the appellant.
Gopi Nath Dikshit and C. P. Lal, for the respondents.
March 30.
The Judgment of the ... | IN-Abs | Certain lands belonging to the appellant were compulsorily acquired.
The Collector made an award with respect to the amount of compensation, signed and filed it in his office as required by section 12(1) Land Acquisition Act on March 19, 1950.
But no notice of the award, as required by section 12(2), was given to the a... |
l Appeal No. 173 of 1951.
Appeal from the Judgment and Decree dated February 22, 1949, of the High Court of Judicature at Calcutta (Blank and Lahiri JJ.) in Appeal from Original Decree No. 23 of 1944 &rising out of Judgment and Decree dated August 25, 1943, of the Court of the Subordinate Judge, Zilla Midna pore, in Ti... | IN-Abs | Under the Bengal Land Revenue Sales Act (XI of 1859) if this Collector proposes to sell the entire estate where there art separate accounts for the several shares which constitute the estate, he has first to close the separate account or accounts or merge them into one demand and then he has to issue a notification for... |
minal Appeal No. 156 of 1960.
Appeal by special leave from the judgment and order dated August 1, 1958, of the Rajasthan High Court, at Jodhpur in Criminal Appeal Nos. 98 and 155 of 1957 and Criminal Revision No. 116 of 1957.
Jai Gopal Sethi, C. L. Sareen and R. L. Kohli, for the appellant.
H. J. Umrigar, H. R. Khanna,... | IN-Abs | In a verification proceeding held by him the Magistrate.
prepared a memorandum recording his own observations as also the statements made to him by a prosecution witness but not in the manner prescribed by section 164 Of the Code of Criminal Procedure.
He proved the memorandum in court and gave his evidence.
It was con... |
iminal Appeal No. 37 of 1960.
Appeal by special leave from the judgment and order dated the April 7, 1958, of the Punjab High Court (Circuit bench) at Delhi in Criminal Writ No. 57 D of 1957.
M. C. Setalvad, Attorney General of India, B. Sen and T. M. Sen, for the appellants.
H. L. Anand and Janardan Sharma, for respon... | IN-Abs | An order had been made under section 3(2)(C) Of the , directing that the respondent, "a Pakistan national 745 shall not remain in India after the expiry of three days".
The respondent moved the High Court of Punjab under article 226 of the Constitution to quash the order contending that he was not a Pakistan national.
... |
ons Nos. 93 and 125 of 1959.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Rights.
V. M. Limaye, E. Udayarathnam and section section Shukla, for the petitioners.
734 H.N. Sanyal, Additional Solicitor General of India, R. Ganapathy Iyer and D. Gupta, for the respondent.
W. sectio... | IN-Abs | The petitioners challenged the constitutional validity of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, which extended the provisions of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, to Vidarbha and Kutch.
That Act was declared valid by this Court in Sri Ram Na... |
Appeal No. 388 of 1956.
Appeal by special leave from the judgment and order dated the August 19, 1955, of the Bombay High Court in Appeal No. 53 of 1955.
755 C. K. Dhaphtary, Solicitor General of India, K. B. Choudhuri and B. H. Dhebar, for the appellant.
N. section Bindra and R. section Narula, for respondent No. 1.
B... | IN-Abs | Under a licence granted for the import of fountain pens at not less than Rs. 25 C.I.F. value, the respondent imported Sheaffer pens from Australia, which had nibs which were gold plated and also caps and clips of similar composition.
The imported goods were assessed to duty by the customs authorities under item 61(8) o... |
Appeal No. 157 of 1959.
Appeal from the judgment and decree dated January 5, 1956, of the Allahabad High Court in Special Appeal No. 205 of 1954 and Civil Appeal No. 158 of 1959.
Appeal by special leave from the judgment and order dated January 15, 1952, of the Labour Appellate Tribunal of India, Allahabad, in Appeal N... | IN-Abs | Under sections 3 and 8 of the U. P. the Governor issued an Order dated March 10, 1948, making dletailed provisions for the settlement of Industrial Disputes.
Clause 5(a) of the Government Order empowered, among others, a recognised association of employers to refer an industrial dispute for adjudication to the Concilia... |
minal Appeal No. 192 of 1959.
Appeal by special leave from the judgment and order dated October 27, 1958, of the Andhra Pradesh High Court at Hyderabad in Criminal Revision Case No. 395 of 1958.
M. C. Setalvad, Attorney General of India, T. V. R. Tatachari and T. M. Sen, for the appellant.
R. Thiagarajan for N. section... | IN-Abs | The respondent was born in India in 1924 and had lived there all along till about the end of 1954.
He had been paying rent for his shop in India for ten years upto about 1958 and his family was and had always been in India.
At the end of 1954 or the beginning of 1955 lie went to Pakistan from where he returned on Janua... |
ons Nos. 66 and 67 of 1956, 8 of 1960, 77 of 1957, 15 of 1957 and 5 of 1958.
Writ Petitions under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
Naunit Lal, for the petitioner in W. Ps.
Nos. 66 and 67 of 1956.
C. P. Lal, for respondent No. 1 in W. Ps.
Nos. 66 and 67 of 1956.
Bhawani ... | IN-Abs | Where the High Court dismisses a writ petition under article 226 of the Constitution after hearing the matter on the merits on the ground that no fundamental right was proved or contravened or that its contravention was constitutionally justified, a subsequent petition to the Supreme Court under article 32 of the Const... |
Appeal No. 12 of 1958.
Appeal by special leave from the judgment and order dated April 6,1953, of the Madras High Court in Appeal against order No. 54 of 1949.
section T. Desai and K. R. Choudhri, for the appellant.
K. N. Rajagopala Sastri and T. V. B. Tatachari, for respondents Nos.
I to 5.
April 5.
The Judgment of th... | IN-Abs | The questions for determination in the appeal were whether the award in question was invalid, (1) by reason of the court failing to comply with the mandatory requirement of section 23(l) Of the , that the time within which the award is to be made, must be specified in the order, and (2) whether the arbitrator was in er... |
il Appeals Nos.
273 to 277 of 1960.
Appeals by special leave granted by the Supreme Court by its order dated December 15, 1958, from the judgment and order dated February 4, 1957, of the High Court of Orissa in O. J. C. Nos.
184 to 188 of 1955.
H. N. Sanyal, Additional Solicitor General of India and B. P. Maheshwari, f... | IN-Abs | The appellants who were registered as dealers under the Orissa Sales Tax Act, 1947, used to collect sales tax from the purchasers on all sales effected by them including sales to dealers in other states.
They were assessed to and paid tax on their turnover which included sales outside the State of Orissa, but after the... |
No. 96 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
750 section Shaukat Hussain and P. C. Aggarwala, for the petitioners N. section Bindra, R. H. Dhebar and T. M. Sen, for the respondents.
April 4.
The Judgment of the Court was delivered by SARKAR, J.
This is a ... | IN-Abs | The Custodian of evacuee properties made a declaration that two houses were evacuee properties.
Notice under section 7 of the , which initiated the proceedings resulting in the declaration had been served on two persons as owners.
These persons did not appear and contest the proceedings.
The petitioners claimed to be e... |
vil Appeal No. 139 of 1951.
Appeal from the Judgment and Decree dated February 10, 1960, of the High Court of I Judicature at Calcutta (Harries C.J. and Sarkar J.) in Appeal from Original Order No. 95 of 1945, arising out of Judgment and, Order dated January 30, 1945, of the Court of Subordinate Judge at Asansol of Zil... | IN-Abs | A decree passed by the Calcutta High Court on its Original Side in 1923, was transferred by that Court for execution to the Court of the Subordinate Judge of Asansol in 1931 with a certified of the decree, copy of, the order of transmission and certificate of partial satisfaction.
The decree holder applied for executio... |
Appeal No. 501 of 1957.
Appeal by special leave from the judgment and order dated September 13, 1954, of the Bombay High Court in Income tax Reference No. 13 of 1954.
K. N. Rajagopala Sastri and D. Gupta, for the appellant.
A. V. Viswanatha Sastri and P. L. Vohra, for the respondent.
April 6.
The Judgment of section K.... | IN-Abs | By section 66 (1) of the Indian Income tax Act, 1922 "the assessee or the Commissioner may, by application in the prescribed form . require the Appellate Tribunal to refer to the High Court any question of law arising out of such order and the Appellate Tribunal shall . draw up a statement of the case and refer it to 7... |
ivil Appeal No.18 of 1961.
Appeal by special leave from the judgment and order dated January 23, 1960, of the Madhya Pradesh High Court at Indore in Second Appeal No. 473 of 1959.
Z. F. Bootwala, E. Udayarathanam and section section Shukla, for the appellants.
M. C. Setalvad, Attorney General of India, B. Sen and T. M.... | IN-Abs | The only question that a civil court is precluded from determining under section 9(2) of the , read with r. 30 Of the Rules framed under the Act is the question as to whether, when or how any person has acquired the citizenship of another country.
They are not prevented from determining other questions concerning the n... |
minal Appeal No. 129 of 1960.
Appeal by special leave from the judgment and order dated March 9, 1960, of the Allahabad High Court in Criminal Revision No. 697 of 1959.
Naunit Lal, for the appellant.
G. C. Mathur and C. P. Lal, for the respondent.
April 5.
The Judgment of the Court was delivered by SARKAR, J.
The appel... | IN-Abs | The appellant was born in India before the partition.
He left for Pakistan and returned to India in 1953 on a Pakistani passport and Indian visa.
He did not return to Pakistan before the expiry of the period for which he was permitted to stay in India under the visa.
He was convicted for a breach of paragraph 7 Of the ... |
No. 60 of 1958.
Writ Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
H. J. Umrigar and A. G. Ratnaparkhi, for the appellant.
section K. Kapoor and P. Gupta, for the respondents.
April 5.
The Judgment of the Court was delivered by SARKAR, J.
The petitioners were born in Indi... | IN-Abs | The petitioners were granted certificates of registration as Indian Citizens under section 5(1)(a) of the Citizenship Act, 955, by the Collector of Nagaur.
Later the Collector passed orders canceling the certificates.
The power to cancel was based on 773 section 10 (2)(a) Of the , and section 21 Of the .
Held, that sec... |
No. 120 of 1959.
Writ Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
Bhagirath Das and, B. P. Maheshwari, for the petitioner.
N. section Bindra and D. Gupta, for the respondent.
April 7.
The Judgment of the Court was delivered by 824 SARKAR, J.
The petitioner is a dealer r... | IN-Abs | Under the Punjab General Sales Tax Act, 1948, a dealer had to furnish his return every quarter according to the Rules and was also required to furnish evidence in support of the return if called for, and if he failed to do so the assessing authority could proceed to make an assessment to the best of his judgment, but t... |
Appeal No. 209 of 1959.
Appeal from the judgment and order dated October 5, 1956, of the Patna High Court in Miscellaneous Appeal No. 367 of 1953.
L. K. Jha and R. C. Prasad, for the Appellant.
M. C. Setalvad, Attorney General for India, N. De and P. K. Mukherjee, for the respondents.
April 7.
The Judgment of the Court... | IN-Abs | A dispute between the respondent company and the Government of Bihar over the bills for the amount payable to tile company in respect of the construction works carried out by it for the Government was referred to arbitration.
The agreement to refer to arbitration was executed on behalf of the Governor by L, an executiv... |
No. 65 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
B. D. Sharma, for the petitioners.
H. N. Sanyal, Additional Solicitor General of India, B. Ganapathy Iyer and P. M. Sen, for the respondents.
April 10.
The Judgment of the Court was delivered by DAS GUPTA, J.
T... | IN-Abs | The appellants were importers and users of glass chatons the import of which was prohibited except under a licence granted by the licensing authorities under the Import and Export Control Act, 1947, and the Imports (Control) Order, 1955.
The import was totally prohibited for some time but afterwards it was permitted un... |
No. 164 01 1958.
Writ Petition under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
N. C. Chatterjee and Naunit Lal, for the petitioners.
N. section Bindra and D. Gupta, for the respondent.
April 10.
The Judgment of the Court was delivered by AYYANGAR, J.
The constitutional validity ... | IN-Abs | Section 7 of the Punjab Shops and Commercial Establishments Act, 1958, provided that no person shall be employed about the business of an establishment for more than forty eight hours in any week and nine hours in any one day.
Under section 9 of the Act no establishment shall save otherwise provided by the Act,open ear... |
Appeal No. 90 of 1956.
Appeal by special leave from the judgment and decree dated August 5, 1953, of the Bombay High Court in Appeal from the Appellate Decree No. 915 of 1951.
M. section K. Sastri, for the appellant.
A. G. Ratnaparkhi, for respondent No. 1. 1961.
April 12.
The Judgment of the Court was delivered by RAG... | IN-Abs | The land in suit was Khoti land land section 9 of the Khoti Settlement Act, 1880, prior to its amendment prohibited the. transfer of the occupancy right without the consent of the Khot.
Section 31 of the Bombay Tenancy Act, 1939, which came into force from April 1946, amended section 9 of the Khoti Settlement Act by wh... |
Civil Appeal No. 282 of 1955.
Appeal by special leave from the judgment and order dated March 20, 1953, of the Bombay High Court in Income tax Reference No. 31 of 1951.
A. V. Viswanatha Sastri and I. N. Shroff, for the appellants.
K. N. Rajagopal Sastri and D. Gupta, for the respondent.
April 12.
The Judgment of the Co... | IN-Abs | The assessee company was promoted with the idea of obtaining the Managing Agency of the Appollo Mills from M/s. Sassoon total of 25 lakhs shares of RS.
2 each.
According to the agreement the assessee company bad to take the whole of the block of shares belonging to the Sassoons and pay at Rs. 4 4 0 per share Rs. 12 1/2... |
Appeal No. 294 of 1955.
Appeal by special leave from the Judgment and Order dated the 7th September, 1955, of the Nagpur High Court, in Civil Revision No. 833 of 1954.
B.B. Tawakley, (K. P. Gupta, with him for the appellant.
R. section Dabir and R. A. Govind, for respondent No. 1. 1955.
December 2.
The Judgment of the ... | IN-Abs | The appellant was a candidate for the office of President of the Municipal Committee, Damoh.
The nomination was made in an old form under the old rules which required a candidate to enter his caste.
Under the new rules this was changed and occupation had to be stated instead, which none except the respondent No. I had ... |
Appeal No. 2 of 1958.
Appeal by special leave from the judgment and decree dated December 18, 1953, of the Madras High Court in Second Appeal No. 24 of 1949.
K. Bhimasankaram and T. V. R. Tatachari, for the appellant.
K. R. Choudhri, for respondents Nos. 1 and 2. 1961.
April 10.
The Judgment of the Court was delivered ... | IN-Abs | The respondents 1 and 2 constructed a bund on their own land and dug trenches with a view to protect their lands from being inundated by the flood waters of the Vakada drain; as a result of that, the flood water flowing from appellant 's field in the Northerly direction could not find an outlet and stagnated on his lan... |
Appeals Nos. 448 and 449 of 1959.
Appeals by special leave from the judgment and order dated February 12, 1958, of the Patna High Court in Misc.
Judicial Cases Nos. 679 and 680 of 1955.
A. V. Viswanatha Sastri and Naunit Lal, for the appellant (In both the appeals).
A. N. Kripal and D. Gupta, for the Respondent (In bot... | IN-Abs | The assessee entered into a contract for working certain collieries.
As he did not have the requisite funds, he entered into an agreement with M whereunder M was to advance a sum upto Rs. 11/2 lacs, but could withdraw the money at any time and stop further advances and was not liable for any losses; the assessee was to... |
Appeal No.84 of 1960.
888 Appeal from the judgment and decree dated July 26, 1956.
of the Bombay, High Court in Appeal No. he 138 of 1956.
The appellant in person.
B. R. L. Ayengar and D. Gupta, for the respondent.
April 12.
The Judgment of the Court was delivered by SINHA, C. J.
The main question for decision in this ... | IN-Abs | The appellant, who held the rank of a Mamllatdar in the first grade and was officiating as District Deputy Collector, was alleged to have wrongly charged travelling allowance for 59 miles instead of 51 and was, as the result of a departmental enquiry, reverted to his substantive rank for three years and 887 directed to... |
Appeal No. 135 of 1961.
Appeal by special leave from the judgment and order dated January 3, 1961, of the Rajasthan High Court, Jodhpur, in Civil Writ Petition No. 1 of 1961.
M. K. Nambiar, R. K. Garg, D. P. Singh, M. K. Ramamurthi and section C. Agarwala, for the appellant petitioner.
H. N. Sanyal, Additional Solicito... | IN-Abs | By section 68 D(2) of the , "The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State Transport Undertaking to be heard in the matter, it they so desire, approve or modify the scheme".
The appellant 's objectio... |
No. 71 of 1958.
23 Writ Petition under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
section K. Venkataranga Ayengar and section J. section Fernandez, for the petitioner.
B. R. L. Iyengar, for respondent No. 1.
R. Gopalakrishnan and T. M. Sen, for the respondent No. 2. 1961.
April 1... | IN-Abs | Section 30(3)(a) of the Mysore House Rent and Accommodation Control Act, 1951, authorised the Controller to select any Government, local authority, public institution, officer of a government, local authority or public institution or any other person as a tenant of a vacant house.
Under the Act the owner was bound to l... |
Appeal No.110 of 1961.
Appeal by special leave from the judgment and order dated October 14, 1960, of the Allahabad High Court in First Appeal from Order No. 41 of 1959.
C. B. Agarwala, Rameshwar Nath, section N. Andley, J. B. Dadachanj and P. L. Vohra, for the appellant.
K. B. Choudhuri, A. K. Kirty and Ratna Rao, for... | IN-Abs | The John Mills comprising of three textile mills and one flour mill were jointly owned by several persons.
The financier of the Mills filed a suit for recovery of the amount due to him.
During the pendency of the suit a receiver was appointed to take possession of the flour mills but he was not empowered to run the mil... |
riminal Appeal No. 74 of 1960.
Appeal by special leave from the judgment and order dated August 8, 1957, of the Bombay High 897 Court at Rajkot in Criminal Revision Application No. 10 of 1956.
B. K. Khanna and T. M. Sen, for the appellant.
Rameshwar Nath, section N. Andley and P. L. Vohra, for the respondent.
April 12.... | IN-Abs | The respondent imported goods of higher value than what was granted under his licence.
The Collector of Customs ordered the goods to be confiscated under section 167(8) of the and in lieu of confiscation gave an option to the respondent to a fine.
On appeal the Central Board of Revenue set aside the order of the Collec... |
109 of 1961.
Writ Petition under article 32 of the Constitution of India for enforcement of the Fundamental Rights.
M. O. Setalvad, Attorney General of India, B. R. L. Iyengar and K. P. Bhat, for the petitioner.
A. V. Viswanatha Sastri, R. Gopalakrishnan and T. M. Sen, for the respondents.
April 12.
The Judgment of the... | IN-Abs | After a scheme 'Was published by the Mysore Transport Undertaking under section 68 C of the , and approved by the State Government the State Transport Undertaking made applications for permits under section 68 F(1) of the Act to the Regional Transport Authority but before the permits were granted the second respondent ... |
305/1960.
Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights.
Petitioner in person.
H. N. Sanyal, Additional Solicitor General of India pond R. H. Dhebar, for the respondents, 441 1961.
January 12.
The Judgment of the Court was delivered by SUBBA RAO, J.
This is a; petition und... | IN-Abs | The petitioner was convicted in 1949 and sentenced to trans portation for life.
He earned remission of 2963 days and adding this to the term of imprisonment actually served by the petitioner the aggregate exceeded 20 years.
The petitioner contended that his further detention in jail was illegal and prayed for being set... |
minal Appeal No. 168 of 1959.
Appeal by special leave from the judgment and order dated September 10, 1958, of the Patna High Court in Criminal Appeal No. 580 of 1953.
B. B. Tawakley and R. C. Prasad, for the appellant.
A. K. Dutt and section P. Varma, for the respondent.
April 18.
The Judgment of the Court was deliver... | IN-Abs | The appellant accepted a sum of Rs. 10,000 from a con tractor.
He was chalanned before a Magistrate at Dhanbad; but on an application by the appellant the High Court trans ferred the case to the Munsif Magistrate, Patna.
Subsequently, the Criminal Law Amendment Act, 1952, came into force which made every offence under ... |
Appeal No. 3 of 1951.
, Appeal from the Judgment and Order dated March 11, 1949, of the High Court of Judicature at Madras (Satyanarayana Rao and Viswanatha Sastri JJ.) in Original Side Appeal No. 3 of 1947, &rising out of the Judgment and Order dated November 15, 1946, of Clark J. and made in the exercise of the Ordin... | IN-Abs | A private limited company of which G and S were the only two members owned 5,000 shares in a Mill.
The company did not pay the calls and the 5,000 shares held by them were forfeited on the 5th September, 1941, and re allotted to other persons on the 16th November.
Notice of the forfeiture was sent to the company on the... |
No. 108 of 1961.
Writ Petition under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
2 M. C. Setalvad, Attorney General of India, Rameshwar Nath, section N. Andley and P. L. Vohra, for the petitioner.
C. K. Daphtary, Solicitor General of India, K. L. Misra, Advocate General, U.P., K. ... | IN-Abs | In exercise of the power conferred by section 3A(2) of the U.P. Sales Tax Act, 1948, which enabled the State Government, by notification, to fix the rate of the tax to be levied on the sales of goods specified in the section not exceeding nine pies per rupee, the Government issued at notification dated June 8, 1948 imp... |
Appeal No. 419 of 1957.
Appeal by certificate from the judgment and decree dated January 16, 1953, of the Madras High Court in A. section No. 164 of 1949.
M. section K. Sastri, for the appellants.
Ravindra Narain, for the respondents.
April 14.
The Judgment of the Court was delivered by SUBBA RAO, J.
This appeal by cer... | IN-Abs | A bus run by the appellant met with an accident as a result of which R died.
R 's dependents and heirs e.g. the father, widow and sons, brought a suit for compensation under section 1 of the , for loss of pecuniary benefit sustained by them personally and under section 2 thereof for the loss sustained by the estate on ... |
102 of 1958.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
M. K. Nambiar, and section N. Andley, for the petitioners.
H. N. Sanyal, Additional Solicitor General of India, M. P. Balagavgadhar Menon and Sardar Bahadur, for the respondents.
April 14.
The Judgment of the Cour... | IN-Abs | The petitioners, representing certain tile factories, challenged the validity of the , as also the notification issued by the Kerala Government prescribing minimum rates of wages in respect of employment in the tile industry on the report of a committee constituted under the Act and consisting of the representatives bo... |
iminal Appeal No. 119 of 1960.
Appeal by special leave from the judgment and order dated April 14, 1960, of the Madras High Court in Cr.
Petition No. 246 of 1960, D. N. Mukherjee, for the appellant.
M. section K. Sastri and T. M. Sen, for respondent.
April 19.
The Judgment of the Court was delivered by RAGHUBAR DAYAL,,... | IN-Abs | The appellant was committed to the Court of Session at Madras for trial under section 120 B read with section 420 of the Indian Penal Code and for committing the offence of forgery in pursuance of that conspiracy.
The Criminal conspiracy was alleged to have been committed at Calcutta, while the other offences in 117 pu... |
Appeal No. 147 of 1958.
Appeal from the judgment and decree dated January 4, 1955, of the Allahabad High Court in Special Appeal No. 36 of 1955.
A. V. Viswanatha Sastri, C. P. Lal and G. C. Mathur, for the appellants.
K. B. Bagchi, section N. Mukherjee for P. K. Bose, for the respondent No. 1. 1961.
April 18.
The Judgm... | IN-Abs | One P died in 1874 leaving considerable property.
He also left a will which provided for several contingencies; the first respondent was given an interest under each contingency which was enlarged from contingency to contingency.
Under the last contingency which happened the entire property was given to the heirs with ... |
iminal Appeal No. 7 of 1957.
38 Appeal from the judgment and order dated July 12, 1956, of the Calcutta High Court in Criminal Revision No. 270 of 1956.
section C. Mazumdar, for the appellants.
B. Sen, D. N. Mukherjee and P. K. Bose, for the respondent.
April 18.
The Judgment of Sinha C. J., section K. Das, K. C. Das G... | IN-Abs | The appellants one of whom was the owner and the other the manager of a colliery were convicted for contravening the provisions of the Mines Creche Rules, 1946, under which the owner of every mine employing women was required to construct creches for the use of the women employees and also to appoint a "Creche in charg... |
iminal Appeal No. 51 of 1959.
Appeal by special leave from the judgment and order dated May 16, 1958, of the Calcutta High Court in Criminal Appeal No. 2 of 1958.
A. section B. Chari, K. C. Jain and B. P. Maheshwari, for the appellant.
N. C. Chatterjee, H. R. Khanna and D. Gupta, for respondent.
April 19.
The Judgment ... | IN-Abs | The appellant was convicted by the Court of Session, High Court, Calcutta, of offences under section 120B read with section 471 and section 471 read with section 466 of the Indian Penal Code in respect of an import licence.
His appeal against the order of conviction and sentence passed by the trial judge was summarily ... |
No. 24 of 1960.
Petition under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
C. B. Aggarwala and K. P. Gupta, for the petitioners.
N. section Bindra and D. Gupta, for respondents Nos. 1, 2 and 4.
K. L. Mehta and K. L. Hathi, for respondent No. 3. 1961.
April 19.
The Judgment of the ... | IN-Abs | One Ramjidas built a dharmasala, a temple and shops appurtenant thereto with the joint family funds on Government land with the permission of the Government.
After his death the other members who were in management and possession of those properties were dispossessed by the State, its officers and the local Municipalit... |
Appeal No. 461 of 1957.
Appeal by special leave from the judgment and decree dated July 5, 1954.
of the Punjab High Court in L. P. A. No. 29 of 1953.
N. section Bindra and Sardar Singh, for the appellant.
P. D. Ahuja and H. P. Wanchoo, for respondent No. 1.
471 1961.
March 21.
The Judgment of the Court was delivered by... | IN-Abs | M, a Hindu belonging to the Brahmin community in the Amritsar District of Punjab, instituted a suit for the possession of a half share in the property left by his natural paternal grandfather.
His father had predeceased him, but another son of his grandfather was alive.
He had been adopted away in a different family bu... |
No. 85 of 1959.
Writ Petition under article 32 of the Constitution of India for the enforcement of fundamental rights.
A. V. Viswanatha Sastri, R. section Pathak, section N. Andley, Rameshwar Nath and P. L. Vohra, for the petitioner.
K. N. Rajagopala Sastri and D. Gupta, for respondents Nos. 1 and 2. 1961.
April 14.
Th... | IN-Abs | In 1948 the Central Government referred a number of cases in which the petitioner was concerned, to the Income tax Inves tigation Commission set up under the relevant provisions of the Taxation on Income (Investigation Commission) Act, 1947.
After the Commission had submitted the report under section 8 A(1) of the Act,... |
Appeal No. 172 of 1952.
Appeal by special leave from the Judgment and Decree dated January 25, 1952, of the High Court of Judicature at Bombay (Chagla C.J.) in Revision Application No. 1119 of 1951 from the Judgment and Decree dated August 10, 1951, of the Court of Small Causes at Bombay in Appeal No. 355 of 1950, aris... | IN-Abs | Where a lease of a flat situated within the City of Bombay contained a term that the tenant shall not assign, sub let or re let the premises, without the previous consent of the landlord and the tenant, in contravention of this term sub let the flat, and the landlord instituted a suit against him and the sub tenant in ... |
Appeals Nos. 237 and 238 of 1960.
Appeals by special leave from the judgment and order dated July 8, 1958, of the Patna High Court, in Misc.
Cases Nos. 713 and 819 of 1958.
A. V. Viswanatha Sastri, section R. Banerjee and section C. Mazumdar, for the appellants.
section P. Varma, for the respondents.
April 19.
The judg... | IN-Abs | On December 19, 1953, the appellant, a company registered in West Germany, entered into a contract with a company in India to set up a complete coke oven battery ready for production as well as by products plants at Sindri in the State of Bihar, agreeing to erect and construct buildings, plants and machinery and delive... |
Appeal No. 340 of 1958.
Appeal by special leave from the Judgment and Order dated July 3, 1953, of the Punjab High Court in Civil Writ Application No. 256 of 1952.
Jwala Parshad Chopra and J. K. Hiranandani, for the appellants.
Nanak Chand, R. H. Dhebar and T. M. Sen, for respondents Nos. 1 to 3. 1961.
April 21.
DAYAL,... | IN-Abs | The wajib ul arz of village Buland, teshil and district Rohtak, provided as follows: "No non proprietor can settle in the village or build a house without the consent of the owner of the estate.
Whenever anybody settles, he obtains land or house from the proprietor of the same and he can live there so long as he please... |
Appeal No. 454 of 1957.
Appeal from the judgment and order dated December 16, 1954, of the Court of Judicial Commissioner, Ajmer in Civil Appeal No. 134 of 1952.
A. V. Viswanatha Sastri, section N. Andley, Rameshwar Nath and P. L. Vohra, for the appellants.
G. C. Kasliwal, Advocate General, Rajasthan, section K. Kapur ... | IN-Abs | The Government filed a suit on the basis of a security bond executed by a Government Treasurer and certain sureties who joined in the execution of the bond.
The contention in defence, inter alia, was that article 149 Of the Indian Limitation Act prescribing a 60 years period of limitation for suits by the Government wa... |
Appeal No. 49 of 1961.
Appeal by special leave from the judgment and order dated August 11, 1960, of the Bombay High Court in Civil Revision Application No. 320 of 1959.
M.C. Setalvad, Attorney General for India, Ramesh.
war Nath, section N. Andley and P. L. Vohra, for the appellants.
C.K. Daphtary, Solicitor General o... | IN-Abs | On the expiry of the appellant 's tenancy for the occupation of the premises indispute, the respondent who was the landlord filed a suit for possession of the premises.
Meanwhile under section 6 of the Bombay Rents, Hotel and Lodging House Rates Control , a notification was issued applying Part 11 of the Act to the are... |
os. 67, 87 and 130 of 1959.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Rights.
R. section Narula and section section Chadha, for the petitioners.
M. C. Setalvad, Attorney General of India, B. Sen and T. M. Sen, for Respondents Nos. 1, 2 and 5 (In 128 petition No. 83 of 1959) ... | IN-Abs | The petitioner after a prolonged litigation and having ful filled all the conditions of the Delhi Rent Control Act, obtained decrees of ejectment against the tenants.
126 In the meantime the Slum Areas (Improvement and Clearance) Act, 956, came into force and the petitioner in accordance with section s.9 of the said Sl... |
Appeal No. 41 of 1960.
38 294 Appeal from the judgment and decree dated April 28,1958, of the Patna High Court in appeal from Original Decree No. 70 of 1953.
L. K. Jha, A. K. Jha, section section Shukla, E. Udayarathnam and K. K. Sinha, for the appellant.
Lal Narayan Sinha, Bajrang Sahay and section P. Varma, for the r... | IN-Abs | In 1946 the appellant was granted a right to cut and remove bamboos and certain other timber to be found in a specific area of the forest Village of Jun by certain persons known as Manjhis who held under a mokarari lease granted by the Raja of Ranka and whose names had been entered in the revenue records.
Meanwhile, th... |
Appeal No. 671 of 1957.
Appeal from the judgment and order dated February 5, 1954, of the Madras High Court in Writ Appeal No. 28 of 1953.
Sachin Chaudhuri, N. A. Palkhiwala, J. B. Dadachanji, section N. Andley and P. L. Vohra, for the appellant.
B.K. Gopalakrishnamachar and T. M. Sen, for the respondent No. 1.
A. V. V... | IN-Abs | One C had obtained a lease of a cinema house which was to expire in May 1942.
In the meantime litigation ensued between the owners of the cinema house, and the High Court appointed receivers to administer the property.
In 1940 one I offered to take a lease of the cinema house for 21 years.
The High Court offered C the ... |
minal Appeal No. 177 of 1959.
Appeal by special leave from the judgment and order dated May 23, 1958, of the Punjab High Court in Criminal Appeal No. 515 of 1957.
Jai Gopal Sethi and R. L. Kohli, for the appellant.
B. K. Khanaa, R. H. Debhar and D. Gupta, for the respondent.
April 24.
The Judgment of the Court was deli... | IN-Abs | B was married to the appellant in October, 1951, but their relations got strained by 1953.
She was ill treated and her health deteriorated due to maltreatment and under nourish ment.
In 1956 she was deliberately starved and not allowed to leave the house in which they were living and only sometimes a morsel or so used ... |
minal Appeal No. 226 of 1959.
Appeal by special leave from the judgment and order dated September 23, 1958, of the Patna High Court in Criminal Appeal No. 87 of 1957.
H. J. Umrigar, P. Rana and M. K. Ramamurai, for the appellant.
243 H. R. Khanna and T. M. Sen, for the respondent.
April 24.
The Judgment of the Court wa... | IN-Abs | The appellant applied to the Patna University for permission to appear at the 1954 M. A. Examination in English as a private candidate representing that he was a graduate having obtained his B. A. Degree in 1951 and that he had been teaching in a certain school.
Believing his statements the University authorities gave ... |
Appeals Nos. 170 to 172 of 1959.
Appeals by special leave from the decision dated August 20, 1953/September 3, 1953, and August 30, 36 278 1954, of the Board of Revenue, Bihar at Patna in Reference Cases Nos. 461 and 462 of 1952 and 430 of 4954, respectively.
Veda Vyas and B. P. Maheshwari, for the appellant.
R. C. Pra... | IN-Abs | The appellant firm was assessed to sales tax under the pro visions of the Bihar Sales Tax, 1944, for three periods commencing from October 1, 1947, and ending on March 31, 1050.
Its claim for certain deductions was disallowed, and its applications in revision under section 24 Of the Act to the Board of Revenue, Bihar, ... |
ON: Cases Nos. 11 and 12 of 1950.
Appeals under article 132 (1) of the Constitution of India from the Judgment and Order dated April 5, 1950, of the High Court of Judicature for the State of Punjab at Simla (Khosla J.) in Criminal Revision Nos, 1144 and 1147 of 1949.
Achhru Ram (Gopal Singh, with him) for the appellant... | IN-Abs | Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, which was passed by the Indian Legislature in 1946 empowered the Central Government by notified order to provide for regulating and prohibiting the production, supply and distribution of any essential commodity and trade and commerce therein; section 4 o... |
Appeal No. 167 of 1960.
Appeal from the judgment and order dated July 16, 1956 of the Assam High Court at Gauhati in Civil Rule No. 128 of 1954.
A. V. Viswanatha Sastri and Naunit Lal, for the appellant.
The Respondents did not appear.
April 14.
The Judgment of the Court was delivered by HIDAYATULLAH, J.
This appeal ha... | IN-Abs | Section 15 of the Assam Sales Tax Act, 1947, as originally enacted, provided that in calculating the net turnover of a registered dealer for tax purposes, all sales made to another registered dealer of goods specified in the latter 's certificate of registration were to be excluded from the gross turnover, if the goods... |
No. 84 of 1958.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights, G. C. Mathur, for the petitioners.
C. K. Daphtary, Solicitor General of India, B. Sen, R. H. Dhebar and T. M. Sen, for the respondent.
April 20.
The Judgment of the Court was delivered by GAJENDRAGADKAR, J.
Thi... | IN-Abs | Item 5 of entry 4(1) of the First Schedule to the Central Excise and Salt Act, 1944, imposes an excise duty of Rs. 1 10 nP. per kilogram on tobacco other than flue cured and not actually used for the manufacture of cigarettes, smoking mixtures for pipes and cigarettes or birds in the whole leaf form.
Item 6 imposes a d... |
Appeal No. 456 of 1958.
Appeal by special leave from the judgment and order dated May 10, 1957, of the Rajasthan High Court (Jaipur Bench) at Jaipur in D. B. Civil Reference No. 17 of 1956.
WITH PETITION No. 87 of 1961.
Petition under article 32 of the Constitution of India for enforcement of Fundamental rights.
Bishan... | IN-Abs | The appellant was held to be an evacuee under section 2(d)(iii) of the Administration of Evacuee Property Ordinance, 1949, and his property was declared to be evacuee property under section 22 (b) of the Administration of Evacuee Property Act, 950, on the ground that he had transferred a substantial portion of his asse... |
Appeal No. 3 of 1958.
Appeal from the judgment and decree dated October 8, 1956, of the Rajasthan High Court in Civil Regular Appeal No. 1 of 1953.
section T. Desai and B. P. Maheshwari, for the appellants.
N. C. Chatterjee and H. P. Wanchoo, for the respondent.
April 25.
The Judgment of the Court was delivered by SINH... | IN-Abs | The respondent admitted the execution of two Hundis in suit which were tendered and marked as exhibits but denied consideration and raised the plea that the hundis exhibited were inadmissible in evidence as at the time the suit was filed in 1949 they had not been stamped according to the Stamp Law.
When the hundis were... |
Appeal No. 20 of 1961.
Appeal by special leave from the judgment and order dated March 25, 1960, of the Patna High Court in Election Appeal No. 4 of 1959.
N. C. Chatterjee, D. P. Singh, M. K. Ramamurthy, R. K. Garg and section C. Agarwal, for the appellant.
D. Goburdhan, for respondent No. 1. 1961.
April 26.
The Judgme... | IN-Abs | The appellant was elected as a member of the Bihar Legis lative Assembly in a bye election from the Dhanbad constituency by a majority of votes while the nomination paper of the respondent was rejected by the Returning Officer on the ground that the respondent 's proposer had nominated him for election from the Bihar a... |
Appeal No. 356 of 1959.
Appeal by special leave from the judgment and order dated the November 18, 1957, of the Punjab 18 High Court at Chandigarh in Civil Miscellaneous Application No. 712 of 1956.
B. D. Sharma, for appellant.
Hardev Singh and A. G. Ratnaparkhi, for respondent No. 1.
Y. Kumar, for respondent No. 2. 19... | IN-Abs | The Singer Sewing Machine Company, respondent 2 in the appeal, was the tenant in respect of a shop under the appellant and informed him that the company had closed its premises, that respondent I will conduct his business in the shop, and that he will be personally responsible for payment of rent, and in spite of the a... |
Appeal No. 27 of 1960 WITH Civil Appeals Nos.
574, 92 411 and 285 of 1960, 351 of 1959 and Petitions Nos. 20 and 106 of 1960.
Appeal by special leave from the judgment and order dated August 6, 1957, of the Patna High Court in M. J. C. No. 57 of 1956.
Lal Narayan Sinha and section P. Varma, for the appellants (in C. A.... | IN-Abs | After the estates and tenures of proprietors or tenure holders had passed to and became vested in the State by virtue of the Bihar Land Reforms Act, 1950, the Revenue Authorities interfered with the rights of those ex proprietors and ex tenureholders to hold Melas on lands which were occupied by them thereafter as occu... |
Appeals Nos. 33 and 34 of 1959.
Appeal by special leave from the order dated May 29,1957, of the Central Government Ministry of Finance, New Delhi in Appeal Cases Nos. 24 and 33 of 1957.
A. V. Viswanatha Sastri and Ganpat Rai, for the appellants.
B. P. Maheshwari, for the respondents.
M. C. Setalvad, Attorney General f... | IN-Abs | One B who held a large number of shares in the appellant company, transferred two blocks of 100 shares each to his son and daughter in law.
The transferees applied to the company to register the transfers.
Purporting to act under article 47B of the Articles of Association of the company the directors of the company res... |
minal Appeal No. 146 of 1959.
Appeal by special leave from the judgment and order dated January 5, 1959, of the Punjab High Court in Criminal Appeal No. 238 of 1958.
J. N. Kaushal and Naunit Lal, for the appellant.
B. K. Khanna, R. H. Dhebar and D. Gupta, for respondent.
April 26.
The Judgment of the Court was delivere... | IN-Abs | The appellant was tried along with two others under sections 302 and 307 read with section 149 of the Indian Penal Code.
The prosecution case against them was that they along with ten others had taken part in a free fight resulting in the death of one belonging to the other side.
The Sessions judge held that the accuse... |
minal Appeal No. 162 of 1959.
Appeal by special leave from the judgment and order dated January 13, 1959, of the Rajasthan High Court in D. B. Criminal Revision No. 47 of 1957.
267 N. C. Chatterjee, J. L. Datta and C. P. Lal, for the appellant.
Mukat Behari Lal Bhargava and Naunit Lal, for respondent No.2.
April 24.
Th... | IN-Abs | On the failure of the appellant to carry out the requisition by the Municipality to execute certain repairs to its property the Municipality carried out the said repairs after giving due notice, the cost of which became recoverable from the appellant as tax under section 222(4) of the Ajmer Merwara Municipalities Regul... |
160 of 1952.
Contempt of Court proceedings against the Editor, Printer and Publisher of the "Times of India" (Daily), Bombay and Delhi, for publishing a leading article in their paper of October 30, 1952, entitled A Disturbing Decision ".
M. C. Setalvad, Attorney General for India (P. A. Mehta, with him) (amicus curiae... | IN-Abs | It is not the practice of the Supreme Court to issue a rule for contempt of Court except in very grave and serious cases and it is never over sensitive to public criticism; but when there is danger of grave mischief being done in the matter of administration of justice, the animadversion will not be ignored and viewed ... |
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