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vil Appeal No. 331 of 1961.
Appeal from the judgment and decree dated March 29, 1956, of the Andhra Pradesh High Court in Appeal Suit No. 182 of 1950.
B. Manavala Chowdhry and B. K. B. Naidu, for the appellants.
Narasiah Chowdhry and R. Gopalakrishnan, for Respondents Nos. 1, 2 and 8.
987 1963.
May 10.
The judgment of ... | The plaintiffs brought a suit for partition, two of them claimed to be the reversioners of Chandrappa and the third a purchaser of the interest of the reversioners, defendants 4, 5 and 7.
They were thus entitled to a 5/6th share of the properties while the 6th defendant was entitled as a reversioner of Chandrappa to th... |
Special Leave Petition (Civil) No. 1863 of 1986.
From the Judgment and Order dated 10.12.85 of the Madhya Pradesh High Court in Misc.
Civil case No. 297 of 1981.
Dr. N.M. Ghatate and S.V. Deshpande for the Petitioners.
Kuldip Singh, Additional Solicitor General, B.B. Ahuja and Miss A. Subhashini for the Respondents.
Th... | Petitioner is the assessee.
For the assessment year 1974 75 he submitted his return of income showing a total income of Rs.3,113 and stated that he derived this income from two stores which he had been running.
On May 12, 1973 in a search by the Customs authorities, 565 watches of foreign make of the value of Rs.87,455... |
Civil Appeal No. 3951 (NCE) of:1987.
From the Judgment and Order dated 19.11.1987 of the Kerala High Court in E.P. No. 3 of 1987.
K.K. Venugopal, E.M.S. Anam, E. Ahmad and V.K. Beeram for the Appellant.
Dr. Y.S. Chitale, M.K. Damodaran, V.J. Mathew, Aseem Mehrotra and K.M.K. Nair for the Respondents.
The Judgment of th... | In the 1987 election to Kerala Legislative Assembly the appellant contested against the first respondent.
The appellant and respondents belonged to two different fronts, each consisting of several political parties.
The appellant was declared elected, by a margin of 1873 votes over his nearest rival, the first responde... |
ivil Appeal No. 2072 of 1990.
From the Judgment and Order dated 13.5.
1986 of the Calcutta High Court in Suit No. 2479 of 1967.
M.K. Banerjee, Subrat Rai Choudhary, Gopal Subramanium, N.P. Aggarwala, Anil Aggarwala, P.C. Sharma, L.P. Aggarwala, Ms. Indira Banerjee, R.N. Jhunjhunwala, Praveen Kumar, C.S. Vaidyanathan, P... | The appellant had filed a suit in the High Court of Calcutta for a declaration that the properties set out in the schedule belonged to a joint family and that the trust created by the father of the plaintiff/appellant in respect of the said properties was void.
Pending the suit, a Receiv er was appointed by Justice A.N... |
ivil Appeal No. 1416 of 1975.
From the Judgment and Order dated 2.12.
1974 of the Madhya Pradesh High Court in M.P. No. 565 of 1974.
Sakesh Kumar and S.K. Agnihotri for the Appellants.
S.S. Khanduja, Y.P. Dhingra and B.K. Satija for the Respondents.
J. This is an instance of how a resourceful mind can find ingenious me... | The respondents organised two music programmes by formu lating an ostensible savings scheme under which the entry to the programme was open to persons on becoming members of the scheme by paying an admission fee of Rs.2, non refundable, and membership subscription of Rs. I0, refundable after 10 years.
The entry to the ... |
ivil Appeal No. 2581 of 1986.
Appeal by Certificate from the Judgment and Order dated 15.10.1985 of the Bombay High Court in Appeal No. 547 of 1984.
WITH Civil Appeal No. 855 of 1987.
220 From the Judgment and Order dated 8.12.1986 of the Industrial Court, Maharashtra, Bombay in Complaint (ULP) No. 1202 of 1984.
Ashok ... | In the former appeal, the appellant is a nationalised Bank.
In 1977, some demands for wage revision made by the employees of all Banks were pending and in support of their demands, a call for a country wide strike was given.
The appellant Bank issued a Circular on September 23, 1977 to its managers and agents directing... |
vil Appeal Nos.
3241 48 of 1981 Etc.
From the Judgment and Order dated 20.7.1983 of the Punjab & Haryana High Court in C.W.P. Nos.
469,748,750,751,752 and 753 of 1981 B.N. Shinghvi, V.A. Bobde, M.K. Ramamurthy, N.B. Shetty K.K. Venugopal, Dr. Anand Prakash, S.S. JavaIi, H.S. Gill, Brij Bhushan, M.G. Ramachandran, M.C. ... | This batch of eighteen appeals by special leave involves a common question of law, regarding the scope and ambit of the word 'retrenchment ' as defined in Section 2(oo) of the Industrial Dispute Act, 1947.
112 One of the appeals is by the workmen against the order of the High Court affirming the award of the Labour Cou... |
ivil Appeal No. 3704 of 1989.
From the Judgment and Order dated 11.3.1987 of the Bombay High Court in Second Appeal No. 725 of 1980.
437 U.R. Lalit, G.A. Shah, V.N. Ganpule for the Appellants.
D.A. Dave, R. Karanjawala, Ms. M. Karanjawala and Jatin der Sethi for the Respondents.
The Judgment of the Court was delivered ... | S and R were brothers who carried on the business of gold smithery, and a partition took place between them in 1918.
R got 2 houses and land in Survey No. 71.
Later on, one of the sons of R instituted a suit claiming that Survey No. 71 was an ancestral property and that some of the suit properties were purchased by R o... |
Criminal Appeal No. 96 of 1979.
From the Judgment and Order dated 9.11.1977 of the Patna High Court in Criminal Appeal No. 332 of 1971.
Khanna for the Appellants.
D. Goburdhan for the Respondent.
The Judgment of the Court was delivered by FATHIMA BEEVI, J.
This appeal by special leave is di rected against the judgment ... | The appellants were convicted for offences under sections 302,394 and 34 IPC.
They were alleged to have entered the house of the deceased at midnight and attacked him and his wife, PW 14, with sharp edged weapons.
He sustained fatal injuries and died instantaneously.
His wife was injured.
Their two sons ran to the hous... |
ivil Appeal No. 2335 of 1989.
From Order No. 766/88 C dated 24.10.1988 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. B/847/85 C. V. Sreedharan, N.M. Poppli and V.J. Francis for the Appel lant.
Ashok H. Desai, Solicitor General, Ms. Randharangaswami and P. Parmeswaran for the Respo... | To a question whether lamination of duty paid kraft paper with polyethylene resulting in 'polyethylene laminated paper ' would amount to 'manufacture ' and excisable under Excise Law, the Collector of Central Excise (Appeals) an swered in the negative, and held that the appellant was eligible to claim refund of duty pa... |
ivil Appeal No, 307 of 1987.
From the Judgment and Order dated 16.10.1985 of the Allahabad High Court in C.M.W. No. 3689 of 1984.
G.B. Pai, Ms. Urmila Kapoor and section Janani for the Appellant.
Prithivi Raj, Vishnu Mathut and Ms. section Dikshit for the Respondents.
The Judgment of the Court was delivered by AHMADI, ... | One Ram Singh was appointed by the appellant company on 10.3.1960.
On 1.11.1970, he addressed a letter of resigna tion to the Manager of the company saying that owing to his family circumstances, it was no longer possible for him to continue in service and that he was compelled to sever his connections with the company... |
Criminal Appeal No. 328 of 1979.
From the Judgment and Order dated 2.1.1979 of the Alla habad High Court in Government Appeal No. 663 of 1973.
Pramod Swarup for the Appellant.
Manoj Swarup, Prashant Choudhary and Dalveer Bhandari for the Respondent.
The Judgment of the Court was delivered by FATHIMA BEEVI, J.
Khanjan P... | The appellant was charged with the murder of a co worker at the factory in which they were working.
The Trial Court discarded the testimony of eye witnesses and other circum stances and acquitted the appellant, by giving him the benefit of doubt.
On appeal, the High Court accepted the testimony of the eyewitnesses and ... |
Appeal No. 312 of 1959.
Appeal from the judgment and order dated August 23, 1956, of the Bombay High Court in Income tax Reference No. 21 of 1956.
Hardyal Hardy and D. Gupta, for the appellant.
A.V. Viswanatha Sastri and I. N. Shroff, for the respondent.
December 6.
The Judgment of the Court was delivered by KAPUR, J.
... | The respondent was a registered firm carrying on business as commission agents, and for the purpose of income tax it was treated as the agent of a non resident principal doing business outside India.
Under section 42(1) of the Indian Income tax Act the respondent was deemed to be the assessee and had to pay Rs. 3,78,49... |
urt was not warranted in law, being contrary to the special provisions of the 1952 Act, was also not in conformity with the principles of natural justice and that unless the direction can be justified with reference to section 407 of the Cr.
P.C., the petitioner 's fundamental rights under Articles 14 and 21 of the Con... | The appellant was the Chief Minister of Maharashtra between June 9, 1980 and January 12, 1982, when he resigned that office in deference to the judgment of High Court in a writ petition filed against him, but continued as an MLA.
On August 9, 1982, respondent No. 1, a member of a political party filed a complaint befor... |
ivil Appeal No. 3006 of 1981.
From the Judgment and Order dated 28.7.1981 of the Himachal Pradesh High Court in C.W.P. No. 94 of 1981.
M.V. Goswami for the Appellant.
Nemo for the Respondents.
The Judgment of the Court was delivered by KULDIP SINGH, J.
"Nautor land" under Rule 3 of the Himachal Pradesh Nautor Land Rule... | Clause (a) of Rule 7 of the Himachal Pradesh Nautor Land Rules, 1968 makes every resident of the estate having less than ten bighas of land or having an income of less than Rs.2,000 per annum from all sources including lands, eligi ble for grant of land in nautor.
The grant of nautor land to the appellant teacher was s... |
Civil Appeal No. 1407 of 1983.
From the Judgment and Order dated 1.12.1983 of the Madras High Court in C.R.P. No. 2978 of 1981.
G. Ramaswamy and section Srinivasan for the Appellant.
A.T.M. Sampath for the Respondents.
The Judgment of the Court was delivered by VERMA, J.
Applications were invited by the Regional Transp... | The appellant and 14 others, including respondent No. 1 applied for grant of a stage carriage permit.
The R.T.A. rejected the applications of respondent No. 1 and some others on the only ground that each of them had been granted one other permit in the same sitting, and granted the permit to the appellant for a period ... |
vil Appeals Nos. 578485 of 1983.
From the Judgment and Order dated 2.3.1983 of the Andhra Pradesh High Court in W.A. Nos. 170 and 171 of 1982.
WITH Special Leave Petition (Civil) No. 1679 of 1989 and Transfer case No. 29 of 1989.
From the Judgment and Order dated 13.6.1988 of the Andhra Pradesh High Court in Writ Petit... | For the purposes of a housing project, some land was acquired by way of a notification under the Land Acquisition Act.
The Respondent Society claiming that it had entered into a contract with the owners for purchasing the very property, applied for exemption under the Urban Ceiling Act.
The exemption prayed for was ref... |
ivil Appeal No. 4380 of 1990.
From the Judgment and Order dated 4th October, 1985 of the Patna High Court in C.W.J.C. No. 4065 of 1985.
R.K. Garg and A. Sharan for the Appellant.
K.K. Venugopal, P. Chidambaram, section Sukumaran, K.K. Lahiri, D. Partha Sarthy and S.N. Jha (N.P.) for the Re spondents.
The following Orde... | The contract workers engaged by the management of the Tata Iron and Steel Company Ltd., Jamshedpur in the perma nent and regular nature of work before February 11, 1981 in (1) transportation of materials within the plant which was not dependent on outside supply, (2) processes connected with manufacturing process, (3) ... |
: Criminal Appeal Nos.
452 53 of 1990.
From the Judgment and Order dated 23.3.1989 of the Rajasthan High Court in S.B. Cr. R. No. 426 and 325 of 1982.
Badridas Sharma, Manoj Jain, H. Shekhar, Anil Kumar Gupta, Indra Makwana, Prem Sunder Jha, Lahoty and Ms. Meeta Sharma for the Appearing Parties.
The Judgment of the Cou... | One 'S ' lodged a First Information Report alleging that the appellants and two others were pelting stones at the house of informant, thereby causing damage to it and injur ing three women who were sitting at the chowk of the house.
After completing investigation the police framed charges under sections 147, 323, 325, ... |
Civil Appeal No. 5933 1983.
From the Judgment and Order dated 19.2.
1980 of the Allahabad High Court in Civil Misc.
Petition No. 5860 of 1978.
R.K. Jain, Ms. Abha R. Sharma and R.P. Singh, for the Appellant.
M .C. Dhingra for the Respondents.
This appeal by special leave involves the question as to the interpretation o... | In 1957, the appellant let out a plot of land to Re spondent No. 1 at an annual rent of Rs. 170.
Respondent No. 1 constructed a building on the plot of land in 1968, with the consent of the appellant.
After the insertion in 1976 of Section 29 A in the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act,... |
Appeal No. 513 of 1961.
Appeal by special leave from the judgment and order dated June 23, 1960, of the Kerala High Court in Second Appeal No. 103 1957.
551 S.T. Desai and V.A. Seyid Muhmmad, for the appellants.
Sardar Bahadur, for the respondents.
August 23, 1963.
The facts leading up to this question may now be state... | One Mammotty was married to Seinaba and he made a gift 550 of his properties including immovable property to Seinaba by a registered deed.
Mammotty died without an issue more than two years after the execution of the gift deed.
Later on, Seinaba also died without leaving an issue.
At the time of gift, Seinaba was fifte... |
ivil Appeal No 138 of 1955.
Appeal from the judgment and decree dated October 15, 1953, of the Mysore High Court at Bangalore in Regular Appeal No. 255 of 1950 51, arising out of the order dated September 18, 1950, of the Court of the District Judge, Bangalore, in Misc.
Case No. 39 of 1947 48.
G. Channappa, Assistant A... | Certain land belonging to the respondent was compulsorily acquired by the Government for a maternity hospital.
Most of the land consisted of building sites but there was a building on a small portion of the land and a portion was low lying land.
The Special Land Acquisition Officer held on the basis of the value of sit... |
terlocutory Application No. 1 of 1990.
IN Civil Appeal No. 4444 of 1991).
From the Judgment and Order dated 25.5.1991 of the Allahabad High Court in C.W.P. No. 5267 of 1990.
D.K. Garg and Pradip Misra for the Appellants.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
Leave is granted to the petitioners ... | On the basis of a fake order, in a non existent writ petition, said to have been passed by a Single Judge of the Allahabad High Court on 25.5.1990, some persons obtained an order dated 4.6.1990 from the Lucknow Bench of the High Court which directed cancellation of the scheduled competi tive admission examination to th... |
ivil Appeal No. 417 of 1984.
From the Judgment and Order dated 12.8.1981 of the Delhi High Court in C.W.P. No. 1835 of 1981.
A.K. Ganguli, A. Sharan for the Appellant.
Kapil Sibal, Additional Solicitor General, Raju Rama chandran, Rajiv Dhawan, C.V. Subba Rao and Mrs. Sushma Suri for the Respondents.
T. Prasad for the ... | The Appellant was officiating as a Major though he held a substantive rank of Captain as a permanent Commissioned Officer of the army when on December 27, 1974 he took over as the Officer Commanding 38 Coy.
A.S.C. (Sup) Type 'A ' attached to the Military Hospital, Jhansi.
In August, 1975 the Appellant went to attend a ... |
N: Criminal Appeal No. 280 of 1988.
From the Judgment and Order dated 26.9.1986 of the High Court of Delhi in Crl.
W.P. No.361 of 1986.
R.L. Panjwani and R.D. Upadhyay for the Appellant.
section Madhu Sudan Rao, N.L. Kakkar and Miss A. Subhashini for the Respondents.
The following Order of the Court was delivered: O R ... | The appellant was the widow of a tonga driver who died in police custody.
It is alleged that on the fateful night of 22/23.8.1986 two sub inspectors accompanied by two constables visited the house of one Sudesh Kumar, and started beating him.
On hearing his shrieks his maternal uncle Gopi Ram, the tonga driver tried to... |
ivil Appeal No. 1935 of 1981.
From the Judgment and Order dated 8.4.
1980 of the Calcutta High Court in Matter No. 143 of 1980.
Sukumar Bhattacharya and G.S. Chaterjee for the Appellant.
J. Ramamurthy.
g. Rajappa and Ms. A. Subhashini for the Respondents.
The Judgment of the Court was delivered by K.N. SINGH, J.
The ap... | In respect of the assessment for the assessment year 1974 75, the appellant assessee preferred an appeal before the Appellate Assistant Commissioner.
During the hearing of the appeal, the assessee raised an additional ground as regards its liability to Purchase Tax and claimed a deduc tion of Rs.11,54,995.
After giving... |
Appeal No. 91 of 1976.
From the Judgment and Order dated 15.4.
1975 of the Punjab and Haryana High Court in I.T. Reference No. 14 of 1972.
Bishamber Lal and Ms. Geetanjali Madan for the Appellant.
Gauri Shanker, Manoj Arora, section Rajappa and Ms. A. Subhashini for the Respondent.
The Judgment of the Court was deliver... | Under the scheme of amalgamation and order of the High Court under Sections 391 and 394 of the on 28.9.1962 one Indian Sugar Company was amalgamated with the appellant assessee company.
The transferor company had been allowed expenditure to the extent of Rs.58,734.
The appellant transferee company claimed exemption on ... |
ivil Appeals Nos.
1334 and 1335 of 1982.
From the Judgment and Order dated 9.11.1979 and 8.5. 1979 of Delhi High Court in L.P.A. No. 192 of 1979 and R.F.A. No. 245 of 1969.
Sasidharan and P.K. Pillai for the Appellants.
Tapas Ray, A.K. Srivastava and Ms. A. Subhashini for the Respondents.
The following Order of the Cou... | Notification under section 4 of the Land Acquisition Act, 1894 was issued in respect of the appellant 's lands in 1959 and the lands were acquired.
The Land Acquisition Collector awarded compensation at the rate of Rs.2,000 per bigha, as also solatium and interest.
The appellants approached the District Court which enh... |
ivil Appeal No. 2228 of 1982.
From the Judgment and Order dated the 25.7.1980 of the Madras High Court in C.R.P. No. 1150 of 1979.
Anant Palli and E.C. Agarwala for the Appellant.
396 V. Balachandran and K. Vijay Kumar for the Respondent.
The Judgment of the Court was delivered by K. RAMASWAMY, J.
The appellant/tenant ... | The appellant tenant was in occupation of a double storeyed building on a monthly rent of Rs. 170.
The respond ent landlady filed an application under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 for fixation of fair rent.
The Rent Controller took note of the fact that 1/3rd portion of the b... |
Civil Appeal No. 105 of 1990.
From the Judgment and Order dated 10.3.
1988 of the Rajasthan High Court in S.B. Civil Second Appeal No. 327 of 1976.
C.M. Lodha, H.M. Singh and R.S. Yadav for the Appellant.
S.K. Ghose, M. Qamaruddin and Mrs. M. Qamaruddin for the Respondent.
The Judgment of the Court was delivered by R.M... | The appellant purchased certain properties by way of registered sale deeds.
She constructed therein a godown and a two storeyed building with the knowledge and assistance of the respondent, who did not say anything about the common passage and had never expressed his intention to pre empt the sales.
Soon after the cons... |
ON: Civil Appeal Nos.
543 to 570 of 1974.
From the Judgment and Order dated 22.1.1973 of the Kerala High Court in A.S. Nos. 487, 488, 489, 490, 491,492,493,495,497, 498, 499, 500, 501,502, 503,504, 505,506, 507, 509, 510, 511, 512, 5 13, 5 14, 5 15, 521 and 523 of 1969.
G.L. Sanghi and Ms. Lily Thomas for the Appellant... | The respondent State had acquired a large extent of land out of the appellant 's estate under the Kerala Land Acquisi tion Regulation, 1089 for river valley irrigation project and to establish an industrial project.
The notification under Section 4(1) of the Regulation was published on Octo ber 31, 1961.
This was follo... |
Appeal No. 472 of 1962.
Appeal from the judgment and decree dated December 23, 1960, of the Bombay High Court in First Appeal No. 464 of 1958.
R.K. Garg, S.C. Agarwala, D.P. Singh and M.K. Ramamurthi, for the appellants.
S.V. Gupte, Additional Solicitor General, V.D. Mahajan and R.N. Sachthey, for the respondent.
Octob... | The appellant was in the service of Union of India, his appointment being temporary liable to be terminated on one month 's notice on either side.
He was appointed in June 1949.
On August 1954 he was informed that his services would be terminated from September 1954.
No cause was assigned for the termination of his ser... |
Appeal No. 183 of 1984.
From the Judgment and Order dated 23.10.1982 of the Kerala High Court in A.S. No. 309 of 1977.
Dr. Y.S. Chitale, Aseem Mehrotra, Mukul Mudgal, R.K. Aggarwal, S.K. Aggarwal and Sudhir Gopi for the Appellant.
545 G. Viswanatha Iyer and P.K. Pillai for the Respondents.
The Judgment of the Court was... | What is the true meaning and scope of the expression 'holder in due course ' as defined in Section 9 of the Nego tiable Instruments Act, 1881, was the question that arose for consideration in this appeal.
Consequent upon the pleading of promissory note and other title deeds relating to her property by Defendant No. 5, ... |
ivil Appeal No. 2231 of 1988.
From the Judgment and Order dated 19.8.1987 of the Madras High Court in Appeal No. 86 of 1982.
R. Venkataramani for the Appellants.
section Balakrishnan and M.K.D. Namboodiri for the Respondents.
The Judgment of the Court was delivered by SHARMA, J.
This appeal by special leave is directed... | The property in the suit belonged to the great grand mother of the plaintiffs and defendant Nos. 5 to 14 who executed a registered will.
According to the terms of the will, her two sons, defendant No. 1 and plaintiffs ' witness No. 2 were to remain in possession of the properties without any power of alienation, to pay... |
ivil Appeal No. 2674 of 1977.
From the Judgment and Order dated 19.8.1977 of the Andhra Pradesh High Court in Writ Appeal No. 527 of 1976.
Dr. K. Parasaran, Mr. A.D.N. Rao and A. Subba Rao for the Appellants.
C. Sitaramiah, T.S. Krishnamurthy Iyer, G. Prabhakar, A.T.M. Sampath and P.N. Ramalingam for the Respondents.
T... | Rule 11 of the A.P. Cinema (Regulation) Rules, 1970 flamed under the A.P. Cinemas (Regulation) Act, 1955, as it stood at the relevant time, required a licensee either for grant or renewal of license to file evidence of his lawful possession of the site.
The appellant firm had been running a cinema since 1950 on a piece... |
Appeal No. 226 of 1960.
Appeal from the judgment and decree dated February 2, 1956, of the Allahabad High Court in Special Appeal No. 158 of 1954.
M.C. Setalvad, Attorney General for India, Veda Vyasa, R. K. Garg, section C. Agarwal, Shiv Sastri and K. K. Jain, for the appellant.
S.T. Desai, K. section Hajela and C. P.... | Certain disputes arose between the appellant and the Cane Marketing Society Ltd., Bijnor.
The appellant preferred a claim to the Cane Commissioner for compensation for short supply of Sugar cane.
The Society also moved the Cane Commissioner for arbitration.
The Commissioner passed an order calling upon the parties to b... |
Criminal Appeal No. 195 of 1984.
From the Judgment and Order dated 30.11.
1982 of the Punjab & Haryana High Court in Crl.
Appeal No. 425 D.B./1982.
O.P. Soni, Ms. Kamlesh Datta and S.K. Sabharwal for the Appellant.
664 U.R. Lalit and Uma Datta for the Respondents.
Mahabir Singh for the State of Haryana.
The Judgment of... | Respondent 1 is the son of Respondent No. 2.
Including Respondent No. 1 Respondent No. 2 had 4 sons.
Respondent No. 2 owned a sugarcane field adjoining the wheat field of one P. One of the sons of Respondent 2 had burnt sugarcane patties causing damage to the wheat crop of P, against which P protested before the respon... |
ivil Appeal No. 4460 Of 1988.
From the Order dated 15.4.
1988 of the Customs Excise and Gold (Control) Appellate Tribunal New Delhi in Appeal No. E/Appeal No. 2225 of 1986 A. 3 V. Sreedharan, V.J. Francis and N.M. Popli for the Appel lant.
Ashok H. Desai, Solicitor General, Dalip Tandon and P. Parmeshwaran for the Resp... | The appellant was manufacturing Hacksaw blades and Bandsaw falling under Tariff Item No. 51 A(iv) of the Cen tral Excise Tariff.
On 26.3.1985 they filed a classification list as per Rule 173 B of the Central Excise Rules, 1944 in respect of their products furnishing the tariff rate of 15% Ad valorem by mistake instead ... |
Criminal Appeal No. 168 of 1979.
From the Judgment and Order dated 29.9.1978 of the Madhya Pradesh High Court in Criminal Appeal No. 1094 of 1976.
U.R. Lalit, S.S. Khanduja, Y.P. Dhingra and B.K. Satija for the Appellants.
Uma Nath Singh for the Respondent.
The Judgment of the Court was delivered by FATHIMA BEEVI, J.
T... | The appellants were convicted for offence under Ss. 147, 149 and 302 IPC for murdering a villager.
The prosecution case was that motivated by group rivalry the accused persons numbering over fifteen attacked the deceased with tabbals and lathis while he accompanied by his mother, PW 1, and sister, PW 5, was on his way ... |
vil Appeal No. 277 1 of 1981.
From the Judgment and Order dated 5.2.1980 of the Andhra Pradesh High Court in S .A.
No. 526 of 1977.
Jagdish K. Agarwal (N.P.) for the Appellant.
A Subba Rao for the Respondents.
KANIA, J. This is an appeal by special leave from the decision of a learned Single Judge of the Andhra Pradesh... | The Respondent landlord filed a suit under the Andhra Pradesh Rent Control Act for recovery of possession and for mesne profits.
The apPellant defendant raised a preliminary objection that the City Civil Court had no jurisdiction to entertain the suit.
In the two eviction petitions filed earlier by the appellant, the R... |
Appeal No. 307 of 1963.
Appeal by special leave from the judgment and decree dated September 27, 1962, of the Madhya Pradesh High Court in Second Appeal No. 158 of 1962.
S.V. Gupte, Additional Solicitor General of India, O.C. Mathur, Revindra Narain and J.B. Dadachanji for the appellant.
M.C. Setalvad, Rameshwar Nath a... | The defendant was a tenant of the plaintiffs.
The defendant was in arrears of rent for one year to the extent of Rs. 1,020.
On April 11, 1959 the plaintiffs served a notice on the defendant requiring him to remit to them Rs. 1,020 within one month from the date of service of notice, failing which suit for ejectment wou... |
ivil Appeal Nos.
1894, 1895 & 1896 of 1990.
From the Judgment and Order dated 9.2.1989 of the Punjab & Haryana High Court in Civil W.P. Nos.
1778, 1776 & 1777 of 1989.
528 Balbir Singh Wasu, N.S. Das Bahl for the Appellant.
Har Dev Singh and Ms. Madhu Moolchandani for the Re spondents.
The Judgment of the Court was del... | The lands of the respondents were acquired for a scheme of the Appellant Improvement Trust.
The awards for compensa tion were made by the Collector on 6th January, 1979 and 30th April, 1982 and the reference was disposed of by the Land Acquisition Tribunal by its award dated 28th March, 1983 and 29th August, 1985 by gr... |
ivil Appeal Nos. 47(11 and 4702 of 1985.
From the Judgment and Order dated 12.12.
1983 of the Karnataka High Court in C.R.P. No. 3765 of 1981.
Dr. Y.S. Chitale Rameshwar Nath, Ravinder Nath and Sukumar Ghosh for the Appellants in C.A. Nos. 4701 and 4702 of 1985.
253 P. chidambram, S.S. Javali, H.R. Anantha Krishna Murt... | T.A. Jotindranath Mudaliar, the original lessor, let out his premises viz. two shops and a house adjoining the shops to M/s,Bhoolchand Chandiram, appellant on 4.10.1943 on the terms contained in the letter dated 4.10.1943 whereby the shops were let out on a monthly rent of Rs.430 for two years with the option of sub le... |
been clearly mentioned that they shall be deemed to have been made ap plicable from 1st April, 1974.
The Board had set up 280 their case in the reply to the writ petition on the basis of these Regulations and it was the duty of the Division Bench of the High Court to have looked into the reply filed by the Board and to... | A settlement was arrived at on 22.2.1972 between the Rajasthan State Electricity Board and the Union representing its employees.
In pursuance of this settlement, notification dated 22.3.1972 was issued revising the pay scales of var ious categories of posts, effective from 1st April, 1969.
As per the settlement, Meter ... |
ION: Civil Appeal No. 140 of 1977.
From the Judgment and Decree dated 31.1.
1973 of the Madras High Court in L.P.A. No. 6 of 1965.
A.T.M. Sampat and P.N. Ramalingam for the Appellants.
Ms. Lily Thomas for the Respondents.
The facts leading to the institution of the suit are as follows: On 3 239 March 1942, one Karuppan... | K. bequeathed his properties describing them in five Schedules, A, B, C, D and E.
In respect of the 'E ' schedule properties, he created an endowment stating that after his death it should be managed for construction of his own tomb or samadhi and for performing poojas and ceremonies thereat.
Two of the legatees under ... |
vil Appeal No. 262 (NC) of 1976.
From the Judgment and Order dated 24.4.1975 of the Rajasthan High Court in D.B. Civil I.T.R. No. 45 of 1969.
Mrs. Anjali Verma for JBD & Co. and D.N. Misra for the Appellant.
O.P. Vaish, section Rajappa, Vinay Vaish, S.K. Aggarwal and Ms. A. Subhashini for the Respondents.
The Judgment ... | The appellant assessee carried on the business of mining gypsum.
The predecessor in interest of the assessee acquired a lease from the Maharaja of one of the erstwhile princely State on September 29, 1948 for mining of gypsum for a period of 20 years over an area of 4.27 square miles in the State.
The lease was liable ... |
ition No. 5019 of 1982.
(Under Article 32 of the Constitution of India.) M.S. Ganesh for the Petitioner.
V.K. Kanth, N.S. Das Behal and Ms. Sushma Relan for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This petition under Article 32 of the Constitution, in a representative capacit... | By this writ petition, Personal Assistants and Stenographers (Grade I) in the pay scale of Rs. 550 900 attached with officers in the pay scale of Rs.2500 2750 (Level I) i.e. heads of the departments in the Customs and Central Excise Departments of the Finance Ministry, sought parity with the pay scale of the stenograph... |
ivil Appeal No. 4979 of 1990.
From the Judgment and Order dated 25.8.1989 of the Bombay High Court in W.P. No. 6058 of 1986.
468 V.M.
Tarkunde, D.R. Poddar and V.B. Joshi for the Appellant.
K.P. Parasaran (N.P.), Rama Subramaniam, A.K. Ganguli, R.P. Bhat, K. Swamy and A.S. Bhasme for the Respondents.
The Judgment of th... | The appellant company, a member of Cooperative Society, respondent No. 2, was having its office premises in a build ing owned by respondent No. 2.
It entered into an agreement to sell the said premises to respondent No. 1, a non member subject to the approval of the Cooperative Society.
The Cooperative Society declined... |
ivil Appeal No. 330 of 1976.
From the Judgment and Order dated 13.3.1972 of the Allahabad High Court in ITR No. 457 of 1968.
V. Gauri Shankar, section Rajappa and Ms. A. Subhashini for the petitioner.
Harish N. Salve, A.T. Patra, Ms. Bina Gupta, Ms. Monika Mohil, Rajiv Shakhdhar and Praveen Kumar for the Respondent.
Th... | In Commissioner of Income Tax, Madras vs Veeraswami Nainar & 9rs.
, , the Madras High Court took the view that the development rebate reserved should be made at the time of making up the Profits and Loss Account, and this was affirmed by this Court in Indian Overseas Bank 's Ltd. vs Commissioner of Income Tax, A distin... |
utory Application No. 1 of 1989.
IN W.P. No. 16093 of 1984 etc.
(Under Article 32 of the Constitution of India).
S.M. Jain, S.K. Jain, Ms. Pratibha Jain and Pradeep Agarwal for the petitioner.
Arun Jaitly, Additional Solicitor General, Kailash Vasdev and Ms. A. Subhashini for the Respondent.
The following order of the ... | Petitioner was a member of the state Judicial Service and was elevated as a Judge of the High Court on 1.7.1975, and was later transferred to another High Court where he retire on 21.7.1984.
A dispute relating to pension was disposed of by this Court on 9.4.1985 fixing it at Rs.21,500 per annum.
Meanwhile, the High Cou... |
ivil Appeal No. 672 of 1962.
Appeal by special leave from the judgment and order dated December 10, 1958, of the Patna High Court in Appeal from Appellate Decree No. 716 of 1954.
S.P. Varma, for the appellants.
Sarjoo Prasad and Mohan Behari Lai, for the respondents.
107 October 10, 1963.
The Judgment of P.B. Gajendrag... | One Chathilal Sah of Sahebganj, Bihar, was the owner of a house and two golas which stood on a rent paying land and he executed a will bequeathing the said property to his daughter and nephew in equal shares.
In 1940 the nephew sold one half of the property to respondent No. 1 who two years later acquired under a patta... |
ivil Appeal Nos.
2646 52 of 1986.
From the Judgement and order dated the 12.10.1981 of the Punjab and Haryana High Court in Regular First Appeal Nos. 758, 760, 787, 814, 769, 1011 and 789 of 1979.
Govind Mukhoty, R.P. Bhatt, D.K. Garg, Prem Malhotra, K.C. Sharma and R.C. Kaushik for the Appellants.
S.P. Goel and Mahabi... | The appellants were the claimants land owners, whose lands were acquired for establishing a residential cum commercial complex.
The Land Acquisition Collector belting the land in three parts awarded compensation for block `A ' at the rate of Rs. 4.13 per sq.yd.; for block `B ' at the rate of Rs. 2.43 per sq.yd.
and for... |
ivil Appeal (C) No. 137 of 1991.
From the Judgment and Order dated 20.2.1989 of the Allahabad High Court in W.P. No. 3096 of 1980.
Yogeshwar Prasad and Ms. Shoba Dixit for the Appellants.
R.B. Datar, R.K. Khanna and Surya Kant for the Respondent.
The Judgment of the Court was delivered by SINGH, J.
Leave granted.
This ... | The respondent was appointed on 18.2.1977 as an Assistant Auditor under the Local Funds Audit Examiner of State of U.P. on ad hoc temporary basis for the term fixed in the order of his appointment and his services were liable to be terminated at any time without assigning any reason.
After his initial appointment, his ... |
Civil Appeal No. 1046 of 1982.
From the Order dated 20.9.1980 of the Madhya Pradesh High Court in M.P. No. 84 of 1978.
Dr. N.M. Ghatate, S.V. Deshpande and S.K. Agnihotri for the Appellants.
Aman Vachher, S.K. mehta, Mrs. Anjali Verma, D.N. Mishra (for JBD & Co.) and Ashok Srivastava for the Respondents.
The Judgment o... | The Company Respondent No. 3 entered into a contract of lease with the State Government for a period of one year and later it was extended for a further period of ten years.
When proceedings were initiated on 16.7.1952 to eject the Company, the Company filed suit for declaration of title and perpetual injunction.
The t... |
Civil Appeal No. 653 of 1991.
284 From the Judgment and Order dated 11.
12.1989 of the Central Administrative Tribunal, Chandigarh in O.A. No. 694 of 1988.
Avadh Behari, A.K. Sharma and Inderjit Singh Mehra for the Appellants.
Dr. Anand Prakash, B. Krishna Prasad and S.M. Ashri for the Respondent.
The Judgment of the C... | On the death of a Railway employee, dispute arose among his wife, sons, daughters and brother for the family pension, gratuity and other emoluments.
The brother of the deceased employee filed a civil suit in the court of Sub judge for a permanent injunction restraining the appellants. the wife, sons and daughter from c... |
ON: Criminal Appeal No. 50 of 1979.
From the Judgment and Order dated 23.12.1977 of the Delhi High Court in Criminal Appeal No. 162 of 1975.
R.K. Garg, R.K. Jain, Ranjan Mahapatra and P.K. Jain for the Appellant.
V.C. Mahajan, Ashok Bhan (NP) and Ms. A. Subhashini (NP) for the Respondent.
The Judgment of the Court was ... | The appellant, had illicit connection with Agya Devi (P.W. 3), wife of the deceased and in that connection he used to visit her house quit frequently to which the deceased and his two brothers & mother living separately in the adjacent house used to object.
It may be pointed that the Agya Devi was related to the appell... |
ivil Appeal Nos.
160 63 of 1990.
From the Order dated 25.9.89 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. E/1883/85 C, E/2031/85 C, E/ 1468/88 C and E/ 1986/88 C (Order No. 543 546 of 1989 C).
M.L. Lahoty, Mrs. Meeta Sharma and P.S. Jha (NP) for the Appellant.
M. Chander Sekaran... | The appellant was a manufacturer of egg trays and other similar items.
Before the introduction of (new Tariff) effective from 1.3.1986, Central Excise and Salt Act, 1944 (old Tariff) was applicable to the relevant products.
The appellant, classifying its product under Item 68 of the old Tariff, was paying duty accordin... |
ivil Appeal Nos.
1335 36 of 1976.
853 From the Judgment and Order dated 9.12.75 of the Punjab & Haryana High Court in L.P.A. Nos. 231 and 267 of 1974.
Markandey Singh, Appellant in person, in CA.
No. 1335 of 1976 and Respondent in person in CA.
No. 1336 of 1976.
Girish Chandra, C.V. Subba Rao and K.S. Guruswamy for the... | Shri Markandey Singh, the appellant in the first appeal had joined the U.P. State Service as Deputy Superintendent of Police by passing a competitive examination.
In November, 1953, he joined on deputation the Union Territory of Delhi which at that time had no police service of its own.
While on deputation and again in... |
Civil Appeal No.2877 of 1977.
From the Judgment and Decree dated 19.8.1977 of the Punjab and Haryana High Court in R.S.A. No. 334 of 1975.
R. Bana for the Appellants.
Harbans Lal and G.K. Bansal for the Respondents.
The following Order of the Court was delivered: Kehar Singh had two wives, Basant Kaur and Sahib Devi.
S... | The grandfather of the appellants and respondents had two wives.
The first wife and her only son died during his life time.
The pre deceased son left behind four sons and a daughter.
In 1947, the grand father made three oral gifts of certain properties in favour of his second wife, in lieu of maintenance.
Later, the gr... |
ivil Misc.
Petition No. 15001 of 1989.
AND I.A. No. 1 of 1989 in S.L.P. No. 12288 of 1984.
From the Judgment and Order dated 20.4.1984 of the Andhra Pradesh High Court Appeal No. 472 of 1976.
K. Mahadeva Reddy, Ms. Manjul Gupta, T.V.S.N. Chari and A. Subba Rao for the Petitioner.
K. Ram Kumar, S.A. Ahmed, Tanweer Abdul... | Respondent No. 1 adopted petitioner appellant, who married two wives and through the first wife he had a son, the respondent No. 2 and through the second, another son, the respondent No. 3.
During the pendency of the special leave petition the adoptive mother of appellant died.
Respondent 2 and 3 laid claim to the enti... |
Appeal No. 204/1956.
Appeal from the judgment and decree dated February 23, 1951, of the Madras High Court in O. section Appeal No. 13/1948.
R. Keshva Aiyangar and M. section K. Aiyangar, for the appellant.
A. V. Viswanatha Sastri and Naunit Lal, for .respondent No. 1.
B. K. B. Naidu, for respondent No. 6. 1961.
Januar... | M, a Hindu, died leaving his mother, widow, sisters and sisters ' son and daughters.
There were disputes between the mother and the widow which were settled at the instance of certain arbitrators.
Under this settlement a portion of one of the houses was given to a sister of M, another portion to R son of another sister... |
Appeal No. 587 of 1962.
Appeal by special leave from the judgment and order dated April 12, 1961, of the Bombay High Court in Civil Revision Application No. 441 of 1961.
232 S.V. Gupte, Additional Solicitor General of India and R.H. Dhebar, for the appellant.
S.G. Patwardhan and A.G. Ratnaparkhi, for respondent No. 1.
... | The plaintiff respondent No. 1 instituted a suit for recovery of the amount lent to the defendant with interest upto the date of the suit.
His claim was decreed in a sum of Rs. 13,033 6 6 with future interest from the date of suit till realisation at 4 % per annum on a sum of Rs.10,120.
Against this decree the defendan... |
Civil Appeal Nos. 12224 of 1975.
From the Judgment and Orders dated 9.4.1974 of the Punjab & Haryana High Court in L.P.A. Nos.
213,214 and 215 of 1973.
S.K. Mehta, Dhruv Mehta and Aman Vachher, for the Appellants.
K.C. Dua for the Respondents.
The Judgment of the Court was delivered by K. RAMASWAMY, J.
The appellants a... | Kala Singh predecessor of the respondents executed three mortgages hypothecating agricultural lands in favour of the appellants.
The mortgagor filed an application under Section 4 of the Redemption of Mortgages (Punjab) Act 2 of 1913 and sought redemption of the mortgages, by paying Rs.10 in respect of each of the mort... |
Civil Appeal No. 570 of 1976.
Appeal by Certificate from the Judgment and Order dated 9.2.1976 of the Madras High Court in Tax Case No. 104 of 1969.
T.A. Ramachandran, P.N. Ramaligam and A.T.M. Sampath for the Appellant.
628 V.Gauri Shanker, Manoj Arora, section Rajappa and Ms.
A.Subhashini for the Respondent.
The Judg... | The Appellant Assessee, a partnership firm was engaged mainly, in Malaya, in money lending business since 1949 and incidental to this business was also doing the business of sale and purchase of house properties, gardens and estates.
It was reconstituted under a deed dated 26.3.1960.
The firm was dissolved on 13.3.1961... |
Civil Appeal No. 848 of 1991 etc etc.
From the Judgment and Order dated 14.12.1990 of Madhya Pradesh High Court in M.A. No. 227 of 1990.
Kapil Sibal, H.N. Salve, J.B. Dadachanji, Mrs A.K. Verma and section K. Mehta for the Appellants.
K.K. Venugopal, P. Chidambaram, S.S. Ray and P.P. Tripathi for the Respondents.
The J... | The Indian Olympic Association was a society registered under the Societies Registration Act, with the principal object to sponsor, supervise, finance, regulate and control all aspects of sports activity in relation to the Asian, Commonwealth, Olympic and International competitions.
The Society had a set of rules and r... |
Appeal Nos.
491 544 of 1991.
From the Judgement and Order dated 12.12.1990 of the Bombay High Court in W.P. Nos.
2646, 2659, 2651, 2649, 2657, 2664, 2648, 2647, 2666, 2658, 2662, 2663, 2667, 2665, 2691, 2693, 2694, 4091, 4098, 4155, 2743, 2789, 2791, 2790, 2740, 4290, 2824, 2858, 2848, 3052, 2863, 2848, 2844, 2843, 283... | The appellant Board conducted secondary examinations in the month of March 1990.
During recounting of the marks obtained by the candidates it was found that moderators mark sheets relating to 283 examinees, which included the 53 respondents, had been tampered with.
The declaration of their results was withheld pending ... |
N: Criminal appeal No. 512 of 1979.
From the Judgement and Order Dated 18.7.1979 of the Allahabad High Court Crl.
A No. 564 of 1974.
U.R. Lalit, Sobhag Mal Jain, Sudhanshu Atreya, Ms. P. Jain and S.K. Jain for the Appellants.
Vijay Bahuguna, Prashant Chaudhary and D. Bhandari (NP) for the Respondent.
The Judgement of t... | Nineteen persons were tried by the Additional District and Session Judge, Khetri in S.T. No. 264 of 1973 for offences under section 302/149, 201/149, 379/149, 147 and 148 for the incident that took place on 25.4.1972 in village Padaria Tula (UP) on the day of filing of the nomination papers for election for the post of... |
ivil Appeal Nos.
1249/75 & 2075/79.
From the Judgment and Order dated ' 26.9.1974 and 16.10.1978 of Gujarat High Court in I.T.R. Nos. 19 of 1973 and 318 of 1977.
Harish N. Salve, P.H. Parekh and Sunil Degra for the Appellant.
915 V. Gauri Shanker, Sr.
and section Rajappa for the Respondent.
The Judgment of the Court wa... | For the assessment year of 1968 69, the assessee appellant, a registered firm, returned a total income of Rs.3,94,483 and a provisional assessment was made.
Subsequently, the Income Tax Officer found that for the said assessment year, the assessee had made an income of Rs. 11,82,056 and deducting therefrom three figure... |
Civil Appeal Nos.
3446 & 3447 of 1987.
From the Judgment and Order dated 11.3.87 of the High Court of Allahabad in Civil Misc.
Writ Petition No. 6789 of 1982.
Satish Chandra, Ms. Purnima Bhat and E.C. Agarwala for the Appellants.
P.P. Rao, B.D. Agarwal, P.K. Chakraverty, Ms. Sandhya Goswami and R.C. Verma for the Respo... | These two appeals Civil Appeal No. 3446 of 1987 and Civil Appeal No. 3447 of 1987 were filed in this Court against the judgment of the High Court in the Writ Petition No. 6789 of 1982.
Ratan Prakash Mangal and Kuldip Singh, respondents Nos. 1 and 2 in the Civil Appeal No. 3446 of 1987 and the appellants in Civil Appeal... |
: Criminal Appeal No.490 of 1985.
From the Judgment dated 29.5.1985 of the Judge, Special Court, Ferozepur in Case No.62/84, Trial No.23/85 and FIR No.154 of 1984.
U.R.Lalit and Prem Malhotra for the Appellants.
261 N.S.Das Behl and R.S.Suri (NP) for the Respondent.
The Judgement of the Court was delivered by K.RAMASWA... | The case of the prosecution was that at about 9.00 p.m. on June 4,1984, A 1 and A 3 came to the liquor shop of D 3 wherein PW 3, D 1, D 2 and PW 4 were also present and were vending the liquor.
They sold one bottle ofliquor to A 1 and A 3 on credit.
After its consumption A 1 and A 3 demanded another bottle to which D 3... |
minal Appeal No. 187 of 1956.
Appeal by special leave from the judgment and order dated December 7, 1955, of the Patna High Court in Criminal Revision No. 875 of 1954, arising out of the judgment and order dated May 31, 1954, of the Court of the Additional Sessions Judge at Arrah in Criminal Appeal No. 293 of 1953.
B. ... | One R, the wife of S, disappeared from her husband 's house.
She was traced to the house of the appellants, A and his brother B.
When S went there and asked A to let his wife go with him A told him that he had married her and B threatened S and asked him to go away.
The appellants were charged under section 498 Indian ... |
ivil Appeal Nos.
232 233 of 1978.
From the Judgment and Order dated 19.7.1977 of the Patna High Court in C.W.J.C. No. 756 of 1977.
Ashok Sen, Shankar Ghosh, Tapas Ray, Ms. section Janani, Ms. Minakshi, Mrs. Urmila Kapoor, D. Goverdhan, Rakesh K. Khanna, Salman Khurshid, R.P. Singh, D.D. Mishra, Mrs. G.S. Mishra and D.P... | Under Rule 2 of the Bihar Public Works Department Code, the Governor of Bihar took a decision on 7.4.1958 providing that 25% of the posts of Assistant Engineers in the Bihar Engineering Service, Class II (the Service) were to be filled by promotion, subject to availability of suitable hands, from Overseers in the Bihar... |
ivil Appeal Nos.
931/77 & 200/78.
Appeals by Certificate from the Judgment and Decree dated 1.4.76 and from the Judgment and Decree dated 19.6.1975 of the Andhra Pradesh High Court in A.S. NO. 71/73 and Appeal No. 259 of 1972.
B. Kanta Rao for the Appellants.
C. Sitaramiah, and B. Parthasarthi for the Respondents.
The ... | Civil Appeal Nos. 931 of 1977 and 200 of 1978 relate to the same dispute though arose from, two suits and separate judgements.
Civil Appeal No. 931 of 1977 arose out of the suit for possession by the Gram Panchayat against the descendants of the grantee of inam.
The suit was dismissed by the Trial Court and was confirm... |
N: Criminal Appeal Nos.
345 346 of 1991.
From the Judgement and Order dated 14.6.1990 of the Madras High Court in Referred Trial Nos. 4/89 and 5/89 and Crl.
Appeal Nos.
593/89 and 594 of 1989.
715 Raju Ramachandran, Jaga Rao, Alok Agarwal, Ms. Malini Bhat and section Ravindra Bhatt for the appellants.
V.R. Karthikeyan ... | According to the Prosecution, appellants 1 and 2 have been friends and were in the habit of selling ganja and spending money lavishly.
They attempted to commit theft in their locality, but were no successful.
Therefore, they hatched a conspiracy to entice boys from affluent families to bring cash and jewellery and murd... |
N: Criminal appeal No. 383 of 1991.
From the Judgment and Order dated 17.7.1990 of the Orissa High Court in Crl.
Rev. No. 382 of 1986.
Janaranjan Das for the Appellants.
A.K. Panda for the Respondent.
The Judgment of the Court was delivered by RAY, J.
Special leave granted.
Arguments heard.
This appeal by special leave... | The appellants forcibly took P.W. 2 to a lonely place on 19.3.1983, made her to drink liquor and committed sexual assault on her.
Thereafter they left her in a truck.
While the said truck was unloading materials near a village, the victim stealthily left the truck and concealed herself near a fence.
P.W. 7 rescued her ... |
t Petition (Civil) No. 13704 of 1983.
(Under Article 32 of the Constitution of India) P.N. Lekhi and M.K. Garg for the Petitioner.
Prithvi Raj, P.P. Rao, Govind Mukhoty, Satish Chander, Raju Ramachandran, Mrs. section Dikshit, A.K. Sangal, P.K. Chakraborty.
Ms. Sadhya Goswami and Y.C. Maheshwari for the Respondents.
K.... | The petitioner was appointed as Excise Sub Inspector in February 1964 in the State of U.P. and was later promoted as Excise Inspector on ad hoc basis on February 24, 1972.
He was confirmed as Excise Sub Inspector w.e.f. April 1, 1967.
Though promoted on ad hoc basis, the petitioner has continuously been working as Exci... |
ivil Appeal Nos.
338 339 of 1991.
From the Judgment and Order dated 28.12.85 of the Hyderabad High Court in OMA No. 456 of 1984 and CRP No. 2743 of 1984.
WITH Civil Appeal Nos. 2692 930F 1991.
K.R. Choudhary for the Appellant.
K. Madhava Reddy, G. Prabhakar, T.V.S.N. Chari (N.P.) for the Respondents.
J. Leave granted i... | Some disputes arose between the Respondent State and the Contractor in respect of the Cement concrete lining under an agreement in connection with the construction of Nagarjunasagar Dam.
Arbitrator Umpire was appointed and the parties filed their pleading and documents before him.
There were 15 claims apart from the ge... |
N: Criminal Appeal No. 168of 1991.
From the Judgment and Order dated 26.7.1989 of the Madya Pradesh High Court in Crl.
A. No. 102 of 1984.
G.L. Sanghi and A.K. Sanghi for the Appellants.
The facts are few and simple.
The first appellant Rajendra, on 30th June, 1982, while running a shop under the name and style of M/s.... | Appellant No. 1 was found exhibiting and offering for sale tea dust.
P.W. 1, the Food Inspector purchased tea dust in the requisite quantity for test.
Appellant No. 1 told P.W. 1 that the shop which was being run by him was a part nership concern of the three brothersappellant No. 1 to 3.
On receipt of Public Analyst '... |
ICTION: Criminal Appeal No. 778 of 1979.
From the Judgment and Order dated 21.6.1979 of the Punjab and Haryana High Court in Crl.
A. Nos. 120 and 163 of 1977.
Frank Anthony and Sushil Kumar for the Appellants.
R.S. Suri for the Respondent.
The Judgment of the Court was delivered by AHMADI, J.
Harnam Singh, Sarpanch of ... | The appellants and the deceased Harnam Singh, were neighbours and had strained relations on account of passage of sullage water and elections.
According to the prosecution, they had quarrelled over the passage of sullage water a few months before the incident; the appellants had diverted their sullage water towards the... |
DICTION: Civil Appeal Nos.
4522 4529 of 1985 etc.
etc From the Judgment and order dated 16.8.1985 of the Karnataka High Court in W P.
Nos t5536 40/1982 and W P. Nos.
13981, 17071, .
17072.
19118 and 19285/ 1983.
G. Ramaswami.
Additional Solicitor General, R J Babu, R.F Nariman, Ranjan Karanjawala, Mrs. M. Karanjawala a... | The appellant Coffee Board filed writ petitions in the High Court praying for a declaration that the mandatory delivery of the Coffee under section 25(i) of the , was not sale and that section 2(t) of the Karnataka Sales Tax Act, 1957 required to be struck down if the same encompassed compulsory acquisition also, and c... |
on (CRL.) No. 1061 of 1982.
(Under Article 32 of the Constitution of India).
M.A. Krishna Moorthy, A.S. Pundir, Din Dayal Sharma, Ms. Sangeeta Aggarwal, C.V. Subba Rao and Gopal Subramaniam for the appearing parties.
The following Order of the Court was delivered: Pursuant to our order of May 10, 1991, this matter was ... | Under Section 20 of the Forest Act, 1927 certain areas were declared as reserve forest.
On behalf of the inhabi tants of the areas, the petitioner filed the present Writ Petition challenging their eviction from the said areas.
From time to time this Court had been passing interim orders and directions.
This Court also ... |
Civil Appeal No. 5047 (NT) of 1985.
From the Judgment and Order dated 17.7.
1985 of the Allahabad High Court in Sales Tax Revision No. of 1985.
Madan Lokur for the Appellant.
Ashok K. Srivastava for the Respondent.
M/s. D.H. Brothers Pvt. Ltd., a registered dealer under the U.P. Sales Tax Act, is engaged in the sale of... | The appellant, a registered dealer under U.P. Sales Tax Act, 1948 has been selling machinery including sugarcane crusher.
The State Government was issuing Notifications from time to time exempting agricultural implements from the levy of sales tax.
The State Government by its Notification dated 14.11.1980 amended the l... |
Appeals Nos. 47 and 48 of 1961.
Appeals by special leave from the judgment and decree dated August 5, 1957, of the Bombay High Court in Appeal No. 1085 of 1954 with second Appeal No. 1086 of 1954.
G.S. Pathak and Naunit Lal, for the appellant.
I. N. Shroff, for respondent No. 1 M.S.K. Sastri and R.H. Dhebar, for respon... | The Municipality filed two suits to claim refund of two sum of money paid by them to the respondent No. 1 under protest a, electricity charges.
The defence of the respondent No. 1 was that the dispute between it and the municipality was decided by the Government of Bombay and that under the second proviso to cl. 5 of t... |
vil Appeal No. 3 165 of 1991.
From the Judgment and Order dated 9.8.90 of the Rajas than High Court in W.P. No. 2009/90.
V.A. Bobde, and Mrs. Rani Chhabra for the Appellant.
504 Satish Kr.
Jain and Mrs. Pratibha Jain for the Respondents.
The Judgment of the Court was delivered by SINGH, J.
Special leave granted.
This a... | The appellant held a Stage Carriage Permit for plying his vehicle on the Kota Khanpur route, which overlaps a portion of the KotaSangod route.
The State Road Transport Corporation vide Notification dated 11.10.1979 proposed a scheme under Section 68 C of the for the exclusive operation of its vehicles on the Kota Sango... |
vil Appeal No. 2 145 of 1988.
From the Judgment and Order dated 3.5.
1988 of the Allahabad High COurt in C.M.W.P. No. 13143 of 1985 Avadh Behari Rohatgi section Markandeya, G. Seshagiri Rao and Ms. C. Markandeya for the appellant.
Ms., Shobha Dikshit, Pankaj Kalra, Ejaz Maqbool, Dileep Tandon, J.M. Khanna and S.K. Jain... | The appellants, teachers in a minority institution fully financed by State, went on a strike and when they were called hack to duty, they did not return within time, lead ing to appointment of alternate teachers.
They approached the High Court for their absorption.
The High Court having dismissed the matter, the aggrie... |
vil Appeal No. 1106 (NT) of 1976.
From the Judgment and Order dated 22nd/23rd January 1976 of the Gujarat High Court in Income Tax Ref.
No. 122 of 1974.
Joseph Vellappilly, K.J. John and Ms. Deepa Dikshit for the Appellant.
S.C. Manchanda, Ranvir Chandra and Ms. A. Subhashini for the Respondent.
J. The appellant/Compan... | The appellant company purchased machinery worth Rs.2,81,741 in the year 1957 and gave it on hire to another company which insured the machinery.
In the year 1966, a fire broke out in the lendee company causing extensive damage to the machinery of the appellant.
On a settlement of the insurance claim the lendee company ... |
: Criminal Appeal No. 7 of 1979.
From the Judgment and Order dated 13.2.1978 of the Andhra Pradesh High Court in Criminal Appeal No. 812 of 1976 and 807 of 1977.
K. MadhaVa Reddy, TVSN.Chari, Narashima P.V.P.L. and Ms. M. Gupta for the Appellant.
R.K. Garg, T. Rama Mohan Raj, N.M. popli and V.J. Fran cis for the Respon... | One Ram Subba Reddy, an advocate, politician and a tradeunionist, was murdered on the night between 14th and 15th April, 1975, at his house in Proddatur, when the de ceased is stated to have received fatal blows by lethal weapons whilst his daughter (PW 1), sleeping nearby received injuries when she attempted to go to ... |
ivil Appeal No. 3447 of 1990.
From the Judgment and Order dated 26.4.1990 of the Madhya Pradesh High Court in Misc.
Petition No. 4059 of 1989.
Rajinder Sachar, Vijay Gupta, Vivek Gambhir, S.K. Gamb hir and Surinder Karnail for the Appellant.
B.S. Banthia, S.S. Khanduja and S.K. Agnihotri for the Respondents.
The Judgme... | The appellant and Dr. Jain, respondent No. 4, completed their M.B.B.S. course in the years 1983 87.
from Gandhi Medical College, Bhopal.
While Dr. Jain had been admitted into that course in the Gandhi Medical College, Bhopal after he had passed the entrance test, the appellant first sought admission to M.B.B.S. course ... |
vil Appeal Nos.
1339 40 of 1988.
From the judgment dated 7.7.1987 of the Madras High Court in W.P. Nos. 9781 and 10545 of 1986.
G.L. Sanghi, P.P. Rao, R. Mohan, R. Perumal, V. Krishna murthy, M.N. Krishnamani, V. Sekhar, K.V. Vishwanathan, T. Raja, S.R. Setia, P. Chaudhary, A. Mariarputham and M.A. Krishnamurthy for th... | The Government appointed temporary junior professors in different law colleges in the State under Rule 10(a)(1)(1) of the TamilNadu State and Subordinate Services Rules, 1955 during 1971 1982.
In 1979 the State Public Service Commission invited applications for regular appointment of junior professors.
The temporary ju... |
ivil Appeal Nos.
1852 & 4772 of 1989.
From the Judgment and Order dated 25.5.1988 & 11.11.1988 of the Punjab and Haryana High Court in R.S.A. Nos.
2404 of 1987 and 2246 of 1988.
666 A.S. Sohal and G.K. Bansal for the Appellants.
Atul Nanda, ,Francis Victor, S.K. Mehta (N.P.), Subhash G. Jindal and N.A. Siddiqui for the... | The respondent plaintiff in C.A. No. 18S2/89 was appointed as an ad hoc Sub inspector in the District Food and Supply Department.
He absented himself from duty from 29 September 197S. On 27 January 1977, his services were terminated.
On 18 April 1984, he instituted 'the mir for declaration that the termination order wa... |
Civil Appeal No. 2640(L) of 1980 From the Judgment and order dated 14.2.1978 of the Central Govt.
Industrial Tribunal Cum Labour Court New Delhi in L.C.A. Nos.
389. 391 393, 395 406 of 1978.
Mrs. Urmila Kapur Advocate, for the Appellants.
V.C. Mahajan, Miss A. Subhashini, R.P Srivastava and C.V. Subba Rao for the Respo... | The appellant engaged as 'C ' Grade Fitters in a Central Government Undertaking filed applications under section 33 C(2) of the for computation of wages payable to them for certain periods.
Their case before the Central Government Industrial Tribunal cum Labour Court was that since they were doing the same duties which... |
Appeal No. 316 of 1959.
Appeal by special leave from the judgment and decree dated August 22, 1959 of the Madras High Court in Appeal No. 282 of 1952.
G.S. Pathak, B. Dutta, T.R. Ramchandra, J.B. Dadachanji, O.C. Mathur and Ravinder Narain, for the appellants.
H.N. Sanyal, Solicitor General of India, K. Jayaram and R. ... | The minor respondent No. I brought a suit for partition on a claim that on his birth he became a member of the joint Hindu family which his father Sadagopa Naidu, the first defendant, in the suit, formed with the other nine persons impleaded as defendants 2 to 10.
His case was that Padmavathi and Sada Gopa were validly... |
ivil Appeal No. 630 of 1981.
, From the Judgment and Decree dated 24.8.
1979 of the Andhra Pradesh High Court in Second Appeal No. 358 of 1977.
WITH S L .P Nos. 438/79 & 2113/80.
724 T.S. Krishnamurty lyer, G. Narasimhalu, G.S. Narayana, K. Ram Kumar, Mrs. Anjani, Mrs. J. Ramachandran, T.T. Kunhi kannan, section Sriniv... | Plaintiff 's case was that as the defendant and her husband had no issue they brought up the plaintiff as their foster son from the age of eight years and thereafter the plaintiff continued to live with them and was brought up treating him as their own son.
Defendant 's husband 'died on 14.1.1932 and before his death h... |
Criminal Appeal No. 303 of 1984.
From the Judgment dated 19.5.1984 of the Rajasthan High Court in D.B. Criminal Appeal No. 129 of 1983.
R.K. Jain, R.P. Singh and R.K. Khanna for the Appellants.
Sushil Kumar and AruneShwar Gupta for the Respondent.
The Judgment of the Court was delivered by 824 K. JAYACHANDRA REDDY, J.
... | The appellants father and son (A 1 and A 2) were tried under Sections 302, 201 and 120 B I.P.C. for causing murder of the wife of A.2.
The deceased was married to A 2 in 1961.
Two sons and one daughter were born to them.
Their matrimonial fife was not smooth.
There were frequent quarrels.
It was in the evidence that th... |
Criminal Appeal No. 538 of 1983.
From the Judgment and Order dated 6.4.1982 of the Andhra Pradesh High Court in Crl.
A. No. 469 of 1981.
G. Narasimhulu for the Appellants.
T.V.S.N. Chari, Ms. Suruchi Aggarwal and Ms. Manjula Gupta for the Respondent.
The Judgment of the Court was delivered by KULDIP SINGH, J.
Nethala P... | Appellants (A1 to A3) were tried for the offences under Sections 147, 148, 323 and 309 read with section 149 of the Indian Penal Code.
The Trial Court acquitted A 7 of all the charges but convicted A 1 to A 6 under sections 148 and 302 read with section 149 and sentenced them to imprisonment for life.
On appeal the Hig... |
Criminal Appeal No. 393 of 1979.
From the Judgment and Order dated 26.4.1979 of the Tamil Nadu High Court in Criminal Appeal No. 197 of 1978 and Crl.
Revision Case No. 833 of 1977.
U.R. Lalit and K.R. Choudhary for the Appellants.
K.V. Venkataraman for the Respondent.
The Judgment of the Court was delivered by KULDIP S... | Three charges were framed against the appellants A1 to A7.
A7 was charged under Section 302 read with Section 109, I.P.C. for instigating A1 to 6 to commit the murder Al, A2, A4, A5 and A3, A6 were tried under Sections 147 and 148 IP.C., respectively and the third charge under section 302 read with Section 149, I.P.C. ... |
ivil Appeal No. 3674 of 1988.
From the Judgment and Order dated 15.3.1988 of the Allahabad High Court in Civil Misc.
Writ Petition No. 20328 of 1986.
V.C. Mahajan, C.V.S. Rao and A. Subba Rao for the Appel lants.
Deoki Nandan Aggarwal in person and Mrs. section Dixit for the Respondents.
The Judgment of the Court was d... | The Respondent retired as Judge of the High1 Court on 3.10.1983 on superannuation and elected to receive his pension under of the First SChedule to the .
As a Judge of the High Court, he had put in service of 5 years 10 months and 17 days and his pension was determined at Rs.8,400 p.a. and family pension at Rs.250 p.m.... |
erred Case No. 2 of 1991.
(Under Article 139 A(1) of the Constitution of India) Salman Khurshid, Madhan Panikkar, Mrs. Vimla Sinha and Gopal Singh for the Appellant.
Kapil Sibal and Arun Jaitley, Additional Solicitor Generals, Ms. Kamini Jaiswal and C.V.S. Rao for the Respond ents.
The Judgment of the Court was deliver... | The appellant filed an application before the Central Administrative Tribunal, Patna Bench, for a declaration that the second proviso to rule 4 of Civil Services Examination Rules was violative of Articles 14 and 16 of the Constitu tion of India.
By an interim order the Tribunal allowed the appellant to appear at the C... |
Appeal No.2168 of 1980.
From the Judgment and Order dated 2.8.1979 of the Patna High Court in C.W.J.C. No.1819 of 1979.
R.K. Khanna and R.P. Singh for the Appellant.
L.C. Goyal for the Respondents.
The Judgment of the Court was delivered by K. RAMASWAMY, J.
The appellant, the Ex Treasurer of the Gopalganj Co op.
Develo... | The appellant, an Ex Treasurer of a Co operative Society was said to have defalcated a sum of Rs. 95,790.54 and for recovery thereof, proceedings were initiated under section 48 of the Bihar and Orissa Co operative Societies Act, 1935 with interest accrued thereon of Rs. 25,55 as on December 30, 1976.
The Registrar ref... |
Appeal No. 528 of 1961.
Appeal by special leave from the judgment and decree dated October 10, 1956 of the Mysore High Court in Regular Appeal No. 171 of 1951 52.
K. P. Bhatt and R. Thiagarajan, for the appellant.
section T. Desai, K. Jayaram and R. Ganapathy Iyer for the respondents.
3 December, 18, 1963 The Judgment ... | The appellant in a suit against respondents claimed recovery of possession of the properties in Schedules 1, 2 and 3 as the sole heir of her mother.
She claimed these properties exclusively, under section 12(1) (i) of the Mysore Hindu Law Women 's Rights Act, 1933.
On challenge to her title by respondents she relied on... |
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