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Appeal No. 1726 of 1971.
(Appeal by Special Leave from the Judgment and Order dated 20 4 1971 of the Allahabad High Court in Misc.
Sales Tax Reference No. 137 of 1970).12 1234SCI/76 684 S.C. Manchanda, M.V. Goswami and O.P. Rana, for the Appellants.
The Judgment of the Court was delivered by KHANNA, J.
This is an appea... | The Assistant Commissioner (Judicial) Sales Tax, Bareil ly, disposed of the respondents ' appeal made against an order of the Sales Tax Officer.
A copy of the order was served on the respondent, but he lost it.
Later, he ob tained another copy and filed a revision petition under sectiOn 10 of the U.P. Sales Tax Act.
Th... |
ivil Appeal No. 830 of 1988.
275 From the Judgment and Order Dated 7.12.1987 of the Allahabad High Court in Civil Misc.
No. Nil 1987.
A.K. Ganguli and Sunil Kumar Jain for the Appellant.
Gopal Subramanium and Ashok K. Srivastava for the Re spondents.
The Judgment of the Court was delivered by RANGANATHAN, J.
The petiti... | The State Government in pursuance of Section 4A of the Act formulated and published a scheme for grant of exemption from Sales Tax, to encourage capital investment and estab lishment of new industrial units which were established during the period from 1.10.1982 to 31.3.1985 and producing certain categories of goods.
T... |
Civil Appeal No. 1773 of 1971.
(From the Judgment and order dated 20 2 1970 of the Allahabad High Court in Civil Misc.
Writ Petition No. 2943/69) S.C. Manchanda and O.P. Rana, for the Appellants.
V.S. Desai, P.B. Agarwala and B.R. Agarwala, for the Respondents.
838 The Judgment of the Court was delivered by JASWANT SIN... | The Governor of U.P. issued a Notification under Section 3 A of the U.P. Sales Tax Act, 1948, and the Sales Tax Officer (Section IV) Kanpur, ordered the respondent company to pay tax on the turnover of ' carbon paper at 6%, and that of ribbon at 10%, as per entry 2 of the Notification.
The respondent challenged the ord... |
Civil Appeal Nos. 416 of 1973 and 572 of 1974.
(From the Judgment and Decree dated 22 12 1972 of the Allahabad High Court in F.A. No. 465/54 connected with F.A. 65/55).
A. K. Kirty, Yogeshwar Prasad, S.K. Bagga, Mrs. section Bagga Miss Rani Arora for the Appellant (in CA.Facts No. 416/73 and Respondent No. 1 in CA. No.... | Messrs.John & Co. were in financial difficulties and, therefore, entered into a financial agreement with Sethia & Co. a partnership firm of the plaintiff and Seth Sugan Chand.
On 6th July, 1948 Messrs. John & Co. obtained anoth er financial accommodation from Sethia & Co. Messrs. Tejka ran Sidhkaran had also given some... |
Appeal No. 1360 of 1975.
(From the Judgment and Order dated 12 3 1975 of the Punjab & Haryana High Court in Regular First Appeal No. 315/64).
V.M. Tarkunde, E.C. Agrawala and Miss N. Tarkunde for the, appellant.
Bishan Narain, and Mrs. Urmila Sirur for respondent No. 1.
Hardev Singh and R.S. Sodhi, for Respondent No. 2... | section Gobinder Singh Sibia was possessed of a large estate valued at about Rs.15 lacs at the time of his death in the year 1954.
He had two wives Gulab Kaur and Dalip Kaur.
Dalip Kaur predeceased him leaving a son and a grandson named Surjit.
After the death of section Gobinder Singh, Gulab Kaur filed a suit for main... |
ivil Appeal Nos.
248 251 of 1976.
(Appeals by Special Leave from the Judgment and Order dated 28 11 1975 of the Andhra Pradesh High Court in Writ Petitions Nos.
1195 1198/75).
CIVIL APPEALS Nos.
934 936 of 1976.
(Appeals by Special Leave from the Judgment and Order dated 28 11 1975 of the Andhra Pradesh High Court in W... | Section 2(1)(s) of the Andhra Pradesh General Sales Tax Act, defines 'turnover" to mean the total amount set out in the bill of Sale as the consideration for the sale or purchase of goods including any sums charged by the dealer for anything done in respect of goods sold at the time of or before the delivery of the goo... |
Civil Appeals Nos. 185 to 187 of 1961.
Appeals by special leave from the judgment and order dated May 13, 1959, of the Patna High Court in Misc.
Judicial Case No. 352 of 1957.
WITH Petitions Nos. 163 to 165 of 1959.
Petitions Under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
M. C.... | Under section 6 of the Bihar Sales Tax Act, 1947, the Government issued a notification exempting certain goods from the 499 payment of sales tax, including "green vegetables other than potatoes, except when sold in sealed containers".
The appellant who was a producer of sugar can was assessed to sales tax.
He contended... |
: Criminal Appeal No, 385 of 1976.
(From the Judgment and Order dated 22 12 1975 of the Gujarat High Court in Crl.
Appeal No. 180/74) N.N. Keswani & Ramesh N. Keswani for the appellant.
K.H. Kazi & M.N. Shroff for the Respondent.
The Judgment of the Court was delivered by BHAGWATI, J.
This appeal, by special leave, is ... | Section 66(1)(b) of the Bombay Prohibition Act 1949 makes any person liable for punishment on conviction for the offence of "consuming, using, possessing or transporting any intoxicant or hemp." Section 66(2)(b) prescribes a statutory limit of 0.05 percentage of alcohol in the veinous blood taken from the accused.
In s... |
Appeal No. 870 of 1968.
(From.the Judgment and Order dated 22.11.1967 of the Madhya Pradesh High Court in Second Appeal No. 436/64.
G.L. Sanghi and D.N. Misra for the appellant.
P.H. Parekh (amicus curiae) for the respondents.
The Judgment of the Court was delivered by KRANNA, J.
This appeal by special leave is against... | One Lakshmi Dayal died in 1952 leaving behind two wid ows, appellant and Shantibai.
In 1954, Chandanbai widow of brother of Laxmi Dayal filed a suit against the appellant and Shantibai in respect of the. properties left by Lakshmi Dayal.
During the. pendency of the said suit, the appel lant, Shantibai and Chandanbai ex... |
Appeal No. 1177 of 1975.
(From the judgment and order dated 10 10 1974 of the Kerala High Court in Civil Revision Petition No. 734/74).
K.T. Harindranath, and K.M.K. Nair, for the appellants.
T.C. Raghavan and P.K. Pillai, for the respondent.
The Judgment of the Court was delivered by RAY, C.J.
This appeal is by specia... | The respondent held 28.4 acres of land and, therefore, filed a return under Section 85(a) of the Kerala Land Re forms Act, 1964.
In the return, he showed his family as consisting of himself, his wife and 3 children.
Section 84 of the Act provided that all voluntary transfers effected after publication of the Kerala Lan... |
Civil Appeal Nos.
1739 1740 of 1968.
(From the Judgment and Decree dated 14 2 1967 of the Delhi High Court in Regular First Appeal Nos.
5 D, and 54 D of 1958).
969 V. section Desai and Girish Chandra, for the Appellant.
Sachin Chaudhary, B.P. Maheshwar and Suresh Sethi, for the Respondent No. 1 in (CA.
1739/68) and for... | The appellant (plaintiff) filed a suit on behalf of and for the benefit of itself and of other creditors against the respondents (3 defendants) and prayed for a declaration that,, (1) the sale deed of the house in dispute by the 2nd defendant in favour of the 1st defendant was void as against the plaintiff and all othe... |
Appeal No. 1762 of 68.
(Appeal from the Judgment and Decree dated 18 5 1967 of the Calcutta High Court in Appeal from Original Decree No. 183/56).
980 G.L. Sanghi and Girish Chandra, for the Appellant.
Purushottam Chatterjee and Sukumar Ghose, for the respond ent.
The Judgment of the Court was delivered by RAY, C.J.
Th... | In a suit for the recovery of price of "Mac Intyre Sleeves, "supplied to the appellant, but alleged to have been wrongfully ' rejected after a considerable time, the respondent/plaintiff sought to make the appellant/defendant liable to compensate by reasons of provisions containing in Section 70 of the Indian Con tract... |
ivil Appeal No. 525 of 1989.
From the Judgment and Order dated 11.12.1985 of the Calcutta High Court in Civil Rule No. 2716 of 1981 Shankar Ghosh and Rathin Das for the Appellant.
D.P. Mukherjee, and G.S. Chaterjee for the Respondent.
The Judgment of the Court was delivered by 399 RAY, J.
Special leave granted.
Heard l... | An application for pre emption was filed under the provisions of section 8 of the West Bengal Land Reforms Act, 1955 by the respondent to pre empt a plot of land sold to the appellant by a Kobala dated May 16, 1974 by a co sharer having 1/4 interest in the plot.
The land in question was owned by an agriculturist and he... |
ivil Appeal No. 2111 of 1969.
(Appeal by Special Leave from the Judgment and Order dated 26 9 1968 of the Madhya Pradesh High COurt in Civil Revision No. 711/66).
V.S. Desai, P. C. Bhartari and D. N. Misra for the Appel lants.
B.N. Lokur and Rameshwar Nath for the Respondents.
1018 The Judgment of the Court was deliver... | The respondents are the owner of a building known as Viram Lodge.
They run a hotel in the said building.
The annual gross rental value of the.
building was determined at Rs. 6,600/ in 1956.
It was revised to Rs. 43,405/ by the Assessment Officer in 1965.
Section 138(b) of the Madhya Pradesh Municipal Corporation Act, 1... |
Appeal No. 1528 of 1971.
(Appeal by Special Leave from the Judgment and Order dated 23 11 1970 of the Madras High Court in Tax case No. 398/7C (Revision No. 260/70) S.T. Desai and T.A. Ramachandran, for the ,Appellant.
V.P. Raman, .Addl.
Solicitor General for India.
A.V. Rangan and Miss A. Subhashini, for the Responden... | Section 15(a) of the as it existed at the rele ant time enacted that tax in respect of any sale or purchase of declared goods inside the State shall not be levied at more than one stage.
According to cl.
(b) if these goods were subsequently sold, in the course of inter state trade, the tax to levied shall be refunded t... |
Appeal No. 1830 of 1975.
Appeal by Special Leave from the Judgment and Order dated 10 9 75 of the Delhi High Court in Civil Writ Petition No. 475/75.
Soli Sorabjee, Ravinder Narain, Talat Ansari and Shri Narain, for the Appellants.
V.P. Raman, Addl.
for India, S.K. Mehta and Girish Chandra, for the Respondent.
The Judg... | The appellant succeeded before the revisional authority and obtained the orders of refund of duty levied and col lected on the consignment of ten metric tonnes of Manganese dioxide.
As no action was taken, the appellant gave a notice on October 3, 1974 u/s 80 C.P.C. for institution of a suit for recovery of refund.
On ... |
Appeal No. 508 of 1976.
(Appeal by Special Leave from the Judgment and Order dated 27 10 1975 of the Delhi High Court in Civil Revision No. 115/75).
S.N. Andley, Urea Dutta and T.C. Sharma, for the appellant.
K.C. Agarwala and M.M.L. Srivastava, for the respondent.
The plaintiff respondent ,alleged to be a regis tered ... | The appellant issued the respondent a cheque which was dishonoured.
The respondent alleged that the cheque was the consideration for goods supplied.
The appellant admitted issuing the cheque but denied by privity of contract.
The respondent filed a suit under order 37 C.P.C., and the appellant applied for the required ... |
Civil Appeal No. 1798 of 1968.
(From the Judgment and Decree dated 16.6.1966 of the Bombay High Court in Appeal No. 13/62) V.S. Desai & M.N. Shroff for the appellants.
A.G. Ratnaparkhi, for the respondent.
The Judgment of the Court was delivered by RAY, C.J.
This appeal by certificate is from the judgment dated 16 June... | The respondent filed this suit against the order of the Registrar of Public Trust, Amraoti, declaring the Ganjanan Maharaj Sansthan of Mangrul Dastagir to be a public trust.
The Additional District Judge 's order dismissing the suit, was Upheld in appeal by the Single judge of the High Court on account of the responden... |
Appeal No. 30 of 1958.
Appeal by special leave from the judgment and order dated March 24, 1955, of the Punjab High Court in Civil Reference No. 3 of 1953.
Gopal Singh, for the appellants.
K. N. Rajagopala Sastri and D. Gupta, for the respondent.
212 1960.
August 17.
The Judgment of the Court was delivered by HIDAYATUL... | The appellant entered into contract with Government for the supply of goods, and in the assessment year 1942 43 Rs. 10,80,653 and in the assessment year 1943 44, Rs. 7,45,336 were assessed as its income by the Income tax Officer.
The supplies to Government were made for.
Jaipur by the appellant, and payment was by cheq... |
Civil Appeal No. 346 of 1958.
452 Appeal by special leave from the judgment and order dated May 10, 1955, of the former Madhya Bharat High Court in Misc.
Appeal No. 26 of 1954.
section N. Andley, Rameshwar Nath and P. L. Vohra, for the appellant.
section T. Desai, K. B. Bhatt and B. R. L. Iyengar, for the respondent.
N... | M filed a suit at Asansol against H for recovery of money.
Later, H filed a counter suit at Indore against M for recovery of money.
In the Asansol suit one of the defences raised by H was that the Asansol court had no jurisdiction to entertain the suit.
H applied to the Asansol court to stay the suit but the court refu... |
Civil Appeal No. 1343 of 1969.
From the Judgment and Decree dated 17 2 1969 of the Kerala High Court in Appeal Suit No. 493 of 1966.
S.T. Desai, section Krishan Iyer and A.G. Puddisery, for the Appellant.
T.S. Krishnamoorthy Iyer, K.P.K. Menon, I. N. Shroff and R.P. Kapoor, for the Respondent.
The Judgment of the Court... | The proviso to section 3(1)(vii) of the Kerala Land Reforms Act, 1964.
provided that nothing in clauses (i) to (vii) of section 3(1) shall affect the rights of persons who are entitled to the fixity of tenure immediately before 21 January 1961 under any law then in force.
The law prevailing immediate ly before 21 Janua... |
Appeal No. 463/76.
(Appeal by Special Leave from the Judgment and Order dated 11/12 11 1975 of the Gujarat High Court in L.P.A. No. 113/74).
D.V. Patel, P.H. Parekh and Miss Manju Jetley for the Appellants.
M.C. Bhandare, S.P. Nayar and M.N. Shroff, for the, State of Gujarat.
R. K, Garg and S.C. Agarwala, for Responden... | The appellants are the promotee Deputy Collectors in the State of Gujarat.
The contesting respondents are the direct recruits to the parent cadre of Deputy Collectors.
7 Deputy Collectors who are the contesting respondents in this appeal and who were directly recruited as Deputy Collectors in and after 1963 claimed tha... |
Appeal No. 127 of 1976.
(Appeal by Special Leave from the Judgment and Order dated the 20.8.1975 of the Allahabad High Court (Lucknow Bench) at Lucknow in Civil Writ Petition No. 1062 of 2974).
G.N. Dikshit and S.K. Bisaria, for the Appellant.
D. Goburdhan, for the Respondent.
The Judgment of the Court was delivered by... | In September, 1973, the appellant applied under section 16(1)(a) of the U.P. Urban Buildings (Regulation of letting, rent and eviction) Act, 1972 for the allotment of a part of a house, which was actually occupied by him.
According to the appellant, he was included as a tenant by a person representing himself to be the... |
: Criminal Appeal Nos. 486 to 489 of 1984.
From the Judgment and Order dated 5.4.1984 of the Bombay High Court in Criminal Revision Application No. 166/83 and Criminal Revision No. 234 of 1983 respectively.
M.C. Bhandare, A.M. Khanwilkar and Mrs. H. Wahi for the Appellants.
S.B. Bhasme and R.A. Gupta for the Respondent... | The deceased was seen in flames on the first floor of her in laws house crying for help within five days of her marriage with the younger brother of the respondent.
While neighbours rushed to her rescue and extinguished the flames, the inmates of the house did not render any such help.
The respondent who was on the fir... |
Appeal No. 2061/1971.
(From the Judgment and Order dated the 13th May, 1970 of the Allahabad High Court in Civil Misc.
Writ No. 1249 of 1970).
S.C. Manchanda and O.P. Rana, for the Appellant.
J. Ramamurthi, (amicus curiae) for Respondents.
The Judgment of the Court was delivered by 134 KHANNA, J.
This appeal on certifi... | The respondent firm was assessed to sales tax under the Uttar Pradesh Sales Tax Act 1948 for the assessment year 1958 59.
On an appeal filed by the respondent the quantum of tax was reduced.
On a revision filed by the respondent made various payments towards the amount of tax found due from time to time. 'the Revenue i... |
Appeal No. 297 of 1976.
Appeal by Special Leave from the Judgment and Order dated the 16 10 74 of the Allahabad High Court in Special Appeal No. 169/72.
S.T. Desai, M.K. Garg, K.B. Rohtagi, V.K. Jain and M.M. Kashyap, for the Appellant.
O.P. Rana for Respondents 1 4.
V.M. Tarkunde, Pramod Swarup and R.S. Verma for Resp... | U.P. Government issued a notification under Section 7(1) of the U.P. Land Acquisition (Rehabilitation of Refugees) Act, 1948 for acquiring the land belonging to the appellant for the purpose of Sufferers Cooperative Housing Society.
The Society entered into an agreement with the Government under section 6 of the Act.
T... |
Appeals Nos. 1944 1946/ 67.
(From the Judgments and Decrees dated the 20th July, 1964 of the Punjab High Court in L.P.As.
23 to 25 of 1960).
M.L. Sethi and Harder Singh, for the appellants.
S.K. Mehta and section Ranga Raju, for Respondents No.s.
The Judgment of A.N. Ray, C.J. and Jaswant Singh J. was delivered by Jasw... | The appellants filed three suits (the earliest of the three suits was filed on December 18, 1945) for possession of lands claiming that K, the last owner of the lands died on August 15, 1945.
Those suits were dismissed on August 3, 1951, as premature on the ground that the fact of the death of K had not been establishe... |
N: Criminal Appeal No. 420 of 1974.
Appeal by Special Leave from the Judgment and Order dated 27 11 74 of the Allahabad High Court in Criminal Appeal No. 2646/73 and Referred No. 95/73.
Frank Anthony, E.C. Agarwala and A. T. M. Sampath; for the Appellants.
O.P. Rana; for the Respondent.
The Judgment of the Court was de... | Ram Sanehi received two gun shot wounds on his chest, and died within ten minutes.
Two of his children claimed to have witnessed the occurrence.
The dead body was subjected to post mortem only after about 24 hours had elapsed.
The same evening, appellant Subhash surrendered, and appellant Shyam Narain was arrested, tho... |
Appeal No. 1164 of 1970.
(Appeal by Special Leave from the Order dated the 5th Sep tember 1969 of the Punjab & Haryana High Court in S.C.A. No. 197 of 1968) Naunit Lal, Girish Chandra and R.N. Sachthey, for the appel lant.
S.B. Wad, for respondent No. 1.
The Judgment of the Court was delivered by CHANDRACHUD, J.
The 1s... | The first respondent, a Co operative Transport Society terminated the services of respondent 3 and 4.
The State of Punjab referred the dispute arising out of the dismissal of respondents 3 to 4 under section 10 of the to the Labour Court that was presided over by Mr. Das.
On Mr. Das 's retirement Shri Hans Raj Gupta wa... |
eview Petition No. 16 of 1960.
519 Petition for Review of this court 's Judgment and order dated April 26, 1960, in Civil Appeal No. 64 of 1956.
A. V. Viswanatha Sastri, R. Ganapathy Iyer and Gopalkrishnan, for the petitioners.
K. N. Rajagopala Sastri, and P. D. Menon, for respondent.
November 23.
Das, J., delivered hi... | The assessee firm carried on the business in purchase and sale of conch shells.
It obtained a lease for 3 years for gathering specified types of shells from the sea along the coastline abutting on the South Arcot District.
It sought to deduct the amount paid as lease money from its profits from business on the ground t... |
ivil Appeal No. 1020 of 1975.
(Appeal by Special Leave from the Judgment and Order dated the 18 4 1975 of the Maharashtra State Co op.
Appel late Court in Appeal No. 54 of 1975.) J. L. Nain, U. R. Lalit, and V. N. Ganpure, for the appel lant.
V.M. Tarkunde, Sharad Manohar, P.H. Parekh and Miss Manju Jetley, for respond... | In 1964, respondent No. 1 Society was registered as a Housing Society.
The Society wanted 12 plots to be con structed for its 12 members.
The Society, therefore, pur chased a plot of land.
In 1966, the Society mortgaged the land and the incomplete structure in favour of respondent No. 2.
In March, 1971, the Special Liq... |
Civil Appeal No. 424 1971.
Appeal from the Judgment and Order dated the 22 2 1971 of Madras High Court in W.P. No. 3125 of 1970.
M. Natesan, and (Mrs).
section Gopalakrishanan, for the Appel lant.
K.S. Ramamurthi, A. T.M. Sampath, M.M.L. Srivastava and E.C.Agarwala, for Respondent No. 1.
The Judgment of the Court was d... | The appellant and the respondent applied for a permit of stage carriages.
The respondent secured higher marks than the appellant.
The Road Transport Authority preferred the appellant on the compassionate ground that the respondent already had another permit on a route which was partly over lapping over the route in que... |
Appeal No. 183 of 1952.
Appeal by special leave from the Judgment and Decree dated the 16th day of February 1950 of the Madras High Court in Second Appeal No. 1826 of 1945 from Original Decree dated the 16th March, 1945, of the Court of District Judge, East Godavari at Rajahmundry in A.S. No. 32 of 1943 arising out of ... | The appellant was the assignee of a mortgage dated 14 12 1911, executed by A, which comprised.
lands belonging to the mortgagor and also a mortgage executed by the respondents in his favour on 19 7 1909.
The appellant instituted a suit in the court of the Subordinate Judge of Kakinada, for the recovery of the amount du... |
Appeal No. 138 of 1972.
(From the Judgment and Order dated 20.3.1971 of the Madhya Pradesh High Court in Misc.
Petition No. 313/70).
I. N. Shroff, for the appellants.
S.V. Gupte, J. D. Jain, Miss Kanwaljit Miglani and Balram Sahgal for the respondent.
The Judgment of the Court was delivered by KHANNA, J.
Whether sales ... | The respondent carries on business, inter alia, of supplying photo prints to those who get themselves photo graphed at his studios.
Sales tax authorities assessed him and levied sales tax on his supply of photo prints.
The respondent filed a writ petition in the High Court contend ing that in supplying photo prints, he... |
ICTION: Writ Petition (CRL) Nos.
1566/86, 186/85,192/86,338/88 & 649/87.
(Under Article 32 of the Constitution of India.) R.K. Jain, Rangarajan, Mrs. Urmila Sirur, Mohd. Naseem, Rakesh K. Khanna, P.K. Jain, Mukul Mudgal, Sanjay Parikh, B.P. Singh, P. Krishna Rao, B.K. Prasad, Ms. Malini Poduwal, Lalit Kumar Gupta, Mano... | The accused were convicted under section 302 I.P.C. and sentenced to death by the trial court.
The High Court con firmed their conviction and 510 sentence.
This Court dismissed their special leave peti tions/appeals and subsequent review petitions.
Their mercy petitions to the President and/ or Governor were also re je... |
Civil Appeals Nos.
1221 1226 of 1974.
(Appeals by.
Special Leave from the Judgment and Order dated 26 2 1974 of the Andhra Pradesh High Court in Tax Revision Cases Nos. 5 10 of 1973).
K. Sen, S.T. Desai, B.M. Bagaria and D.P. Mukherjee, for the appellants.
P.P. Rao and T.V.S.N. Chari for the respondent.
The Judgment of... | Under item 1 in the Second Schedule to the Andhra Pradesh General Sales Tax Act 1957, manganese ore was liable to be taxed at the point of purchase by the last dealer who bought in the State.
The appellants sell manganese ore to the Mines and Minerals Trading Corporation which exports the ore to buyers in foreign count... |
APPEAL NO. 691 of 1976.
(From the Judgment & Order dated the 16th December 1975 of the Gujarat High Court in Special Civil Appln.
No. 572 of 1975).
G.L. Sanghi and Girish Chandra, for the Appellants.
480 V.M. Tarkunde, K.L. Hathi and Mrs. P.C. Kapur, for respondent No. 1.
The Judgment of the Court was delivered by GOSW... | Section 2(b) of the defines additional dearness allowance to mean such dearness allowance as may be sanctioned from time to time after the appointed day over and above the amount of dearness allowance payable in accordance with the rate in force immediately before the date from which such sanction of additional dearnes... |
n No. 340 of 1972.
(Under article 32 of the Constitution of India).
P.H. Parekh and Miss Manju Jetlcy, for the petitioners in W.P. 340/72 excepting petitioner No. 59 and for petition ers in W.P. 1526/ 73.
Petitioner No. 59 in W.P. No. 340/72 in person.
Yogeshwar Prasad, S.K. Bagga, Mrs. section Bagga and Miss Yesh Bagg... | On 6 7 1971 the Lt. Governor of Delhi passed an award directing the New Friends Co operative House Building Socie ty Limited to pay Rs.22 lacs to the Delhi Administration.
On 9 7 1971 the Lt. Governor by a notification removed the elected Managing Committee and appointed a nominated Manag ing Commitee under rule 56 of ... |
Civil Appeal No. 325/61.
Appeal from the judgment and decree dated March 6.
1961, of the Allahabad High Court in Writ No. 3116 of 1960.
WITH Petitions Nos. 180, 181 and 205 of 1961.
Petitions Under article 32 of the Constitution of India for enforcement of Fundamental Rights.
section N. Kacker and J. P. Goyal, for the ... | The appellant, whose permit for plying stage carriage was shortly to expire, applied for its renewal.
The renewal application was published in the Gazette calling for objections.
The State Government published a notification proposing to nationalise the route.
The permit was renewed for three years for a part of the ro... |
il Appeal No. 1870 of 1968.
(From the Judgment and Decree dated 6 3 1967 of the Bombay High Court (Nagpur Bench) in Appeal No. 101/59.) I. N. Shroff and H.S. Parihar, for the appellant.
S.B. Wad and M.N. Shroff, for respondent No. 1.
556 A. section Bobde, G.L. Sanghi, V.K. Sanghi, Miss Rama Gupta and M.S. Gupta, for re... | Dismissing the appeal, the Court, HELD: (1) A litigant will be barred under Order 2 Rule 2 of the C.P.C. only when he omits to sue for or relinquishes the claim in a suit with knowledge that he has a right to sue for that relief.
A right which he does not know that he possesses or a right which is not in existence at t... |
Appeal No. 1827 of 1970.
(From the Judgment and Decree dated 28 4 1970 of the Madhya Pradesh High Court (Gwalior Bench) in First Appeal No. 133 of 1968).
S.N. Andley and Uma Dutta, for the appellants Ram Panjwani and H.S. Harihar, for the respondents.
The Judgment of the Court was delivered by KHANNA, J.
This is an app... | The appellant 's land was acquired and compensation was awarded to him by the Land Acquisition Officer.
Demanding a higher amount, the appellant had the matter referred to the District Judge who increased the award, but still discon tented, the appellant went in appeal.
The High Court also increased the compensation bu... |
Appeal Nos.
245 251/72.
From the Judgment and Order dated 21 9 1970 of the Assam and Nagaland High Court in Civil Rules Nos. 105, 106 and 123 to 127/ 66.
A.K. Sen, D.N. Mukherjee and N.R. Choudhary for the Appellant.
Purshottam Chatterjee and S.N. Choudhary for the respond ents.
The Judgment of the Court was delivered ... | Rule 23 of the Assam Agricultural Income tax Rules, 1939 provides that where an order apportioning the liability to the tax on the basis of partition has not been passed in respect of a Hindu undivided family hitherto.
assessed as undivided or joint, such family shall be deemed, to continue to be a Hindu undivided or j... |
Civil Appeal No. 1763 of 1968.
(From the Judgment and Decree dated the 28th July, 1964 of the Kerala High Court in Appeal Suit No. 843 of 1960).
T.C. Raghavan, Sardar Bahadur Saharya and V.B. Saharya, for the appellant.
T.S. Krishnamoorthy Iyer and M.R. Pillai,.
for Respondent No. 1.
T.S. Krishnamoorthy, P.K. Pillai an... | Explanation II to section 11 C.P.C. provides that for the purposes of the section, the competence of a Court shall be determined irrespective of any provision as to a right of appeal from the decision of such Court.
Explanation VI provides that where persons litigate bona fide in respect of a private right claimed in c... |
Appeal No. 2128 of 1969.
From the Judgment and Order dated 4th May, 1968 of the Madhya Pradesh High Court in First Appeal No. 88/67.
M.S. Gupta for the Appellants.
Ram Panjwani and H.S. Parihar for Respondent.
The Judgment of the Court was delivered by SARKARIA, J.
This appeal on certificate is directed against a judgm... | Responding to a notice under section 9 of the Land Acquisi tion Act, 1894, the appellants flied a claim for Rs.1500/ per acre at which rate the adjoining lands were sold.
The Collector awarded compensation at the rate of Rs.450/ per acre.
At the instance of the appellants under section 18 of the Act, the matter was ref... |
Appeal No. 265 of 1972.
From the Judgment and Order dated the 24th August, 1971 of the Kerala High Court in I.T.R.No.
25 of 1969.
G.B. Pai, K.J. John for M/s Dadabhanji & Co., for the Appel lant.
B.B. ,Ahuja and R.N. Sachthey for Respondent.
The Judgment of the Court was delivered by GUPTA, J.
The question for decision... | The appellant assessee is a public limited company who spent Rs.26,100/ for the construction of a new road for improving transport facilities in the area where its factory is located and sought to deduct this amount from its total income claiming this as revenue expenditure for the year.
The claim was disallowed by the... |
vil Appeal No. 41819 of 1989.
From the Judgment and Order dated 29.4.1988 of the Gujarat High Court in F.A. Nos.
848 849 of 1986.
V.B. Patel, D. Patel, T.H Pandey and R.P. Kapur for the Appellant.
Soli J. Sorabjee, Atul Setalwad, N.J. Mehta, P. Shah, S.K. Sharma, section Sharma and P.H. Parekh for the Respondents.
The ... | In 1978 the State Government undertook the construction of the 'Bhavnagar City Water Supply Scheme ', and on 12th January, 1979, two contracts in respect thereof were awarded to respondent No. 1.
On 29th March, 1981, respondent No. 1 filed a civil suit with regard to measurements recorded by the Deputy Engineer and all... |
Appeal No. 527 of 1976.
Appeal by Special Leave from the Judgment and Order dated the 26 3 1976 of the Allahabad High Court in Civil Misc.
Writ No. 6277 of 1974.
866 L.N. Sinha, Sol.
General, S.C. Agarwala and V.J. Francis for the Appellant.
Yogeshwar Prasad and (Miss) Rani Arora for Respondent No. 1.
O.P. Rana for Res... | In 1968 69 the respondent was constructing a textile factory within the area of the appellant Board, and obtained exemption from the levy of octroi on its incoming building material on the ground that it was a new concern.
It then started bringing more articles within its premises with the result that octroi was demand... |
Appeal No. 1988 of 1968.
Appeal by Special Leave from the Judgment and Decree dated 21/22 3 1968 of the Gujarat High Court in First Appeal No. 760/60.
S.T. Desai, I. N. Shroff and H.S. Parihar for the Appel lants.
J. B. Nagarsett and A. G. Ratnaparkhi for the Respondents.
The Judgment of the Court was delivered by KAIL... | The respondent plaintiffs filed a suit for partition and allotment of one half share of the suit house and the move able properties.
One Faqir Chand had 3 sons, Nathubhai, Lallubhai and Nanabhai.
Nanabhai was the defendant in the suit whose legal representatives are appellants.
Lallub hai 's heirs are the plaintiffs.
A... |
Civil Appeal No. 9 of 61.
Appeal from the judgment and order dated May 7, 1959, of the Punjab High Court in L.P.A. No. 86 of 1956.
M.C. Setalvad, Attorney General of India, S.N. Andley, Rameshwar Nath and P.L. Vohra, for the appellants.
section M. Sikri, Advocate General, Punjab, B.K. Khanna and P.D. Menon, for the res... | Section 6(1) of the East Punjab General Sales Tax Act, 1948, provided that no tax shall be payable on the sale of goods specified in the Schedule to the Act and that no dealer shall charge sales tax on the sale of goods which were "declared tax free from time to time".
Sub section (2) of section 6 empowered the State G... |
ivil Appeal No. 1252 of 1976.
Appeal by special Leave from the Judgment and Order dated 13 8 1975 of the Allahabad High Court in Second Appeal No. 179/ 75.
K. Gupta, for the Appellant.
S.T. Desai and R.B. Datar for the Respondent.
SHINGHAL, J.
This appeal, by special leave, is directed against the summary dismissal of ... | The appellant Piarey Lal had agreed to sell his original holding to Hori Lal but later refused to do so on the ground that his property which was the subject matter of the con tract had been consolidated under the U.P. Consolidation of Holdings Act, 1953, and it was impossible to perform the agreement.
Hori Lal filed a... |
Appeal Nos. 1298 and 1299 of 1969.
Appeal from the Judgment and Decree dated the 9th Au gust, 1966 of the Punjab and Haryana High Court in Regular First Appeals Nos. 134 and 120 of 1963.
N.H. Hingorani for the Appellant.
O.P. Sharma for Respondent.
The Judgment of the Court was delivered GOSWAMI, J.
These appeals are b... | The appellant was appointed as a clerk in the Patiala State in 1948.
On the formation of the new State of Punjab in 1956, the appellant was integrated in the service of the new State of Punjab as permanent Assistant.
The appellant overstayed leave and.
therefore, after holding an enquiry the Financial Commissioner.
Pun... |
: Criminal Appeals Nos. 418 419 and 484 485/76.
(From the Judgment and Order dated 6 7 1976 of the Andhra Pradesh High Court in Writ Petition Nos.
1865, 1870 of 1976 respectively.) P. Parmeswara Rao, G. Narayana Rao and A. K. Ganguli, for the appellants in Crl.
Appeals Nos. 418 419/76 and respondents in Crl.
Appeals No... | The cross appeals arose from two writ petitions filed by A.V. Rao and N. V. Krishnaiah in the High Court.
A.V. Rao 's case was that while he was already in preventive detention.
on December 18.
a First Information Report was lodged against him in connection with some Sessions cases.
Some of the co accused in ' these ca... |
Civil Appeals Nos. 2208, 2209 of 1968.
From the Judgment and Decree dated the 10th/llth August.
1965 of the Bombay High Court (Nagpur Bench) in First Appeal Nos. 120 and 123 of 1965.
S.T. Desai, D.N. Mishra and B.N. Mohta, for the appellant M.N. Phadke, .4.
G. Ratnaparkhi, for respondent.
The Judgment of the Court was ... | The appellant (Plaintiff) had two shops, one in his village and the other in a city.
The respondent (defendant) had dealings of various kinds with the appellant at both the places.
The plaintiff filed a suit claiming a certain sum representing the net balance due to him from the respondent (defendant) on the village ac... |
Appeal No. 284 of 1972.
(From the Judgment and Order dated 3 5 1971 of the Delhi High Court in I.T. Case No. 6 D of 1964) A.K. Sen, V.S. Desai and Bishamber Lal, for the appellant.
G.C. Sharma and S.P. Nayar, for the respondent.
The Judgment of the Court was delivered by BHAGWATI, J.
This is an appeal by special leave ... | The assessee, a Hindu Undivided Family, was carrying on business in gold and jewellery in Lahore till June 1947.
In view of the impending partition of India Roshan Lal decided to move out of Lahore and accordingly transferred sums of Rs. 12,094/ , Rs. 13,000/ and Rs. 6,000/ from Lahore Banks to New Delhi Banks.
He left... |
iminal Appeal No. 62 of 1954.
Appeal by special leave from the Judgment and 0rder dated the 10th June 1953 of the Punjab High Court at Simla in Criminal Revision No. 86 of 1953 arising out of the Judgment and Order dated the 7th January 1953 of the Court of Sessions Judge, Karnal in Criminal Appeal No. 355 of 1952.
N. ... | Held that a Returning Officer acting under se. 33 and 36 of the Representation of the People Act, 1951 and deciding on the validity or otherwise of a nomination paper is not a court within the meaning of sections 195(1)(b), 476 and 476 B of the Code of Criminal Procedure.
Shell Co. of Australia vs Federal Commissioner ... |
Civil Appeal Nos.
42 and 43 of 1961.
Appeals by special leave from the judgments and orders dated September 7, 1960 of the Chief Commissioner, Pondicherry in Appeals Nos.
56 and 57 of 1960.
WITH Petitions Nos. 297 and 298 of 1960.
Petitions under article 32 of the Constitution of India for enforcement of Fundamental Ri... | The Supreme Court referred two questions to the Union Government viz (i) whether.
Pondicherry was comprised within the territory of India, and (ii) if not, what was the extent of the jurisdiction exercised by the Union Government and the French Government over the territory.
The answers given were that (i) Pondicherry ... |
ivil Appeal No. 785 of 1988.
From the Judgment and Order dated 6.3. 1987 of the Bombay High Court in Writ Petition No. 1166 of 1981.
Appellant in person.
Dr. Y.S. Chitale and V.B. Joshi for the Respondents.
The Judgment of the Court was delivered by AHMADI, J.
This is an appeal by Special Leave under Article 136 of the... | The appellant joined as a Lecturer in 1971, in a College affiliated to Pune University in the scale of Rs.300 600 prescribed by the University Grants Commission.
Earlier, in 1967 the State Government accepted in principle the Govern ment of India Scheme based on recommendations of the Univer sity Grants Commission for ... |
Appeal No. 81 of 1977.
(Appeal by Special Leave from the judgment and order dated 6 12 1976 of the Delhi High Court in C.R. No. 248/76).
F.S. Nariman, N.S. Sistani and K.C. Dua for the appellant.
K.K. Jain, S.K. Jain and P. Dayal, for respondent No. 1.
314 The Judgment of the Court was delivered by KRISHNA lYER, J.
Del... | The respondent No. 1 landlord let out his building to the appellant, a company to carry on business and use part of it for its manager 's residence.
The landlord was occupying residential premises allotted by the Central Government.
After the amendment of the.
Delhi Rent Control Act, 1958, by Ordinance 24 of 1975 which... |
Appeal No. 1360 of 1968.
(Appeal by Special Leave from the Judgment and Order dated 22 11 1967 of the Andhra Pradesh High Court in Second Appeal No. 804/64).
T.S. Krishnamurthi lyer, R.K. Pillai and R. Vasudev Pillai, for the appellants.
T. V. section Narasimhachari, for the respondents.
The Judgment of P.N. Bhagwati a... | Section 14(1 ) of the pro vides that "any property possessed by a female Hindu, wheth er acquired before or after the commencement of the Act, shall be held by her as full owner thereof and not as a limited owner." According to the explanation to this sub section the term "property" includes both movable and immovable ... |
Civil Appeal No. 2150 of 1968.
(Appeal by Special Leave from the Judgment and Order dated 5.9.1968 of the Punjab & Haryana High Court in L.P.A. No. 458/68).
V.C. Mahajan, Hardev Singh and R.S. Sodhi, for the appel lant.
O.P. Sharma, for the respondents 1 and 2.
K.R. Nagaraja and P.N. Puri, for respondent No. 3.
The Jud... | Gurdev Singh had certain complaints about the Consolida tion Scheme.
He was not present when his application was being considered.
Therefore, the application was dis missed by the Additional Director, Consolidation.
Thereaf ter, Gurdev Singh respondent No. 3 filed an application for restoration supported by an affidavi... |
Civil Appeal No. 309 of 1976.
Appeal by Special Leave from the Judgment and Order dated the 22nd January, 1975 of the Bombay High Court in Appeal No. 106 of 1969 in Misc.
Petition No. 320 of 1964.
7 502 SCI/77 526 I. N. Shroff and H.S. Parihar for the Appellants.
M.N. Shroff for Respondents 1 and 2.
V.P. Ram an, Addl.
... | The state Government issued two notifications under sections 4 and 6 of the Land Acquisition Act seeking to acquire certain land belonging to a textile mill.
When the Letters Patent Appeal of the 'Textile mill was pending before the High Court the mill was taken over by the Central Government and later the appellant wa... |
Appeal No. 144 of 1977.
Appeal by Special leave from the Judgment and order dated the 2nd January, 1976 of the Karnataka High Court in Writ Appeal No. 430 of 1974.
509 V.N. Satyanarayana, K. Rajendra Chowdhary and Veena Devi (Mrs.) Khanna for the Appellant.
S.S. JavaIi, B.P. Singh and A. K. Srivastava for Re spondent.
... | The respondent was serving as an Accountant in 'the Electricity Department of the former State of Hyderabad.
On the reorganisation of the States in pursuance of the , he was allotted to the new State of Mysore with effect from 1st November, 1956.
Option was given to the respondent to continue in the Government serv ice... |
Civil Appeal Nos.
2254 & 2255 of 1968.
(From the Judgment and Order dated the 10 1 1967 of the Madhya Pradesh High Court in Misc.
First Appeal No. 12/64) Ram Panjwani, Rameshwar Nath, for the appellant in both the appeals.
A. G. Ratnaparkhi, for respondent No. 1 in CA 2254/68.
S.K. Gambhir, for respondent No. 1 in CA N... | In a bus accident on June 23, 1961, one Mrs. Usha Kotas thane and her one year old son died.
One Sailesh Kumar.
a boy of about four years coming from a well to do family was disabled due to a compound fracture of his right tibia and fabula lower third near the ankle joint.
_ Sudhakar Kotas thane, the husband of the dec... |
Appeal No. 325/1976.
(From the Judgment and Order dated the 3.12.1975 of the Karnataka High Court in Writ Appeal No. 284/74).
V.S. Desai, Sanjev Aggarwal and R.B. Datar, for the appellant.
S.S. Javali, Jagannath Shetty and B.P. Singh for resp.
No. 1.
S.N. Prasad and Girish Chandra, for the Intervener Union of India.
Ne... | Section 136 of the City of Bangalore Municipal Corpora tion Act, 1949 provides that every person who erects, exhib its etc., over any land or structure any advertisement or who displays any advertisement to public view in any place whether public or private, shall pay on every advertisement a tax levied by the Corporat... |
97 of 1976.
(Under Article 32 of the Constitution of India).
section Ramchandra Rao and B. Kanta Rao for the appellants in W.P. No. 97/76.
section Ramachandra Rao and ,A. Subba Rao, for the appel lants in W.P. No. 114/76.
366 Niren De, Attorney General, P.p.
Rao, Sr.
Advocate and T.V.S. Narasimhachari, for the responde... | On the completion of their 25 years of qualifying serv ice, the appellants were compulsorily retired in public interest, and were to receive 3 months salary in lieu of notice.
Thereafter, the respondent Government passed a general order forbidding re employment of compulsorily retired persons in semi Government institu... |
iminal Appeal No. 25 of 1954.
Appeal under Article 134(1) (c) of the Constitution from the judgment and order dated the 12th January 1954 of the Patna High Court in Criminal Miscellaneous Case No. 10 of 1953.
M. C. Setalvad, Attorney General of India and Mahabir Prasad, Advocate General of Bihar (Balbhadra Prasad Sinha... | Held, that a Commissioner appointed under the (XXVII of 1850) is not a court within the meaning of the (XXXII of 1952).
Shell Co. of Australia vs Federal Commissioner of Taxation ([1931] A.C. 275), Huddart,Parker & Co. vs Moorehead ([1909] ; , Rex vs Electricity Commissioners ([1924] 1 K.B. 171), Bharat Bank Limited vs... |
: Criminal Appeal No. 315 of 1974.
Appeal from the Judgment and Order dated 22 5 1974 of the Allahabad High Court in Contempt Case No. 43/73.
D. Mukherjea, R.N. Sharma, Umesh Chand, R.N. Trivedi, S.P. Pathak, Hari Nath Tilhari, S.R. Srivastava, M.N. Sharma and O.P. Lal for the Appellants.
Yogeshwar Prasad, (Miss) Rani ... | The appellant No. 1 is the President of the Oudh Bar and appellant No. 2 is the Chairman of Action Committee of the Oudh Bar Association.
They met and passed a Resolution that the Chief Justice of Allahabad High Court was acting in a most partisan manner under the influence of the Allahabad Bar and that it was unbecomi... |
vil Appeal No. 2086 (N) of 1978.
From the Judgment and Order dated 10.12.1976 of the Rajasthan High Court in D .B.
Civil Misc.
Appeal No. 73 of 1970.
C.M. Lodha and H.M. Singh for the Appellants.
B.R. Sabharwal, P.R. Ramasesh and H. Wahi for the Re spondents.
The Judgment of the Court was delivered by DUTT, J.
This app... | Appellants 1 and 2 are the wife and daughter respective ly of the deceased who died in a road accident, while trav elling in a hired car, which collided with a truck.
He died on the spot.
At the time of his death he was 25.
Appellants filed a petition before the Motor Accident Claims Tribunal claiming a compensation of... |
minal Appeal No. 568 of 1976.
(From the Order dt. 2 4 1975 of the Punjab and Haryana High, Court at Chandigarh in Criminal Original No. 15/Crl.11975).
Mohan Behari Lal for the Appellant.
Hardev Singh, Sunada Bhandare and Mohini for the Respondents Nos.
1 2. 511 section M. Kacker, Sol.
Genl. & R. N. Sachthey for Respond... | The High Court passed an order directing issue of notice to the appellant to show cause why he should not be proceeded against for committing contempt .of the High Court.
The notice was issued in accordance with the procedure prescribed under section 17 of the .
The appellant filed an appeal against the said order unde... |
Appeal No. 2462 of 1968.
Appeal by Special Leave from the Judgment and Order dated 17 5 1968 of the Allahabad High Court in First Appeal No. 13 of 1956.
M. N. Phadke, M. Qamaruddin, (Mrs.) M. Qamaruddin, M. Y. Omar, N. Aly Khan and V. M. Phadke for the appellant.
889 Lal Narain Sinha, D. P. Singh, section C. Agarwal, A... | One Smt.
Sughra Begum, a Shia Muslim lady was possessed of vast Zamindari and other properties.
On October 6, 1928, she created a waqf of the entire properties dividing them in three qurras, Raja Haji Saiyed Mohammad Mahmood Hasan was appointed by the waqifa as the Mutawalli of qurra No. 1.
After the death of his first... |
Civil Appeal No. 2126 of 1968.
Appeal by Special Leave from the Judgment and order dated 14 8 1968 of the Punjab and Haryana High Court in Civil Revision No 430 of 1967 In person (C.K. Babbar) for the Appellant.
Harbans Singh for the Respondent.
The Judgment of the Court was delivered by SEN, J.
This appeal by special ... | The plaintiff respondent claiming to be an assignee of a debt under a deed dated 27th April, 1965, filed a suit against the defendant appellant for recovery of a certain sum alleged to be due to M /s Chitra Multipurpose Cooperative Society, the assignor.
On an interlocutory application moved by the respondent under ord... |
N: Criminal Appeal No. 239 of 1975.
Appeal by special leave from the Judgment and order dated 17 10 1974 of the Allahabad High Court in Cr. A. No. 1013 of 1974 and Reference No. 18/74.
Badri Das Sharma (amicus curiae) for the appellant.
O. P. Rana for the respondent.
The Judgment of the Court was delivered by KAILASAM ... | The appellant was convicted for having committed an offence u/s 302 I.P.C., and was serving a sentence of imprisonment for life.
He was released on bail.
and during that period.
committed the murder of a prosecution witness in the earlier murder case.
The Sessions Court found him guilty and imposed the sentence of deat... |
ivil Appeal No. 1 278 of 1978.
Appeal by special leave from the Judgment and Order 15 11 1976 of the Delhi High Court in Civil Writ No. 96 of 1971.
B. Dutta for the Appellant.
Soli J. Sorabjee, Addl.
General and R. N. Sachthey for Respondents 1 and 2.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J.
We gr... | section 3(e) of the Mines and Mineral (Regulation and Development) Act, 1957 defines " 'Minor Mineral ' as meaning building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by Notification in the official Gazette declare t... |
Civil Appeal No. 2030 of 1968.
Appeal by special leave from the Judgment and Decree dated 23 5 1968 of the Delhi High Court at New Delhi in R.F.A. No. 147D of 1968.
section N. Andley, Mahinder Narain and Rameshwar Nath, for the Appellant.
Hardyal Hardy, H. section Parihar and 1.
N. Shroff, for Respondents Nos. 1 and 2.... | The appellant plaintiff is a playwright, dramatist and producer of stage plays.
The appellant had written and, produced a number of plays.
The subject matter of the appeal however, is the play entitled (Hum Hindustani '.
This play was written by him in the year 1953 and was enacted in the year 1954 and thereafter the p... |
Civil Appeal Nos.
1768 1769/ 72.
Appeals by Special Leave from the Judgment and order dated 15 7 1971 of the Delhi High Court in Sales Tax Reference No. 8 of 1969.
F. section Nariman, (In CA 1768/72), V. section Desai (in C.A. 1769).
M. C. Bhandare (C.A. 1768/72) and Mrs. section Bhandare and Miss M. Poduval for the Ap... | The appellant runs a hotel in which meals are served to non residents also in the restaurant located in the hotel.
The sales tax authorities treated a portion of the receipts as representing the price of foodstuffs served and levied tax.
The High Court affirmed the view of the sales tax authorities.
On the question whe... |
Civil Appeal No. 2295 of 1968.
From the Judgment and order dated 3 2 1967 of the Madhya Pradesh High Court in Misc.
Petition No. 26 of 1966.
Harbans Singh for the Appellant.
Raghunath Singh and Manojswarup for Respondent No.1.
S.K. Gambhir for Respondents 3 5 and 7.
U. P. Lalit,B.P.Muheshwari and Suresh Sethi for Respo... | The appellant was a Muafidar of the disputed land, in the erstwhile Bhopal State, while the first respondent cultivated the said lands as his tenant.
When the M. P. L. R. Code, 1959, came into force, the first respondent claimed that the appellant, as the occupant of the lands within the meaning of S.2 (15) of the Bhop... |
: Criminal Appeal No. 43 of 1972.
From the Judgment and Order dated 11 5 71 of the Rajasthan High Court in D.B. Criminal Appeal No. 478/67.
Nemo: for the Appellant.
S.M. Jain for the Respondent.
The Judgment of the Court was delivered by JASWANT SINGH, J.
This appeal under section 2(a) of the (Act 28 of 1970) raises a ... | The appellant was charged and tried for the offence under Section 302 I.P.C. for causing the murder of his wife.
The Sessions Judge though on a consideration of the evidence led in the case including the direct testimony of Mst.
Jelki(PW 3) and Mst.
Modan (PW 8) found that the appellant attacked his wife.
Gajri with da... |
N: Criminal Appeals Nos. 178 and 248 of 1977.
Appeals by Special Leave from the Judgment and order dated 25 1 77, 4 3 77 of the Kerala High Court in Criminal Misc.
Petition No. 862/76 and Criminal Appeal No. 416/75.
T. C. Raghavan (In Crl.
A. 178/77) and P. K. Pillai for the Appellant.
K. T. Narindranath (In Crl.
A. 17... | The appellants in the above appeal were tried and convicted in respect of the offences inter alia under section 408, 465, 477 and 477A of the Indian Penal Code, 1860 read with section 5 of the Prevention of Corruption Act, 1947 by a special judge.
Both the appellants were members of a registered cooperative society.
Th... |
Civil Appeal No. 1004 of 1988.
From the Judgment and Order dated 2.12.1987 of the High Court of Calcutta in Civil Order No. 2506 of 1987.
509 S.N. Kacker, N. Choudhary and Rathin Das for the Appellant.
A.P. Chatterjee, Deepak Mitra and G.S. Chatterjee for the Respondents.
The Judgment of the Court was delivered by SHAR... | The father and brothers of Respondent No. 1 were running a proprietary business, which was later converted into a partnership firm by a regular deed.
On the death of the father, the two brothers had effectively taken control of the business and excluded Respondent No. 1.
The suggestion to reconstitute the partnership m... |
ivil Appeal No. 912 of 1989.
From the Judgment and Order dated 11.5.1988 of the Allahabad High Court in Misc.
W.P. No. 7886 of 1985.
Yogeshwar Prasad and Mrs. Shobha Dikshit for the Appellant.
758 Satish Chandra and Madan Lokur for the Respondents.
The Judgment of the Court was delivered by KULDIP SINGH, J.
Special lea... | The respondent landlord filed a suit for eviction of the appellantstenant from the house in question on the ground of failure to pay rent and for realisation of arrears of rent.
While the respondent pleaded that the rate of rent was Rs.70 per month, the appellant contended that it was only Rs.40 and not Rs.70, and that... |
titions Nos.
4038, 4147, 4148, 4149, 4150, 4202, 4204, 4207, 4213, 4215, 4222, 4224, 4227, 4232, 4236, 4246, 4249, 4251, 4259, 4311, 4343 & 4347 of 1978.
(Under Article 32 of the Constitution).
V. M. Tarkunde, P. H. Parekh, C. B. Singh and Mukul Mudgar for the Petitioners in W.P. Nos. 4038 and 4244/78.
Yogeshwar Prasad... | The Municipalities of Punjab are governed by two enactments.
The numerous little ones are statutory bodies created and controlled by the Punjab Municipal Act, 1911 and few large ones by the Punjab Municipal Corporation Act, 1976.
For the purpose of the present petitions the provisions run on identical terms.
The State ... |
Civil Appeal Nos.
1847 1848/72.
979 From the Judgment and Order dated 30 4 1970 of the Calcutta High Court in Income Tax Reference No. 128 of 1966.
V. section Desai, P. V. Kapur, section R. Agarwal, R. N. Bajoria, A. T. Patra and Praveen Kumar for the Appellant.
J. Ramamurthy and Miss A. Suhbashini for the Respondent.
... | It has inter alia a Cotton Mill situated in West Pakistan where it carries on business of manufacturing and selling cotton fabrics.
For the accounting year relevant to the assessment year 1954 55, the assessee made a large profit in the unit in West Pakistan.
The Pakistan profit, according to the official rate of excha... |
Civil Appeal No. 96 of 1961.
Appeal by special leave from the award dated December 7, 1959, of the central Government Industrial Tribunal Dhanbad in reference No. 42 of 1959.
S.C. Banerjee and P. K. Chatterjee, for the appellant.
Janardan Sharma, for the respondent.
January 30.
The Judgment of the Court was delivered b... | In exercise of the power conferred by 5. 5 of the Coal Mines Provident Fund and Bonus Schemes Act, 1948, the Central Government framed a Bonus Scheme for the payment of bonus to employees of coal mines.
Paragraph 3 of the scheme made every employee in a coal mine eligible for a bonus except, infer alia, "a mali on dome... |
ition No. 644 of 1977.
(Under Article 32 of the Constitution) AND Writ Petition No. 917 of 1977 (Under Article 32 of the Constitution) AND Writ Petition Nos. 959 and 960 of 1977 F. section Nariman, M. F. D. Damania, G. D. Dave and Rameshwar Nath for the Petitioners in W.P. 644 of ]977.
F. D. Damania, K. L. Talsania, 1.... | The facts of only one petition are set out because they are similar to facts in other petitions.
Excel Wear is a partnership firm manufacturing garments for export.
About 400 workmen were employed in the petitioners ' factory.
The case of the petitioners is that the relations between the management and the employees st... |
Civil Appeals Nos. 171, 171A 171D of 1969.
From the Judgment and decree dated 10 12 1963 of the Allahabad High Court in First Appeal No. 511/55.
Lal Narain Sinha, P. P. Singh, J. B. Dadachanji, K. John and J. Sinha for the Appellants.
G. N. Dikshit and M. V. Goswami for the Respondent.
The Judgment of the Court was del... | on the vesting of the forests belonging to the appellants in the State of U.P. by virtue of Section 4 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act 1 of 1951), the question arose about the assessment and payment of compensation therefor to the heirs of the intermediary.
The compensation officer held t... |
Civil Appeal No. 634 or 1975.
Appeal by Special Leave from the Judgment and order dated 1 10 1974 of the Punjab and Haryana High Court in Civil Writ No. 5126 of 1974.
O. P. Malhotra, N. section Das Behl and Sat Pal Arora for the Appellant.
Madan Mohan for Respondents 3 4.
The Judgment of the Court was delivered by DESA... | The appellant 's factory was divided into two sections; manufacturing section and packing material making section.
The packing material making section comprised two sub sections: manufacturing containers and painting containers.
The appellant decided to buy containers from the market and consequently closed down its pa... |
N: Criminal Appeals Nos.
86 93 of 1974.
From the Judgment and Order dated 25 7 73 of the Orissa High Court in Criminal Misc.
Case Nos.
131 138 of 1972.
D. Mukerjee and B. Parthasarthy for the Appellant.
D. V. Patel and Vinoo Bhagat for the Respondent in (all the appeals).
The Judgment of the Court was delivered by KAIL... | The respondents were convicted under Section 20 of the Forward Contracts.
(Regulation) Act, 1952.
The District Magistrate found the firms and persons in management of business guilty of the offences with which they were charged and inflicted a consolidated fine of Rs. 2000/ with the direction that they would suffer sim... |
ivil Appeal Nos.
372 382 of 1969.
Appeals by Special Leave from the Judgment and order dated 10 10 1968 of the Rajasthan High Court in C.S.A. Nos. 18 and 29, 27, 28.
30 35 of 1960 and 54 and 58 of 1961.
section N. Jain and section K. Jain for the Appellants.
B. P. Maheshwari and Suresh Sethi for the Respondent.
The Jud... | The respondent Board realised terminal tax on goods experted by the appellants.
In suits filed by the appellants for refund of the amounts which they claimed were collected without authority of law, the respondent Board pleaded that the levy was in accordance with law and that the suits where barred by limitation.
The ... |
Civil Appeal NOS.
64 65 of 1969.
(From the Judgment and Decree dated 1 12 61 of the Madhya Pradesh High Court in Misc.
First Appeal No. 43 of 1959).
section K. Gambhir for the appellant in CA 64 and Respondent in CA 65/69.
L. Sanghi, K. John and J. Sinha for the respondent in CA 64 and appellant in CA 65/69.
The Judgme... | Agricultural land belonging to the respondents was acquired by the railways for doubling the railway line, compensation payable for the acquired land was fixed at Re. 1/6 per sq.
But the respondent claimed Re. /12/ per sq.
On the ground that the land had a great potential value as a building site.
On reference the Addi... |
ON: Criminal Appeal No. 193 of 1974.
Appeal by Special Leave from the Judgment and order dated 1 3 1974 of The Delhi High Court in Criminal Appeal No. 119/72.
Frank Anthony, N. section Das Bahl and Shushil Kumar for the appellant.
E. C. Agarwala and R. M. Sachthey for the Respondent.
ii The Judgment of the Court was de... | Prakash Chand an overseer Section officer in the Delhi Development Authority office, was charged under section 5(1)(d) read with 8.
5(2) of the Prevention of Corruptions Act and section 161 IPC, for demanding and accepting Rs. 30/ bribe from the trap witness Ram Niwas Sharma.
an architect, for permitting him to make so... |
vil Appeal No. 1945 and 1946 of 1989.
From the Judgment and Order dated 11.12.1984 of the Punjab and Haryana High Court in C.R. No. 1794 and 1795 of 1985.
Dr. L.M. Singhvi and Y.P. Rao for the Appellant.
G.L. Sanghi, J.P. Gupta and S.K. Agarwal for the Respondent.
The Judgment of the Court was delivered by SABYASACHI M... | The Respondent entered into a contract with the appel lant Food Corporation of India on or about May 1979 whereun der the appellantCorporation was to give to the Respondent Paddy for being shelled/ converted into rice at the rate of 70% of the Paddy.
The Paddy was to be lifted from the go downs of the appellant.
The sh... |
iminal Appeals Nos. 146 and 147 of 60.
Appeals by special leave from the judgment and order dated February 11, 1960, of the Madhya Pradesh High Court in Criminal Revisions Nos.
270 to 274 of 1959.
G. C. Mathur, for the appellants.
I. N. Shroff, for the respondents.
February 5.
The Judgment of the Court was delivered by... | The appellants submitted their returns of sales tax.
More than three months afterwards a complaint was filed against them under section 24(1)(b) and (g) of the C. P. and Berar Sales Tax Act ' alleging that the returns filed Were false and that the accounts produced were incorrect.
They contended that the prosecution wa... |
N: Criminal Appeal No. 117 of 1978.
(Appeal from the Judgment and order dt.
5 12 77 of the Punjab & Haryana High Court in Criminal Misc.
Petition No. 3892 M of 1976).
R. section Narula, M. section Marwah and D. section Narula for the appellant.
section K. Mehta, K. R. Nagaraja and P. N. Puri for the respondents.
The Ju... | Ranbir Singh is Jagir Singh 's son from his separated first wife.
Ill 1971 he and his mother applied for maintenance under section 488 of Cr.P.C., 1898.
Although Ranbir Singh was a major, maintenance was awarded to him on the ground that he was a student unable to maintain himself.
In April 1974, the new Cr.
P.C. came ... |
Civil Appeal No. 1271 of 1969.
Appeal from the Judgment and Order dated 17 8 1966 of the Andhra Pradesh High Court in Appeal Nos. 252 and 283 of 1960.
427 V. Gopala Krishnaiah,, A. K. Ganguli and D. P. Mukherjee for the Appellant.
Upendralal Waray and A. Subba Rao for the Respondent.
The Judgment of the Court was deliv... | The plaintiff (appellant), his father and step brother were owners of lands in a village in the former State of Hyderabad.
Coming to know that the two brothers and father were contemplating to migrate to Pakistan, defendant No. 1 suggested to the plaintiff that he would manage their properties but that since he was not... |
N: Criminal Appeal Nos.
274 275 of 1974.
Appeals by Special Leave from the Judgment and Order dated 27 11 73 and 11 1 1974 of the Delhi High Court in Criminal Appeal No. 78/67 and Crl.No. 80/73 respectively.
R. K. Garg, V. J. Francis and D. K. Garg for the Appellant.
Soli J. Sorabji, Addl.
, R. N. Sachthey for the Resp... | The appellant who was charged for the offences (a) under section 120B I.P.C. (b) under section 161 I.P.C. read with section 5(2) and 5(1) (d) of the Prevention of Corruption Act 1947 and (c) under section 5(2) read with section 5(1) (a) of the Prevention of Corruption Act 1947 was acquitted by the special judge holding... |
N: Criminal Appeal No. 255 of 1973.
Appeal by Special Leave from the Judgment and Order dated 16 7 73 of the Rajasthan High Court in S.B. Crl.
No. 309/73.
A. N. Mulla and B. P. Singh for the Appellant.
Sobhag Mal Jain and section K. Jain for the Respsondent.
The Judgment of the Court was delivered by FAZAL ALI, J.
This... | After having fallen out and parted company with his wife Kanchan in the year 1963, the appellant, belonging to Telli community contracted a second marriage prevalent amongst his community with Gopi on 20th March 1969.
A complaint filed by his first wife ended in his conviction under section 494 I.P.C. and sentence of t... |
minal Appeal No. 24 of 1956.
On appeal by special leave from the judgment and order dated the, 26th September 1955 of the Allahabad High Court (Lucknow Bench) in Criminal Appeal No. 195 of 1955 and Capital Sentence No. 17 of 1955 arising out of the judgment and order dated the 11th April 1955 of the Court of the Sessio... | The appellant was sentenced to death for the murder of one and also sentenced to seven years rigorous imprisonment for having robbed the murdered man of his goods, It was established by the evidence on the record that the deceased, a shop keeper of village Jarwal had gone to Lucknow to purchase goods for his shop.
On h... |
Civil Appeal No. 2008 of 1969.
From the Judgment and Order dated 7 4 1965 of the Rajasthan High Court in D. B. Civil Regular Appeal No. 67/53.
section M. Jain for the Appellant.
B. D. Sharma, Ramesh Chandra and B. P. Maheshwari for the Respondent.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J.
The State... | The Interest Act, 1839 (32 of 1839) empowers the Court to allow interest to the plaintiff if the amount claimed is a sum certain which is payable at a certain time by virtue of a written instrument at la rate not exceeding the current rate of interest from the time when such amounts were payable and if the amount is pa... |
Civil Appeal No. 1626 of 1973.
Appeal by Special Leave from the Judgment and Order dated 16 9 1971 of the Calcutta High Court in Appeal from Original Decree No. 209/66.
section N. Andley, K. C. Sharma, Prem Malhotra and Uma Datta for the appellant.
342 L. N. Sinha, G. section Chatterjee, D. N. Mukherjee and D. P. Mukhe... | The plaintiffs appellants filed a suit against the defendants respondents claiming their title on an unregistered document to the suit property and premises purchased by the latter through a sale by the Receiver under the orders of the Court, on the ground that they were co owners thereof by virtue of the said document... |
N: Criminal Appeal No. 154 of 1972.
From the Judgment and Order dated 12 11 1971 of the Allahabad High Court in Criminal Revision No. 865 of 1970.
Shiv Pujan Singh for the Appellant.
D.P. Uniyal and M. V. Goswai for the Respondent.
The Judgment of the Court was delivered by CHINNAPPA REDDY J.
Jorma who was convicted by... | Dismissing the appeal, ^ HELD: Section 499(1) of the Cr.
P.C., which contemplated the execution of a bond by the accused and by the sureties, did not imply that a single bond was to be executed by both the accused and the sureties, signed by the accused and counter signed by the sureties.
An undertaking of the surety i... |
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