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Appeal No. 1695 of 1993.
From the Judgment and Order dated 5.4.1991 of the Bombay High Court in S.C.A. Nos. 27 and 31 of 1988.
G.L. Sanghi Dhruv Mehta, Guru Raikar, S.K. Mehta and Arvind Verma for the Appellants.
BA Masodkar, Dr. R.B. Masodkar and KL.
Taneja for the Respondents.
The Judgment of Court was delivered by A... | The plaintiff, predecessor in interest of the appellants, flied a suit for a declaration and an injunction to restrain the defendant respondents from dispossessing him from a certain property comprising of a coconut grove.
The trial court dismissed the suit holding that the, plaintiff was no more in possession of the s... |
ivil Appeal Nos.
1219 20(NM) of 1987.
From the Judgment and Order dated 17.3.
1987 of the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi in Appeal No. CD/BOM 398 & 399 of 1984.
M.S. Ganesh for the Appellants.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
These two appeals are under ... | Section 129A of the confers right of appeal to the Appellate Tribunal.
Where, however, the order appealed against relates to duty demanded in respect of goods which are not under the control of the customs authorities or any penalty levied under the Act, section 129E requires the aggrieved person to deposit with the pr... |
Appeal No. 228 (NT) of 1987.
From the Judgment and Order dated 8.4.1982 of the Karnataka High Court in S.T.R.P.No. 100/81.
M. Veerappa and K.H. Nobin Singh for the Appellant.
The judgment of the Court was delivered by KULDIPSINGH,J.
The question for consideration in this appeal is whether the mandate, under Section 20 ... | The respondent assessee challenged the best judgment assess ment for the %,ear 1972 73.
The First Appellate Authority dismissed it its limine on the ground that the respondent had failed to pay the tax " not disputed In appeal".
A second appeal was dismissed by the Karnataka Appellate Tribunal.
The High Court allowed t... |
N: Criminal Appeal No. 13 of 1951.
Appeal by special leave from the judgment and order of the High Court of Madras (Rajamannar C.J. and Balakrishna Ayyar J.) dated 10 th April, 1950, in Contempt Application No. 10 of 1949.
426 S.P. Sinha (S.S. Prakasam, with him), for the appellant.
R. Ganapathy Iyer, for the responden... | Sub sec.
(3) of section 2 of the Contempt of Courts Act, 1926, excludes the jurisdiction of the High Court to take cognisance of a contempt alleged to have been committed in respect of a Court subordinate to it only in cases where the acts alleged to constitute contempt are punishable as con tempt under specific provis... |
iminal Appeals Nos. 150 and 185 of 1961.
Appeals by special leave from the judgment and order dated June 19, 1961 of the former Bombay High Court in Criminal Appeals Nos. 218 and 242 of 1961 respectively.
section Mohan Kumarmangalam, R. K. Garg and M. K. Ramamurthi, for the appellant (in Cr. A. No. 150/61).
B. M. Mistr... | In a trial by jury the appellants were jointly charged along with accused No. 1 with an offence punishable under sections 471 and 467 read with section 34 of the Indian Penal Code.
The first charge was that in 921 furtherance of their common intention to cheat the railway administration, accused No. 1 had fraudulently ... |
Appeal No. 205 of 1958.
Appeal by special leave from the judgment and order dated October 23, 1956, of the Industrial Tribunal, Assam in Reference No. 16 of 1956.
M.C. Setalvad, Attorney General for India, section N. Mukherjee and B. N. Ghosh, for the appellant.
C.B. Agarwala and K. P. Gupta, for the respondents.
May 6... | Two workmen Das and another were arrested by the police on the complaint of the appellant company for an alleged theft.
The manager held an enquiry and dismissed Das from service for gross misconduct.
At the enquiry, Das stated that he had nothing to say and knew nothing about the theft.
Certain persons whose statement... |
Appeal No. 281 of 1955.
Appeal from the judgment and order dated March 18, 1954, of the Bombay High Court in Income tax Reference No. 35 of 1953.
K. N. Rajagopal Sastri and D. Gupta, for the appellant.
R. J. Kolah and Ram Ditta Mal, for the respondent.
May 8.
The Judgment of the Court was delivered by HIDAYATULLAH J.
T... | A public notice under section 22(1) of the Income tax Act, 1922 was published on May 1, 1045, requiring every person whose total income exceeded the maximum amount which was not chargeable to income tax to file returns for the assessment year 1945 46.
On January 5, 1950, the assessee submitted a voluntary return showin... |
ION: Criminal Appeal No. 32 of 1958.
Appeal by special leave from the judgment and order dated April 25, 1957, of the Allahabad High Court in Criminal Appeal No. 992 of 1954, arising out of the judgment and order dated January 25, 1954, of the Additional Sessions Judge, Gorakhpur in Sessions Trial No. 71 of 1953.
secti... | The relations between one G and his wife were strained and she went to live with her father B and her brother V, the appellant.
G, with three others, went to the quarter of B and he went inside and came out dragging his reluctant wife behind him.
She caught hold of the door and G started pulling her.
At this the appell... |
Civil Appeal No. 254 of 1954.
Appeal by special leave from the judgment and order dated February 19, 1952, of the Patna High Court in Misc.
Case No. 244 of 1949.
B. Sen, section K. Majumdar and I. N. Shrojj, for the appellant.
M. C. Setalvad, Attorney General for India, B. K. Saran and R. C. Prasad, for the respondent.... | In his return of agricultural income for the assessment year I944 45 the appellant showed a sum of Rs. 2,82,192, which he had paid to the Tekari Rai for two lease hold properties taken on Zarpeshgi lease, as one of the items of the total amount of deduction claimed by him as capital receipt.
The Agricultural Income tax... |
ION: Criminal Appeal No. 11 of 1959.
Appeal by special leave from the judgment and order dated April 30,1958, of the Bombay High Court in Criminal Application No. 508 of 1958.
K. M. Desai and 1.
N. Shroff, for the appellant.
Ganpat Rai, for respondents Nos. 1 to 4 and 6.
K.L. Hathi and B. H. Dhebar, for respondent No. ... | An unmarried Sunni Muslim mother of an illegitimate female child made an application under section 49I Of the Code of Criminal Procedure for the recovery of the child from the respondents.
Held, that under the Mohammedan Law the mother of an illegitimate female infant child is entitled to its custody.
The refusal to re... |
minal Appeal No. 143 of 1957.
Appeal from the judgment and order dated the 8th May, 1957, of the Allahabad High Court, in Criminal Reference No. 149 of 1956, arising out of the judgment and order dated the 14th January, 1956, of the First Additional Sessions Judge, Agra, in Sessions Trial No. 141 of 1954 and Criminal M... | A complaint was filed against seven persons under SS. 409, 465, 467, 471 and 477A of the Indian Penal Code.
After examining the complainant summonses were issued to the accused to answer a charge under section 406. 'The trial started as in a warrant case; prosecution witnesses were examined and cross examined and the s... |
ON: Criminal Appeal No. 116 of 1957.
Appeal by special leave from the judgment and order dated the February 10, 1955, of the Calcutta High Court, in Criminal Revision No. 930 of 1954, arising out of the judgment and order dated July 13, 1954, of the Sub Divisional Magistrate, Darjeeling in G. R. case No. 108 of 1950.
S... | A complaint was filed against the appellant and one Bose before the Sub Divisional Magistrate, Darjeeling.
Under the W.B. Criminal Law Amendment (Special Courts) Act, 1949 the case was allotted to Mr. Dutta Gupta, Special judge, Alipur, who by order dated July 11, 1951, acquitted the appellant but convicted Bose.
Bose ... |
Criminal Appeal No. 139 of 1987.
From the Judgment and Order dated 25.4.
1986 of the Madhya Pradesh High Court in Misc.
Criminal Case No. 1 135 of 1985.
Shanti Bhushan, K.M. Tiwari, L.P. Gaur and Ms. Rani Jethmalani for the Appellant.
U.R. Lalit (not present), P.S. Poti, S.K. Gambhir, Sanjay Sarin, S.N. Khare and T.C. ... | The mortgagee in possession leased out the shop to the appellant and delivered possession.
His entering of possession became a subject matter of dispute with respondent No. 2 in which the appellant was dispossessed.
In the proceedings initiated under section 145 Cr.
P.C. the,Magistrate found that the appellant was enti... |
Civil Appeal No. 478 of 1957.
Appeal from the judgment and decree dated August 17, 1954, of the Punjab High Court, Circuit Bench at Delhi, in Regular First Appeal No. 76 of 1952, arising out of the judgment and decree dated December 15, 1951, of the Court of Sub Judge, 1st Class, Delhi in Suit No. 169 of 1949/409 of 19... | The respondent booked certain goods on September 4, 1947, with the N. W. Railway at Quebec in Pakistan to New Delhi.
The wagon containing the goods was received at the Indian border station of Khem Karan on November 1, 1947, duly sealed and labelled indicating its destination as New Delhi.
It reached New Delhi on Febru... |
Appeals Nos. 422 & 423 of 1958.
433 Appeals from the judgment and decree dated November 22, 1957, of the Allahabad High Court (Lucknow Bench), Lucknow, in Civil Misc.
Applications Nos. 54 and 56 of 1957.
Niamatullah, section N. Andley and J. B. Dadachanji for O. N. Srivastava, for the appellant.
H. N. Sanyal, Additiona... | The respondent, proprietor of Ramnagar Estate, filed a suit against the appellant, proprietor of Ganeshpur Estate, for the recovery of certain properties.
The appellant filed a cross suit against the respondent.
During the pendency of the suits the appellant was declared to be a person of unsound mind and the Court of ... |
Appeal '.
No.75 of 1956.
Appeal by special leave from judgment and order dated March 17, 1955, of the Small Causes Court, Bombay, in Appeal No. 1 of 1955.
M.C. Setalvad, Attorney General for India, section N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellant.
K. B. Choudhuri, for the respondents.
702 1960.... | The expression " the total sum directed to be paid " used in section 17(1) (a) of the , properly construed, does not mean the total sum directed to be paid to each individual applicant.
Consequently, an employer against whom a direction for payment is made under section 15(3) of the Act has a right of appeal under sect... |
Civil Appeal No.257 of 1958.
Appeal by special leave from the Award dated August 20, 1957, of the Industrial Court, Bombay, in Reference (IC) No. 197 of 1956.
C. K. Daphtary Solicitor General of India.
section N. Andley, J. B. Dadachanji and Rameshwar Nath,for the appellant.
B. P. Maheshwari, for the respondent.
I. N. ... | In ascertaining the surplus available for the payment of bonus according to the Full Bench formula the Industrial Court allowed the statutory depreciation but did not give any credit for the rehabilitation amount claimed.
The Industrial Court estimated the amount required for rehabilitation at Rs. 60 lakhs; out of this... |
ivil Appeals Nos. 29 and 30 of 1951.
Appeals from the judgment and decree dated 26th October, 1943, of the High Court of Judicature at Allahabad (Verma and Yorke JJ.) in First Appeal No. 48 of 1938 arising out of the judgment and decree dated 6th August, 1937, of the Court of the Additional Civil Judge at Agra in Suit ... | A relinquishment by a Hindu widow of her estate in favour of the next reversioner and a stranger in equal moieties is not a valid surrender under Hindu law.
A valid surrender cannot be made in favour of anybody except the next heir of the husband.
Mummareddi Nagireddi vs Pitti Durairaja Naidu [1951] (S.C.R. 655) follow... |
Criminal Appeal No. 12 of 1952.
Appeal by special leave from the judgment and order dated 4th June, 1951, of the High Court of Judicature of Punjab at Simla (Bhandari and Soni JJ.) in Criminal Appeal No. 109 of 1951 arising out of Judgment and order dated 19th March 1951 of the Court of the Additional Sessions Judge, F... | The Sessions Court has power to examine witnesses who were not examined before the Committing Magistrate because of sec.
540, Criminal Procedure Code, and if the witness is treated as a prosecution witness and examined by the prose cuting counsel instead of by the court, that at best would be an irrigularity curable by... |
minal Appeal No. 156 of 1961.
Appeal from the judgment and order dated June 15, 1961, of the Calcutta High Court in Criminal Appeal No. 745 of 1959.
D. N. Mukherjee, for the appellant.
P. K. Chakraborty and P. K. Bose, for the respondent.
March 6, 1964.
The Judgment of the Court was delivered by RAGHUBAR DAYAL, J.
Suni... | The appellant was tried and convicted by the Special Judge for an offence under section 409 I.P.C. and sentenced to rigorous imprisonment for two years and to pay a fine of ' Rs. 2,000.
On appeal, the High Court altered his conviction from an offence under section 409 to one under section 420 I.P.C. for cheating the em... |
minal Appeal No. 217 of 1959.
Appeal by special leave from the judgment and order dated September 10, 1959 of the Punjab High Court in Criminal Misc.
No. 559 of 1959.
Appellant in person.
section M. Sikri, Advocate General for the State of Punjab, Mohinder Singh Punnan, T. M. Sen and D. Gupta, for the respondent.
March... | One S lodged a first information report against K.
When K found that no action was taken on the report for several months he filed a criminal complaint against S contending that the report lodged by S was false.
At the instance of S the magistrate ordered K 's complaint to stand adjourned till the police made its final... |
: Civil Appeals Nos. 249 & 250 of 1958.
Appeals by special leave from the judgment and order dated March 7, 1956, of the Bombay High Court in I.T.R. Nos. 52 and 53 of 1955.
K. N. Rajagopal Sastri and D. Gupta, for the appellant (in both the appeals).
N. A. Palkhivala, section N. Andley and J. B. Dadachanji, for the res... | A Hindu governed by the Mitakshara School of Hindu Law died leaving three widows as his legal heirs.
The widows took the estate as joint tenants and did not exercise their right to separate possession and enjoyment.
The main income was from dividends and from immovable property.
The latter was held under section 9(3) o... |
Appeal No. 507 of 1957.
Appeal by special leave from the order and judgment dated September 28, 1955, and February 20, 1956, of the Bombay High Court in Income tax Reference No. 28 of 1955.
R.J. Kolah and I. N. Shroff, for the appellant.
C. K. Daphtary, Solicitor General of India,B. Ganapathy lyer and D. Gupta, for the... | The appellant was a shareholder of a company known as Mafatlal Gagalbhai and Co., Ltd. The Company with its registered office at Bombay was at all material times resident in British India.
It was also doing business in the former Baroda State and used to keep its profits derived in that State with Mafatlal Gagalbhai In... |
Criminal Appeal No. 74 & 75 of 1986.
From the Judgment and Order dated 13.11.1984 of the Punjab and Haryana High Court in Crl.
Appeal No. 128 SP of 1984.
R.L. Kohli, R.C. Kohli and D.D. Sharma for the Appellant in Crl.
A. No. 74 of 1984.
D.S. Tewatia and Mahabir Singh for the appellant in Crl.
A. No. 75 of 1984.
U.R. L... | Seven persons were convicted under sections 307/149, 325/l49, 3231/149 and 148 IPC and sentenced to undergo R.Z. from one year to three years.
The High Court acquitted two of all charges, and five of the offence under section 307/149 while maintaining their conviction and sentence under section 325/149, section 323/149... |
Appeal No. 236 of 1955.
Appeal from the judgment and order dated August 3, 1953, of the Punjab High Court in Civil Reference No. 7/1952.
M. C. Setalvad, Attorney General for India, K. N. Rajagopal Sastri and D. Gupta, for the appellant.
N. C. Chatterjee and section K. Sekhri, for the respondent.
July 27.
The Judgment o... | The assessee, an advocate, accepted a case on condition that the clients would provide him with Rs. 40,000 for charitable purposes and that he would create a public charitable trust with the money.
The clients gave the assessee Rs. 32,500 and he created a trust therewith.
The assessee claimed that the said amount of Rs... |
Appeal No. 216 of 1954.
Appeal from the judgment and decree dated September 26,1946, of the former Chief Court of Avadh at Lucknow, in First Appeal No. 7 of 1940.
Naunit Lal, for the appellant.
section N. Andley, Rameshwar Nath, J. B. Dadachanji and P. L. Vohra, for respondent No. 1. 1960.
August 5.
The Judgment of the... | N borrowed rupees one lakh from D on mortgage of a house and Zamindari interest on March 1, 1924.
Interest was 8% per annum compoundable with six monthly rests.
In 1932 the mortgagee filed a suit on the mortgage and a decree was passed for the recovery of Rs. 1,83,781/5/9 principal and interest upto the date of the sui... |
minal Appeal No. 158 of 1956.
Appeal by special leave from the judgment and order dated February 9, 1955, of the Calcutta High Court in Criminal Revision No. 282 of 1954, arising out of the judgment and order dated December 15, 1953, of the Second Municipal Magistrate, Calcutta, in Case No. 2629C of 1952.
Feb. 8, 9, 10... | The appellant was using certain premises in Calcutta for storing rice flour, etc.
without taking out any license under section 386(1)(a) of the Calcutta Municipal Act, 1923.
The respondent filed a complaint against the appellant for a contravention of section 386(1)(a).
The trial Magistrate acquitted the appellant hold... |
Appeal No. 755 of 1957.
Appeal by special leave from the judgment and order dated March 23, 1955, of the former Nagpur High Court in Misc.
Civil Case No. 240 of 1953.
10 K. N. Rajagopal Sastri, R. H. Dhebar and D. Gupta, for the appellant.
Veda Vyasa, section N. Andley, J. B. Dadachanji,_ Rameshwar Nath and P. L. Vohra... | Respondent, a non resident company, in the accounting year supplied goods which were sent F. O. R. Bhopal to the buyers in British India.
The railway receipts were handed over to a Bank in Bhopal with instructions to hand over the railway receipts to the buyers, who were named as consignees, only on receipt of payment ... |
Appeal No. 210 of 1959.
Appeal by special leave from the judgment and order dated January 16, 1958, of the Patna High Court in Mis.
Judicial case No. 156 of 1957.
B. C. Ghose and P. K. Chatterjee, for the Appellant.
section P. Varma, for Respondents Nos. 1 to 5.
R. C. Dutta, for Respondents Nos.
6 to 20. 1960.
November... | The appellant effected sales during the period 26 1 1950 to 31 3 1950, whereunder the property in the goods passed in the State of Bihar but delivery was effected outside Bihar for consumption outside Bihar.
In some of these sales the goods were delivered in the State of first destination for consumption therein whilst... |
Appeal No. 761 of 1957.
Appeal by special leave from the judgment and order dated February 24, 1955, of the former Bombay High Court in I.T.R. 48/X of 1954.
Hardayal Hardy and D. Gupta, for the appellant.
N. A. Palkhivala and I. N. Shroff, for the respondent.
November 17.
The Judgment of the Court was delivered by SHAH... | The respondent company purchased certain machinery for Rs. 89,000 and sold it for the same value, but in the books of account the written down value of the machinery was shown in the year of account as Rs. 73,392.
The Income Tax Officer in computing the assessable income of the company added the difference, i.e. Rs. 15... |
Appeal No. 761 of 1957.
Appeal by special leave from the judgment and order dated February 24, 1955, of the former Bombay High Court in I.T.R. 48/X of 1954.
Hardayal Hardy and D. Gupta, for the appellant.
N. A. Palkhivala and I. N. Shroff, for the respondent.
November 17.
The Judgment of the Court was delivered by SHAH... | The respondent company purchased certain machinery for Rs. 89,000 and sold it for the same value, but in the books of account the written down value of the machinery was shown in the year of account as Rs. 73,392.
The Income Tax Officer in computing the assessable income of the company added the difference, i.e. Rs. 15... |
s 1, 7, 8, 10, 53 and 76 of 1963.
Petitions under Art 32 of the Constitution of India for the enforcement of Fundamental Rights.
R.V. section Mani and K. R. Shama, for the petitioner (in W.P. Nos. 1 and 76 of 1963).
R. V. section Mani and T. R. Y. Sastri, for the petitioner (in W.P. Nos. 7, 8, 10 and 53).
A.V. Ranganad... | The constitutionality of the Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 was attacked on the ground that it violated articles 14, 19, 31(2) of the Constitution.
Held (i) The provisions of section 5(1) of the Act result in discrimination between persons equally circumstanced and are thus violative of art... |
Appeal No. 543 of 1962.
Appeal from the judgement and order dated November 26, 1959 of the Punjab High Court in Civil Writ No. 678 1957.
Bishan Narain and N. N. Keswani, for the appellant.
B. K. Khanna and B. R. G. K. Achar, for respondent Nos. 1 to 3.
D. N. Mukherjee, for respondent No. 4.
R. V. section Mani and T. R.... | The father of the appellant owned considerable agricultural property in Pakistan and he with the members of his family moved over to India on partition.
The appellant 's father had some unsatisfied claim for allotment and on December 29.
1955 he was allotted some plots in Urban area within a certain municipality.
The a... |
Appeal No. 780 of 1962.
Appeal by special leave from the judgment and decree dated November 28, 1960, of the Patna High Court, in Miscellaneous Judicial Case No. 724 of 1958.
K. N. Rajagopal Sastri and R. N. Sachthey, for the appel lant.
section K. Kapur and B. N. Kirpal, for the respondent.
March 13, 1964.
The judgmen... | The assessee company dealt in shares and also held invest ments of shares on January 1, 1948.
The assessee held 1,10,747, shares of Rohtas Industries at a book value of Rs. 15,57,902/ .
Of these shares 31,909 were bonus shares issued by Rohtas Industries in 1945 at the face value of Rs. lo/, each and the assessee had d... |
ON: Civil Appeal Nos.
1938 39 of 1987.
From the Order dated 1.10.1985 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal Nos.
ED (SR) T. 1415/82 Al and 1533/84 A. 357 M.K. Banerjee, Solicitor General, A.K. Ganguli and P. Parmeshwaran for the Appellant.
A.T.M. Sampath for the Respondents.
T... | % The respondents manufactured goods which were assessable under Item 68 of the Central Excise Tariff.
The respondents filed price lists for the sale of the goods through their distributors one of them being M/s. T.I & M Sales Ltd., quoting their price to the distributors as assessable value.
Subsequently the responden... |
ivil Appeal No. 2659 of 1986.
From the Judgment and Order dated 14.6.1985 of the Appellate Authority Delhi in Appeal No. 2 of 1985.
Anil Kumar Gupta and B.N. Singhvi for the Appellant.
Raja Ram Agarwal, Parveen Kumar and Vivek Gambhir for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J.
T... | The appellant was in the service of Respondent firm from April,1944 till he resigned on 24.5.83.
The employer did not determine the amount of gratuity payable to the appellant.
Appellant furnished the necessary application for payment of gratuity and since no action was taken by the employer, the appellant approached t... |
Appeals Nos.
107 111 of 1963.
Appeals by special leave from the judgment :and order dated March 23, 1961 of the Punjab High Court in Income tax Reference No. 14 of 1960.
R. Ganapathi Iyer and R.N. Sachthey, for the appellant (in all the appeals).
S.T. Desai, R.K. Gauba, B.P. Singh and Naunit Lal, for the respondent (in... | The assessee, a distiller of country liquor, carried on the business of selling liquor to licensed whole salers.
The assesses :started collecting from its customers from the year 1945 besides the price of the liquor and the bottles in which the liquor was sold a further charge called "empty bottles return security depo... |
il Appeals Nos.
399 403/1962.
Appeal from the judgment and order dated February 17, 1961 of the Andhra Pradesh High Court in Writ Petitions Nos. 400, 431 to 433 and 495 of 1958.
K.Srinivasamurthy and Naunit Lal, for the appellants (in all the appeals).
K.R. Chaudhuri and B. R. G. K. Achar, for the respon dents (in all ... | The appellants are manufacturers of medicine in which they have to use alcohol.
According to r. 36 of the Medical Preparation and Spirituous Rules, 1345 F framed under the Hyderabad Abkari Act, 1316 F the appellant used to pay certain fees to the State Government for the supervision of the use of alcohol by the appella... |
minal Appeal No. 134 of 1962.
Appeal by special leave from the judgment and order dated July 17, 1962 of the Andhra Pradesh High Court in Criminal Revision Case No. 298 of 1961.
A. section R. Chari, G. D. Gupta, section Balakrishnan, R. K. Garg, section C. Agarwala, D. P. Singh and M. K. Ramamurthi, for the appellant.
... | The appellant applied for a post advertised by the Madras Public Service Commission, making certain representations in his application which were found to be false.
He was convicted under section 419 Indian Penal Code for having cheated the commission.
This conviction was confirmed by the Sessions Judge and the revisio... |
Appeal No. 251 of 1963.
Appeal by special leave from the judgment and order dated March 20, 1957, of the Patna High Court in Civil Revision No. 40 of 1956.
M. C. Setalvad, and R. C. Prasad, for the appellants.
The respondent did not appear.
March 24, 1964.
The short question which arises in this appeal is whether the t... | In pursuance of an award made by an Industrial Tribunal fixing the pay of the employees at Rs. 2/2/ per day, the management of the appellant had entered into an agreement with its workmen, that the effect would be given to the wage structure prescribed by the said award.
In spite of the award and the agreement, the app... |
Appeal No. 240 of 1955.
732 Appeal by special leave from the judgment and order dated September 3, 1953, of the Bombay High Court in Income tax Reference No. 15 of 1953.
Hardayal Hardy and D. Gupta, for the appellant.
G. section Pathak, section P. Mehta, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Voh... | The assessee, resident in British India, had some money in deposit with a concern in Bhavnagar, outside British India.
On April 7, 1947, he transferred part of it to a concern in Bombay.
He was assessed to tax on this amount under section 4(i)(b)(iii) of the Income tax Act.
The assessee contended that to attract the ap... |
Appeal No. 490 ,of 1962.
Appeal by special leave from the judgment and order dated October 20, 1959 of the Punjab High Court in Regular Second Appeal No. 1591 of 1959.
Kartar Singh Chawla and Harbans Singh, for the appellants.
I. M. Lal and M. R. K. Pillai, for the respondents.
March 24, 1964.
The Judgment of the Court... | Claiming inheritance to the properties of one P a Jhalli Jat of Ludhiana Tehsil, the respondents, who were P 's sister and sister 's son filed a suit against the appellants P 's collaterals.
The Subordinate Judge decreed the suit and an appeal to the District Judge was dismissed.
They held that the lands in suit were n... |
MINAL APPEAL No. 193 of 1962.
Appeal from the judgment and order dated March 12,1962 of the Allahabad High Court (Lucknow Bench) at Lucknow in Criminal Reference No. 21 of 1961.
O. P. Rana, Atiqur Rehman and C. P. Lal, for the appellant.
The respondent did not appear.
March 24, 1964.
The Judgment of the Court was deliv... | On a complaint by the District Magistrate the respondents were put on trial for an offence under section 15(1) of the Uttar Pradesh Private Forests Act, 1949.
The charge against the first respondent was that he sold one tamarind tree to respondent No. 2 for the purpose of felling and removing it without obtaining permi... |
Appeal No. 46 of 1961.
Appeal from the judgment and decree dated July 17, 1958 of the Patna High Court in Appeal from Original Decree No. 162 of 1952.
Sarjoo Prasad and D. N. Mukherjee, for the appellant.
R. C. Prasad, for respondents Nos.
565 April 1, 1964.
The Judgment of the Court was delivered by MUDHOLKAR, J.
This... | The plaintiff appellant instituted a suit against the defen dants respondents for the recovery of a sum of Rs. 57,000/ .
The appellant was holding permanent lease hold rights over a certain colliery.
On January 31, 1949 the appellant granted a sub lease of the colliery to respondent No. 4 for a term of 5 years.
He join... |
Appeal No.241 of 1961.
Appeal from the judgment and decree dated March 4, 1958, of the Patna High Court in Appeal from Appellate Decree No. 1335 of 1952.
634 R.S. Sinha and R.C. Prasad, for the appellants.
Sarjoo Prasad and B. P. Jha, for the respondents nos.
1 and 2.
April 3, 1964.
The judgment of the Court was delive... | The plaintiff brought a suit for redemption of a large num ber of usufructuary mortgages in favour of the defendants.
The case of the plaintiff was that under the terms of the mortgage bonds the mortgagees were liable to pay rent to the land lord.
The mortgagees, however, defaulted in the payment of rent for some years... |
eal No. XXXIV of 1950.
Appeal by special leave from an Award of the All India Industrial Tribunal (Bank Disputes) Bombay, dated 1st Janu ary, 1950.
The facts of the case are set out in the judg ment.
Dr. Bakshi Tek Chand (Veda Vyas and S.K. Kapur, with him) for the appellant.
B. Sen for the respondents.
Alladi Krishnas... | Held per KANIA (C.J. FAZL ALl, and MAHAJAN JJ.
(MUKH ERJEA and PATANJALI SASTRI JJ.
dissenting).
The functions and duties of the Industrial Tribunal constituted under , are very much like those of a body discharging judicial functions although it is not a Court, and under article 136 of the Constitution of India the Su... |
Criminal Appeal No. 467 of 1988.
From the Judgment and Order dated 20th July, 1987 of the Gujarat High Court in Crl.
Appeal No. 260/87 with Crl.
Appeal No. 105/87 and Crl.
Appeal No. 444/87.
Soli J. Sorabji, Mukul Mudgal, E.K. Jose and P.H. Parekh for the Appellant.
PG NO 749 G.A. Shah, M.N. Shroff, B. Datta, A.K. Sriv... | The appellant was charged under section 95(l)(ii) of the Gold (Control) Act, 1968 pursuant to seizure of 7,000 tolas of foreign mark gold from his possession.
He pleaded guilty to the charge and was convicted and sentenced to the maximum punishment of imprisonment for 7 years and fine of Rs.10 lakhs prescribed under th... |
Appeal No. 220/ 1963.
Appeal by special leave from the judgment and order dated January 9, 1961 of the Kerala High Court in I.T.R. Case No. 17 of 1959.
K. N. Rajagopal Sastri and R. N. Sachthey, for the ap pellant.
The respondent did not appear.
April 1, 1964.
The Judgment of the Court was delivered by SUBBA RAO, J.
Th... | The respondent is an employee of the English and Scottish Joint Co operative Wholesale Society Ltd. incorporated in England.
The Society established a superannuation scheme for the benefit of the male European members of its staff employed in India by means of deferred annuities.
Under the terms of the scheme, the trus... |
Appeal No. 172 of 1964.
Appeal from the judgment and decree dated July 6, 1962 of the Calcutta High Court in Appeal from Original Decree No. 213 of 1959.
section T. Desai, B. Sen and B.P. Maheshwari, for the appllant.
H. N. Sanyal, Solicitor General, Ajit Kumar Sen and S.N. Mukherjee, for the respondent No. 1.
April 15... | Respondent No. 2 is the lessee of Respondent No. 1 and the appellant is the sub lessee.
Both the respondents Nos. 1 and 2 had the same directors.
Respondent No. 1 brought a suit against respondent No. 2 for eviction in which the appellant was not impleaded as a party.
By agreement between the present respondent Nos. 1 ... |
Appeals Nos. 396 413 of 1963.
Appeals by special leave from the judgment and order dated October 26, 1961 of the Kerala High Court in Writ Appeals Nos. 104 106, 107, 109, 112, 108, 113, 114, 111, 115, 116, 119, 120, 123, 124 and 122 of 1964.
M. C. Setalvad, J. B. Dadachanji, 0.
C. Mathur and Ravinder Narain, for the ap... | The appellants were carrying on the business of growing and manufacturing tea in their estates.
The sellers of tea were the appellants; the purchasers were local agents of Foreign buyers.
The sales were by public auction at Fort Cochin.
They were conducted by brokers of tea.
The sales were in conformity with the provis... |
Appeals Nos.
507 508 of 1963.
Appeal by special leave from the judgment and order dated November 4, 1950, of the Orissa High Court in Special Jurisdiction Cases Nos. 38 and 39 of 1958.
R.Ganapathy Iyer and R. N. Sachthey, for the appellant (in both the appeals).
817 B.Sen and section N. Mukherjee, for the respondents (... | Assessment orders were passed by the Sales Tax Officer allowing the deductions of two amounts claimed by the respondent dealer under section 5(2)(a)(ii) of the Orissa Sales Tax Act in respect of goods sold to a registered dealer.
The respondent dealer filed appeals to the Assistant Collector Sales Tax, challenging the ... |
Appeals Nos.
680 to 682 of 1963.
Appeals by special leave from the judgment and decree dated February 8, 1960 of the Board of Revenue, U. P. in petitions Nos.
203 to 205 of 1958 59.
J. P. Goyal, for the appellant (in all the appeals).
Brijbans Kishore and Ramesh B. Saxena, for respon,dents Nos.
I to 3 (in all the appea... | On October 10, 1953, the respondents filed suits under section 232 read with section 20 of the U. P. Zamindari Abolition, and Land Reforms Act, 1950 against the appellant before the Sub Divisional Officer.
Before the coming into operation of the Abolition Act the appellant (Amba Prasad) was Zamindar of the disputed lan... |
Appeal No. 145 of 1963.
Appeal from the judgment and order dated November 16.
1959, of the Madras High Court in Case Reference No. 82 of 1956.
section K. Kapur and R. N. Sachthey, for the appellant.
section Swaminathan and R. Gopalakrishnan, for the respondent.
847 section T. Desai, J. B. Dadachanji, O. C. Mathur and R... | The assessee, who was the owner of a fleet of buses, rep laced the petrol engines in two of his buses by new Diesel engines incurring an expenditure of Rs. 18,544/ in this connection, during the year of account ending with March 31, 1950.
For the relevant assessment year he claimed deprecia tion allowance under the sec... |
Appeal No. 226 of 1963.
95 Appeal from the judgment and order dated August 1, 1961, of the Calcutta High Court in Income tax Reference No. 75 of 1956.
section Chaudhuri, D. N. Mukherjee and D. N. Gupta, for the appellant.
K. N. Rajagopal Sastri and R. N. Sachthey, for the res pondent.
May 1, 1964.
The Judgment of the C... | By an agreement with the Fort William Jute Company in 1925 the appellant company became its Managing Agent.
The terms, inter alia, were that the appellant or its successors, unless they chose to resign, were to continue as Managing Agent until they ceased to hold certain shares in the capital of the company and were on... |
l Appeal No.
1072 of 1963.
Appeal from the judgment and order dated April 10.
1963 of the Andhra Pradesh High Court in Special Appeal No. 52 of 1962.
K. R. Chaudhuri, for the appellant.
A. V. Viswanatha Sastri and T. V. R. Tatachari, for the respondent.
May 4, 1964.
The Judgment of the Court was delivered by HIDAYATULL... | The respondent obtained a mining lease from the State Government.
Clause 21 of the lease reserved to the Government the right to prior purchase of the minerals raised by the lessee.
While the lease was subsisting, the, respondent stood for election to the state Legislative Assembly and was elected.
The appellant, his c... |
Appeal No. 244 of 1964.
Appeal from the judgment and order dated September 21, 1962 of the Mysore High Court in Civil Revision Petition No. 929 of 1958.
G. section Pathak and R. Gopalakrishnan, for the appellants.
section G. Patwardhan, V. Kumar and Naunit Lal, for the respondent No. 1.
235 May, 8, 1964.
The Judgment o... | The respondent No. 1 while he was a minor was admitted to the benefits of a partnership constituted of respondents 2 and 3.
The partnership owed a certain amount to the appellants.
The partnership was dissolved and subsequently respondent No. 1 became a major but he did not exercise the option not to become a partner u... |
minal Appeal Nos.
87 91 of 1964.
Appeal by special leave from the judgment and order dated January 18, 1964, of the Judicial Commissioner 's Court for Tripura in Criminal Misc.
(Habeas Corpus) Petitions Nos. 15, 20, 25, 26 and 28 of 1963, and Habeas Corpus Petitions Nos. 24 and 27 of 1963.
AND Writ Petitions Nos. 43, 4... | The Administrator of the Union Territory of Tripura passed orders detaining 68 persons, including the appellants and the petitioners, under R. 30(1)(b) of the Defence of India Rules, 1962.
While gradually releasing 45 of them he purported to detain the appellants and the petitioners under R. 30A(8) of the said Rules.
T... |
ivil Appeal No. 3129of 1988 From the Judgment and Order dated 7.7.1987 of the Patna High Court in Civil Revision No. 128 of 1987 (R).
R.K. Jain, Rakesh K. Khanna and R.P. Singh for the Appellant.
R.N. Sachthey and Anip Sachthey for the Respondents.
The following Order of the Court was delivered: ORDER Special leave gra... | The appellant, an employee of Respondent No. 1, was subjected to disciplinary proceedings as also a criminal prosecution simultaneously on the allegation that he physically assaulted a supervising officer.
He filed a civil action in the trial court asking for injunction against the disciplinary action pending criminal ... |
Appeal No. 216 of 1956.
Appeal by special leave from the judgment and decree dated August 28, 1950, of the Punjab High Court in Civil Regular First Appeal No. 343 of 1944.
L.K. Jha, K. P. Bhandari and Harbans Singh, for the appellants.
Darya Datt Chawla for respondent Nos.
1(i) to (iii).
February 9.
The Judgment of the... | Order 32, r. 7(2) of the Code of Civil Procedure, which is intended to protect the interest of the minor, really means that an agreement or compromise entered into on behalf of the minor in contravention of 0. 32, r. 7(1) is voidable only at the instance of the minor and not at the instance of any other party to it.
Su... |
Appeal Nos. 887 and 888 of 1963.
Appeals by special leave from the judgment and order dated October 23, 1961, of the Allahabad High Court in Special Appeals Nos.
483 and 484 of 1961.
section K. Kapur, B. L. Khanna, section Murty and K. K. Jain, for the appellants.
C. B. Agarwala and C. P. Lal, for the respondent.
July ... | For the assessment years 1956 57 and 1957 58, the appellant was, assessed to sales tax in respect of Vanaspati and oil under the U.P. Sales Tax Act, 1948.
By a notification issued on March 31, 1956 under section 3 A(2), the rate of tax on Vanaspati was fixed at one anna per rupee at the point of sale by the manufacture... |
Appeal No. 484 of 1961.
Appeal by special leave from the judgment and decree dated March 28, 1958 of the Rajasthan High Court (Jaipur Bench) at Jaipur in D. B. Civil First Appeal No. 64 of 1951.
Sarjoo Prasad and Harbans Singh, for the appellants.
B. P. Sinha and Naunit Lal, for the respondents.
May 8, 1964.
The Judgme... | The respondent sought to redeem a mortgage executed in the State of Alwar in 1919.
By a stipulation in the mortgage deed the mortgagor agreed that if the debt was not paid within 15 years the mortgagee would become the owner of the property.
The respondent 's case was that the transaction was a mortgage and that he cou... |
Criminal Appeal No. 191 of 1962.
Appeal by special leave from the judgment and order dated April 9, 10 and 12 of 1962 of the Gujarat High Court in Criminal Appeal No. 426 of 1961.
A. section R. Chari, and R. A. Gagrat, for the appellants.
H. R. Khanna, R. H. Dhebar and B. R. G. K. Achar, for the respondent.
The Judgmen... | Where four persons shot at the deceased with the intention of killing him but under a misapprehension that he was some one else they could be found guilty of an offence under section 302 of the Indian Penal Code, read with section 34 of the Code.
It would be a case of killing the deceased in furtherance of their common... |
vil Appeal No. 938 of 1963.
Appeal from the judgment and decree dated December 19, 1960 of the Allahabad High Court in Income tax Reference No. 1588 of 1956.
K. N. Rajagopala Sastri, R. H. Dhebar and R. N. Sachthey, for the appellant.
A. V. Viswanatha Sastri and Naunit Lal, for the respondent.
The Judgment of the Court... | Cash and ornaments worth Rs. 1,06,000 were robbed by dacoits from the Ramnagar branch of the Nainital Bank Ltd., a public limited company carrying on the business of banking.
The loss was claimed by the bank as a trading loss for the assessment year 1952 53.
The claim was disallowed by the Income tax Officer on the gro... |
ence No. 1 of 1964.
Special Reference under article 143 of the Constitution of India.
C.K. Dhaphtary, Attorney General, H.N. Sanyal, Solicitor General, section V. Gupte, Addl.
Solicitor General, D. R. L. lyengar and R. H. Dhebar, for Union of India.
M.C. Setalvad, G.S. Pathak, Jagadish Swaroop, S.N. Andley, P.L. Vohra,... | The Legislative Assembly of the State of Uttar Pradesh committed one Keshav Singh,who was not one of its members, to prison for its contempt.
The warrant of committal did not contain the facts constituting the alleged contempt.
While undergoing imprisonment for the committal, Keshav Singh through his Advocate moved a p... |
Appeal No. 78 of 1952.
Appeal from the Judgment and Order dated the 17th January, 1951, of the High Court of Judicature at Calcutta (Harries C.J. and Banerjee J.) in its Special Jurisdiction (Income tax) in Income tax Reference No. 50 of 1950.
C.K. Daphtary, Solicitor General for India (G. N. Joshi, with him) for the a... | Ordinarily a company will be a, "company, the directors whereof have a controlling interest therein" for the purposes of the Excess Profits Tax Act, 1940, only if the directors thereof hold, and are entered in the share register as holders of, a majority of the vote carrying shares of the company.
It is not necessary t... |
Appeal No. 464 of 1964.
Appeal by special leave from the Award dated the September 29, 1962 of the Third Industrial Tribunal in Case No. VIII 197 of 1960.
A. V. Viswanatha Sastri, Anand Prakash and D. N. Gupta, for the appellant.
N. C. Chatterjee, D. L. Sen Gupta and Janardan Sharma, for the respondent.
140 The Judgmen... | The appellant company dismissed some workmen after a domestic enquiry holding them guilty on a charge of 'go slow ' action.
The respondents raised an industrial dispute.
The Industrial Tribunal found that the dismissal of the respondents could not be sustained as there was no specific mention of 'go slow ' in the charg... |
l Leave Petition (Civil) No. 890 of 1964.
Petition for special leave to appeal to the Supreme Court from the judgment and decree dated December 16, 1963 of the Rajasthan High Court in Civil First Appeal No., 54 of 1956.
Mukat Behari Lal Bhargava, Zalim Singh, Meeratwal and Naunit Lal, for the petitioner M. C. Setalvad,... | The petitioner filed a suit in the court of the Sub Judge claiming a decree for Rs. 10,665 and any balance ascertained as due to him on taking account, being proceeds of sales made by the respondents as the petitioner 's agents.
The trial court passed a decree directing that an account be taken of the amount due and ap... |
iminal Appeals No,%.
79 and 89 of 1959.
Appeals by special leave from the judgment and order dated May 6,1959, of the Allhabad High Court in Criminal Appeal No. 1224 of 1957.
A. section R. Chari, B. K. Gary, D.P. Singh, section C. Agarvial and M. K. Ramamurthi, for the appellants.
G. C. Mathur and C. P. Lal for the res... | In execution of a decree the Amin attached, inter alia, two buffaloes from the house of the judgment debtor and entrusted them to the custody of a sapurdar.
As the sapurdar had no accommodation in his house for keeping the buffaloes he kept them for the night in the enclosure of the decree holder with his permission.
E... |
ivil Appeal No. 2377 of 1987.
From the Judgment and Order dated 29.10.1986 of the Allahabad High Court in F.A. No. 493 of 1984.
J.P. Goyal, Rajesh and V.K. Verma for the Appellant.
Mrs. Rani Chhabra for the Respondent.
The Judgment of the Court was delivered by VENKATACHALIAH, J.
This appeal, in a matrimonial cause, is... | The appellant and respondent married in 1977.
In 1983, the appellant filed a suit for dissolution of the marriage, alleging that his wife was suffering from severe mental disorder, psychiatrically recognised as `Schizophrenia ' which rendered her unsociable and despite competent professional treatment, her condition de... |
ivil Appeal No. 414 of 1965.
Appeal from the judgment and order dated February 21, 1962, of the Punjab High Court in I.T. Reference No. 9 of 1959.
N.C. Chatterjee and R.V. Pillai, for the appellant.
C.K. Daphtary, Attorney General, R. Ganapathy lyer, R.N. Sachthey for R.H. Dhebar, for the respondent.
The Judgment of SU... | The appellant .company reduced its capital and the reduction was confirmed by the High Court.
On November 4 , 1954, i.e. during the course of the appellant 's accounting year ending November 30, 1954, the Registrar of Companies issued the requisite certificate under section 61(4) of the Indian Companies Act.
The surplu... |
No. 59 of1951.
Appeal from the Judgment and Decree dated the 22nd August, 1944, of the High Court of Judicature at Allahabad (Verma and Hamilton JJ.) in First Appeal No. 345 of 1940 arising out of the Judgment and Decree dated the 24th August, 1940, of the Court of the Special Judge, 1st Grade of Shahjahanpur in Miscel... | Creditors who did not take an active part in the proceedings are not necessary parties to an appeal from an order rejecting a claim made in a proceeding under section 11 (2) of the U. P. Encumbered Estates Act, 1934.
The technical rules of the Civil Procedure Code regarding the impleading of parties should not be appli... |
ivil Appeal No. 424 of 1963.
Appeal by special leave from the judgment and order dated April 8, 1960 of the Allahabad High Court in Civil Misc.
Writ No. 2650 of 1956.
C.B. Agarwala and O.P. Rana, for the appellant.
Yogeshwar Prasad, Harder Singh and M.V. Goswami, for the respondents.
The Judgment of the Court was deliv... | The respondent who was assessed to agricultural income tax made an application to the Assessing Officer depositing compensation Bonds and prayed that the Bonds be accepted in payment of tax dues.
This was rejected stating that there was no rule for acceptance of these bonds.
Another attempt by the respondent was also t... |
Appeal No. 583 of 1961.
Appeal by special leave from the Judgment and decree dated August 12, 1959, of the Rajasthan High Court in Civil Misc.
First Appeal No. 50 of 1956.
Gopal Singh, for the appellant.
B. P. Maheshwari, for the respondent.
April 22, 1964.
The Judgment of the Court was delivered by AYYANGAR, J.
The fa... | The plaintiff respondent brought a suit against the appel lant for recovery of possession of certain property and for mesne profits.
The plaintiff claimed recovery of possession and mesne profits on the ground that he was the absolute owner of the property described in the plaint and the defendant was in, wrongful poss... |
Criminal Appeal No. 60 of 1963.
Appeal by special leave from the judgment and order dated August 24, 1962 of the Allahabad High Court in Government Appeal No. 1379 of 1962.
B.C. Misra and O.P. Rana, for the appellant.
1. P. Goyal, for the respondent.
The Judgment of the Court was delivered by Sikri, J.
This appeal by s... | The respondent obtained permits under the Iron and Steel (Control) Order, 1956 on the representation that he wanted to purchase iron goods for the purpose of building a temple and a dharamshala.
The permits were obtained from the authorities of District Deoria in U.P.
At the back of the permit a condition was printed t... |
vil Appeal No. 998 of 1963.
Appeal from the judgment and decree dated January 12, 1962 of the Madras High Court in Appeal Suit No. 292 of 1958.
A.V. Viswanatha Sastri, V.S. Ramaswami lyengar and R. Thiagarajan, for the appellants.
S.V. Gupte, Solicitor General, and R. Ganapathy lyer, for the respondent.
The Judgment of... | Two co widows divided their husband 's property and each entered into separate possession of her share.
on the death of one of the widows her daughter the respondent took possession of her mother 's share.
The appellant the surviving widow filed a suit against the respondent claiming possession of that share.
The Trial... |
Appeal No. 130 of 1964.
Appeal from the judgment and order dated November 21, 1958 of the Bombay High Court in Appeal No. 31 of 1958.
D. N. Mukherjee, for the appellants.
G. section Pathak, section N. Andley and Rameshwar Nath, for respon dent No. 1 The Judgment of the Court was delivered by Bachawat, J.
Maharaja Sir R... | Under Order 30 of the Code of Civil Procedure the respondent No. 1 a firm sued another firm of which the appellants and a Ruler of a former Indian State were partners.
The consent of the Central Government to the institution of the suit under section 87 B of the Code of Civil Procedure was not obtained.
The firm admitt... |
Appeals Nos./55 157 1964.
Appeals by special leave from the judgment and order dated August 8, 1961 of the Andhra Pradesh High Court in Case Referred No. 25 of 1957.
section V. Gupte, Solicitor General, N. D. Karkhanis and R.N. Sachthey, for the appellant (in all the appeals).
G.S. Pathak, B. Datta and T. Satyanarayan,... | The respondent bank had income from banking business and interest on securities.
For the assessment year 1949 50 its loss from banking business was set off against the income from interest on securities but for the succeeding three years the income tax officer set off the said loss which had been carried forward, only ... |
vil Appeals Nos. 676 and 677 of 1962.
Appeals by special leave from the judgment and order dated February 2,7.
1960 of the Life Insurance Tribunal, Nagpur in Case No. 30 / XII of 1959.
O.P. Malhotra, Hamendra K. Shah, .1.
B. Dadachanji, O.C. Mathur and Ravinder Narain, for the appellants (in C.A. No. 767/ 62).
H.M. Tha... | Indian section 10 Transfer of Funds from Life Insurance Fund to General Department of composite insurer Permissibility.
The appellants were directors of an insurance company which was a composite insurer i.e. one carrying on other classes of life insurance business besides life insurance.
Under section 10(1) of the Ind... |
Appeals Nos. 213 and 214 of 64.
Appeals from the judgment and order dated April 4, 1961, of the Madras High Court in Case Referred No. 130 of 1956.
Niren De,Additional Solicitor General R. Ganapathy Iyer and R.N. Sachthey, for the appellants (in both the appeals.
A. V. Vishwanatha Sastri, M.M. Ismail and R. Gopalakrish... | A scheme was settled in 1955 by the Madras High Court for the management of the income and properties of the Durgah consecrated to a saint in Tanjore District.
Under the scheme the management of the properties of the Durgah was to be in the hands of eight trustees called Nattamaigars one of whom was to be elected by th... |
ivil Appeal No. 3175 of 1986.
From the Judgment and Order dated 17.8.1985 of the Rajasthan High Court in D.B.S.A. No. 161 of 1985.
Satish Chandra and A.V. Rangam for the Appellants.
V.M. Tarkunde and section K. Jain for the Respondent.
The Judgment of the Court was delivered by PG NO 1028 JAGANNATHA SHETTY, J.
By obtai... | Regulation 19(1) of the State Bank of Bikaner & Jaipur (Officers ') Service Regulations 1979 requires the officers to retire from the service of the Bank on attaining the age of fifty eight years or on completion of thirty years of service whichever occurs first.
A note added below that regulation states that the exist... |
il Appeal No. 329 of 1962.
Appeal from the judgment and decree dated September 26. 1957 of the High Court in Appeal from Original Decree No. 253 of 1949.
656 Sarjoo Prasad and R.C. Prasad, for the appellants.
A.V. Viswanatha Sastri and D. Goburdhun.
for respondents nos.
1 to 4 and 6.
The Judgment of the Court was deliv... | There was dispute about the property in suit between theappellants and the respondents.
The property was attached by the Magistrate under section 145 of the Criminal Procedure Code.
Subsequently the appellants filed a suit for declaration of their title to the property but made no prayer for the cansequential relief of... |
minal Appeal No. 118 of 1964.
Appeal from the judgment and order dated March 2, 1964 of the Allahabad High Court in Criminal Appeal No. 2531 of 1963 referred No. 160 of 1963.
K. L. Sharma and Harbans Singh for the appellant.
O. P Rana, for the respondent.
LS5SCI 19(a) 266 The Judgment Of SARKAR, C.J. and MUDHOLKAR, J. ... | The appellant was convicted for under under section 302 Indian Penal Code.
The prosecution relied on amongst other materials, a letter.
The letter contained a confession and was addressed to the Sub Inspector.
The appellant wrote the letter with the intention that it should be received by the Sub Inspector, kept it nea... |
Appeal No. 180 of 1963.
Appeal by special leave from the judgment and decree dated February 19, 1958 of the Patna High Court in Appeal from Appellate Decree No. 919 of 1954.
Sarjoo Prasad and B. P. tha, for the appellants, 159 A. V. Viswanatha Sastri, B. K. P. Sinha and A. G. Ratna parkhi, for the respondent.
The Judgm... | The ancestors of the appellants created usufructuary mortgages in favour of the respondent.
The mortgaged property was a part of a larger holding.
The mortgagee respondent had agreed to pay a portion of the rent of the entire holding and the mortgagors agreed to pay The balance rent payable in respect of it.
The mortga... |
Appeal No. 276 of 1956.
Appeal from the judgment and decree dated October 15, 1954, of the Allahabad High Court in Execution First Appeal No. 224 of 1951.
section P. Sinha and Tiryugi Narain for the appellants.
G. C. Mathur, for respondent No. 1. 1961.
February 20.
The Judgment of the Court was delivered by DAS GUPTA, ... | A decree dated September 2, 1938, in a suit for partition of joint Hindu family property awarded a house to the share of one J and his four minor sons.
J failed to execute the decree.
On November 23, 1949, an application was made by the appellants, the four sons of J, for execution of the decree stating that three of t... |
iminal Appeal No. 26 of 1965.
Appeal by special leave from the judgment and order dated August 10, 1964 of the Patna High Court in Criminal Appeal No. 66 of 1962.
R.K. Garg, section C. Agarwala and D. P. Singh, for the appel lants.
D. Goburdhun, for the respondent.
The Judgment of the Court was delivered by Hidayatulla... | The appellants were tried on a complaint by the respondent before an Honorary Magistrate for offences under sections 420, 468, 406 and 465/471 Indian Penal Code and acquitted.
The Magistrate rejected the complainant 's request to frame a charge under section 467 Indian Penal Code, and commmit the accused to the Court o... |
Appeal No. 890 of 1964.
Appeal by special leave from the order dated February 19, 1963 of the Foreign Exchange Regulation Appellate Board, New Delhi, in Appeal No. 52 of 1959.
A. V. Viswanatha Sastri and J. P. Goyal, for the appellant.
Bishan Narain, R. N. Sachthey and B. R. G. K. Achar, for the respondents.
652 The Ju... | The appellant visited Far Eastern countries during the years 1951 to 1956 after obtaining from the Government of India the necessary foreign exchange for the purpose of meeting his expenditure during his tour.
He deposited the unspent part of the foreign exchange in different branches of the Chartered Bank in those cou... |
Appeal No. 583 of 1962.
Appeal by special leave from the judgment and order, dated November 23, 1959, of the Allahabad High Court in Special Appeal No. 524 of 1958.
section V. Gupte, Solicitor General, Guru Dayal Srivastava and T. Satyanarayana, for the, appellant.
B. R. L. Iyengar and A. G. Ratnaparkhi, for respondent... | The appellant Board passed a special resolution on September 28, 1956, imposing water tax in Hapur and a notification by the Uttar Pradesh Government was published in the Uttar Pradesh Gazette under section 135(2) of the U.P. Municipalities Act (2 of 1916) notifying the resolution.
Fifteen house owners of Hapur who rec... |
Appeal No. 729 of 1964.
Appeal by special leave from the order dated February 1964 of the Rajasthan High Court in D.B. Civil Appeal No. 2 of 1963.
O. P. Varma, for the appellants.
Mohan Behari Lal, for the respondent.
The Judgment of the Court was delivered by Gajendradkar, C.J.
This appeal by special leave arises from... | The respondent 's application under section 25 of the Guardians and Wards Act for the custody of respondent 's daughter was rejected by the Civil Judge.
When the decision was reversed in appeal by a single Judge of the Rajasthan High Court, the appellants preferred an appeal to the Division Bench under cl. 18 of the Ra... |
vil Appeals Nos. 89 93 of 1964.
Appeals by special leave from the judgment and orders dated August 30, 1961 and June 13, 1961 in Special Civil Application Nos. 440, 441,509, 510 and 7 of 1961.
K.S. Chawla and R.S. Sachthey, for the appellant (in C. As.
89/91 of 1964).
79 C.K. Daphtary, Attorney General, K.S. Chawla and... | The respondent who had a "verified claim" applied for compensation under the .
He alleged that he was a co sharer along with his brothers in agricultural property in West Pakistan and claimed his share of the compensation.
The Assistant Settlement Officer held that the alleged co sharers were members of a joint Hindu f... |
Civil Appeal No. 535 of 1964.
Appeal by special leave from the judgment and order dated July 25, 1961 of the Allahabad High Court in Sales Tax Reference No. 460 of 1954.
A. V. Viswanatha Sastri and K. K. Jain for appellant.
C. B. Agarwala and 0.
P. Rana, for respondent.
The Judgment of the Court was delivered by Sikri,... | For the assessment years 1948 49, 1949 50 and 1950 51, the appellant was assessed on the basis of returns filed for the turnover of each relevant previous year.
For the assessment year 1951 52, the appellant, purporting to make an election under r. 39(1) of the U.P. Sales Tax Rules, filed returns of his turnover of the... |
DICTION: Civil Appeal Nos.
3797 3798 of 84 and 3926 of 1986.
From the Judgment and Order dated 2.12.1983 of the Allahabad High Court in Writ Petition Nos. 2451 and 2155 of 1983.
Anil Dev Singh, G.L.Sanghi, M.K. Ramamurthi, Mrs. S.Dikshit, S.K. Mehta, M.K. Dua, Aman Vachhar and S.C. Birla for the Appellants/Petitioners.... | The U.P. Public Service Commission made an advertisement in various newspapers inviting applications for the post of Food & Drug Controller, U.P. The requisite qualification for the said post were specified in the advertisement as: (l) a degree from any recognised University in Medicine/Science/Pharmaceutical Chemistry... |
minal Appeal No. 177 of 1963.
Appeal from the judgment and order dated May 14, 1963 of the Calcutta High Court in Criminal Appeal No. 380 of 1962.
section C. Das Gupta and Sukumar Ghose, for appellants.
C. K. Daphtary, Attorney General, A. N. Sinha and P. K. Mukherjee, for the respondent.
The Judgment of MUDHOLKAR and ... | Samples of a certain brand of tinned condensed milk were taken from the appellants ' shop by the Food Inspector.
The Public Analyst found the fat content of the condensed milk below standard.
When prosecuted under section 16(1) (a) (i) of the the appellants took a plea based on section 19(2) of the Act and claimed that... |
Appeal No. 77 of 1957.
Appeal from the judgment and decree dated the August 6, 1954, of the Calcutta High Court in Appeal from Original Decree No. 73 of 1952.
M. C. Setalvad, Attorney General for India, W. section Barlingay and A. 0.
Ratnaparkhi, for the appellant.
A.V. Viswanatha Sastri and P. K. Chatterjee, for respo... | In a mortgage suit brought by him, the respondent 1, the mortgagee, pleaded that limitation was saved by a letter written to him by the mortgagor, the respondent 2, which amounted to acknowledgment under section 19 of the Indian Limitation Act.
There was a prior mortgage and before writing the letter in question the mo... |
vil Appeal No. 160 of 1950.
Appeal against the judgment and Decree dated the 30th March, 1951, of the High Court of judicature at Bombay (Chagla C. J. and Tendolkar J.) in Income Tax Reference No. 34 of 1950.
C. K. Daphtary, Solicitor General for India, (Porus A. Mehta, with him) for the appellant.
R. J. Kolah for the ... | A Hindu undivided family was carrying on business in Bombay, Madras and the Mysore, being treated as a single assessee and its relevant accounting period was 10th October, 1941, to 8th November, 1942.
During this period, the Mysore branch purchased goods from the Bombay head office and the Madras branch of the value of... |
Appeal No. 975 of 1964.
Appeal by special leave from the judgment and order December 12, 1962, of the Mysore High Court in W.P. No. 531 of 1961.
Bishan Narain, Naunit Lal and B.R.G.K. Achar, for the appellant.
section K. Venkataranga Iyengar and R. Gopalakrishnan, for the respondent.
The judgment of the Court was deliv... | The respondent was employed in the Southern Railway as Train Examiner in the scale of Rs. 100 5 125 6 185.
He was promoted to officiate in the next higher scale of Rs. 150 225.
Subsequently he was reverted to the lower scale, and his departmental representations and appeals having failed, he filed a writ petition under... |
Appeal No. 236 of 1965.
Appeal from the judgment and order dated August 30, 1961.
of the Bombay High Court in Income tax Reference No. 12 of 1959.
A. V. Viswanatha Sastri, N. D. Karkhanis, R. H. Dhebar and R. N. Sachthey, for the appellant.
N. A Palkivala, T. A. Ramachandran, J. B. Dadachanji, O. C. Mathur and Ravinder... | The assessee was a limited company with its registered office at Bombay.
Its main business was the manufacture of locomotive boilers and locomotives, and for that purpose the assessee had to make purchases of plant and machinery, in various countries including the U.S.A. The assessee appointed M/s. Tata Inc., New York,... |
minal Appeal No. 214 of 1963.
Appeal by special leave from the judgment and order dated September 18, 1963 of the Patna High Court in Criminal Appeal No. 368 of 1961.
644 Nur ud din Ahmed and D. Goburdhun, for the appellants.
The respondent did not appear.
The Judgment of the Court was delivered by Ramaswami, J.
This a... | The trial court acquitted L, one of the appellants of the charge under section 302 I.P.C. but convicted him and the other appellants under section 149 I.P.C. and sections 302/149 I.P.C.
The State Government did not prefer an appeal to the High Court against the acquittal of L under section 302 but on appeo preferred by... |
Appeal No. 424 of 1960.
Appeal from the judgment and order dated March 25, 1958, of the Madras High Court in case Referred No. 62 of 1957.
A.V. Viswanatha Sastri, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
252 H. N. Sanyal, Additional Solicitor General of India, K. N. Rajagopala Sastri and D. ... | A partnership consisting of four persons was formed on March 31, 1949, which was to come to an end on March 31, 1954.
On July 27, 1951, a fifth partner was taken into the partnership.
On March 29, 1954, a new partnership was entered into taking in a sixth partner will) contributed Rs. 40,000 as his share to the capital... |
Appeal No. 102 of 1964.
Appeal by special leave from the judgment and order dated July 30, 1962 of the Punjab High Court (Circuit Bench) at Delhi in Civil Writ No. 402 D of 1962.
D. Goburdhan for the appellants.
section G. Patwardhan and B. R. G. K. Achar for the respondents.
The Judgment of the Court was delivered by ... | The appellants were mortgagees of properties including a house on the basis of a mortgage bond executed in 1928.
The interest provided in the bond was 9 % per annum compoundable annually.
In 1937 the house above referred to was sold to B subject to the earlier mortgage.
In 1939 the appellants filed a suit against the o... |
Appeal No. 274 of 1964.
Appeal from the judgment and decree dated November 3, 1960 of the Madras High Court in C.C.C. Appeal No. 61 of 1957.
A. K. Sen, V. Bhagat and D. N. Gupta, for the appellant.
section T. Desai, Kesawlal and R. Ganapathy Iyer, for the respondent.
The Judgment of the Court was delivered by Subba Rao... | The respondent entered into two contracts with the B Company (sellers) of New York to purchase certain chemicals and in pursuance of the contracts placed three indents for the material in December 1950 and January 1951.
The indents specified that the materials were to be packed in new fibre drums.
The respondent therea... |
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