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Appeal No. 891 of 1963.
Appeal by special leave from the judgment and decree dated June 26, 1959 of the Assam High Court in Letter Patent Appeal No. 1 of 1959.
N. C. Chatterjee and D. N. Mukherjee, for the appellants.
Sarjoo Prasad and K. P. Gupta for respondents.
The Judgment of the Court was delivered by Shah, J.
Bis... | Certain structures for residential and business purposes were raised by a tenant of land in the term of Silchar in Assam.
The landlord secured a decree for ejectment against the tenant.
During the pendency of the appeal the Non Agricultural Urban Areas Tenancy Act, Assam Act 12 of 1955 was brought into force.
The tenan... |
ivil Appeal Nos. 727 and 962 74 of 1988 Appeal Under Section 35L(b) of the Central Excise and Salt Act, 1944 from the order dated 30.11.87 and 20.11.87 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. 2856, 1856, 1920 1931/87 A in order Nos. 775, 749 to 761/87.
Kuldeep Singh, Additio... | The Respondents, manufacturers of refrigerators, give one year warranty for the complete refrigerator and all parts thereof.
During this warranty period, they provide free repair and replacement for defects in material and workmanship under normal use and service.
They include the cost of this one year warranty in the ... |
No. 47 of 1966.
Petition.under article 32 of the Constitution of India for the enforcemont of fundamental rights.
The petitioner appeared in person.
210 Niren De, Additional Solicitor General, N. section Bindra, R. H. Dhebar and B.R.G.K. Achar, for the respondent.
R. V. section Matti, for the intervener.
The Judgment o... | The petitioner, the editor of a newspaper, was detained under r. 30(1)(b) of the Defence of India Rules, 1962.
He filed a petition under article 32 of the Constitution for a writ of habeas corpus challenging the legality of the detention order on various grounds.
Dismissing the petition, HELD:Rule 30 (1) (b) cannot be ... |
iminal Appeal No. 113 of 1965.
Appeal from the judgment and order dated October 26, 1964 of the Allahabad High Court in Criminal Revision No. 803 of 1963.
J. P. Goyal, for the appellants.
O. P. Rana and Atiqur Rehman, for respondent No.1.
section K. Mehta and K. L. Mehta, for respondent No., 2.
B. R. L. lyengar and B. ... | Under section 146(1) Criminal Procedure Code, a Magistrate referred to a Civil Court of competent jurisdiction the question as to which of the parties was, at the relevant point of time, in possession of the subject matter of dispute in a proceeding under section 145 Cr.
Under section 24, Civil Procedure Code, the Dist... |
iminal Appeal No. 69 of 1966.
Appeal by special leave from the judgment and order dated December 9, 1965 of the Madras High Court in Criminal Revision Case No. 1261 of 1964 and Criminal Revision Petition No. 1235 of 1964.
R. Thiagarajan, for the appellants.
Purshottam Trikamdas and T. V. R. Tatachari, for the responden... | At a trial, the appellants gave evidence against the respondent.
After the Conclusion of the trial the respondent filed a petition in the court of the Magistrate under section 476(1) Criminal Procedure Code, praying for the prosecution of the appellants for giving false evidence under section 193 Indian Penal Code, and... |
Appeals Nos. 19 & 20 of 1963.
Appeals from the judgment and decree dated July 31, 1959 of the Patna High Court in Appeals from Original Decree Nos. 30 and 40 of 1953 respectively.
section T. Desai and R. C. Prasad for appellant.
Sarjoo Prasad and D. Goburdhan, for the respondents Nos.1 to 4 [In C. A. No. 19 of 1963].
S... | The plaintiff tendered in evidence a plaint in an earlier suit and relied on an admission made by the defendants with regard to a fact in issue in the later suit.
The High Court ruled that the plaint was not admissible in evidence on two grounds, viz., (i) the plaintiff could not rely on a state ment in the plaint as a... |
Appeal No. 469 of 1966.
Appeal by special leave from the judgment and decree dated November 25, 1965 of the Bombay High Court in Civil Revision Application No. 1579 of 1962.
section G. Patwardhan and M. V. Goswami, for the appellant S.T. Desai and K. L. Hathi, for respondent No.1 The Judgment of the Court was delivered... | The tenant of a flat was in arrears of rent for more than six months.
The landlord served a notice on the tenant demanding the rent.
The tenant did not pay it within one month of the notice, but tendered it after the expiry of the month.
The landlord refused to receive it and filed a suit for eviction under section 12(... |
Appeal No. 556 of 1964.
Appeal from the judgment and order dated March, 24, 1961 of the Assam and Nagaland High Court in M. A. (F) No. 29 of 1956.
B. Sen and D. N. Mukherjee for the appellant.
section G. Patwardhan and R. N. Sachthey, for the respondent.
The Judgment of the Court was delivered by Wanchoo, J.
This is an... | The appellant, who was the decree holder, applied for the execution of the decree.
The Sub Divisional Officer, Military Engineering Service, was in possession of some movable property of the judgment debtor.
The Court ordered attachment under 0.
XXI, r. 46(1), Civil Procedure Code by prohibiting the Sub divisional Offi... |
Appeal No. 733 of 1964.
Appeal by special leave from the judgment and decree dated August 1,1960 of the Assam and Nagaland High Court in F.A. No. 33 of 1955.
Naunit Lal, for the appellants.
R. Gopalakrishnan, for the respondents.
The Judgment of the Court was delivered by Wanchoo, J.
This is an appeal by special leave ... | The appellants through their karta had an open mutual and current account with the respondent bank.
They borrowed from the bank and also paid monies into it.
On March 1, 1947 a sum of Rs. 15,956/7 was due to the bankfrom the appellants.
In order to pay off that amount a mortgage deedwas executed by the appellants in fa... |
Appeal No. 1109 of 1966.
Appeal by special leave from the judgment and order dated December 17, 1964 of the Punjab High Court (Circuit Bench) at Delhi in Civil Revision No. 159 D of 1963.
M. C. Setalvad, Veda Vyasa and K. K. Jain.
for the appellants.
section G. Patwardhan, K. L. Hathi and R. H. Dhebar, for the responde... | The appellant entered into a contract with the, Union of India for the construction of certain railway bridges.
On disputes arising the matter went to arbitration and then to an umpire.
After the umpire had made his award the appellant filed an application under section 14 of the Indian , praying that the umpire be dir... |
Appeal No. 891 of 1964 Appeal by special leave from the judgment and decree dated October 30, 1961 of the Allahabad High Court in Letters Patent Appeal No. 83 of 1951.
N. C. Chatterjee, B. C. Mishra, B. R. G. K. Achar and M. V Goswami, for the appellant.
Chaman Lal Pandhi and section L. Pandhi, for the respondents.
The... | The appellant firm was appointed sole selling agent of a sugar manufacturing company and deposited Rs. 50,000 as security for due performance of the contract; this amount was to carry interest at 6 per cent per annum.
There was no restriction on the use of the said deposit by the, company.
According to cl.
(9) of the a... |
Appeal No. 225 of 1965.
Appeal by special leave from the judgment and order dated September 6, 1962 of the Madhya Pradesh High Court in Misc.
Civil Case No. 108 of 1958.
I.N. Shroff, for the appellant.
S.T. Desai, section N. Andley, Rameshwar Nath, P. L. Vohra, and Mahinder Narain, for the respondent.
225 The Judgment ... | The assessee was the managing agent of a Textile Mill in Uj jain.
In 1944, the Gwalior State promulgated the Gwalior War Profits Tax Ordinance.
In 1946, by the Gwalior War Profits Tax (Amendment) Ordinance, an Explanation was added after r. 3(2) of the First Schedule to the Ordinance of 1944.
In 1947, another Amendment... |
ed Case No.7 of 1987 In Transfer Petition No. 390 of 1986.
Dr. Y.S Chitale, T .U. Mehta and R.P. Kapur for the Petitioners N.N. Keshwani, R.N. Keshwani, Ms. Madhu Moolchandani and K. Rajendra Chodhary for the Respondents.
The Judgment of the Court was delivered by SEN, J.
The principal question in controversy in this p... | The Esso Eastern Inc., a Company Organised and existing under U. section Laws was engaged in the business of distributing and marketing petroleum products manufactured by Esso Standard Refining Co. of India Ltd. and Lube India Ltd. and had established places of business in India.
In order to provide residential accommo... |
Appeals Nos. 491 and 492 of 1965.
Appeals by special leave from the order , dated September 17, 1963 of the Bombay High Court Nagpur Bench in Letters Patent Appeals Nos. 14 and 15 of 1963, 93 section V. Gupte, Solicitor General and I. N. Shroff, for the appellant (in C.A. No. 491 of 1965).
A. G. Ratnaparkhi, for the ap... | The appellant company carried on the work of transforming And transmitting electrical energy.
There was dispute between the company and the respondent whether certain employees of the company like engineers, draughtsmen, clerks, accountants etc.
mentioned in Appendices III, IV and V of the company 's petition before th... |
Appeal No. 26 of 1966.
Appeal from the judgment and order dated October 28, 1964 of the Punjab High Court in I. T. Reference No. 28 of 1962.
section K. Mitra, Gopal Singh, section P. Nayyar and R. N. Sachthey,.
for the appellant.
Veda Vyasa and B. N. Kirpal, for the respondent.
The Judgment of the Court was delivered b... | The Revenue authorities did not allow depreciation on the cost of land alongwith the cost of building standing thereon.
The Appellate Tribunal accepted the assessee 's appeal and the High Court answered the question in favour of the assessee.
In appeal to this Court by the Revenue: HELD: The appeal must be allowed.
Bui... |
91 of 1956.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights.
section P. Sinha, Shaukat Hussain, E. Udayarathnam and section section Shukla, for the petitioners.
N. section Bindra, R. H. Dhebar and T. M. Sen, for the respondents Nos. 1 to 4. 1961.
March 22.
The Judgment of th... | A Muslim died leaving some property and several heirs.
Some of the heirs became evacuees and their 4/7th share in the property was declared under section 7 of the , to be evacuee property.
There after, proceedings were taken for the separation of the interest of the evacuees, but as none of the claimants appeared, the ... |
: Writ Petition No. 153 of 1966.
(Under Article 32 of the Constitution of India for enforcement of the Fundamental Rights) And Writ Petition No. 202 of 1966.
(Under Article 32 of the Constitution of India for enforce ment of the Fundamental Rights) And Writ Petition No. 205 of 1966.
(Under Article 32 of the Constitutio... | The validity of the Punjab Security of Land Tenures Act, 1953 (Act 10 of 1953) and of the Mysore Land Reforms Act (Act 10 of 1962) as amended by Act 14 of 1965 was challenged by the petitioners under article 32 of the Constitution.
Since these Acts were included in the 9th Schedule to the Constitution by the Constituti... |
Appeals Nos. 130 and 131 of 1951.
Appeals from.
the Judgment and Decrees, dated the 12th August, 1948, of the High Court of Judicature at Calcutta in Appeals from Original Decrees Nos.
214 of 1942 and 231 of 1943 arising from the Decrees, dated the 16th June, 1942, of the Court of the Subordinate Judge, Burdwan, in Mon... | Held, that in a proceeding under section 36 of the Bengal Money Lenders Act, 1940, it is not competent to the court to go behind the decree and embark on an enquiry as to whether the decree holders on record were in fact benamidars for another person.
Scope of section 36 of the Act discussed.
Renula vs Manmatha (72 I.A... |
Appeal No. 1230 of 1966.
Appeal by special leave from the judgment and order dated August 27, 1962 of the Bombay High Court in Income tax Re ference No. 18 of 1961.
section T. Desai, M. N. Shroff for 1.
N. Shroff, for the appellant.
R. M. Hazarnavis, Gopal Singh, section P. Nayyar for R. N. Sachthey, for the respondent... | The appellant, who was carrying on the business of financing film producers and distributors, had advanced a sum of Rs. 1,00,000 to a firm of film distributors.
Clause 3 of the agreement between the parties provided that the appellant was not entitled to any interest but that he was to share with the distributors their... |
Appeal No. 1420 of 1966.
129 Appeal by special leave from the judgment and order dated October 21, 1965 of the Mysore High Court in Writ Petition No. 2173 of 1964.
section T. Desai, B. R. L. Iyenger and B. R. G. K. Achar, for the appellant.
R. B. Datar, Anil Kumar Sablok and B. P. Singh, for the respondent.
The Judgmen... | The respondent joined Class III service of the Mysore Government in 1958 as a local candidate.
According to the Mysore Civil Service Rules, 1958 a local candidate meant a temporary Government servant not appointed regularly in accordance with the rules of recruitment to that service.
On September 22, 1961 the Mysore Go... |
Appeals Nos.
2596 and 2597 of 1966.
Appeals by special leave from the Orders dated May 2, 1966 and June 22, 1966 of the Government of India, Ministry of Mines and Metals, New Delhi on application is filed by the appellant under Rule 54 of the Mineral Concession Rules, 1960.
section J. Sorabji, A. J. Rana, J. R. Gagrat ... | The appellant was one of several applicants for a mining lease in Andhra Pradesh.
The State Government however granted it to 'respondent No. 3.
The appellant then filed an application in revision, under section 30 of the Mines & Minerals (Regulation and Development) Act, 1957, read with r. 54, to the Union of India.
Re... |
Appeal No. 604 of 1966.
Appeal by special leave from the judgment and order dated August 5, 1964 of the Madras High Court in Tax Case No. 131 of 1963 (Revision No. 87).
G. Ramanujam and A. V. Rangam, for the appellant.
K. Srinivasan and R. Gopalakrishnan, for the respondent.
The Judgment of the Court was delivered by S... | The assessee firm was a 'dealer ' in Madras State.
For the year 1959 60 the firm was taxed at 7% on certain sales effected to registered dealers in the Punjab on the ground that the declarations taken from dealers in Punjab in Form 'C ' were not in accordance with r. 10(1) of the Central Sales Tax (Madras) Rules, 1957.... |
Appeal No. 51 of 1964.
Appeal by special leave from the judgment and decree dated January 3, 1962 of the Punjab High Court in Regular Second Appeal No. 1958 of 1959.
Bishan Narain and Sadhu Singh, for the appellant.
J. P. Goyal and Raghunath Singh, for respondents Nos. 1 (a) to 1 (d).
The Judgment of the Court was deli... | A Hindu widow in the Punjab came into possession of her husband 's land on his death in 1917.
She continued in possession till 1954 when on an application made by certain collaterals of her late husband the Naib Tehsildar effected a mutation in favour of the collaterals.
On the basis of the Naib Tehsildar 's order the ... |
vil Appeal No. 1 of 1986 From the Judgment and Order dated 7.2.1986 of the Bombay High Court in W. P. No. 4802 of 1984 D.R. Thadani and Shri Narain for the Appellants.
N.N. Keshwani, R.N. Keshwani and Girish Chandra for the Respondents.
The Judgment of the Court was delivered by B.C. RAY, J.
The Maitrai Park Co operati... | Mohini R. Adwani, a member of the Maitrai Co operative Housing Society Ltd., was allotted flat No.15 in Societies 'F ' building in Scheme No. I at Chambur Bombay 71.
She inducted the appellant in the premises aforesaid without obtaining the prior written consent of the society, on the basis of a leave & licence agreeme... |
Appeal No. 852 of 1964.
Appeal by special leave from the judgment and decree dated August 24, 1962 of the Punjab High Court in Regular Second Appeal No. 843 of 1956.
Bishan Narain and A. G. Ratnaparkhi, for the appellant.
K. C. Nayyar and Mohana Behar Lal, for respondent No. 1.
790 The Judgment of the Court was deliver... | S married A after the latter had been divorced by her husband T.
The parties were Jats of Jullundur District in the Punjab.
After the death of S a collateral of his got the lands of S mutated in his favour.
A then filed a suit claiming the land as widow of section Her marriage to S was challenged on the ground that the... |
Appeal No. 185 of 1966.
Appeal by special leave from the judgment and order dated March 20, 1962 of the Mysore High Court in Writ Petition No. 109 of 1960.
A.K. Sen, R. Ganapathy Iyer and R. Gopalakrishnan, for the appellants.
D.Narsaraju, T. A. Ramachandran and R. N. Sachthey, for the respondent.
The Judgment of the C... | The District of Bellary originally belonged to the Part 'A ' State of Madras in British India.
On October 1. 1953 it merged in the Part 'B ' '.State of Mysore.
The Excess Profits Act, 1940 applied only to British India.
When Bellary District went to the Part 'B ' State of Mysore the Act ceased to apply to it.
After the... |
Appeal No. 462 of 1957.
Appeal by special leave from the judgment and decree dated April 18,1952, of the former Nagpur High Court in First Appeal No. 88 of 1942.
C.B. Agarwala and K. P. Gupta, for the appellant No. 1.
Har Dayal Hardy and N. N. Keswani, for respondent No. 1. 1961.
March 16.
The Judgment of the Court was... | A Sudra Hindu died leaving two widows and an illegitimate son by a continuously and exclusively kept concubine.
The son succeeded to a moiety of the estate and the widows succeeded to the other moiety.
The widows died without leaving any daughter or daughter 's son.
The reversioners filed a suit for recovery of possess... |
l Appeals No. 1005 of 1964.
Appeal by special leave from the judgment and order dated July 12, 1962 of the Bombay High Court, Nagpur Bench in appeal No. 16 of 1960 under the Letters Patent.
A. section Bobde, G. L. Sanghi, and O. C. Mathur, for the appellant.
N. C. Chatterjee and M. section Gupte, for respondents Nos. 1... | The respondents were members of a Cooperative housing society and 'had created a mortgage on their property in favour of the society.
As an amount due under the mortgage was not paid, the matter was referred to the Registrar of Cooperative Societies and he made an order on May 1, 1957 directing the respondent to pay th... |
Appeal Nos.
474 477 966.
Appeals by special leave from the judgment and order dated September 5, 1963 of the Gujarat High Court in Income tax Reference No. 19 of 1962.
S.T. Desai, A. N. Kirpal, R.N. Sachthey and S.P. Nayyar for the appellant (in all the appeals).
R.J. Kolah, M.L. Bhakta and O.C. Mathur, for the respond... | J executed a trust deed whereby he created a charitable trust.
The 4iced was registered with the Charity Commissioner under the Bombay Public Trust Act, 1950.
For the year 1958 59 the Income tax Officer held that since the settlor had reserved to himself wide powers for own benefit and had also utilised those powers to... |
il Appeals Nos.
83 85 of .1965.
Appeals by special leave from the judgment and decree dated February 9, 1962 of the Andhra Pradesh: High Court in Tr.
Appeal No. 558 of 1957 and A. section Nos. 89 and 157 of 1957 respectively.
P. Ram Reddy, A. V. V. Nair, B. Parthasarathy, and 0.
C. Mathur, for the appellant (in all the... | V the karta of a joint Hindu family, transferred in 1946 certain properties, of the joint family to the appellant, who was his concubines since 1945.
The joint family disrupted in 1947, and after V 's death, the respondents his widow and sons, filed a suit against the appellant for recovery of possession of the propert... |
Appeal No. 143 of 1952.
Appeal under article 132(1) of the Constitution of India from the Judgment and Order, dated the 997 11th December, 195 1, of the High Court of Judicature, Rajasthan at Jodhpur in D. B. Civil Miscellaneous Case No. 1 of 1951.
M. C. Setalvad, Attorney Genaral for India and K. section Hajela, Advoc... | Hold, that section 8 A inserted in Rajasthan Ordinance XXVII of 1948 by section 4 of Rajasthan Ordinance X of, 1949 and as amended by section 3 of Rajasthan Ordinance XV of 1949 is void under article 14 of the Constitution.
Frank J. Bowman vs Edward A. Lewis ; ; 25 Law.
Ed. 989), Ramjilal vs Income Tax Officer, Mohinda... |
Appeal No. 2399 of 1966.
Appeal from the judgment aid decree dated June 16, 1964 of the Mysore High Court in Regular Appeal No. 229 of 1958.
Sarjoo Prasad, O. P. Malhotra, and 0.
C. Mathur, for the appellants.
A. K. Sen, B. P. Singh and R. B. Datar, for the respondent.
126 The Judgment of BACHAWAT and BHARGAVA, JJ. was... | Clause (a) of sub section
(1) of s 8 of the Hindu Law Women 's Rights Act 1933, provided that at a partition of joint family property between a person and his son or sons, those entitled to share with them would be his mother his unmarried daughters, and the widows and unmarried daughters of his predeceased undivided s... |
Appeal No. 548 of 1967.
Appeal by special leave from the award dated October 5, 1966 ,of the Industrial Tribunal, Alleppey in Industrial Dispute No. 9 ,of 1965.
H. R. Gokhale and D. N. Gupta, for the appellant.
M. K. Ramamurthi, Shyamala Pappu, Vineet Kumar and R. Nagaratnam, for the respondents.
The Judgment of the Co... | Section 17(1) of the , makes it obligatory on the appropriate Government to publish the award received by it from the Industrial Tribunal; but, the provision in the section as to time, that the Government shall publish it within a period of thirty days from the date of its receipt, is merely directory and not mandatory... |
Appeal No. 787 of 1964.
Appeal from the judgment and decree dated January 5, 1961 of the Calcutta High Court in Appeal from Appellate Decree No. 1012 of 1955.
A.K. Sen and D. N. Mukherjee, for the appellant.
Sukumar Ghose, for respondent No. 1.
The Judgment of WANCHOO, C. J. and MITTER, J. was delivered by MITTER, J. B... | In June 1948 the appellant instituted a suit against the first respondent and others for their ejectment from the property in suit, On February 28, 1949 the Calcutta Thika Tenancy Act came into force.
The first respondent was not a thika tenant within the definition therefore of given in the Act.
The suit was decreed b... |
ition (Crl.) No. 648 of 1987 etc.
(Under Article 32 of the Constitution of India) D.S. Tewatia, Mukul Mudgal, Rakesh Khanna, P.K. Jain, R.P. Singh, C.V.S. Rao, Prem Malhotra, S.K. Sabharwal, Mahabir Singh, Mrs. Urmila Kapoor and N. Sudhakaran for the appearing parties.
The Judgment of the Court was delivered by RANGANA... | The petitioners who have been convicted for the offence punishable under section 302 of the Indian Penal Code and have been sentenced to life imprisonment, claim entitlement to the benefit of section 5 of the Act.
Dismissing the writ petitions, HELD: The Punjab Borstal Act, 1926 does not have application to an offence ... |
Appeal No. 21 of 1965.
Appeal by special leave from the judgment and decree dated March 15, 1961 of the Allahabad High Court in Second Appeal No. 2434 of 1960.
N.C. Chatterjee, E. C. Agarwala, Kartar Singh and P.C. Agarwala, for the appellants.
J. P. Goyal and B. P. Jha, for the respondents.
477 The Judgment of the Cou... | The first appellant, his brother H and his son the second appellant, constituted a Hindu Joint family and were governed by the Mitakshara law of the Benares School.
He died in 1952 leaving him surviving his widow.
On December 15, 1956, the widow sold a half share in a house and a shop belonging to the joint family to t... |
Appeals Nos.
1968 1970 of 1966.
Appeals by special leave from the judgment and order dated July 16, 1962 of the Madras High Court in Tax Cases Nos. 117,118 and 119 of 1959.
section B. Banerjee and section N. Mukerjee, for the appellant (in all the appeals).
K. M. Mudaliyar, Advocate General for the State of Madras and ... | At the instance of the steel controller exercising powers under the Iron and Steel (Control of Production and Distribution) Order, 1941, the appellant supplied certain steel products to various persons in Madras State during the financial years 1953 54, 1954 55 and part of the financial year 1955 56.
The State of Madra... |
Appeals Nos.
511 514 of 1966.
Appeals, by special leave from the judgments and orders dated August 9, 1961, July 20, 1964, of the Bombay High Court, Nagpur Bench in Misc.
Civil Applications Nos. 1118 of 1959.
192 of 1961.
1360 of 1959 and 193 of 1961 respectively.
H. R. Gokhale, M. R. Bhandare, P. C. Bharta, and O. C. ... | Under s.10(1) of the Central Provinces and Berar Sales Tax Act 1947 every dealer required so to do by the Commissioner by notice, and every registered dealer, shall furnish such returns by such dates and so such authority as may be prescribed, and r.19 of the Rules framed under the Act provides that every registered de... |
itions Nos. 53, 100, 101, 105 and 106 of 1967.
Petitions under article 32 of the Constitution of India for the enforcement of the fundamental rights.
M. C. Setalvad, A. V. Koteswara Rao, K. Rajendra Chaudhuri and K. R. Chaudhuri, for the petitioners (in W. P. No. 53 of 1967).
N. C. Chatterjee, A. V. Koteswara Rao, K. R... | Under the Andhra Pradesh (Regulation of Supply and Purchase) Act 1961 the occupier of a sugar factory had to buy sugarcane from canegrowers in conformity with the directions of the Cane Commissioner.
Under section 21 of the Act the State Government had power by notification to tax purchases of sugarcane for use, consum... |
Appeal No. 136 of 1965.
Appeal from the judgment and decree dated March 4, 1960 of the Calcutta High Court in Appeal from Appellate Decree No. 1021 of 1957.
S.V. Gupte, and D.N. Mukherjee, for the appellants.
B.K. Bhattacharya, M.K. Ghose and P.K. Ghose, for respondent No. 1.
P.C. Chatterjee, G.S. Chatterlee and P.K. B... | Under section 6 of the Land Acquisition Act, 1894, the State Government issued a declaration with respect to the land of the 1st respondent after considering the report under section 5A of the Act.
The declaration used the words 'as it appears to the Governor that the land is required to be taken for a.public purpose '... |
s Nos. 49, 60, 61 and 80 of 1967.
Writ Petitions under article 32 of the Constitution of India for the enforcement of fundamental rights.
K. Narayanaswamy and Lily Thomas, for the petitioner (in W.P. No. 49 of 1967).
Sadhu Singh, for the petitioner (in W.P. No. 60 of 1967).
S.K. Dholakia and Sadhu Singh, for the petiti... | Parliament enacted the Pondicherry Administration Act.
which provided that all laws in force immediately before August 19.
1962, when Pondicherry became a Union territory, were to continue to be in force until amended or repealed by a competent legislature or other competent authority.
The President, in exercise of the... |
Appeal No. 399 of 1957.
Appeal from the judgment and decree dated July 27, 1954 of the High Court of Judicature at Hyderabad in Civil Appeals Nos.
I and 2 of 1954 55.
619 section T. Desai, C. Krishna Reddi, T. Ramachandra Rao and M. section K. Sastri, for the appellants.
Sadashiv Rao, J. B. Dadachanji and section N. An... | Although title to a limited interest in property can be acquired by adverse possession, no limited interest in the nature of a permanent lease can be ordinarily acquired in a jagir which must initially be presumed to enure for the life time of the grantee unless the grant itself shows otherwise.
Sankaran vs Periasami, ... |
ivil Appeals No. 625630 of 1967.
Appeals by special leave from the judgment and order dated ' March 6, 1967 of the Orissa High Court in O.J.C. Nos.
495 and 496 of 1966, and 3, 4, 27 and 28 of 1967 respectively.
C.K. Daphtary, Attorney General, N.S. Bindra, G. Rath and R.N. Sachthey, for the appellant (in all the appeal... | The Orissa Superior Judicial Service consisted of 15 posts.
10 of which were District and Sessions Judges or Additional District and Sessions Judges; of the other five, one was Registrar of the High Court and four were officers of the State Government.
P, one of the District and Sessions Judges was posted as Superinten... |
ion No. 1 of 1967.
Election Petition under Presidential and Vice Presidential Elections Act, 1952.
R.V.S. Mani, for the petitioners.
M.C. Setalvad, J.M. Mukhi and A.S. Nambiar, for respondent No. 1.
E. Udayaratnam, for respondent No. 6.
Janardan Sharma, for respondent NO. 10.
O.P. Varma, for respondent No. 12.
C.C. Pat... | As a result of the Presidential election held in May, 1967, respondent No. 1 was declared elected.
The petitioners challenged the election on the following two grounds, namely (i) article 58(1)(c) required that a person to be eligible for election as President must be qualified for election as a member of the House of ... |
Appeals Nos. 356 and 357 of 1966.
Appeals by special leave from the Award of the Industrial Tribunal, Rajasthan in Case No. 9 of 1961.
Niren De, Addl.
Solicitor General, Sobhag Mal fain an( B. P. Maheshwari, for the appellant (in C. A. No. 356 of 1966 and respondent (in C. A. No. 357 of 1966).
782 M. K. Ramamurthi, Shy... | The workmen of the appellant company demanded bonus for the years 1956 57 to 1959 60.
The Tribunal disallowed the claim for 1956 57 on the ground that it was belated and allowed the demand for the rest of the years 1957 58 to 1959 60.
In working out the available surplus for distribution as bonus the Tribunal in genera... |
N: Criminal Appeal No. 379 of 1986.
From the Judgment and Order dated 13.7.1984 of the Punjab and Haryana High Court in Crl.
Appeal No. 82 D.B. of 1984.
R.L. Kohli and R.C. Kohli for the Appellant.
412 R.S. Suri for the Respondent.
The Judgment of the Court was delivered by JAGANNATHA SHETTY, J.
One may ask the questio... | % Bhupinder Singh, appellant, his father Sher Singh and his mother Mukhtiar Kaur, were tried for committing the murder of Bhupinder Singh 's wife, Gian Kaur, by administering poison.
The Trial Court held that the accused had strong motive for the murder as the deceased was unable to satisfy their demand for dowry for w... |
Special Leave Petition (Civil) No. 6577 of 1988.
From the Judgment and order dated 27.4.1988 of the High Court of Allahabad in C.M.W. No. 3777 of 1987.
G.L. Sanghi and Manoj Prasad for the Petitioner.
PG NO 278 The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
This application for leave to appeal under... | The petitioner in the Special Leave Petition is the tenant, Respondent No. 3 was one of the five co owners of the petition premises.
On January 28, 1978, one of the co owners who had sole possession of the shop vacated the shop and sent intimation of the vacancy to the Rent Controller under the U.P. Urban Buildings (Re... |
Appeals Nos. 165 and 166 01 1965.
Appeals from the judgment and decree dated May 7, 1960 of the Madras High Court in O.S.A. Nos. 25 and 52 of 1956.
S.V. Gupte, Naunit Lal and R. Thiagarajan, for the appellants (in both the appeals).
N.C. Chatterjee, section Balakrishnan for R. Ganapathy lyer, for the respondent (in bot... | On 13th November 1951, the respondent agreed to sell to the appellants a stock of 415 tons of newsprint in sheets then lying in the respondent 's godown.
On 26th November, the parties varied the contract by agreeing that the appellants would buy only 300 tons out of the.
stock of 415 tons.
After taking delivery of a pa... |
Appeals Nos.
581 to 584 of 1966.
Appeals by special leave from the judgment and order dated March 26.
1964 of the Calcutta High Court in Income tax Reference No. 6 of 1961.
K. Sen, Bishan Narain, R.K. Chaudhuri and B.P. Maheshwari, for the appellant (in all the appeals).
Niren De, Solicitor General, T.A. Ramachandran, ... | The principal activity of the assessee was investment of its capitals in shares and stocks.
It changed its investments by sale of its shares and stocks from time to time.
The assessee 's income was primarily derived from dividends on shares and interest derived by it on the investments.
The assessee purchased the share... |
minal Appeal No. 50 of 1965.
Appeal by special leave from the judgment and order dated February 15, 1965 of the Bombay High Court in Criminal Revi sion Application No. 917 of 1964.
A. section R. Chari, O. P. Malhotra, V. N. Ganpule, P. C. Bhartari, and O. C. Mathur, for the appellants.
M. section K. Sastri and section ... | The first appellant holding only a learner 's licence was driving a jeep without a trainer by his side and injured a person.
The first appellant and his companion in the journey the second appellant put the injured in the jeep for getting medical aid, but the injured died on the way.
They cremated the dead body.
The fi... |
ivil Appeal No. 34 of 1958.
Appeal by special leave from the order dated July 6, 1956, of the Calcutta High Court in appeal to the section C. No. 32 of 1955.
N. C. Chatterjee and D. N. Mukherjee, for the appellants.
Syamdas Bhattacharya and section N. Mukherjee, for the respondents.
March 29.
The Judgment of the Court ... | On an application made by the appellant, the Calcutta High Court granted a certificate on May 18, 1956, enabling him to appeal to the Supreme Court against the judgment and decree of the High Court.
Under 0. 45, r. 7(1)(a), of the Code of Civil Procedure, 1908, the appellant had to deposit the security amount for costs... |
minal Appeal No. 137 of 1967.
Appeal by special leave from the judgment and order dated May 9, 1967 of the Rajasthan High Court in section B. Criminal Appeal No. 254 of 1966.
Sobhag Mal Jain, for the appellants.
H. R. Khanna and R. N. Sachthey, for the respondent.
The Judgment of the Court was delivered by Vaidialingam... | The appellants along with two others were charged with having entered into a criminal conspiracy in pursuance of which postal orders and cheques in the course of transit by post were pilfered and after various alterations being made therein were encashed at post offices and banks.
The charges inter alia were under sect... |
Appeal No. 1249 of 1967.
Appeal from the judgment and decree dated July 21, 1967 of the Delhi High Court in Regular First Appeal No. 166 D of 1965.
A.K. Sen, Rameshwar Nath, P. L. Vohra and Mahinder Narain, for the appellant.
Bishan Narain, Radhey Mohan Lal and Harbans Singh, for the respondent.
The Judgment of the Cou... | The respondent landlord of a hotel filed a suit for eviction of his tenant appellant under section 13(1) proviso (b) and (c) of the Delhi and Ajmer Rent Control Act, 1952 on the allegation that the appellant had sub let several rooms.
These occupants were doing business, which were not confined to the residents of the ... |
Appeal No. 781 of 1964.
Appeal from the judgment and decree dated September 6, 1961 of the Punjab High Court in Regular Second Appeal No. 54 of 1960.
N. section Bindra, Kartar Singh Suri, Champat Rai and E. C. Agrawala, for the appellants.
section P. Sinha, section K. Mehta and K. L. Mehta, for respondents Nos. 1, 3, 5... | D, a Sidhu Jat of Muktsar Tahsil, Ferozepore District, Punjab was tile last male holder of certain land in that area.
He was succeeded by his widow after whose death, the land was mutated in favour of D 's collaterals in the 5th degree.
D 's daughter filed a suit for a declaration that she was the legal heir of .he lan... |
ivil Appeals Nos.
1148, 1656 and 2341 of 1966.
Appeals by special leave from the judgment and decree dated July 27, 1965 of the Punjab High Court in Letters Patent Appeals Nos.
13 to 15 of 1965.
Prem Chand Jain and Janardan Sharma, for the appellants (in all the appeals).
D.D. Sharma, for respondents Nos. 1 (iv to xiii... | By section 4 of the Amending Act (Punj.
Act 10 of 1960) section 15 of the Punjab Pre emption Act, 1913 was repealed and in its place was substituted a new provision which omitted to confer a right of pre emption in the case of persons 'owning land in the estate ' as the original section 15(c) 'thirdly ' had done.
Retro... |
iminal Appeal No.122 of 1965.
Appeal from the judgment and order dated December 1, 1964 of the Allahabad High Court in Government Appeal No.785 of 1963.
P. Rana, for the appellant.
J. P. Goyal and Sobhag Mal Jain, for the respondents.
The Judgment of the Court was delivered by Hegde, J.
In this appeal by certificate, t... | The appellant State filed an appeal in the High Court on March 29, 1963 against the order made by the trial court on November 10, 1962 acquitting the respondents.
According to the information contained in the copy of the order produced along with the Memorandum of Appeal, the appeal was filed within time.
It Showed tha... |
Appeal No. 124 of 1951.
Appeal by Special Leave granted by His Majesty in Council, dated the 30th October, 1945, from the Judgment and Decree, dated the 12th July, 1944, of the High Court of Judicature at Lahore in Civil Regular Second Appeal No. 450 of 1942, against the Judgment and Decree, dated the 14th January, 194... | Held, that under the Customary Law of Gurdaspur District (Punjab) applicable to the Gill Jats of village Gillanwali, the adoption of a collateral of the 8th decree is not invalid.
The answer to question 9 in Customary Law of the Gurdaspur District that "the adoption of near collateral only" should be recognised is not ... |
ivil Appeal No. 350 of 1977.
From the Judgment and Order dated 19.10.1976 of the Madhya Pradesh High Court in Second Appeal No. 385 of 1974.
S.N. Kacker and Shri Narain for the Appellants.
Harish N. Salve, Mrs. P.S. Shroff, S.S. Shroff and S.A. Shroff for the Respondents.
The Judgment of the Court was delivered by SHAR... | The husband of respondent No. l sought eviction of the appellants tenants.
The suit was decreed in his favour along with money decree for arrears of rent and damages.
During the pendency of the appeal the plaintiff died and his legal representatives were substituted as respondents.
Some of his children who were minor w... |
Appeal No. 1627 of 1967.
Appeal by special leave from the Award dated March 31, 1967 of the Industrial Tribunal, Andhra Pradesh in Industrial Dispute No. 55 of 1965.
H. R. Gokhale and D. N. Gupta, for the appellant.
M. K. Ramamurthi, Shyamala Pappu and Vineet Kumar, for the respondents.
The Judgment of the Court was de... | The appellant was a jute mill.
The Industrial Tribunal framed a gratuity scheme for its workers.
It was challenged by the appellant before this Court in an appeal under article 136 of the Constitution.
Two contentions were urged, namely : (i) that the wage board was unable to recommend a gratuity scheme for the jute in... |
iminal Appeal No.28 of 1965.
Appeal by special leave from the judgment and order dated December 14, 1964 of the Rajasthan High Court in section B. Criminal Appeal No. 656 of 1963.
K. R. Chaudhuri, for the appellants.
K. Baldev Mehta,for the respondent.
The Judgment of the Court was delivered by Hegde, J.
The two appell... | On the allegation that the appellant Havaldar and the second appellant a Subedar in the Rajasthan Armed Constabulary. were demanding certain amount from a person accusing him of indulging in blackmarketing and constantly visiting Pakistan and unless he paid the amount demanded he would be beaten and prosecuted, a polic... |
minal Appeal No. 175 of 1967.
Appeal by special leave from the judgment and order dated May 17, 1967 of the Allahabad High Court, Lucknow Bench in Criminal Appeal No. 72 of 1967 and Capital Sentence Reference No. 9 of 1967.
section P. Sinha.
and M. I. Khowaja, for the appellants.
G. N. Dikshit and O. P. Rana,, for the ... | The statements of eye witnesses to a murder were recorded under section 164, Criminal Procedure Code, and a certificate was appended to each of the statements to the effect, that the deponent was warned that he was making the statement before a Magistrate and that it might be used against him.
On the question as to the... |
No. 528, of 1959.
Appeal from the judgment and order dated September 20, 1957, of the former Bombay High Court in I.T.R. No. 15 of 1957.
Hardayal Hardy and D. Gupta, for the appellant.
R. J. Kolah, section N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the respondent.
635 1960.
November 24.
The Judgme... | A consent decree was passed against the assessee awarding maintenance to his wife and children.
The decree did not create any charge upon the income of the assessee.
The assessee claimed in the assessment of income tax deduction of the amount paid under the decree from his total income.
Held, that the assessee was not ... |
82 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
519 section K. Kapur, Jai Gopal Chagnani, K. K. Jain and B. P. Maheshwari, for the petitioners.
C. K. Daphtary, Solicitor General of India, G. C. Kasliwal, Advocate General, Rajasthan and D. Gupta, ' for the respon... | The petitioners who were partners of a registered firm hold ing public carrier and stage carriage permits challenged the constutionality of certain provisions of the Rajasthan Passengers and Goods Taxation Act, 1959, the Rajasthan Passengers and Goods Taxation Rules, 959, and a notification issued under r. 8.
The Act w... |
minal Appeal No. 134 of 1965.
Appeal by special leave from the judgment and order dated May 14, 1965 of the Patna High Court in Government Appeal No. 25 of 1962.
Nur ud din Ahmed and A. K. Nag, for the appellant.
D. P. Singh, Anil Kumar and Shivpujan Singh, for the respondent.
The Judgment of the Court was delivered by... | The appellant, a manufacturer of fireworks was convicted under section 5 (3) of the Indian as he had allowed minors to work in the manufacture of fireworks thus contravening r. 16 of the Explosives Rules.
HELD: Clause (a) of section 5(3) deals with a person who imports or manufactures in contravention of the Rules; el.... |
minal Appeal No. 109 of 1967.
Appeal by special leave from the judgment and order dated May 4, 1967 of the Patna High Court in Criminal Appeal No. 455 of 1965.
Debobrata Mookherjee and P. K. Ghosh, for the appellant.
D, P. Jha, for the respondent.
565 The Judgment of the Court was delivered by Hegde, J.
In this appeal ... | The appellant was an assistant medical officer in a railway hospital at Gaya.
Though he had certain privileges ordinarily available to gazetted officers he was only a non gazetted Class III officer.
He was convicted for offenses tinder section 161 I.P.C. and 'section 5 (2) read with section 5 (I) (d) of the Prevention ... |
Appeals Nos. 484 and 485 of 1965.
Appeals by special leave from the judgment and decree dated December 14, 1959 of the Madras High Court in Appeals Nos. 808 and 746 of 1954.
S.T. Desai, P. C. Bhartari, and J., B. Dadachanji, for the appellants (in both the appeals).
A.V. Rangam, for respondents Nos.
I to 3 (in C.A. No.... | Inams were granted by Hindu kings for performance of certain servicer, (e.g. watchmen, music players etc.) in the ancient temple, of Thirumoolanathaswami.
The inams were confirmed by the British Government.
For over 80 years the inams were enjoyed by alienees from the inamdars.
By an order passed on April 10, 1947 unde... |
iminal Appeal No.232 of 1967.
Appeal by special leave from the judgment and order dated August 30, 1967 of the Assam and Nagaland High, Court in Criminal Appeal No. 115 of 1964.
K. Rajendra Chaudhuri, for the appellants, Naunit Lal, for the respondent, 611 The Judgment of the Court was delivered by Bhargava, J.
The app... | The appellants were convicted by the court of sessions for an offence punishable under section 396 of the Indian Penal Code and sentenced to imprisonment for life.
They were held to have shot dead two inmates of a house in which along with others they had gone to commit dacoity.
One of the appellants filed an appeal in... |
ivil Appeal No. 14 of 1953.
Appeal by special leave granted by the Supreme Court, by its Order dated the 29th October, 1951, from the Judgment and Decree dated the 19th July, 1950, of the High Court of Judicature at Patna (Sinha and Rai JJ.) in appeal from Appellate Decree No. 1152 of 1946 from the Judgment and Decree ... | The policy underlying section 11 of the Suits Valuation Act,as also of sections 21 and 99 of the Code of Civil Procedure, is that when a case has been tried by a Court on the merits and judgment rendered, it should not be liable to be reversed purely on technical grounds, unless a failure of justice has resulted.
The p... |
Civil Appeal No. 173 of 1983.
PG NO 336 From the Judgment and Order dated 30.9.1982 of the Calcutta High Court in Suit No. 568 of 1979.
Ajay Nath Ray, Surendra Dube and Mrs. Indira Sawhney for the Appellant.
S.K. Kapur, Ranjan Deb, Gangadeb and B.P. Singh for the Respondent.
The Judgment of the Court was delivered by R... | The respondent flied a suit in the High Court for a decree directing the defendant (appellant) to deliver possession of certain premises.
The appellant tenant filed its written statement.
During the pendency of the suit, orders were passed directing the appellant tenant to deposit certain sums in Court.
The tenant made... |
minal Appeal No. 187 of 1965.
Appeal by special leave from the judgment and order dated August 3, 1965 of the Allahabad High Court in Criminal Misc.
Contempt Case No. 7 of 1965.
U. P. Singh and D. N. Mishra, for the appellant.
Sobhagmal Jain, section P. Singh and J. P. Goyal, for the respondent.
The Judgment of the Cou... | Pending an inquiry into the conduct of the respondent Principal of a college in respect of certain allegations, the respondent was suspended.
The respondent filed a writ petition in the High Court to quash the order of suspension and also obtained ex parte stay against the continuation of the inquiry.
The ex parte stay... |
minal Appeal No. 157 of 1965.
Appeal by special leave from the judgment and order dated February 1, 1965 of the Punjab High Court in Criminal Misc.
No. 8 of 1964 in Cr.
Revision No. 1375 of 1963.
Nishat Singh Grewal, Ravindra Bana and O. P. Rana, for the appellants.
R. N. Sachthey, for the respondent No. 2.
The Judgmen... | A magistrate acquitted Bhagwant Rai of the charge under sections 325/34 I.P.C. and observed that he had been falsely implicated.
The magistrate 's successor in office the respondent filed a complaint under sections 193, 195, 211 and 120B I.P.C., against the appellants.
The appellants con tended that (i) prosecution for... |
APPEAL No. 667 of 1965.
Appeal from the Judgment and Order dated April 28, 1961 of the Madhya Pradesh High Court in First Appeal No. 180 of 1959.
413 S.T. Desai, V.D. Mishra and A.G. Ratnaparkhi, for the appellants.
N. Shroff, for the respondent.
The Judgment of the Court was delivered by Hegde, J.
In this appeal from ... | The appellants ' lands consisting of orchards were acquired under the Land Acquisition Act.
1894 and they were awarded compensation.
The appellants, were dissatisfied with the amount, so it was referred to the District Court, which enhanced it.
The respondent appealed to the High Court.
The High Court looked into: docu... |
Appeal No. 323 of 1965.
Appeal by special leave from the judgment and decree dated February 16, 1961 of the Patna High Court in Appeal from Original Decree No. 500 of 1955.
S.C. Agarwal, K.N.K. Nair, Anil Kumar Gupta and S.P. Singh, for the appellants.
418 Sarjoo Prasad and U.P. Singh, for respondent No. 1.
The Judgmen... | The 1st respondent waqf filed a suit against the appellants 'and the 3rd respondent, for setting aside a lease deed executed by the 3rd respondent in favour of the appellants, on the ground that the properties covered by the lease deed were waqf properties dedicated by a deed of waqf of the year 1827.
The existence of ... |
Appeal No. 1005 of 1965.
Appeal from the judgment and decree dated April 24, 1962, of the Allahabad High Court in First Appeal No. 205 of 1950.
E.C. Agarwala and P.C. Agarwala, for the appellant.
V.A. Seyid Muhammad and S.P. Nayar, for respondent No. 1.
The Judgment of the Court was delivered by Hegde, J.
The only ques... | The appellant was the sole proprietor of a business carried on by him under the name and style of M/s. Raghunath Dass Mulkhraj.
He sent a notice under section 80 C.P.C. on behalf of 'M/s. Raghunath Dass Mulkhraj to the General Manager East Indian Railway Calcutta in connection with a claim for compensation for lost goo... |
Appeal No. 605 of 1966.
Appeal by special leave from the judgment and decree dated March 27, 1964 of the Allahabad High Court in Special Appeal No. 322 of 1964.
E.C. Agarwala and E. Udayarathnam, for the appellant.
M.C. Chagla and P.C. Agrawala, for the respondent.
The Judgment of the Court was delivered by Ramaswami, ... | The appellant was a partnership firm carrying on the business of manufacturing Khandsari Sugar in the District of Muzaffarnagar, U.P.
Under section 114 of the U.P. District Boards Act X of 1922 a District Board had power to levy a tax on circumstances and property subject to certain conditions and restrictions.
The pow... |
Appeal No. 958 of 1966.
Appeal by special leave from the Award dated September 16, 1965 of the Labour Court, Allahabad in Adjudication Case No. 78 of 1965.
G.R. Gokhale, O.P. Malhotra and 1.
B. Dadachanji, for the appellant.
R. Vasudev Pillai and Subodh Markandeya, for respondents Nos.
2(a) to 2(k).
541 The Judgment of... | There was a strike in the establishment of the appellant company betseen 18th and 30th March, 1964, and again a token strike on 10th April, 1964.
For the misconduct of going on the first strike some of the workmen were charged and given a warning.
The second strike was held to be illegal by an enquiry officer and six o... |
Appeal No. 1109 of 1965.
Appeal from the judgment and decree dated December 3, 1962 of the Patna High Court in Appeal from Original Decree No. 300 of 1959.
section Mitra and R.C. Prasad, for the appellant.
621 K.K. Sinha, for respondent No. 2.
The Judgment of the Court was delivered by Bachawat, J.
The plaintiff Bank l... | The appellant creditor lent moneys to the first respondent on the guarantee of the second respondent.
, The appellant filed a suit against the respondents for recovery of the amount due.
and the suit was decreed.
While passing the decree, the Trial Court directed that the appellant would not be at liberty to enforce th... |
vil Appeal No. 683 of 1968.
Appeal under section 116 A of the Representation of the People Act, 1951 from the Judgment and order dated January 10, 1968 of the Judicial Commissioner of Manipur in Election Petition Case No. 2 of 1967.
D. Goburdhun, for the appellant.
K.R. Chaudhuri, K. Rajendra Chaudhuri and C.S. Sreeniv... | In an election to a Parliamentary constituency, having 2,19,554 voters 1,20,008 votes were polled.
of these 4,168 votes were declared invalid.
The appellant won by securing 1,541 votes more than the next candidate the respondent.
The respondent filed an election petition on the ground that the polling was disturbed as ... |
Appeal No. 157 of 1959.
Appeal from the judgment and decree dated January 5, 1956, of the Allahabad High Court in Special Appeal No. 205 of 1954 and Civil Appeal No. 158 of 1959.
Appeal by special leave from the judgment and order dated January 15, 1952, of the Labour Appellate Tribunal of India, Allahabad, in Appeal N... | Under sections 3 and 8 of the U. P. the Governor issued an Order dated March 10, 1948, making dletailed provisions for the settlement of Industrial Disputes.
Clause 5(a) of the Government Order empowered, among others, a recognised association of employers to refer an industrial dispute for adjudication to the Concilia... |
ppeal No. 209 of 1962.
Appeal by special leave from the judgment and order dated October 10, 1961, of the Gujarat High Court in Civil Revision Application No. 378 of 1960.
R. Ganapathy Iyer, B.R.G.K. Achar and K.L, Hathi, for the appellant.
M. section K. Sastri and M. section Narasimhan, for respondents.
314 1962.
May ... | The appellant was a tenant of the respondents in respect of certain residential premises.
The tenancy was by the Indian Calendar.
The appellant did not pay arrears of rent for about 5 years and the landlords gave him notice to quit as he was in arrears of rent for more than six months and asked him to quit on the last ... |
Appeal No. 498 of 1966.
Appeal by special leave from the order dated July 10, 1964 of the Industrial Tribunal Delhi in O.P. No. 79 of 1962.
Bishan Narain, P.C. Bhartari, J.B. Dadachanji and C.L. Chopra, for the appellant.
H.R. Gokhale, Janardan Sharma and T.R. Bhasin, for the respondent.
The Judgment of the Court was d... | The respondent was an employee of the appellant.
After a domestic inquiry in respect of alleged misconduct he was dismissed.
As an industrial dispute was pending an application was made to the Industrial Tribunal under section 33(2)(b) of the .
The tribunal held that though the enquiry was fair, the findings of the enq... |
98 of 1956.
Petition under Article 32 of the Constitution of India for enforcement of fundamental rights.
N. C. Chatterjee and section C. Majumdar, for the petitioner.
P. A. Mehta, R. Ganapathy Iyer and R. H. Dhebar, for the respondents NOS. 1, 2, 3 and 5. 1957.
May 8.
The Judgment of the Court was delivered by GOVINDA... | Section 178 A of the Sea Customs Act which places the burden of proving that any of the goods mentioned in the section and reasonably believed to be smuggled are not really so on the person from whose possession they are seized, is not discriminative in character and does not violate equal protection of law guaranteed ... |
Appeal No. 1948 of 1966.
Appeal from the judgment and decree dated March 22, 1965 of the Gujarat High Court in First Appeal No. 718 of 1960.
Purshottam Trikamdas, M.H. Chhatrapati and A.K. Varma, for the appellant.
G.L. Sanghi, Urmila Kapur and S.P. Nayar, for the respondent.
The Judgment of the Court was delivered by ... | In 1949 the Government took possession of certain land belonging to the appellant under an arrangement whereby the Government was to give to the appellant in exchange other suitable lands of equal value.
After the Government had constructed some buildings on the land, it decided to acquire the land compulsorily.
On Feb... |
Civil Appeal No. 14 of 1968.
Appeal from the judgment and decree, dated December 12, 1964 of the Allahabad High Court in F.A.F.O. No. 401 of 1963.
R.M. Hazarnavis, K.L. Hathi and Atiqur Rehman, for the respondent.
The Judgment of the Court was delivered by Bachawat, J.
By a contract, dated March 8, 1945, the appellant ... | The appellant entered into a contract with the Government of India.
The contract contained an arbitration clause.
For certain supplies made under the contract the appellant made representations to the Government or payment and for arbitration of disputes.
On or about July 10, 1958 Government refused to refer the matter... |
Civil Appeal No. 793 of 1966.
Appeal by special leave from the judgment and order dated August 21, 1964 of the Bombay High Court, Nagpur Bench in Special Civil Application No. 353 of 1963.
M.N. Phadke, Naunit Lal and B.P. Singh, for the appellant.
D.D. Verma and Ganpat Rai, for respondent No. 1.
The Judgment of the Cou... | The appellant firm had a number of factories including one at Kamptee in Vidharba.
Its head office was also situated there,.
The factory at Kamptee and the head office were treated as separate establishment.
the factory being registered under the Factories Act and the Head Office under the C.P. and Berar Shops and Esta... |
ivil Appeal Nos. 2168, 2569, of 1966, 76, 123 and 560 of 1967.
Appeals by special leave from the Award dated June 30, 1966 of the Industrial Tribunal, Delhi in I.D. No. 70 of 1958.
S.T. Desai, Rameshwar Nath and Mahinder Narain, for the appellant (in C.A. No. 2168 of 1966) and respondents Nos. 1 and 2 (in C.As.
Nos. 12... | In the Delhi region there are four textile units.
namely, the D.C.M., the S.B.M., the B.C.M., and the A.T.M. The D.C.M. and the S.B.M. are under one management.
Since 1940 they had also a common retirement benefit scheme with a scale of gratuity.
The ' workmen in all the units were receiving basic wages plus dearness a... |
No. 96 of 1959.
Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights.
750 section Shaukat Hussain and P. C. Aggarwala, for the petitioners N. section Bindra, R. H. Dhebar and T. M. Sen, for the respondents.
April 4.
The Judgment of the Court was delivered by SARKAR, J.
This is a ... | The Custodian of evacuee properties made a declaration that two houses were evacuee properties.
Notice under section 7 of the , which initiated the proceedings resulting in the declaration had been served on two persons as owners.
These persons did not appear and contest the proceedings.
The petitioners claimed to be e... |
Civil Appeal No. 23 of 1966.
Appeal from the judgment and decree dated May 11, 1962 of the Patna High Court in Appeal from Original Decree No. 169 of 1958.
U.P. Singh, for the appellants.
Sarjoo Prasad and R.C. Prasad, for respondents Nos. 1 and 2.
The Judgment of the Court was delivered by Bachawat J.
The plaintiffs, ... | The plaintiffs defendants 5 to 7 and the ancestor of defendants 8 to 13 leased the forest rights in theft villages to defendants 1 and 2 at an annual rental.
The deed mentioned the share of each lessee and the annual rent for the purpose of indicating what amount would be contributed by each .of them towards the rent j... |
, No. 14 of 1968.
Petition under article 32 of the Constitution of India for enforcement of the fundamental rights.
M.C. Chagla, S.K. Mehta, K.L. Mehta and S.K. Khanna, for the petitioners.
C.K. Daphtary, Attorney General and D.P. Singh, for the respondents.
The Judgment of the Court was delivered by Bachawat,J.
The pe... | The petitioner was a company manufacturing Indian made foreign liquor in Himachal Pradesh and Uttar Pradesh.
It had depots for sale of its products at Patna and Ranchi in the State of Bihar.
Before October 13, 1967 it .imported foreign liquor into the State of Bihar from Himachal Pradesh and Uttar Pradesh for purposes ... |
Appeal No. 13 of 1966.
Appeal from the judgment and order dated January 13, 1964 of the Punjab High Court, Circuit Bench at Delhi in Civil Writ No. 557 D of 1961.
M.P. Vashi, Dalip K. Kapur,, S.V. Tambwekar and A. G. Ramaparkhi, ,for the appellant.
D. Narsaraju, R.M. Mehta and S.P. Nayar, for the respondents.
The Judgm... | The appellants were tobacco merchants in Baroda in Gujarat State and were holding Central Excise licence in Forms L 2 and L 5 for the purpose of storing, selling and processing duty paid and non duty paid tobacco.
On December 23, 1958 while the process of mixing some tobacco was going on in a godown where duty paid tob... |
ivil Appeal No. 316 ot 1987.
From the Judgment and Order dated 31.12.1986 of the Disciplinary Committee of the Bar Council of India in B.C.I. Transfer Case No. 407 of 1985.
S.S. Javali and Raju Ramachandra for the Appellant.
Ravinder Bhat, N. Ganapathy and Promod Swarup for the Respondents .
The Judgment of the Court w... | The appellant is an Advocate.
Gautam Chand was one of his old clients.
The complainant Respondent No. l engaged the appellant on being introduced by Gautam Chand to file a Suit against Shri section Anantaraju for recovery of a sum of Rs.30,098 with Court costs and interest in the Court of City Civil Judge at Bangalore.... |
Criminal Appeal No.185 of 1966.
Appeal by special leave from the judgment and order dated June 3, 1966 of the Allahabad High Court, LuCknow Bench inCriminal Revision Applications No. 410 and 413 of 1964.
R.K. Garg, S.C. Agarwala, section Chakravarti and section S.Shukla, for the appellants.
O.P. Rana and Ravindra Bana,... | The first appellant filed a suit on a promissory note.
Prior to the institution of the suit, the executant of the promissory note had filed a complaint against the appellants alleging that they had forcibly taken his thumb impressions on a number of blank forms of promissory notes.
The Magistrate 'acquitted the, appell... |
Appeal No. 501 of 1957.
Appeal by special leave from the judgment and order dated September 13, 1954, of the Bombay High Court in Income tax Reference No. 13 of 1954.
K. N. Rajagopala Sastri and D. Gupta, for the appellant.
A. V. Viswanatha Sastri and P. L. Vohra, for the respondent.
April 6.
The Judgment of section K.... | By section 66 (1) of the Indian Income tax Act, 1922 "the assessee or the Commissioner may, by application in the prescribed form . require the Appellate Tribunal to refer to the High Court any question of law arising out of such order and the Appellate Tribunal shall . draw up a statement of the case and refer it to 7... |
Appeal No. 1631 of 1967.
Appeal by special leave from the order dated May 11, 1967 of the Allahabad High Court in Civil Misc.
Writ Petition No. 1647 of 1967.
S.V. Gupte 'and D.N. Mukherjee, for the appellant.
M.K. Ramamurthi, Shayamala Pappu and Vineet Kumar for respondent No. 2.
The Judgment of the Court was delivered... | The second respondent originally filed an application for certain reliefs against its employer (the appellant company).
The Labour Court dismissed the application as not having been prosecuted for the default of the appearance of the applicants.
The second respondent filed a second application claiming the same reliefs... |
: Criminal Appeal No. 18 of 1953.
Appeal under article 134(1)(c) of the Constitution of India from the Judgment and Order dated the 18th February, 1953, of the High Court of Judicature at Bombay in Criminal Appeal No. 592 of 1952 arising out of the Judgment and Order dated the 21st May, 1952, of the Court of the Presid... | Section 18(1) of the Bombay Rents,. ,. .
Control Act 1947 provides; " If any landlord either himself or through any person acting or Purporting to act on his behalf. . receives any fine, premium or other like sum or deposit or any consideration, other than 159 the standard rent in respect of the grant, renewal or conti... |
iminal Appeal No. 49 of 1967.
Appeal from the judgment and order dated August 14, 1964 of the Bombay High Court, Nagpur Bench in Misc.
Civil Application No. 13 of 1963.
Mohan Behari Lal, for the appellants.
V.K. Sanghi and Ganpat Rai, for respondents Nos. 1 and 2.
The Judgment of the Court was delivered by Ramaswami, J... | A hire purchase agreement was entered into between the appellants and respondent No. 1 Under that agreement a motor transport truck was made available to respondent No. 1 for doing transport business.
The agreement contained an arbitration clause for settlement of disputes When disputes arose reference was made to an a... |
Appeal No. 1464 of 1968.
Appeal ,from the judgment and order dated March 18, 1968 of the Patna High Court in C.W.J.C. No. 816 of 1967.
A. K. Sen, Bhola Sen, D. Parkar Gupta, Om Khetan, B.P. Maheshwari and R.K. Maheshwari, for the appellant.
M.C. Chagla and R.C. Prasad, for respondents Nos. 1 and 2.
M.C. Chagla, D.P. Si... | The Sugar Cane (Control) Order, 1955 was promulgated by the Central Government in the exercise of its powers under the Essential Supplies Act.
Under cl. 6 of the Order the Central Government could reserve any area where sugarcane was grown for a factory taking into account various relevant 'factors.
Clause 11 allowed t... |
Appeal No. 1110 of 1965.
Appeal from the judgment and decree dated July 6, 1959 of the Patna High Court in First Appeal No. 235 of 1951.
Sarjoo Prasad and B.P. Jha, for the appellants.
C.B. Agarwala, P.K. Chatterjee and R.B. Datar, for the respondents (in Excepting respondents Nos.
15(b) to 15(d).
The Judgment of the C... | The plaintiffs (appellants herein) obtained settlements of certain land owned by a deity in village Siripur Majrahia in Bihar.
The contesting defendants (respondents herein) owned lands in the villages of Kazi Dumra and Shankarpur which were separated from Siripur Majrahia by a river.
The plaintiffs claimed that in con... |
l. Appeal No. 2095 of 1968.
16 Appeal from the judgment and order dated September 17, 1968 of the Mysore High Court in Writ Petition No. 1889 of 1968.
D. Narsaraju, M. C. Chagla, R. V. Pillai, Subodh Markendya and M. Narayana Reddy, for the appellant.
M. C. Setalvad, B. R. L. Iyengar and section P. Nayar, for responden... | The appellant was the highest bidder for the exclusive privilege of retail vend of toddy and arrack for the year 1968 69, in a group of 1168 shops situated in 19 tehsils in the districts of Raichur and Gulbarga.
He made the deposits of money required under rr. 7(f) 'and 10 of the Mysore Excise (Disposal of Privileges o... |
minal Appeal No. 51 of 1967.
Appeal by special leave from the judgment and order dated October 3, 1966 of the Bombay High Court, Nagpur Bench in Criminal Revision Application No. 168 of 1966.
R. K. Garg, section C. Agarwala, G. V. Kalikar, section K. Dhingra and M. section Gupta, for the appellants.
W. section Barlinga... | The Nagpur District Land Development Bank Ltd. was registered as a society under the Maharashtra Cooperative Societies Act, 1960.
There was dispute as to whether one 'M ' had been elected as a member of the Bank at a meeting of the Board of Directors.
The Registrar of Cooperative Societies referred the dispute to a nom... |
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