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Appeals Nos. 344 346 of 1960.
Appeals by special leave from the judgment and order dated September 8. 1958, of the Madhya Pradesh High Court (Indore Bench), Indore, in Civil Second Appeals Nos.
11.0 1,12 of, 1952.
section T.Desai and J. B. Dadachanjifor the appellant.
B. Sen,J. Bhave and 1.
N. Shroff,for the respondent... | By a Cabinet Resolution of the Holkar State certain Rules known as The Indore Industrial Tax Rules were framed for the purpose of levying industrial tax.
After the decision of the Privy Council in cherry Railway Go.
, Ltd. vs Commissioner Income, tax, (1931) L. R. 58 1.
A. 239, disallowing deduction , of Commission pai... |
view Petition Nos.
557 564 & 571,594/1987.
IN 827 CIVIL MISC.
PETITION NOS.
25279, 13195, 19336, 18600, 1563, 15031 33, 19552, 20695/1986.
IN CIVIL APPEAL NOS.
3005, 1599, 2194, 2067, 158 2148 50, 2902/86, 2533/86,223/88.
G. Ramaswamy Additional Solicitor General, A.K. Ganguli, P.P. Singh, R.P. Srivastava and P. Parmes... | An application for condonation of delay was filed by the petitioner Revenue alongwith statutory appeals against the judgment/order of the Customs, Excise and Gold Control Appellate Tribunal.
The application was rejected by a Single Judge of this Court under Order VI, Rule 2(14) of the Su preme Court Rules, 1966.
The Re... |
Civil Appeal No. 2281 of 1969 Appeal by Special Leave from the Judgment and Order dated 6th December, 1965 of the Allahabad High Court in Special Appeal No. 978/62.
Shiv Pujan Singh and M. V. Goswami for the Appellant.
B. P. Maheshwari and Suresh Sethi for the Respondent.
The Judgment of the Court was delivered by KAIL... | Two joint stock companies entered into agreements with a former Princely State for the grant of agricultural land on payment of fair and equitable land revenue.
Later the two companies formed into a partnership firm.
On the merger of the State with the Union of India, the Assessing Authority under the U.P. Agricultural... |
N: Criminal Appeal No. 105 of 1975.
Appeal by Special Leave from the Judgment and Order dated 6 8 1974 of the Delhi High Court in Criminal Revision No. 58 of 1973.
Frank Anthony, K. C. Dua and O. P. Soni for the Appellants.
J. Sorabjee, Additional Soli.
General, B. P. Maheshwari and Suresh Sethi for the Respondents.
Th... | The appellant was a manufacturer of a preparation called Para Excellent and Para Asli The outer label of the package describe the contents as "as sweet as saccharin".
Under the directions for use it was mentioned on the label that the preparation was para saccharin.
The appellant was prosecuted under s.2(ix)(a) and (g)... |
Civil Appeal Nos.
2170 2172 of 1972 Appeals by Special Leave from the Judgment and Order dated 22 7 1971 of the Mysore High Court in T.R.C. Nos. 3, 4 and 5 of 1967.
B. B. Ahuja and Miss A. Subhashini for the Appellant.
section T. Desai, I. N. Shroff and H. section Parihar for the Respondents.
The Judgment of the Court ... | The respondent 's wealth was assessed to Wealth Tax under the Wealth Tax Act, 1957 for three assessment years 1960 61, 1961 62 and 1962 63 the corresponding valuation dates being 31 12 1959, 31 12 1960 and 31 12 1961.
On 14th May, 1953 the assessee wrote a letter to her younger son stating that his late father expresse... |
Civil Appeal No. 1936 of 1978.
From the Judgment and Order dated 19 8 78/3 10 78 of the Bombay High Court (Nagpur Bench) in E.P. No. 1/78.
AND Civil Appeal No. 2387 of 1978 From the Judgment and Order dated 3 8 78/22 9 78/3 10 78 of the Bombay High Court (Nagpur Bench) in Election Petition No. 1/78.
M. C. Bhandare, B. ... | The appellant was declared elected to the State Assembly in the General Election in 1978.
He secured 27785 votes.
The fifth respondent was given 27,604 votes and the third respondent 27,447 votes.
The election of the appellant was questioned by an election petition filed in the High Court by a voter, the first responde... |
Civil Appeal Nos.
2472 2473 of 1969.
From the Judgment and Decree dated 26 4 1966 of the Allahabad High Court in F.A.F.O. No. 447/61 and 476/60.
R. N. Sachthey, R. B. Datar, Girish Chandra and Miss A. Subhashini for the Appellant.
R. K. Garg for the Respondent.
The Order of the Court was delivered by UNTWALIA, J. These... | HELD: 1.
The Court had no power to supply the vacancy under section 8(1) (b) of the only if the arbitration agreement did show that the parties did not intend to supply the vacancy.
The words in section 8(1) (b) are these: "and arbitration agreement does not show that it was intended that the vacancy should not be supp... |
Civil Appeal No. 2494 of 1969.
From the Judgment and Decree dated 24 1 1969 of the Calcutta High Court in Appeal from Original Order No. 111/66.
D. N. Mukherjee and N. R. Chaudhary for the Appellants.
P. K. Chatterjee and Sukumar Ghosh for the Respondent.
The Judgment of the Court was delivered by UNTWALIA, J.
This is ... | In a suit for recovery of money on the basis of a mortgage, a consent decree was passed.
When the judgment debtors failed to pay the amount the mortgaged properties were ordered to be sold.
The decree holder assigned his interest under the decree in favour of the respondent and this was approved by the Court.
A part pa... |
Civil Appeal No. 467 of 1970.
From the Judgment and order dated 25 4 1969 of the Madhya Pradesh High Court in Misc.
Petition No. 4/67.
D. N. Mukherjee and G. section Chatterjee for the Appellant.
section K. Gambhir, R. Nath and Miss Ram Rakhiani for the Respondent.
197 The order of the Court was delivered by UNTWALIA, ... | The appellant, an office Superintendent was reverted to a lower rank after finding him guilty of some charges held in a departmental enquiry.
The said orders were quashed by the High Court on the ground that the enquiry held was not proper and legal.
The appellant was reinstated as office superintendent.
Later, fresh e... |
minal Appeal No. 187 of 1959.
129 Appeal by special leave from the judgment and order dated August 18, 1958, of the Punjab, High Court in Criminal Original No. 20 of 1958.
Gopal Singh and P. D. Menon, for the appellants.
R. section Gheba, for respondent No. 1. 1962.
February 8.
The Judgment of Das and Subba Rao, JJ, wa... | The appellants, one a Sub Divisional Officer and the other a Naib Tehsildar, were entrusted with the duty of allotting land to displaced persons.
The first respondent forcibly occupied the land allotted to B.
On May 9, 1958, the first appellant ordered that B and other allottees similarly situated would be given posses... |
Civil Appeal Nos.
2330 2331 of 1969.
Appeals by Special Leave from the Judgment and order dated 17/ 18 1 69 of the Gujarat High Court in Second Appeal No. 187 and 857/61.
H. section Parihar and I. N. Shroff for the Appellant.
K. J. John for the Respondent.
The Judgment of the Court was delivered by KAILASAM, J.
These t... | In 1948 on the formation of Saurashtra State, Jaffrabad came within its territorial limits and the Bombay District Municipal Act, 1901 as adapted and applied to the said State became applicable to Jaffrabad.
Jaffrabad Municipality the predecessor of the respondent was constituted under the Bombay District Municipal Act... |
Civil Appeal No. 1455 of 1969 Appeal by Special Leave from the Judgment and Order dated 7 12 1967 of the Punjab and Haryana High Court in F.A.O. No. 10 of 1963.
Hardev Singh and R. section Sodhi for the Appellants.
R. A. Gupta for Respondent No. 1.
V. C. Mahajan, Naunit Lal and Kailash Vasdev for Respondent No. 2.
The ... | The appellants in their claim petition, before the Motor Accidents Claims Tribunal, claimed Rs. 50,000/ as compensation alleging that the husband of the first appellant was run over by a truck which was driven in a rash and negligent manner.
Appellants 2 to 5 were the minor children of the first appellant.
The claim wa... |
Criminal Appeal No. 530 of 1978 From the Judgment and Order dated 13.9.1978 of the Punjab and Haryana High Court in Criminal Appeal No. 1154 of 1975.
M.L. Verma, S.K. Bagga and Mrs. section Bagga for the Appellant.
Tara Chand Sharma and Miss A. Subhashini for the Respondent.
The Judgment of the Court was delivered by A... | The deceased and his brother P.W. 2 were sharing accom modation with P.W. 4 as a tenant on the 1st Floor of a house in Chandigarh.
The father of the appellant also occupied two rooms on the same floor as a tenant.
As a marriage was scheduled in the family of the appellant 's father a request was made to P.W 4 to permit... |
: Special Leave Petition (Crl.) No. 2088 of 1979.
From the Judgment and Order dated 25 7 1979 of the Allahabad High Court in Criminal Revision No. 1189/79.
N. Ali Khan and A. D. Mathur for the Petitioner The Judgment of the Court was delivered by KRISHNA IYER, J.
Counsel for the petitioner states that the sentence impo... | HELD: The prohibition under the Prevention of Food Adulteration Act and the Rules has been imposed because it is harmful to human health.
[312 G] Absence of evidence is not equal to evidence of absence.
Non mention in the Public Analyst 's report that the "colour which was mixed with powdered Chillies" was injurious to... |
Civil Appeal Nos. 1105, 1245 and 1269 of 1978.
From the Judgment and order dated 12 6 78 of the Andhra Pradesh High Court in appeal against order No. 147/78.
AND SPECIAL LEAVE PETITION (CIVIL) NOS.
3648 3649/78 In the matter of H.E.H.
The Nizam 's Jewellery Trust.
465 Rajni Patel, Malini Kapadia, P. G. Gokhale, B. R. A... | The late H.E.H. Nawab Mir Sir Osman Ali, the Nizam of Hyderabad by an indenture dated March 29, 1951 created the trust called H.E.H. the Nizam 's Jewellery Trust in respect of 107 items of extremely valuable, rare and priceless jewellery for the benefit of his two sons, two grand sons, two grand daughters, daughter and... |
Civil Appeal Nos.
1394/74, 543/75 and 242/79.
Appeals from the Judgment and Order dated 22 5 1973 of the Allahabad High Court in Special Appeals Nos. 26/73, 682/72 and 502/72.
AND SPECIAL LEAVE PETITION (CIVIL) No. 2152 of 1974.
From the Judgment and Order dated 22 5 1973 of the Allahabad High Court in Spl.
Appeal No. ... | HELD : Neither the U.P. High Court (Abolition of Letters Patent Appeals) Act, 1962 nor the U.P. High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1962, is unconstitutional.
[1208C] State of Bombay vs Narothamdas, ; ; Union of India vs Mohindra Supply Co. ; and Ram Adhar Singh vs Ramroop Singh & Ors., ; ... |
: Special Leave Petition (Crl.) No. 1383 of 1978.
From the Judgment and Order dated 3 1 1978 of the Punjab and Haryana High Court in Crl.
A. No. 1039/74.
K. L. Jogga and L. N. Gupta for the Petitioner.
Hardev Singh for the Respondent.
The Order of the Court was delivered by SHINGHAL, J. We have heard learned counsel fo... | Against their conviction and sentence passed by the Sessions Judge, Gurdaspur, the appellants preferred an appeal to the High Court.
The State filed an appeal for their conviction and sentence under section 302 I.P.C. A revision petition was also filed under Section 401 Crl.
P.C. for enhancement of the sentence of impr... |
Civil Appeal No. 2411 of 1978.
Appeal by Special Leave from the Judgment and order dated 26 7 1978 of the Karnataka High Court in Writ Petition No. 10203/ 77.
And ORIGINAL JURISDICTION: Writ Petitions Nos.
4473 4474, 4415, 4488, 4528, and 4539 of 1978.
(Under Article 32 of the Constitution).
D G. B. Rikar, K. R. Nagara... | The Karnataka Contract Carriage (Acquisition) ordinance, 1976 was promulgated on January 30, 1976 with the object of acquiring the contract carriages operating in the State.
Sub clause (3 ) to cl. 20 of the ordinance provided for absorption of certain categories of employees of contract carriage operators in the servic... |
Civil Appeal No. 80 of 1977.
Appeal by Special Leave from the Judgment and order dated 4 11 1976 of the Punjab and Haryana High Court in Civil Rev. No. 226 of 1971.
Suresh Sethi (Amicus Curiae) for the Appellant.
Yogeshwar Prasad and Mrs. Rani Chhabra for the Respondent.
The Judgment of the Court was delivered by FAZAL... | The proviso to clause (1) of sub section (2) of section 13 of the East Punjab Urban Rent Restriction Act, 1949, states that "if the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and interest @ 65% per annum or such arrears together with the cost of ap... |
l Appeals Nos.
67 to 75 of 1959.
Appeals by special leave from the judgment and order dated May 7, 1954 of the U.P. Board of Revenue, in Second Appeals Nos.
53 to 61 of 1945 46.
section P. sinha, J. P. Goyal and Sadhu Singh, for the appellants.
Bishan Narain and E. L. Mehta, for the respondents.
February 15.
The Judgme... | K, H and M filed four suits each against four sets of defendants in respect of different sets of plots under section 175 U. P. Tenancy Act, 1939.
Since similar points were involved the twelve suits were tried together and were disposed of by a common judgment decreeing them.
Twelve decrees were prepared and the defenda... |
Civil Appeal No. 1897 of 1976 .
Appeal by Special Leave from the Judgment and order dated 24 10 1975 of the Kerala High Court in T.R.C. No. 86/74.
Dr. V. A. Seyid Muhammed and K. R. Nambiar for the Appellant.
Dr. Y. section Chitale and Mrs. Sunanda Bhandare for the Respondent.
The assessee is a private limited company ... | The respondent assessee is a private limited company carrying on business as sole selling agents for a certain brand of Welding Electrodes.
It charged the catalogue price less trade discount from retailers for the goods supplied.
The catalogue price is the price which the retailer is entitled to charge the consumer.
Th... |
not competent to refer the second question, and the reference to that extent must be considered void.
Section 256(1) of 945 the Income Tax Act, 1961 entitles the assessee or the Commissioner, as the case may be, to apply to the Appellate Tribunal to refer to the High Court any question of law arising out of the order m... | The assessee was the Managing Director of a Company originally assessed on a total income of Rs. 43407/ for the assessment year 1959 60.
Thereafter the Income Tax Officer came to know that the assessee had been withdrawing moneys from the Company and that those amounts were liable to be treated as dividend under sectio... |
Civil Appeal No. 2422 of 1978.
Appeal by Special Leave from the Judgment and Order dated 13 2 1978 of the Kerala High Court in TRC No. 63/76.
M.M. Abdul Khader, V.J. Francis and M.A. Firoz for the Appellant.
The Judgment of the Court was delivered by BHAGWATI, J.
The questions of law which arise for determination in th... | On the questions (1) Whether the ornaments and other articles of gold purchased by the assessee fell within the description of "Bullion and specie" given in Entry 56 in the First Schedule of the Kerala General Sales Tax Act 1956 and (2) the taxability of the turn over of sales of G.I. Pipes made by the assessee.
^ HELD... |
onstrued.
One should not concentrate too much on one rule and pay too little atten tion on the other, for that would lead astray and result in hardship, such construction should be avoided.
[955C D] & CIVIL APPELLATE JURISDICTION: Civil Appeal No. 30373038 of 1984 From the Judgment and Order dated 12.12.
1983 of the Bo... | Respondents 1 to 8 are Assistant Secretaries/Section Officers/ Superintendents who are working in different departments of the State of Maharashtra.
Under the Rules governing their Service conditions the Govt. had prescribed Departmental Examination for promotion to the cadre of Superintendents; the passing of the exam... |
N: Criminal Appeal No. 243 of 1979.
Appeal by Special Leave from the Judgment and Order dated 13 9 1978 of the Delhi High Court in Criminal Revision No. 271/78.
U. R. Lalit, R. Bana, M. N. Shroff and Miss A. Subhashini for the Appellant.
K.L. Arora, R. section Sodhi and H. C. Gulati for Respondent No. 1.
V. B. Ganatra,... | On August 31, 1976, the Food Inspector lifted a sample of 'Postman ' brand refined ground nut oil from M/s. Amar Provision & General Stores, which was sold/supplied to it by M/s. Gainda Mull Hem Raj on August 20, 1976 and the same was found, as per the Public Analyst 's report dated September 9, 1976, to be adulterated... |
Civil Appeal No. 2233 of 1969.
From the Judgment and Order dated 11 3 1968 of the Rajasthan High Court in Writ Petition No. 126/62.
Sobhagmal Jain and section K. Jain for the Appellant.
E. C. Agarwala and Girish Chandra for the Respondent.
The Judgment of the Court was delivered by UNTWALIA, J.
This is an appeal by cer... | The appellant purchased a house in July, 1948.
Although neither the vendor nor the appellant was an evacuee within the meaning of the , the appellant was treated as an evacuee and the house was declared evacuee property in 1951.
In response to the appellant 's petition filed in 1953, a certificate was granted by the Go... |
LATE JURISDICTION: Civil Appeal No. 1479 of 1971.
From the Judgment and Order dated 25 4 1969 of the Gujarat High Court in SCA No. 271/65.
G.A. Shah, N.S. Pande and M.N. Shroff for the Appellant.
P.R. Mridul, Vimal Dave and Miss Kailash Mehta for Respondent No. 1.
I. N. Shroff and H. section Parihar for Respondent No. ... | The first respondent owned certain Land forming part of a town planning scheme, situated within the city limits.
At the request of the second respondent, a Corporative Housing Society, the State Government issued a Notification under section 4 of the Act on August 3, 1960 stating that the land was likely to be needed f... |
N: Criminal Appeal No. 406 of 1976.
Appeal by Special Leave from the Judgment and Order dated 1 9 1975 of the Madras High Court in Criminal Appeal No. 823/74.
493 A. N. Mulla, A. T. M. Sampath and P. N. Ramalingam for the Appellant.
A. V. Rangam for the Respondent.
The Judgment of the Court was delivered by KAILASAM, J... | The appellants and the third accused were brothers of the deceased Rasayal.
They were charged for the offence of committing the offence of murder and were found guilty and sentenced under section 302 read with section 149 I.P.C. to imprisonment for life by the Sessions Court.
In appeal the High Court, acquitted the thi... |
Civil Appeal No. 174 of 1976.
Appeal by Special Leave from the Judgment and order dated 1 11 1974 of the Delhi High Court in L.P.A. No. 19/71.
P. P. Rao, A. K. Ganguli and R. Venkataramani for the Appellant.
T. A. Francis and Miss A. Subhashini for the Respondents.
Admittedly he was appointed by the Comptroller and Aud... | Allowing the appeal by special leave, the Court, ^ HELD.
Rule 2(a) of the C.C.S. (C.C.A.) Rules, 1965 states, after setting out alternative authorities, that the appointing authority is one out of four categories who is the highest, by using the expression "whichever authority is the highest".
There is no doubt that of... |
l Appeals Nos.
51 and 52/61 Appeals from the judgment and decree dated September 23, 1959, of the Allahabad High Court (Lucknow Bench) at Lucknow in C. M. Applications Nos. 15 (O.J.) and 16 (O.J.) of 1957 respectively.
C. B. Agarwala and C. P. Lal, for the Appellants (in both the appeals).
A. V. Viswanatha Sastri, and ... | The Government of Uttar Pradesh under section 3 of the U.P. , and the Statutory orders framed thereunder referred certain.
disputes between the respondent Ice Factories and the respective workmen to an Industrial Tribunal.
The Tribunal heard the matters but failed to pronounce its award in open court, as required under... |
Civil Appeal No. 2098 of 1972 From the Judgment and Order dated 5 8 1971 of the Calcutta High Court in Income Tax Reference No. 109/65.
D.V. Patel, J. Ramamurthy and Miss A Subhashini for the Appellant.
section R. Banerjee, Mrs. Indu Goswamy and Arvind Minocha for the Respondent.
The Judgment of the Court was delivered... | The respondent assessee carried on business in coal as the owner of various collieries.
One of the collieries, was occupied by the military from 1942 until it was derequisitioned in 1955.
During that period the assessee did not work the said colliery: although the business in coal and working of the other collieries we... |
ition No. 355 of 1979.
(Under Article 32 of the Constitution) P. R. Mridul, K. Jayaram, K. Ram Kumar and Aruneshwar Gupta for the Petitioner.
Soli J. Sorabjee, Solicitor General, R. N. Sachthey, E. C. Agarwala and Miss A. Subhashini for Respondent No. 1.
The Judgment of V. R. Krishna Iyer, section Murtaza Fazal Ali, an... | The petitioner was acquitted by the High Court in appeal, of charges under sections 302 and 148 I.P.C., but the brother of the deceased not the State nor even the first informant, petitioned this Court under Article 136 of the Constitution for special leave to appeal against acquittal, got leave, had his appeal heard, ... |
Civil Appeal No. 1802 of 1971.
Appeal by Special Leave from the Judgment and Order dated 2 11 1971 of the Allahabad High Court in S.A. No. 768 of 1964.
Y. section Chitale, Lalji Sahai Srivastava, B. P. Singh and Mukul Mudgal for the Appellant.
R. K. Garg, section P. Singh and Sudama Ojha for Respondent No. 1.
section T... | Respondent Mathura Ahir alias Swami Harswanand, the Mahant of Garwaghat Math filed a suit for declaration of title to and possession of house No. C/27/33 situate in Mohalla Jagatgunj, Varanasi, for arrears of rent and mesne profits in respect thereof.
The said property was purchased by his Guru Atma Vivekanand Paramaha... |
Civil Appeal Nos.
626 & 629 of 1971.
From the Judgment and Order dated 5 8 1970 of the Rajasthan High Court in R.F.A. No. 31/60.
630 section T. Desai and Naunit Lal for the Appellant.
P. R. Mridul, B. P. Sharma, Krishna Bhatt and R. K. Bhatt for the Respondents.
The Judgment of the Court was delivered by VENKATARAMIAH,... | Plaintiff No. 1 and plaintiff No. 2 were father and son while defendant was the brother of plaintiff No. 1.
The plaintiffs in their suit against the defendant claimed that the suit house in which the defendant was living, belonged to them by virtue of a patta issued in their names.
They alleged that the deceased brothe... |
vil Appeal Nos.
3073 16 of 1988 Etc.
From the Judgment and Order dated 8.6.1987 and 9.6.
1987 of the Andhra Pradesh High Court in W.P. Nos. 1370/87, 15090/85.34 18/ 86.
911/87, 3186/87, 3435/87, 3748/87, 4356/87, 5006/87 'and 5379 of 1987.
P.A. Choudhary, Shanti Bhushan, Badrinath, T.V.S.N. Chari, Mrs. Sunita Rao and A... | The common question that arose for decision by this Court in these groups of matters is whether payment of less salary to a senior than his junior in the same cadre having the same scale of pay is violative of the principle of "equal pay for equal work" enshrined in Article 39(d) read with Article 14 and 16 of the Cons... |
Civil Appeal No. 1347 of 1970.
From the Judgment and Decree dated 29 4 1969 of the Jammu and Kashmir High Court in Civil Appeal No. 67 of 1965.
G.L. Sanghi, V. K. Boone and Shri Narain for the Appellant.
Gopi Nath Runzru, K. L. Taneja and section L. Aneja for the Respondent.
The Judgment of the Court was delivered by U... | The respondent 's forefather was the landholder of a piece of land in the State.
The land was taken possession of in 1897 as the land came under a Timber depot established on land adjacent to Government land.
The practice prevalent during the Maharaja 's time was that only rent was remitted and no compensation was paid... |
Civil Appeal Nos.
1841 1846 of 1978.
From the Judgment and Order dated 21 9 1978 of the Allahabad High Court in W.P. Nos.
4846, 4436, 3815, 5040, 475 and 4587/78.
AND CIVIL APPEAL No. 871 of 1978.
From the Judgment and Order dated 29 4 1977 of the Allahabad High Court in W.P. No. 1749 of 1974.
AND CIVIL APPEAL No. 1921... | The Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (U.P. Act XXV of 1964) provides for the regulation of sale and purchase of agricultural produce and for the establishment superintendence and control of markets in Uttar Pradesh.
The enactment was passed for the development of new market areas and for efficient dat... |
Appeal No. 131 of 1961.
Appeal from the judgment and decree dated September 30, 1957, of the Kerala High Court in Appeal suit No. 19 of 1956 (T).
T. N. Subramania lyer, R. Mahalingier and M.R. Krishna Pillai, for the appellant.
V. A. Seyid Muhammed for the respondent.
September 14.
The judgment of the Court was deliver... | The appellant agreed to stand surety for an overdraft allowed by the respondent Bank to section A blank form of guarantee was given by the Bank to S, who then had it filled up by the appellant stating the maximum amount which he guaranteed as Rs. 25000/ .
When S brought the letter of guarantee duly signed by the appell... |
Civil Appeal No. 1085 of 1970.
Appeal by Special Leave from the Judgment and Order dated 17.
3. 1969 of the Delhi High Court in SAD No. 2/69.
P. R. Mridul and O. P. Sharma for the Appellant.
section K. Bisaria for the Respondent.
The Judgment of the Court was delivered by FAZAL ALI,J.
This appeal by special leave is di... | The appellant landlord executed a lease in respect of the disputed premises in favour of respondent 2 for three years as far back as 1 4 1942.
In 1948, a suit was brought by the appellant for eviction of the tenant for non payment of rent on the ground of conversion of the user of the premises.
The suit for possession ... |
Civil Appeal Nos.
1237 1238/1970.
From the Judgment and Order dated 15 12 1969 of the Punjab and Haryana High Court in Civil Writ Appeal Nos.
444/68 and 2975/67.
Hardayal Hardy, Mahinder Narain and Rameshwar Nath for the Appellants in both the Appeals.
section M. Ashri and M. N. Shroff for the Respondents in both the A... | The Municipal Committee of Bahadurgarh, respondent No. 2 established Mandi Fateh in Bahadurgarh Town with a view to improve trade in the area.
The Municipal Committee decided that the purchasers of the plots for sale in the Mandi would not be required to pay octroi duty on goods imported within the said Mandi.
A resolu... |
Civil Appeal Nos.
2361 2364 of 1972.
Appeals by special leave from the Judgment and Order dated 17 5 72 of the Allahabad High Court in Sales Tax Ref.
Nos. 693 to 696/70.
section C. Manchanda, Shiv Pujan Singh and M. V. Goswami for the Appellant.
(In all the appeals) V. section Desai and Rameshwar Nath for the Responden... | The proviso to section 2(i) of the U.P. Sales Tax Act, 1948 excludes from the term "turnover" proceeds of sale of agricultural or horticultural produce grown by a person on any land in which he has interest.
The assessee, who was an agriculturist, owned tea gardens in the State.
After being plucked from tea shrubs tea ... |
Civil Appeals Nos. 2224, 2225 and 2226 of 1979.
Appeals by Special Leave from the Judgment and Order dated 22 5 1979 of the Delhi High Court in Civil Writ Nos. 111, 551 and 284 of 1979.
V.M. Tarkunde, A. K. Sen, G. L. Sanghi, B. P. Maheshwari and section K. Bhattacharya for the Appellants in C.A.s. 2224, 2225, 2226/79.... | In the year 1978, a proviso was added to Rule 3(j) of the Bar Council of Delhi Election Rules, 1968 with the approval of the Bar Council of India in accordance with the requirement of Sub section (3) of section 15 of the .
In accordance with that proviso a copy of the declaration form was sent on 14th June, 1978 to the... |
Civil Appeal No. 2752 of 1972.
Appeal by Certificate from the Judgment and Order dated the 5th November, 1970 of the Punjab and Haryana High Court in Income Tax Reference No. 38 of 1969.
G. A. Shah & Miss A. Subhashini for the appellant.
Naunit Lal & Mr. Kailash Yasudev for respondent.
The Judgment of the Court was del... | The respondent Piara Singh was apprehended in September 1958 by the Indian Police while crossing the Indo Pakistan border into Pakistan.
A sum of Rs. 65,500/ in currency notes was recovered from his person.
On interrogation he stated that he was taking the currency notes to Pakistan to enable him to purchase gold in th... |
Civil Appeal No. 2398 of 1978.
Appeal by Special Leave from the Judgment and Order dated 24 1 1978 of the Kerala High Court at Ernakulam in T.R.C. No. 2 of 1976.
M. M. Abdul Khader, V. J. Francis and M. A. Firoz for the Appellant.
section T. Desai, P. A. Francis and Mrs. section Gopalakrishnan for the Respondent.
The J... | The respondent assessee, Pio Food Packers carries on the business of manufacturing and selling canned fruit besides other products.
The Pineapple purchased by the assessee is washed and then the inedible portion, the end crown, skin and inner core are removed, thereafter the fruit is sliced and the slices are filled in... |
Civil Appeal No. 531 of 1979.
Appeal by Certificate from the Judgment and Order dated the 23 10 1969 of the Bombay High Court in S.C.A. No. 1596 of 1965.
D. V. Patel, N. N. Keshwani and R. N. Keshwani for the Appellant.
J. Sorabjee, R. Daruwala, P. G. Gokhale and J. R. Gagarat for the Respondent.
The Judgment of the Co... | By a lease dated 14th December 1948, the respondent plaintiff gave to the appellant defendant on lease two plots Nos. 12 and 13 situated at Sitaladevi Temple Road, Mahim for a period of 15 years commencing from 1st December 1948 at the yearly rent of Rs. 10,200/ payable in equal quarterly instalments of Rs. 2,550/ in a... |
Appeal No. 108/ 56.
Appeal by special leave from the Judgment and decree dated May 27, 1953, of the Punjab High Court in Regular Second Appeal No. 176 of 1949, against the judgment and decree dated December 20, 1948, of the District Judge, Ludhiana, arising out of the Judgment and decree dated February 6, 1948, of the ... | Under the customary law prevalent amongst the Hindu Jats of Grewal got in Ludhiana, a daughter is a preferential heir to her father in respect of his self acquired property to his collaterals.
Rattigan 's Digest of Customary Law, paragraph 23, which records the correct law on the point, is not in conflict with Riwaji a... |
N: Criminal Appeal No. 115 of 1975.
Appeal by Special Leave from the Judgment and order dated 10 1 1972 of the Madras High Court in Crl.
Appeal No. 64 No. 657/70.
A. V. Rangam for the Appellant.
A. T. M. Sampath for the Respondents.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J.
On November 1, 1969, a s... | Under section 2(i)(L) (before it was amended in 1976) of the , an article of food is deemed to be adulterated "if the quality of purity of the article falls below the prescribed standard or its constituents are present in quantities which are in excess of the prescribed limits of variability".
On November 1, 1969, samp... |
Civil Appeal No. 1712 of 1973.
From the Judgment and Order dated 20 5 1971 of the Allahabad High Court in Estate Duty Reference No. 95/66 connected with Estate Duty Reference No. 78/69.
S.C. Manchanda, K.C. Dua and Miss A. Subhashini for the Appellant.
P.K. Mukherjee and Pramod Swarup for the Respondent.
The Judgement ... | One M carried on the business of printer and publisher.
In 1953 his brother in law alongwith some other persons floated two companies a publishing firm and a printing press.
Under an agreement dated May 29, 1953 M agreed to transfer his business to the newly floated companies, and on January 24, 1954 he wrote letters i... |
Special Leave Petition No. 1262 of 1980.
From the Judgment and Order dated 19 2 1979 of the Allahabad High Court in C.M.W.P. No. 184 of 1975.
section N. Kaicker, Mrs. section Markendeya and section Markendeya for the Petitioners.
The Order of the Court was delivered by KRISHNA IYER, J. An order draped in relative brevi... | Dismissing the special leave petition, the Court ^ HELD: 1.
Mere lexical legalism cannot sterilise the sensible humanism writ large on section 51(2)(x).
If Indian life is not ultra vires Indian law every condition to save life and limb is intra vires such salvationary provision.
[1025G] 2.
Section 51(2) of the , is gea... |
N: Criminal Appeal No. 499 of 1976.
Appeal by Special Leave from the Judgment and Order dated 22 7 1975 of the Punjab & Haryana High Court in Criminal Appeal No. 166/75 and Murder Reference No. 10/75.
O.P. Sharma and M. section Dhillon for the Appellant.
R.K. Jain for Respondents Nos. 1 and 3 to 6.
R.K. Kohli and R. C.... | The prosecution case against the six accused (Respondents) was that prior to the incident in question, there was an altercation between the two deceased on one side and the six accused on the other over trespass of cattle of the accused persons on the land of the deceased, which damaged his cotton crop.
On the day of t... |
N: Criminal Appeal No. 320/75.
Appeal by special leave from the Judgment and Order dated 2.4.1975 of the Punjab and Haryana High Court in Criminal Appeal No. 1044/74 and Murder Reference No. 50/74.
3 K.G. Bhagat and R.N. Poddar for the Appellant.
Mrs. Urmila Sirur for the Respondents.
The Judgment of the Court was deli... | The two deceased were the two younger half brothers of the first respondent.
A day before the day of the murder of the two deceased, the brothers had divided the family properties and started living separately.
P.W. 3, the wife of one of the deceased, in the F.I.R. given to the police, stated that on the day of the occ... |
: Criminal Appeal No. 91 of 1976.
Appeal by Special Leave from the Judgment and Order dated 29.7.1975 of the Karnataka High Court in Criminal Appeal No. 364 of 1975.
N. Nettar for the Appellant.
A.K. Sen, S.K. Bisaria and V.P. Gupta for the Respondents.
The Judgment of the Court was delivered by BAHARUL ISLAM, J.
This ... | All the three respondents (respondents nos.
1 and 2 partners and respondent No. 3, the firm) were prosecuted for the alleged contravention of section 18A, in that when asked by the Drugs Inspector to disclose the name, address and other particulars of the person from whom a certain drug was acquired by them, they gave ... |
Civil Appeal Nos.
1801 1805 of 1975.
From the Judgments and Orders dated the 27th January and 3rd February 1975 of the Karnataka High Court at Bangalore in STRPs.
14, 15 19, 26 & 32 of 1974.
N. Nettar for the Appellant.
J. Ramamurthy and Miss R. Vaigai for the Respondent.
Ex parte Respondents in CAs 1801 1803 & 1805/75... | The assessees (respondents) are the owners of rice mills and are registered dealers under the Karnataka Sales Tax Act, 1957.
In the course of their business, they purchase paddy and after milling paddy, sell the resultant rice.
During the assessment years, the assessees purchased paddy from agriculturists who were not ... |
minal Appeal No. 126 of 1959.
Appeal by special leave from the judgment and order dated June 19, 1959, of the Punjab High Court in Criminal Revision No. 144 of 1959.
R. L. Kohli, for the appellant.
G. C. Mathur and P. D. Menon, for the respondent.
March 6.
The Judgment of the Court was delivered by KAPUR, J.
This is an... | The appellant was searched by a Customs Official and some bars of gold were found tied round his waist.
Out of those bars some were of base metal and the rest of pure gold which borne foreign markes.
The appellant had no permit from the Reserve Bank of India to import the gold.
He was prosecuted and convicted under sec... |
N: Criminal Appeal No. 220 of 1974.
Appeal by Special Leave from the Judgment and Order dated 9th January, 1974 of the Allahabad High Court in Criminal Appeal No. 356/77 connected with Criminal Appeal No. 723 of 1970.
R. K. Garg, section section Bhatnagar, V. J. Francis and Sunil Kumar Jain for the Appellants.
R. K. Bh... | The prosecution alleged that there was a long standing enmity between the parties of the deceased and the appellants.
There was a vacant plot of land in front of the flour mill and residence of PW. 1.
The appellants started throwing rubbish on this piece of land.
PW.1 and his son, the deceased, objected to this.
On the... |
N: Criminal Appeal No. 543 of 1976.
Appeal by special leave from the judgment and order dated the 6th May 1975 of the Rajasthan High Court in D.B. Criminal Jail Appeal Nos.
277, 413 to 416 and 918 of 1971.
Badri Das Sharma for the Appellant.
Dalveer Bhandari for the Respondent.
The Judgment of the Court was delivered b... | Respondent Kalki alias Kali and her husband Amara (along with four other co accused) were charged, convicted under section 302 I.P.C. and sentenced to life imprisonment.
While Kalki was also convicted and sentenced under section 148 I.P.C. for two years ' rigorous imprisonment, the other five accused were convicted and... |
Appeal No. 359 of 1962.
Appeal by special leave from the Award dated April 3, 1961 of the Seventh Industrial Tribunal, West Bengal, in Case No. VIII 303 of 1960.
B.Sen, S.C. Mazumdar, D. N. Mukherjee for B. N. Ghosh, for the appellant.
Janardhan Sharma, for the respondents.
February 22.
The judgment of the Court was de... | In January, 1956, there was an incident in which a group of workmen assaulted the Manager and two Assistant Managers of tile appellant company.
All the three officers Were Wound ed.
Some workmen were suspended, and charge sheets were served on them, charging them with participation in the riot.
After an inquiry the wor... |
N: Criminal Appeal Nos.
543 545 of 1979.
Appeals by special leave from the judgment and order dated the 15th April, 1978 of the Madhya Pradesh High Court in Criminal Revision No. 701/77, 105/78 & 103/78 respectively.
H.K. Puri for the Appellant.
R.K. Garg, Sunil Kumar Jain and V.J. Era for Respondents Nos. 1, 2, 5 & 6.... | A news item published in the Blitz weekly of which the respondent was the Editor, stated that the appellant enticed a female detenu who alongwith him, was detained in the Central Jail under the Maintenance of Internal Security Act and that she had conceived through him and that on getting released on parole she had the... |
ION: Civil Appeal No. 1757 of 1980.
From the judgment and order dated 11th September, 1980 of the Industrial Tribunal at Nagpur in Reference (II) No. 22/78.
Y.S. Chitale, R.K. Thakur, O.C. Mathur and K.J. John for the Appellant H.W. Dhabe and A.G. Ratanaparkhi for Respondent 1.
G.L. Sanghi, V.A. Bobde, A.K. Sanghi and ... | Two Trade Unions of Workmen function at appellant 's factory.
The State Government made a reference under the Industrial Dispute Act, 1947 for adjudication of an Industrial Dispute between the appellant and its workmen regarding their demands.
A joint charter of Demands was later submitted by the Unions raising certain... |
Civil Appeal No. 3133 of 1979 Appeal by special leave from the judgment and order dated the 30th July, 1979 of the Allahabad High Court in Sales Tax Revision No. 573 of 1979.
150 G.L. Sanghi, Bharat Ji Aggarwal, Naresh Kumar Sharma and Vineet Kumar for the appellant.
S.C. Manchanda and Mrs. Sobha Dixit for the responde... | Dismissing the appeal, the Court ^ HELD: 1.
In the context and background of the notification "biscuit" cannot be treated as "cooked food".
In the Hindi text of the notification, issued contemporaneously with the English version, the words (cooked food) were used as the equivalent for cooked food.
Ordinarily biscuit is... |
Civil Appeals No. 2815 & 2816 of 1980.
110 Appeals by special leave from the Award dated the 3rd September, 1980 of the National Industrial Tribunal at Bombay in Complaint No. NTB 2 and NTB 3 of 1980 arising out of Reference No. NTB 1 of 1979.
WITH CIVIL APPEAL NO.
2607 of 1980 Appeal by special leave from the Award da... | On May 13, 1972 the Reserve Bank of India, Bombay issued Administration Circular No. 8 introducing a revised scheme for promotion of employees as staff officers Grade A. Feeling that the aforesaid Circular adversely affected them, the stenographers filed a writ petition in the Andhra Pradesh High Court challenging its ... |
Civil Appeal No. 2324 of 1980.
Appeal by special leave from the judgment and order dated the 23rd April, 1979 of the Allahabad High Court in Civil Misc.
Writ No. 2228 of 1979.
Dr. L. M. Singhvi, and section K. Verma for the Appellant.
Mrs. Shobha Dikshit for Respondent Nos.
I & 2.
section N. Kacker and B. R. Agarwala &... | The appellant applied for admission to the M.D. (Paediatrics) Course for the academic year 1979 80.
He had passed his M.B.B.S. Examination in December, 1976.
There were other students who had applied for admission along with the appellant.
Some of them had passed their M.B.B.S. Examination prior to December 1976 and ha... |
Civil Appeal No. 1867 of 1970.
From the judgment and order dated the 18th February, 197() of the Gujarat High Court in Letters Patent Appeal No. 6/60.
section section Sheth, Ravinder Narain, J. B. Dadachanji, O.C. Mathur and Mrs. Anjali K. Verma for the Appellant.
Gautham Philip, P. H. Parekh and Mrs. Vineeta Sen Gupta... | Motibhai created two mortgages in respect of the same property in the years 1871 and 1893 in favour of one Nanaji who died somewhere between 1 890 and 1912 leaving behind his two sons Hari and Purushottam as his heirs and legal representatives.
They both sold the entire mortgagee rights and interest to one Ganpatram on... |
iminal Appeal No. 46 of 1958.
Appeal from the judgment and order dated March 17, 1958, of the Allahabad High Court in Criminal Appeal No. 1635 of 1953, 123 A. section R. Chari, section Pichai and section Venkatakrishnan, for the appellant.
SarjooPrasad, G.C.Mathur and G.P.Lal, for the respondent.
March 28.
The Judgemen... | The appellant was in the permanent service of the Assam Government but his services were lent to the Central Government.
At the relevant time, i e , December 1945 to September 1946, he was posted at Kanpur as Deputy Iron & Steel Controller.
In connection with the granting of permits to certain persons charges under sec... |
Civil Appeal No. 854 of 1971.
Appeal by Special leave from the judgment and order dated the 6th November, 1970 of the Andhra Pradesh High Court in S.A. Nos. 719 and 826 of ]967 T. section Krishnamoorti Iyer Mrs. J. Ramachandran and K. Ram Kumar for the Appellant.
P. Govindan Nair and G. Narasimhulu for Respondent No. 1... | In the insolvency proceedings half the property of one Allabaksh was sold by the official Receiver to Moola Narayanaswamy in 1939 and the other half to Narasimhulu in 1945.
Subsequently Narasimhulu transferred his interest in the property in favour of the daughter of Moola Naraynaswamy for a consideration of Rs. 4,000 ... |
tition (Crl.) No. 8193A of 1981.
(Under Article 32 of the Constitution of India) R. K Garg, V. J. Francis, Sunil Kumar Jain and D. K Garg for the Petitioner Ranga 59 R. K. Jain and P K. Jain for the Petitioner Billa.
N. C. Talukdar and R. N. Poddar for Respondent No. 1.
L. N. Sinha, Attorney General and Miss A. Subhash... | Dismissing the petition, the Court ^ HELD: 1.
Whatever be the guidelines observed for the exercise of the power conferred by Article 72 of the Constitution.
the only sentence which can, possibly be imposed upon the petitioner in The instant case, is that of death and no circumstances exist for interference with that se... |
N: Criminal Appeal No. 221 of 1981.
Appeal by Special Leave from the Judgment and Order dated 23.10.1979 of the Madras High Court in Criminal Appeal No. 759/79 (Referred Trial No. 9/79).
A.T.M. Sampath and P.N. Ramalingam for the Appellant.
A.V. Rangam for the Respondent.
272 The Judgment of the Court was delivered by,... | The Code of Criminal Procedure, 1973 by section 354(3) provides that when the conviction is for an offence punishable with death, the judgment shall in the case of sentence of death state 'special reasons ' for such sentence.
The appellant was charged under section 302 of the Penal Code for having committed the murder ... |
: Civil Appeal No. 3373 of 1979.
From the Judgment and Decree dated 24.1.
1979 of t he Karnataka High Court in Regular Second Appeal Nos. 522 a nd 591 of 1973.
R.B. Datar for the Appellants.
S.S. Javali and Ranjit Kumar for the Respondents.
The Judgment of the Court was delivered by K.N. SAIKIA, J.
This defendants ' ap... | This is defendants ' appeal arising out of a suit for part i tion.
One Mallappa Kulkarni had two sons: Veerappa and Gura p pa.
Verrappa is survived by his son Lingappa.
Gurappa, w ho was in the service of Railways married Channavva (fir st wife) on 16.2.28 but since she remained issueless, he rema r ried in 1955 Chinna... |
N: Criminal Appeal No. 329 of 1975.
From the Judgment & Order dated the 15th April, 1975 of the Allahabad High Court in Crl.
A. No. 1144 of 1971.
R.L. Kohli and S.K. Sabharwal for the Appellants.
D.P. Uniyal and R.K. Bhatt for the Respondent.
The following Judgments were delivered: FAZAL ALI, J.
This appeal by special ... | The five accused Ram Karan, his sons Sunil Kumar, Ved Prakash, Anil Kumar, Satish Kumar and deceased son Chhoteylal filed a Civil Suit 34 of 1967 against the decased Prakash Chandra, his brother Gopi Chandra and one Krishan Devi, alleging that while constructing their new house Prakash Chandra had encroached upon a por... |
ition No. 3783 of 1978.
(Under Article 32 of the Constitution of India) R.K. Garg and V.J. Francis for the Petitioner.
M.M. Abdul Khader, Mrs. Shobha Dikshit and Miss A. Subhashini for the Respondents.
The Judgment of the Court was delivered by PATHAK, J.
The Petitioners are Radio operators Grade (lII) (Naik) in the Si... | An identical scale of pay was being enjoyed by both Naiks and Radio operators Grade III (Naik) in the antral Reserve Police Force before the revision of scales of pay of Central Government employees with effect from January 1,1973 consequent upon the recommendations of the Third Pay Commission.
However, Radio operators... |
Civil Appeal No. 94 of 1972.
Appeal by Special leave from the Judgment and order dated the 23rd July, 1971 of the Punjab and Haryana High Court in Execution Second Appeal No. 1941 of 1969.
Uma Datta and Krishna Datta for the Appellant.
S.K. Mehta, P.N. Puri and M.R. Dua for the Respondent.
The Judgment of the Court was... | Appellant plaintfull in the pre emption suit against the respondent (vendee) and Respondent 2 (Vendor) got a decree.
As per the Trial Court decree the appellant deposited a sum of Rs. 15,500 as the price of the land and RB.
100 u tho charges on account of registration and other expenses of the dead.
Respondent I (vende... |
: Criminal Appeal No. 69 of 1981 Appeal by special leave from the Judgment and order dated the 16th December, 1980 of the Allahabad High Court in Criminal Appeal No. 342 of 1976.
Soli J. Sorabjee, R.K Jain, R.P. Singh and Natin Mohan Popli for the Appellant.
P.R. Mridul, Praveen Kumar, A.K. Sharma and Dalveer Bhandari ... | Premises, "Aranaya Kutir" bearing Municipal No. 47A Jakhan in Dehradun was owned by one Shri R.C. Sood.
He executed a gift deed in favour of Shree Anand Mayee Sangh, Dehradun, with a stipulation that the donor shall remain in possession of the premises during his life time and after his death his widow if alive would r... |
N: Criminal Appeal No. 701 of 1980.
Appeal by special leave from the Judgment and order dated the 5th March, 1980 of the Delhi High Court in Criminal Revision No. 335 of 1974.
B.P. Maheshwari for the Appellants.
M.C. Bhandari, Mrs. Madhhu Mull Chandani and R.B. Datar for the Respondents.
F.S. Nariman, Parveen Kumar Jai... | A Food Inspector of the Municipal Corporation visited tho premises of a shopkeeper and purchased a sample of toffees which, when analysed by Public Analyst, was found not to conform to the prescribed standards.
In clause No. S of the complaint filed before the Magistrate it was stated: "That the accused No. 3 is tho Ma... |
minal Delhi Appeal Nos.
7 to 9 of 1961.
Appeals by special leave from the judgment and order dated January 2, 1961, of the Punjab High Court (Circuit Bench) at Delhi in Criminal Appeals Nos.
464 C, 465 C and 463 D of 1959.
Dingle Foot, D. R. Prem, section M. Sikri, G. H.Jauhari and A. N. Goyal, for the appellant (in Cr... | Appellant Dalmia was the Chairman of the Board of Directors and Principal Officer of the Bharat Insurance company and appellant Chokhani its agent in Bombay.
Appellant Vishnu Prasad, nephew of Chokhani, was the nominal owner of Bhagwati Trading Company but its business was entirely conducted by Chokhani.
Gurha, the oth... |
N: Criminal Appeal No. 175 of 1974.
Appeal by special leave from the judgment and order dated the 18th October, 1973 of the Allahabad High Court in Crl.
Appeal Nos.
1307 and 1966 of 1973.
AND Criminal Appeal Nos.
367 369 of 1974.
Appeals by special leave from the judgment and order dated the 18th October, 1973 of the A... | The prosecution case against the 12 accused persons was that, armed with deadly weapons, they waylaid and assaulted the deceased and three others accompanying him, and that someone among another group of 12 of their associates standing at some distance constantly incited the accused with the words "kill, kill".
The dec... |
Civil Appeal No. 1983 of 1970 From Judgment and Decree dated 29 7 69 of the Punjab & Haryana High Court in F.A.O. No. 35/66.
568 Naunit Lal, K. Vasdev and Ms. V. Grover for the appellant.
V.M. Phadke and Harbans Singh for the respondent.
The Judgment of the court was delivered by MISRA, J.
The present appeal by special... | Sixty five persons claiming to be members of the Sikh community moved an application before the State Government under Section 7(1) of the Sikh Gurudwara Act, 1925 to have a religious institution in village Ramgarh (also known as Bhagtuana of Faridkot tehsil, declared to be a Sikh Gurudwara.
The State Government notifi... |
Civil Appeal No. 263 of 1982.
Appeal by special leave from the Judgment and order dated the Ist September, 1980 of the Andhra Pradesh Administrative Tribunal Hyderabed in Transferred Petition No. 1663 of 1976.
A. Subba Rao for the Appellant.
P.P. Rao and G.N. Rao for Respondent No. 1.
T. V. R. Tatachari, and A. V. V. N... | The appellants, who were serving in the office of the Chief Engineer Nagarjuna Unit as officiating Upper Division Clerks, were transferred to the office of Deputy Chief Accounts officer,.
N.S. Project by an order dated February 8, 1964.
Respondents 2 to 108 were initially recruited as Lower Division Clerks during the p... |
Civil Appeal No. 1537 of 1970.
Appeal by special leave from the judgment and order dated the 10/30th June, 1969 of the Bombay High Court, Nagpur Bench, Nagpur in Appeal No. 90 of 1962.
1178 U. R. Lalit and A. G. Ratnaparkhi, for the Appellant.
section section Khanduja for the Respondent.
The respondent filed a suit in ... | Being in need of money, respondent entered into an agreement with the appellant for a loan of Rs. 2,000 and it was decided that simultaneously she should execute a nominal document of sale and rent note, of her house situated near Sarafa Bazar in Amravati.
These documents were executed on January 7, 1953.
The responden... |
ivil Appeal No. 729 of 1983.
From the Judgment and order dated 20.11.1987 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. F/A No. 1325/83 D (Order No. 920/87 D).
WITH Civil Appeal No. 2479 of 1987.
From the Judgment and Order dated 28.2.1986 of the Customs Excise and Gold (Control) ... | The question that arises for determination in the ap peals is whether the hydrogenated rice bran oil manufactured by the Respondents, could, as claimed by them, be classified under Tariff Item No. 12.
Respondent herein manufacture hydrogenated rice bran oil, which is used as raw material in the soap making and in other... |
Civil Appeal No. 3527 of 1979.
Appeal by Special leave from the Judgment and order dated the 15th JaNuary, 1979 of the Karnataka High Court in Executive Second Appeal No. 89 of 1974.
Dr. Y.S. Chifale, R. B. Datar and Miss Madhu Mool Chandani for the Appellants.
section C. Javali, Ranjit KtJmar and B. P. Singh for the R... | The respondent 's suit for the recovery of money from the first appellant 's husband was decreed and in the execution of the decree certain property of the appellant was brought to sale.
The decree holder purchased that property.
The appellant 's husband having died in the meanwhile his legal representatives filed an a... |
N: Criminal Appeals Nos. 54 &55 of 1974.
Appeals by Special leave from the Judgment and Order dated the 21st September, 1973 of the Allahabad High Court in Criminal Appeal Nos.
1923 & 1918 of 1969 respectively.
Frank Anthony and K B. Rohtagi for the Appellants in Crl.
54 of 1974.
Frank Anthony, S N. Singh and T.N. Sing... | The prosecution case against the accused was that on the night of the occurrence, which was a moonlit night, the deceased was sleeping in the western room of his house while his wife and children were sleeping in the eastern room, between the two of which there was a barotha.
In the room in which the wife was sleeping ... |
ION: Civil Appeal No. 38(NCE) of 1981.
Appeal by Special leave from the judgment and Order dated the 1st January, 1980 of the Madras High Court in Application No. 4309 of 1980 in Election Petition No. 17 of 1980.
AND Special Leave Petition (Civil) No. 1580 of 1981 From the Judgment and Order dated the 13th January, 198... | Respondent No. 1 in C.A. 38 of 1981 filed an election petition under the Representation of the People Act challenging the election of the appellant to the State Legislative Assembly on various grounds.
The petition was accompanied by a pre receipted challan prepared by the Accounts Department of the High Court on the b... |
Civil Appeal No. 4379 of 1983.
From the Judgment and order dated the 11th January, 1983 of the Punjab and Haryana High Court at Chandigarh in Election Petition No. 3 of 1982.
S N. Kacker and V Mayakrishan for the Appellant.
A. K. Sen and Rathin Das for the Respondent.
The Judgment of the Court was delivered by DESAI, J... | Sub r.
(1) of r. 1 of O. XVI, Code of Civil Procedure, 1908 casts an obligation on every party to a proceeding to present a list of witnesses whom it proposes to call and to obtain summonses to such persons for their attendance in court; sub r.
(2) requires that the party seeking such assistance from the court must mak... |
Appeal No. 109 of 1957.
Appeal by special leave from the judgment and order dated March 1, 1956, of the Bombay High Court in Appeal No. 20 of 1956.
G. section Pathak, K. H. Bhabha, H. M. Vakeel and I. N. Shroff, for the appellants.
C. K. Daphtary, Solicitor General of India, B. K. Khanna and P. D. Menon, for the respon... | The appellants were members of the East India Cotton Association which was an association recognised by the Cen tral Government under the Forward Markets Regulation Act, 1952.
Prioi to December 1955, they had entered into "hedge contracts" in respect of cotton for settlements in February and May 1956 in accordance with... |
N: Criminal Appeal No. 386 of 1983.
From the Judgment and order dated the 23rd June, 1981 of the High Court of Bombay in Crl.
Appeal No. 1138 and 1144 of 1980.
section N. Jha, Amicus Curiae for the Appellant.
M. N. Shroff for the Respondent.
The order of the Court was delivered by CHINNAPPA REDDY, J. Special Leave gran... | The petitioner was convicted for the offence u/s 302 I.P.C. and sentenced to life imprisonment by the Sessions Judge.
The appeal preferred by him was dismissed by the High Court of Bombay in limine.
Hence the appeal by Special leave.
Allowing the petition and directing the High Court to admit the appeal and deal with i... |
DICTION: Civil Appeals Nos.
51 72 of 1981.
Appeals by Special Leave from the Judgment and Order dated the 22nd September.
1980 of the High Court of Himachal Pradesh at Simla in R.F.A. Nos. 262, 249, 251, 252, 261, 265, 266, 267, 280, 281, 292, 297, 299, 300, 307, 308, 352, 355, 356, 366, 370 and 220 of 1980 respectivel... | Certain lands were notified for acquisition in the years 1962 and 1963 under s.4(1) of the Land Acquisition Act, 1894.
On the question of payment of compensation the Land Acquisition Officer, relying on an earlier award in respect of similar lands acquired for the very same public purpose adopted the same criteria and ... |
Civil Appeal No. 236 of 1983.
From the Judgment and Order dated the 11th January, 1983 of the Punjab and Haryana High Court in Election Petition No.2 of 1982.
M. C. Bhandare and Prem Malhotra for the Appellant.
Hardev Singh and R. section Sodhi for the Respondent.
The Order of the Court was delivered by FAZAL ALI, J.
T... | The appellant, who was a returned candidate, filed a recrimination petition in the election petition filed by the first respondent and another.
As a result of the recount to which all the parties had agreed, the High Court declared the first respondent as elected.
Hence this appeal.
Dismissing the appeal.
^ HELD: The c... |
ivil Appeal Nos.
3085 of 1981 and 3628 3649 of 1982.
From the judgment and Order dated the 6th July, 1981 and 5th August, 1982 of the High Court of Karnataka at Bangalore in Writ Appeal Nos.
724/81 and 1324/80, 1470, 1788, 1894/81, 55, 94, 368/82, 475/81, 1133/82, 21310/80, 22158, 21822/80, 10531, 10612/82, 1086, 1778/... | The appellant Corporation terminated the employment of some of its employee respondents who were probationers on the ground of unsatisfactory service, some during the period of their probation and others during the extended period of probation.
The Labour Court, to which the dispute was referred, held that section 25F ... |
Civil Appeal No. 5742 of 1983 Appeal by Special leave from the judgment and order dated the 7th May, 1983 of the Assam High Court in Civil Rule No. 1292 of 1982.
K.K. Venugopal, Ms. Laxmi Venugopal, A.K Bordelay, C.S. Vaidyanathan and Praveen Choudhary for the Appellants.
S.S. Ray, A.S. Pundir, Vijay Hansaria, Sunil Ku... | The Board of Revenue on a consideration of the material on record as to the suitability or otherwise of the rival pairs of claimants upheld the grant of a liquor licence made by the Deputy Commissioner in favour of the appellants.
It held that respondent No. 1 was a mere benamidar of a prominent businessman and respond... |
Special Leave Petition (Civil) No. 4783 of 1988.
536 From the Judgment and order dated 23.2.88 of the High Court of Gujarat in Civil Rev. Appln.
No. 1737 of 1982.
S.K. Dholakia, D.L. Kothari, R.C. Bhatia and P.C. Kapur for the Petitioners.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This is an ap... | The Petitioner and the respondent father and son respectively referred certain disputes, which arose between them to the Arbitrator, who made the award.
The award, duly signed by the parties and the Arbitrator, contained an endorsement to the effect that the award was agreed to and binding upon both the parties.
The re... |
ivil Appeal No 3177 of 1982.
From the Judgment and Order dated 24 ' 81 of the Orissa High Court in Original Jurisdiction Case No. 233 of 1977.
N K Das and A P Mohanty for the Appellant G L. Sanghi R K Mehta, Ms. Mona Mehta and J R Das for the Respondents The Judgment of the Court was delivered by SHARMA, J.
The questio... | Orissa Estates Abolition Act, 1951 was enacted to abolish all the rights in the land of intermediaries between the raiyats and the State of Orissa by whatever name known and for vesting the same in the State.
Section 3 authorises the State Government to declare by a notification any estate specified therein to have pas... |
Civil Appeal No. 96 of 1972.
From the Judgment and Order dated 23rd December, 1971 of the High Court of Judicature at Allahabad in Second Appeal No. 3082 of 1971.
Yogeshwar Prasad, Mrs. Rani Chhabra and section K. Bagga for the Appellants.
B. R. Agarwala, R. H. Pancholi and Ms. Vijayalakshmi Menon for the Respondent.
T... | The appellants being mother and son of one Jagmohan Swarup who was governed by the and who died intestate on June 15, 1967 filed Civil Suit No. 122 of 1970 on the file of the first Additional Civil Judge, Dehradun for a declaration to the effect that they were together entitled to 2/3rd share of the amount due and paya... |
N: Criminal Appeal No. 692 of 1983.
From the Judgment and order dated 29th November, 1983 of the Punjab & Haryana High Court at Chandigarh in Criminal Writ Petition No. 516 of 1983.
K. Parasaran, Attorney Genl.
of India, Bhagwant Singh, Advocate General (Punjab), Gurmukh Singh, Addl Adv.
of Punjab, D.S. Brar, Asstt Adv... | The respondent challenged the order of his detention passed by the District Magistrate, Ludhiana on October 3,1983 under section 3 (3) read with section 3 (2) of the , through Criminal Writ Petition No. 516 of 1983.
According to the petitioner respondent, the grounds of detention served on him on Oct. 6, 1983 showing t... |
Appeal No. 374 of 1956.
Appeal by special leave from the judgment and order dated December 19, 1955, of the Assam High Court in Revenue Appeal No. 33(M) of 1955.
Civil Rule No. 76 of 1955.
Fakhruddin Ali Ahmed and K. R. Chaudhry, for the appellant.
D. N. Mukherjee, for respondent No. 1.
section M. Lahiri, Advocate Gene... | Section 16 of the Assam Land Revenue Regulation, 1 of 1886 defines " right of fishery " and section 155(f) empowers the Provincial Government to make rules for " the granting of licences, or the farming of the right. . to fish in the fisheries".
The State Government accordingly framed the Fishery Rules and r. 12 thereo... |
Civil Appeal No. 3429 of 1982 Appeal by Special leave from the Judgment and order dated the 29th July, 1982 of the Madhya Pradesh High Court in Misc.
Petition No. 1169 of 1981.
G.L. Sanghi and Ashok Srivastava for the Appellant.
D. Y.S. Chitale, Mrs. A K. Verma, D.N. Misra, A.M. Dittia and A K. Sanghi for the Responden... | The appellant was a State Judicial Service officer in the grade of Additional District & Sessions Judge.
Consequent upon the decision of the State Government to reorganise the Higher Judicial Service it was decided that a number of posts of the cadre of Additional District & Sessions Judges be abolished and the incumbe... |
N: Criminal Appeal No. 356 of 1983 From the judgment and order dated 25 7 83 of the Special judge, Bombay in Special Case No. 24 of 1983.
#AND Transferred Case No. 348 of 1983 AND Transferred Case No 348 of 1983 Ram Jethmalani P.R. Vakil, Ms. Rani Jethmalani, Mukesh Jethmalani, O.P. Malviya, Shailendra Bhardwaj and Har... | The appellant, R.S. Nayak, filed a complaint against the respondent, A.R. Antualy, a public servant being the Chief Minister of Maharashtra State under sections 161, 165 I.P.C. and section 5 of the Prevention of Corruption Act, 1947 (1947 Act) alleging abuse of office of Chief Minister.
The complaint was rejected on ac... |
minal Appeal No. 130 of 1955.
I Appeal under Article 134 (1) (C) of the Constitution of India from the judgment and order dated March 11, 1955, of the Allahabad High Court (Lucknow Bench) at Lucknow in Criminal Revision No. 60 of 1954 arising out of the judgment and order dated February 21, 1954, of the Sessions Judge ... | In 1953 the respondent executed a surety bond undertaking to produce, the accused before the Magistrate and to forfeit Rs. 500 to King Emperor, Qaisar e Hind as penalty if he failed to do so.
Upon his failure to produce the accused, the Magistrate forfeited the bond to the extent of Rs. 300.
The contention of the respo... |
Petition No. 1740 of 1984.
(For Directions) IN (Criminal Appeal No. 356 of 1983) 413 And (Criminal Misc.
Petition No. 2217 of 1984) (For Directions) IN (Criminal Appeal No. 356 of 1983) Ram Jethmalani, Ms. Rani Jethmalani, Naresh Jethmalani and J. Wad for the Petitioner.
A.K. Sen, M. N. Shroff and Dalveer Bhandari for ... | In compliance with directions given by the Constitution Bench of the Supreme Court, the Bombay High Court withdrew to itself Special Case No. 24 of 1982 and Special Case No. 5/83 pending in the Court of the Special Judge, Greater Bombay and assigned the said two cases to Mr. Justice S.N. Khatri a sitting Judge of the s... |
Civil Appeals Nos. 1 1970 1 1972 of 1983 Appeals by Special leave from the] judgment and order dated the 27th July, 1983 of the Madras High Court in W. A. Nos.
523, 531 & 528 of 1983.
K.K. Venugopal and C. section Vaidyanathan for the Appellants in CA Nos. 1 1970 71183.
Sahnti Bhushan, A. T. M. Sampath and Mr. K. Subra... | On the surrender of the licence for the manufacture and supply of bottled arrack for the Chingleput District for the financial year ]982 83 by the then existing licensee, the Commissioner of Prohibition and Excise called for fresh applications from intending persons for the grant of licence under the Tamil Nadu Arrack ... |
Civil Appeal No. 5313 of 1983.
Appeal by Special leave from the Judgment and Order dated the 17th January, 1983 in CMWP.
No. 8397 of 1982.
Shanti Bhushan and section Markandeya for the Appellant.
Gopal Subramaniam and Mrs. section Dikshit for the Respondents.
The Judgment of the Court was delivered by VENKATARAMIAH, J.... | On January 8, 1980 the respondent State issued a notification under Sec. 4 (1) of the Land Acquisition Act of 1894 for acquisition of 60 adjoining plots of land of two small villages for construction of a market yard.
The notification also contained an order of the Government made under Sec.
17(4) of the Act directing ... |
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