judgement stringlengths 875 654k | summary stringlengths 200 73.4k |
|---|---|
Civil Appeal No. 82 of 1971.
From Judgment and Decree dated 26.2.65 of Allahabad High Court in first appeal No. 457 of 1952.
J.P. Goyal and S.K. Jain for the appellants.
V.C. Mahajan and A. Subhashini for the respondents.
The Judgement of the Court was delivered by SEN, J.
This appeal on certificate brought from the ju... | The plaintiff 's father Seth Lachhman Dass Gupta entered into a contract with the Governor General in Council for the supply of charcoal to the Military Supply Depot, Agra and received payments for the same at the contractual rate from time to time.
The contract contained an escalation clause viz. cl.8 to the effect th... |
vil Appeal Nos.
2704 06 of 1979.
From the Judgment and Order dated 1.5.1979 of the Guja rat High Court in Special Civil Appln.
Nos. 133 of 1976, 325 and 384 of 1976.
A.B. Rohatagi, Harish N. Salve, Ms. Palavi Shroff, S.S. Shroff, P.S. Shroff and R. Sasiprabhu for the Appellants.
Kapil Sibbal, Suresh Shelat, P.H. Parekh... | Appellant No. 1 is a public trust and the other appel lants are its trustees.
The Trust was running a science college at Ahmedabad.
The college initially had temporary affiliation to the Gujarat University.
From June 15, 1973 onwards the college had permanent affiliation.
A dispute between the University Area Teachers ... |
Appeal No. 103 of 1950.
Appeal from a Judgment of the Bombay High Court (Chagla C.J. and Tendolkar J.) dated 25th March, 1949, in Income Tax Reference No. 31 of 1948.
M. C. Setalvad, Attorney General for India (G. N. Joshi, with him) for the appellant.
R.J. Kolah, for the respondent.
Oct. 1.
The Judgment of the Court w... | The expenditure incurred by a company carrying on the manufacture and sale of textile goods in registering for the first time its trade marks which were not in use prior to the 25th January, 12 1937, is revenue expenditure and an allowable deduction under Sec.
10 (2) (xv) of the Indian Income tax Act.
The fact that a t... |
ION: Civil Appeal No. 1574 of 1980.
Appeal by Special leave from the Judgment and Order dated the 27.7.1979 of the Allahahad High Court in C.M.W. No. Nil of 1979.
Anil Dev Singh, S.L. Aneja and K.L. Taneja for the Appellant.
M.C. Manchanda, Mrs. Shobha Dikshit and Pramod Swarup for the Respondent.
His attempts to get t... | The respondent landlord filed a suit for ejectment in the year 1971 and obtained a decree for ejectment against the appellant tenant.
By virtue of the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, the case was transferred to the court of the Judge, Small Causes, who tried ... |
Civil Appeal No. 1381 of 1980 Appeal by Special leave from the Judgment and order dated the 7th July, 1980 of the Punjab and Haryana High Court in Civil Writ Petition No . 1917 of 1980.
And Civil Appeal No. 2667 of 1983.
Appeal by Special leave from the Judgment and order dated the 8th July, 1980 of the Punjab and Hary... | With the introduction of the system known as "10 plus 2 plus 3" in the educational institutions in the country, the Association of the Indian Universities decided the equivalence of this 10+2+3 system with the old 11+3 years degree course system still prevalent is some.
States and it suggested that in all States where ... |
Civil Appeal No. 1746 of 1980.
Appeal by Special leave from the Judgment and Order dated the 4th September, 1979 of the Punjab and Haryana High Court in Civil Writ Petition No. 2780 of 1979.
N.D. Garg, S.K. Bisaria and T.L. Garg for the appellant.
Girish Chandra for Respondent No. 3.
The Judgment of the Court was deliv... | The appellant was dismissed from the post of "Branch Manager" by respondent No. 3, Bank, after an inquiry relating to fraudulent encasement of a draft by one Labh singh.
His demand in regard to his dismissal, was referred by the Govt.
of Punjab to the Conciliation Officer, who recommended that the appellant 's case sho... |
Appeal No. 213 of 1956.
Appeal from the judgment and decree dated Septem.
ber 22, 1954, of the Allahabad High Court in Special Appeal No. 8 of 1954 arising out of the judgment and decree dated January 6, 1954 of the said High Court in Civil Miscellaneous Writ Petition No. 651 of 1953.
section P. Sinha and section N. Mu... | A dispute between an employer and a single workman does not fall within the definition of " industrial dispute " under the U.P. industrial Disputes Act, 1947.
But though the applicability of the Act to an individual dispute as opposed to a dispute involving a group of workmen is excluded, if the workmen as a body or a ... |
Civil Appeal Nos.
2332 1970, 2432,2784 2877 of 1981 and 7447 to 7497 of 1983 Appeals by Special leave from the Judgment and Order dated the 19th June, 1981 of the Madras High Court in Writ Petition Nos. 338, 4263 of 1977, 4028/80, 2662/78, 4056, 2171, 2170/80, 4136/78,4339/80, 2028/78,2085/80, 2178/78,1590/76,3164, 242... | The respondent a monthly rated employee of the appellant a public limited company, ceased to be an employee on attaining the age of superannuation after completing 35 years of service.
Since he was entitled to payment of Gratuity under the , the appellant calculated the amount of gratuity payable under sub s.(2) of s.4... |
N: Criminal Appeal Nos.
287 & 288 of 1980 Appeals by Special leave from the judgment and Order dated the 27th July & 8th August, 1979 of the Bombay High Court in Crl.
Appeal Nos. 7 of 1977 and 605 of 1978.
781 V.S. Desai, Mrs. J. Wad and Miss Aruna Mathur for the Appellants.
O.P. Rana, K. V. Sree Kumar and M.N, Shroff,... | In Sessions Case No. 26 of 1976, seven accused namely Sitarama @ Sitya, Sundera @ Sundarayya, Kishana @ Kishanayya, Gangarama @ Gangayya, Prakash, Vinayak and Shrirang were charged and tried together for offences under section 302 read with section 120B and also under section 302 read with section 34 I.P.C. Charge No. ... |
Civil Appeal No. 996 of 1979 From the Judgment and Order dated 26.10.78 of the Madhya Pradesh High Court in Misc.
Petition No. 176/74.
S.N. Kacker, S.K. Ghambir and Ashok Mahajan for the appellant.
T.U. Mehta, S.S. Khanduja, R.D. Jain, Mehfooz Khan and Yashpal Dhingra for the respondents.
The Judgment of the Court was ... | The Board of Directors of the appellant bank was superseded by the Registrar of the Cooperative Societies and its powers were vested in the M.P. State Cooperative Bank which is an Apex Bank as "officer in charge" of the superseded bank.
The Apex Bank appointed one S.P. Jain as the Chief Executive officer of the appella... |
ivil Appeal Nos.
3452 54 and 4030 32 of 1982.
Appeals by Special leave from the Judgment and order dated the 20th November, 1979 of the Punjab and Haryana High Court in L.P.A. Nos.
26,62, 29, 38,39, and 30 of 1978.
R.K. Garg and N.S. Das Bahl for the Appellants in CAs.
Nos 3452 54 of 1982.
M.K. Ramamurthi, and Mrs. Urm... | The appellants who were employed as Masters and Mistresses in High and Higher Secondary Schools run by the State Government and possessed an M.A. or M.Sc.
or B.T. or B.Ed.
degree contended in their writ petitions that they were paid according to the pay scale of Rs. 220 500 and claimed that they were entitled to either... |
: Criminal Appeal No. 50 of 1976.
Appeal by Special leave from the Judgment and order dated the 2nd October, 1975 of the Rajasthan High Court in S.B. Criminal Appeal No. 850 of 1971.
V.B. Raju and N.N. Sharma for the Appellant.
Badri Das Sharma for the Respondent The Judgment of the Court was delivered by RANGANATH MIS... | The prosecution alleged that PW 2 had given a First Information Report of two offences but appropriate investigation was not being done and charge sheet was not being furnished to the Court.
When PW. 2 contacted the Appellant the Head Constable of the Police Station he demanded money.
2 thereupon informed the Anti Corr... |
ivil Appeal No. 3927 of 1986.
From the Judgment and Order dated 18.6.
1986 of the Bombay High Court in Writ Petition No. 10 of 1980.
S.K. Dholakia, A.M. Khanwilkar and Mrs. V.D. Khanna for the Appellant.
V.M. Tarkunde, Karanjawala, Mrs. Karanjawala and H.S. Anand for the Respondent.
The Judgment of the Court was delive... | The respondent was a Deputy Registrar of the appellant University.
As the Controller of Examinations had proceeded on leave the respondent was discharging the duties of Con troller of Examinations.
A complaint alleging that the respondent had delayed the payment of the bills of an out station party who had printed the ... |
Appeal No. 92 of 1952.
Appeal by special leave from the Judgment and Order dated 16th May, 1951, of the High Court of Judicature at Calcutta (Harries C. J. and Das J.) in Appeal from Original Order No. 136 of 1949 arising out of Judgment and Order dated the 25th April, ' 1949, of the said High Court (Banerjee J.) in Ex... | An order for transfer of a suit, made under clause 13 of the Letters Patent of the Calcutta High Court is not a "judgment" within the meaning of clause 15 of the Letters Patent and no appeal lies therefrom under the Letters Patent, as it neither affects the merits of the controversy between the parties in the suit itse... |
Civil Appeal No. 1724 of 1982.
From the Judgment and order dated the 15th March, 1982 of the Gauhati High Court (Agartala Bench) in E.P. No. 2 of 1980.
G.L. Sanghi, S K. Nandy and section Parekh, for the Appellant.
R.K. Garg and S.C. Birla for the Respondent.
The Judgment of the Court was delivered by SABYASACHI MUKHAR... | Respondent No. 1 was employed in the Agartala Municipality and held the post of an Assistant Accountant.
The Commissioners of this Municipality were superseded by an order of the State Government under Section 553 of the Bengal Municipal Act, 1932 as extended to the State of Tripura in 1975.
Respondent No, 1 who was un... |
ce Act 1948 covers all factories or establishment with 20 or more employees and the benefit is intended to be given to institutions with more than that number.
Because the legislation is beneficial it should also apply to factories or establishments with less than 20 employees is not the contention on behalf of the app... | The Respondent firm was engaged in the manufacturing of matches.
The Inspector of the Employees State Insurance Corporation who inspected the firm found that there were 18 regular employees and three of the partners worked regularly for wages.
As the number of employees were over 20 he held that the Respondent firm inc... |
Civil Appeal No. 12 of 1955.
Appeal from the judgment and decree dated September 10, 1953, of the Calcutta High Court (Original Side) in I. T. Reference No. 8 of 1947.
C. K. Daphtary, Solicitor General for India, G. N. Joshi and B. H. Dhebar, for the appellant.
K. P. Khaitan, Rameshwar Nath, section N. Andley and J. B.... | The respondent was a company carrying on life, fire, marine and general insurance business, and the question for determination related to the assessment of excess profits tax on its income other than life insurance.
The method adopted by the company with respect to fire insurance policies was that while the premiums re... |
Civil Appeal Nos.
1299 A to 1303 of 1973 From the Judgment and order dated the 3rd February, 1972 of the Andhra Pradesh High Court in case referred No. 61 of 1970 section T. Desai, M. N. Tandon and Miss. A. Subhashini for the Appellant.
A. Subba Rao, for the respondent.
The Judgment of the Court was delivered by PATHAK... | The respondent assessee filed voluntary income tax returns for some assessment years after the date prescribed by Sub s.(l)of.139 of the Income Tax Act, 1961.
The Income Tax officer treated the assessee as being in default and imposed penalties under cl.
(a) of Sub s.(1) of s.271 of the Act.
In appeal before the Appell... |
section 1347 60/81, 132 143, 3405 16, 342Q 22, 3423 25 of 1980, 806 18 of 1981,4251,9500 05, 9511 13 9514 of 1981, 21 23,37 43, 45 56, 63, 91 1 l l, 166 67, 174, 181 192 of 1980, 407 11 of 1979, 412 415, 416 18 of 1979, 193 220, 237 48, 825 36, 7) 1 722 of 1982, 723 39, 3 19 30,969 78, 2171 73 of 1982 and 3864 69 of 19... | An Ordinance, U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (Amendment and Validation Ordnance No. 1969) passed on November 5, 1969 amended the definition of "agricultural produce" embodied in section 2(a) of the U P. Krishi Utpadan Mandi Adhiniyam Act 1964 and 'gur, rab, shakkar, khandsari and jaggery ' were included in t... |
tition Nos.
16093/84 & 1 3243/83 G Under Article 32 of the Constitution of India.
Sobhag Mal Jain , S.K. Jain and D.K. Garg for the Petitioner.
A.K. Ganguli and R.N. Poddar for the Respondents.
The Judgment of the Court was delivered by 610 CHINNAPPA REDDY , J.
On November 20 , 1984 this writ petition was heard along w... | Paragraph 2 of of the 1st Schedule to the , 1954 , provides that the pension payable to a Judge shall be (a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a Judge , his service as a Judge being treated as service therein for the purpose of calculating that pens... |
N: Criminal Appeal Nos.
545 of 1982, 209, and 210 213 of 1983.
From the Judgment and Order dated 13.9.82 of the Gauhati High Court in Crl.
Death Ref No 1/8l and Crl.
Appeal No. l9(j), 24 & 25 of 1981.
Jain and Mrs. K. Kochar for the Appellants.
Nandy for the State of Assam.
537 Rajendra Singh, M/s. M.L. Lahoty, VB.Josh... | The deceased a boy of 9 was playing with the children in the Pandal near a Shiva Temple on 26th March 1975 which was a day of 'Holi ' festival.
The prosecution 's case is that accused Nos. 1 and 2 kidnapped and murdered the deceased with a view to extract ransom from his father.
Accused No. 1 was arrest d on 10th April... |
ition No. 1938 of 1981 (Under Article 32 of the Constitution of India) M. K. Ramamurthy and P. P. Singh for the Petitioners.
M. C. Bhandare, Raju Ramalchandran, R. R. Garg, V. J. Francis and N.M. Popli for the Respondents.
Normally a resolution of such a dispute these two well known groups of service employees would ne... | The 39 petitioners in the writ petition were promotees to the post of Assistant in the Indian Council of Agricultural Research first respondent.
The Nos. 3 second respondent was the Union of India and respondent Nos. 3 to 31 were direct recruits to the same post.
Respondent Nos. 32 to 88 were also promotees and implead... |
Civil Appeals Nos. 2585 and 2586 of 1978.
From the Judgment and Order dated 14.2.1978 of the Kerala High Court in T.R. C. No. 6 and 9 of 1977.
V.J. Francis for the Appellant.
S.T. Desai (A.C.) for the Respondent.
The Judgment of the Court was delivered by 138 PATHAK, J.
These appeals by special leave are directed again... | The respondent in the appeal was a partnership firm dealing in timber and consisted of six partners.
It filed returns of its taxable turnover for the assessment years 1968 69 and 1969 70 under the Kerala General Sales Tax Act, 1963 and the assessments were completed by the Sales Tax Officer.
Subsequently, the Sales Tax... |
ivil Appeal No. 3342 of 1979.
From the Judgment and Order dated 28.4.1978 of the Allahabad High Court in Second Civil Appeal No. 300 of 1975.
O.P. Rana and Raju Ramachandran for the Appellant.
Vivek Ghambir and Praveen Kumar for the Respondent.
The Judgment of the Court was delivered by PATHAK, CJ.
This is a landlord '... | The respondent inherited tenancy of the demised premises alongwith his mother, brothers and sisters from their fa ther.
A notice under section 106 of the terminating the tenancy was served on him.
It was followed by a suit for ejectment against him.
Upholding the validity of the said notice, the trial court took the vi... |
ivil Appeal Nos.
636 639 of 1971.
From the Judgment and Order dated 14.5.1963 of the Allahabad High Court in F.A. Nos.
239/1945, 171/1946, 239/1945, and 171/46 respectively.
V.K.S. Chaudhury, V.V. Misra.
S.S. Khanduja, A.S. Pundir, Dhirendrajit Singh, Mahfooz Khan and Y.P. Dhingra for the Appellants, in C.A. Nos.
636 3... | One Lala Gurdin, who had acquired extensive landed property in Kanpur died on December 10, 1861 leaving behind his widow Smt.
Amrit Kuer and three daughters: Smt.
Hazarao Kuer from his predeceased wife, and Smt.
Mewa Kuer and Smt.
Prago Kuer from Smt.
Amrit Kuer.
After the death of Gurdin his entire estate came into th... |
ivil Appeal No. 617 (NL) of 1975.
From the Judgment and Order dated 4.12.1973 of the Madhya Pradesh High Court in Misc.
Petition No. 713 of 1971.
M.K. Ramamurthy, Vineet Kumar and N.D.V. Raju for the Appellant.
G.B. Pai, S.K. Gambhir, Ashok Mahajan and Ms. section Kirpalani for the Respondents.
The Judgment of the Cour... | The appellant was appointed as Store Keeper cum Accountant in one of the branches of the Madhya Pradesh Khadi and Village Industries Board, a body corporate constituted under the M.P. Khadi and Village Industries Act, 1959.
His services were terminated by an Order dated 23.9.1964 after giving one month 's notice.
The t... |
Civil Appeal No. 625 of 1972.
From the Judgment and Order dated 13.9.1971 of the Punjab & Haryana High Court in L.P.A. No. 254 of 1971.
S.K. Bagga, for the Appellants.
The Judgment of the Court was delivered by MISRA, J.
The present appeal by special leave is directed against the judgment of a Division Bench of the Hig... | Respondent No.2 a registered House Building Society with 32 members entered into an agreement with the Government of Punjab where under the Government agreed to advance a loan of Rs. 1,02,000 to its members under the lower income group housing scheme for the purpose of constructing residential houses in Dera Baba Nanak... |
Appeal No. 24 of 1960, Appeal from the judgment and decree dated August 1, 1957, of the Allahabad High Court in Special Appeal No. 249 of 1955.
B. Sen, P. W. Sahasrabudhe and 1.
N. Shroff, for the appellant.
G. section Pathak and O. C. Mathur, for the respondents.
April 30.
The Judgment of Kapur, Ayyangar and Mudholkar... | The appellant instituted a suit for the recovery of money against the respondents in a Court in Gwalior State in May 1947.
The respondents who were residents in U. P. did not appear before the court and in November 1948 the Gwalior Court passed an ex partc decree.
On September 14, 1951, the Gwalior Court transferred th... |
Civil Appeal No. 2649 of 1984.
Appeal U/s 116A of the R.P. Act 1951 from the Judgment and Order dated 30.5.1984 of the Punjab & Haryana High Court at Chandigarh in E.P. No. 8 of 1982.
H.L. Sibal, Kapil Sibal, Mrs. Madhu Tewatia Singh and N.M. Popli for the Appellant.
S.N. Kacker and Ravinder Bana for the Respondents.
b... | In the election held on 19.5.1982 to the Haryana Legislative Assembly from the Jind Constituency, the appellant was declared elected over his nearest rival respondent No. I with a margin of 146 votes.
Respondent No. I challenged the appellant 's election inter alia, on the ground that the appellant and his father Sita ... |
Civil Appeal Nos. 295 & 296 (NT) of 1974.
From the Judgment and Order dated 19.7.1973 of the Kerala High Court in I.T.R. Nos. 32 and 33 of 1971.
section Poti, section Sukumaran and D.N. Mishra, for the Appellant.
G.C. Sharma, K.C. Dua and Miss A. Subhashini, for the Respondent.
The Judgment of the Court was delivered b... | The assessee appellant had associated himself with the India Gospel Mission while he was getting his education in the United States of America during 1953 to 1957 and was propagating the ideals of Indian Christian Crusade, U.S.A., an Institution sponsoring religious education in India.
The India Gospel Mission was coll... |
N: Criminal Appeal Nos.
844 845 of 1985.
From the Judgment and Order dated 1.12.1982 of the Delhi High Court in Crl.
(Main) No. 551 of 1982.
Anil Deo Singh, R.N. Poddar and P.K. Mukharjee for the Appellants.
Anil Kumar Gupta, Amicus Curiae for the Respondents.
The Judgment of the Court was delivered by 814 B.C.RAY, J.
... | A Complaint was filed by the Special Railway Magistrate against the appellants, Balbir Singh and Ram Shankar, members of Delhi Police Force, alleging that the Search Memos which were signed by the sub Inspector Balbir Singh did not bear any signature of the witness Ram Shankar at the time when the said Search memos wer... |
ivil Appeal No. 1349(NT) of 1974.
From the Judgment and Order dated 20th June, 1973 of the Gujarat High Court in Estate Duty Ref.
No. 3 of 1970.
S.C. Manchanda, K.P. Bhatnagar and Miss A. Subhashini for the Appellant.
48 S.T. Desai and S.C. Patel for the Respondent.
The Judgment of the Court was delivered by SABYASACHI... | One N. Kanti Lal had 28% share in a partnership firm.
The Partnership Deed, by cl.
(10) provided that the firm shall not stand dissolved on death of any of the partners and the partner dying shall have no right whatever in the goodwill of the firm.
On his death, the respondent accountable person filed necessary return ... |
ION: Civil Appeal No. 824 of 1986 From the Judgement and order dated 10.
1.1986 of the Bombay High Court in W.P. No. 5327 of 1985.
S.N. Kacker.
Rani Chhabra and Swatanter Kumar for the Appellant.
V.S. Desai, C.V. Subba Rao, A.S. Bhasme and A.M. Khanwilkar for the Respondents.
The Judgment of the Court was delivered by ... | The appellant is carrying on the business of bulk supply of milk and milk products for the last twenty years.
He has a plant for pasteurization at Pune.
On July 16, 1985 the officer in charge of the Military Farms respondent No. 2, issued tender notice for the supply of pure fresh buffalo and cow milk.
The appellant be... |
Civil Appeal No. 3435 of 1984 etc.
From the Order dated 24.7.1984 of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. ED/SB/A.664/84 D. K.K. Venugopal, Soli J. Sorabji, Bishambar Lal, H.K. Kochar I.L. Beri, P.K. Chatterjee, Rajesh Agarwal and Arun Kr Sinha for the Appellants.
G. Das, A... | The appellant carries on the business of manufacturing and selling glass mirrors.
Before March 1, 1979 glass mirrors were treated as exempt from duty as they were manufactured from duty paid glass.
This exemption was cancelled from March 1, 1979 and in Tariff Item 23A(4) the words 'other glass and glass ware ' were sub... |
ivil Appeal No. 1643 of 1984.
From the Judgment and Order dated 6.7.
1982 of the Allahabad High Court in Writ Petition No. 1499 of 1974 G.L. Sanghi, Mrs. section Dixit and Pradeep Misra for the Appel lants.
Kuldip Singh, Additional Solicitor General, Ashok K. Srivastava, C.V. Subba Rao, Mrs. Sushma Suri and A. Subba Ra... | The appellants in the appeal were appointed in or about January, 1959 as Trade Apprentices in Locomotive Component Works.
In August, 1961 there was a merger of Locomotive Component Works with Diesel Locomotive Works, as a result of which all the members of the staff of LCW were taken over by DLW.
The appellants were ap... |
ivil Appeal Nos.1685 and 1686(NT) of 1974 From the Judgment and Order dated 21st February, 1974 of the Karnataka High Court in Tax Reference Nos. 67 and 68 of 1972.
M.K. Banerjee, Additional Solicitor General, Ms A. Subhashini and B.B.Ahuja for the Appellant G. Sarangan and Mukul Mudgal for the Respondent.
The Judgment... | The assessee company is engaged in the manufacture of autombile spares.
During the previous year relevant to the assessment year 1966 67, the assessee also commenced the manufacturing of alloy steels.
Both the industries are included in the Fifth Schedule to the Income Tax Act, 1961.
The assessee sustained a loss in th... |
ivil Appeal No. 642 (NT) of 1974.
From the Judgment and Order dated 25.4.1973 of the Madras High Court in T.C. No. 243 of 1969.
240 S.T. Desai, Inbarajan and A.T.M. Sampath for the Appellant.
M.M. Abdul Khader, V.C. Nagarajan and A.V. Rangam for the Respondent.
The Judgment of the Court was delivered by SABYASACHI MUKH... | The appellant company in Civil Appeal No.642 of 1974 was doing the business as ship chandler.
It imported the goods from foreign countries and after receipt of the goods, kept them in a bonded warehouse under the relevant provisions of the .
The ware house was under dual control of the Customs Department and the import... |
Appeal No. 383 of 1961.
Appeal from the judgment and order dated July 21 1959, of the Special Bench of the Calcutta High Court in Matter No. 76 of 1952.
D. R. Prem and R. L. Dhebar, for the appellant and respondents NOS.
2 and 3.
section P. Desai and B. P. Maheshwari, for respondent No. 1 565 1962.
April 30.
The brief ... | The respondent imported 2,000 drums of mineral oil and the appellant confiscated 50 drums and imposed a personal penalty.
The appeal of the respondent was dismissed by the Central Board of Revenue.
The respondent filed a petition under article 226 of the Constitution in the Calcutta High Court.
A Full Bench of the High... |
Civil Appeal No.1396 of 1974 From the Judgment and order dated 28.2.1973 of the Kerala High Court in I.T. Reference No. 84 of 1971.
T.S. Krishnamurthy Iyer, V.J. Francis and N.M. Popli for the Appellant.
S.Balakrishnan for the Respondent.
The Judgment of the Court was delivered by PATHAK J.
This appeal by special leave... | The Kerala Agricultural Income Tax Act, 1950 provides for the levy of tax on agricultural income in the State of Kerala.
Section 5 details the deductions to be made in computing the agricultural income.
Clauses (e), (g), (h) and (i) refer to interest paid by the assessee in different kinds of cases.
The interest in all... |
Civil Appeal No. 1348 (NT) of 1974 From the Judgment and order dated 7.1.1974 of the Allanabad High Court in I.T.R. No. 364 of 1971.
S.C. Manchanda, V.J. Francis, N.M. Popli and Ujjal Singh for the Appellant.
V. Gouri Shankar and Miss A. Subhashini for the Respondent.
The Judgment of the Court was delivered by PATHAK, ... | Section 279 of the U.P. Zamindari Abolition and Land Reforms Act specifies the modes for the recovery of an arrear of land revenue.
Rule 281 of the Rules framed under the Act, authorises the Collector to sell the attached immovable property of a defaulter by auction, and provides for confirmation of the sale by an orde... |
ing been subsequently filled in by introducing section 132A of the Act with effect from October, 1975, it will be open to the income tax authorities to approach the appropriate authorities to realise any amount of money or to recover any books of account or documents in accordance with the law.
[307D E] & CIVIL APPELLA... | On 23rd August, 1970, when the respondent was travelling by car, alleged to be belonging to his brother, from Ambala to Batala, the Customs officer intercepted him near the Beas river and forcibly taken along with the driver, Gurunam Singh to the Customs House at Amritsar.
The respondent along with the driver was searc... |
Civil Appeal No. 1665 of 1974 From the Judgment and order dated 28.9.1973 of the Allahabad High Court in I.T. Reference No. 195 of 1971.
With Civil Appeal No. 145 of 1976.
Dalip Singh, K.C. Dua and Miss A. Subhashini for the Appellant.
Harish Salve, K.J. John, Ranjit Kumar and B.P. Singh for the Respondent.
The Judgmen... | In Civil Appeal No. 1665 of 1974, a dispute arose between the respondent assessee and the Revenue with regard to the computation of "standard deductions" under the provision of Companies Profits (Surtax) Act, 1964.
The respondent assessee claimed that the three amounts in respect of three accounts, namely, (a) investme... |
Civil Appeal No. 91 of 1971 From the Judgement and order dated 21.8.1978 of the Punjab & Haryana High Court in R.S.A. No. 378 of 1963.
Civil Appeal No. 639 of 1985 From the Judgment and Order dated 3.12.1984 of the Punjab & Haryana High Court in R.S.A. No. 1721 of 1976.
S.K. Bagga for the Appellants.
H.K. Puri for the ... | The respondents in Civil Appeal No. 639 of 1985 claimed possession of the property sold by one Nathu on November 22, 1972 by way of pre emption on the ground that they had superior rights being father 's brother 's sons of Nathu covered under Section 15(1)(a) THIRDLY of the Punjab Pre emption Act, 1913.
The claim was d... |
Civil Appeal No. 2637 of 1977 From the Judgment and order dated 9.11.1976 of the Madhya Pradesh High Court in Second Appeal No. 223 of 1976.
Rameshwar Nath for the Appellants.
Y.K. Jain for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This is an appeal by special leave arising fro... | The landlord appellant running a girls ' school.
filed an eviction suit against the tenant, the predecessor in interest of the respondent, on the ground that it needed additional accommodation for the school.
The trial Judge as well as the Appellate Court ordered eviction under section 12(i)(f) of the Madhya Pradesh Ac... |
ition No. 106 of 1980 Under Article 32 of the Constitution of India.
with 509 Civil Appeal No. 2735 of 1986 Arising out of Special Leave Petition (Civil) No. 2775 of 1980.
P.S. Potti, K.R. Chaudhary, Miss Malini Poduval and Miss R. George for the Petitioners.
M.K. Ramamurthy, T.V.S.N. Chari and Miss. V. Grover for the ... | The petitioners in Writ Petition 106 of 1980 are working in Group IV Services in various departments of the Government of Andhra Pradesh.
Most of them were appointed after 1974, under the General Rule 10(a)(i)(l) on a purely temporary basis due to the existence of a ban on direct recruitment.
After the lifting of the b... |
ivil Appeal No. 859(NM) of 1988.
From the Judgment and Order dated 12.1.1987 in the High Court of Delhi at New Delhi in C.W. No. 355 of 1985.
A. Subba Rao, P. Parmeshwaran and Mrs. Sushma Suri for the Petitioners.
M. Chandrasekharan, N.M. Popli and V.J. Francis for the Respondent.
The Judgment of the Court was delivere... | The respondent company was engaged in the manufacture of wireless receiving sets, tape recorders, tape players.
These products were assessable under Tariff Items 33A and 37AA of the Central Excise Tariff.
In the classification list and price lists filed by the respondentassessee company these goods were shown as unbran... |
Appeal No. 177 of 1960.
554 Appeal from the Judgment and order dated March 27, 1958, of the Orissa, High Court in O. J.C. No. 191 of 1956.
Hemendra Chandra Sen and section Ghose, for the appellants.
N. section Bindra, V. N. Sethi and P. D. Xenon, for the respondents.
April 30.
The Judgment of the Court was delivered by... | The appellants held the Paikpara estate as proprietors.
They had purchased the properties in question comprising raiyati lands with certain buildings thereon from the raiyat.
Thus the proprietors became occupancy raiyat8 under the tenure holders or sub proprietors.
By virtue of a notification issued under section 3 of ... |
Civil Appeal No. 2327 of 1986.
From the Judgment and order dated 10.10.1984 of the Punjab and Haryana High Court in R.S.A. No. 2198 of 1984.
K. N. Rai for the Appellant.
R. S .
Sodhi for the Respondents.
The Judgment of the Court was delivered by E RAY, J.
After hearing the learned counsel for both the parties and on c... | The appellant, a temporary lady constable, was discharged from service by an order under Rule 12.21 Volume 7 of the Punjab Police Rules 1934 on the allegation that she was unlikely to prove an efficient police officer.
A representation made by her to the Deputy Inspector General of Police against that order was rejecte... |
Civil Misc.
Petitions Nos.
20021 22 of 1986.
in Civil Appeal No. 2924 of 1984.
From the Judgment and order dated 22.7.1983 of the Delhi High Court in W.P. No. 963 of 1982.
S.N. Kacker, P.M. Amin, Atul, B. Munim and Ashok Grover for the Applicant.
A.K. Ganguli, Miss Sushma Relan and Miss A. Subhashini for the Respondent... | This Court by its order dated 18th April 1985 in Union of India vs Rajnikant Bros. (Civil Appeal No. 1423 of 1984) directed that save and except items which were specifically banned under the prevalent Import Policy at the time of import, parties would be entitled to import all other items whether 'canalised ' or 'unca... |
Special Leave Petition No. 8862 of 1986 From the Judgment and order dated 26.3.1986 of the Karnataka High Court in C.R.P. 3084 of 1985.
Padmanabha Mahale, K.K. Gupta and Mrs. Leelawati Mahale for the Petitioner.
The order of the Court was delivered by SEN, J.
In this special leave petition the short point involved is w... | The auction of the property of judgment debtor No. 1, in execution of a money decree, was held on July 26, 1985.
The highest bid of Rs.22,000 offered by the auction purchaser was accepted.
The case for confirmation of sale was fixed on September 30, 1985.
In the mean while, judgment debtor No. l deposited the bid amoun... |
ition (Civil) Nos.
15466 67 of 1984 Etc.
(Under Article 32 of the Constitution of India.) M.K. Ramamurthi, P. Gaur and Jitendra Sharma for the Petitioners.
G.B. Pai, O.C. Mathur, Miss Deepa Sabra and Mrs. Meera Mathur for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
All these applicat... | The age of superannuation of the clerical staff employed under the Respondent No. 1 is 60 years while in the case of the management staff the terminal point is 58 years.
The officers of the management staff in their petitions under Article 32 alleged that the disparity in the age of retirement between two groups of emp... |
N: Criminal Appeal No. 271 of 1986 From the Judgment and Order dated 31.1.
1985 of the Gauhati High Court in Cr. A. No. 66 of 1983.
S.K. Nandy for the Appellant.
R.K. Garg, Sunil K. Jain and Vijay Hansaria for the Respondents.
The Judgment of the Court was delivered by 1041 B.C. Ray, J.
This appeal by special leave is ... | The prosecution alleged that the accused respondents set fire to deceased 's body and his shop after sprink ling kerosene oil, that on seeing the fire P. Ws. 4, 5 and 6 rushed to the place and put off the fire from the body of the deceased who had come out of the shop ablaze, and that C.W. 1, the Assistant Sub Inspecto... |
Civil Appeal No. 1763 (NT) of 1974 From the Judgment and Order dated 2.2.1973 of the Andhra Pradesh High Court in Case Reference No. 67 of 1971.
Y. Ratnakar, Mrs, A.K. Verma and D.N. Misra for the Appellant.
S.C. Manchanda, Ms. A. Subhashini and B.B. Ahuja for the Respondent.
The Judgment of the Court was delivered by ... | In the assessment year 1957 58, the Wealth Tax Officer had included a sum of Rs.4,90,775 representing the market value of certain immovable properties in respect of which, although the assessee had received full consideration money, he had not executed any registered sale deeds in favour of the vendees.
The question wa... |
Special Leave Petition (Civil) No. 2023 of 1983.
From the Judgment and Order dated 26.8.82 of the High Court of Punjab & Haryana in L.P.A. No. 1172/82.
Hardev Singh and R.S. Sodhi for the Petitioners.
The Order of the Court was delivered by PATHAK, J. This case has been pending in this Court for some years.
On November... | A State Roadways bus met with an accident resulting in the death of three persons.
On an application being filed on behalf of one of the persons, the Motor Accident Claims Tribunal awarded a compensation of Rs.93,600 to the widow and the minor children of the deceased, with interest at 6 per cent per annum.
The claiman... |
Special Leave Petition (Civil) No. 11015 of 1986.
From the Judgment and Order dated 2.5.86 of the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal No. 1504 of 1977.
R.K. Jain, D.S. Mehra and Ms. Abha Jain for the Petitioners.
Ram and Hari Chand are sons of one Kesaria.
The suit land be longed joint... | Respondent Nos.
5 to 7 were joint owners of the suit land.
They sold it to respondent nos.
1 to 4 on 25.10.71.
The petitioners, sous and nephews of the vendors, instituted a suit before the sub Judge, Palwal for possession of the suit land on payment of the sale consideration on the ground that they were entitled to th... |
ivil Appeal Nos.
3341 42/83 & S.L.P. No. 2693/84 .
From the Judgment & Order dated 25 1 83 of the High Court of Punjab & Haryana in Regular Second Appeal No. 254/83 Hardev Singh and R.S. Sodhi for the Appellants.
C.S. Vaidyanathan for the Appellants in C.A.No. 3342/83.
Respondent in person.
The Judgment of the Court wa... | Plaintiff respondent Ravinder Kumar Sharma joined serv ice as a Line Man under the respondent Electricity Board.
The terms and conditions of the service of the Line Man as well as of the Line Superintendent were governed by the P.W.D. (Electricity Branch) Provisional Class III (Subordi nate posts) Rules 1952.
The Line ... |
vil Appeals Nos.
2 4 of 1975.
From the Judgment and Order dated 8th 9th November 1973 of the Gujarat High Court in Estate Duty Reference Nos. 2, 3 and 4 of 1971.
Dr. V. Gauri Shankar and Miss A. Subhashini for the Appel lant.
V.S. Desai, Mrs. A.K. Verma and Joel Peres for the Respondents.
The Judgment of the Court was ... | The respondents who were the accountable persons filed returns under the , and an assessment was made by the Deputy Controller of Estate Duty Appellant on 26th February.
The Estate Duty (Amendment) Act, 1958 repealed the original sections 56 to 65.
Section 59 which substituted for the original section 62 made provision... |
vil Appeal No. 1862 (NT) of 1971.
From the Judgment & Order dated 13.7.1970 of the High Court of Allahabad at Lucknow Bench in Writ Petition No. 849/70.
Ms. Lira Goswami and D.N. Mishra for the Appellants.
A.D. Singh, Mrs. Ashok K. Gupta, Raj Singh Rana, Mrs. section Dikshit and B .P.
Maheshwari for the Respondents.
Th... | Section 29 A of the U.P. Sales Tax Act, 1948 inserted by section I7 of the U.P. Taxation Laws (Amendment) Act, 1969 pro vided for refund of the amount, realised by a dealer as tax on sale of goods and deposited under sub s.(4) or sub s.(5) of s.8 A of the Act, to the person from whom such dealer had actually realised t... |
Civil Appeal No. 157 of 1985 From the Judgment and Order dated 20.1.1984 of the Allahabad High Court in W.P. No. 1404 of 1983.
V.M. Tarkunde and Shakeel Ahmed Syed for the Appellant.
S.C. Maheshwari, R.D. Upadhyay and Manoj Saxena for the Respondents.
The Judgment of the Court was delivered by SINGH, J.
This appeal by ... | One Mauji Ram Gupta was the owner of a house consisting of ground floor and first floor.
When the vacancy in the first floor arose, the landlord applied for release of the premises section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
Respondent No. 4, the Additional District Magi... |
ivil Appeal No. 3947 of 1986 From the Judgment and Order dated 30.8.1982 of the Allahabad High Court in Civil Misc.
Writ Petition No. 5105 of 1982.
Pramod Swarup, R. Singh Rana and Ashok K. Srivastava for the Appellant.
G.N. Dixit, M.K. Dua, Aman Vachher and S.K. Mehta for the Respondents.
The Judgment of the Court was... | Section 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 provided that on and from the com mencement of the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, which came into force on 8.6.1973, no tenure holder would he entitled to hold in the aggregate throughout Uttar Pradesh, a... |
ivil Appeal No. 2847 of 1986 290 From the Judgment and Order dated 1.8.1986 of the Delhi High Court in F.A.O. No. 146 of 1986.
Soli J. Sorabjee, E.C. Agarwala and Lalit for the Appel lants.
T.S.K. Iyer, B.P. Maheshwari, V.N. Ganpule, S.K. Agniho tri and J. Singh for the Respondent.
The Judgment of the Court was deliver... | In a suit in which the appellant was defendant, after the plaintiff 's evidence was over, the defendant was to begin his evidence on 24th January, 1985.
As no witness was present, at the request of defendant 's counsel the case was adjourned to 7th May, 1985.
On that day, the case was trans ferred to another Court and ... |
Criminal Appeal No. 12 of 1978 From the Judgment and Order dated 19.4.1976 of the Andhra Pradesh High Court in Referred Trial No. 2 of 1976.
K. Ram Kumar for the Appellant.
G. Narasimhulu and S.K. Mehta for the Respondents.
The Judgment of the Court was delivered by B.C. RAY, J.
This appeal by special leave is against ... | The ten accused persons forming themselves into an unlawful assembly in the house of A 1 and arming themselves with spears, sticks and crow bars attacked the deceased while he was returning from the canal carrying water in 'Kavadi '.
As a result of the injuries sustained by the deceased he died.
All the ten accused wer... |
Appeal No. 222 (N) of 1973.
From the Judgment and Order dated 13.3.1972 of the Delhi High Court in Civil Writ No. 731 of 1971.
M.K. Dua, Aman Vachher and S.K. Mehta for the Appellants.
B. Datta, Additional Solicitor General, G.D. Gupta and Mr. C.V. Subba Rao for the Respondents.
The Judgment of the Court was delivered ... | The non gazetted members of the Delhi police Force wanted to form an association of their own and for that purpose constituted the Karmachari Union in 1966 and applied for its registration under the Trade Union Act, 1926 and this was refused.
After the coming into effect from 2.12.1966 of the Police Force (Restriction ... |
Appeal No. 5032 of 1985 From the Judgment and Order dated 20.8.1985 of the Kerala High Court in C.R.P. Nos.
1643 and 2552 of 1980.
P.S. Poti and E.M.S. Anam for the Appellant.
G. Vishwanath lyer, P.K. Pillai and K. Dileep Kumar for the Respondent.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This ... | The Kerala Buildings (Lease and Rent Control) Act, 1965, by section 13(3) provides that a landlord 's petition for eviction of his tenant from a premises on the ground of bona fide personal need, has to be disposed of by the Rent Control Court.
Section 18(1)(b) makes provision of an appeal to the Appellate Authority ag... |
al Writ Petition No. 15 of 1962 Petition under article 32 of the Constitution of India for the enforcement of Fundamental Rights.
B. Sen and K. L. Hathi for the petitioner.
C. K. Daphtary, Solicitor General of India, B. B. L. Iyengar and B. H. Dhebar, for the respondents.
S.Choudhury, section C. Banerjee and P. K. Chat... | Section 12 of the , provides that the Central Government may constitute a Mining Board for any part of the territories to which the Act extended or for any group or class of mine .
In 1957 only one mining board i.e. the Bihar Mining Board was in existence and other mining boards were not constituted.
Section 57 empower... |
Civil Appeal No. 918 of 1973 From the Judgment and Order dated 10.12.1986 of the Punjab and Haryana High Court in Civil Revision No. 895 of 1972.
S.K. Mehta, M.K. Dua and Aman Vachher for the Appellant.
S.N. Kacker and B.P. Maheshwari for the Re spondent; The Judgment.
of the Court was delivered by B.C. RAY, J.
This ap... | The appellant is a tenant in respect of a room forming part of the property Unit No. B IX 148 (New), Chaura Bazar, Ludhiana, which has been rented on a monthly rental of Rs. 23 by the landlady Smt.
Guran Devi on the basis of rent deed dated 7th July, 1967 for a period of three months.
After the expiry of the term of th... |
ON: Criminal Appeal No. 127 of 1957.
Appeal by special leave from the judgment and order dated the 12th February, 1957, of the Madras High Court in Crimi nal Appeal No. 728 of 1956 and Referred Trial No. 144 of 1956, arising out of the judgment and order dated the 23rd October, 1956, of the Court of the Addl.
Sessions ... | The appellant was charged with murder.
The eye witnesses against him were not relied upon.
He made a confession before a magistrate.
One of the questions put by the magis trate to the appellant before recording the confession was: " For what purpose are you going to make a statement?" To this he replied, " Others will ... |
vil Appeal No. 1491 (NN) of 1988.
From the Judgment and Order dated 30.5.
1986 of the Delhi High Court in W. No. 578 of 1981.
A. Subba Rao, P. Parmeshwaran and Mrs. Sushma Suri for the Appellants.
H.N. Salve, P.K. Ram and D.N. Misra for the Respondent.
872 The Judgment of the Court was delivered by SABYASACHI MUKHARJI,... | The respondent company, manufacturer of filters, was selling the goods to its customers under brand names.
It declared its assessable value on the basis of the price at which it sold the goods.
Show Cause Notices, requiring assessable value to he determined at the price the buyers of the respondent company sold the goo... |
Appeal Nos.
4452 53 of 1986 463 From the Judgment and Order dated 16.6.1986 of the Bombay High Court in Appeal No. 216 of 1986.
D.R. Dhanuka, V.M Tarkunde, and Dr. L.M. Singhvi, Pramod Swarup, Milind Sathe, P.N. Gupta, P.C. Srivastava, U.S. Prasad, A.M. Singhvi, C. Mughopadhaya, Raian Karanjawala, Mrs. Manik Karanjawal... | Dr. Mahesh Madhay Gosavi appellant in CA 4453/86 and respondent in CA 4452/86 was a failed candidate at the M.D. examination in the speciality of Gynaecology and Obstetrics held in the year 1985.
He filed a writ petition under Arti cle 226 of the Constitution of India in the High Court of Bombay challenging the results... |
s Nos.
630 32 of 1984 Under Article a2 of the Constitution of India.
M.K. Ramamurthy, Shanti Bhushan, U.R. Lalit, M.R. Shar ma, S.K. Mehta, B.R. Agarwala, N.D. Garg, E.M.S. Anam, P.D. Sharma, C.V. Subba Rao, I.S. Goel, Dr. K.S. Tiwari, P.H. Parekh, Sohail Dutt, Uma Datta and V.P. Goel for the appear ing parties.
The Ju... | The proviso to sub s.(6) of s.82 of the Punjab Reorgani sation Act, 1966 mandates that the conditions of service applicable to any person referred to in sub s.(1) or sub s.(2) shall not be varied to his disadvantage except with the previous approval of the Central Government.
Rule 6(b) of the Punjab Service of Engineer... |
ON: Civil Appeal No. 149 of 1981.
From the Judgment and Order dated 6.11.
1980 of the Punjab and Haryana High Court in C.P.A. No. 811 of 1980.
M.K. Ramamurthy, U.R. Lalit, Shanti Bhushan, M.R. Sharma, P.P. Rao, S.K. Mehta, B.R. Agarwala, N.D. Garg, E.M.S. Anam, P.P. Sharma, K.S. Tiwari, C.V. Subba Rao, I.S. Goel, P.H. ... | Haryana Service of Engineers, Class II, Public Works Department (Irrigation Branch) Rules relating to recruitment etc.
of Asst.
Engineers and Haryana Service of Engineers Class I, Public Works Department (Irrigation Branch) relat ing to Executive Engineers came into force in 1970 and 1964 respectively.
Respondent No. 2... |
Civil Appeal No. 1649 (NT) of 1974 From the Judgment and Order dated 25.1.1974 of the Orissa High Court in S.J.C. No. 111 of 1972.
Govind Das and J.R. Das for the Appellant.
S.C. Manchanda, Miss A. Subhashini and K.C. Dua for the Respondent.
The Judgment of the Court was delivered by PATHAK J.
This appeal by special le... | The assessee company while carrying on business as a Contractor entered into a contract with the Railway Administration, inter alia, for the execution of earth work required for the construction of a new railway yard.
For this purpose, the assessee purchased two pieces of land at a total cost of Rs.68,241.
Soon after t... |
ivil Appeal No. 1295 of 1973 From the Judgment and Order dated 14.12.
1972 of the Allahabad High Court in Civil Revn.
Petition No. 1572 of 1969.
P.H. Parekh and Suhail Dutt for the Appellant.
Prithvi Raj, Mrs. Shobha Dikshit and Sudhir Kulshreshta for the Respondent.
The Judgment of the Court was delivered by THAKKAR, ... | On the question whether from the point of time an order for rateable distribution is passed by the executing Court the monies in question cease to be the property of the judgment debtor and become the property of the decree hold er, regardless of whether or not actual payment pursuant to the said order is made: Allowin... |
Criminal Appeal No. 25 of 1987.
From the Judgment and Order dated 22.7.86 of the Punjab & Haryana High Court in Crl.
Revision No. 615 of 1986 Prem Malhotra for the Appellant.
M.S. Gujral, C.V. Subba Rao and Ms. Kailash Mehta for the Respondent.
The Judgment of the Court was delivered by THAKKAR, J.
Can a sanction to PR... | The Trial Court, without any previous sanction of the State Government under s.197 Cr.
P.C. took cognizance in respect of a charge, that the appellant had, in the purport ed discharge of his duties, used force in excess of what was necessary and thereby committed an offence.
The High Court, in appeal by the appellant, ... |
Appeal No. 168 of 1952.
Appeal from a Judgment and Decree dated 23rd July, 1951, of the Court of the Judicial Commissioner, Vindhya Pradesh, in Civil First Appeal No. 26 of 1951 arising out of the Judgment and Decree dated 14th March, 1951, of the Court of the District Judge, Umaria, in Case No. 32 of 1951.
N. section ... | Where the defendants who had dealings with the plaintiffs for several years signed the following entry in the plaintiffs ' account book underneath the earlier entries: "After adjusting the accounts Rs. 34,000 found correct payable Held, that this amounted to an unqualified acknowledgment of liability to pay and implied... |
Criminal Appeal No. 222 Of 1986 From the Judgment and Order dated 11.3.
1986 of the Sessions Judge, Karnal in Misc.
Sessions Case (D) No. 1072 of 1985 Harbans Lal and G.K. Bansal for the Appellant.
V.C. Mahajan and C.V. Subba Rao for the Respondent.
The Judgment of the Court was delivered by NATARAJAN, J.
While allowin... | A crowd of about 1500 persons had gathered near the railway line in the village Siwah, District Karnal on the morning of 2.9.85 in response to a call given by the Bhar tiya Kisan Union for a Rail Roko Abhiyan.
To safeguard the railway line and to maintain law and order the authorities posted a large contingent of polic... |
tion (Original) No. 567 of 1986.
(Under Article 32 of the Constitution of India).
Dr. Raxna Swamy and P.H. Parekh for the Petitioner.
B. Datta, Additional Solicitor General, V.J. Rao, Y.P. Rao, Ms. K. Kumaramanglam and Ms. section Relhan for the Respond ents.
The facts: The petitioner is one Hem Lall Bhandari residing ... | The Order of detention of the petitioner under s.3 of the was made on 25.9.
1986 and the grounds of detention were prepared on the same date.
The petitioner was detained and served with the detention order on 29.9.1986 at 10.15 P.M.
In a habeas corpus petition filed on behalf of the petitioner on 30.9.
1986 the High Co... |
ivil Appeal No. 4426 of 1986.
From the Judgment and Order dated 11.9.
1984 of the Delhi High Court in L.P.A. No. 219 of 1981 V.K. Kanth, G.D. Gupta and C.V. Subba Rao for the Appel lants.
Ram Panjwani, Vijay Panjwani and D.N. Goburdhan for the Respondent.
The Judgment of the Court was delivered by SEN, J.
This appeal b... | The respondent while he was posted as a Squadron Leader at Delhi was on June 27, 1968 allotted by the Directorate of Estate a residential fiat in the Curzon Road Hostel on a monthly rent of Rs. 161, under sub r.(1) of SR 317 .B 11.
Although he was transferred from Delhi to Chandigarh on June 11, 1970, he did not give a... |
ON: Civil Appeal No. 3726 of 1984.
From the Judgment and Order dated 8.8.1981 of the Guja rat High Court in L.P.A. No. 145 of 1978.
B.K. Mehta and M.V. Goswami for the Appellant.
G.A. Shah and M.N. Shroff for the Respondent.
The Judgment of the Court was delivered by RATNAVEL PANDIAN, J.
This is an appeal by special le... | This appeal is directed against the order of the Gujarat High Court upholding the order dated the 15th November, 1977 passed by the State of Gujarat whereby the amounts of gratu ity and pension payable to the appellant on superannuation were reduced by 50 per cent.
The appellant was born on January 15, 1909 and after o... |
Appeal No. 625 of 1986.
From the Judgment and Order dated 20.11.1985 of the Allahabad High Court in Sales Tax Revision No. 3 18 of 1985.
Shanti Bhushan, Prashant Bhushan and Madan Lokur for the Appellant.
Gopal Subramanium.
R.S. Rana and Ashok K. Srivastava for the Respondents.
The Judgment of the Court was delivered b... | An assessment order was passed in respect of the turn over of the appellant firm for the year 1975 76 by the Sales Tax Officer on 7.2.1979.
Thereafter, the Sales Tax Officer issued a notice under s.21 of the Uttar Pradesh Sales Tax Act, 1948, proposing to make a reassessment on the ground that the mandi cess and arhat ... |
Appeal No. 1713(NT) of 1973.
From the.
Judgment and Order dated 6.1.1971 of the Allahabad High Court in Wealth Tax Reference No. 285 of 1965 124 S.C. Manchanda and Ms. A. Subhashini for the Appellant.
Respondent in person.
(Not present ) The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
The appeal unde... | The Income Tax Officer included in the net wealth of the respondent assessee for the assessement year 1957 58, two sums, viz., Rs. 1,50,000 and Rs.67,560/12/ which the asses see claimed to have gifted.
It is stated that on January 1, 1957 the respondent assessee, by a letter directed a company in which he maintained an... |
ivil Appeal No. 314 of 1987.
From the judgment and Order dated 16.5.
1986 of the Delhi High Court in Suit No. 234 A of 1977 154 S.K. Dholkia and P.C. Kapur for the Appellant.
Manoj Swarup, Ms. Lalitha Kohli and Pramod Dayal for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
Special ... | A family dispute between the parties pertaining tO movable and immovable property left intestate by their father was referred by them to arbitration.
The award made on February 12, 1977 stated: (i) that the appellant should pay to the 1st respondent a specified sum, on payment of which she will have no right to live in... |
iminal Appeal No. 50 of 1962.
Appeal by special leave from the judgment and order dated September 12, 1961, of the Allahabad High Court (Lucknow Bench) at Lucknow in Criminal Appeal No. 494 of 1961.
Nuruddin Ahmed, for the appellant.
G.C. Mathur and 0.
P. Lal, for the respondent.
May 3.
The Judgment of the Court was de... | The appellant was tried and convicted for the murder of one B.
The evidence against him was circumstantial and consisted of (1) a motive to kill B which he had in common with his father, (II) the recovery at his instance of an axe, shirt and dhoti stained with human blood and (III) his statements made to a Sub Inspecto... |
Criminal Appeal No. 823 Of 1981 Etc.
From the Judgment and Order dated 27.7.1981 of the Karnataka High Court in Crl.
A.NO. 215 of 1981.
M. Veerappa for the Appellant.
M.B. Lal (Amicus Curiae) K.R. Nagaraja for the Respondents.
The Judgment of the Court was delivered by, OZA, J.
These appeals have been preferred by the ... | The case of the respondent accused was committed to the Sessions Court, Metropolitan Area, Bangalore City and made over under section 194 Cr.
P.C. by the Principle Sessions Judge for trial to the II Additional Sessions Judge who framed charges on August 21, 1980 and recorded the plea of the accused persons.
In the mont... |
ivil Appeal No. 161 Of 1986.
From the Judgment and Order dated 17.9.85 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. ED(SB) (T) 463/84 D. Soli J. Sorabjee, Ravinder Narain, Harish Salve, section Ganesh and P.K. Ram for the Appellant.
B. Datta, Additional Solicitor General, Mrs. In... | A show cause notice dated 29.1.1976 issued by the re spondent to the appellant calling upon him to explain as to why excise duty treating his product as "fabric" and not as "yarn" may not be levied, was challenged in the High Court of Karnataka in Writ Petition No. 2632/ 1976.
Pending final disposal of the writ petitio... |
ivil Appeal No. 1758 of 1986.
From the Judgment and Order dated 22.11.
1985 of the Madras High Court in C.R.P. No. 3117 of 1984.
Dr. Y.S. Chitale, A.V. Rangam, T.V. Ratnam and M. Palani for the Appellant.
K.K. Venugopal, A.T.M. Sampath and section Srinivasan for the Respondent.
The Judgment of the Court was delivered b... | The appellant is one of the State Transport Undertak ings.
On June 30, 1976 an approved scheme was published under s.68 D of the in respect of the route Madurai to Kumuli authorising the appellant to run its stage carriages and proposing to exclude completely all other persons from operating their stage carriage servic... |
N: Criminal Appeal No. 516 of 1986 From the Judgment and Order dated 13.6.1986 of the Bombay High Court in Crl.
A.No.90 of 1983.
M.C. Bhandare and Miss C.K. Sucharita for the Appellants.
A.S. Bhasme and A.M. Khamwilka for the Respondent.
The Judgment of the Court was delivered by THAKKAR, J.
'Right ', or 'wrong ', 'gui... | The appeal of the State against the order of acquittal of the appellants of an offence under section 7(1) read with sections 16 and 17 of the , punishable with a sentence of imprisonment exceeding two years, was heard and decided by a Single Judge, though under Rule 1 read with Rule 2 H (e) of the Bombay High Court App... |
: Criminal Appeal Nos.
423 425 of 1986.
From the Judgment and Order dated 4.4.1986 of the Patna High Court in Death Reference No. 3 of 1984 and in Crl.
Appeal No. 676, 647 and 627 of 1984.
R.L. Kohli and S.P. Singh for the Appellants.
Jaya Narayan and D. Goburdhan for the Respondents.
The Judgment of the Court was deli... | The appellants were alleged to have conspired to kill the Collector cure District Magistrate.
The latter died in a bomb attack by the first accused appellant.
He was caught red handed and when given a beating by eye witnesses he readily confessed to his guilt, but gave out that he had committed the ghastly murder at th... |
Appeal No. 328 of 1960.
Appeal from the order dated March 4, 1958, of the Punjab High Court, Chandigarh, in Civil Reference No. 29 of 1952.
A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellant.
Hardyal Hardy and D. Gupta, for the respondent.
December 6.
The Judgment of the Court was deliv... | The assessee, an electricity supply undertaking, received certain sum of money for new service connections granted to its customers.
Part of this amount was spent for laying mains and service lines.
The Income tax Officer treated the entire amount as trading receipt.
In appeal the Appellate Assistant Commissioners excl... |
Appeals Nos.
34 to 36 of 1962.
Appeals from the judgment and order dated March 25, 1958, of the Madras High Court in Case Referred No. 12 of 1954.
K. N. Rajagopal Sastri and R. N. Sachthey, for the appellant.
R. Gopalakrishnan, for the respondent.
March 26.
The judgment of the Court was delivered by HIDAYATULLAH J.
The... | Messrs Kotbari and Sons is a firm of stock brokers.
The firm consisted of Shri C. M. Kothari and his two sons, Shri D. C. Kothari and Shri H. C. Kothari.
The firm entered into an agreement for the purchase of a house and the earnest money was paid by it.
Later on, the house was bought in the name of Mrs. C. M. Kothari,... |
Criminal Appeal No. 152/59.
, xi Appeal by Special leave from the judgment and Order dated May 12, 1959 of the Allahabad High Court in Criminal Revision No. 1182 of 1957.
Nur ud din Ahmed, J.,B. Dadachanji, O. C. Mathur, and Ravindar Narain for the Appellants.
852 G. C. Mathur and C.A. Lal for the Respondent.
May 3.
Th... | The appellants who carry on the business in vegetable ghee purchased vegetable ghee from outside U. P. in the name of four fictitious firms.
In their return of sales tax they did not include the sale proceeds of these transactions on the ground that they had purchased from the four firms and that under a notification m... |
Criminal Appeal No. 662 of 1986.
From the Judgment and Order dated 24.10.1986 of the Bombay High Court in W.P. No. 743 of 1986.
Dr. V. Gauri Shanker, Ms. Halida Khatun and Ms. A. Subhashini for the Appellants.
Ram Jethmalani and Herjinder Singh for the Respondent.
The Judgment of the Court was delivered by KHALID, J.
T... | Respondent and Ramlal Narang are brothers.
An order of detention passed on 19.12.1974 under section 3(1) of the COFEPOSA against Ramlal Narang was successfully challenged by W.P. 10/75 before the Delhi High Court.
An appeal was filed against that order before the Supreme Court by the Union of India.
Refusing a stay app... |
ivil Appeal No. 4110 of 1985.
From the Judgment and Order dated 22.5.1985 of the, Patna High Court in Appeal from Appellate Decree No. 51 of 1982.
S.S. Javali, B .P.
Singh and Ranjit Kumar for the Appel lants.
S.N. Kacker, M.S. Singh and K.K. Gupta for the Respondent.
The Judgment of the Court was delivered by, NATARAJ... | The first appellant, widow of one Dr. Ramachandra, a tenant since 1932 of one room used as a medical shop was recognised as tenant on the death of her husband in or about 1960 by Babu Lal, the original landlord.
The rent was fixed at Rs.416 per month.
Over the years the rent came to be increased from Rs.16 to 60 per mo... |
ivil Appeal Nos.
437448 Of 1978 Etc.
From the Judgment and Order dated 18.1.
1977 of the Andhra Pradesh High Court in Writ Petition No. 4485, 3399, 4979, 5819 of 1974.
Y.S. Chitale, Soli J. Sorabjee, P.P. Rao, A.S. Nambiar, A. Chitale, T.V.S.N. Chari, N. Mathur, W. Quadri, Ms. V. Grover, Ms. Sunita Mudigouda, T.D. Rama... | Section 17 of the Andhra Pradesh Excise Act 1968, as it stood at the relevant time, provided for the grant of lease for the manufacture or sale of an intoxicant.
It also pro vided that a lease shall not take effect until a licence under the Act was also issued.
Section 23 provided that the sum accepted in consideration... |
ivil Appeal No. 1262 of 1979 From the Judgment and order dated 3.4.1978 of the High Court of Judicature at Calcutta in Appeal from Appellate Decree No. 1700 of 1972.
S.T. Desai and M.L. Verma for the Appellants.
Govind Mukhoty and R.P. Gupta for the Respondents.
M .N. Krishmani and V. Shekar for the Intervenor.
The Jud... | The first respondent filed a suit against the appellant and the second respondent for ejectment on the ground of default in payment of the monthly rent.
The appellant denied the alleged default and flied an application under s.17(2) of the West Bengal Premises Tenancy Act, 560 1956 to seek the orders of the Court regar... |
Civil Appeal No. 383(N) of 1973.
From the Judgment and Order dated 7.3.1972 of the High Court of Kerala in S.A. No. 549 of 1971.
G. Viswanath Iyer and Narayan Nettar for the Appellants.
T.S. Krishnamurthy Iyer, Vijay Kumar Verma and Madhu Moolchandani for the Respondent.
The Judgment of the Court was delivered by KHALI... | The appellants ' father had obtained sale of the property in question during the minority of the respondent through his widowed mother, who was acting as his guardian.
The respondent, on attaining majority, filed a suit for declara tion that the said sale deed was invalid and not binding upon him and for recovery of po... |
Criminal Appeal No. 169 of 1987.
From the Judgment and Order dated 11.8.1986 of the Allahabad High Court in Criminal Appeals No. 583, 892 896 of 1985 and Capital Reference No. 2 of 1985.
724 Shakeel Ahmad for the Appellants.
The Judgment of the Court was delivered by SEN, J.
Appellants Asharfi Lal and Babu who are real... | The prosecution alleged that in order to wreak their vengeance on account of long drawn litigation in respect of certain agricultural property between P.W. 1 and the appel lants two real brothers and their three sons, the appel lants effected entry on the night of 13/14 8 1984 into the courtyard of the adjoining house ... |
: Criminal Appeal Nos.
287 288 of 1978.
From the Judgment and Order dated 14.10.1977 of the Allahabad High Court in Criminal Appeal Case No. 2242 of 1972.
966 Frank Anthony, Sushil Kumar and J.K. Das for the Appel lant in Crl.
A.No. 287 of 1978.
U.R. Lalit, S.K. Bisaria and A.D. Malhotra for the Appellant in Crl.
288 o... | The prosecution alleged that there was a dispute between the appellant in Appeal No. 287 of 1978 and the deceased in regard to payment of repair charges for a machine part and that three or four days later this appellant alongwith others attacked the deceased when he was accompanied by P.W. 1 and P.W. 2.
It was further... |
vil Appeal No. 1598 (NT) of 1974.
From the Judgment and Order dated 26.2.1971 of the Allahabad High Court in I.T. Reference No. 92 of 1966.
C.M. Lodha, N.M. Tandon and Miss A. Subhashini for the Appellant.
Dhananjoy Chandrachud (Amicus Curiae) for the Respondents.
The Judgment of the Court was delivered by SABYASACHI M... | The assessee, a partnership firm, enjoyed the status of a registered firm for the assessment years 1960 61, 1961 62 and 1962 63.
In the assessment proceedings for the year 1962 63 the assessee claimed that a loss of Rs.60,054 suf fered in the speculation business in the assessment year 1960 61 and the loss of Rs.6,839 ... |
Special Leave Petition (Civil) No. 2730 of 1987.
From the Judgment and Order dated 8.12.1986 of the Punjab and Haryana High Court in R.S.A No. 1773 of 1986 (0 & M).
K.G. Bhagat and Sunil K. Jain for the Appellants.
The Judgment of the Court was delivered by VENKATARAMIAH, J.
The short question which arises for consider... | Battan Singh had two wives, namely, Mahan Kaur and Khem Kaur.
Mahan Kaur died during his lifetime after giving birth to two sons, Lachman Singh (petitioner) and Gurdas Singh.
Gurdas Singh pre deceased Battan Singh leaving behind his widow Gurbax Kaur and his son Amarjit Singh.
Respondent No. 1, Kirpa Singh is the son o... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.