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Civil Appeal No.94 of 1949.
107 834 Appeal from a judgment and decree of the High Court of Judi cature at Patna in Appeal from Appellate Decree No. 97 of 1946 (Mannohar Lall and Mukherji JJ.) dated 23rd Decem ber, 1947, confirming the judgment of the District Judge of Purulia in Appeal No. 159 of 1944.
S.P. Sinha (P. K... | An agreement for a lease, which a lease is by the Indian declared to include, must be a document which effects an actual demise and operates as a lease.
It must create present and immediate interest in land.
Where a litigation between two persons A and B who claimed to be tenants under C was settled by a compromise dec... |
Special Leave Petition (Civil) No. 4221 of 1988.
From the Judgment and Order dated 3.12.1987 of the Delhi High Court in FAO (OS) No. 120 of 1987.
Mukul Rohtagi and Miss Bina Gupta for the petitioner.
Soli J. Sorabji, D.K. Sorab, P. Jain, Sushil Kr.
Jain and Sudhanshu Atreya for the Respondent.
The Judgment of the Court... | An agreement for distribution of the film "Savere Wali Gadi" was entered into on 19th March, 1983 between the petitioner as the distributor and the respondent as the producer.
The agreement contained an arbitration clause.
A sum of Rs.3.40 lakhs paid to the respondent and acknowledged by him earlier to the agreement wa... |
he refund of cess paid by them.
[304D] & CIVIL ORIGINAL JURISDICTION: Writ Petitions Nos.
2687, 5822 of 1983 etc.
(Under Article 32 of the Constitution of India).
Dr. Shankar Ghosh, T.S.K. Iyer, M.L. Lahoty, P.S. Jha, D.D. Gupta, S.K. Jain, D.P. Mukherjee, S.R. Srivastava, P.N. Tewari and Parijat Sinha for the petition... | Section 4(1) of the West Bengal Rural Employment.
and Production Act, 1976 provided for levy of rural employment cess on immovable properties.
Clause (aa) of section 4(2) as amended by section 7(b) of the West Bengal Taxation Laws (Amend ment) Act, 1981 provided for levy of rural employment cess in respect of tea estat... |
ON: Criminal Appeal No. 165 of 1957.
Appeal by special leave from the judgment and order dated the 4th August, 1955, of the Patna High Court in Criminal Appeal No. 699 of 1953 with Criminal Revision No. 205 of 1954, arising out of the judgment and order dated the 12th December, 1953, 769 of the Court of the Assistant S... | The appellants were tried before an Assistant Sessions judge for the offence of dacoity under section 395 Indian Penal Code.
Under 3.
31(3) Code of Criminal Procedure, (as it then stood) the Assistant Sessions judge could award a maximum sentence of seven years rigorous imprisonment.
He convicted the appellants and sen... |
ivil Appeal No. 103 of 1975.
From the Judgment and Order dated 19.4.1974 of the Patna High Court in Taxation Case No. 21 of 1970.
S.K. Dhingra and K.B. Rohtagi for the Appellants.
D .N. Goburdhan and D. Goburdhan for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
This appeal is by speci... | For the year 1964 65, the assessee, a registered dealer, under the Bihar Sales Tax Act, 1959 returned a gross turn over of Rs.53,39,981 which was accepted by the Assessing Officer.
He determined the taxable turnover at Rs.52,79,962 representing the sale of wheat products taxable at 2%.
He found that the dealer has sold... |
Petition Nos.
1483, 1494 and 1544 of 1986 etc.
Under Article 32 of the Constitution of India.
Dr: Y.S. Chitale, Satish Chandra, P.K. Banerjee, S.N. Kacker, K.C. Agarawal, S.S. Rathore, L.K. Garg, M.K.D. Namboodiary, P.M. Amin, Ashok Grover, Bulchandani, M.N. Shroff, P.H. Parekh and Sohail Dutt for the Petitioners.
K. P... | By a common order dated April 18, 1985 in C.A. No. 1423 of 1984, etc., Union of India vs Rajnikant Bros. the Court had directed issue of Export House Certificates and Addi tional Licences to the petitioners and other diamond export ers under the Import Policy 1978 79 stating: "Save and except items which are specifical... |
ivil Appeal No. 2027 of 1974.
From the Judgment and Order dated 8.10.1973 of the Gujarat High Court in Gift Tax Reference No. 3 of 1971.
Wazir Singh, K.C. Dua and Ms. A. Subhashini for the Appellants.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
This appeal is by certificate under a Deed of Partnershi... | Under a deed of partnership dated 12.11.1958, a firm by the name M/s. Chhotalal Vedilal came into existence with Chhotalal Mohanlal (the assessee), Gunvantilal Chhotalal and Pravinchandra Vedilal, as partners, each having 7 annas, 4 annas and 5 annas share respectively in the firm.
This position continued until on 9.11... |
ON: Civil Appeal No. 1777 of 1973.
From the Judgment and Decree dated 25.6.1973 of the Karnataka High Court in Regular First Appeal No. 56 of 1968.
K.N. Bhatt, V.K. Verma and Ms Madhu Moolchandani for the Appellants.
S.S. Javali and B .R.
Agarwala for the Respondents.
The Judgment of the Court was delivered by 1142 KHA... | The respondent company had a current account with the lant bank in its Mangalore Builder Branch.
The Manag ing Director of the company and the General Manager of a sister concern of the company had been authorised to operate the said current account.
The second defendant was attending to the maintenance of accounts of ... |
ivil Appeal No. 544 of 1975.
From the Judgment and Order dated 20.8.
1973 of the Gujarat High Court in Special Civil Application No. 631 of 1970.
C.M. Lodha and Miss Subhashini for the Appellant.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
This is an appeal by the Revenue by special leave and is dire... | The respondent challenged the notice for reasessment issued under section 147(b) of the Income Tax Act, 1961 for the assessment year 1965 66.
The High Court quashed the notice holding that the action of the Income Tax Officer was barred by limitation prescribed by the Act.
Allowing the appeal of the Revenue, HELD: 1.
T... |
Appeal No. 25 of 1961.
Appeal by special leave from the judgment and decree dated November 26, 1957, of the Allahabad High Court in Special Appeal No. 235 of 1957.
3 C.B. Agarwala and C. P. Lal, for the appellants.
H. N. Sanyal, Additional Solicitor General of India, section K. Kapur, Bishamber Lal and.
K. K. Jain, for... | The respondent, who owned agricultural properties in the different districts of Uttar Pradesh, was assessed to agri cultural income tax by the Additional Collector of Banaras.
On challenge by way of a petition under article 226 of the Constitution, assessment was quashed by the Allahabad High Court on the ground that t... |
Criminal Appeal No. 221 of 1978.
From the Judgment and Order dated 30.3.1978 of the Punjab and Haryana High Court in Criminal Appeal No. 252 of 1975.
A.N. Mulla, R.L. Kohli, Harjinder Singh and R.C. Kohli for the Appellants.
R.S. Sodhi for the Respondent.
Judgment of the Court was delivered by BALAKRISHNA ERADI, J. Thi... | The prosecution alleged that on the evening of May 30, 1974 the appellant 's daughter caught hold of the deceased, and the appellant poured kerosene oil on her and set her on fire.
On hearing deceased 's screams the neighbours rushed to the house and extinguished the flames.
Thereafter, she was taken to the hospital wh... |
(Crl.) No. 292 of 1986.
(Under Article 32 of the Constitution of India).
Ram Jethmalani, Ms. Rani Jethmalani and A.K. Sharma for the Petitioner.
Anil Dev Singh, Mrs. Indra Sawhney and Ms. section Relan for the Respondents.
The Judgment of the Court was delivered by SEN, J.
By this petition under Article 32 of the Const... | Sub section (6) of section 12 of the prohibits release of a detenu on bail, or bail bond or otherwise, during the period a detention order is in force.
Sub sections (1) and (1A) of section 12, however, permit tempo rary release by the Central or State Governments on certain terms and conditions.
Section 10 provides for... |
vil Appeal No. 1134 (NT) of 1987.
From the Judgment and Order dated 2.3.
1984 of the Allahabad High Court in Sales Tax Revision No. 146 of 1983.
Prithvi Raj, Ashok K. Srivastava for the Appellant.
S.T. Desai, K.B. Rohtagi, S.K. Dhingra, Baldev Atreya and Shashank Shekhar for the Respondent.
The following Judgments of t... | The State Government issued a Notification on November 25, 1958 In exercise of power vested under Section 4 of the U.P. Sales Tax Act, 1948.
This Notification exempted 'cotton fabrics of all varieties ' from sales tax.
Under it, patta as an item of cotton fabric stood exempted from tax liability.
Subsequently, another ... |
vil Appeal Nos.
23 19 2320 of 1981.
From the Judgment and Order dated 14.3.1980 of the Madras High Court in Writ Petition Nos. 4959 and 4960 of 1975.
236 Soli J, Sorabjee, Harish N. Salve, section Ganesh, Mahapa tra, P.S. Shroff and Mrs. P.S. Shroff for the Appellant.
N.A. Palkhiwala, Gauri Shanker, S.C. Manchanda, J.B... | Shri Anantharamakrishnan, a reputed industrialist died in Madras on April 18, 1964 intestate leaving behind his widow, Valli, two sons, Sivasailam and Krishnamoorthy and two daughters, Kalyani and Seetha.
Some time thereafter, his son Sivasailam, being an accountable person rendered the Estate Duty account.
All other h... |
ivil Appeal No. 390 of 1981.
From the Judgment and Order dated 31.8.
1979 of the Patna High Court in C.W.J.C. No. 262 of 1979 (R).
M.K. Ramamurthy, A.K. Nag and Mrs. Naresh Bakshi for the Appellants.
Jaya Narayan and Pramod Swarup for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
T... | Section 3 of the Bihar Land Reforms Act, 1950 provides for vesting of an estate or tenure in the State by notifica tion.
Under section 9 from the date of such vesting all mines comprised in the estate or tenure, as were in operation at the commencement of the Act and were being worked directly by the intermediary were ... |
ivil Appeal Nos. 116117 of 1987.
309 From the Judgment and Order dated 28.11.1986 of the Bombay High Court in Civil Writ Petition Nos.
5391 And 55 15 of 1985.
F.S. Nariman, R.F. Nariman, Ashok Goel, Rajan Karanjawa la and Ejaz Mazbool for the Appellant.
H.C. Tunara, M.N. Shroff, A.G. Parekh and K.M.K. Khan for the Resp... | The appellant in the appeals was the tenant of the demised premises who was inducted as a monthly tenant for the purpose of conducting the ice cream business carried on by her husband.
The letting was done on an agreement dated December 29, 1975 by the landlord respondent which was to become effective from January 1, 1... |
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 appellants, who had let out the premises in question to the respondent Riled a suit for eviction inter alia on the ground that the tenant had erected unauthorised struc tures of a permanent nature in violation of the provisions of cl.
(p) of section 108 of the and section 13(1)(b) of the Bombay Rents.
Hotel and Lod... |
No. 7338 of 1981.
(Under Article 32 of the Constitution of India).
Ram Jethmalani and Miss Rani Jethmalani for the Petitioner.
G. Ramaswamy, Additional Solicitor General, R.P. Srivastava 634 and Miss. A. Subhashini for the Respondent.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
The petitioner of this... | Fundamental Rule 56(j) confers power on the appropriate authority to compulsorily retire a Government servant, if it is in the public interest to do so, by giving 3 months ' notice or 3 months ' pay and allowances in lieu of such notice; while sub cl.
(i) thereof states that a public servant in class I or class II serv... |
Civil Appeal No. 468 of 1987.
768 From the Judgment and Order dated 19.7.
1985 of the Delhi High Court in Second Appeal No. 374 of 1980.
Madan Bhatia, N.D.B. Raju and Vineet Kumar for the Appellant.
Dr. L.M. Singhvi, K.B. Rohtagi, Praveen Jain and Baldev Atreya for the Respondent.
The Judgment of the Court was delivere... | The appellant made an application before the Rent Con troller on or about July 15, 1976 to let out the premises to the respondent for residential purposes for a period of two years under section 21 of the Delhi Rent Control Act, 1958 as he did not require the premises for that period.
The respondent agreed before the R... |
Appeal No. 20 of 62.
Appeal by special leave from the award dated September 29, 1960, of the Industrial Tribunal Punjab, Patiala in reference No. 13 of 1960.
C.K. Daphtary, Solicitor General of India, Bhagirath Das and B. P. Maheshewari, for the appellants.
M. K. Ramamurthi, B. K. Gary, D. P. Singh and section C. Aggar... | On July 1, 1956, the appellants made a rule that every workman employed on or before that date would be entitled to 30 days leave with wages after working for II months and workmen employed after that date would be entitled to earned leave in accordance with the provisions of s.79 of the Indian .
The State Government r... |
ivil Appeal No. 859 of 1987.
Shankar Ghosh and L.P.Aggarwal for the Appellants From the Judgment and order dated 8.8.
1985 of the Calcutta High Court in Appeal No. 329 of 1982.
V.C. Mahajan, B. Parthasarhti and C.V. Subba Rao for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This a... | This appeal by special leave was confined solely to the question of entitlement of interest on the amount awarded by the Arbitrator for the requisition of the premises under the .
Disposing of the appeal, the Court, HELD: The principles upon which the compensation on this aspect is payable are by now well settled.
This... |
ition Nos. 9222 to 9226 of 1981.
(Under Article 32 of the Constitution of India).
N.N. Keshwani, R.N. Keshwani and Raj Kumar Gupta for the Petitioners in W.P. Nos.
9222 25 of 1981.
Petitioner in person (Inder Mohan Lal Tandon) in W.P. No. 9226 of 1981.
V.C. Mahajan, G.L. Sanghi, C.V.S. Rao, Kitty Kumaraman glam, Randhi... | The petitioners were railway employees.
The Railway Board issued a circular dated July 2, 1970, laying down procedure for filling up posts of train examiners and upgra dation of posts.
It directed that vacancies arising in Grade C after 1.4.1966 to the extent of 50 per cent would be maintained in that grade and the rem... |
No. 1123 of 1986.
(Under Article 32 of the Constitution of India).
R.K. Garg and J.R. Das for the petitioner.
A.K. Panda and Vinoo Bhagat for the Respondents.
The Judgment of the Court was delivered by JAGANNATHA SHETTY, J.
This is a petition under Article 32 of the Constitution challenging the validity of the list of ... | The petitioner had secured 470 marks out of 950 in the written examination conducted by the Orissa Public Service Commission for the post of Probationary Munsifs for the year 1982 83.
In the viva voce test he was given 30 marks out of 200.
But he did not find a place in the merit list though candidates with less number... |
ivil Appeal No. 2991 of 1986.
From the Judgment and Order dated 13.1.
1986 of the Madras High Court in Civil Revision Petition No. 3599 of 1983.
Ms. Shyamala Pappu, Ms. Dhaneshwari and R. Vasudevan for the Appellant.
section Srinivasan for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI,... | The appellant was sought to be evicted under section 10(3)(c) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 from a room leased out to him for non residential purposes in a residential building.
The landlord needed additional accommodation for residential purposes due to marriages in the family.
The Hig... |
vil Appeal Nos.
2839 40 of 1989 etc.
From the Judgment and Order dated 6.12.
1984 of the Delhi High Court in R.F.A. Nos. 113 and 114 of 1968.
K. Parasaran, Attorney General, T.S. Krishnamurthy Iyer, B.R.L. Iyengar, M.S. Gujaral, F.S. Nariman, A.K. Ganguli, K. Swamy, C.V. Subba Rao, R.D. Agrawala, P. Parmeshwaran, O.P. ... | A common question of law having arisen in this group of cases for determination by this Court, they were heard together.
Lands of Respondents in Civil Appeal Nos.
2839 40 of 1989 were acquired under the Land Acquisition Act.
The Collector made the award for compensation on March 30, 1963 and on a reference, being made ... |
Civil Appeal No. 2286 of 1987.
From the Judgment and Order dated 17.12.1986 of the Madhya Pradesh High Court in S.A. No. 536 of 1985.
V.M. Tarkunde, K.M.K. Nair for the Appellants.
Mukul Mudgal for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
Special leave granted.
This is an appe... | The appellant/plaintiffs filed a suit for a declaration that the eight agreements/contracts executed between the appellants and the defendant/respondent No. 1, were not 'hire purchase agreements ' but were agreements relating to the transaction of loan.
The suit was dismissed.
The appellate Court confirmed the decision... |
minal Appeal No. 170 of 1961.
Appeal by special leave from the judgment and order dated August 28, 1961, of the Allahabad High Court (Lucknow Bench) at Lucknow in Cr.
Case No. 125 of 1961.
A.S. R. Chari, B. Parthasarathy, R. K. Garg, section C.Aggarwal, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appell... | The appellant 's mother died leaving a will executed in favour of the appellant her sister and her brother.
The appellant applied for a probate and it was granted to her.
Subsequently in connection with a criminal appeal before the Oudh Chief Court applications were filed by the counsel for the State as well as the app... |
ION: Special Leave A Petition (CRL. ) No. 1765 of 1987 From the Judgment and order dated 8/9.7.1987 of the Bombay High Court in W.P. No. 332 of 1987.
V.N. Ganpule for the Petitioner.
Soli J. Sorabjee, K.J. John and A.K. Desai for the Respondents.
The Judgment of the Court was delivered by SEN, J.
The by section 630, en... | Sub section ( l ) of section 630 of the provides for launching of prosecution against an officer or employee of a company, who (a) wrongfully obtains possession of any property of a company, or (b) having any such property in his possession wrongfully withholds or knowingly misapplies the same.
The petitioner who was g... |
tition Nos 7597 99 of 1983.
And Writ Petition Nos.
7606 09 of 1983.
(Under Article 32 of the Constitution of India).
A.K. Sen, F.S. Nariman, S.N. Kacker, A.K. Ganguli, R.F. Nariman, A. Patnaik and M.M. Kshatriya for the Petitioners.
F Shanti Bhushan, S.N. Chatterjee, G.L. Sanghi, Dr. Y.S. Chitale, G. Rath, Advocate Gen... | The Orissa Forest Produce (Control of Trade) Act, 1981 was enacted to prevent smuggling forest produce and also to provide State monopoly in such forest produce.
The State was empowered under section 1(3) of the Act, from time to time to issue a notification specifying the area or areas, the forest produce in relation ... |
Civil Appeal No. 2598 of 1987.
370 From the Judgment and order dated 26.5.1987 of the Karnataka A High Court in W.A. No. 615 of 1987.
Dr. Y.S. Chitale and K.J. John for the Appellant.
S.S. Javali, Ranjit Kumar and Dev Dass for the Respondents.
The Judgment of the Court was delivered by Dutt, J.
Special leave is granted... | The appellant, who had passed B.Sc.
Examination with Botany.
Chemistry and zoology securing 54.7% marks in the aggregate, and, who had passed earlier the P.U.C. examination with Physics, Chemistry and Biology securing 43.1% marks in the aggregate, joined a private medical college after its principal had confirmed in wr... |
ition No. 7993 of 1982.
(Under Article 32 of the Constitution of India).
R.K. Jain and R.P. Singh for the Petitioner.
Prithiviraj and Mrs. Shobha Dikshit for Respondent Nos. 1 and 3 to 5.
Kuldip Singh, Additional Solicitor General, Mr. C.V. Subba Rao and B. Parthasarthy for Respondent No. 2.
The Judgment of the Court w... | % In a writ petition, the petitioner challenged the price fixation on the ground; that the State Government had not taken into consideration the guidelines in built in sub section 3C of section 3 of the , that the levy order was unreasonable or excessive restriction on the fundamental rights guaranteed under Articles 1... |
Civil Appeal No. 2603 2605 of 1987.
From the Judgment and order dated 8.12.1986 of the Rajasthan High Court in D.B. Special Appeal No. 889, 975 and 1135 of 1986.
G.L. Sanghi and Mrs. Rani Chhabra for the Appellants.
Shanti Bhushan and S.K. Jain for the Respondents.
The Judgment of the Court was delivered by RANGANATHAN... | % The appellants filed applications for renewal of their stage carriage permits on a route in Rajasthan, under section 58 of the Motor Vehicles Act.
At the same time, the Rajasthan State Road Corporation(Corporation) moved applications for the grant of fresh permits to it for the same route.
Both the applications for r... |
Civil Appeal No. 1177 (NCE) of 1986.
From the Judgment and order dated 17.1.1986 of the Allahabad High Court (Election Tribunal) in Election Petition No. 54 of 1985.
R.K. Garg and Ravi Parkash Gupta for the Appellant.
Qamarrudin and Mrs. Qamarrudin for the Respondents.
The Judgment of the Court was delivered by 633 VEN... | % In the election to the Uttar Pradesh State Legislative Assembly from constituency No. 41 held in early March, 1985, 16 candidates contested.
Respondent No. 1 was declared elected having secured 23,006 votes.
Respondent No. 2 secured 20,735 votes being the next highest.
The difference of votes secured by them was in t... |
Appeal No. 124 of 1962.
Appeal by special leave from the judgment and order dated November 14, 1960, of the Punjab High Court (Circuit Bench), Delhi in Civil Revision Case No. 224 D of 1959.
Janardan Sharma, for the appellant.
R.Ganapathy Iyer and P. D. Menon, for the respondents.
September 25.
The judgment of the Cour... | The appellant a public servant was served with a charge sheet and after enquiry was dismissed.
The filed a suit for a declaration that the order of dismissal was invalid and for a further declaration that he still continued to be in service.
The suit was ultimately decreed by the Supreme Court by making the declaration... |
Civil Appeal No. 6626 of 1983.
From the Judgment and order dated 18.5.1983 of the Allahabad High Court in C.M.W.P. No. 13741 of 1982.
H 620 S.N. Kacker and R.B. Mehrotra for the Appellant.
B.D. Agarwala and Miss Asha Rani for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This is an... | % Respondent No. 1, Shri P.K. Mukerjee, filed an application under the U.P. Act No. 3 of 1947 (Temporary Control of Rent and Eviction Act) (OLD Act), seeking permission to file a suit for eviction of his tenant, Harbans Lal Soni, the father of the appellant, D.K. Soni, on the grounds of his bona fide requirement for hi... |
No. 3130 of 1981.
(Under Article 32 of the Constitution of India).
Soli J. Sorabjee, Harish N. Salve, K.K. Patel, Ujwal Rana, Rajiv Dutta and K.K. Mohan for the Petitioners.
369 K. Parasaran, Attorney General, B. Datta, Additional Solicitor General, Kuldip Singh, Additional Solicitor Gener al, Ms. A. Subhashini, C.V. S... | By way of writ petition under Article 32 of the Consti tution the petitioners sought relief against the imposition of customs duty at 150 per cent on their import of edible oils into India.
Pursuant to the contract entered into by the petitioners with foreign sellers for the supply of edible oils the consignment of edi... |
ition No. 373 of 1986.
(Under Article 32 of the Constitution of India).
A.K. Goel, E.X. Joseph and N.S. Das Bahl for the petitioners.
V.C. Mahajan, Girish Chandra, Mrs. Sushma Suri and Miss A. Subhashini for the Respondents.
The Judgment of the Court was delivered by VENKATARAMIAH, J.
These petitions are filed on behal... | % International Covenant on Economic, Social and Cultural Rights, 1966: Article 7 Casual labour Justifiable classification for payment of wages Necessity of Non regularisation of service Not wise policy Necessity for absorption as permanent workers.
The petitioners who were working as 'Daily Rated Casual Labour ' in th... |
Civil Appeal No. 1018 of 1987.
From the Judgment and order dated 3.1.1985 of the Rajasthan 682 High Court in D.B. Civil Special Appeal No. 20 of 1975.
Badri Das Sharma and B.N. Purohit for the Appellants.
Avadh Behari Rohtagi, S.N. Kumar and N.N. Sharma for the Respondents.
The Judgment of the Court was delivered by JA... | % There is a Math known as Juna Math in Bikaner.
The first appellant is the present Mahant of the Math and the second appellant is the presiding deity of the Math, both referred to collectively as 'the Math ', herein.
Previously, one Lalgiri Maharaj was the Mahant of the Math.
He mismanaged the Math and disposed of its... |
ivil Appeal No. 2 107 of 1979.
From the Judgment and order dated 22.9.
1978 of the Allahabad High Court in C.M.W. No. 3857 of 1978.
Gobinda Mukhoty, Ali Ahmad, Mrs. Jayshree Ahmad, Tanveer Ahmad, S S Hussain for the appellants.
R.K. Garg and D.K. Garg for the Respondents.
The Judgment of the Court was delivered by SABY... | % Sub section (1) of section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 barred suits without the permission of the District Magistrate against tenants for eviction except on the grounds mentioned therein.
Sub section (2) provided for revision to the Commissioner, and sub section (4) made the order... |
ivil Appeal Nos. 850 of 1973 etc.
From the Judgment and Order dated 3.9.
1970 of the Allahabad High Court in Civil Miscellaneous (ITR) No. 461 of 1961.
With CIVIL APPEAL No. 941 of 1975.
From the Judgment and Order dated 5.5.
1972 of the Allahabad High Court in I.T. Reference No. 236 of 1969.
Raja Ram Agarwal and Mrs. ... | 'A ', a partner in a firm running a sugar factory, insti tuted a suit for its dissolution in 1948 and a Receiver was appointed by the Court.
The arrangement arrived at for the factory was that it would be leased out for a term of five years to the highest bidder from amongst the six partners.
In July, 1948, 'A ' transf... |
, right in holding that Respondent No. 1 was a 'workman ' and in granting relief on that basis.
[996E] & CIVIL APPELLATE JURISDICTION: Civil Appeal Nos.3521 3523 of 1987.
From the Judgment and order dated 17.10.
1986 of the Rajasthan High Court in D.B. Civil Special (Writ) Appeals Nos.
27,28 of 1983 and 224 of 1982.
Dr... | % The Ist respondent was working in the appellant company as an Internal Auditor on a monthly salary of Rs.1186 60P per month.
The appellant alleged that the respondent started absenting himself from 28th January, 1978 and as such was not entitled to any salary for any period beyond the said date.
The respondent was th... |
Appeal No. 214 of 1962.
Appeal from the judgment dated July 8, 1960 of the Kerala High Court, Emakulam, in Income tax Referred Case No. 10 of 1957.
section T. Desai and Sardar Bahadur, for the appellant.
K. N. Rajagopal Sastry, R. N. Sahthey and P. D. Menon, for the respondent.
October 25.
The judgment of the Court was... | The assessee company was incorporated in 1935 and its Memorandum of association authorised it, inter alia, to promote and to undertake the formation and establishment of other companies and to assist any company financially or otherwise.
There was another company known as the Southern Agencies Ltd. and Mr. A. V. Thomas... |
Civil Appeal No. 1425 of 1973.
From the Judgment and Order dated 21.9.1973 of the Delhi High 1025 Court in S.A.O. No. 294 of 1972.
Dr. Shankar Ghosh and Rathin Das for the Appellant.
A.B. Rohtagi, Soli J. Sorabjee, Mrs. R. Swami, A.K. Verma and Ms. section Sethna for the Respondents.
The Judgment of the Court was deliv... | % The respondent landlord sought eviction of the appellant tenant on the ground of having sub let without written consent the portion in his occupation in favour of M/s. R.C. Abrol & Co. The appellant resisted the petition for eviction, contending that it was not maintainable in the absence of a notice to quit while de... |
Civil Appeal No. 3066 of 1987.
From the Judgment and Order dated 9.7.1986 of the Punjab and Haryana High Court in R.S.A. No. 163 of 1978.
Mala Ram Ghana and Dalveer Bhandari for the Appellant.
M.S. Gujral and Dr. Meera Aggarwal for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
Spec... | % Under an agreement of sale entered into by respondents the appellant had paid the major portion of the agreed price long time ago and the balance thereof that was to be paid at the time of execution of the documents was a sum of Rs. 75 only.
Possession of the premises was with the appellant for all these years in par... |
Civil Appeal No. 1510 of 1987 etc.
From the Judgment and Order dated 4.6.1987 of the Gauhati High Court in F.A. No. 19 of 1984.
Dr. Shankar Ghosh, Gobind Das, Ashok Sen, S.N. Mukharji, N.R. Choudhary and G.S. Chatterjee for the appearing parties.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
These ... | % The appellant filed a petition under Sections 397 and 398 read with Section 403 of the in respect of the affairs of the respondent firm which was disposed of in terms of the compromise arrived at between the parties.
The parties agreed that no Auditor need be appointed for the determination of the liability, and that... |
ION: Civil Appeal No. 914 of 1987.
From the Judgment and Order dated 22.8.1984 of the Kerala High Court in O.P. No. 6806 of 1984.
Abdul Khader and E.M.S. Anam for the Appellant.
1081 G. Vishwanath Iyer, N. Sudhakaran for the Respondent.
The Judgment of the Court was delivered by JAGANNATHA SHETTY, J.
A tea estate of 10... | % The respondent, a State Government Corporation obtained decree for certain amount against the appellant and in execution proceedings a tea estate was brought for sale by court auction in 1969, but in the absence of a bidder the respondent itself had to purchase it at a higher price.
The respondent, however, could tak... |
Criminal Appeal No. 75 of 1979.
From the Judgment and Order dated 6.2.
1976 of the Bombay High Court in Criminal Appeal No. 636 of 1973.
Raghunath Singh (Amicus Curiae) for the Appellant.
A.S. Bhasme and A.M. Khanwilkar for the Respondents.
The Judgment of the Court was delivered by KULDIP SINGH, J.
The appellant, Shiv... | The appellant was charged under Section 302 I.P.C. for committing the murder of the deceased.
At the trial, prose cution produced P.W.3, wife of the deceased, and P.Ws.10, 11 and 12, all eye witnesses.
Except for P.W.3, all other eye witnesses were declared hostile.
Thus, the prosecution depended on the sole testimony ... |
tition (Criminal) Nos. 225 and 513 of 1987.
(Under Article 32 of the Constitution of India).
41 L.K. Pandey for the petitioner in W.P. No.225 of 1987.
M.S. Gupta for the petitioner in W.P. No. 513 of 1987.
Dalveer Bhandari, Ms. A. Subhashini and Mrs. C.K. Sucharita for the Respondents.
The Judgment of the Court was del... | % The petitioners were convicted and sentenced by the General Court Martial under the and lodged in Civil Jails.
They sought a set off of their pre trial detention against the sentence of imprisonment.
The jail and army authorities rejected their claim.
They moved this Court for relief by writ petitions.
Dismissing the... |
ION: Civil Appeal No. 3054 of 1987.
From the Judgment and order dated 20.2.
1987 of the Allahabad High Court in Civil Revision No. 157 of 1986.
A.B. Diwan, Sandeep Narain and Shri Narain for the Appellant.
V.M. Tarkunde, Shakeel Ahmed Syed for the Respondent.
The following Judgments were delivered by SABYASACHI MUKHARJ... | % The appellant, a State Government enterprise, on or about May 17, 1983, entered into a contract with the respondent, a private limited company, for the supply and installation of a vanaspati manufacturing plant at a place in the district of Nainital.
The contract bond contemplated guaranteed performance of the work a... |
Civil Appeal No. 2524 of 1985.
From the Judgment and order dated 26.11.1984 of the Rajasthan High Court in S.A. No. 12 of 1976.
Shankar Ghosh, B.P. Maheshwari and l3.S. Dorpura for the Appellant.
V.M. Tarkunde, S.K. Jain, Himansu Atrey and Mrs. Probha Jain for the Respondent.
The Judgment of the Court was delivered by ... | % The respondent mortgaged his shop and delivered possession thereof to the mortgagees with the right to collect rent from the tenant in payment of the interest on the mortgage amount.
The mortgagees let out the premises to the appellant (tenant), during the subsistence of the mortgage.
The respondent filled a suit aga... |
ivil Appeal Nos.
97 & 98 of 1981.
From the Judgment and order dated 25.4.1980 of the Punjab and Haryana High Court in C.W. No. 2512 of 1979.
V.M. Tarkunde and N.S. Das Behl for the Appellants.
Kapil Sibal, P. Gaur and Jitendra Sharma for the Respondents.
The Judgment of the Court was delivered by JAGANNATHA SHETTY, J.
... | % The Chandigarh administration wanted the printing presses, scattered all over Chandigarh in the residential premises or small shops, to be located in an industrial area.
For that purpose, the administration earmarked forty three sites in the industrial area Phase lI, and invited applications for allotment of the site... |
ION: Civil Appeal No. 4096 of 1987.
From the Judgment and order dated 2.6.1987 of the Calcutta High Court in Appeal NQ.
344 of 1980.
332 A.K. Sen, S.k. Gambhir and Vivek Gambhir for the Appellant.
Dr. Shankar Ghosh and Rathin Das for the Respondent.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
Spe... | % The respondent was appointed a transport and handling Contractor by the appellant subject to the terms and conditions mentioned in three successive written agreements entered into by both the parties.
After disputes arose between the parties, an arbitrator was appointed as per the arbitration clause to adjudicate upo... |
ivil Appeal Nos.
8623 24 of 1983.
From the Judgment and order dated 3.6.1983 of the High Court of Pun jab and Haryana in Writ Petition No. 1794 of 1980.
P.P. Rao and P.D. Sharma for the Appellant.
S.K. Bagga, C.M. Nayar, Mrs. Manik Karanjawala, R. Karanjawala and Mrs. Meenakshi Arora for the Respondents.
The Judgment o... | % Rule 6 of the Punjab Ayurvedic Department (Class I and Class II) Rules, 1963 interdicts appointment to the service except duly qualified persons.
The requisite qualification laid down by Appendix 'A ' to the Rules for Class I post of Director of Ayurved includes (1) a five years ' degree course in Ayurvedic system of... |
Civil Appeal No. 3072 of 1980 etc.
From the Judgment and order dated 5.
10.1979 of the Allahabad High Court in Civil Misc.
Writ No. 3587 of 1974.
S.N. Kacker, C.P. Lal, M.N. Krishnamani, Dalip Tandon, E.C. Agganvala, Vijay Pandit, Atul Sharma and Ms. Purnima Bhat for the Appellants.
Govind Das, Anil Dev, K.K. Singhvi, ... | % Controversies relating to the seniority of the officers in the Indian Forest Service (I.F.S., for short) in this batch of cases from the States of Maharashtra, orissa and Uttar Pradesh, arose as asequal to three decisions of this Court in regard to the constitution of the Indian Forest Service, in Kraipak vs Union of... |
ION: Civil Appeal No. 495 of 1984.
From the Judgment and order dated 1.11.1983 of the Delhi High Court in L.P.A. No. 160 of 1983.
P. P. Rao and A. Mariaputham for the Appellant.
Dr. Anand Prakash, D.N. Dwivedi, Mrs. Anil Katiyar, C.V. Subba Rao, Vineet Kumar and Deepak K. Thakur for the Respondents.
The Judgment of the... | % The appellant, an employee of the Institute of Constitutional and Parliamentary Studies (I.C.P.S., for short), was dismissed from service by order dated November 17, 1982, as a result of disciplinary action.
He challenged the dismissal order by a writ petition before the High Court.
The question whether the I.C.P.S. ... |
Civil Appeal Nos.
3023 3029 OF 1979.
From the Judgment and order dated 14.6.
1979 of the High Court of Gauhati in Civil Rule Nos.
509 to 512 of 1973.
R.F. Nariman, P.H Parekh.
M.K.S. Mench and Sanjay Bharthri for the Appellants.
Prabir Chaudhary for the Respondents.
The Judgment of the Court was delivered by SABYASACHI... | % The Assam Taxation (on Goods Carried by Road or Inland Water ways) Act,1954 was struck down as ultra vires the Constitution in Atiabari Tea Co. Lld.
vs State of Assam, ; A new Act was thereafter passed which received the President 's assent on April 6, 1961.
The High Court declared the said Act to be ultra vires on A... |
Writ Petition (CRL) No. 745 of 1987.
(Under Article 32 of the Constitution of India).
J.M. Khanna for the Petitioner Ravindra Bana, G. Venkatesh Rao and C.V. Subba Rao for the Respondents.
The following order of the Court was delivered: O R D E R The petitioner has been convicted for the offence of murder and sentenced... | % Sectlon 5 of the Punjab Borstal Act, 1926 empowers courts to pass a sentence of detention in a Borstal institution in the case of male persons less than twenty one years of age convicted of an offence, in lieu of transportation or rigorous imprisonment.
Section 2(4)(i)(a) of the Act which defines 'offence ' takes in ... |
ivil Appeal No. 2873 of 1987.
From the Judgment and Order dated 5.8.1987 of the Punjab & Haryana High Court in Civil Revision No. 2209 of 1979.
Harbans Lal, S.K. Mehta, Dhruv Mehta and Aman Vachher for the Appellant.
Rajinder Sachhar, K.C. Dua and Ms. Manju Chopra for the Respondent.
N.S. Das Behl, (Not present) The Ju... | The appellant had taken the premises on rent from the respondent landlord for running a cycle and rickshaw repair ing shop.
In the rent note there was no stipulation that the appellant would not do any business in the shop except the cycle or rickshaw repairs.
Along with the repair business the appellant temporarily ca... |
ivil Appeal Nos.
953 954 (NT)/ 1975.
From the Judgment and order dated the 15th February 1974 of the High Court of Allahabad in Civil Misc.
Writ Petitions Nos. 6904 and 6906 of 1973.
S.C. Manchanda and A.K. Srivastava for the Appellants.
Harish N. Salve, Mrs. A.K. Verma, J. Peres and D.N. Mishra for the Respondent.
The... | % The respondent, an unregistered firm of coal merchants with its place of business in Bihar and an office in U.P., was assessed to sales tax by the first appellant in respect of the turnover of coal supplied by the respondent assessee for the assessment years 1967 68 and 1968 69.
The assessee filed writ petitions alle... |
Civil Appeal No. 1576 of 1987 From the Judgment and order dated 13.1.1987 of the Punjab and Haryana High Court in R.S.A. No. 3521 of 1986 H.N. Salve, R K. Garg and N.D. Garg for the Appellants.
T.U Mehta and G.K Bansal for the Respondents.
The following Judgments of the Court were delivered RAY, J.
The defendant respon... | % The defendant respondent No. 1, Ram Prakash as Karta of a Joint Hindu Family executed an agreement to sell the suit property and received a sum of Rs.5,000 as earnest money.
He, however, refused to execute the sale deed.
The defendant No. 2 Jai Bhagwan, instituted a suit in the Court of the Sub Judge for specific per... |
ppeal No. 286 of 1960.
Appeal by special leave from the judgment and decree dated March 26, 1958, of the Patna High Court in Second Appeal No. 1330 of 1954.
N.C. Chatterjee and R. C. Prasad, for the appellant.
section N. Andley and section P. Varma, for the respondent No. 1. 1962.
November 9.
The judgment of the Court ... | The predecessor in interest of the present appellant applied to the land officer of the respondents for the settlement of the subject,matter of dispute, situated in,Jamshedpur.
The land was let out to him as tenant from month to month at a rent of Re. 1 / per month.
There was no document creating the lease.
The applica... |
N: Criminal Appeal Nos.
642 656 of 1987.
From the Judgment and order dated 24.4.1987 of the High Court of Bombay in Criminal Appeal Nos. 495, 496, 497, 660, 635, 636 and 637 of 1986.
A.K. Sen, A.K. Goel, Ajit Pudussery and M.D. Rijhwani for the Appellants.
M.K. Banerjee, Solicitor General, A.K. Ganguli, Hemant Sharma, ... | % 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 ... |
Civil Appeal No. 3909 of 1986.
From the Judgment and order dated 29.9.1986 of the Allahabad High Court in C.R. No. 83 of 1986.
Shanker Ghosh and P K. Jain for the Appellants.
Y.S. Chitale.
Madan Lokur, Prashant Bhushan, Beni Parshad, Rajinder Dhawan and Jitendra Sharma for the Respondents.
This appeal arises out of a j... | The appellants are the tenants of the disputed property.
Respondent plaintiff 's suit for eviction of the appellants was dismissed by the trial court.
The High Court in revision set aside the judgment and order of the trial court and decreed the suit for ejectment of the tenants appellants.
The tenants appealed to this... |
Civil Appeal No. 2860 of 1987.
From the Judgment and order dated 8.7.1987 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. 1311 of 1983 and Suppl.
A. No. 1798 of 1987 BI.
Soli J. Sorabjee, S.R. Grover and K.J. John for the Appellant.
The Judgment of the Court was delivered by SABYASA... | % Words and Phrases: 'Similar description ' meaning of.
The appellant, manufacturer of Hospital and Pharmaceutical Appliances and Heavy Duty Industrial Canteen Equipment, classified certain items like cooking range, deep fat fryer, express coffee machine, bread toaster etc.
, numbering 14, under Tariff Item No. 68 of t... |
AL APPELLATE JURISDICTION: Criminal Appeal No. 450 of 1987 From the Judgment and order dated 26.3.1987 of the Allahabad High Court in Habeas Corpus Petition No. 17849 of 1986.
D.K. Garg for the Appellant.
Dalveer Bhandari for the Respondents.
The Judgment of the Court was delivered by B.C. RAY, J.
Special leave granted... | HELD: The order of detention was passed by the respondent No. 2.
District Magistrate, on the basis of two Criminal Cases in respect of two incidents which had occurred on October 2 and 3, 1986.
So far as the case being G.D. No. 38 was concerned, the report of this incident was made by the picket employed at police stat... |
N: Criminal Appeal No . 579 of 1986 From the Judgment and order dated 15.4.1986 of the Bombay High Court in Crl.
R. Appln.
No. 160 of 1985.
Rakesh Upadhyay, M.M. Kashyap and N.A. Siddiqui for the Appellants.
V.N. Ganpule, S.K. Agnihotri and A.S. Bhasme for the Respondents.
The Judgment of the Court was delivered by SHA... | % The appellant filed an application under Section 125 Cr.
P.C. before the Judicial Magistrate, claiming maintenance for herself and her son, alleging lawful marriage with the respondent, and that the son was born out of the wedlock.
Respondent, however, denied the marriage and paternity of her son.
He claimed that he ... |
: Criminal Appeal No. 98 of 1987.
From the Judgment and Order dated 9.10.1986 of the Punjab and Haryana High Court in Crl.
A. No. 437 of 1986.
A.N. Mulla and S.K. Sabharwal for the Appellants.
M.R. Sharma, R.S. Suri, H.S. Phoolta, Meera Agarwal and R.C. Mishra for the Respondent.
846 The Judgment of the Court was deliv... | % Appellants Nos. 1 and 2 along with two other accused were convicted for the murder of the first Appellant 's paternal uncle, his wife and daughter.
First the brother, and then his daughter and wife were done to death with gandassa and kapa blows just outside their house.
The motive alleged was that the first appellan... |
Civil Appeal No. 2537 of 1985 etc.
From the Judgment and Order dated 27.4.1984 of the Bombay High Court in O.S.W.P. No. 704 of 1984.
G.G. Kalsekar, K.M.M. Khan, N. Nettar and S.N. Bhat for the Appellants.
S.K. Dholakia, Ashok H. Desai, A.M. Khanwilkar, A.S.Bhasme, D.N. Mishra, section Sukumaran, G.E. Vahanvati, V.B. Ag... | % A piece of land had been purchased for the construction of a five star hotel.
In the sanctioned development plan the said land was shown in the residential zone and a contiguous parcel of land was shown as green belt.
When the plan was submitted to the Municipal Corporation for the construction of a five star hotel, ... |
ition No. 801 of 1986 & Etc.
(Under Article 32 of the Constitution of India) K. Parasaran, Attorney General, B. Dutta, Additional Solicitor General, D.D. Thakur, G.L. Sanghi (N.P.) M.S. Gujral, Anil Dev Singh, E.C. Agrawala, V.K. Pandian, Atul Sharma, A.K. Sanghi, N.D. Garg, Pankaj Kalra, H.K. Puri, S.K. Bisaria, R.P. ... | These writ Petitions have been filed by the employees of the Supreme Court through their Welfare Associations pray ing, in substance, for enhancement of their present pay scales.
Writ Petition No. 801 of 1986 has been filed by the Welfare Association representing class II and class 111 employees whereas Writ Petition N... |
N: Criminal Appeal No. 580 of 1976.
From the Judgment and Order dated 10.10.1975 of the High Court of Punjab and Haryana in Criminal Miscellaneous No. 772 M of 1974.
R.S. Sodhi for the Appellant.
Gopal Subramaniam, Amicus Curiae for the Respondent.
The Judgment of the Court was delivered by NATARAJAN, J.
This appeal by... | % The respondent was apprehended while taking bribe.
Investigation was held and the respondent was chargesheeted before the Special Judge.
The respondent raised an objection to the framing of charges against him on the ground that the investigation of the case was in contravention of rule 16.38 of the Punjab Police Rul... |
Special Leave Petition (Civil) No. 4826 of 1987 etc.
From the Judgment and order dated 6.4.1987 of the Allahabad High Court in C.M.A. No. 4555 (W) of 1987 in W.P. No. 2214 of 1987.
K. Parasaran, Attorney General, Milon K. Banerjee, Solicitor General, F.S. Nariman, Dr. Y.S. Chitale, H.L. Anand, K.K. Venugopal, A.K. Gang... | % 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.... |
iminal Appeal No. 213 of 1960.
Appeal by special leave from the judgment and order dated March 24, 1960, of the Punjab High Court (Circuit Bench)Delhi in Criminal Appeal Case No. 41 D of 1958.
H. L. Anand, and K. Baldev Mehta, for the appellant.
V. D. Mahajan and P. D. Menon, for the respondent.
November 29.
The Judgme... | Dr. Vimla purchased a car in the name of her minor daughter Nalini aged about 6 months.
The price of tile car was paid by her.
The transfer of the car was notified in the name of Nalini to the Motor Registration Authority.
The insurance policy already issued was transferred in the name of Nalini after the proposal form... |
Civil Appeal No. 906 of 1984.
From the Judgment and Order dated 8.7.1980 of the Bombay High Court in Second Appeal No. 663 of 1971.
V.N. Ganpule for the Appellant.
S.V. Deshpande for the Respondent.
The Judgment of the Court was delivered by VENKATARAMIAH, J.
The short question which arises for consideration in this ca... | % A person had two sons, the appellant Dharma and another Miragu.
Miragu died issueless in 1928 leaving behind his widow, respondent No. 2.
The Joint family property devolved on the appellant as sole surviving coparcener.
The appellant disposed of certain properties.
In 1956 the came into force.
In 1968 the widow took ... |
Civil Appeal No.877 of 1974.
From the Judgment and Decree dated 17.11.1971 of the Allahabad High Court in First Appeal No. 171 of 1966.
D.N. Mukherjee, G.S. Chatterjee and A. Bhattacharjee for the Appellant.
Prithvi Raj and Mrs. Shobha Dikshit for the Respondent.
The Judgment of the Court was delivered by VENKATACHALIA... | % The suit property known as "Gopal Lal Villa" situated on the outskirts of the city of Varanasi was a sprawling 60 years old building, part of the estate of a Raja, and vested in the appellant.
It was acquired pursuant to preliminary Notification dated 4.7.1959 under the Land Acquisition Act 1894 for the purposes of t... |
Civil Appeal No. 571 of 1987.
From the order dated 5.12.1986 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. 424/86 B 2.
T.R. Andhyarujina, F.H.J. Talyarkhan, Shri Narain, R.K. Krishnamurthi and Sandeep Narain for the Appellants.
A.K. Ganguli, P. Parmeswaran and Ms. Radha Rangaswamy... | % The appellant firm imported "special purpose complex machine" and claimed that it was classifiable under item 84.45/48 of the tariff schedule and duty was payable at the rate of 40 per cent.
The Assistant Collector took the view that the imported machine was not manufacturing carburettors and was discharging an indiv... |
N: Criminal Appeal No. 690 of 1982 etc.
From the Judgment and order dated 20.5.1982 of the Patna High Court in Criminal Appeal No. 329 of 1980.
R.K. Garg, R.K. Jain, Rajendra Singh, S.N. Jha, R.P. Singh, Rakesh Khanna, Md. Israeli and Ranjit Kumar for the Appellants.
Pramod Swaroop and Mrs. G.S. Misra for the Responden... | % The prosecution case as appearing from the Fardbeyan or the FIR lodged by P.W. 3, a social worker was that on 12.12.1987 at about 7.00 A.M. he was going to his brother in law and just as he reached the main gate of the Sadar Hospital, he saw seven persons: (1) Hare Krishna Singh.
(2) Sheo Narain Sharma, (3) Ram Kumar... |
Civil Appeal No. 297 of 1983.
From the Judgment and order dated 11 1.1983 of the Delhi High Court in C.W No 1858 of 1981 Soli J. Sorabjee, A.N. Haksar, Ravinder Narain P.K. Ram.
703 D.N. Mishra and Appellant in person (in C.A. No. 2658 of 1983) for the Appellants K. Parasaran, Attorney General, A K. Ganguli, K. Swamy a... | % The appellant No. 1, J.K. Cotton Spinning and Weaving Mills Limited, has a composite mill wherein it manufactures fabrics of different types, for which yarn is obtained at an intermediate stage, and the yarn is processed in an integrated process in the said composite mill for weaving the same into fabrics.
The Centra... |
Civil Appeal No. 2456 of 1987.
From the Order dated 27.5.1987 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. E 2312/85 C. K.K. Venugopal, R. Narain, section Ganesh, R. Shah, R.K. Ram and D.N. Mishra for the Appellant.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, ... | % The question as to whether "Decoplast" manufactured by the appellant is plastic emulsion paint or not had been determined in the affirmative by the Revenue, and revision application before the Government of India was rejected.
Thereafter the appellant moved the Bombay High Court, which directed the Customs Excise and... |
Civil Appeal No 757 of 1988.
From the Judgment and Order dated 14.8.1986 of the Allahabad High Court in F.A. No. 448 of 1978.
G. Ramaswamy, Additional Solicitor General, Pramod Swarup and P. Parmeshwaran for the Appellants.
R.P. Gupta for the Respondent.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J... | % Four agreements were entered into between the respondent and the appellant Union of India through the Executive Engineer, Northern Railway, followed by a supplementary agreement.
All the four contracts were executed and completed by the respondent on diverse dates.
The respondent accepted four final bills and gave no... |
Petition No. 1398 of 1962.
Appeal against the order of the Deputy Registrar dated March 28, 1962 in Civil Appeals Nos.
41 to 49 of 1962.
A.Ranganadham Chetty, B.D. Dhawan, S.K. Mehta and K.L. Mehta, for the petitioner.
C. K. Daphtary, Attorney Generalfor India, R. Ganapathy Iyer and R. N. Sachthey, for the respondents.... | This appeal was against the order of the Deputy Registrar directing the present case to be registered as nine appeals and requiring the appellant to pay nine sets of court fees.
The case originated out of one petition under article 226 of the Constition challenging the validity of various assessment orders.
The High Co... |
The prayer in the present petition under Section 438 Cr.P.C. is
for the grant of anticipatory bail to the petitioner in case FIR No.130
dated10.08.2021 under Sections 21,23 and 29 of the NDPS Act, registered at
2. The brief facts of the case are that secret information was
received by the investigating agenc... | The Punjab and Haryana High Court, while rejecting an anticipatory bail application on Wednesday filed by an alleged drug smuggler in close contacts with suppliers from Pakistan, made serious observations on the situation of rising cross border narco-terrorism with increasing use of drones to smuggle drugs and weapons ... |
1. The instant contempt petition has been filed for the alleged willful
violation of the orders dated 15.10.2020 and 21.12.2020, passed by this
Court in W.P.(C) No. 7356/2021 & CM No. 33867/2020.
2. The facts, in brief, leading to the instant contempt petition are as
a) Aggrieved by the non-consideration of h... | Observing that the purpose of contempt jurisdiction is to uphold the majesty and dignity of the courts of law, the Delhi High Court has said that the democratic fabric of society will suffer if respect for the judiciary is undermined.
Justice Subramonium Prasad observed thus:
"The purpose of contempt jurisdiction is to... |
1. The application filed on behalf of the defendant under Section 8 of the
Arbitration and Conciliation Act, 1996, being I.A. No.2863/2020, was
allowed by this Court on 31st March, 2022 and a sole arbitrator was
2. The only issue to be adjudicated in the suit was whether the plaintiff
is entitled to refund of c... | The High Court of Delhi has held that the plaintiff is not entitled to return of Court Fess when the parties are referred to arbitration under Section 8 of the A&C Act.
The Single Bench of Justice Amit Bansal held that the benefit of Section 16[1] of the Court Fees Act would only be available to the plaintiff when the... |
1. The instant petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter “Cr.P.C.”) has been filed by the petitioners
praying for quashing of FIR bearing No. 702/2006 registered at Police
Station Mangol Puri, Delhi for offences punishable under Sections
498A/406/34 of the Indian Penal Code, 18... | The Delhi High Court has observed that FIR or complaints can be quashed even in respect of non-compoundable offences pertaining to matrimonial disputes if the Court is satisfied that the parties have settled their disputes amicably, without any pressure. Justice Chandra Dhari Singh observed thus:"Even in non- compounda... |
1. As per our previous order dated 25th February 2022, we had directed
MSRDC (Respondent No.8) to deposit a sum of Rs. 10 crores (i.e. Rs. 1 Lakh per
affected family comprising the Petitioner Society) to be available for distribution as
ad-hoc interim compensation. On that day, Shri Radhesyam Mopalwar, Mana... | On his last working day as a Judge at the Bombay High Court, a bench led by Justice Shahrukh Kathawalla directed disbursal of ad-hoc compensation of Rs. 1 lakh to each of the 953 fisherfolk families being affected by an infrastructure project in Thane. "As the fisherfolk and their families cannot be expected to starve ... |
1. This appeal is directed against the judgment dated 10.08.2021
rendered by the learned Single Judge in W.P.(C) 7343/2020. Before the
learned Single Judge, the respondent (who we are told expired after the
impugned judgment was rendered, but before the institution of the appeal)
had assailed the communication date... | The Delhi High Court has said that a widowed or divorced daughter is entitled to the benefit under freedom fighter pension scheme of 1980, noting that the scheme does not contemplate their exclusion.
A division bench of Justice Rajiv Shakdher and Justice Talwant Singh observed that a “quick read” of the 1980 Scheme and... |
Case :- TRANSFER APPLICATION (CIVIL) No. - 528 of
Counsel for Applicant :- Pavan Kumar
1. This is an application seeking transfer of Original Suit
No.925 of 2020, Mohd. Sarfaraz vs. Mohd. Abid and
others, from the Court of Civil Judge (Jr. Division),
Nagina, District - Bijnore to any other Court of competent
jurisdicti... | While dismissing a plea filed seeking transfer of a civil case to another court, the Allahabad High Court recently remarked that a mindset has developed among the general public to overawe Judges by complaining and maligning them on baseless allegations.The petitioner, Mohd. Sarfaraz had sought the transfer of the case... |
1. The petitioner, who is a serving officer of the Delhi Higher Judicial
Services, and is currently posted as the Additional District Judge- 02 South
District Saket Courts New Delhi, has approached this Court being aggrieved
by the refusal of the respondent nos. 1 to 3 in reimbursing in full the
expenses incurred b... | The Delhi High Court on Tuesday directed the Delhi Government to pay over Rs. 16 lakhs to a senior judicial officer, who is an Additional District Judge in Saket Courts, as reimbursement for the expenses incurred by him for his COVID-19 treatment last year.
ADJ Dinesh Kumar was admitted in the city's PSRI Hospital bet... |
Through: Mr. Rahul Tyagi, ASC for State with
1. Exemption allowed, subject to all just exceptions.
2. Applications stand disposed of.
3. This is a petition seeking setting aside of the impugned judgment
dated 19.11.2022 passed by learned Sessions Court in Crl. Rev. 23/2020 and
to restore the order dated ... | The Delhi High Court has observed that a revision petition filed against an order directing registration of FIR is maintainable as such an order is not an interlocutory order. The accused has a valuable right to be heard, said the court.
Justice Jasmeet Singh said the registration of FIR affects the fundamental right a... |
The State of Maharashtra & Anr. … Respondents
Mr. Rahul Kadam for the applicant.
Mr. R.M. Pethe, APP for respondent no.1/State
Ms. Anjali Patil for respondent no.2.
Mr. Ashish Kumar i/by ALJ & Partners for respondent
no.3.
1. The applicant is challenging order dated 27th November,
2021 passed by th... | The Bombay High Court has reiterated that a first informant has a right to audience in the discharge application filed by the accused before the Court.
To observe thus, the bench of Justice Amit Borkar relied upon the High Court's 2020 ruling in the case of Prakash C. Sheth vs The State Of Maharashtra And Anr, wherein... |
vil Appeal No. 3 108 of 1989.
From the Judgment and Order dated 27.1.86 of the Punjab and Haryana High Court in R.S.A. No. 1510 of 1977.
Harbans Lal and Ashok K. Mahajan for the Appellant.
Jitender Sharma for the Respondents.
The Judgment of the Court was delivered by RANGANATHAN, J.
We grant leave in the Special Leave... | The appellant is the successor in interest of the mort gagor of the suit property.
The suit property was mortgaged on 22.5.1886.
In the normal course the suit for redemption should have been filed on or before 22.5.1946, the limita tion for such a suit being 60 years under the Limitation Act, 1906.
The appellant, howev... |
I.A. 8861/2022 (under Chapter XVA Rule 1 of the Delhi High Court
(Original Side) Rules, 2018 read with Section 151 of the CPC, by Plaintiffs)
1. Present application has been preferred on behalf of the Plaintiffs
under Chapter XVA Rule 1 of the Delhi High Court (Original Side) Rules,
2018 read with Section 151 CPC, 1... | The Delhi High Court has permanently restrained two manufacturers of the pharmaceutical products from manufacturing, selling, advertising and promoting the products using the trademark 'LOOZOUT', which was deceptively similar to the registered trademark 'LOOZ'.
Justice Jyoti Singh also restrained the manufacturers fro... |
The Writ Petition has been filed to direct the respondent-
State of Tamil Nadu to register a case under Section 302 of IPC against
the respondent No.6 and all other police personnel responsible for the
death of the petitioner's son Nithya @ Nithyaraj and to hand over the
investigation of the case in Cr.No.2 of 2017 on ... | Great responsibility on Police to ensure that citizen in its custody is not deprived of right to life.The Madras High Court recently allowed a mother's plea to register a case for the offence of Murder against the police officials allegedly involved in the custodial death of her 22 year old son.It directed the CB-CID t... |
. Heard. Rule. Rule is made returnable forthwith.
Learned AGP Smt. R.P. Gour waives service for respondent no.1 and
learned advocate Mr. Subhash Chillarge waives service for respondent
nos.2 and 3. At the joint request of the parties, the matter is heard
finally at the stage of admission.
2.... | The Aurangabad bench of the Bombay High Court granted protection to a retired Junior Assistant (Class II officer) against recovery of excess salary and benefits erroneously paid to him by the Water Resources Department of the Government of Maharashtra during his service. "We have two very strong reasons in the present ... |
Jug Suraiya, Bachi Karkaria, E.P.Unny and G.Sampath ... if
any one of them, or for that matter any satirist or cartoonist had
authored this judgement, they would have proposed a momentous
amendment to the Constitution of India to incorporate sub-clause
(l) in Article 51-A. Article 51-A states that it shall be ... | "The very registration of the impugned FIR is absurd and an abuse of legal process", the Court said.While quashing an FIR registered against an office-bearer of CPI (ML) who uploaded vacation pictures with the caption 'Trip to Sirumalai for shooting practice', the Madurai Bench of Madras High Court went on to make some... |
Counsel for Appellant :- Rahul Agnihotri,Amrendra Singh,Anil
Counsel for Respondent :- Govt. Advocate
Case :- CRIMINAL APPEAL No. - 120 of 2010
Counsel for Appellant :- Mukul Rakesh,A.K. Gupta,Abdul Rafay
Counsel for Respondent :- Govt. Advocate,Abhishek Misra
(1) Three accused persons, Sarafat, Noor Mohammad and Aja... | The Allahabad High Court (Lucknow Bench) recently upheld the life sentence awarded to three murder convicts for killing one Kadhiley in April 2004. The Court also underscored that mere delay in lodging the FIR may not prove fatal in all cases.
The bench of Justice Ramesh Sinha and Justice Saroj Yadav further stressed t... |
It is a shame that every other case we consider is
sadly a rape of a minor. A minor child was pounced upon by a
neighbour, when she was alone in her house and forcefully
molested, which is the case of the prosecution.
2. Kum. Sai Pooja, learned Counsel for the
appellant, vehemently argued in ... | Appalled by the rising instances of minors being subjected to rape in the State, the Kerala High Court while hearing a criminal appeal remarked: "It is a shame that every other case we consider is sadly a rape of a minor." A Division Bench of Justice K. Vinod Chandran and Justice Ziyad Rahman A. A while upholding the c... |
Heard Sri Jahangir Haider, learned counsel for the petitioner
and Sri Amit Manohar, learned Additional Chief Standing
Counsel for the respondents.
This writ petition has been filed praying for the following
"i. Issue a writ, order or direction in the nature of mandamus directing the
respondent no.2 to restore the posse... | The Allahabad High Court recently imposed a ₹1 lakh cost on a man who filed a writ petition making false averments and suppressing material facts.
The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji directed the petitioner (Asif Khaliq) to deposit the cost with the High Court Legal Services Committ... |
The instant Criminal Appeal has been preferred by appellants
Smt. Sayari, Moti Bai and Kanaram under Section 374 (2)
Cr.P.C. being aggrieved of the impugned judgment dated
17.04.1996 passed by the learned Additional Sessions Judge,
Sojat in Sessions Case No.216/1992 whereby, all three accus... | While taking a lenient view, a Division Bench of Rajasthan High Court reduced sentence awarded to an 82 year old woman charged under 498A IPC to the period already served by her which is nearly two and half months. Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "We are of the view that as appellant Sa... |
The prayers in this Crl.M.C are as follows;
1) Pass an order to modify Annexure A2, interim
bail granted to the petitioner as an absolute bail.
2) Pass an order to delete the 1 st condition imposed
upon the petitioner in Annexure A2 bail order to
surrender before the Superintendent of Sub Jail,
Attingal at 3:30 PM on 3... | The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C.
The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before M... |
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