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Appeal No. 118 of 1953.
Appeal from the Judgment and Decree dated the 28th July 1949 of the High Court of Judicature for the State of Punjab at Simla in Civil Regular First Appeal No. 365 of 1946 arising out of the Decree dated the 31st day of October 1946 of the Court of the SubJudge, 1st Class, Pathankot in Suit No. ... | It is now well settled that the general custom of the Punjab being that a daughter excludes the collaterals from succession to the self acquired property of her father the initial onus, therefore, must, on principle, be on the collaterals to show that the general custom in favour of the daughter 's succession to the se... |
Special Leave Petition (Civil) No. 10264 of 1988 From the Judgment and Order dated 26.5.1988 of the Karnataka High Court in M.F.A. No. 52 of 1982.
PG NO 886 S.K. Kulkarni and Mrs. Kiran Suri for the Petitioner.
Jagdish G. Yadwad and section Srinivasan for the Respondents.
The Judgment of the Court was delivered by SABY... | The petitioner and the respondents in the S.L.P. were partners in a partnership firm.
On 8th November, 1980, respondent No. l issued a notice calling for dissolution of the firm alleging mismanagement, loss and exclusion from the management, and later filed a civil suit for: (i) dissolution of the firm, and (ii) accoun... |
minal Appeal No. 117 of 1971.
Appeal by Special Leave from the Order dated February 11 1971 of the Rajasthan High Court in S.B. Criminal Misc.
Application , No. 152 of 1971.
Sobhag Mal Jain, for the appellant.
K. Balder Mehta, for the respondent.
907 The Judgment of the Court was delivered by Beg, J.
The appellant was ... | The appellant was convicted by a first class Magistrate under section 406, I.P.C., and was sentenced to two years regorous imprisonment, a fine of Rs. 2000/ and, in default to one year 's further rigorous imprisonment.
On the question of the period of imprisonment that could be imposed in default of payment of fine, HE... |
Appeal No. 855 of 1968.
Appeal by Special Leave from the Award dated October 26, 1967 of the National Industrial Tribunal, Calcutta in Reference No. NIT 3 of 1967.
D. N. Mukherjee, for the appellant.
P. section Khera and section K. Nandy, for respondents Nos. 1 and 3.
The Judgment of the Court was delivered by Vaidiali... | The appellant company declared bonus for the year 1955 56 at 13.51% The workmen demanded bonus at the rate of 20%, the maximum provided in the Payment.of Bonus Act, 1965.
The dispute about the rate of bonus and calculation of the available surplus was referred to the Industrial Tribunal.
The Tribunal held that a sum of... |
Appeal No. 86 of 1959.
Appeal by special leave from the judgment and order dated March 27, 1957, of the Patna High Court in Appeal from Original Decree No. 359 of 1948.
A. V. Viswanatha Sastri and section P. Varma, for the appellant.
882 H. N. Sanyal, Additional Solicitor General of India, R. Ganapathy Iyer and T. M. S... | In the year 1943 the Divisional Superintendent, East Indian Railway placed certain purchase orders with the appellant for the supply of foodgrains for the employees of the East Indian Railway.
The orders were not expressed to be made in the name of the Governor General and were not "executed on behalf of the Governor G... |
A. No. 190 and 191 of 1969, and 63 and 64 of 1972.
Appeals by certificate/special leave from the Judgment and Order dated September 9, 1968 of the Gujarat High Court in Criminal Appeals Nos. 486 and 555 of 1966.
Urmila Kapoor, B. D. Sharma for section P. Nayar and Kamlesh Bansal, for the appellant (In all the appeals).... | D, a Lecturer in a Government College, was appointed as examiner of a physics practical examination held by the Gujarat University.
He allegedly took Rs. 500 from a candidate at the examination for showing him favour .
He was charged with offences under section 161 Indian Penal Code and section 5(2) read with section 5... |
No. 46 of 1972.
S, K. Bagga, for the, petitioner.
Prodyot Kumar Chakravarty and G. section Chatterjee, for the respondent.
The Judgment of the Court was delivered by Khanna, J.
This is a petition through jail under article 32 of the Constitution for issuing a writ of habeas cot pus by Kanu Biswas, who has been ordered ... | The petitioner and his associates attacked a husband and wife with open knives in the third class compartment of a running train and robbed them of valuable property by putting them in fear of death on one occasion, and on another occasion, attacked a police party on the platform of a railway station with bombs.
dagger... |
Appeals Nos. 702 and 703 of 1967.
Appeals from the judgment and order dated September 28, 1960 of the Madhya Pradesh High Court in Misc.
First Appeals Nos. 12 and 16 of 1958.
M. C. Chagla, Rameshwar Nath and Swaranjit Ahuja, for the appellant (in both the appeals).
section T. Desai and D. N. Mukherjee, for respondent N... | The Municipal Corporation of Jabalpur purporated to grant a leave of certain land to the appellant Sabha.
According to the document the period of lease was 30 years.
The appellant was entitled on the expiry of the lease to, have the same renewed on such terms and conditions as might be agreed between the parties, The a... |
minal Appeals Nos.
36 of 1969 and 202 of 1970.
Appeal from the judgment and order dated January 17, 1969 of the Rajasthan High Court in D.B. Criminal Appeal No. 376 of 1965.
A. section R. Chari and Sobhagmal Jain, for the appellant (in, Cr. A. No. 36 of 1969).
K. B. Mehta for the respondent (in Cr. A. No. 36 of 1969) (... | An Inspector of Police was charged with offenses under sections 120B, 161, 218, 347 and 389 I.P.C. and also under section 5(1) (a) read with section 5(2) of the Prevention of Corruption Act.
Another accused was charged along with him for offenses under sections 120B and 165A, I.P.C. The trial court acquitted both the a... |
o. 749 and 750 of 1967.
Appeals by certificate from the judgment and decree dated 19th October 1965 of the Kerala High Court at Ernakulam in Second Appeal No. 400 of 1961.
section T. Desai and A. Sridharan Nambiar for the appellants.
P. Ram Reddy and A. V. V. Nair for respondent No. 1.
The Judgment of the Court was del... | The Thiyyas of the former Calicut, Taluk are governed by the customary law known as Makkathayam and as per the Makkathayam rule of inheritance an undivided brother of a deceased person succeeds to the self acquired property of the deceased in preference to the wife and daughter of the deceased.
Therefore, the daughter ... |
Appeal No. 2461 of 1968.
Appeal by certificate from the judgment and order dated June 6, 1968 of the Mysore High Court in W.P. No. 769 of 1966.
section V. Gupte, for the appellant.
Respondent did not appear.
857 The Judgment of the Court was delivered by Hegde, J.
This appeal arises from certain land acquisition Procee... | A notification under section 4 of the Land Acquisition Act, 1894 in respect of land belonging to the respondent was published in the official gazette of the Government of Mysore on August 17, 1961.
But no notice as required by that section were published in the locality till November 1 and 19 of 1961.
Under section 5A ... |
Appeal No. 1920 of 1968.
Appeal from the judgment and decree dated April 15, 1968 of the Madhya Pradesh High Court in Letters Patent Appeal No. 21 of 1962.
M. C. Chagla, A. K. Verma, B. Datta, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants.
562 Jagdish Swarup, Solicitor General of India, section... | Coal was despatched from colleiries within British India in December 1946 and January and February 1947, to the appellant in Indore.
The respondent filed a suit in 1953 for recovery of coal production cess levied under the Coal Production Fund Ordinance, 1944, and r. 3(1) of the Coal Production Fund Rules, 1944.
On the... |
vil Appeal No. 1630 of 1988.
From the Judgment and Order dated 21.1.
I988 of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No .
232 1/83 BI in Order No .
18/ ]988 'B ' G. Ramaswamy, Additional Solicitor General, K. Swami and Mrs. Sushma Suri for the Appellant.
Ravinder.
Narain.
P.K. Ram... | The respondent is the manufacturer of electric fans.
The company brought into its factory nameplates under Tariff Item 68 of the Central Excise Tariff.
The nameplates were affixed to the fans before marketing them.
The respondent claimed the benefit of proforma credit in terms of Notification No. 201/79 dated 4 6 1979 ... |
Appeal No. 2016 of 1969.
Appeal by Special Leave from the judgment and order dated April 27, 1967 of the Madras High Court in Tax Case No. 75 of 1963.
section C. Manchanda, B. D. Sharma and R. N. Sachthey, for the appellant.
M. C. Chagla, Janendra Lal and B. R. Agarwala, for the respondent.
The Judgment of the Court wa... | The assessee, who was carrying on business in Malaya which was within the war zone, suffered damages to property during the war on account of bombing.
The loss in question was loss of stock in trade.
On the question whether the loss could be given deduction to as a business loss in computing the net income of assessee ... |
minal Appeal No. 240 of 1960.
Appeal by special leave from the judgment and order dated November 25, 1958, of the Punjab High Court in Criminal Appeal No. 114 of 1954.
Jai Gopal Sethi, C. L. Sareen and R. L. Kohli, for the appellant.
N. section Bindra, R. H. Dhebar and D. Gupta, for respondent.
August 30.
The Judgement... | The appellant and another were prosecuted ' for offences under section 5(2) of the Prevention of Corruption Act, 1947.
The trial commenced before the special judge who heard the evidence but before he could deliver judgment was transferred and was succeeded by another special judge.
The latter did not recall the witnes... |
A. No. 2020 of 1972.
Appeal by certificate from the judgment and order dated March 28, 1968 of the Rajasthan High Court at Jodhpur in Income tax ' Reference No. 1 1 of 1963.
N. D. Karkhanis and A. G. Ratnaparkhi, for the appellant.
section C. Manchanda, P. L. Juneja, section P. Nayar and R. N. Sachthey, for the respond... | The assessee, a firm carrying on mining business, took on lease for 20 years certain areas which had been worked previously by.
others, and in which mica pillars had been exposed by those earlier mining operations.
Mica scrap was also lying on the surface.
The assessee paid a sum of money, part of which was towards the... |
Appeal No. 1192 and 1193 of 1967.
Appeal by special leave from the order dated January 13, 1969 of the Punjab and Haryana High Court, at Chandigarh, in L.P.A. No. 6 of 1969.
699 B. Sen and G. D. Gupta, for the appellant.
V. C. Mahajan and R. N. Sachthey, for the respondent.
The Judgment of the Court was delivered by GR... | A notification was issued under section 4 of the Land Acquisition Act on October 15, 1960 for acquisition of the land in dispute.
The Collector did 'not.
cause Public notice of the substance of the notification to be announced at convenient places in the locality where the land sought to be acquired was situate, as req... |
Appeal No. 2262 of 1971.
Appeal by, special leave from the judgment and 'Order dated November 25, 1969 of the Mysore High Court in Writ Petition No. 6201 of 1969.
C. K. Daphtary and R. B. Datar for the appellant.
B. Sen and M. Veerappa for the respondent.
200 The Judgment (A the Court was delivered by MUKHERJEA, J.
Thi... | The appellant was an officer of the old State of Mysore.
A the States Reorganisation Act of 1956, he entered service of the new State of Mysore constituted under that Act.
The appellant was entitled to the benefits of the service rules which obtained before his transfer to the.
new State of Mysore, the relevant rules b... |
Appeal No. 1240 of 1967.
Appeal from the judgment and order dated June 24, 1964 of the Assam and Nagaland High Court at Gauhati in Civil Rule No. 57 of 1963.
D. N. Mukherjee, for respondents Nos. 1 to 3.
B. D. Sharma and section P. Nayar, for respondent No. 4.
The Judgment of the Court was delivered by ALAGIRISWAMI, J.... | On 29 4 1942, a mining lease was granted by the Crown Representative to the father of the respondents for a period of 20 years to operate the coal.
mines.
The father died on 18 5 1961.
On 3 8 61, the respondents applied for renewal of the lease.
By his order dated 27 6 62, the Deputy Commissioner Khasi Jayantia Hills i... |
minal Appeal No. 197 of 1972.
Appeal by special leave from the judgment and order date 24th day of February 1972, of the Delhi High Court in Cr.
Rev. No. 469 of 1970.
section C. Agarwala and A. K. Gupta for the appellant.
D. P. Bhandari and R. N. Sachthey, for the respondent.
The Judgment of the Court was delivered by ... | The appellant was prosecuted under section 9 of the Maintenance of Punjab Security of State Act for addressing a public meeting in which it was alleged that he had incited the defence employees to commit offences prejudicial to security of the.
State or to, the maintenance of public order.
Sec. 9 of the Act prohibits s... |
iminal Appeals Nos.
161 to 163 of 1970.
Appeals by certificate from the.
judgment and order dated May 23, 1969 of the Assam and Nagaland High Court at Gauhati in Cr.
Rev. Nos. 36, 39 and 46 of 1968.
82 0 D. Mookherjee, Avtar Singh, G. Das, section P. Nayar and R. N. Sachthey, for the appellant.
Nuruddin Ahmad and N. N.... | Two army officers and a businessman were put up for trial before the Special Judge under the Criminal Law Amendment Act, 1952.
They were all charged with offences of conspiracy under section 120B, I.P,.
C. read with section 5(2) of the Prevention of Corruption Act and section 420 I.,P.C. The businessman was charged und... |
iminal Appeal.
No. 44 (N) of 1970.
Appeal by special leave from the judgment and order dated December 2, 1969 of the Punjab & Haryana High Court in Criminal Revision No. 612 of 1968.
section K. Dhingra, for the appellant.
Harbans Singh and R. N. Sachthey, for the respondent.
The Judgment of the Court was delivered by M... | The appellant obtained possession of a parcel purporting to contain apples after presenting before the railway authorities a railway receipt endorsed in his favour by the consignee.
The parcel on being opened was found to contain a considerable quantity of opium besides apples.
At his trial for an offence under section... |
minal Appeal No. 223 of 1972.
Appeal by special leave from the judgment and order dated February 10 & 11, 1972 of the Bombay High Court at Bombay in Cr. A. No. 1416 of 1971.
M. L. Srivastava, for the appellant.
H. R. Khanna and section P. Nayar, for the respondent.
The Judgment of the Court was delivered by KHANNA, J.
... | The appellant was convicted by the Sessions Judge for offences under section 302 I.P.C. on two counts for causing the death of a Head Constable and another and sentenced to death on each count.
The appellant was further convicted under section 307 I.P.C. for attempt to murder a P.S.I. and was sentenced to undergo rigor... |
Petition (crl) Nos. 353 and 491 of 1988.
(Under Article 32 of the Constitution of India).
A.S. Pundir for the Petitioners.
PG NO 1025 V.C. Mahajan, Mrs. A. Katiyar, Dalveer Bhandari and Ms. Subhashini for the Respondents.
The Judgment of the Court was delivered by K. JAGANNATHA SHETTY, J.
These two petitions under Art,... | The detenu, in the writ petitions filed by the petitioners under Article 32 of the Constitution, belonged to the Security Unit of Delhi Police.
While on duty, they were alleged to have stopped a rickshaw puller who was carrying some goods to a transport company.
They caught hold of him and started beating him and asked... |
iminal Appeal No. 16 of 1970.
Appeal by special leave from the judgment and order dated the 12 9 69 of the Allahabad High Court, in Criminal Appeal Nos. 1096 and 1097 of 1966.
Nuruddin Ahmed and U. P. Singh, for the appellants.
O. P. O. P. Rana, for the respondent.
The Judgment of the Court was delivered by KHANNA, J.
... | As a result of a fight between the members of the accused party and the party of the complainants the accused were tried and convicted for various offences.
The first.
appellant was convicted of the offence under section 304, Part 1, and of offences under Ss. 148, 323, 324 and 325 read with 14.
The appellants were conv... |
minal Appeal No. 101 of 1972.
Appeal by special leave from the Judgment and order dated the 25th February, 1972 of the Rajasthan High Court at Jodhpur in section B. Criminal Revision No. 52 of 1972.
B. D. Sharma, section K. Bagga, section Bagga, Rani Arora and Yash Bagga, for the appellant.
section M. Jain, for respond... | The appellant filed a complaint against respondent No. 2, his superior officer, in the Postal Department, under sections 323 and 502 of I.P.C. alleging that when the appellant went with a certain complaint to the second respondent, the second respondent kicked him,in his abdomen and abused him by saying "Sale, gunde, b... |
vil Appeal No. 1248 of 1967.
Appeal by certificate from the judgment and order dated April 7, 1966 of the Punjab High Court at Chandigarh in Letters Patent No. 296 of.
section K. Mehta, K. R. Jagaraia and M. Qamaruddin, for the appellants.
H. K. Puri, R. L. Roshan and section K. Dhingra, for respondents Nos.
3 5, 9 & 1... | The appellants.
two brothers and their sons, constituted a firm.
They were declared insolvent and the Official Receiver took possession of all their properties including the building in dispute.
The appellants filed an objection petition under Sec.
60 of the Code of Civil Procedure read with Sec. 4 of the Provincial In... |
s Nos. 39 & 92 of 1969.
Under Article 32 of the Constitution of India for the enforcement of Fundamental rights.
V.M. Tarkunde, G.R. Chopra and C.M. Kohli for the petitioners.
Gobind Das and section K. Nayar, for the respondents (in W.P.No. 39/69) and respondents Nos.
1 4 (in W.P. No. 92/69).
P.K. Chatterjee and G.S. C... | In W. P. No. 92 of 1969, the Petitioner Company prayed for issue of appropriate direction or order for the enforcement of its fundamental rights guaranteed under article 31(1) of the Constitution.
The facts are as follows: The petitioner company was a dealer in non ferrous metals and was a registered supplier to the Di... |
Appeal No. 1825 of 1967.
Appeal by special leave from the judgment and order dated the 18th May, 1967 of the Punjab and Haryana High Court in L.P.A. No. 158 of 1967.
Naunit Lal and Lalit Kohli, for the appellant O.P. Verma, for the respondent The Judgment of the Court was delivered by ALAGIRISWAMI, J.
The property in d... | The respondent 's father, W, who owned the suit property died in 1933.
His widow, who succeeded to the estate, gifted the property to her daughter, the respondent.
The appellants filed a suit as reversioners of W questioning the gift.
The "it 'as decreed and the decree was confirmed on appeal.
After coming into force o... |
minal Appeal No. 248 of 1960.
Appeal by special leave from the judgment and order dated October 31, 1960, of the Rajasthan High Court in D. B. Criminal Appeal No. 290 of 1960 and D. B, Criminal Murder Reference No 7 of 1960.
591 R. L. Anand, C. L. Sareen and B. L. Kohli, for the appellants.
S.K. Kapur and T. M. Sen, fo... | The appellants were convicted on a charge of murder on the sole testimony of one witness.
Another prosecution witness deposed that the former witness told him immediately after the incident that the appellants were responsible for the murder.
The question which arose was whether it was necessary for the former witness ... |
l Appeal No. 1827 of 1967.
Appeal by special leave from the judgment and order dated the '29th April 1966 of the Rajasthan High Court at Jodhpur in D. B. ,Civil Regular First Appeal No. 57.
U. N. Trivedi and Ganpat Rai, for the Appellants.
Sobhagmal Jain, for the respondent.
The Judgment of the court was delivered by M... | The deceased, who was at the material time in the employment of the State of Rajasthan in the Public Department, was required to proceed from his office at Bhilwara to Banswara, in connection with famine relief work undertaken by the department.
For that purpose, he boarded a truck owned by the department from Bhilwara... |
Appeal No. 1991 of 1971.
From the Judgment and, Order dated the 29th March, 1971, of the Bombay High Court and Bombay in Appeal No. 87 of 1970.
V.M. Tarkunde and Rameshwar Nath for the appellant K.S. Ramamurthy and B.R. Agarwal for the respondent.
The Judgment of the Court was delivered by RAY, C. J.
This is an appeal ... | The appellant filed the suit against the respondent in 1964, on the original side of the High Court, claiming six months salary in lieu of notice and gratuity.
An application for amendment of the plaint in regard to damages for the right to pension was made in 1970.
The respondent contended that the amendment should no... |
Appeal No. 1955 of 1970.
Appeal by Special Leave from the judgement & other dated the 5th November, 1969 of the Punjab & Harayana High Court in Civil Write No. 309 of 1969.
R. K. Garg, section C. Agarwala and V. J. Francis, for the appellant.
775 V. C. Mahajan and 0.
P. Shorma, for the respondents.
The Judgment of the ... | The appellant was appointed on 20 May, 1965, on two years ' probation.
On 1 July, 1967 there was an order extending the period of probation by one year.
On May 20, 1968, there was an order terminating the services of the petitioner.
On July 20, 1968 there was an order revoking the order of termination and extending the... |
No. 379 of 1974.
Petition under article 32 of the Constitution of India.
Govinda Mukhoty, for the petitioner.
P. K. Chatterjee and G. section Chatterjee, for the respondent.
The Judgment of the Court was delivered by BHAGWATI, J.
The District Magistrate, 24 Parganas, by an order dated 29th December, 1973 made under sub... | The petitioner was directed to be detained by an order of the Dist.
Magistrate under the .
with a view to preventing him from acting in a manner prejudicial to the maintenance of public order.
The order was made on December 29, 1973.
and the fact of making the order was reported to the State Government on January 2, 19... |
Civil Appeal No. 6 of 1976.
From the Judgment and Order dated 12.11.1973 of the Madras High Court in Writ Appeal No. 390 of 1969.
V.C. Mahajan, C.V. Subba Rao and K.M.M. Khan for the Appellants K.N. Bhat and Vineet Kumar for the Respondent.
PG NO 1053 The Judgment of the Court was delivered by SHARMA, J.
This appeal ar... | The respondent assessee built up a factory for the manufacture of paper and paper boards, which started production on 7.5.1964.
The respondent claimed that the duty in respect of the paper boards manufactured in the factory during the period 7.5.1964 to June 1966 was payable at the concessional rates allowed by the Gov... |
Civil Appeal No. 1142 of 1969.
Appeal by special leave from the award dated the 8th November 1968 of the Labour Court, Poona in Reference (IDA) No. 9 of 1967.
B. Pai, O. C. Mathur, D. C. Shroff and O. N. Mishra, for the appellant.
section C. Manchanda and A. G. Ratnaparkhi, for the respondents.
The Judgment of the Cour... | Section 2A of he , provides that where any employer discharges, dismisses, retrenches or otherwise terminates the service of an individual workman, any dispute or difference between that workman and his employer connected with or arising out of such discharges etc., shall be deemed to be an industrial dispute notwithst... |
Civil Appeal No. 2034 of 1970.
Appeal by special leave from the Judgment and order dated the 8th July, 1969 of Calcutta High Court in I.T.R. No. 60 of 1968.
D. N. Gupta, for the appellant.
G. C. Sharma, O. P. Dua and section P. Nayar, for the respondent.
The Judgment of the Court was delivered by GUPTA, J.
This appeal ... | The appellant company which carried on business in tea garden tools and requisites and also acted as agents for selling tea, derived the bulk of its income from selling commission on tea.
The assessment year in question is 1950 60.
In the relevant previous year which ended on June 30, 1958 the assessee for the first ti... |
Civil Appeal No. 481 of 1973.
From the Judgment and order dated the 9th February 1973 of the Mysore High Court at Bangalore in W.P. No. 1922 of 1970.
H. B. Datar and K. N. Bhat, for the appellant.
section section Javali and B. P. Singh, for the respondents Nos. 1, 3 13 The Judgment of the Court was delivered by GOSWAMI... | The appellant was granted a stage carriage permit by the Regional Transport Authority in May, 1963.
Appeals against the grant to the State Transport Appellate Tribunal and further appeals to the Mysore Revenue Appellate Tribunal were dismissed.
Thereafter, in April, 1967, the Secretary of the Regional Transport Authori... |
Civil Appeal Nos.
1988 1989 of 1970.
From the Judgment and order dated the 29th day of October, 1968 of the Kerala High Court in W.P. No. 156 of 1967.
V. A. Seiyed Muhamad and K. M. K. Nair, for the appellant (In C.A.No. 1988/70.
K. M. K. Nair, for the appellant (In C.A. No. 1989/70) G. B. Pai, A. G. Meneses, for the r... | According to r. 9(1) of the Kerala General Sales tax Rules framed under.
the Kerala General Sales tax Act, 1963, in determining the taxable turnover of a dealer the excise duty, if any, paid by the dealer to the Government of Kerala or to the Central Government in respect of the goods sold by him shall be deducted.
Sec... |
Civil Appeals Nos.
1213 1220.
1353, 1354, 1385 1386, 1387 1388, 1564, 1566 1567, 1579 1581.
1608, 1622, 1623 1624, 1626, 1630, 1647, 1764, 1862, 1432, 1433 & 1871 of 1974.
from the judgment and Order dated the 9th day of May 1974 of the Rajasthan High Court in W.P. Nos.
1497 1503 & 1505/1971.
221 A. K. Sen and B. D. Sh... | The licenses for sale of country liquor were granted under the Rajasthan Excise Act, 1950.
For the years 1962 63 and 1963 64 licenses for sale of country liquor were given to contractors under a guaranteed system.
There was a total Guarantee amount.
Where the contractors failed to fulfil the guaranteed amount and there... |
ivil Appeals Nos.
1266 & 1267 of 1969.
From the Judgment and order dated the 29th July, 1968 of the Patna High Court in Civil Writ Jurisdiction Case No. 61 of 1967 H. K. Puri and K. K. Mohan, for the appellant 264 D. Goburdhan, for respondent Nos. 1 and 2 (In both the appear) Respondent No. 21 (In C.A. No. 1266/69) and... | The Government of Bihar sent to the Labour Court, Chota Nagpur Division, Ranchi, application in respect of 73 workers of the appellant for decision under sec.
33C(2) of the for retrenchment compensation.
The contention of the appellant was that it was a case of closer for reasons beyond its control and that, therefore,... |
Civil Appeal No. 1327 of 1973.
From the judgment and order dated the 21st July 1973 of the Madhya Pradesh High Court in Election Petition No. 36 of 1972.
N. M. Ghatate and section Balakrishnan, for the appellant.
247 section section Khianduja, for respondent No. 1.
The Judgment of the Court was delivered by KHANNA, J.
... | The election for Pandhurna Constituency for the M.P. legislative Assembly took place in March, 1970.
There were 6 candidates who contested the election.
The main contest was between respondents nos.
1 and 2.
Respondent No. 1 was declared elected.
The appellant, a voter, filed an Election Petition challenging the electi... |
Appeals Nos. 45 and 46 of 1959.
Appeal by special leave from the judgment and order dated March 25, 1957, of the former Bombay High Court in Appeal No. 16 of 1957.
Q. K. Daphtary, Solicitor General of India, H. J. Umrigar and D. Gupta, for the Apellant (In C. A. No. 45 of 59) and Respondent (In C. Appeal No. 46 of 59).... | The respondents firm claimed exemption from Sales Tax under article 286(i)(b) of the Constitution in respect of sales 925 made by them of cotton and castor oil on the ground that the sales were on F.O.B. contracts under which they continued to be the owners of the goods till those crossed the custom barrier and entered... |
Civil Appeal No. 104 of 1975 Appeal by special leave from the judgment and order dated the 12th December, 1974 of the Allahabad High Court in Application Paper No. A 53 in Election Petition No. 30 of 1974.
Yogeshwar Prasad and Rani Arora, for the appellant K C. Agarwala and K. M. L. Srivastava, for respondent No. 1.
Th... | An application for delivery of interrogatories is one of the logical steps in aid of the prosecution of an election petition and is fully covered by section 87 of the Representation of the People Act, 1951.
C(1) (1) Order XI, C.P.C., forms part of the trial of suits and is not a special procedure.
Order X relates to th... |
ivil Appeal NOS.
574 575 of 1974.
From the judgment and decree dated the 19th April, 1973 of the Gujarat High Court in Civil Revision Application Nos.
1193 & 1194 of .1967.
P. H. Parekh and Manju Jaitley" for the appellant.
I. N. Shroff, for respondent.
The Judgment of the Court was delivered by CHANDRACHUD, J.
The app... | Section 13 of the Bombay Rents, Hotel and Lodging House Rates Control.
Act, 1 VII of 1947 (which was the Act in force in Gujarat) enumerates the grounds on which a landlord may obtain possession of the premises let out to a tenant.
Clause (g) of that section provides that the landlord can obtain possession only if he s... |
Criminal Appeal No. 640 of 1988.
From the Judgment and Order dated 27.4.1987 of the Delhi High Court in Crl.
Rev. No. 221 of 1986.
B. Datta, Additional Solicitor General, Kitty Kumar Mangalam and Miss A. Subhashini for the Appellant.
Hardev Singh and R.K. Agnihotri for the Respondent.
The Judgment of the Court was deli... | Many explosions took place in May 1985 in Delhi and Uttar Pradesh killing many persons.
Consequently, a number of cases were registered.
In Delhi, FIR No. 238 of 1985 was registered wherein the respondent and another accused turned approvers and were granted pardon under section 306 of the Code of Criminal Procedure, 1... |
Civil Appeal No. 159 of 1974.
From the Judgment and Order dated 4 4 1973 of the Punjab and Haryana High Court at Chandigarh in R.S.A. No. 1482 of 1961.
488 N. N. Goswamy and Arvind Minocha, for the appellant.
Kapil Sibbal and D. Probir Mitra, for respondents.
The Judgment of the Court was delivered by MATHEW, J.
This i... | The appellant filed the suit on the basis that as the Mahant of a Dera he was entitled to possession and management of the properties of its branch Dera.
The defendant contended that it was an independent Dera and that he was in possession of the properties as its lawfully appointed Mahant.
The trial court decreed the ... |
Appeal No. 1527 of 1974.
Appeal by Special Leave from the Judgment & Order dated the 14th December, 1973 of the Delhi High Court in Civil Writ No. 1678 of 1967.
F. section Nariman, Addl.
Gen. of India, D. N. Mukherjee and R. N. Sahthey, for the Appellants.
N. A. Palkhiala, Ravinder Narain, J. B. Dadachanji, O. C. Mathu... | The respondent manufactures hot rolled finished steel products in rectangular cross section, of thickness varying between 16.2 mm and 311.2 mm in coils (hereinafter a referred to as the Product) product as Strip whereas the appellant classifies it as a skelp.
to higher excise duty than Strip.
The Assistant Collector th... |
: Criminal Appeal No. 74 of 1971.
Appeal by Special Leave from the Judgment and order dated the 25th January 1972 of the Bombay High Court in Criminal Appeal 1025 of 1959.
N. H. Hingoorani and Mrs. K. Hingoorani for the Appellant.
section B. Wad and Al.
N. Shroff for the Respondent.
The Judgment of the Court was delive... | Section 123(1) of the , provided that, where any goods to which this section applies are seized under this Act in the reasonable relief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be on the person from whose possession the goods were seized.
On 21 4 1967 Police officers of... |
Civil Appeal No. 38 of 1954.
Appeal from the Judgment and Decree dated the 14th day of March 1951 of the High Court of Judicature at Patna in M.J.C. No. 230 of 1949.
Mahabir Prasad, Advocate General for the State of Bihar (R. J. Bahadur and section P. Varma, with him '), for the appellant.
C. K. Daphtary, Solicitor Gen... | The appellant in this appeal had been assessed to Income Tax which was reduced on appeal but that assessment was set aside by the Income Tax Appellate Tribunal on the ground that the Indian Finance Act of 1939 was not in force during the assessment year in Chota Nagpur.
On a reference by the Tribunal the High Court con... |
Civil Appeal No. 748 of 1968.
637 (Fazal Ali, J.) Appeal by Special Leave from the Judgment and Decree dated the 14th February, 1967 of he Bombay High Court in Civil First Appeal No. 888 of 1959.
F. section Nariman and I. N. Shroff for the appellant.
K. section Ramamurthi and K. Rajendra Choudhury, for the Respondent.
... | The plaintiff appellant entered into an agreement with the respondent to supply electrical energy to the respondent in 1944.
This agreement expired towards the end of January 1951, and which was to commence from February 1951, was executed between the parties.
This agreements was to ensure for a period of five years.
C... |
Civil Appeal No. 496 of 1974.
Appeal by Special Leave from the Judgment and order dated the 2nd May, 1973 of the Punjab and Haryana High Court in R.S.A. No 1469 of 1969.
O. P. Sharma for the appellant.
R. N. Dikshit for Respondent No. 1.
The Judgment of the Court was delivered by RAY, C.J.
This appeal is by special lea... | The vendors sold the suit land,to the appellants (vendees) by a registered deed of sale for Rs. 43,000/ .
The ' respondents filed the suit for possession by pre emption of the land in payment of Rs. 30,000/ on the allegations that the respondents were on the date of sale tenants of the land under the vendors.
I They al... |
ON: Criminal Appeal No. 392 of 1974 Appeal by Special Leave from the Judgment and order dated the 25th April, 1974 of the Andhra Pradesh High Court in Criminal Appeal No. 701 of 1972.
P. Basi Reddy and G. Narasimhulu, for the appellant, A, section Mulla, T. V. section N. Chari and P. P. Rao, for the respondent.
The Jud... | On a report given by the father, regarding the disappearance of his two daughters, investigation was taken up by the D.S.P. because of certain special circumstances.
After completing the investigation, A 2, a sub inspector of police, A 1, his friend, and another were charged with offenses under sections 120B, 366, 376.... |
303 of 1960.
Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights.
C. K. Daphtary, Solicitor General of India, N. Sharma, section C. Nath and R. Gopalakrisnan, 'for the Petitioner.
M. C. Setalvad, Attorney General `for India and Naunit Lal, for the Respondents.
September 29.
The Judgm... | In exercise of the powers conferred by section 3 of the: Essential commodities Art, 1955, the Assam Government made the Assam Foodgrains (Licensing and Control) Order, 1961.
This Order provided that no person could do business in foodgrains including, rice and paddy, in wholesale quantities except under a licence issue... |
N: Criminal Appeal No. 108 of 1971.
Appeal by Special Leave from the Judgment and order dated the 20th November, 1970 of the Allahabad High Court in Criminal Appeal No. 495 of 1968.
D. Mukherjee, U. K. Jha and U. P. Singh: for the Appellant.
D. P. Unival and o. P. Rana for the Respondent.
The Judgment of the Court was ... | The 4 appellants were tried along with 14 others for the offence of rioting in the course of which 2 murders were committed at 6 30 a.m on 7 1967.
The prosecution revealed a long standing enmity between the tyo groups; one to which the appellants belonged and the other to which the deceased belonged.
The defence case w... |
Civil Appeal No. 1827 of 1969.
Appeal by Special Leave from the Judgment and order dated the 28th November, 1968 of the Orissa High Court in O.J.C. No. 152 of 1964.
F.S. Nariman, A. G. Meneses, Sharad Manohar and J. B. Dada chanji, for the Appellant.
S.T. Desai and M. N. Shroff ' and R. N. Sachthey for Respondents 1 an... | In 1957, the Hindustan Steel Limited (Company) and the appellant (contractor) entered into a contract for execution of the foundation and civil engineering work of the hot and cold rolling mills at Rourkela.
The Company was to pay to the Contractor all costs of construction and in addition pay fixed overhead charges fo... |
Criminal Appeal No. 227 of 1983.
From the Judgment and Order dated 19.8.1982 of the Allahabad High Court in Crl.
Appeal No. 680 of 1976.
R.L. Kohli and Shakil Ahmed Syed for the Appellants.
Prithvi Raj and Dalveer Bhandari for the Respondent.
The Judgment of the Court was delivered by K.N. SAIKIA, J.
This appeal by spe... | The four appellants along with seven other accused were tried under Sections 147, 148 and 302 read with 149 of the Indian Penal Code.
The trial Court convicted the eight accused, including the four appellants, under section 302/149 I.P.C. and awarded life imprisonment.
Appellants Nos. 1, 2 & 4 were also convicted under... |
Civil Appeal No. 2203 of 1970.
Appeal by Special Leave from the Judgment and order dated the 26th September.
1969 of the Allahabad High Court in Income Tax Ref No. 420 of 1963 11 L9255SupCI/75 650 A. K. Sen and M. M. Kshatriya, for the appellant.
B. B. Ahuja and section P. Nayar, for the respondent.
The Judgment of the... | An analysis of section 10(2) (xv) of the Income tax Act, 1922, shows that in order to be a deductible expenditure the amount has to fulfil two conditions, (i) that it must be laid out wholly and exclusively for the purpose of the business, profession or vocation.
and (ii) that it should not be an expenditure of a capit... |
ivil Appeals Nos. 817 to 819 of 1968 and 1456 to 1458 of 1969 From the Judgment and order dated the 19th May, 1966 and appeals by Special Leave from the Judgment and order dated the 7th November 1968 of the Punjab & Haryana High Court in C.W. No. 2205, 2206 and 2215 of 1965 and in C. Revsn.
771 to 773 of 1967 respectiv... | Section 18(1) of the Punjab Security of Land Tenures Act, 1953.
lays down that, notwithstanding to the contrary contained in any law, usage or contract, a tenant of a land owner other then a small land owner shall be entitled to purchase from the land owner the land so held by him in the Case of a tenant falling within... |
Civil Appeal No. 1154 of 1972.
Appeal by special leave from the Judgment and order dated 18th December, 1969 of the Allahabad High Court in Special Appeal No. 324 of 1962.
827 Yogeshwar Prasad, section K. Bagga, Mrs. section Bagga and Miss Rani Arora, for the appellant.
G. N. Dikshit and O. P. Rana, for the respondent.... | The appellant is a tenant or Plot No. 428.
A notification was issued under Section 4 (1) of the Land Acquisition Act for setting up an industrial estate in respect of Plot No. 428 and Plot No. 436.
By a notification under Section 17 (4) the provisions of section 5A were dispensed with in the ground that provisions of s... |
Civil Appeal No. 200 of 1954.
Under Article 133 of the Constitution and section 109 of the Code of Civil Procedure from the Judgment and decree dated the 6th December 1952, of the Circuit Bench of the Punjab High Court at Delhi (Weston C.J. and Bhandari J.) in Regular First Appeal No. 72 of 1952, arising out of the Jud... | During the years in question cloth was rationed at Lyallpur, then a part.
of the Punjab in undivided India, and sales could only be made to government nominees and other authorised persons.
The plaintiffs, resident in Lyallpur, were the government nominees, The 403 defendant company, with its head office at Delhi had a... |
Civil Appeal No. 30 of 1971.
Appeal by special leave from the judgment and order dated the 19th February, 1970 of the Andhra Pradesh High Court in case Reference No. 2 of 1967.
R. M. Mehta and section P. Nayar for the appellant.
P. Ram Reddy and A.V.V. Nair for the respondent.
The Judgment of the Court was delivered by... | Under section 5 (a) and (j) of the Expenditure Tax Act, 1957, no expenditure tax shall be payable on any expenditure incurred by the assessee wholly and exclu sively for the purpose of his business profession or vocation, and on any expenditure incurred by the assessee by way of donation.
The respondent assessee was th... |
Civil Appeal No. 548 of 1958.
Appeal by Special Leave from the judgment and order dated March 27, 1957, of the Patna High Court in Misc.
Judicial Case No. 315 of 1956.
B. Sen, P. W. Sahasrabudhe and A. C. Ratnaparkhi.
for the Appellant K. L. Hathi and R. H. Dhebar, for Respondent No. 1.
N. C. Chatterjee and section N. ... | The appellant was appointed as the Chief Labour officer by the Company in 1947.
In December; 1955, the company terminated his services The appellant, claiming to be a Welfare officer, preferred an appeal to the Chief Inspector of Mines under r. 74(2) of the Mines Rules, 1955.
^ Held, that the appellant was not a Welfar... |
Civil Appeals Nos. 106 and 107 of 1975.
Appeals by Special Leave from the Judgment and Order dated 18 10 74 of the Orissa High Court in O.J.C. Nos. 851 and 850 of 1972 respectively.
section V. Gupte (In CA 107/75) and Vinoo Bhagat for the Appellant.
G. Rath, Advocate General, and B. Parthasarthi for Respondent No. 1 (I... | Under cl. 13 of the agreement between the parties the tariff and conditions of supply of electricity were subject to any revision that may be made by the supplier from time to time.
Clause 23 states that any dispute or difference arising between the consumer and the supplier shall be referred to an arbitrator.
The resp... |
N: Criminal Appeal No. 227 of 1972 From the Judgment and order dated the 8th September, 1972 of the Madhya Pradesh High Court in Criminal Appeal No. 927/69.
Mohan Behari Lal for the Appellant.
Ram Panjwani, Dy.
Advocate General for the State of M.P., N. section Parihar and I. N. Shroff for the Respondent.
ORDER CHANDRA... | The appellants were tried by the Sessions Judge on the charge of committing murder of Bahadur Singh.
The prosecution relied on the evidence of two eye witnesses and three dying declarations made by the deceased.
The two eye witnesses supported the prosecution case only partly and were, therefor, permitted to be cross e... |
N: Criminal Appeal No. 115 of 1971.
From the judgment and order dated 16th June 1970 of the Calcutta High Court in Criminal Revision Case No. 650 of 1967 and 934 Criminal Appeals Nos.
256 and 257 of 1971 Appeals by special leave from the judgments and order dated the 27 4 67 and 28 1 71 of the Calcutta High Court in Ca... | The respondent, a director of a company was charged with offences under sections 418 and 471 read with sections 468 and 477A, I.P.C. on the ground that he defrauded the company.
At the trial, a single Judge of the High Court discharged the respondent on the view that he had no jurisdiction to proceed with the trial by ... |
vil APPEAL No. 198 of 1956.
Appeal from the judgment and decree dated August 24, 1950, of the Allahabad High Court in Execution First Appeal No. 399 of 1947.
Gopi Nath Kunzru and Ganpat Rai, for the appellants G. section Pathak and G. C. Mathur, for the respondent.
October l 2.
The Judgment of the Court was delivered b... | The Banaras Bank Ltd. was ordered by the Allahabad High Court to be compulsorily wound up.
The High Court passed an order under section 187 of the Indian Companies Act, 1913, directing the appellants, whose names had been placed on the list of contributors, to pay a certain sum of money to the official Liquidator.
The ... |
Special Leave Petition (Civil) Nos.
15054 57 of 1985.
From the Judgment and Order dated 30.1.1985 of the Allahabad High Court in Sales Tax Revision No. 334, 418, 285 and 332 of 1984.
S.C. Manchanda, R.S. Rana and Ashok K. Srivastava for the Petitioner.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
... | % The respondent assessee carried on business in Tendu leaves.
He contended before the Assessing Authority that there was no inter state sale of Tendu leaves, that the entire sales of Tendu leaves were effected in Uttar Pradesh, and that he did not know if the purchasers had taken these Tendu leaves to places outside U... |
Criminal Appeal No. 738 of 1981.
From the Judgment and Order dated 29.8.1980 of the Himachal Pradesh High Court in Criminal Appeal No. 41 of 1980.
Balakrishna Gaur, Amicus Curiae for the Appellant.
K.G. Bhagat, Harish Kumar Sharma and Ms. A. Subhashini for the Respondent.
The Judgment of the Court was delivered by AHMA... | It was alleged that the appellant, a youth of 18 years, forcibly lifted P.W. 1, a girl of tender age of 11, 12 years, took her to a shallow place, and committed rape on her, on account of which she began to bleed profusely; that on hearing the call of P.W. 7 the appellant ran away.
A report was lodged with the police n... |
Civil Appeal No. 824 of 1968.
Appeal by Special Leave from the Judgment and order dated the 23 8 1967 of the Allahabad High Court in Civil Misc.
(Review) application No. 32 of 1966 (in S.A. 4357/65).
J. P. Goyal for the Appellant.
V. section Desai and V. N. Ganpule for Respondent No. 1.
The Judgment of the Court was de... | 'N ' a widow of 'H ', who, under the Hindu law then applicable and in the presence of her three sons did not get any share or interest in the house left by her late husband and therefore got a life interest by virtue of a registered award filed 3 suit under order 21 Rule 63 C.P.C. to establish her claim to the property... |
No. XIII of 1950.
Application under article 32 (1) of the Constitution of India for a writ of habeas corpus against the detention of the appellant in the Madras jail in pursuance of an order of detention made under the .
The material facts of the case and arguments of counsel are set out in detail in the judgments.
The... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
Civil Appeal No. 37 of 1968.
Appeal by special leave from the judgment and order dated 17 5 1966 of the Allahabad High Court in Special Appeal No. 640 of 1965.
R. K. Garg, section C. Agrawala and V. J. Francis, for the appellants.
B. D. Sharma, for respondents Nos. 4 and S The Judgment of V. R. Krishna Iyer and section... | (A) The object of a family arrangement is to protect the family from long drawn litigation or perpetual strife which mars the unity and the solidarity of the family.
A family arrangement by which the property is equitably divided between the various contenders so as to achieve an equal distribution of wealth, instead o... |
Civil Appeal No. 1148 of 1975.
Appeal by special leave from the judgment and order dated the 2 12 1974 of the Andhra Pradesh High Court in writ petition No. 2250 of 1973.
327 M. C. Bhandare and Miss A. Subhashini for the appellant.
P. Ram Reddy and P. P. Rao for the respondent.
The Judgment of the Court was delivered b... | Kollayya and Narasimaiah carried on business in partnership.
The firm incurred huge losses and was dissolved in 1963.
Kollayya 's son Bala and Bala 's son B.V.S. Rao carried on joint Hindu Family business.
B.V.S. Rao applied, being a minor, through his father Bala, for registration which was granted by the Sales Tax Au... |
Civil Appeal No. 292 of 1973.
(Appeal by special leave from the judgment and order dated the 25 4 1972 of the orissa High Court of Judicature at Cuttack in O.J.C. No. 82 of 1968).
section N. Andley and A. Subbarao for the appellant.
M. C. Bhandare and B. Parthasarathi for respondent No. 3.
M/s. section N. Prasad and Gi... | The appellant was an erstwhile member of the Indian Administrative Service in the cadre of the State of orissa.
At the relevant time in the year 1967, he was serving as Commissioner of Land Reforms, orissa.
According to the appellant he had disputes, differences and animosity with respondent No. 1, the Chief Secretary ... |
N: CRIMINAL APPEAL No. 253 of 1971.
Appeal by Special leave from the Judgment and order dated 11.2.1971 of the Allahabad High Court in Criminal Appeal No. 1285/70.
O. P. Rana, For the appellant Shiv Pujan Singh, for the respondent The Judgment of the Court was delivered by 381 GOSWAMI, J.
This appeal by special leave a... | The accused and the deceased are close relatives, as per the following pedigree: Ramcharan (1) Ram Khelawan (2) Balram (3) Khuddi (4) Vishwanath Shankar Kanker Channu Shivnath Jagannath (PW)SI S2 S3 S4 (PW2) (Deceased) Sheo Murat Ram Kishan Shobha Moti Lal Bhagwantia (Acd) SI (Acd) S2 (Acd) S3 (Acd) S4 (Sister) Dl Shya... |
Civil Appeal No. 2307 of 1969 (Appeal by Special leave from the Award dated the 1st April 1969 of the Addl.
Industrial Tribunal, Delhi in I. D. No. 83 of 1968) and Civil Appeals Nos.
1857 1859/70.
(Appeals by Special Leave from the Judgment and order dated the 17th November 1969 of the Addl.
Labour Court, Madras in cla... | The respondent company manufacturing tyres in Bombay, due to the general strike in its factory between the period 3rd March 1967 and 16th May 1967 and again from 4th October 1967 and due to the consequent short supply of tyres had to lay off 17 out of its 30 workmen in the Delhi distribution office and also some out of... |
: Criminal Appeal No 188 of 1971.
Appeal by special leave from the judgment and order dated the 29 9 1970 of the Gujarat High Court in Criminal Appeal No. 410 304 D. Mookherjee, section K. Dholakia and M. N. Shroff, for the appellant.
K. J. Shethna and Vimal Dave and Miss Kailash Mehta, for the respondent.
The Judgment... | On August 23, 1969, the respondent accused came in a tractor and stopped it on the highway.
Seeing the parked truck GTF 904 which he used to drive previously, the accused used the key of his tractor to start the same and drove it with the head lights on in full speed.
The conductor of the truck owner was also in the tr... |
Civil Appeals Nos. 356 and 357 of 1961.
Appeals by special leave and certificate from the judgment and orders dated October 16, 1959, and February 16,1960, of the Madhya Pradesh High Court in L. P. A. No. 93 of 1957 and Misc.
Petition No. 254 of 1959 respectively.
152 section T. Desai and N. H. Hingorani, for the appel... | The respondents carried on business of extraction of oil from oil seeds.
The appellant Municipality charged octroi duty at Rs. 4 11 0 percent ad valorem under item 44 of the schedule of goods attached to the Rules framed by the Municipality.
The respondent 's case was that they were liable to pay octroi under item 4 of... |
Civil Appeal No. 1203 of 1968.
From the order dated the 4 4 1967 of the Punjab and Haryana High Court in L.P.A. No. 104 of 1967.
O. P. Sharma, for the appellant.
H. K. Puri and M. C. Dhingra, for the respondent.
The Judgment of the Court was delivered by JASWANT SINGH, J.
This appeal by certificate of fitness granted b... | Purporting to act under r. 6.4 of the Punjab Civil Service Rules.
the State imposed a cut of 5 per cent on the pension and death cum retirement gratuity of the respondent.
who was a retired Government servant, on the ground that his service record was not satisfactory.
The High Court allowed the respondent 's writ peti... |
ivil Appeal Nos. 850852 of 1988.
From the Order dated 23.10.87 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. 830/83 B2 and C/3 105 & 3 105 of 87/B 2.
Order Nos.
2091 to 2093/87 B. A.N. Haksar, H.S. Anand and Mrs. M. Karanjawala for the Appellants.
G. Ramaswamy, Additional Solicito... | Customs Notification No. 200/79 dated 28.9.1979 exempts components required for the manufacture of heavy commercial motor vehicles or of tractors from customs duty in excess of 25 per cent ad valorem and whole of the additional duty leviable thereon.
Notification No. 179/ 80 dated 4.9.1980 exempts components required f... |
Civil Appeal No. 1432 of 1968, (From the judgment and decree dated the 26 10 1959 of the Patna High Court in appeal from original decree No. 280 of 1953.) Sarjoo Prasad with D. Goburdhun, for the appellants.
V. section Desat with D. P. Mukherjee for respondents 3, 4, S, 6(a) 14 and is.
Ex parte, for respondents 1, 2, 6... | The plaintiff appellants filed a suit against defendants for a declaration of their title to the land in question admeasuring 142 bighas.
The trial Court dismissed the suit in respect of land admeasuring 28 acres and decreed the suit in respect of the remaining land.
The plaintiffs ' suit was held to be barred in respe... |
ivil Appeal Nos.
980 982 of 1971.
Appeals by Special Leave from the Judgment and Order dated the 9 2 70 of the Andhra Pradesh High Court in case Referred No. 1 of 1967.
R. Vasudev Pillai and P. K. Pillai for the Appellant.
R. M. Mehta and section P. Nayar, for the Respondent.
The Judgment of the Court was delivered by ... | The Government of India was placing bulk purchase orders with the assessee company, a textile mill, which had, during the assessment years 1945 46, 1946 47 and 1947 48, its registered office in the Hyderabad State outside British India.
After the despatch of the goods, the assessee was submitting its bill in the prescr... |
Civil Appeal No. 847 of 1974.
Appeal by Special Leave from the Judgment and Decree dated the 3 10 72 of the Mysore High Court in Regular Second Appeal No. 729 of 1967.
section section Javali and H. K. Puri, for the Appellant.
Narain Nettar, for the Respondent.
The Judgment of the Court was delivered by JASWANT SINGH, J... | The appellant was a Police Constable.
Some persons were convicted for transporting smuggled illicit liquor under section 66(b) of the Bombay Prohibition Act.
The Police Sub Inspector submitted a Confidential report on that incident to the Superintendent of Police and pointed out that some Police Constables including th... |
Civil Appeal No. 1101 of 1969.
From the Judgment and Order dated the 26th April 1968 of the Calcutta High Court in Wealth Tax Matter No. 421 of 1964.
section T. Desai, B. B. Ahuja, S P. Nayar and R. N. Sachthey, for the Appellant.
section K. Sen, A. K. Nag and D. P. Mukherjee for the Respondents.
The Judgment of the Co... | Rejecting the respondents ' plea that as persons governed by the Dayabhaga School of Hindu Law they had held definite and determined shares in the properties inherited by them from their father and were liable to separate assessment of wealth tax, the Wealth Tax Officer assessed them as a Hindu Undivided Family.
On app... |
Civil Appeals Nos.
1076 1079 of 1971.
Appeals by special leave from the judgment and order dated the 8th January, 1970 of the Allahabad High Court in special appeals Nos.
965 to 968 of 1964.
V. M. Tarkunde, E.C. Agarwala and Miss Manik Tarkunde, for the appellant.
G. N. Dikshit, Shivapujan Singh, advocate for O. P. Ran... | The appellant acquired some land in district Jaunpur, for setting up a factory, but did not use the land for such purpose.
Under the U.P. Large Land Holdings Act, 1957, he was required to pay holdings tax for the assessment years 1365 to 1368 Fasli.
The appellant 's application section 143 of the U.P. Zamindari Aboliti... |
: Criminal Appeal No 219 of 1975 (Appeal by special leave from the judgment and order dated the 20th October, of the Andhra Pradesh High Court at Hyderabad in Criminal Misc.
Petition No 1890 of 1975) P B Basi Reddy, and AV V Nair for the appellants.
M R K Chaudhary and B K Kanta Rao for respondent No 1 525 P. Ram Reddy... | On receiving a complaint against the appellants, for allegedly Committing offences under sections 147, 148, 307, 395, 448, 378 and 342, I.P.C., the Judicial Magistrate, F.C. Dharmavaram., forwarded it to the police under section 156(3) Cr.
P.C. for investigation The appellants filed an application in the High Court und... |
Civil Appeal No. 1370 of 1968.
Appeal by Special Leave from the Judgment and order dated the 6th March, 1967 of the High Court of Judicature at Allahabad in First Appeal No. Nil of 1965.
J. P. Goyal and section M. Jain, for the Appellants.
G.L. Sanghi, D. N. Misra and O. C. Mathur, for Respondent No. 1.
G. N. Dixit and... | Schedule II, Article 11 of the Court Fees prescribes a sum of Rs. 2/ as court fees in the case of a memorandum of appeal presented to a High Court when the appeal is not from a decree or order having the force of a decree.
The Tribunal appointed under the dismissed the petition filed by the appellant claiming certain s... |
il Appeal No. 861 of 1975.
(Appeal by Special Leave from the Judgment and Order dated 1 3 1975 of the Allahabad High Court (Lucknow Bench) in writ petition No. 405 of 1974.) A.K. Sen and S.K. Bisaria, for the appellant.
C.P. Lal for respondents 1 3.
Yogeshwar Prasad and R.N. Trivedi, for respondents.
No. 8.
The Judgmen... | The appellant and respondent No. 8 applied for the vacant post of Professor of Anthropology in the Faculty of Arts, in answer to an advertisement put up by the Lucknow University.
A selection committee of five persons including three experts, interviewed them and recommended respondent No. 8 for the post.
The appellant... |
Civil Appeals Nos.
36 to 54 of 1971.
Appeals by special leave from the judgment and order dated 25 8 1970 of the Labour Court, Hyderabad in Civil Misc.
Petitions Nos.
133 to 147 and 165 to 168 of 1970.
AND Civil Appeal No. 1153 of 1972.
Appeal by special leave from the judgment and order dated 20 10 71 of the Labour Co... | In APSRTC vs Rammohan Rao (Civil revision petition No. 1598/1968, dated April 25, 1969), the High Court of Andhra Pradesh held: (i) that wages under section 2(iv)(d) of the Payment of Wages Act included gratuity and (ii) that Rule 8.01 of the Hyderabad Government Railway Establishment Code, 1949, did not stand alone an... |
Civil Appeal No. 1223 1975.
From the Judgment and Order dated 4 3 75 of the Calcutta High Court in I.,.
P.A. No. 74/74.
V.N. Tarkunde, and H.K. Puri, for the appellant.
V section Desai, 1).
N. Mukherjee and N.R. Choudhary, for respondent No. I. A.K. Sen and 5.
P. Nayar, for respondent No. 2.
The Judgment of the Court w... | The plaintiff respondent is one of the co owners of the premises which were let out to the appellant tenant.
The plaintiff filed a suit for eviction under section 13(1)(f) of the West Bengal Premises Tenancy Act 1956.
The grounds for eviction were the non payment of the rent and the reasonable requirement of the premis... |
Appeals Nos.
207 to 209 of 1961.
Appeals from the judgment and decree dated August 23, 1957, of the Bombay High Court at Nagpur in First Appeals Nos. 105 to 107 of 1952 from Original Decree.
section T. Desai, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellants.
C. K. Daphtary, Solicitor General of In... | The appellant brought three suits claiming full payment with interest in respect of three hospitals constructed by him in execution of three separate contracts between him and the Deputy Commissioner.
The trial Judge decreed the suits for part of his claim against the State of Madhya Pradesh and held that other defenda... |
Appeal No. 1367 of 1968.
(Appeal by Special Leave from the Judgment and Order dated 25 3 1965 of the Kerala High Court in A.S. No. 487 of 1961).
S.V. Gupte and K.M.K. Nair, for the appellant.
Mrs. Shyamla Pappu, B.B. Sawhney, Raju Ramachandran and Girish Chandra, for the respondent.
420 The Judgment of the Court was de... | The appellant booked rice for being transported by train, from Bareilly railway station to Trivandrum railway station.
On delivery, the rice was found to be damaged and short in quantity.
The appellant claimed damages from the respondent, who resisted the claim on the grounds that the suit was not maintainable as the U... |
Appeal No. 874 of 1975.
Appeal by Special Leave from the Judgment and Order dated 5 3 75 of the Rajasthan High Court in D.B. Civil Appeal No. 18 of 1975.
M.C. Bhandare, S.M. Jain, S.K. Jain and Mohd. Fasiuddin, for the Appellant.
P.C. Bhartari, for Respondent No. 3.
K.J. John, for Respondent No. 4.
The Judgment of the ... | The appellant and respondents No. 3 and 4 applied for the grant of nontemporary stage carriage permits.
The Regional Transport Authority granted the permits to the appellant and respondent No. 4 and rejected the application of respondent No. 3.
Respondent No. 3 filed an appeal to the State Transport Appellate Tribunal.... |
Appeal No. 766 of 1976.
Appeal by Special Leave from the Order dated 29 11 75 of the Industrial Tribunal, Orissa in Industrial Dispute Case No. 5/75 and Special Leave Petitions (Civil) Nos. 1844A and 1845/76 L.N. Sinha, Sol.
Gen, Govind Das, (Mrs.) section Bhandare, M. section Narasimhan, A. K. Mathur and A.K. Sharma, ... | The appellant is a major port.
An industrial Dispute was raised by the respondent workmen with regard to the termina tion of the services of one of the employees.
The dispute was referred to the Industrial Tribunal under section 10(1)(d) of the .
The appellant sought to be represented through Shri T. Mishra, Advocate, ... |
Appeal No. 258/76.
Appeal by Special Leave from the Judgment and Order dated 3 1 75 of the Allahabad High Court in Second Appeal No. 2261/66.
G.N. Dikshit and O.P. Rana, for the Appellant.
Promod Swarup and Manoj Swarup, for the Respondent.
The Judgment of the Court was delivered by JASWANT SINGH, J.
This appeal by spe... | The respondent was appointed as a temporary clerk in an engineering division of the Government.
The attempt of another clerk to impersonate and appear for him in a depart mental examination was detected.
The Executive Engineer obtained explanations from both the clerks and reported the matter to the Superintending Engi... |
iminal Appeal No. 287/ 71.
Appeal by Special Leave from the Judgment and Order dated 10 9 71 of the Delhi High Court in Criminal Revision No. 310 of 1970.
A.N. Mulla, (Miss) Uma Mehta, R.K. Mehta, S.K. Bagga and (Mrs.) section Bagga, for the Appellants.
S.N. Anand and R.N. Sachthey; for the Respondent.
D. Mookerjee, B.... | The second appellant was the owner of a grocery shop and the first appellant was his salesman in the shop.
Food Inspector Bhanot purchased a sample from appellant No. 1 of mustard oil after complying with the formalities prescribed by the Act.
The Public Analyst reported that the sample was misbranded as it was of in s... |
ION: Criminal Appeal No. 63 of 1960.
Appeal by special leave from the judgment and order dated October 9, 1959, of the Bombay High Court in Criminal Reference No. 94 of 1959.
A. V. Viswanatha Sastri, section N. Andley and Rameshwar Nath, for the appellant.
R. Ganapathy Iyer and R. H. Dhebar, for respondent.
October 27.... | The appellant was the owner of a factory manufacturing bidis and one P along with other labourers used to roll bidis in the factory with tobacco and leaves supplied to him by the factory.
The following were established facts: (1) There was no contract of service between the appellant and P.(2) He was not bound to and t... |
: Criminal Appeal No. 291 of 1971.
(Appeal by Special Leave from the Judgment and Order dated 19 1 1971 of the Allahabad High Court in Crl.
Case No. 412/ 70).
D.P. Uniyal and O.P. Rana, for the Appellant.
S.N. Singh, for the Respondent.
617 The Judgment of the Court was delivered by KRISHNA IYER, J.
Some cases, apparen... | The appellant Government passed an order under Section 99 A of the Cr.
P.C., for the forfeiture of a book entitled 'Ramayan: A true Reading ' in English and its translation in Hindi, by Periyar EVR, of Tamil Nadu, on the ground that the book intended to outrage the religious feelings of a class of citizens of India, na... |
Appeal No. 799 of 1975.
From the Judgment and Order dated 31 1 75 of the Gauhati High Court, Imphal Bench in Election Petition No. 2/74.
Janardhan Sharma and Jitendra Sharma; for the appellant.
section V. Gupte Naunit Lal and (Miss) Lalita Kohli, for Respondent No. 1. 574 The Judgment of the Court was delivered by KHAN... | Respondent No. 1 was declared elected to Manipur Legis lative Assembly.
The appellant who was one of the rival candidates filed an Election Petition on two grounds (1) Respondent No. 1 was holding office of profit inasmuch he was the speaker of the Assembly; and (2) the Respondent No, 1 incurred election expenses in ex... |
Appeal No. 366 of 1976 (From the Judgment and Order dated 2.12.1974 of the Karnataka High Court in Civil Writ Appeal No. 171/73).
K.N. Bhatta and M. Rangaswamy for the Appellant Mrs. Shyamla Pappu and Girish Chandra for Respondent No. 3 B.R.G.K. Achar for Respondents Nos. 1 and 2.
666 The Judgment of the Court was deli... | The State Government issued a notification u/s 43(1) , directing the State Transport Authority to impose the charge of certain uniform rates of freight upon the operators of stage carriages other than State Transport undertakings, carrying mails or postal goods.
The S.T.A. then directed the Regional Transport Authority... |
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