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Appeal No. 760 of 1962. Appeal by special leave from the judgment and order dated July 16, 1959 of the Andhra Pradesh High Court in Writ Petition No. 1123 of 1956. K. R. Chaudhuri, for the appellant. A. Ranganadham Chetty and B. R. G. K. Achar, for the respondent. February 21, 1964. The appellant filed a writ petition ... | The appellant collected sales tax from the purchasers of betel leaves in connection with the sales made by it.
But it did not pay the amount collected to the Government.
The Government directed the appellant to pay the amount to the Government and it thereupon filed a writ petition in the High Court questioning the val... | The business collected sales tax on betel leaves from buyers when they made sales.
However, the business did not give the collected tax money to the government.
The government told the business to pay the money. So, the business asked the High Court to review if Section 11(2) of the Hyderabad General Sales Tax Act of 1... | 2,027 |
Civil Appeal No. 2132 of 1977. Appeal by special leave from the judgment and order dated the 23rd September, 1976 of the Gujarat High Court in First Appeal No. 76 of 1963 D.V. Patel, R. Shroff, Gopal Subramaniam and D.P. Mohanty for the Appellant. M.N. Phadke, S.C. Patel and R.N. Poddar for the Respondent. The Judgment... | A notice was issued to the Sajjadanashin of the appellant institution stating that consequent on the coming into force of the Bombay Personal Inams Abolition Act 1952 exemption from payment of land revenue was extinguished in respect of the inam village and that he should hand over the village records to mamlatdar.
The... | Someone sent a notice to the head of a religious group. The notice said that because of a new law (the Bombay Personal Inams Abolition Act of 1952), they no longer had an exemption from paying taxes on their land. They were told to give the land records to the local official.
The religious group then filed a lawsuit i... | 245 |
ivil Appeal No. 1009 of 1980. From the Judgment and Order dated 15.1.80 of the Punjab and Haryana High Court in L.P.A. No. 592 of 1975. P.P. Rao and Jitender Sharma for the appellants. Rajinder Sachhar, Govind Mukhoty, Dr. Shankar Ghosh, S.C. 474 Mohanta, Mahabir Singh, T.C. Sharma, P.P. Singh, S.K. Verma, C.M. Nayyar ... | The appointment and promotion to Class I Engineering Service in the State of Haryana are regulated by the Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961.
Rule 5 provides for appointment to Class I Service, inter alia, by promotion from Class II Service.
Rule 6(b) prescribed that no person s... | The rules for hiring and promoting engineers to a high-level position (Class I Engineering Service) in Haryana are found in a document called the Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961.
Rule 5 explains how people can be appointed to Class I Service, including being promoted from a ... | 6,736 |
tion (Civil) No. 339 of 1986. (Under Article 32 of the Constitution of India) S.P. Pandey and Mrs Rekha Pandey for the Petitioner. J.R Dass, D.K Sinha, D Goburdhan and R.K. Mehta for the Respondent. PG NO 308 The Judgment of the Court was delivered by RANGANATH MISRA, J. A letter addressed to the learned Chief Justice ... | A letter petition in regard to the Mental Hospital at Ranchi was considered as a public interest application under Article 32 of the Constitution, and the Court called upon the State of Bihar to file its counter affidavit.
At the same time, the Court directed the Chief Judicial Magistrate to visit the hospital and subm... | Someone wrote a letter about the Mental Hospital in Ranchi. The court treated this letter as a case of public interest under Article 32 of the Constitution, which protects people's rights. The court asked the state of Bihar to respond with their side of the story.
At the same time, the court told the main judge in the... | 933 |
Civil Appeal No. 1349 of 1982. (From the judgment and order dated the 8.3.1982 of the Jammu & Kashmir High Court in W.P. No. 668 of 1981. AND Civil Appeal No. 1997 of 1982. Appeal by special leave from the judgment and order dated the 8th March, 1982 of the Jammu & Kashmir High Court in W.P. No. 668 of 1982. AND Writ P... | Independence of the judiciary is one of the basic tenets and a fundamental requirement of our Constitution.
Various articles of the Constitution provide or safeguarding the independence of the judiciary.
Article 50 provides separation of the judiciary from the executive.
For some time past there appears to be a trend o... | Having an independent judiciary is a key part of our Constitution.
Several parts of the Constitution protect the judiciary's independence.
Article 50 says that the judicial branch should be separate from the executive branch.
Recently, it seems the executive branch (at both state and national levels) has been interf... | 162 |
tition Nos. 5669 of 1980 and 1345 of 1981 (Under Article 32 of the Constitution of India) G. L. Sanghi, section K. Dholakia, section C. Gupta, D. section Gupta, P. Narashiman and R. C. Bhatia for the Petitioners in WP. No. 1345 of 1981. A. K. Sen, Anil Kumer Gupta, Brij Bhushan and Mrs. Renu Gupta for the Petitioners i... | Regular recruitment after the initial recruitment to the Delhi Higher Judicial Service under Rule 7 of the Delhi Judicial Service Rules, 1970 is made by promotion on the basis of selection from members of the Delhi Judicial Service who have completed not less than 10 years of service and by direct recruitment from the ... | Regular hiring after the first hiring for the Delhi Higher Judicial Service is done by promoting people from the Delhi Judicial Service who have worked for at least 10 years. It's also done by hiring directly from lawyers. However, direct hires can't hold more than one-third of the permanent positions in the service.
... | 2,174 |
Civil Appeal No. 5 of 1969. 126 From the Judgment and Order dated 20th June, 1968 of the Bombay High Court in Appeal No. 48/66. K. Jayaram, Amicus Curiae for the Appellant. Y. section Chitaley, M. V. Goswami and Ambrish Kumar for the Respondent. The Judgment of the Court was delivered by UNTWALIA, J. The plaintiff appe... | The appellant filed a suit against his employer, the respondent, for a declaration that he had been removed from service illegally and without any reason and that he should be reinstated in his former job with due benefits and advantages.
He also claimed compensation.
The trial court held that the dispute raised by the... | The person appealing (the appellant) sued his employer because he said he was fired illegally and without a good reason. He wanted to be given his old job back with all the benefits he used to have. He also wanted money to make up for what happened.
The first court to hear the case said that the problem was actually a... | 4,868 |
ivil Appeal No. 1086 of 1971. From the Judgment and Order dated 28.4.71 of the Gujarat High Court in S.C.A. No. 671 of 1970. R.F. Nariman, A.K. Verma and D.N. Misra for the Appellant. V.J. Francis, (N.P.), Krishan Kumar, Vimal Dave & Co., M.N. Shroff, (N.P.) and Girish Chandra for the Respondent. The Judgment of,the Co... | The respondent who was carrying on the business of transporting goods challenged before the High Court the imposition of supervision fee levied under Standing Order No. 3 on the goods in transit through the limits of the Municipal Corporation of Baroda.
Before the framing of Standing Order No. 3, a transporter was requ... | A business that transported goods challenged a fee in court. This fee was for supervising goods that were passing through the city of Baroda. The fee was created by something called Standing Order No. 3.
Before this rule, transporters had to pay a tax called octroi when they entered the city. Then, they could get a re... | 2,659 |
Appeal No. 1661 of 1990. From the Judgment and Order dated 26.10. 1989 of the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. CD/SB/A No. 424 of 1983(A) in Order No. 729/89 A. H.N. Salve, Ms. Meenakshi Arora, Ms. Ayesha Khatri, Ms. Shirin Jain and Ms. Indu Malhotra for the Appellant. KTS T... | The appellant Federation entered into a contract with a Soda Company of Kenya, for supply of 5000 metric tonnes of soda ash dense and the consignment arrived at Bombay on 23.12.1981.
The goods were cleared on payment of customs duty of Rs.32,15,904.21.
The appellant on distribution of the goods to various members of th... | A company called the Federation made an agreement with a Soda Company in Kenya. The Soda Company would supply 5000 metric tons of soda ash, which arrived in Bombay on December 23, 1981.
The Federation paid about 3.2 million rupees in customs fees to get the goods released.
After the Federation gave the soda ash to its ... | 3,536 |
Civil Appeal No. 2150 of 1968. (Appeal by Special Leave from the Judgment and Order dated 5.9.1968 of the Punjab & Haryana High Court in L.P.A. No. 458/68). V.C. Mahajan, Hardev Singh and R.S. Sodhi, for the appel lant. O.P. Sharma, for the respondents 1 and 2. K.R. Nagaraja and P.N. Puri, for respondent No. 3. The Jud... | Gurdev Singh had certain complaints about the Consolida tion Scheme.
He was not present when his application was being considered.
Therefore, the application was dis missed by the Additional Director, Consolidation.
Thereaf ter, Gurdev Singh respondent No. 3 filed an application for restoration supported by an affidavi... | Gurdev Singh had issues with the plan to combine and rearrange land holdings.
He wasn't there when his request was being looked at.
So, the person in charge, the Additional Director, Consolidation, turned down his request.
After that, Gurdev Singh (respondent No. 3) asked for his request to be brought back, saying h... | 2,696 |
ivil Appeal No. 140 of 1990. From the Judgment and Order dated 8.2.89 of the Madras High Court in L.P.A. No. 131 of 1987. A.K. Sen, N.D.B. Raju, K. Rajeshwaran and N, Ganapathy for the Appellants. K.R. Choudhary and V. Balachandran for the Respondents. The Judgment of the Court was delivered by K. JAGANNATHA SHETTY, J.... | Respondent No. 1 obtained a money decree against the original appellant, who has been substituted by legal heirs, on the basis of a promissory note.
The appellant appealed to the High Court but could not get the decree stayed because he was unable to furnish security for the decretal amount.
The decree was put into exe... | Person 1 won a court order for money against the original person appealing (who is now replaced by family members) based on a written promise to pay.
The person appealing asked a higher court to stop the order, but they couldn't because they couldn't promise to pay the money if they lost.
The order was enforced even ... | 3,197 |
Criminal Appeal No. 538 of 1983. From the Judgment and Order dated 6.4.1982 of the Andhra Pradesh High Court in Crl. A. No. 469 of 1981. G. Narasimhulu for the Appellants. T.V.S.N. Chari, Ms. Suruchi Aggarwal and Ms. Manjula Gupta for the Respondent. The Judgment of the Court was delivered by KULDIP SINGH, J. Nethala P... | Appellants (A1 to A3) were tried for the offences under Sections 147, 148, 323 and 309 read with section 149 of the Indian Penal Code.
The Trial Court acquitted A 7 of all the charges but convicted A 1 to A 6 under sections 148 and 302 read with section 149 and sentenced them to imprisonment for life.
On appeal the Hig... | People called A1, A2, and A3 were accused of breaking laws. These laws are listed as Sections 147, 148, 323, and 309, along with Section 149 of the Indian Penal Code (a set of laws).
The first court (Trial Court) said A7 was not guilty of any crime. But, it said A1 through A6 were guilty under Sections 148 and 302, al... | 1,499 |
Civil Appeal No. 592 of 1960. Appeal by special leave from the judgment and order dated June 17, 1959, of the Commercial Tax officer, Calcutta, in case No. 54(c) of 1969 60. 277 N. a. Chatterjee and section a. Mazumdar, for the appellants. B. Sen and P. E. Bose, for respondents Nos. 1 and 2. K. N. Rajagopal Sastri and ... | In respect of its business as a middleman relating mainly to sales of coal and coke in the course of inter State trade, the appellant firm was assessed to Central sales tax under section 8(2) of the , by the Commercial Tax officer.
The appellant without availing itself of the remedies under the Act, applied for and obt... | The company acted as a middleman, mostly selling coal and coke between states. Because of this, the Commercial Tax Officer charged them Central sales tax, following the rules in section 8(2) of the law.
Instead of using the legal options available to them, the company asked for and received special permission to appea... | 7,030 |
Appeal No. 104[NT] of 1979. From the Judgment and Order dated 3.10.1978 of the Punjab and Haryana High Court in 1.]". Reference No. 60 of 1974. 191 WITH Civil Appeal Nos. 1801 to 1804/89 & 6254 (NT)/90 Dr. V.Gauri Shankar, S.Rajappa, Ms. A. Subhashini and Manoj Arora for the Appellants. T.A.Ramaehandran and Ms. Janki R... | The respondents assessees were engaged in the manufacture of mild steel rods, bars or rounds.
They claimed that as the articles manufactured by them fell under item 1 of the list set out in the Fifth Schedule, they were entitled to a higher rate of development rebate specified in section 33(1) (b) (B) (i) (a) and to re... | The businesses in question made mild steel rods, bars, and rounds. They believed that because the items they made were listed as item 1 in the Fifth Schedule, they deserved a higher tax break. This tax break was explained in section 33(1) (b) (B) (i) (a) and section 80 I of the Income Tax Act of 1961.
The Income Tax O... | 5,981 |
tion (Criminal) No. 307 of 1988. (Under Article 32 of the Constitution of India) Ram Jethmalani, U.R. Lalit, Ms. Kamini Jaiswal and Arvind Nigam for the Petitioner. T.U. Mehta, Dushiant Dave, M.N. Shroff and Mrs. section Dikshit for the Respondents. The Judgment of the Court was delivered by RAY, J. The petitioner who ... | The Commissioner of Police, Ahmedabad, Respondent No. 1 therein passed an order of detention dated 23.5.1988 against Abdul Latif Abdul Wahab, petitioner 's brother under section 3(2) of the Gujarat Prevention of Anti Social Activities Act, 1985 and served the same on the detenu, while he was in jail, in pursuance of an... | The police chief of Ahmedabad made an order on May 23, 1988, to hold Abdul Latif Abdul Wahab, the petitioner's brother. This was under a law to prevent anti-social behavior in Gujarat. The order was given to him while he was in jail, following a court order related to a previous case.
The petitioner, the brother of th... | 4,963 |
Appeal No. 874 of 1975. Appeal by Special Leave from the Judgment and Order dated 5 3 75 of the Rajasthan High Court in D.B. Civil Appeal No. 18 of 1975. M.C. Bhandare, S.M. Jain, S.K. Jain and Mohd. Fasiuddin, for the Appellant. P.C. Bhartari, for Respondent No. 3. K.J. John, for Respondent No. 4. The Judgment of the ... | The appellant and respondents No. 3 and 4 applied for the grant of nontemporary stage carriage permits.
The Regional Transport Authority granted the permits to the appellant and respondent No. 4 and rejected the application of respondent No. 3.
Respondent No. 3 filed an appeal to the State Transport Appellate Tribunal.... | Someone applied for permission to run a bus service.
The local transportation group gave permission to one person and one company, but not to another person.
That person who was denied permission appealed the decision to a higher transportation board.
The company that got permission was told about the appeal, including... | 3,605 |
o. 115 of 1956, and Petition No. 132 of 1956. Petitions under Article 32 of the Constitution of India for the enforcement of fundamental rights. B. D. Sharma, for the petitioners. C. K. Daphtary, Solicitor General of India, Porus A. Mehta and R. H. Dhebar, for the respondents, 651 1957. February 13. The Judgment of the... | The accused was tried and convicted by a Special judge for offences under section 161 of the Indian Penal Code and section 5 of the Prevention of Corruption Act.
On appeal the whole proceedings were quashed as being ab initio invalid for want of proper sanction.
The authorities accorded fresh sanction and directed the ... | Someone was found guilty by a Special Judge for breaking a law (section 161 of the Indian Penal Code) and another law about stopping corruption (section 5 of the Prevention of Corruption Act).
When the person appealed, the entire case was thrown out. This happened because the court said the case was invalid from the s... | 1,423 |
il Appeal No. 861 of 1975. (Appeal by Special Leave from the Judgment and Order dated 1 3 1975 of the Allahabad High Court (Lucknow Bench) in writ petition No. 405 of 1974.) A.K. Sen and S.K. Bisaria, for the appellant. C.P. Lal for respondents 1 3. Yogeshwar Prasad and R.N. Trivedi, for respondents. No. 8. The Judgmen... | The appellant and respondent No. 8 applied for the vacant post of Professor of Anthropology in the Faculty of Arts, in answer to an advertisement put up by the Lucknow University.
A selection committee of five persons including three experts, interviewed them and recommended respondent No. 8 for the post.
The appellant... | The person appealing (the appellant) and respondent No. 8 both applied for the job of Professor of Anthropology at Lucknow University. This was in response to an ad the university put out.
A group of five people, including three experts, interviewed the applicants. They suggested respondent No. 8 for the job.
The app... | 6,275 |
Appeal No. 16 of 1952. Appeal from the Judgment and Order dated February 6, 1951, of the High Court of Judicature at Madras (Rajamannar C. J. and Somasundaram J.) in Civil Miscellaneous Petition No. 11307 of 1950, arising out of Order dated November 10, 1950, made in C. No. 2216 A 3 49 on the file of the Regional Trans... | Rule 268 of the Madras Motor Vehicles Rules, 1940, as it originally stood did not empower the Transport Authority to alter from time to time the starting places and termini for motor vehicles.
The rule was amended in 1950 so as to empower the Transport Authority to do so, and after giving notice to the appellant who wa... | Rule 268 of the Madras Motor Vehicles Rules, created in 1940, originally didn't allow the Transport Authority to change where buses started and stopped.
The rule was changed in 1950 to give the Transport Authority that power. After telling the bus stand owner (the appellant) that they planned to make a change, the Tra... | 3,999 |
minal Appeal No. 150 of 1956. Appeal by special leave from the Judgment and order dated October 18, 1955, of the Allahabad High Court in Government Appeal No. 60 of 1953 arising out of the judgment and order dated July 8, 1952, of the Court of Sessions Judge at Bareilly in Criminal Sessions Trial No. 27 of 1952. Daulat... | A first information report is not a substantive piece of evidence and can only be used to corroborate the statement of the maker under section I57 Of the Evidence Act or to contradict it under section 145 of that Act.
It cannot be used as evidence against the maker at the trial if he himself becomes an accused, nor to ... | A first information report (FIR) is not strong evidence on its own. It can only be used to back up what the person who made the report says in court, as allowed by law, or to show that their story has changed.
It can't be used as evidence against the person who made the report if they end up being accused of the crime... | 2,753 |
Appeal No. 90 of 1953. Appeal under Article 132(1) of the Constitution of India from the Judgment and Order dated the 29th August, 1952, of the High Court of TravancoreCochin at Ernakulam in Original Petition No. 51 of 1952. K.Thomas and M. R. Krishna Pillai, for the appellant. Mathew P. Muricken, Advocate General for ... | An enquiry under the provisions of the Travancore Public Servants (Inquiries) Act, (Act XI of 1132) was held against the petitioner in pursuance of a resolution passed by the Council of Ministers.
The petitioner took part in the proceedings, denied the charges and raised legal objection to the competence of the Enquiry... | A formal investigation, as allowed by the Travancore Public Servants (Inquiries) Act, was done on the person filing the lawsuit because the government’s group of leaders (Council of Ministers) decided to do it.
The person involved participated in the investigation. He said the accusations were false and argued that th... | 2,218 |
Civil Appeal No. 98 of 1962. Appeal from the judgment and decree dated March 7, 1957, of the Bombay High Court in First Appeals Nos. 897 of 1951 and 66 of 1952. section section Shukla for the appellant. G. B. Pai, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for respondents Nos. 1, 3 and 7. A.V. Viswanatha Sastr... | The appellant, a Hindu reversioner, brought the suit out of which the appeal arose for recovery of certain properties alienated by two widows having widow 's estates under the will of their husband.
The respondents resisted the suit mainly on the grounds that the appellant, who was an undischarged insolvent at the time... | The person appealing (called the appellant), who was Hindu, started a lawsuit to get back some property. This property had been sold off by two widows who had limited rights to it, according to their husband’s will.
The people being sued (called the respondents) argued that the appellant couldn't sue because he was ba... | 6,575 |
Appeals Nos. 499 to 502 of 1958. Appeals from the judgment and decree dated July 13, 1956, of the former Travancore Cochin High Court in A. section Nos. 94, 95, 96 and 156 of 1952. G. section Pathak and G. C. Mathur, for the appellants (in C. As. 499 to 501 of 58). P. George and M. B. Krishna Pillai, for the appellants... | The imposition of "profession tax" by the respondent Municipal Council under the Travancore District Municipalities Act (Act XXIII of the Malayalam year 1116) was challenged on the grounds, inter alia (1) that the requisite notification was not published by the Municipal Council but by its commissioner, (2) that the pe... | The city council's "profession tax," based on the Travancore District Municipalities Act, was questioned. The reasons included: (1) the city council didn't announce the tax; instead, its commissioner did. (2) The 30-day objection period was too short, as the law required "not less than a month." (3) This time frame was... | 4,600 |
Appeal No. 1805 of 1967. Appeal by special leave from the judgment and order dated the 20th October 1967 of the Allahabad High Court in Special Appeal No. 864 of 1967. R. K. Garg, section C. Agarwala, Anil Kumar, Shiv Punjan Singh N. M. Ghatate, for the appellant. C. B. Agarwala and 0. P. Rana, for the respondents. The... | The appellant was elected Pramukh of a Kshettra Samiti and his term of office which was co terminus with that of the Samiti, was for five years The Government of Uttar Pradesh issued two notifications under sections i and 8 of the Uttar Pradesh Kshettra Samities and Zila Parishads Adhiniyam, 1961, by which the rural ar... | The appellant was chosen as the leader (Pramukh) of a local council (Kshettra Samiti). His time in office was the same as the council's, which was five years. The government of Uttar Pradesh made two announcements using sections 3 and 8 of a law called the Uttar Pradesh Kshettra Samities and Zila Parishads Adhiniyam, 1... | 4,124 |
No. 179 of 1968. Petition under article 32 of the Constitution of India for a writ in the nature of Habeas corpus. R.L. Kohli, for the petitioners. Debabrata Mukherjee and P.K. Chakravarti, for the respondent. The Judgment of the Court was delivered by Ramaswami, J. In this case the petitioners have. obtained a rule ca... | In petitions for the writ of habeas corpus under article 32 of the Constitution for release from detention under orders passed under section 3(2) of the Prevention of Detention Act, HELD: The reasonableness of the satisfaction of the detaining authority cannot be; questioned in a Court of law; the adequacy of the mater... | When people ask the court to issue a writ of habeas corpus (a court order demanding someone in custody be brought before the court) under Article 32 of the Constitution, seeking release from detention under Section 3(2) of the Prevention of Detention Act, the court decided: The court can't question if the detaining aut... | 1,472 |
Appeal No. 742 of 1967. Appeal from the judgment and decree dated April 4, 1960 of the Madras High Court in Appeal No. 334 of 1956. M. Natesan, K. section Subramanian and K. Jayaram, for the appellant. A. V. Rangam and A,. Subhashini, for the respondent. The Judgment of the Court was delivered by Grover, J. This is an ... | The members of the family of the plaintiff who belonged to the Saurashtra community had constructed a Mandapam on land of which they were the owners.
There were a Garbha Griha in front of the mandapam, stone idols called Dwarabalakas on either side and implements necessary for offering puja in the mandapam.
But there w... | The plaintiff's family, who were from the Saurashtra community, built a Mandapam (a type of hall) on their own land.
In front of the Mandapam was a Garbha Griha (inner shrine). There were also stone statues called Dwarabalakas (guardian figures) on each side, and items needed for worship.
However, there was no Dwajas... | 4,525 |
ON: Civil Appeals Nos. 1319 and 1320 of 1966. Appeals by special leave from the judgments and orders dated February 16, 1966 and February 1, 1966 of the Andhra Pradesh High Court in Writ Appeals Nos. 143 of 1966 and 166 of 1965 respectively and Writ Petition No. 103 of 1966. C1/68 13 692 Petition under article 32 of th... | A Hindu undivided family committed default in payment of income tax, and a certificate for recovery of tax due to the family was issued by the Income Tax Office in exercise of the power conferred by rule 76 of Sch.
II of the Income Tax Act, 1961.
The Tax Recovery Officer directed the arrest and detention in prison of t... | A Hindu family that hadn't divided its property failed to pay their income tax. Because of this, the Income Tax Office issued a notice to collect the unpaid taxes, following the rules of the Income Tax Act of 1961.
The Tax Recovery Officer then ordered the family's manager (called the "karta") to be arrested and put i... | 477 |
N: Criminal Appeal No. 483 of 1979. Appeal by Special Leave from the Judgment and Order dated 22 3 1979 of the Patna High Court in Crl. A. No. 356 and 407/73. B. P. Singh and L. R. Singh for the Appellants. section N. Jha and U. P. Singh for the Respondent. The Order of the Court was delivered by KRISHNA IYER, J. We ha... | Dismissing the appeal by special leave, the Court ^ HELD: 1.
Having due regard to the age of the accused Munni Marandi and to the absence of any overt act, a sentence of two years R.I. would, in the circumstances of his case meet the ends of justice for the offence u/s 149 read with Section 326 I.P.C. [587 G H] 2.
Abse... | The Court said the appeal was denied.
1. Considering Munni Marandi's age and that he didn't do anything directly, a two-year prison sentence is fair for the crime he committed under Section 149 along with Section 326 of the Indian Penal Code (I.P.C.). Section 149 deals with being part of a group committing a crime, a... | 849 |
ivil Appeal No. 4159 of 1984. From the Judgment and Order dated 20.1. 1984 of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi in Appeal No. ED(SB)(T) 644/81 A (Order No. A29/84). P.P. Rao, Rameshwar Nath, D.N. Mehta and Ravinder Nath for the Appellants. V.C. Mahajan, Arun Madan and P. Parmeshwaran ... | The assessee appellants, a partnership firm carrying on manufacturing business in Madras entered into an agreement with a company based in Calcutta for sale of their product through the latter 's sales organisation in all the States of India.
In the said agreement the assessee was referred to as the 'manufacturer ' and... | A business in Madras, called the assessee appellants, made an agreement with a company in Calcutta to sell their products. The Calcutta company would use its sales team in all Indian states.
In the agreement, the Madras business was called the "manufacturer." The Calcutta company was called the "sole selling agents."
... | 3,530 |
ivil Appeal No. 1 278 of 1978. Appeal by special leave from the Judgment and Order 15 11 1976 of the Delhi High Court in Civil Writ No. 96 of 1971. B. Dutta for the Appellant. Soli J. Sorabjee, Addl. General and R. N. Sachthey for Respondents 1 and 2. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. We gr... | section 3(e) of the Mines and Mineral (Regulation and Development) Act, 1957 defines " 'Minor Mineral ' as meaning building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by Notification in the official Gazette declare t... | Section 3(e) of the Mines and Mineral (Regulation and Development) Act, 1957 says that "Minor Mineral" means things like building stones, gravel, regular clay, and regular sand (unless that sand is used for a specific purpose). It also includes any other mineral that the Central Government says is a minor mineral by an... | 2,677 |
ivil Appeal No. 265 of 1978. From the Judgment and Order dated 12.9.1977 of the Allahabad High Court in C.M.W. No. 144 1 of 1976. S.N. Kacker and B.R. Agarwala for the Appellants. U.R. Lalit, R.B. Mehrotra and D.N. Misra for the Respond ents. Mr. Prithvi Raj and Mrs. Shobha Dikshit for the Respondents. 500 The Judgment... | Clause (e) of section 3 of the U.P. Urban Buildings (Regula tion of Letting, Rent & Eviction) Act, 1972 defined 'Pre scribed Authority ' to mean a Magistrate of the First Class having experience as such of not less than three years, authorised by the District Magistrate to exercise the powers of such authority.
When th... | Clause (e) of section 3 of the U.P. Urban Buildings Act of 1972 said that a "Prescribed Authority" was a First Class Magistrate with at least three years of experience. This person had to be approved by the District Magistrate to have the powers of that authority.
In 1974, the Code of Criminal Procedure of 1973 change... | 6,455 |
Appeal No. 661 of 1966. Appeal by special leave from the judgment and order dated December 8, 1964 of the Punjab High Court, Circuit Bench at Delhi in Civil Revision No. 92 D of 1962. S.C. Manchanda, section K. Mehta, and K. L. Mehta, for the appellant. Bishan Narain, I. section Sawhney and M. R. Chhabra, for the respo... | The predecessor in interest of the respondents who was a practising advocate, took on rent certain premises for residence.
He could with the written consent of the appellant landlord set up his professional office also there.
After the death of their predecessor in interest the respondents lived in the premises and som... | The person who lived in the place before the current renters was a lawyer who rented the place to live in.
He could also use it as his office if the landlord agreed in writing.
After the lawyer died, his family lived there. Later, two family members became lawyers and started using part of the place as an office.
The l... | 5,314 |
Appeal No. 1104 of 1970. Appeal by special leave from the judgment and order dated April 9, 1970, of the Rajasthan High Court in D. B. Civil Special Appeal No. 126 of 1970. M. C. Chagla, F. section Nariman, P. N. Tiwari and O. C. Malther, for the appellant. M. C. Setalvad and B. P. Maheshwari, for the respondent. The J... | The respondent company holding leasehold rights in the appellant land went into liquidation.
Accepting the.
official liquidator 's report the company Judge (Rajasthan High Court) without hearing anyone or issuing notice to the appellant ordered auction of the lease hold right of the respondent company.
The appellant se... | The company that rented the land from the person making the appeal went out of business.
The judge in charge of the company case (at the Rajasthan High Court) accepted the report from the person in charge of closing the company. The judge ordered an auction of the company's rental rights for the land, without asking a... | 1,985 |
Appeal No. 1174 of 1974. (From the Judgment and Order dated the 4 4 1974 of the Delhi High Court in Wealth Tax Ref. No. 5 of 1972). R.M. Mehta and, P.L. Juneja, for the appellant. G.C. Sharma, M.L. Khanna, Anup Sharma, Miss Jaswal K.K. and K.R. Jagaraja and D.K. Jain, for the respondent. The Judgment of the, Court was ... | The respondent an assessee to wealth tax as an individual, in the assessment for the assessment year 1968 69, valued his property situate on plot No. 12, Block 39 Kautilya Marg, Chanakyapuri in his return of net wealth @ Rs. 4,52,000 as against the value of Rs. 6,00,000 shown by him in the previ ous years.
The property... | For the tax year 1968-69, a tax officer looked at the wealth of a person (called the assessee). The assessee had reported that the value of their property was about 452,000 rupees. This property was located on a specific plot of land. However, in previous years, the assessee had said the property was worth 600,000 rupe... | 242 |
ecial Leave Petition (C) No. 8566 of 1988. From the Judgment and Order dated 9.10.1987 of the Andhra Pradesh High Court in W.P. No. 306 of 1983. R. Mohan for the Petitioner. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This petition is for leave to appeal under Article 136 of the Constitution from... | The respondent, Andhra Pradesh Rayons Ltd., manufacturing Rayon Grade Pulp, a base material for the manufacture of synthetics or man made fabrics, was assessed by the petitioner under the provisions of which provided for levy and collection of Water cess from the specified industries enumerated in Schedule I of the Act... | Andhra Pradesh Rayons Ltd. makes Rayon Grade Pulp, which is used to make synthetic fabrics. The government tried to charge them a water tax, based on rules about collecting this tax from certain industries listed in a schedule.
The company appealed, but the appeals committee said they still had to pay. The committee t... | 2,390 |
minal Appeals No. 76 82 of 1965. Appeals from the judgment and order dated September 9, 1963 of the Punjab High Court, Circuit Bench at Delhi in Criminal Writs Nos. 3 D, 4 D, 5 D, 6 D, 7 D, 10 D and 12 D of 1962. B. R. L. Iyengar and R. N, Sachthey, for the appellants (in all the appeals). G. section Bawa and Harbans S... | Section 18 of the Suppression of Immoral Traffic in Women and Girls Act, 1956, provides for two classes of cases namely, (1) those coming under sections 3 or 7 as well as under section 18, and (2) those coming only under section 18.
Sections 3 and 7 provide for the punishment of persons guilty of the offences mentioned... | Section 18 of the law against trafficking women and girls in 1956 covers two kinds of situations. First, cases that fall under sections 3 or 7 as well as section 18. Second, cases that only fall under section 18.
Sections 3 and 7 explain how people who commit certain crimes will be punished after a normal trial. They ... | 1,341 |
Appeals Nos. 565 566 of 1963. Appeals by special leave from the judgment and order dated January 31, 1962 of the Mysore High Court in Writ Petitions Nos. 940 and 1056 of 1961. G.S. Pathak and M/s. Rajinder Narain and Co. for the appellants. R. Gopalakrishnan, for the respondent. The Judgment of the Court was delivered ... | Under Sections 22, 23, and 43 of the Mysore University Act, the Academic Council of the University was empowered, inter alia, to control and operate the teaching, courses of study, to secure maintenance of standards, etc., and to make necessary regulations including those relating to examinations and conditions on whic... | According to Sections 22, 23, and 43 of the Mysore University Act (a law about the university), the Academic Council (a group within the university) had the power to manage teaching and courses, keep up good standards, and create rules. These rules included those for exams and the requirements for students to take exam... | 712 |
Civil Appeal Nos. 1353 & 1354 of 1973. Appeals from the Judgment and Order dated the 6th December, 1972 of the Mysore High Court in Writ Petitions Nos. 3964 & 3996/1970. S.T: Desai, D.N. Mishra and Mrs. Verma for the Appellants. M. Veerappa for the Respondents. The Judgment of the Court was delivered by AMARENDRA NATH ... | The appellants were Excise Contractors who had secured the excise privilege of retail sale of Toddy, Arrack or Special Liquor.
The State Government had the monopoly of the first sale of Arrack which is country liquor other than Toddy.
The manufacture of Arrack by distillation is done in the State under State control an... | Some business owners had the right to sell certain types of alcohol, like Toddy, Arrack, or Special Liquor.
The state government was the only seller of Arrack, which is a type of local alcohol that is not Toddy.
Arrack is made by a process called distillation, which the state controls. All the Arrack made in the stat... | 5,079 |
72 of 1950. Petition under article 32 of the Constitution of India for a writ of mandamus. V.K.T. Chari, J.S. Dawdo, Alladi Kuppuswami, and C.R. Pattabhi Raman, for the petitioner. M.C. Setalvad, Attorney General for India (G. N. Joshi with him) for opposite party Nos. 1 and 2. G.N. Joshi, for opposite party Nos. 3 to ... | The Governor General of India, finding that on account of mismanagement and neglect a situation had arisen in the affairs of the Sholapur Spinning and Weaving Company Ltd. which had prejudicially affected the production of an essen tial commodity and had caused serious unemployment amongst a certain section of the comm... | The Governor General of India thought that the Sholapur Spinning and Weaving Company Ltd. was not being managed well. This caused problems, like less of an important product being made and people losing their jobs. Because of this, the Governor General made a rule called an Ordinance. This was later made into a law cal... | 4,952 |
iminal Appeal No. 95 of 1961. Appeal by special leave from the judgment and order dated February 15, 1961, of the Allahabad High Court in Criminal Appeal No. 1597 of 1960. D. section Tewatia and K. B. Mehta, for the appellants. O. P. Rana and C. P. Lal, for the respondents. August 29, 1963. The judgment of the Court wa... | The eight appellants variously armed attacked one 'T ' and as a result of the assault 'T ' died.
These appellants then proceeded to loot the house of 'T ' and on the way met four others who joined them.
They then came across one 'P ' and assaulted him.
There was a small gap of time and 'the places of assault were diffe... | Eight people, called appellants, used weapons to attack someone named 'T.' 'T' died because of this attack.
Afterward, the attackers stole things from 'T's' house. On their way, they met four more people who joined them.
Then, they found someone named 'P' and attacked him too.
The attack on 'T' and the attack on 'P' ha... | 4,244 |
Civil Appeal No. 785 of 1975. Appeal by Special Leave from the Judgment and order dated 7 1 1973 of the Punjab and Haryana High Court in Civil Writ No. 6677/74. A. K. Sen, section K. Gambhir, A. K. Panda and Miss Ramrakhiani for the Appellant. Yogeshwar Prasad, A. K. Srivastava and Miss Rani Chhabra for the Respondent ... | The appellant company manufactures machine tools at its factory in Faridabad employing 250 workmen including the second respondent, Sadhu Singh.
Demands of the workmen for an improvement in the conditions of the service led to conciliation proceedings and a settlement under section 12 was recorded on June 20, 1969 by t... | The company made machine tools in Faridabad and employed 250 workers, including Sadhu Singh.
The workers wanted better working conditions, so they started a negotiation process. On June 20, 1969, they reached an agreement with the company, which was written down by a government official. This is called a settlement.
... | 6,458 |
Appeal No. 197 of 1954. Appeal from the Judgment and Order dated the 25th March, 1953, of the Calcutta High Court in Appeal from Original Order No. 54 of 1953. Sachin Chaudhury, Sukumar Mitter, section N. Mukherjee and D. N. Ghosh, for the appellant. 244 K. N. Rajagopal Sastri and D. Gupta, for the respondents. Novembe... | The appellant, a private limited company, was assessed to income tax for the assessment years 1942 43, 1943 44 and 1944 45 by three separate orders dated January 26, 1944, February 12, 1944, and February 15, 1945, under section 23(3) of the Indian Income Tax Act on returns filed by it with statements of account.
On Mar... | A private company was told to pay income tax for the years 1942-43, 1943-44, and 1944-45. This was based on tax forms they had filed, along with their financial records. The orders for these payments were issued on January 26, 1944, February 12, 1944, and February 15, 1945. These orders were made under a specific part ... | 5,194 |
ew policy which is in vogue. The licensing period is for two years commencing from 1.4.1991 to 31.3.1993. Admittedly, the petitioner had not submitted any tender in terms of the new policy for manufac ture of rectified spirit or liquor for grant of D 2 and D 1 licences, the licences have already been granted to the thi... | The petitioner and its predecessors had licence for distillery at Ujjain to manufacture rectified spirit and the last of such licence held by the petitioner was for the period 1.4.1976 to 31.3.1981.
For the licensing period commencing from 1.4.1981 to 31.3.1986, the petitioner was unsuccessful and the licence was grant... | The company asking for the license (called the petitioner) used to have a license to make alcohol at a distillery in Ujjain. The last license they had was from April 1, 1976, to March 31, 1981.
For the time period from April 1, 1981, to March 31, 1986, the petitioner didn't get the license. Instead, it was given to Ra... | 1,286 |
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... | The worker quit their job at the company on May 24, 1983, after working there since April 1944.
The company didn't figure out how much gratuity (a type of payment after leaving a job) the worker should get.
The worker asked for the gratuity payment. Because the company didn't do anything, the worker asked the governmen... | 6,550 |
Civil Appeal Nos. 840 to 860 of 1975. From the Judgments and orders dated 7 5 74, 27 8 74, 2 9 74 and 10 9 74 of the Punjab and Haryana High Court in Civil Writ Nos. 1133, 1118, 1180, 1208, 1225, 1226, 1231, 1238, 1277, 1251,1352/74 and 1188, 1198, 1221/74 and L.P.As. Nos. 395 and 399 of 1974 respectively and Writ Peti... | On the strength of entries in the (wajib ul arz) (village administration papers) of some villages the State Government considered itself to be the owner of saltpetre deposits.
By a notification it declared saltpetre as a minor mineral and auctioned the mines in accordance with the Punjab Minor Minerals Con Cessions Rul... | Based on records from villages, the State Government believed it owned saltpetre (a mineral used in fertilizer and explosives) deposits.
The government then announced that saltpetre was a "minor mineral." They auctioned off the rights to mine it, following rules from 1964. These rules were created under a 1957 law abo... | 5,626 |
Appeal No. 1103 of 1955. Appeal from the order dated August 9, 1963 of the Andhra Pradesh High Court in Writ Petition No. 431 of 1961. D. Natsaralu, A. Subba Rao and K. Javaram, for the appellant. B. Parthasarathy, for respondent No. 1. 625 T. Satyanarayana, for respondent No. 2. The Judgment of the Court was delivered... | The appellant claimed that certain property comprised in an Inam which was abolished by virtue of the Andhra Inams (Abolition & Conversion into Ryotwari) Act 36 of 1956 should be registered in his name.
His contention was that prior to its abolition he was the Inamdar of that Inam though he had the liability to repair ... | The person appealing the case said that land that was part of an "Inam" (a type of land grant) should be registered in his name. This Inam was ended by a law called the Andhra Inams Act of 1956.
He argued that before the Inam was ended, he was the Inamdar (the person who controlled the Inam). He had to repair a water ... | 2,907 |
Civil Appeals Nos. 848 850 of 1977. From the Judgment and Order dated 16 7 1976 of the Kerala High Court in W.A. Nos. 910, 194 and 253/75. AND CIVIL APPEAL Nos. 666 669 of 1978. From the Judgment and decree dated 8 6 1977 of the Kerala High Court in W.A. Nos. 364 365, 472 and 473 of 1975. P. Govindan Nair and K. R. Nam... | The Cochin Town Planning Act in particular contemplates the creation of a town planning trust, the preparation of town planning schemes (section 12) acquisition of lands in this behalf (section 32) compensation for such compulsory taking (section 34) and modifications in the manner of acquisition and the mode of compen... | The Cochin Town Planning Act is about creating a town planning group, making town plans (section 12), getting land for these plans (section 32), and paying people for that land (section 34). It also talks about changing how land is taken and how people are paid under the Kerala Land Acquisition Act.
Some people filed ... | 5,769 |
Appeal No. 298 of 1955. Appeal from the judgment and order dated April 28, 1953, of the Patna High Court in Appeal from Original Order No. 90 of 1949, arising out of the judgment and order dated January 25, 1949, of the Sub Judge, Purnea, in Misc. Case No. 54 of 1947. Sir lqbal Ahmad, section N. Andley, J. B. Dadachanj... | The respondent, who owned landed properties at Banaras in Uttar Pradesh and at Purnea in Bihar, was heavily indebted and applied to the Collector, Banaras under section 4 of the U. P. Encumbered Estates Act, 1934, for, liquidation of his debts.
The Collector, acting under section 6, forwarded the application to the Spe... | A person who owned land in Uttar Pradesh and Bihar owed a lot of money. He asked the Collector (a government official) in Banaras to help him pay off his debts, as allowed by a law called the U. P. Encumbered Estates Act of 1934.
The Collector then sent the request to a Special Judge, as the law required. On March 21,... | 4,098 |
o. 189 of 1971. Appeal under Section 116 A of the Representation of the People Act, 1951 from the judgment and order dated January 8, 1971 of the Madras High Court in Election Petition No. 1 of 1970. V. P. Raman and Vineet Kumar, for the appellant. Jagdish Swarup, Socilitor General of India, B. D. Sharma and section P.... | The respondent challenged the appellant selection to the Madras Legislative, Council from the Madras District Graduates ' Constituency on the grounds, (1) that, the purpose of article 171 of the Constitution was to confer a right of functional representation upon persons possessing certain educational or other qualific... | The person who brought the case argued that the election of the appellant (the person who won the election) to the Madras Legislative Council was wrong. The election was from the Madras District Graduates' Constituency. The reasons were: (1) Article 171 of the Constitution was meant to give people with certain educatio... | 2,226 |
Civil Appeals Nos. 805, 806 and 972 977 of 1973 From the judgment and decree dated the 8th June 1971 and 23rd November 1971 respectively of the High Court of Andhra Pradesh at Hyderabad in Appeal Suit Nos. 766 of 1968, 18 of 1969, 779, 780, 782 to 785 of 1968, respectively. 776 F. section Nariman, J. V. K. Gurunathan, ... | Under section 3 of the , the respondent passed the Andhra Pradesh Procurement (Levy) order 1959, requiring every miller and dealer of rice (including the appellants) to sell to the respondent certain specified varieties and quantities of rice at controlled price on requisition being served on him.
Clause 2(a) of the or... | According to section 3 of the law, the person in charge said that all rice millers and dealers (including the people appealing this case) had to sell certain types and amounts of rice to the government at a set price. The government would send them an order to do so.
Clause 2(a) of the order said that "controlled pric... | 3,843 |
Appeal No. 1743 of 1967. Appeal by Special Leave from the judgment and Decree dated 15th October, 1958 of the Patna High Court in Appeal from Appellate Decree No. 552 of 1953. V. section Desai and D. Goburdhan, for the appellants. Sarjoo Prasad, R. K. Jain and E.C. Agarwal, for respondents Nos. 2 to 12. The Judgment of... | A made a will giving life interest in his properties to three daughters in law '.
After the death of the three ladies, half share of the property was to go to two daughters of one of the daughters in law and the other half to one S, collaterally related to A. S was appointed as one of the executors of the will.
One of ... | A made a will, giving his daughters-in-law the right to use his property for their lives.
After the daughters-in-law died, half of the property would go to two daughters of one of the daughters-in-law. The other half would go to S, a distant relative of A. S was chosen to be one of the people in charge of carrying out... | 633 |
Appeals Nos. 1235 to 1237 of 1966:. Appeals from the judgment and decree dated September 20, 1963 of the Kerala High Court in Appeal Suit No. 304 of 1962. Rameshwar Nath, Mahinder Narain and Swaranjit Sodhi, for ' the appellants (in C.A. No. 1235 of 1966) and respondent No, 11 (in C.As. Nos. 1236 and 1237 of 1966). K. ... | Defendant No. 1 was the Sthanee of Kavalappara estate which was an impartible estate governed by Marumakkathayam law.
The plaintiffs claimed maintenance based on a family custom entitling the members to maintenance out of the entire income of the Sthanam.
Past maintenance was claimed as also future maintenance from the... | Defendant No. 1 was the leader of the Kavalappara estate. This estate could not be easily divided and followed special family laws.
The people who brought the case (the plaintiffs) said they should get money regularly. They claimed it was a family custom that all members got money from the estate's income.
They asked... | 3,957 |
Civil Appeal No. 2994 of 1979. Appeal by Special Leave from the Judgment and Decree dated 11 7 1979 of the Patna High Court in Civil Writ Petition No. 1936 of 1979. Dr. Y. section Chitale and P. P. Singh for the Appellant. R. B. Datar and Miss A. Subhashini for the Respondent. The Collector of Central Excise & Customs,... | The appellant was selected for and appointed in a temporary vacancy of Inspector of Central Excise, as he was found to be a "sportsman who has represented the Universities in the Inter University Tournament conducted by the Inter University Sports Board".
He joined duty and continued therein.
On 30 4 1976 the Assistant... | The person appealing the case was chosen for a temporary job as an Inspector for Central Excise. This was because he was considered a "sportsman" who had played for his university in a tournament run by the Inter University Sports Board.
He started working and continued in the job. On April 30, 1976, the Assistant Col... | 4,371 |
Appeals Nos. 2382 2384 of 1966. Appeals from the judgment and orders dated October 6, 1966 of the Mysore High Court in Writ Petitions Nos. 1056, 1607 and 1298 of 1966, section T. Desai, section C. Javali and Vineet Kumar, for the appellant (in all the appeals). M. M. Ramamurthi and Shyamala Pappu, for respondent No. 1 ... | On June 11, 1965, the Standing Committee of the Raichur Municipal Council resolved to levy octroi duty according to Sch.
II under section 94 of the Mysore Municipalities Act, 1964.
It was recited in the resolution that the confirmation of the general body be obtained.
The general body unanimously approved the resolutio... | On June 11, 1965, the Raichur Municipal Council decided to charge an octroi duty (a tax on goods entering the city) based on a list called Sch. II. This was done under section 94 of the Mysore Municipalities Act, 1964 (a law about local governments). The decision said they needed approval from the general body (the mai... | 2,110 |
Civil Appeal No. 691 of 1970. Appeal by Special Leave from the Judgment and Order dated 12 8 1969 of the Mysore High Court in Civil Revision Petition No. 1322 of 1967. section section Javali, M. Veerappa and J. R. Das for the Appellant. section C. Javali, P. G. Gokhale and B. R. Agarwala for the Respondents. The Judgme... | Section 25(ii) of the Bombay Agricultural Debtors ' Relief Act, 1947 provides that nothing in section 24 shall apply to any bona fide transferee for value without notice of the real nature of such transfer or his representative where such transferee or representative holds under a registered deed executed on or before ... | Section 25(ii) of the Bombay Agricultural Debtors' Relief Act, 1947, says that section 24 doesn't apply to someone who honestly bought land, didn't know about any hidden issues with the sale, and has a registered deed from February 15, 1939, or earlier. This also applies to anyone who inherited the land from that perso... | 3,636 |
: Criminal Appeal Nos. 343 and 446 of 1988. 503 From the Judgment and Order dated 8.4.1988 of the Patna High Court in Crl. A. No. 140 of 1987 and Death Ref. No. 3 of 1987 and Crl. A. No. 136 of 1987. R.K. Garg, Salman Khurshid, Rakesh Luthra, Irshad Ahmad, Vinayak D. Phadke, Mrs. Bimla Sinha and Gopal Singh for the App... | Accused Nos. 1 to 6, constituting an unlawful assembly the common intention of which Was to kill Baharan Mian, came to his house armed with deadly weapons.
Baharan Mian, appre hending trouble, ran inside Co arm himself but his wife prevented him from coming out again.
At that time, Baharan Mian 's two infant daughters,... | Accused people 1 through 6 were part of an illegal group. Their goal was to kill Baharan Mian, and they came to his house with dangerous weapons.
Baharan Mian thought there would be trouble, so he ran inside to get a weapon. But his wife stopped him from going back outside.
At that time, Baharan Mian's two young daught... | 6,420 |
Appeal No. 90 of 1956. Appeal by special leave from the judgment and decree dated August 5, 1953, of the Bombay High Court in Appeal from the Appellate Decree No. 915 of 1951. M. section K. Sastri, for the appellant. A. G. Ratnaparkhi, for respondent No. 1. 1961. April 12. The Judgment of the Court was delivered by RAG... | The land in suit was Khoti land land section 9 of the Khoti Settlement Act, 1880, prior to its amendment prohibited the. transfer of the occupancy right without the consent of the Khot.
Section 31 of the Bombay Tenancy Act, 1939, which came into force from April 1946, amended section 9 of the Khoti Settlement Act by wh... | This case involves land that was Khoti land. A law called the Khoti Settlement Act of 1880 said you couldn't transfer the right to live on and use the land without the Khot's (landowner's) permission.
Later, in 1946, another law called the Bombay Tenancy Act of 1939 changed the old law. Now, you didn't need the Khot's... | 3,664 |
riminal Appeals Nos. 65 and 66 of 1952, 5 and 19 of 1953 and Petitions Nos. 170 of 1952, 19 and 57 of 1953. Appeals from Orders, dated the 9th April, 1952, of the High Court of Judicature at Bombay in Criminal Applications Nos. 707 and 708 of 1951, from the Judgment and Order, dated the 15th December, 1952, of the High... | Held, (Per MEHR CHAND MAHAJAN 0.
J., MUKEMRJFA, ViviAN BosE and GHULAM HASAN JJ. ; section R. DAs J. dissenting) that section 7 of the Influx from Pakistan (Control) Act, 1949 is void under article 13(1) in so far as it conflicts with the fundamental eight of a citizen of India under art.19(1) (a) of the Constitution a... | The court decided (with Justices MEHR CHAND MAHAJAN, MUKEMRJFA, VIVIAn BOSE, and GHULAM HASAN in agreement, and Justice R. DAS disagreeing) that section 7 of the Influx from Pakistan (Control) Act, 1949 is not valid. This is because it goes against Article 13(1) of the Constitution. It also violates the basic right of ... | 3,200 |
Appeal No, 110 of 1960. Appeal by special leave from the judgment and decree dated April 13, 1956, of the former Nagpur High Court in F.A. No. 99 of 1947. Naunit lal, for the appellants. B. A. Masodkar, B. D. Najbile and Ganpat Rai, for the respondents. September 12. The judgment of the Court was delivered by GAJENDRAG... | The appellants are Lambardars of Mahal No.2 of Mouza Gujarkhedi, and they held therein an undivided share of As.
/II / and as they were found in arrears of land revenue to the extent of Rs. 730/13/ , the property was sold for Rs. 600/ but the sale proclamation recited the amount of arrears due as Rs. 1345 9 0 and that ... | The people appealing this case, called Lambardars, owned a share of land. They owed about 730 rupees in unpaid land taxes. The land was sold for 600 rupees because of this debt. However, the notice about the sale said they owed about 1345 rupees, and that the sale was to pay back that larger amount.
The Lambardars arg... | 2,890 |
il Appeal No. 1102 of 1966. Appeal from the judgment and order dated December 27, 1965 of the Jammu and Kashmir High Court in W. P. No. 67 of 1965. C.K. Daphtary, Attorney General, section V. Gupte, Solicitor General, Jaswant Singh, Advocate General for the State of J. & K. H. R. Khanna; section Javali, Ravinder Narain... | The first respondent became a member of the Council of Ministers of the State of Jammu and Kashmir in 1947 and was the Prime Minister of the State from 1953 'to January 1963, when he resigned.
Thereafter a Notification was issued by the State Government under section 3 of the Jammu and Kashmir Commission of Inquiry Act... | The first person in this case became a member of the government in Jammu and Kashmir in 1947. He was the Prime Minister of the state from 1953 until he quit in January 1963.
After that, the state government made an order under a law called the Jammu and Kashmir Commission of Inquiry Act of 1962. This order set up a Co... | 3,336 |
ppeals from" judgments and decrees of the High Court of Judicature at Calcutta dated 25th August, 1943, in First Appeals Nos. 20 and 173 of 1939 which arose out of a decision of the President of the Calcutta Improvement Tribunal in Case No. 95 of 1935. Civil Appeals Nos. 95 and 96 of 1949. Panchanan Ghose (Upendra Chan... | Where the issue is whether there was legal necessity for a particular transaction, if all the original parties to the transaction and those who could have given evidence on the relevant points have passed away, a recital consisting of the principal circumstances of the case assumes greater importance and cannot be ligh... | If a legal case involves deciding if a deal was absolutely necessary, and all the people involved or who knew about it are dead, then a written summary describing the situation becomes very important. It can't be easily dismissed.
This idea is supported by the Banga Chandra Dhar Biswas vs Jagat Kishore Chowdhuri case.... | 5,943 |
Civil Appeal No. 1462 of 1971. Appeal by special leave from the Judgment and Order dated 16th April 1971 of the Patna High Court in Tax Case No. 76/68. A. K. Sen, section T. Desai, Somen Bose, D. N. Mukherjee and K. N. Jain, for the appellant. V. section Desai and B. P. Singh for the Respondent. The Judgment of the Cou... | Under section 3(1) and (2) of the Bihar Taxation on Passengers and Goods (Carried by Public Services Motor Vehicles) Act, 1961, every owner shall pay to the State Government a tax on all passengers and goods carried by a public motor vehicle.
Under section 2(d), 'owner ' means not only the owner of the specified type o... | Under sections 3(1) and (2) of a Bihar law from 1961 about taxes on passengers and goods in public vehicles, every owner must pay the government a tax on all passengers and goods carried in their public vehicle.
According to section 2(d) of the same law, an "owner" is not just the person who owns the vehicle. It also ... | 5,529 |
Appeal No. 409 of 1966. Appeal by special leave from the judgment and order dated July 5, 1963, of the Gujarat High Court in Special Civil Application No. 827 of 1961. R. Gopalakrishnan, for the appellant. G. L. Sanghi, section K. Dholakia and R. N. Sachthey, for the respondent. This is an appeal by special leave from ... | The appellant originally joined the service of the State of Junagadh in 1934 and was after the merger of that State in Saurashtra confirmed in September, 1956 as an executive engineer in the service of the latter State.
Rule 3(i) of the Saurashtra Covenanting States Servants (Superannuation age) Rules 1955 provided : "... | The person appealing this case (called the appellant) started working for the State of Junagadh in 1934. After Junagadh joined with Saurashtra, he became a certified executive engineer for Saurashtra in September 1956.
A rule called Rule 3(i) of the Saurashtra Covenanting States Servants (Superannuation age) Rules 195... | 5,775 |
Appeal No. 326 of 1957. Appeal by special leave from the judgment and order dated February 16, 1955, of the Orissa High Court in N. J. C. No. 117 of 1951. C. K. Daphtary, Solicitor General of India, K. N. Rajagopal Sastri, R. H. Dhebar and D. Gupta, for the appellants. Rameshwar Nath, section N. Andley and J. B. Dadach... | The respondents, who were non residents carrying on business at Secunderabad within the territories of the Nizam of Hyderabad, were acting as agents of two firms in Bombay and Madurai, in British India, for the supply of certain goods to the Nizam 's Government.
In respect of the Commission due to the respondents by th... | Some business owners lived in Secunderabad, which was ruled by the Nizam of Hyderabad. They were agents for companies in Bombay and Madurai, which were part of British India. They helped these companies sell goods to the Nizam's government.
The agreement was that the business owners would be paid their commission (mon... | 743 |
l Appeals Nos. 1302 to 1906 of 1968. 752 Appeals by special leave from the judgment and orders dated September 26, 27 and 29, 1967 of the Mysore High Court in Writ Petitions Nos. 907, 1004, 1005, 1175 and 1245 of 1967. Jagadish Swarup, Solicitor General, C. R. Somasekharan 'and R. B. Datar for the appellants (in all th... | The first respondent was the owner of some buildings within the appellant Municipality.
The appellant was governed by the Madras District Municipalities Act,, 1920, till April 1, 1965, when the Mysore Municipalities Act, 1964 came into force and thereafter by the Mysore Act.
For the year 1966 67 the appellant issued no... | The first person in this case owned some buildings in the town managed by the appellant.
The appellant (the town government) used to follow the Madras District Municipalities Act from 1920. On April 1, 1965, they switched to the Mysore Municipalities Act from 1964.
For the year 1966-67, the appellant sent out bills f... | 3,348 |
N: Criminal Appeal No. 193 of 1979. From the Judgment and Order dated 23 1 1979 of the Gujarat High Court in Special Criminal Application No. 8/79. P. H. Parekh and M. Mudgol for the Appellant. N. M. Phadke, section P. Nayyar and M. N. Shroff for the Respondent. The Judgment of the Court was delivered by CHINNAPPA REDD... | In Ashok Murlidhar vs State of Gujarat a Division Bench of the High Court thought that this Court in Hardhan Saha & Anr.
vs The State of West Bengal & Ors., ; laid down that where a person was sought to be detained preventively the possibility of a prosecution being launched was an irrelevant consideration which need n... | In the case of Ashok Murlidhar vs State of Gujarat, a group of judges at the High Court thought that a previous case, Hardhan Saha & Anr. vs The State of West Bengal & Ors., said that when someone might be held to prevent them from doing something wrong (preventive detention), whether they could also be charged with a ... | 1,492 |
l Appeal No. 61 of 1951. Appeal from the Judgment and Decree dated the 10th November, 1944. , of the High Court of Judicature at Lahore in Civil Regular First Appeal No. 259 of 1942, arising out of the Judgment and Decree dated the 29th July, 1942, of the Court of the Extra Assistant Settlement Officer and Assistant Co... | Held, that an entry regarding agreement in a Wajib ul arz holds good during the currency of the Settlement and does not survive the expiry of the period of Settlement.
Hira and Others vs Muhamadi and Others (16 P.R. 1915 at P. 89), Allah Bakhsh and Others vs Mirza Bashir ud Din and Others and Lieut.
Chaudhri Chattar Si... | The court decided that a statement about an agreement in a Wajib-ul-arz (a record of rights) is valid only while the land settlement is in place. It doesn't remain in effect after the settlement period ends.
This decision is supported by previous court cases, including Hira and Others vs Muhamadi and Others, Allah Bak... | 5,189 |
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 ... | The court decided that, based on the traditional rules in the Gurdaspur District of Punjab for the Gill Jat people of Gillanwali village, adopting a relative who is an eighth-degree relative is allowed.
The rule that says "only close relatives can be adopted" in the Gurdaspur District's traditional law is a suggestion... | 4,828 |
N: Criminal Appeal No. 690 of 1982 etc. From the Judgment and order dated 20.5.1982 of the Patna High Court in Criminal Appeal No. 329 of 1980. R.K. Garg, R.K. Jain, Rajendra Singh, S.N. Jha, R.P. Singh, Rakesh Khanna, Md. Israeli and Ranjit Kumar for the Appellants. Pramod Swaroop and Mrs. G.S. Misra for the Responden... | % The prosecution case as appearing from the Fardbeyan or the FIR lodged by P.W. 3, a social worker was that on 12.12.1987 at about 7.00 A.M. he was going to his brother in law and just as he reached the main gate of the Sadar Hospital, he saw seven persons: (1) Hare Krishna Singh.
(2) Sheo Narain Sharma, (3) Ram Kumar... | The prosecution's case, based on the police report (called an FIR) filed by a social worker, stated that on December 12, 1987, around 7:00 A.M., the social worker was going to see his brother-in-law. As he got to the main gate of the Sadar Hospital, he saw seven people. These included Hare Krishna Singh, Sheo Narain Sh... | 1,406 |
Civil Appeal No. 570 of 1976. Appeal by Certificate from the Judgment and Order dated 9.2.1976 of the Madras High Court in Tax Case No. 104 of 1969. T.A. Ramachandran, P.N. Ramaligam and A.T.M. Sampath for the Appellant. 628 V.Gauri Shanker, Manoj Arora, section Rajappa and Ms. A.Subhashini for the Respondent. The Judg... | The Appellant Assessee, a partnership firm was engaged mainly, in Malaya, in money lending business since 1949 and incidental to this business was also doing the business of sale and purchase of house properties, gardens and estates.
It was reconstituted under a deed dated 26.3.1960.
The firm was dissolved on 13.3.1961... | The company appealing the case, a partnership, was mainly in the money lending business in Malaya since 1949. They also bought and sold houses, gardens, and land as part of their business.
The partnership was changed under an agreement made on March 26, 1960.
The partnership ended on March 13, 1961, and they closed t... | 4,848 |
145 and 149 to 158 of 1959. Writ Petition under article 32 of the Constitution of India for enforcement of Fundamental Rights. Sardar Bahadur, for the petitioners. C. K. Daphtary, Solicitor General of India, R. Ganapathy Iyer and T. M. Sen, for the respondents. March 30. The Judgment of the Court was delivered by WANCH... | The Madras Sales of Motor Spirit Taxation Act (Mad. VI of 1939) was made applicable to the, State of Andhra Pradesh by the Madras Sales of Motor Spirit Taxation (Andhra Pradesh Extension and Amendment) Act (Andhra Pradesh V of 1958).
The purpose and object of the Act was to levy and collect tax on retail sales of motor... | The Madras Sales of Motor Spirit Taxation Act of 1939 was used in Andhra Pradesh because of a law passed in Andhra Pradesh in 1958.
The goal of the Act was to tax the retail sale of gasoline. The person selling the gas was responsible for paying the tax.
To know who owed taxes, the law said dealers had to register. S... | 2,798 |
N: Criminal Appeal No. 623 of 1983. 805 Appeal by Special leave from the Judgment and order dated the 17th January, 1982 of the Calcutta High Court in Crl. Appeal No. 160 of 1977. P. K. Chakraborty for the appellant. G. section Chatterjee for the respondent. The Judgment of the Court was delivered by DESAI, J. Special ... | The appellant, Gopinath Ghosh along with Bharat Ghosh @ Sadhu, and Jagannath Ghosh, was convicted and sentenced to life imprisonment under Section 302 read with Section 34 I.P.C. for having committed the murder of Rabi Ghosh, son of Kartik Ghosh on August 19, 1974.
The High Court in appeal, accepted the plea of the two... | Gopinath Ghosh, along with Bharat Ghosh and Jagannath Ghosh, was found guilty of murder. They were sentenced to life in prison under Section 302 along with Section 34 of the Indian Penal Code (I.P.C.). They were accused of killing Rabi Ghosh, the son of Kartik Ghosh, on August 19, 1974.
In an appeal, the High Court ag... | 987 |
les tax could be imposed retrospectively. Therefore, even though in this case the tax was levied retrospectively by a validation ordinance, the respondent would be deemed to have entered the trade and carried it on the basis that it would be liable to pay sales tax. [571 D] 569 (b) Even assuming that the respondent car... | The sales tax authorities levied tax on the sales of liquor effected by the respondent who was a wholesaler in that commodity.
Impugning the levy, the respondent contended in the High Court that when it sold liquor against permits issued by the authorities there was no volition because the price and the quantity of goo... | The state's tax people charged a tax on the liquor sales of a wholesaler.
The wholesaler disagreed with the tax. They argued in court that when they sold liquor using permits from the government, they didn't have a choice. The price, amount, and buyer were all set. Because of this, they said it wasn't really a sale un... | 4,807 |
minal Appeal No. 116 of 1964. Appeal by special leave from the judgment and order dated December 20, 1963 of the Punjab High Court in Criminal Revi sion No. 824 of 1963. K.Baldev Mehta, G. D. Gupta and Indu Sani, for the appel lant. Bikramjit Mahajan and R. N. Sachthey, for the respondent. 441 The Judgment of the Court... | J had authorised the appellant a clerk under him, to withdraw moneys from Bank for payments to different persons.
J, discovering that the moneys were not paid to persons concerned, lodged a report.
The appellant admitted to have withdrawn the moneys, but stated that he had handed them over to J, and made entries in the... | J had allowed the appellant, who was a clerk working for him, to take money from the bank to pay different people.
J found out that the money was not given to the right people and reported it.
The appellant admitted he took the money but said he gave it to J. He also said he wrote in the register that the money was pai... | 3,307 |
iminal Appeals Nos. 75, 100 and 101 of 1963. Appeals from the judgment and order dated February 27, 28, 1963 of the Bombay High Court in Criminal Appeal No. 1077 of 1962. section G. Patuwardhan and A. G. Ratnaparkhi for the appellant(in Cr. A. No. 75 of 1963). B. B. Tawakley, Harbans Singh and A. G. Ratnaparkhi, for th... | The appellants were convicted by the High Court for com mitting three murders.
In this case the High Court considered the testimony of one "Parwati", given by her in the committing court.
She was in eye witness of the occurrence according to her testimony in the committing court.
In the sessions court she resiled from ... | The people appealing the case were found guilty of three murders by the High Court.
In this case, the High Court looked at the testimony of a woman named Parwati. She had given this testimony in an earlier court hearing.
She claimed to have seen the murders happen, according to what she said in that earlier court.
B... | 2,729 |
ivil Appeal No. 673 of 1986. From the Judgment & Order dated 17.2.1986 of the Madhya Pradesh High Court in Election Petition No. 41 of 1985. S.S. Khanduja, Y.P. Dhingra and B .K. Satija for the Appel lant. Mrs. J. Wad for the Respondent. The Judgment of the Court was delivered by KASLIWAL, J. This appeal under Section ... | Election to the Legislative Assembly of the State of Madhya Pradesh was held in February, 1985.
For Constituency No. 14 Lahar (Distt.
Bhind) nomination papers were filed before 6th February, 1985 and scrutiny done on February 7, 1985.
During the scrutiny the nomination paper of Ramprakash who was one of the candidates ... | In February 1985, there was an election for the Legislative Assembly in Madhya Pradesh.
For voting area number 14, Lahar (in Bhind district), people running for office had to file their papers by February 6, 1985. These papers were checked on February 7, 1985. During this check, the election official (called the Retur... | 5,243 |
Appeal No. 328 of 1960. Appeal from the order dated March 4, 1958, of the Punjab High Court, Chandigarh, in Civil Reference No. 29 of 1952. A. V. Viswanatha Sastri, R. Ganapathy Iyer and G. Gopalakrishnan, for the appellant. Hardyal Hardy and D. Gupta, for the respondent. December 6. The Judgment of the Court was deliv... | The assessee, an electricity supply undertaking, received certain sum of money for new service connections granted to its customers.
Part of this amount was spent for laying mains and service lines.
The Income tax Officer treated the entire amount as trading receipt.
In appeal the Appellate Assistant Commissioners excl... | A company that provides electricity received money when it connected new customers to its service.
The company spent some of this money to install power lines and connections. The tax officer said all the money received was regular business income.
When the company appealed, the appeals officer said the cost of insta... | 6,087 |
N: Criminal Appeal No. 169 of 1978. From the Judgment and order dated 10.11.1975 of the Gujarat High Court in Criminal Revision Application No. 273 of 1975. V.C. Mahajan, Mrs. Indira Sawhney and Miss. A. Subhashini for the Appellants. 453 G.A. Shah, Anil K. Naurya, K.L. Hathi Miss Madhu Moolchandani, Vimal Dave and M.N... | % Respondents 1 to 3 were prosecuted for an offence punishable under section 111 read with section 135 of the Customs Act, 1969, on the basis of recovery of primary gold from their house.
Respondent No. 3 was convicted and respondents Nos. 1 & 2 were acquitted.
Later, the same persons were sought to be prosecuted under... | Respondents 1 to 3 were charged with a crime under the Customs Act of 1969. This was because the police found gold in their house.
Respondent No. 3 was found guilty, but respondents Nos. 1 & 2 were found not guilty.
Later, the government wanted to charge the same people under the Gold (Control) Act of 1968. This was ... | 3,672 |
IN Writ Petition Civil Nos. 348 352 of 1985. (Under Article 32 of the Constitution of India). Kapil Sibbal, Additional Solicitor General, Madan Lokur, Ms. Shobha Dikshit, Gopal Subramaniam and Ms. A. Subhashini (NP) for the appearing parties. Pramod Swarup for the Intervener and R.K. Mehta (NP) for the State of Orissa.... | In Dr. Pradeep Jain vs Union of India, ; the Court had laid down a scheme of admission to medical colleges in graduate and post graduate courses.
By its order dated September 1987 in a miscellaneous petition the Court made certain specific directions for the sake of bringing about uniformity in post graduate medical te... | In the case of Dr. Pradeep Jain versus Union of India, the court created a plan for getting into medical schools for both undergraduate and graduate programs.
In September 1987, the Court gave specific instructions to make graduate medical teaching more consistent. They allowed five years, until 1992, to make these ch... | 4,107 |
N: Criminal Appeal Nos. 346 and 387 of 1975. Appeals by Special Leave from the Judgment and Order dated 6 8 75 of the Bombay High Court in Criminal Appeal No. 1005 and 1006 of 1973. Lalit Chari, P. R. Guna, A. K. Srivastava and Vineet Kumar for the Appellant in Crl. A. No. 387/75. R. L. Kohli, P. P. Rao, R. C. Kohli an... | Both the appellants were officers of Indian Oil Corporation.
The Corporation invited tenders from experienced contractors for rock cutting, filling and levelling of certain land acquired by it.
On the notified date it opened the tenders received from eleven contractors.
But in the meantime since it made a change in the... | The two people appealing this case were officers of Indian Oil Corporation.
The company asked for bids from contractors who had experience cutting rock, filling land, and leveling land that the company had bought.
On the day they said they would, the company opened the bids they got from eleven contractors.
But beca... | 3,777 |
Civil Appeal No. 5047 (NT) of 1985. From the Judgment and Order dated 17.7. 1985 of the Allahabad High Court in Sales Tax Revision No. of 1985. Madan Lokur for the Appellant. Ashok K. Srivastava for the Respondent. M/s. D.H. Brothers Pvt. Ltd., a registered dealer under the U.P. Sales Tax Act, is engaged in the sale of... | The appellant, a registered dealer under U.P. Sales Tax Act, 1948 has been selling machinery including sugarcane crusher.
The State Government was issuing Notifications from time to time exempting agricultural implements from the levy of sales tax.
The State Government by its Notification dated 14.11.1980 amended the l... | The person appealing, a registered seller under the U.P. Sales Tax Act of 1948, was selling machines, including sugarcane crushers.
The state government kept issuing official notices that excused farming tools from sales tax.
In an official notice dated November 14, 1980, the state government changed the list and nam... | 3,633 |
iminal Appeal No. 09 of 1966. Appeal by special leave from the judgment and order dated November 24, 1965 of the Bombay High Court in Criminal Revi ion Application No. 232 of 1965. 194 A.S. R. Chari, N. C. Maniar, P. C. Bhartari and J. B. Dada. chanji, for the appellant. G. L. Sanghi and section P. Nayyar, for responde... | The appellant along with certain others was tried for the offence of entering into a conspiracy to cheat the income tax authorities in respect of the income tax assessment of a firm.
The prosecution levelled against him a charge inter alia, of the offence under section 420 I.P.C.
The appellant raised before the Special... | The person appealing (called the appellant) was on trial with others for planning to trick the income tax people about a company's income tax.
The prosecution (the lawyers trying to prove guilt) charged him with a crime under section 420 of the Indian Penal Code (I.P.C.). This law deals with cheating and dishonestly ge... | 1,058 |
Appeal No. 846 and 1343 of 1972. Appeal by special leave from the judgment 'and order dated November 22, 1971 of the Delhi High Court in S.A.0. No. 83 D of 1965 And Civil Appeal No. 1343 of 1973 Appeal by Special leave from the judgment and order dated November 22, 1971 of the Delhi High Court in SAO No. 239 D of 1965.... | The respondents were landlords of two houses in the Karol Bagh area of Delhi.
The houses were built on lands given on long lease by the Delhi Improvement Trust to the rights, liabilities and assets.
of which the Delhi Development Authority subsequently succeeded.
Under the terms of the leases the buildings erected on t... | The landlords owned two houses in Delhi.
The houses were on land leased to them by the Delhi Improvement Trust.
Later, the Delhi Development Authority (DDA) took over the Trust's responsibilities.
The leases said the buildings could only be used for homes.
If they were used for anything else without permission, the lea... | 1,632 |
il Appeals Nos. 751 of 1957 and 10 of 1958. Appeal from the judgment and order dated December 7, 1956, of the Calcutta High Court in Matters Nos. 29 and 58 of 1956. M. C. Setalvad, Attorney General of India, C. K. Daphtary, Solicitor General of India, Sukumar Mitra, Sankar Ghosh and B. N. Ghosh, for the appellants in C... | The appellant companies which were carrying on business in Calcutta in petroleum and petroleum products maintained supply depots at Dum Dum Airport from which motor spirit for B the purposes of aviation was sold and delivered to aircraft which either proceeded to foreign countries directly from that Airport or did so u... | Some companies in Calcutta sold petroleum products at Dum Dum Airport to airplanes. These planes either flew directly to other countries or stopped in India first.
Dum Dum Airport followed customs rules, like any airport where planes arrive or leave.
West Bengal wanted to tax the sale of these petroleum products unde... | 6,836 |
Appeal No. 498 of 1958. Appeal from the judgment and order dated February 11, 1955, of the Andhra Pradesh High Court in T. R. C. No. 120 of 1953 arising out of the judgment and order dated December 29, 1952, of the Sales Tax Tribunal, Madras, in Tribunal Appeal No. 857 of 1951. A. V. Viswanatha Sastri, M. Ranganatha Sa... | The appellant purchased groundnuts out of which it manu factured groundnut oil ; it also refined the oil and hydrogenated it converting it into Vanaspati.
It sold the oil in all the three states.
Under the Madras General Sales Tax Act, 1939, and the Turnover and Assessment Rules, for determining the taxable turnover th... | The company bought peanuts and used them to make peanut oil. They also cleaned the oil and changed it into a solid form called Vanaspati.
They sold the oil in three states.
According to the Madras General Sales Tax Act (a law about sales tax), the company could subtract the price of the peanuts from the money they made... | 3,238 |
Special Leave Petition (Civil) Nos. 4973/89 and 12763/89. From the Judgment and Order dated 31.1.1989 of the Kerala High Court in O.P. No. 3218/88 and dated 25.3.82 of the Income Tax Appellate Tribunal, Cochin in I.T.A. No. 302/Coch/1977 78. K.K. Venugopal and K.R. Nambiar for the Petitioner. Soli J. Sorabjee, Attorney... | On November 11, 1968 the Petitioner was apprehended carrying contraband gold in a Maruti Car driven by him.
He was taken into custody and the seized gold was confiscated.
For the assessment year 1960 70 the Petitioner had filed a return declaring total income of Rs.9,571.
In finalising the assessment the Income Tax Off... | On November 11, 1968, the person involved (called the Petitioner) was caught with illegal gold in a Maruti car he was driving.
He was arrested, and the gold was taken away.
For the tax year 1969-70, the Petitioner had filed a tax form saying his total income was about $1,200.
When figuring out the final tax amount, th... | 3,641 |
Civil Appeal No. 137 of 1953. Appeal from the judgment and decree dated the November 30, 1951, of the former Pepsu High Court in R. section Appeal No. 49 of 1948 against the judgment and decree dated the May 1, 1948, of the Court of the District Judge, Patiala, in Civil Appeal No. 22 of 1946 47, arising from the judgme... | On the death of R, a Hindu jat, in April or May, 1920, the widow of his pre deceased son, H, took possession of the properties and on August 24, 1920, obtained a mutation of the settlement records showing her as the owner of the lands in the place of R. A gift of half of the properties by H to her daughter K 949 gave r... | When R, a Hindu man, died in 1920, H, the widow of R's son who had already died, took control of R's property. In August 1920, official records were changed to show H as the owner instead of R. Later, H gave half of the land to her daughter, K.
This caused disagreements with other relatives. To settle things, H signed... | 6,233 |
tition (Civil) Nos. 4358 of 1978, 212 213, 760 of 1979 and 6449 of 1980. Under article 32 of the Constitution of India S.N. Kacker and A.T.M. Sampath for the Petitioner in W.P. Nos. 212 213 of 1980. A.K. Sen, A.T.M. Sampath and P.N. Ramalingam for the Petitioner in W.P. No. 760 of 1979. A.T.M. Sampath and P.N. Ramaling... | In Tamil Nadu the levy of the Sales Tax is regulated by the Tamil Nadu General Sales Tax Act, 1959.
In the year 1970 the State Legislature enacted the Tamil Nadu Additional Sales Tax Act, (Act XIV of 1970) with effect from May 28, 1970.
The scheme of section 2 of the Act was to levy the Additional Tax by the process of... | In Tamil Nadu, the Tamil Nadu General Sales Tax Act of 1959 controls how sales tax is collected.
In 1970, the state government passed the Tamil Nadu Additional Sales Tax Act, which started on May 28, 1970.
Section 2 of this law said the Additional Tax would be figured out by adding 10 percent to the tax already owed ... | 3,137 |
Civil Appeal No. 44 of 1950. Appeal from a judgment and decree of the High Court of Bombay (Sen and Dixit JJ.) dated 21st February, 1947, in First Appeal No. 64 of 1943. C.K. Daphtary, Solicitor General (section B. Jutbar, with him) for the appellant. N.C. Chatterjee (N. K. Gamadia, with him) for the respondents. Octob... | In 1865, the Government of Bombay called upon the prede cessor in title of the Corporation of Bombay to remove some markets from a certain site and vacate it, and on the appli cation of the then Municipal Commissioner the Government passed a resolution approving and authorising the grant of another site to the Municipa... | In 1865, the government of Bombay told the company that later became the Corporation of Bombay to move some markets from a piece of land and leave it empty. The city official asked the government to approve giving another piece of land to the city. The government agreed.
The government also said that the city didn't h... | 5,042 |
ition No. 631 of 1980. Under Article 32 of the Constitution.) Ram Jethmalani, M. M. Lodha and Harjinder, Singh for the Petitioner. R. B. Datar, R. N. Sachthey and M. N. Shroff for the Respondents. FAZAL ALI, J. (Vacation Judge) The detenu was detained under sub Section (t) of Section 3 of The Conservation of Foreign Ex... | Allowing the petition, the Court ^ HELD: 1.
Where the detaining authority is satisfied that the grounds are couched in a language which is not known to the detenu, it must see to it that the grounds are explained to the detenu, a translated script is given to him and the grounds bear some sort of a certificate to show ... | The Court agreed with the petition.
The Court said that if the person holding someone knows that the reasons for holding them are written in a language the person doesn't understand, then they must make sure the reasons are explained. They need to give the person a written translation and proof that the explanation wa... | 4,005 |
Appeal No. 456 of 1958. Appeal by special leave from the judgment and order dated May 10, 1957, of the Rajasthan High Court (Jaipur Bench) at Jaipur in D. B. Civil Reference No. 17 of 1956. WITH PETITION No. 87 of 1961. Petition under article 32 of the Constitution of India for enforcement of Fundamental rights. Bishan... | The appellant was held to be an evacuee under section 2(d)(iii) of the Administration of Evacuee Property Ordinance, 1949, and his property was declared to be evacuee property under section 22 (b) of the Administration of Evacuee Property Act, 950, on the ground that he had transferred a substantial portion of his asse... | The person appealing the case was considered an evacuee (someone who left) under a certain law. Because he moved a lot of his belongings to Pakistan, his property was declared "evacuee property" under another law.
The part of the law that matters says: If the Custodian (the person in charge of evacuee property) is sur... | 3,127 |
Appeal No. 1854 of 1992. From the Judgment and Order dated 18.12.1990 of the Kerala High Court in M.F.A. No. 800 of 1990. M.L. Verma, V.J. Francis, V. Subramanian and Padmakumar for the Appellant. P.S. Poti and R. Sasiprabhu for the Respondent. The Judgment of the Court was delivered by MOHAN, J. This appeal by special... | The Respondent Hotel which was also running a Bar for sometime, closed down its business after several years.
Th Inspectors of the appellant Corporation verified the records of the establishment and reported that at certain point of time the employment strength of the establishment including the bar was more than 19.
T... | A hotel that also had a bar closed after running the business for a while.
Inspectors from the Employees State Insurance (ESI) Corporation looked at the hotel's records. They found that at one point, the hotel and bar together had more than 19 employees.
Because of this, the hotel was considered to be covered under the... | 1,695 |
: Criminal Appeal 227 of 1977. Appeal by Special Leave from the Judgment and order dated 17 2 1977 of the Gujarat High Court in Special Criminal Application No. 1 of 1977. M.F. Thakkar and section section Khanduja for the Appellant. B.V. Patel, section P. Nayar and M. N. Shroff for the Respondent. The Judgment of the C... | The term "paper" is described as "paper", including newsprint, paper board and strawboard" in section 2(a) (vii) of the as well as in Item 13 in Schedule I to the Gujarat Essential Articles Dealers (Regulation) order 1971.
By a notification dated July 10, 1975, the Schedule 1 of the Regulation order was recast and more... | The word "paper" includes things like newsprint, paper board, and strawboard. This is stated in section 2(a)(vii) of the Act, as well as in Item 13 in Schedule I of the Gujarat Essential Articles Dealers (Regulation) order of 1971.
On July 10, 1975, the rules were changed, and more items were added to Schedule 1 of th... | 5,341 |
Civil Appeal No. 1985 of 1975. Appeal by Special Leave from the Judgment and order dated the 28th November 1975 of the Andhra Pradesh High Court in Writ Appeal No. 1038 of 1973. M. N. Phadke and B. Kantarao, for the Appellant. V. section Desai K. R. Chaudhury, section L. Setia and Mrs. V. Khanna, for Respondent No. 1. ... | Tribunal If had power to admit evidence beyond the time limited by 57(4).
Rule 15 of the Andhra Pradesh State Transport Appellate Tribunal Rule 1971, states that parties to the appeal or application shall not be entitled to produce additional evidence, whether oral or documentary, before the Tribunal except in cases st... | A court, called a Tribunal, might have the power to accept evidence even if it's given after the deadline.
Rule 15 of the Andhra Pradesh State Transport Appellate Tribunal Rule 1971 says that those involved in an appeal or application can't usually present new evidence (oral or written) to the Tribunal. However, the T... | 281 |
Special Leave Petition (Civil) No. 2545 of 1988. From the Judgment and Order dated 2.2.1988 of the Bombay High Court in Arbitration Petition No. 234 of 1987. G. Ramaswamy, Additional Solicitor General, K.V. Kini, section Bharthari and P.H. Parekh for the Petitioner. K.S. Cooper, D. Karkali, R. Karanjawala and Mrs. M. K... | % This petition for special leave was against the judgment and order of the High Court of Bombay, rejecting the application for revocation of the authority of the respondent No. 1, the sole arbitrator under sections 5 and 11 of the ( 'The Act ').
The petitioner invited tenders for the construction of the terminal build... | This request for special permission to appeal was against a decision by the Bombay High Court. The High Court had refused to cancel the power of the first respondent, who was the only arbitrator (like a judge in this case). The application to cancel the arbitrator's power was made under sections 5 and 11 of a law calle... | 5,996 |
Civil Appeal No. 1376 of 1978. (Appeal by special leave from the judgment and order dated the 1st February, 1978 of the Kerala High Court in M.F.A. No. 53 of 1977) L.N. Sinha, Attorney General, J. M. Joseph, K John and Shri Narain for the Appellant. D C.S. Vaidlyanathan, (A.C.), for the Respondent. The Judgment of the ... | The respondent had an overdraft account with the Erattupetta Branch of the Kottayam orient Bank Ltd. at the foot of which he owed a sum of over Rs. 3000/ to the Bank.
The said Bank which was a 'Banking Company ' as defined in the Banking Regulation Act, 1949, was amalgamated with the appellant Bank with effect from Jun... | The person in this case had an overdraft (borrowed money) account with the Erattupetta Branch of the Kottayam orient Bank Ltd. They owed the bank over 3000 rupees.
This bank was a "Banking Company" as defined by the Banking Regulation Act of 1949. It joined together (amalgamated) with the appellant Bank starting June ... | 2,977 |
Civil Appeal No. 1194 of 1984. Appeal by Special leave from the Judgment and order dated the Ist and 3rd March, 1982 of the Punjab and Haryana High Court in 901 L.P.A No. 188 of 1982 Frank Anthony and Susheel Kumar for the Appellant M.S. Gujaral and S.K. Bagga for the Respondent The Judgment of the Court was delivered ... | Pursuant to a requisition of the Inspector General of Police Punjab to select and recommend suitable persons for the post of Assistant Sub Inspectors of Police against 57 available vacancies And 170 anticipated vacancies likely to occur as a result of expected re organisation of the Police Force by disbandment of the P... | The Inspector General of Police in Punjab wanted to find people for Assistant Sub Inspector jobs. There were 57 open jobs and 170 more expected because the Punjab Armed Police Battalion might be shut down. The person making this appeal, along with others, had interviews and physical tests. A board recommended 144 peopl... | 3,705 |
Civil Appeal No. 89 of 1953. 132 Appeal from the Judgment and Decree dated the 28th day of March, 1949, of the High Court of Judicature at Madras in Appeal No. 654 of 1945, arising out of the Judgment and Decree dated the 23rd day of July, 1945, of the Court of the District Judge, Bellary, in Original Suit No. 17 of 19... | Once it is hold that a possession of a co sharer has become adverse to the other co sharer as a result of ouster, the mere assertion of his joint title by the dispossessed co sharer would not interrupt the running of adverse possession.
He must actually and effectively break up the exclusive possession of his co sharer... | If one co-owner's possession of a property becomes hostile to another co-owner because they've been kicked out (ouster), simply claiming joint ownership won't stop the clock on adverse possession.
The co-owner who was kicked out must really disrupt the other's exclusive control by re-entering the property or taking ba... | 6,257 |
ition (Criminal) Nos. 64 to 70 of 1983. Under article 32 of the Constitution of India Mrs. Urmila Sirur, Sanjeev Puri and Amerdeep Jaiswal for the Petitioners. Harbans Singh and S.K. Bagga for the Respondent. The Judgment of the Court was delivered by TULZAPURKAR, J. In the context of the right of the 'lifers ' (prison... | Paragraph 516 B of the Punjab Jail Manual provided inter alia that after a person sentenced to life imprisonment had undergone detention for the period specified in that paragraph together with remission earned, his case should be submitted to the State Government for consideration of his pre mature release.
In 1971 th... | Paragraph 516 B of the Punjab Jail Manual said that if a person with a life sentence served a certain amount of time, plus any time taken off for good behavior, their case should go to the government. The government would then decide if they could be released early.
In 1971, the government made rules about the minimum... | 5,264 |
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... | The person who won the case (the appellant) asked the court to enforce the court order.
The Sub Divisional Officer, who worked for the Military Engineering Service, had some property belonging to the person who lost the case (the judgment debtor).
The court ordered that the Sub Divisional Officer could not give the pro... | 2,682 |
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