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l Appeals Nos. 1174 of 1965 and 1935 of 1966.
Appeals from the judgment and decree dated October .14, 1959 of the Madras High Court in Appeal No. 471 of 1955.
H. R. Gokhale, P. section Padmanaban and D. N. Gupta, for the appellant (in C.A. No. 1174 of 1965) and respondent No. 1 (in C.A. No. 1935 of 1966).
V. P. Raman, ... | One W owned several tea, coffee and other.
plantations.
In 1927, he formed a limited company and conveyed his estates to the company.
All the shares of the company were held by him and the members of his family.
The company borrowed Rs. 10 1/2 lakhs from the Imperial Bank of India 'against the issue of debentures secur... |
ecial Leave Petition (C) No. 8566 of 1988.
From the Judgment and Order dated 9.10.1987 of the Andhra Pradesh High Court in W.P. No. 306 of 1983.
R. Mohan for the Petitioner.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This petition is for leave to appeal under Article 136 of the Constitution from... | The respondent, Andhra Pradesh Rayons Ltd., manufacturing Rayon Grade Pulp, a base material for the manufacture of synthetics or man made fabrics, was assessed by the petitioner under the provisions of which provided for levy and collection of Water cess from the specified industries enumerated in Schedule I of the Act... |
Appeal No. 873 of 1966.
Appeal by special leave from the judgment and order dated March 26, 1965 of the Calcutta High Court in I.T. Ref.
No. 107 of 1960.
Sukumr Mitra and D. N. Mukherjee, for the appellant.
Niren De, Attorney General, section C. Manchanda and R. N. Sachthey, for the respondent.
It was stipulated intern... | On July 19, 1945 the assessee took an lease certain premises in Calcutta on a monthly rental.
He made some alterations in the premises so as to convert it into a cinema house but found himself short of money.
As permitted by the terms of his lease he leased the premises on February 23, 1946 to certain parties.
Accordin... |
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... | 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. 812 of 1966.
Appeal by special leave from the judgment and order dated May 13, 1965 of the Rajasthan High Court in D.B. Civil Ref.
No. 18 of 1963.
M. C. Chagla and K, Baldey Mehta, for the appellants.
Sanpat P. Mehta, 0.
P. Mathotra, J. B. Dadachanji and 0.
C. Mathur, for the respondent.
The judgment of the ... | The respondent, a fabricator of steel windows, submitted a tender for 'Providing and fixing ' window leaves in a building.
The window leaves.
were to be fabricated according to the specifications in the contract and.
were to be fixed within six months from the date of acceptance to the: building with rawl plugs in cut ... |
Appeals Nos. 272 to 274 of 1966.
Appeals by special leave from the judgment and order dated July 28, 1961 of the Madras High Court in O.S.A. Nos. 65, 70 and 71 of 1956.
K.N. Balasubramaniam and R. Thiagarajan, for the appel lant (in all the appeals).
R.Gapalakrishnan, for respondents Nos. 2 to 4 (in C.A. No. 272 of 196... | The appellant filed suit No. 56 of 1953 against H for recovery of certain monies on the basis of promissory notes.
As the suit was under 0. 7 of the Madras High Court Original Side Rules H was given leave to defend it on furnishing certain security.
Accordingly H executed in favour of the Registrar, Madras High Court, ... |
Appeals Nos. 2516 to 2519 of 1966.
Appeals from the orders dated February 10, 1965, March 31, 1965 and March 19, 1965 of the Punjab High Court in Letters.
Patent Appeals Nos. 38, 36, 100 and 74 of 1965, respectively and.
Civil Appeals Nos. 806 and 807 of 1967.
850 Appeals from, the jadgment and orders dated September 2... | The respondent a dealer purchased unginned cotton and after ginning the cotton and removing the seeds sold the ginned cotton to customers outside the State.
The respondent paid parchase tax on the purchase turnover.
In respect of cotton seeds sold by it to registered dealers,the respondent claimed deduction from the pa... |
Appeal No. 368 of 1966.
Appeal by special leave from the judgment and order dated February 3, 1964 of the Patna High Court in, Appeal from Appellate Order No. 99 of 1963.
Sarjoo Prasad and R. C. Prasad, for the appellants.
K. K. Sinha and section K. Bisaria, for the respondents.
The Judgment of the Court was delivered ... | After a preliminary decree was obtained by the appellants (mortgagees of an Estate including both Bakasht lands and other lands), the Bihar Land Reforms Act, 1950 came into force.
The appellant filed petition for passing final decree.
The Estate mortgaged vested in the State as a result of a notification issued under s... |
Appeal Nos. 429 and 430 of 1966 Appeals by special leave from the judgments and orders dated January 22, 1964 of the Calcutta High Court in Appeals Nos. 199 and 200 of 1962 from Original Order.
B.Sen and section P. Nayar, for the appellants (in both the appeals).
A.N. Sinha and D. N. Gupta, for respondent No. 1 (in bot... | The respondent filed suits against the Collector of Customs and the Union of India claiming refund of excess customs duty levied on spindle oil imported into India.
The trial court granted decrees against the Union of India for the amounts charged in excess.
As the respondent had large outstandings of tax, the Income T... |
Appeal Nos. 735 and 736 of 1966.
Appeals by special leave from the judgment and decree dated March 26, 1965 of the Allahabad High Court, Lucknow Bench in Second Execution Decree Appeals Nos. 3 and 4 of 1961.
J. P. Goyal and section P, Singh, for the appellant (in both the, appeals).
233 C. B. Agarwala and K. B. Gupta, ... | The appellant instituted two suits in the Court of Assistant Collector (a Revenue, Court) against the respondent under sections 60, 61 and 180 of the U.P. Tenancy Act, 1939.
The suits were decreed, and the appellant took symbolical possession of the lands.
The Assistant Commissioner.
affirmed the decrees, and during th... |
254 of 1954.
Under article 32 of the Constitution for the enforcement of fundamental rights.
The petitioner in Person.
M. C. Setalvad, Attorney General for India, (G. N. Joshi and P.G. Gokhale, with him) for the respondents.
The Judgment of the Court was delivered by BOSE J.
This is a petition under article 32 of Const... | The order under section 10(2) of the , given to a proper officer of the Court may be an oral order and need not be a written one.
The High Court can under section 10(2) refer a case on its own motion. |
Appeal No. 712 of 1966.
Appeal by special leave from the order dated July 27, 1964 of the Madhya Pradesh High Court in Misc.
Petition No. 272 of 1964.
section C .
Chaturvedi, K. Mehta and M. V. Goswami, for the appellant.
I. N. Shroff, for the respondent.
The Judgment of the Court was delivered by Bachawat, J.
The appe... | The appellant was appointed temporarily, to the judicial service in the respondent State.
On complaints, that the appellant was associating with a girl, and was taking bribes, the Chief Justice of the High Court enquired into, them and the High Court recommended to the State Government to terminate the appellant 's ser... |
ecial Leave Petition (Civil)No.6536 of 1988.
From the Judgment and Order dated 26.4.1988 of the Bombay High Court in Appeal No. 431 of 1988.
G. Ramaswami, Additional Solicitor General and Mukul Mudgal for the Petitioner.
Anil B. Diwan, D.N. Misra, M.P. Bharucha and S.J. Vajifdar for the Respondent.
The Judgment of the ... | The petitioner signed two contracts, one on the 12th January.
1980 and the other on 18th August, 1980 for the supply of Indian H.P.S. Groundnut Kernels Javas to a Swiss Company.
On 20th December, 1980 the petitioner informed the respondent not to nominate any vessels to load goods as it were unable to get necessary cle... |
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 ... | 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. 1940 of 1967.
Appeal by special leave from the judgment and order dated April 17, 27, 1967 of the Gujarat High Court in Civil Revision Application 328 of 1967.
section T. Desai and I. N. Shroff for the appellants.
M. P. Amin, P. M. Amin, P. N. Dua and J. B. Dadachanji, for respondent No. 1.
R. P. Kapur, for ... | R and F who held a cinema building in Ahmedabad on lease entered on November 27, 1954 into an agreement with respondent No. 1 giving the latter a right to exhibit cinematograph films in the said building.
Later respondent No. 1 filed 'suit No. 149 of 1960 to assert his right to exhibit films in the building.
The suit r... |
l Appeals Nos.
1567 of 1968, 585 to 1026 and 1027 to 1082 of 1969.
Appeals by special leave from the orders dated March 28, 1968 and July 20, 1968 of the Labour Court (11), U.P., Lucknow in Misc.
Cases Nos. 102 of 1965 etc.
M. C. Chagla, Harish Chandra, H. K. Purl and Bishambar Lal for the appellant (in all the appeals... | In exercise of the power under section 6 of the the undertakings of the appellant company at Allahabad and Lucknow were taken over by the State Electricity Board, U.P. with effect from September 17, 1964.
The workmen of the company were taken into the employment of the Board without any break in continuity of employmen... |
iminal Appeal No. 6 of 1969.
Appeal from the judgment and order dated May 2, 1968 of the Delhi High Court in Criminal Revision Nos.
339 D of 1965 and 185 D of 1968.
Sardar Bahadur Saharya and Yougindra Khushalani, for the appellant.
section C. Mazumdar and Yogeshwar Dayal, for the respondents.
The Judgment of the Court... | The appellant 's four children, the respondents in the appeal, two of whom were majors and two were minors, filed an application under section 488 of the Criminal Procedure Code in September, 1963 for an order requiring the appellant to pay them maintenance.
The Trial Court allowed the application and fixed the monthly... |
Criminal Appeal No. 82 of 1967.
Appeal by special leave from the judgment and order dated March 15.
1967 of the Rajasthan High Court in Criminal Appeal No. 219 of 1965.
Sobhag Mal Jain and V.S. Dave, for the appellant.
K.B. Mehta, for the respondent.
The Judgment of the Court was delivered by Hegde, J.
The appellant 's... | The appellant was charged with having abetted one R in causing miscarriage to a woman who died in the. attempt.
R was acquitted but the appellant was convicted of the offence of abetting the deceased woman in the commission of the offence.
The High Court confirmed the conviction.
In appeal to this Court, HELD: The fact... |
ivil Appeal No. 574 of 1966.
Appeal by special leave from the judgment and order dated September 22, 1964 of the Allahabad High Court in First Appeal No. 39 of 1952.
J.P. Goyal and Sobhag Mal Jain, for the appellants.
K.B.Mehta, for respondent No. 2.
C.J. Suit No. 41 of 1947 was filed in the Court of the Civil Judge, M... | The deity Thakur Janki Ballabhji Maharaj installed in a temple at Brindaban brought in the court of Civil Judge Mathura a suit through its manager an authorised agent of the erstwhile Bharatpur State for a decree for possession of the temple and its properties as well as for accounts to be rendered by R the pujari of t... |
Appeal No. 1733 of 1967.
Appeal by special leave from the Award dated April 10, 1967 of the Industrial Tribunal, Delhi in Reference I.D. No. 241 of 1961.
M.K. Ramamurti, Shyatnala Pappu, Vineet Kumar and Madan Mohan, for the appellants.
S.V. Gupte, Lalit Bhasin, S.K. Mehta and K.L. Mehta, for the respondent.
The Judgme... | The workmen were appointed by the respondent company under the designation of copy holders and an order in July 1959, issued by the management, expressly described them as such.
It was alleged however, that despite this order, the management, both before and after the date of the order, had always given to the workmen ... |
ivil Appeal No. 850 of 1966.
870 Appeal by special leave from the judgment and decree dated March 5, 1965 of the Bombay High Court in First Appeal No. of 1963.
section Sorabli, Bhuvanesh Kumari and J.B. Dadachanji, for the appellant.
The respondent did not appear.
The Judgment of the Court was delivered by Ramaswami, J... | S who was employed as a deck hand on a ship was found missing on board.
The respondent filed an application under section 3 of the Workmen 's Compensation Act claiming compensation for the death of S which according to him occurred on account of a personal injury caused by an accident arising out of and in the course o... |
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... | 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... |
Appeals Nos. 1235 to 1237 of 1966:.
Appeals from the judgment and decree dated September 20, 1963 of the Kerala High Court in Appeal Suit No. 304 of 1962.
Rameshwar Nath, Mahinder Narain and Swaranjit Sodhi, for ' the appellants (in C.A. No. 1235 of 1966) and respondent No, 11 (in C.As.
Nos. 1236 and 1237 of 1966).
K. ... | Defendant No. 1 was the Sthanee of Kavalappara estate which was an impartible estate governed by Marumakkathayam law.
The plaintiffs claimed maintenance based on a family custom entitling the members to maintenance out of the entire income of the Sthanam.
Past maintenance was claimed as also future maintenance from the... |
ivil Appeal No. 2678 of 1985.
From the Judgment and order dated 30.4.1985 of the Delhi High Court in F.A.O. No. 270 of 1982.
M.C. Bhandare, Sandeep Narain and Shri Narain for the Appellants.
Dr. Shankar Ghosh and N.R. Choudhary for the Respondent.
The Judgment of the Court was delivered by KANIA,J.
The hearing before u... | The respondent had taken a loan of Rs.15,000 from the Ministry of Defence for construction of a house on a plot allotted to him.
As the amount of loan was insufficient to complete the construction, he took a loan of Rs.5,000 from Appellant No. 1 and on 6th September, 1973 he entered into an agreement to sell the house ... |
Appeal Nos. 2410 and 2411 of 1966.
91 Appeal from the judgment ,and order dated March 20, 1963 of the Punjab High Court, Circuit Bench at Delhi in R.F.A. No. 122 D of 1962.
Bishan Narain, K. K. Raizada and A.G. Ratnaparkhi, for the appellant (in both the appeals).
A.S. Nambiar, K.R. Nambiar and Lily Thomas, for the res... | The appellant 's suit against the respondent for rendition of account and other reliefs was valued at Rs. 5,930/ for purposes of court fee and jurisdiction.
The suit was decreed in part and the amount decreed was less.
than the amount at which he stated his tentative valuation.
He filed an appeal to the District Court ... |
il Appeal No. 1655 of 1968.
Appeal by special leave from the judgment and order dated December 20, 1967 of the Mysore High Court in Regular Second Appeal No. 811 of 1965.
A. K. Sen, Shyamala Pappu and Vineet Kumar, for the appellant.
S.V. Gupte, Janendra Lal, B.R. Agarwala and Kumar M. Mehta, for the respondent.
The Ju... | The respondent by a deed executed in 1951 took on lease from the appellant certain premises in Bangalore.
It was stipulated in the deed that the lease would be for a period of 10 years in the first instance with an option to the lessee to renew the, same every ten years so long as desired.
When in 1961 the first period... |
Appeal No. 2532 of 1966.
Appeal by special leave from the judgment and order dated August 8, 1963 of the Punjab High Court, Circuit Bench at Delhi in Civil Revision No. 330 D of 1954.
B.P. Maheshwari and S.M. Jain, for the appellant.
V.A. Seyid Muhammad and S.P. Nayar, for the respondent.
The Judgment of the Court was ... | The disputes between the appellant and the respondent, arising out of a contract between them, were referred to.
arbitration under the arbitration clause in the contract.
The award was made and signed on April 26, 1950.
The arbitrator did not send any notice of the making and signing of the award but sent a copy of the... |
Appeals Nos. 481 and 482 of 1966.
Appeals by special leave from the judgment and order, dated April 15, 1963 of the Patna High Court in Misc.
Judicial Cases Nos. 342 and 346 of 1954.
165 S.T. Desai and D.N. Mukherjee, for the appellant (in both the appeals).
Jagadish Swarup, Solicitor General, S.K. Aiyar, R.N. Sachthey... | The assessee inherited a vast estate consisting of agricultural and other land as also Government securities worth Rs. 40 lacs.
In 1937 he attained majority and control of the estate from the Court of Wards.
In the accounting year 1938 39 he sold some of these securities at a profit.
Thereafter he opened an account in ... |
Appeal No. 1851 of 1968.
Appeal from the judgment and decree dated June 19, 1963 of the Mysore High Court in Regular Appeal No. 231 of 1960.
Shyamala Pappu and Vineet Kumar, for the appellant.
K. R. Chaudhuri and K. Rajendra Chaudhuri, for respondent No. 1.
section V. Gupte, G, R. Ethirajulu Naidu, B. N. Sen, 0.
P. Kha... | Under a contract dated August 3, 1957 the defendant agreed to sell to the plaintiffs 40,000 tons of float iron lying in a mining area in the Hosadurgo Taluka in Mysore State, and gave, them a right to win and remove iron ore.
On September 2, 1957, the defendant wrote to the plaintiffs that further to the agreement date... |
Appeals Nos.
1091 1103 of 1964.
Appeals from the judgment and decree dated April 17, 1957 of the Patna High Court In Second Appeals Nos.
1447 of 1950 etc.
C.B. Agarwala and D. Goburdhun, for the appellant (in all the appeals).
U.P. Singh and K.C. Dua, for respondents Nos. 3 and 4 (in C.A. No. 1091 of 1964) respondent N... | One R executed a mortgage of his share in two survey Nos.
to a Cooperative Society.
On his application and in order to enable him to repay a sum of Rs. 500/ , the Society released the property in 1933, but R never paid the amount to the Society.
The Society filed an application for a mortgage award on April 5, 1934 and... |
iminal Appeal No. 79 of 1969.
Appeal by special leave from the judgment and order dated November 21, 1968 of the Bombay High Court in Criminal Appeal No. 818 of 1967.
R.V. Pillai and Subodh Markandey, for the appellants.
H.R. Khanna, B.D. Sharma for S.P. Nayar, for the respondent dent.
229 The Judgment of the Court was... | The appellants were charged with offences punishable under section 147, 447 and 325 read with section 149 of the Indian Penal Code in connection with an incident in which they were alleged to have committed house trespass into the compound of a school and injured a teacher.
The Magistrate convicted them and sentenced t... |
Appeal No. 1330 Of 1966.
Appeal from the judgment and order dated August 4, 7, 1964 of the Bombay High Court in Appeal No. 65 of 1962.
K.S. Shavaksha, R.A. Shah, J.B. Dadachanji and Bhuvanesh Kumari, for the appellant.
M.C. Chagla, 1.
M. Chagla,.
Anoop Singh, M.N. Shroff, for 1.
N. Shroff, for the respondent.
The Judgm... | In 1946 the trade mark 'PROTOVIT ' was registered for one of the vitamin preparations manufactured by the appellant company.
In 1957 the respondent company applied for registration of its mark 'DROPOVIT ' in respect of "medical and pharmaceutical preparations and substances".
The application was granted.
When the appel... |
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... | 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 ... |
Appeal No. 748 of 1966.
Appeal by special leave from the judgment and order dated February 16, 1965 of the Allahabad High Court in Civil Revision No. 373 of 1963.
B. Sen and O.P. Rana, for the appellant.
Yogeshwar Prasad, Paras N. Tiwari,S.S. Khanduja for B. Dutta, for the respondent.
The Judgment of the Court was deli... | The Raja of an impartible Estate in U.P. executed certain Gujaranama deeds in 1949 including one in favour of the respondent, his younger brother.
After the U.P. Zamindari and Land Reforms Act, 1950 (U.P. Act 1 of 1951) came in force the respondent made an application before the Rehabilitation Grants Officer under sect... |
vil Appeals Nos.
1671 87 of 1987.
From the Judgment and order dated 22.4.1987 of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. 1546, 1547 etc.
in Order No. 267 to 283 of 1987 B I. M.K. Banerjee, Solicitor General, R.P. Srivastava and P. Parmeswarn for the Appellants.
Soli J. Sorabji... | The respondent company filed revised classification lists classifying all rectangular products of thickness below 3.0 mm manufactured by them as bars covered by Tariff Item 26AA(ia) of the Central Excise Tariff.
The Asstt.
Collector, Central Excise took the view that rectangular products of thickness less than 3.0 mm a... |
Civil Appeal No. 1784 of 1966.
Appeal from the judgment and decree dated March 17, 1952 of the Bombay High Court in Appeal No. 385 of 1948 from original decree.
276 D. Narsaraju, .4.
K. Sen, Balkrishan Acharya and S.S. Shukla, for respondents Nos. 3 and 4.
K. K, Jain, M.K. Garg and H.K. Puri, for respondents Nos.
13(a)... | In deciding whether a temple is private or public, Courts have to address themselves to various questions such as: (1) Is the temple built in such imposing manner that it may prima facie appear to be a public temple ? (2) Are the members of the public entitled to worship in that temple as of right ? (3) Are the temple ... |
iminal Appeal No. 84 Of 1968.
Appeal by special leave from the judgment and order dated Febru`ary 9, 12, 1968 of the Bombay High Court in Criminal Appeal No. 541 of 1966.
A.S.R. Chari, T.H. Sardar and M. 1.
Khowaja, for the appellant.
B.D. Sharma, for the respondent.
The Judgment of the Court was delivered by Mitter, J... | The appellant was charged under section 379/34 I.P.C. for committing theft of a parcel containing diamonds along with the, two other persons.
ln the course of investigation the police went to a newspaper office where they learnt that one of the.
co accused had come to put in advertisement respecting the recovery of the... |
iminal Appeal No.71 of 1968.
Appeal from the judgment and order dated January 15, 1968 of the Kerala High Court in O.P. No. 4394 of 1967 (Contempt).
A.S.R. Chari and B.R.G.K. Achar, for the appellants.
A. C. Jose, S.K. Mehta, K.L. Mehta and Sona Bhatiani, for the respondent.
412 M.R.K. Pillai, for the Advocate General ... | A first information report was lodged on Sept. 11, 1967 regarding the loss of life of a person when two groups of people clashed.
On Sept. 20, 1967 the first appellant made a statement charging one of the groups being guilty of deliberate conspiracy to commit the murder and alleging that a prominent member of that part... |
Appeal No. 1115 of 1966.
Appeal by special leave from the judgment and decree dated November 18, 1965 of the Punjab High Court in Regular Second Appeal No. 1169 of 1962.
Rameshwar Dial and .4.
D. Mathur, for the appellants.
K.S. Chawla, K.L. Mehta and S.K. Mehta, for respondents Nos. 1 to 7.
The Judgment of the Court w... | In August, 1935 the owner of a piece of land mortgaged a part of it without possession to M.
In November 1914 he mortgaged the entire area of the land to A.
Thereafter he sold his rights in the land (except in a small area) in May. 1943 to the plaintiffs.
In May, 1951 the plaintiffs applied under section 4 of the Redem... |
Appeal No. 1360 1966.
Appeal from the judgment and decree dated January 19, 1962 of the Madras High Court in Appeal No. 351 of 1958.
M.C. Chagla, M.K. Ramamurthi, section Sethuratnam, J. Ramamurthy and Vineet Kumar, for the appellant.
V.V. Nair, for the respondent.
456 The Judgment of the Court was delivered by Shah, J... | The appellant agreed on July 4, 1956 to purchase certain lands from the respondents for Rs. 12,000.
A memorandum reciting that Rs. 2,000 were paid as advance by the appellant to the respondents was executed by both parties.
Three days later the respondents informed the plaintiff by a letter that only a sum of Rs. 350 w... |
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... | 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... |
Appeal No. 810 of 1967.
Appeal by special leave from the judgment and order dated August 3, 1966 of the Kerala High Court in Income tax Referred Case No. 49 of 1965.
K. Javaram, for the appellant.
S.T. Desai, R.N. Sachthey and B.D. Sharma for the respondent.
Sardar Bahadur Saharya. ,for the Intervener.
The Judgment of ... | In computing the income of the appellant 's father for the assessment year 1959 60 the Income tax Officer included Rs. 75,000 received under an agreement for cutting and removing trees from 500 acres of forest land in Madras State.
The Income tax Officer held that the income was taxable because the land was leased for ... |
Appeal No. 444 of 1966.
Appeal by special leave from the judgment and order dated October 9, 1963 of the Allahabad High Court in F.A.F.O. No. 268 of 1957.
N.D. Karkhanis and O.P. Rana, for the appellant.
R. Gcpalakrishnan, for respondents Nos. 1 (i), to (iv), (vii) and (xi), The Judgment of the Court was delivered by S... | As the reversioner of a Hindu widow 's estate one 'R ' instituted suit No. 4 of 1950 in the court of the Civil Judge Jaunpur, for a declaration that he was the 'owner in possession ' of the said estate. 'B ' who claimed to be an heir of the widow was impleaded as a party defendant.
The suit was decreed ex parte. 'B ' t... |
l Appeal No. 1613 of 1966.
Appeal from the judgment and decree dated August 19, 1963 of the Punjab High Court, Circuit Bench at Delhi in Letters Patent Appeal No. 50 D of 1960.
V.A. Seyid Muhammad, S.P. Nayar and B.D. Sharma ', for the appellants.
S.T. Desai, K.L.Arora, Bishambar Lal and H.K. Puri, for the respondent.
... | The respondent gave the highest bid at an auction for the sale of license for a country liquor shop in Delhi for the year 1949 50.
Under cl. 31 of the conditions of sale for that year, the Chief Commissioner was under no obligation to grant a license until he was assured of the financial status of the bidder.
Under el.... |
Appeal No. 2227 of 1966.
689 Appeal from the judgment and decree dated December 10, 1963 of the Kerala High Court in Appeal Suit No. 1094 of 1959.
section V. Gupta and Lily Thomas, for the appellants.
Rameshwar Nath, for respondent No. 2.
Sardar Bahadur, Vishnu Bahadur Saharya and Yougindra Khushalani, for respondent N... | The appellants filed a suit claiming a sum of Rs. 30,000 as damages under sections 1A and 2 of the for the death of their son aged 8 years.
The boy had stood first in Standard III and his future was claimed to be bright.
The trial court computed the damages under sections 1A and 2 at Rs. 5,000.
In appeal the High Court... |
minal Appeal No. 146 of 1954.
Appeal from the judgment and order dated the 27th November 1954 of the Court of Judicial Com 683 missioner at Ajmer in Criminal Appeal No. 15 of 1954 arising out of the judgment and order dated 25th August 1954 of the Court of Special Judge at Ajmer in Criminal Case No. 5 of 1953.
B. P. Ma... | The appellant was a Class III servant employed as a metal examiner, also called chaser, in the Railway Carriage Workshop at Ajmer.
He accepted a sum of Rs. 150 as illegal gratification for securing a job for some person.
He was charged under section 5(1)(d) of the Prevention of Corruption Act, 1947 (Act II of 1947).
Th... |
Appeal No. 1122 of1966.
Appeal from the judgment and decree dated January 29, 1964 of the Calcutta High Court in Appeal from original order No. 28 of 1960.
B. P. Maheshwari and Sobhag Mal Jain, for the appellant.
Niren De, Attorney General, N. section Bindra and section P. Nayar, for the respondent.
The Judgment of the... | The respondent agreed to sell and the appellant agreed to buy some aero scrap for Rs. 10,00,000.
The appellant paid Rs. 2,50,000 on the date of the contract and it was agreed between the parties that the balance should be paid in two instalments.
It was also agreed that the respondent 's terms of business were made par... |
Civil Appeals Nos. 942 and 943 of 1966.
Appeals by special leave from the judgment and order dated june 18, 1965 of the Kerala High Court in Writ Appeals Nos.
139 and 140 of 1964.
Jagdish Swarup, Solicitor General, T.A. Ramachandran and D. Sharma, for the appellant (in both the appeals).
S.T. Desai, M.C. Chacko, A.K. V... | By a notification dated August 14, 1963, issued by the State of Kerala the Taluka Tehsildar was authorised to exercise the powers of a Tax Recovery Officer under the Income tax Act, 1961.
The notification was made effective from April 1962.
The shares of the assessee, who was in arrears of his income tax, were.
attache... |
Civil Appeals Nos. 1782 and 1783 of 1966.
Appeals from the judgment and decree dated October 6, 1964, of the Kerala High Court in Appeal Suit No. 569 of 1963.
O.P. Malhotra and J.B. Dadachanji, for the appellant (in C.A. No. 1782 of 1966) and the respondents (in C.A. No. 1783 of 1966).
M.C. Chagla and A.G. Pudissery,.
... | The plaintiff as original owner of the suit properties sold the same to the 1st defendant who.
was husband of the 2nd defendant.
According to the plaintiff apart 'from the written sale deed there was an oral agreement between him and the 1st defendant whereunder the latter agrees to reconvey the properties sold at the ... |
Appeal No. 524 of 1967.
Appeal from the judgment and order dated July 19, 1966 of the Madhya Pradesh High Court in Misc.
Petition No. 33 of 1965.
P. Ram Reddy and section section Khanduja, for the appellant.
I. N. Shroff, for the respondents.
Shyamala Pappu, C. L. Somesekhar and Vineet Kumar, for the intervener.
The Ju... | The services of the appellant as Assistant Surgeon in the Hindustan Steel Ltd., Ranchi were terminated purportedly in terms of his contract of employment.
In a petition under article 226 he claimed that the termination was wrongful inasmuch as it was really by way of punishment and article 311 of the Constitution had n... |
Appeal No. 1453 of 1966.
Appeal from the judgment and decree dated September.
14, 1965 of the Madras High Court in Second Appeal No. 1394 of 1963.
A. K. Sen, R.M. Mehta and J.B. Dadachanji, for.
the appellant.
R. Gopalakrishnan, for the respondent.
The Judgment of the Court was delivered by Sikri, J.
This appeal by cer... | The appellant was the owner of 5 buses.
The Vehicles stood in the name of the respondent, appellant 's benamidar, and the stage carriage permits were also obtained in the respondent 's name.
The appellant, who was running the buses, flied a suit claiming the buses along with their permits.
It was decreed by the trial c... |
ons for special leave to Appeal (Civil) Nos.
2430, 2431, 2436 to 2438, 2442 2443.
2445, 2446, 2472 and 2480 of 1969 and 3 of 1970.
From the orders dated December 8, 1969 of the Madras High Court in Civil Misc.
Petitions Nos.
15375 of 1969 etc.
in Writ Appeals Nos.
519 of 1969 etc.
K. K. Venugopal and R. Gopalakrishnan,... | The Regional Transport Authority granted to the respondent a permit to operate a bus on a route.
The grant was set aside by the State Transport Appellate Tribunal on appeal filed by another applicant.
The order of the S.T.A. was quashed by a Single Judge of the High Court in a writ petition filed by the grantee from th... |
iminal Appeal No. 40 of 1968.
Appeal by special leave from the judgment and order dated January 23, 1968 of the Patna High Court in Criminal Revision No. 91 of 1968.
D. P. Singh, D. N. Mishra and Govind Das, for the appel lant.
R. C. Prasad, for the respondent.
The Judgment of the Court was delivered by Hidayatullah, C... | On search of the appellant 's premises foodgrains above quantities permitted under the Bihar Foodgrain Dealer 's Licensing Order 1966 were found.
He was prosecuted under section 7 of the Essential Commodities Act for violation of cl. 3 of the Order.
The appellant produced oral and documentary evidence to show that he w... |
iminal Appeal No.100 of 1967.
Appeal from the judgment and order dated March 13,1967 of the Gujarat High Court in Criminal Appeal No. 566 of 1965.
J. L. Hathi, K. L. Hathi and K. N. Bhat, for the appellant.
section K. Dholakia, Badri Das Sharma and section P. Nayar, for the respondent.
The Judgment of the Court was del... | The three appellants were charged with offences under sections 302 and 323 read with section 34, of the Penal Code and appellants 1 and 2 were charged with the individual offences under sections 302 and 323 for intentionally causing the death of A, mistaking him for V and for causing simple hurt to V. The Sessions Judg... |
Appeal No. 145 of 1953.
Appeal by Special Leave from the Judgment and Order dated the 8th day of September, 1950, of the High Court of Judicature for the State of Punjab at Simla in Civil Reference No. 3 of 1949.
Achhru Ram (R. section Narula and Naunit Lal, with him) for the appellants.
M. C. Setalvad, Attorney Genera... | As condition precedent to the applicability of section 10 A of the Excess Profits Tax Act, 1940, it must be proved that during the chargeable accounting period the assessee was carrying on the kind of business to which the Act applies by virtue of section 5 of the Act.
Section 2(5) of the Act states what is included in... |
Appeal No. 104 of 1959.
Appeal by special leave from the judgment and decree dated December 19, 1956, of the Patna High Court in Appeal from the Appellate Decree No. 632 of 1949.
M. C. Setalvad, Attorney General of India and R. C. Prasad, for the appellants.
section P. Varma, for respondent No. 1.
N. section Bindra and... | P executed a sale deed on January 31, 1946, in respect of a house in favour of D and presented it for registration on the same day.
On coming to know of the execution of the sale deed, the appellant who had a right of preemption, made the talab i mowasibat on February 2, 1946.
The deed was copied out in the Registrar '... |
N: Criminal Appeal No. 169 of 1978.
From the Judgment and order dated 10.11.1975 of the Gujarat High Court in Criminal Revision Application No. 273 of 1975.
V.C. Mahajan, Mrs. Indira Sawhney and Miss. A. Subhashini for the Appellants.
453 G.A. Shah, Anil K. Naurya, K.L. Hathi Miss Madhu Moolchandani, Vimal Dave and M.N... | % Respondents 1 to 3 were prosecuted for an offence punishable under section 111 read with section 135 of the Customs Act, 1969, on the basis of recovery of primary gold from their house.
Respondent No. 3 was convicted and respondents Nos. 1 & 2 were acquitted.
Later, the same persons were sought to be prosecuted under... |
TION: Civil Appeal Nos.
2606/80, 6944/83, 3779/88 and 3780/88.
PG NO 562 From the Judgments and Orders dated 23.1.80, 26.4.83, 22.11.82 and 1.8.1984 of the Allahabad High Court in C.M. Writ No. 549/1979 C.M.W.P. No. 6942/81, C.M.W.P. No. 8383 of 1989 and C.M.W.P. No. 11203/1980 respectively.
S.N. Kacker, B.D. Aggarwal ... | In this group of cases a common question of law that falls for Determination by the Court is whether the provisions of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, Act No. 13 of 1972 are applicable to cantonments situated in the State of U.P.
The High Court has answered this questio... |
Appeal No. 2560 of 1966.
Appeal from the judgment and order dated May 11, 1966 of the Calcutta High Court in Income tax Matter No. 98 of 1962.
section T. Desai, G. C. Sharma and R. N. Sachthey, for the appellants.
D. K. De, A. N. Sinha, Rathin Das for P. K. Mukherjee, for respondent.
The Judgment of the Court was deliv... | The Income tax Officer, while assessing the respondent to tax discovered an undisclosed bank account of the 'respondent for a large sum.
He did not accept the explanation of the respondent as to the source of the amount and held that it represented income from an undisclosed source.
Thereafter he initiated penalty proc... |
l Appeals No. 1760 of 1967.
Appeals from the judgment and order dated February 1, 2, 1966 of the Bombay High Court in Income tax Reference No. 60 of 1961.
B. Sen, section K. Aiyar and B. D. Sharma, for the appellant.
M. C. Chagla and A. K. Verma, for the respondent.
The Judgment of the Court was delivered by Grover, J.... | The assessee company respondent herein carried on the business of ,manufacture and sale of yarn and cloth.
It started in 1914 a Provident Fund for the benefit of its monthly rated employees.
Subsequently, another fund was started.
These funds were not recognised under the pro visions of Chapter IXA of the Income tax Ac... |
Appeals Nos. 2483 and 2484 of 1969.
Appeals by special leave from the judgment and order dated April 11, 1969 of the Allahabad High Court in Sales Tax References Nos.
580 and 581 of 1966.
J. P. Goyal and Sobhagmal Jain, for the appellants (in both the appeals).
C. B. Agarwala and 0.
P. Rana, for the respondent (in both... | The, assesses who were dealers in food grains supplied to the Regional Food Controller diverse quantities of wheat in compliance with the provisions of the U.P. Wheat Procurement (Levy) Order, 1959.
The Sales tax Officer levied tax under the U.P. Sales tax Act on the aggregate of the price of wheat supplied by the asse... |
iminal Appeal Nos. 211 & 212 of 1969 and Review Petition No. 37 of 1970.
Appeals by Special leave from the judgment of the Calcutta 7 High Court dated August 18, 1969 in Criminal Appeal No. 183 of 1961.
C. K. Daphtary and section K. Dholakia, for the petitioner.
V. A. Seyid Muhammad and section P. Nayar for the respond... | An air parcel declared by the consigner to contain rasogollas and other edibles was found to contain Rs. 51,000 worth of Indian currency notes.
The parcel was booked to be sent from Calcutta to Hong Kong.
The consignor 's name as given.
on the parcel was found to be false and on investigation the suspicion of the custo... |
No. 2351 of 1970.
(Application for stay by notice of motion) and Civil Appeal No. 1196 of 1970.
Appeal from the judgment and order dated October 29, 1969 of the Orissa High Court in Misc.
Appeal No. 28 of 1967.
R. K. Agarwal, for the appellants.
Santosh Chatterjee and G. section Chatterjee, for the respondent.
The Orde... | The High Court granted certificate for leave to appeal to this Court in a case where it set aside the ex parte decree in the suit and restored the suit to the Me of the trial court.
HELD: The certificate granted by the High Court was premature and was not competent.
As a result of the setting aside of the decree the su... |
Appeal No. 1908 of 1968.
Appeal from the judgment and decree dated August 9, 1966 of the Patna High Court in Misc.
Judicial Case No. 1665 of 1964.
M. C. Chagla, Kailash Mehta and, A. K. Nag, for the appel lants.
Jagadish Swarup, Solicitor General and R. C. Prasad, for respondents Nos. 1, 3 and 4.
V. A. Seyid Muhammad a... | The respondent State granted a mining lease to the appellant.
The 5th respondent, whose application was rejected moved the Central Government under rule 54 of the, Mineral Concession Rules, 1960, praying (i) for setting aside the grant in favour of the appellant, and (ii) for grant of the area on lease to him.
The Cent... |
iminal Appeal No. 74 of 1961.
Appeal by special leave from the judgment and order dated May 7, 1957, of the Allahabad High Court in Criminal Misc.
No. 2006 of 1953.
Veda Vyas, section K. Kapur and Ganpat Rai, for the appellant.
G.C. Mathur and C. P. Lal, for the respondent.
April 27.
The Judgment of Gajendragadkar, Sar... | The respondent passed an order under section 99A of the Code of Criminal Procedure forfeiting two books written by the appellant as in its opinion they contained matter the publication of which was punishable under section 153A and 295A of the Indian Penal Code.
The order did not state the grounds on which the responde... |
Appeal No. 2003 of 1966.
Appeal from the judgment and order dated December 18, 1964 of the Calcutta High Court in Appeal No. 254 of 1963.
Ram Janiavani and section P. Nayar for the appellants.
The respondent did not a pear.
The Judgment of the Court was delivered by Shah, J.
On March 31, 1959 the Ministry of Commerce a... | Under section 3 of Imports & Exports Control Act 18 of 1947 all goods to which any order under sub section
(1) applied shall be deemed to be goods of which the Import & Export has been prohibited under section 19 of the Sea.
Customs Act 8 of 1878, and all the provisions of.that Act shall have effect accordingly.
In exe... |
Appeal No.2402 of 1966.
1 2 L694SupCI/71 850 Appeal by special leave from the judgment and order dated May 4, 1966 of the Patna High Court in Misc.
Judicial Case No. 284 of 1962.
A. K. Sen and U. P. Singh, for the appellants.
N. A. Palkhivala, section B. Mehta, B. Datta, for the respondent.
Hegde, J. This is an appeal ... | The assessee, having its registered office in Bombay and its factory in Bihar, was carrying on the business of manufacturing and selling trucks, bus chassis and spare parts to their appointed dealers and others.
Agreements were entered into between the assessee and the appointed dealers, under which, each dealer was as... |
iminal Appeal No. 55 of 1970.
Appeal by special leave from the judgment and order dated September 26, 1969 of the Allahabad High Court in Criminal Appeal No. 1037 of 1969 and Referred No. 82 of 1969.
Yogeshwar Prasad, section K. Bagga and Sureshta Bagga, for the appellants.
O. P. Rana, for the respondent.
Sikri, J.
Thi... | The appellants were accused of an offence under, section 302 read with section 34 of the Indian Penal Code.
Apart from P who was injured in the incident there were, according to the prosecution, two other eye witnesses M and D who.
knew the appellants from before.
The names of the appellants were mentioned in the First... |
ivil Appeal No. 4031 of 1988.
From the Judgment and Order dated 14.4.1988 of the Patna High PG NO 867 PG NO 868 Court in C.W.J.C. No. 1923 of 1988.
R.K. Jain, R.P.Singh and Y.D.Chandrachud for the Appellant.
U.S. Prasad for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
Special leav... | The appellant has bid in an auction of Beni Country Liquor Shop in the District of Samastipur and was given the shop being the highest bidder but he failed to deposit the bid money in time.
The Collector, Samastipur by an order cancelled the bid and black listed the appellant.
He then moved the High Court against the o... |
minal Appeal No. 834 of 1965.
Appeal by special leave from the judgment and order dated October 19, 24, 1964 of the Bombay High Court in Criminal Appeal No. 1330 of 1964.
A. section R. Chari, R. Nagaratnam, Vineet Kumar and Shyamala Pappu, for the appellant.
Debabrata Mukherjee, H. R. Khanna and section P. Nayar, for t... | The appellant, who was an income tax Officer, was, dismissed from service and against the order of dismissal he filed an appeal to the President of India.
Meanwhile, he was charged under the Prevention of Corruption Act, 1947, with the offence of habitually accepting bribes.
Five instances were offered by the prosecuti... |
Appeal No. 595 of 1967.
Appeal from the judgment and order dated July 28, 1966, of the Assam and Nagaland High Court in Civil Rule No. 242 of 1964.
Naunit Lal, for the appellants.
D. N. Mukherjee, for the respondent.
299 The Judgment of the Court was delivered by Shah, C.J.
The Divisional Forest Officer, Kamrup Divisio... | The Divisional Forest Officer Kamrup Division Assam invited tenders for the purchase of monopoly rights to quarry stone for the period July 1, 1963 to June 30, 1964.
The tender submitted by the respondent was accepted and for the minimum quantity of 1,25,000 c.ft. of stone allotted to the res pondent he was to pay Rs. ... |
Appeal No. 1311 of 1967.
Appeal by special leave from the judgment and order dated January 17, 1967 of the Patna High Court in C.W.J.C. No. 952 of 1966.
M. C. Chagla, N. D. Karkhanis, section P. Chowdhury, Bhuvanesh Kumari, for the appellant.
section C. Manchanda, R. N. Sachthey and B. D. Sharma, for the respondent.
Th... | The appellant, a partnership firm, filed its return of income for the assessment year i960 61 and subsequently produced before the Incometax Officer its relevant books of accounts and papers.
It also produced before him the statement showing various creditors from whom it had borrowed on Hundis during the accounting ye... |
Appeal No. 1223 of 1967.
Appeal from the judgment and decree dated March 5, 1964 of the Allahabad High Court in Income tax Reference No. 71 of 1959.
section K. Mitra, B. B. Ahuja, R. N. Sachthey and B. D. Sharma, for the appellant.
Ram Lal and A. T. M. Sampat, for the respondent.
The Judgment of the Court was delivered... | The respondent who was the karta of his Hindu undivided family entered into partnership with one D to carry on the business of manufacturing and selling pharmaceutical products etc.
On July 27, 1946 the partnership was dissolved.
The assets of the firm which included goodwill, machinery, furniture etc. were valued on t... |
iminal Appeal No. 137 of 1970.
Appeal by special leave from the judgment and order dated February 6, 1970 of the Calcutta High Court in Criminal Appeal No. 5 of 1964.
O. P. Rana, for the appellant.
section P. Mitra and Sukumar Basu, for the respondent.
The Judgment of the Court was delivered by Sikri, C.J.
In this case... | The accused was committed to trial in July 1963 and was convicted and sentenced to death on September 4, 1964.
The appeal to the High Court under section 411A, Cr.
P.C., was finally dismissed on February 6, 1970.
The High Court left it to the State Government whether it should reduce the sentence on account of inordina... |
Appeal No. 1467 of 1967.
Appeal from the judgment and order dated July 1, 2, 1965 of the Bombay High Court in Appeal No. 69 of 1963.
V. A. Seyid Muhammad and section P. Nayar, for the appellants.
C. K. Daphtary, Anil B. Diwan, Suresh A. Shroff, Ravinder Narain and O. C. Mathur, for the respondent.
section J. Sorabjee a... | Under r. 8 of the Central Excise Rules, 1944, made under the Central Excise and Salt Act, 1944 the Central Government issued a notification exempting cotton fabrics from excise duty.
The respondents owned a textile mill and factory.
They manufactured grey cloth which was removed from the mill and kept in a godown and l... |
l Appeals Nos.
280 and 281 of 1960.
Appeal from the judgment and order dated April 20, 1956, of the Madras High Court, in T. R. C. Nos. 101 and 102 of 1956.
B. Ganapathy Iyer and G. Gopalakrishnan, for the appellant.
M. M. Ismail and T. M. Sen, for the respondent.
572 D. V. Sastri and T. M. Sen, for Intervener No. 1.
N... | Certain amounts collected by the appellants as sales tax were included in their turnover by the sales tax authorities.
They contested the constitutional validity of the Madras General Sales (Definition of Turnover and Validation of Assessments) Act, 1954, on the ground inter alia that the Sate Legislature went beyond i... |
iminal Appeals Nos. 248 to 251 of 1968.
Appeals from the judgment an order dated August 13, 1968 of the Calcutta High Court in Criminal Appeals Nos.
425 to 428 of 1968.
L.M. Singhvi and section P. Nayar, for the appepant (in all the appears).
The respondent did not appear.
The Judgment of the Court was delivered by Ray... | The appellant filed complaints before the Chief Presidency Magistrate alleging that the officers of the respondent had committed an offence under the .
They were acquitted on April 4, 1968.
On July 1, 1968, appeals were filed in the High Court by the appellant (cornplainant) but the High Court held that they were barre... |
iminal Appeal No. 83 of 1953.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order dated the 25th August 1953 of the High Court of Judicature at Patna in Criminal Appeal No. 410 of 1951.
B. K. Saran and M. M. Sinha, for the appellants.
M. C. Setalvad, Attorney General for India (R.C.prqs... | It is well settled that while Article 14 of the Constitution forbids class legislation, it does not forbid reasonable classification for the purposes of legislation.
In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) the classification must be founded on an i... |
minal Appeal No. 100 of 1969.
572 Appeal by special leave from the judgment and order dated January 8, 1969 of the Bombay High Court in Criminal Application No. 1341 of 1968.
C. L. Sareen and J. C. Talwar, for the appellant.
P. K. Chatterjee and section P. Nayar, for the respondent.
The Judgment of the Court was delive... | The police filed a charge sheet against the appellant and another for various offences in connection with the fabrication of a British passport.
The offences mentioned in the charge sheet against the appellant were sections 419/109, 468 and 471, I.P.C., and against the other accused sections 419 and 471 read with secti... |
Appeals Nos. 223 & 224 of 1961.
Appeals from the judgment and decree dated April 25, 1956.
of the Punjab High Court in Civil Regular Second Appeals Nos. 158 and 159 of 1949 respectively.
N. section Bindra and K. L. Mehta, for the appellants.
Gurbachan Singh, Harbans Singh and M. L. Kapur, for the respondents (in C. A. ... | Harnam Singh died leaving behind two daughters.
They also died without leaving any issue surviving them.
The Revenue authorities ordered that the entire estate of Harnam Singh be entered in the revenue records in the names of the defendants.
The plaintiffs filed a suit for possession of the estate of Harnam Singh.
Thei... |
iminal Appeal No. 3 of 1971.
Appeal by special leave from the judgment and order dated October 30, 1970 of the Jammu and Kashmir High Court in Criminal Appeal No. 12 of .1969 and Criminal Reference No. 10 of 1969 628 Ram Asray Misra, Risi Ram, O. P. Rana and R. Bana, for the appellant.
D. Mukherjee and R. N. Sachthey, ... | The appeallant was convicted of the offence of murder by shooting and the High Court confirmed the ' conviction and the sentence of death.
In appeal to this Court, HELD : The conviction and the sentence should be set aside.
(1)The substantive evidence of a witness is his evidence in the trial court.
But then the accuse... |
Appeals Nos.
2441 and 2442 of 1968.
Appeals by special leave from the judgment and order dated October 17, 1968 of the Bombay High Court in Arbitration Petitions Nos. 49 and 50 of 1968.
I. N. Shroff, for the appellant (in C.A. No. 2441/1968).
V. M. Tarkunde and I. N. Shroff, for the appellant (in C.As.
2442 of 1968).
s... | Disputes having arisen between the appellant and the respondent, they were referred to arbitration in accordance with an arbitration agreement.
The arbitrators entered upon the reference and also appointed an umpire.
After the time for making the award had expired the appellant took the stand that one of the arbitrator... |
l Appeals Nos. 1970 to 1973 of 1968.
Appeals from the judgment and order dated September 20, 1967 of the Delhi High Court in Income tax Reference Nos. 2 :and 3 of 1967.
V.C. Mahajan and H. K. Puri, for the appellant (in all the appeals) V.S. Desai, R. N. Sachthey and B. D. Sharma, for the respondent (in all the appeals... | The assessee was a .,registered firm deriving income from securities, property, business and other sources.
In 1946 it purchased a hotel in 'Lahore for a sum of Rs. 46 lacs.
For that purpose it raised a loan of Rs. 30 lacs from a bank and a loan of Rs. 18 lacs from one R. The 'loan taken from the, bank was largely repa... |
Appeal No. 2421 of 1968.
Appeal from the judgment and order dated January 31, 1967 of the Madhya Pradesh High Court in Misc.
Civil Case No. 88 of 1966.
R. N. Sachthey and B. D. Sharma, for the appellant.
Rameshwar Nath and Swaranjit Sondhi, for the respondent.
The Judgment of the Court was delivered by Grover, J.
This ... | The assessee who was successor in business to her deceased husband was sought to be taxed under section 41 (1) of the Income tax Act, 1961, in respect of certain amount received by her by way of remission from the sales tax recovered from her husband.
On the 'question whether the amount was assessable under section 41(... |
Appeal No. 563 of 1967.
Appeal from the judgment and order dated September 15, 16, 19, 1966 of the Bombay High Court in Civil Reference No. 8 of 1964.
G.B. Pai, Bhuvanesh Kumari and O. C. Mathur, for the appellants.
L. M. Singhvi, Ram Panjawani and section P. Nayar, for the respondent.
The Judgment of the Court was del... | In exercise of the power conferred by section 96(1)(b) of the , to "Prescribe by rule the procedure to be followed in proceedings" before the Insurance Court, the State Government made r. 17 prescribing a period of limitation of twelve months for every application to the Court.
The Employees ' State Insurance Corporati... |
Appeal No. 266 of 1969.
Appeal by special leave from the judgment and order dated August 16, 1967 of the Kerala High Court in Income tax Referred Case No. 44 of 1966.
C. K. Viswanatha Iyer and K. Jayaram, for the appellant.
V. A. Seyid Muhammad and A. G. Pudissery, for the respon dent.
The Judgment of the Court was del... | The assessee was a Hindu undivided family of which the appellant was the Kamavan.
It possessed agricultural properties.
There was a family settlement among all the members of the family then living.
The settlement allotted some properties to some of the male members but did not provide for their devolution.
Also the jo... |
Appeals Nos. 2459 and 2460 of 1968 and 1161 and 1162 of 1971.
Appeals by certificate/special leave from the judgment and order dated April 1, 1968 of the Calcutta High Court in Income tax Reference No. 163 of 1964.
N. A. Palkhivala, T. A. Ramachandran and D. N. Gupta, for the appellant (in all the appeals).
Jagadish Sw... | Under a circular issued in 1962 by the Central Board of Revenue under section 5(8) of the Indian Income tax Act, 1922 the assessing authorities were directed to permit British Shipping Companies to elect to be assessed on the basis of a ratio certificate granted by the U.K. authorities regarding the income or loss and ... |
Appeal No. 457/58.
Appeal from the Judgment and order dated September 12, 1956, of the Punjab High Court in Letters Patent Appeal No. 38 of 1955.
N. C. Chatterjee and Naunit Lal, for the appellants.
Nanak Chand, for the respondents Nos. 4 to 9. 1961.
May 4.
The Judgment of the Court was delivered by MUDHOLKAR, J.
In th... | Respondents Nos. 4 to 9 who were displaced persons from Pakistan, were allotted certain rural lands in village Karodian on a quasi permanent basis.
On information being received from Pakistan that they were entitled to urban allotment their allotment in village Karodian was cancelled and they were allotted urban land.
... |
Civil Appeal No. 1331 of 1966.
Appeal by special leave from the order dated January 20, 1966 of the Bombay High Court in Special Civil Application No. 54 of 1966.
D. V. Patel and L N. Shroff for the appellant.
G. P. Pai, Bhajan Ram Rakhiani and R. K. Khanna, for respondent No. 1.
The Judgment of the Court was delivered... | The appellant Panjrapole was started in 1834 as a charitable institution for the care and protection of animals.
it expanded its activities considerably over the years.
The institution gradually diversified its objects from only tending to the sick, infirm and unwanted cattle by adopting a policy of keeping cattle not ... |
Appeal No. 105 of 1953.
Appeal by Special Leave granted by this Court 's Order dated the 24th September, 1951 from the Judgment and Decree dated the 2nd day of September, 1949 of the High Court of Judicature at Bombay in Appeal No. 274 of 1948 from Original Decree arising out of the Decree dated the 30th day of July, 1... | It is well settled according to Hindu Law that a widow 's power to adopt comes to an end by the interposition of a grandson or the son 's widow competent to continue the line by adoption.
The mother 's authority to adopt is not extinguished by the mere fact that her son had attained ceremonial competence.
The power to ... |
ivil Appeal NO. 293 of 1988.
From the Judgment and Order dated 24.4.1987 of the Andhra Pradesh High Court in W.P.
NO.1645 Of 1987.
M.C. Bhandare, M. Qamaruddin and Mrs. M. Qamaruddin for the Appellant.
P.A. Choudhary, A.V. Rangam and T.V.S.N. Chari for the Respondents.
JAGANNATHA SHETTY, J.
This appeal by leave is dire... | In August, 1984 the State Government granted permission to various private bodies and individuals for starting colleges of education (B.Ed.) courses, with several conditions required to be complied with within a period of six months.
The appellant was one among these beneficiaries.
When a change of the Government ensue... |
peal No. 291 of 1968.
Appeal by special leave from the judgment and order dated March 28, 1968 of the Calcutta High Court in Criminal Revision No. 159 of 1968.
P. K. Chatterjee, for the appellant.
P. K. Chakravarty, for respondent No. 1.
The Judgment of the Court was delivered by Ray, J.
This is an appeal by special le... | After taking cognizance of an offence against the respondent the Magistrate enquired into it and submitted a report to the Sub Divisional Magistrate that a prima facie case was made out against the respondents.
The Sub Divisional Magistrate directed the issue of process.
The High Court in a petition to quash the issue ... |
o. 1239 of 1970.
Appeal under Section 116 A of the Representation of the People Act, 1951 from the judgment and order dated February 13, 1970 of the Madras High Court in Election Petition No. 1 of 1969.
K. K. Venugopal, R. Gopalakrishnan and T. L. Garg, for the Appellant.
M. K. Ramamurthi, Vineet Kumar, section section... | The appellant challenged the validity of the election of the respondent to the Pondicherry Legislature Assembly on various grounds including corrupt practices.
The High Court dismissed the election petition.
In the appeal to this Court, the appellant contended (i) that the appellant 's amendment application of the elec... |
Appeals Nos. 901 to 903 of 1971.
Appeals by special leave from the judgment and order dated May 13, 1971 of the Andhra Pradesh High Court in Writ Petitions Nos.
6090 of 1970, 221 of 1971 and 543 of 1971 respectively.
section V. Gupte, P. section Shankar and P. P. Rao, for the appellants (in C.A. No. 901 of 1971).
P. se... | Admission to the integrated M.B.B.S. Course in the government medical colleges in Andhra Pradesh was from two sources, namely, those who had passed the pre University Course and those who had passed the Higher Secondary Course (Multi purpose) and a student from either course had to appear at a competitive test.
By G.O.... |
Appeal No. 527 of 1967.
Appeal from the judgment and decree dated August 2nd/3rd, 1965 of the Mysore High Court in Regular First Appeal No. 147 of 1958.
M. Natesan and K. Jayaram, for the appellant.
section section Shukla, for respondents Nos. 1 to 4.
The Judgment of the Court was delivered by Hedge, J.
This appeal by ... | The appellant was adopted in 1955 by R 's widow after R 's death in 1912.
In 1933, there was a partition between K (R 's father) and his third son L, the only two coparceners existing at that time.
Thereafter, K. bequeathed his properties by will to some of his relations.
Later, there was a further partition between L ... |
Appeals Nos.
347 to 350 of 1960.
Appeals by special leave from the judgment and order dated January 18, 1953, of the Incometax Appellate Tribunal, Calcutta Bench, in Incometax , Appeals Nos. 7062 7064 and C.P.T.A. No. 548 of 1951 52.
N.C. Chatterjee, A. V. Viswanatha Sastri and D.N. Mukherjee, for the appellants.
K.N. ... | The appellant supported his brother and his nephew for a number of years as they were doing no work.
In the year 1943 he made a gift of Rs. 7,60,000 odd to them though he had to overdraw his account with the Bank and to pay interest or the amount borrowed to raise the money.
He also made a transfer of some of his busin... |
iminal Appeals Nos. 89 and 90 of.
Appeals by Special Leave from the Judgment and Order dated the 23rd November 1953 of the High Court of Judicature 'at Bombay in Criminal Appeal No. 1213 of 1953, and from the Judgment and Order dated the 25th August 1953 of the High Court of Judicature at Bombay in Criminal Appeal No. ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
l Appeals Nos.
1091 to 1093 of 1971.
Appeals by special leave from the award dated April 15, 1971 of the Industrial Tribunal, Maharashtra, Bombay in References (IT) Nos. 20 of 1969, 70 of 1970 and 105 of 1969.
V.M. Tarkunde, R. A. Jahagirdar and I.N. Shroff, for the appellant (in all the appeals).
K.T. Sule.
Janardan S... | The appellant carried on the business of manufacturing and selling pharmaceutical products in Greater Bombay.
In disputes arising bet the appellant and the respondents the Industrial Tribunal had to deal with questions relating to dearness allowance, classification of grades and fixation of wages and the incentive bonu... |
Appeal No. 1113 of 1970.
Appeal from the judgment and order dated April 3, 1970 of the Bombay High Court in Company Appeal No. 1 of 1970.
V. M. Tarkunde, R. L. Mehta and 1.
N. Shroff, for the appellant.
M. C. Chagla and section N. Prasad, for Creditors Nos. 1, 3 to 6 and 10.
A. K. Sen and E. C. Agrawala, for creditor N... | The appellants filed a petition for winding up of the respondent company, on the grounds : (1) that the company was unable to pay the debts due to the appellants, (2) that the company showed their indebtedness in their books of account for a much smaller amount, (3) that the company was indebted to other creditors, (4)... |
minal Appeal No. 3 of 1972.
Appeal by special leave from the judgment and order dated January 25, 1971 of the Madhya Pradesh High Court, Indore Bench in Criminal Appeal No. 391 of 1969.
section K. Gambhir, for the appellant.
M. N. Shroff, for the respondent.
The, Judgment of the Court was delivered by Beg, J. Shiv Govi... | A question of sentence is a matter of discretion.
It is well settled that when discretion has been properly exercised along accepted judicial lines.
an appellate Court should not interfere to the detriment of an accused person.
Such interference will be justified only by strong reasons Which must be disclosed on the fa... |
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