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Appeal No. LXVI of 1949.
Appeal from the High Court of judicature, Bombay, in a reference under section 66 of the Indian Income tax Act, 1022.
K.M. Munshi (N. P. Nathvani, with him), for the appel lant. ' M.C. Setalvad, Attorney General for India (H. J. Umrigar, with him), for the respondent. 1950.
May 26.
The judgment... | The charge created in respect of municipal property tax by section 212 of the City of Bombay Municipal Act, 1888, is an "annual charge not being a capital charge" within the mean ing of section 9 (1) (iv) of the Indian Income tax Act, 199.2, and the amount of such charge should therefore be deducted in computing the in... |
XXIX of 1950.
Application under article 32 of the Constitution of India for a writ of certiorari and prohibition.
The facts are stated in the judgment.
N.C. Chatterjee (B. Banerji, with him) for the petition er.
M.C. Setalvad, Attorney General for India, (section M. Sikri, with him) for the respondent.
May 26.
The judg... | Section 7 (1) (c) of the East Punjab Public Safety Act, 1949, as extended to the Province of Delhi provided that "the Provincial Government or any authority authorised by it in this behalf, if satisfied that such action is necessary for preventing or combating any activity prejudicial to the public safety or the mainte... |
XXXVII of 1950.
Application under article 32 of the Constitution of India for a writ of certiorari and prohibition.
The facts are set out in the judgment.
B. Banerji for the petitioner.
M.C. Setalvad, Attorney General for India (Gyan Chand, with him) for the opposite party.
522 1950.
May 26.
The following judgments wer... | Section 4, sub section
(1) (c), of the East Punjab Public Safety Act of 1949 which was passed on the 29th March, 1949, and was to be in force until the 14th August, 1951, provided that "The Provincial Government or the District Magistrate, if satisfied with respect to any particular person that with view to preventing ... |
No. XVI of 1950.
Appli cation under article 32 of the Constitution for a writ of prohibition and certiorari.
The facts are set out in the judgment.
C.R.Pattabhi Raman, for the petitioner.
K. Rajah Ayyar, Advocate General of MadraS, (Ganapathi Ayyar, with him) for the opposite party.
May 26.
The Judgment of Kania C.J., ... | Held, by the Full Court (i) (overruling a preliminary objection) Under the Constitution the Supreme Court is constituted the protector and guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringement of suc... |
Civil Appeal No. 8 of 1951.
Appeal from the judgment and decree dated 12th October, 1944, of the High Court of Judicature at Allahabad (Allsop and Malik JJ.)in First Appeal No. 374 of 1941 arising out of a Decree dated 31st July, 1941, of the Court of the Civil Judge, Moradabad, in Original Suit No. 9 of 1941.
Bakshi T... | S and B were sons of two brothers respectively.
S died in 1884 leaving a daughter M, surviving him.
On the death of S dispute arose between B and M. B claimed the entire estate by survivorship, alleging that S died in a state of jointness with him and that all the properties were joint family properties and M was entit... |
78 and 79 of 1950.
Application under article 32 of the Constitution of India for a writ of mandamus.
G.N. Joshi, for the petitioners.
S.M. Sikri, for the respondent.
November 8.
The judgment 0 the Court was delivered by MAHAJAN J.
These two applications for enforcement of the fundamental right guaranteed under article ... | The Central Provinces and Berar Regulation of Manufac ture of Bidis (Agricultural Purposes) Act, LXIV of 1948, a law which was in force at the commencement of the Constitu tion of India, provided that" the Deputy Commissioner may by notification fix a period to be an agricultural season with respect to such villages as... |
eal No. 10 of 1950.
Appeal by special leave from a judgment of the High Court of Punjab (Falshaw and Soni JJ.) dated 30th December, 1949, upholding the conviction of the appellant under sections 302 and 307 read with section 34 of the Indian Penal Code and confirming the sentence of death passed against him by the Sess... | In a case where death is due to injuries or wounds caused by a lethal weapon, it has always been considered to be the duty of the prosecution to prove by expert evidence that it was likely or at least possible for the injuries to have been caused with the weapon with which, and in the manner in which, they are have bee... |
eal No. XIII of 1950.
Appeal from a judgment and decree of a Division Bench of the Madras High Court (Wadsworth and Rajamannar JJ.) dated 27th November, 1945, in Appeal No. 518 of 1941, reversing the judgment of the Subordinate Judge of Mayuram dated 10th July, 1944, in Original Suit No. 34 of 1943.
B. Somayya (R. Rama... | The cardinal maxim to be observed by courts in constru ing a will is to endeavour to ascertain the infentions of the testator.
This intention has to be gathered primarily from the language of the document which is to be read as a whole without indulging in any conjecture or speculation as to what the testator would hav... |
No. 37 of 1950.
Appeal from a judgment of the Bombay High Court (Chagla C.J. and Dixit J.) in Appeal No. 281 of 1947.
K. section Krishnaswami Aiyangar (K. Narasimha Aiyangar, with him) for the appellant.
M.C. Setalvad, Attorney General for India, (B. Sen, with him) for the respondent.
December 1.
The Judgment of the co... | An application for execution of a decree was made after the expiry of 12 'years from the date of the decree and 3 years from the date of the final order on the last previous application for execution.
The decree holder contended that the judgment debtor had "fraudulently purchased a business in the name of a stranger a... |
Civil Appeal No.94 of 1949.
107 834 Appeal from a judgment and decree of the High Court of Judi cature at Patna in Appeal from Appellate Decree No. 97 of 1946 (Mannohar Lall and Mukherji JJ.) dated 23rd Decem ber, 1947, confirming the judgment of the District Judge of Purulia in Appeal No. 159 of 1944.
S.P. Sinha (P. K... | An agreement for a lease, which a lease is by the Indian declared to include, must be a document which effects an actual demise and operates as a lease.
It must create present and immediate interest in land.
Where a litigation between two persons A and B who claimed to be tenants under C was settled by a compromise dec... |
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... |
No. LXX of 1949.
Appeal from the judgment of the Allahabad High Court (Verma and Yorke JJ.) dated the 22nd April, 1943.
100 782 M.C. Setalvad, Attorney General for India (Sri Narain And ley, with him), for the appellant.
P.L. Banerjee (H. J. Urnrigal, with him), for the respondents.
November 14.
MLKHERJEA J. This is an... | When there is conflict of oral evidence of the parties on any matter in issue and the decision hinges upon the credibility of the witnesses, then unless there is some special feature about the evidence of a particular witness which has escaped the trial judge 's notice or there is a sufficient balance of improbability ... |
als Nos.
56 and 57 of 1949.
Appeals from the orders of the High Court of Judica ture at Madras (Wadsworth and Patanjali Sastri JJ.) dated 24th October, 1945, in A.A.O. Nos.
372 of 1943 and 634 of 1944 which were appeals from the orders of the Subordinate Judge of Ellore in E.A. No. 440 of 1937 and C.M.P. No. 152 of 194... | In execution of a decree obtained on a mortgage a vil lage owned by the mortgagor which was included in the mort gage was sold by the court on the 6th July 1935 and it was purhased by the mortgagee.
An application by the mortgagor under 0 .XXI,.r. 90, C.P.C., for setting aside the sale for irregulrities was dismissed, ... |
of 1949.
Appeal from a judgment of the High Court of Judicature at Calcutta (Harries C.J. and Chakravarthi J. (dated 30th November, 1948, in Civil Revision Case No. 712 of 1948.
N.C. Sen Gupta (Ajit Kumar Dutta, with him) for the Appellant.
Faiyaz Ali, Advocate General of East Bengal (B. Sen and Noor ud din, with him) ... | The Income tax officer, Dacca, acting under the Bengal Agricultural Income tax Act, 1944, sent by registered post a notice to the Manager of an Estate belonging to the Tripu ra State but situated in Bengal, calling upon the latter to furnish a return of the agricultural income derived from the Estate during the previou... |
No. 10 of 1950.
Appeal from a Judgment of the High Court of Judicature at Bombay (Chagla C.J. and Tendolkar J.) dated 29th March, 1950, in Suit No. 24 of 1950.
December 20.
The Court delivered Judgment as follows: FAZL ALI J.
I have read the judgment prepared by my brother, Mahajan J., and generally agree with his conc... | The Bombay City Civil Court Act of 1948, an Act passed by the Provincial Legislature of Bombay, provided by section 3 that the Provincial Government may, by notification in the official Gazette, establish for the Greater Bombay a court to be called the Bombay City Civil Court, and that this court shall, notwithstanding... |
Appeal No. 59 of 1950.
Appeal from a Judgment of the High Court of Judicature at Calcutta (Harries C.J. and Chatterjea J.) dated 9th September, 1949, in a reference under section 66 (2) of the Indian Income tax Act, 1922.
(Reference No. 8 of 1949).
M.C. Setalvad, Attorney General for India (G. N. Joshi, with him) for t... | The jurisdiction of the High Court in the matter of mooroetax references is an advisory jurisdiction and under the Incometax Act the decision of the Appellate Tribunal on facts is final unless it can be successfully assailed on the ground that thoro was 1009 no evidence for the conclusions on facts recorded by the Trib... |
No. 71 of 1949.
Appeal from a judgment and decree of the High Court of Judicature at Bombay dated 11th April, 1947, (Sir Leonard Stone C.J. and Chagla J.) in Appeal No. 39 of 1946 reversing the judgment and decree of Bhagwati J., dated 27th March, 1946, in Civil Suit No. 1373 of 1944 of the said High Court in its Origi... | The plaintiffs who were commission agents purchased piecegoods according to defendant 's instructions and stored a portion of the goods in a godown in Bombay pending receipt of a permit from the Government authorities for consigning the same to the defendants.
Before the goods could be despatched, a big explosion occur... |
eal No. XXXIV of 1950.
Appeal by special leave from an Award of the All India Industrial Tribunal (Bank Disputes) Bombay, dated 1st Janu ary, 1950.
The facts of the case are set out in the judg ment.
Dr. Bakshi Tek Chand (Veda Vyas and S.K. Kapur, with him) for the appellant.
B. Sen for the respondents.
Alladi Krishnas... | Held per KANIA (C.J. FAZL ALl, and MAHAJAN JJ.
(MUKH ERJEA and PATANJALI SASTRI JJ.
dissenting).
The functions and duties of the Industrial Tribunal constituted under , are very much like those of a body discharging judicial functions although it is not a Court, and under article 136 of the Constitution of India the Su... |
No. 61 of 1950.
Appeal from an order of the High Court of Patna dated 9th September, 1948, (Agarwala C.J. and Meredith J.) in M.J.C. No. 5 of 1948.
The appeal was originally filed as Federal Court Appeal No. 71 of 1948 on a certificate granted by the Patna High Court under cl. 31 of the Letters Patent of that High Cour... | No appeal lay to the Federal Court from an order of the Patna High Court dismissing an application under section 21(3)of the Bihar Sales Tax Act, 1944, to direct the Board of Reve nue, Bihar, to state a case and refer it to the High Court.
Such an order is not a` "final order" within the meaning of cl. 31 of the Letter... |
No. LIX of 1949.
Appeal from the judgment of the Allahabad High Court (Verma and Yorke JJ.) dated 6th September, 1943 in First Appeal No. 3 of 1940.
P.L. Banerjee (B. Banerjee, with him), for the appel lant.
768 S.P. Sinha (N.C. Sen, with him), for the respondents.
November 14.
The court delivered judgment as follows :... | In construing a document whether in English or in vernacular the fundamental rule is to ascertain the inten tion from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out the intended meaning of the words which have actually been employed.
To convey an absol... |
s Nos. 98, 99, 100 and 101 of 1950.
139 Appeals from the orders of the High Court of Judicature at Patna (Manohar Lall and Imam JJ.) in Miscellaneous Ap peals Nos.
108 to 111 of 1948.
Shambhu Barmeswar Prasad and Ramanugrah Prasad for the appellants.
H.J. Umrigar for the respondents.
January 12.
The Judgment of the Cou... | Where a fresh document is executed for the amount remaining due on account of principal and interest under a loan ad vanced prior document, and a suit is brought for recovery of the amount due under the later document with interest due thereunder, "the amount of loan mentioned in, or evidenced by, such document" for th... |
(Case No. 24 of 1050).
Appeal under article 132 (1) of the Constitution of India, against the judgment and order of the High Court of Judicature at Calcutta in Criminal Miscellaneous Case No. 361 of 1050.
A.C. Gupta and Sudhansu Sekhar Mukherjee (Arun Kumar Dutta and S.N. Mukherjee, with them) for the appellants.
M.C. ... | A large number of persons were detained under the Bengal Criminal Law Amendment Act, 1930.
The validity of this Act was being challenged in the High Court.
Meanwhile, the Preventive Detention Act of 1950 was passed on 26th Febru ary, 1950, and on the same date detention orders under this Act were served on them.
The gr... |
135 of 1950.
Application under article 32 of the Constitution for a writ in the nature of a writ of certiorari and prohibition.
Dr. Tek Chand (Hardayal Hardy and Jindra Lal, with him) for the petitioner.
M.C. Setalvad, Attorney.
General for India, (section M. Sikri, with him) for the respondent.
january 12.
This is sai... | Section 3 (1) of the Patiala and East Punjab States Union General Provisions (Administration) Ordinance (No. XVI of 2005) which came into force on February 2, 1949, and re enacted section 3 of an earlier Ordinance which was in force from August 20, 1948, provided that as from the appointed day (i.e., August 20, 1948) a... |
nder article 132(1) of the Constitution from a judgment and order dated 12th April, 1950, of the High Court of Judicature at Bombay (Chagla C.J., Bavdekar and Shah JJ.): Case No. I X of 1950.
A.S.R. Chari, for the appellant.
M.C. Setalvad, Attorney General for India (G. N. Joshi, with him) for the respondent.
Jan. 22.
... | Held by the Court (KANIA C.J., PATANJALI SASTRI, MEHR CHAND MAHAJAN, DAS and CHANDRASEKHARA AIYAR JJ.
FAZL ALI and MUKHERJEA JJ., dissenting) Article 13(1) of the Indian Constitution does not make existing laws which are incon sistent with fundamental rights void ab initio, but only renders such laws ineffectual and vo... |
Appeal (Civil Appeal No. 28 of 1950) from a judgment and decree of the High Court of Judicature at Bombay dated 19th March, 1945, in Appeals Nos.
68 and 190 of 1942.
H.D. Banaji (V. R. Desai, with him) for the appellants.
M.C. Setalvad, Attorney General for India (G. N. Joshi, with him) for the respondent.
February 5.
... | Rule 92 of the rules issued under the Bombay Land Reve nue Code, 1879, provided that when land assessed for pur poses of agriculture only is subsequently used for any purpose unconnected with agriculture, the assessment upon the land so used shall unless otherwise directed by the Government be altered under section 48 ... |
Appeal from a judgment and decree of the Patna High Court dated 25th March, 1949, in A.S. 2280 of 1948 reversing an appellate _decree of the Subordinate Judge in Suit No. 62 of 1948.
Baldev Sahay (T. K. Prasad, with him) for the appel lant.
N.C. Chatterjee (H.J. Umrigar, withhim) for the respond ent. 1951.
February 2.
... | Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, has entrusted the Controller with a jurisdiction, which includes the jurisdiction to determine whether there is non payment of rent or not, as well as the jurisdiction, on finding that there is non payment of rent, to order eviction of a te... |
Case No. 22 of 1950.
Appeal under article 132(1) of the Constitution against a judgment and order of the Bombay High Court dated 1st Sep tember, 1950, in Criminal Application No. 807 of 1950.
The facts and arguments of counsel are set out in the judgment.
M.C. Setalvad Attorney General, (G. N. Joshi, with him) for the ... | The respondent was arrested on the 21st of April, 1950, under the , and on the 29th of 168 April.
1950, he was supplied with the ground for his deten tion which was as follows: "That you are engaged and are likely to be engaged in promoting acts of sabotage on rail way and railway property in Greater Bombay.
" The resp... |
No. XLII of 1950.
Appeal from the judgment of the Calcutta High Court (Harries C.J. and Chakravarthi J.) in Appeal from Original Order No. 78 of 1948.
N.C. Chatterjee (B. Sen, with him), for the appellants.
A.N. Grover, for the respondents.
November 30.
The judgment of Fazl Ali and Patanja li Sastri JJ. was delivered b... | The appellants, a firm of brokers, entered into a contrct for the sale and purchase of a quantity of jute under a "sold note" addressed to the respondents which they signed as "A & Co., brokers" and a "bought note" of the same date and for the same quantity of jute addressed to a third person in which also they signed ... |
149 and 167 of 1950.
758 Application under article 32 of the Constitution for a writ in the nature of habeas corpus I Bawa Shiv Charan Singh for the petitioner in petition No. 149.
Bindra for the petitioner in Petition No. 167.
B.K. Khanna, Advocate General of the Punjab, for the respondent in both the petitions.
M.C. ... | Non specification of any definite period in a detention order made under section 3 of the Preventive Detention Act, IV of 1950, is not a material omission rendering the order invalid in view of the provisions contained in clauses (4) (a) and (7) (a) of article 22 the Constitution and section 12 of the Act.
An order of ... |
Appeal (Criminal Appeal No. 3 of 1950) from a judgment of the High Court of Judica ture at Patna dismissing a petition to revise an order of the Sessions Judge, Patna, convicting the appellant for an offence under section 186, Indian Penal Code: The facts of the ease appear in the judgment.
N.C. Chatterjee (Rameshwar N... | Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, provided as follows: (1) The Central Government, so far as it appears to it to be necessary or expedient for maintaining or increasing supplies of an essential commodity, or for securing their equitable distribution and availability at fair prices, may b... |
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... |
ppeal (Civil Appeal No. 32 of 1950), from a judgment and order of the High Court of Judicature at Madras dated 5th January, 1948, reversing an order of the District Judge of East Tanjore in an applica tion under section 47 and O. XXI, r. 2, of the Civil Procedure Code.
R.K. Kesava Aiyangar (T. K. Sundararaman, with him... | Under the Madras Agriculturists ' Relief Act, 1938, a mortgage decree can be sealed down in favour of some of the judgment debtors alone, while as regards the others it is kept intact.
In a suit to enforce a mortgage executed by defendant No. 1 on his own behalf and on behalf of defendants Nos. 2 to 7, the defendant No... |
Appeal from a judgment and decree of the High Court of Judicature at Patna dated 14th February, 1946, in Appeal from Original Decree No. 117 of 1942 arising out of Title Suit No. 9 of 1939: Civil Appeal No. 40 of 1950.
S.C. Misra for the appellant.
N.C. Chatterjee (P. B. Gangoli, with him) for the re spondent.
154 1951... | If a lessor purchases the whole of the lessee 's interest, the lease is extinguished by merger, but there can be no merger or extinction where one of several joint holders of the mokarrari interest purchases portion of the lakhraj interest.
A partition inter se amongst several mokarraridars does not in any way affect t... |
No. XIII of 1950.
Application under article 32 (1) of the Constitution of India for a writ of habeas corpus against the detention of the appellant in the Madras jail in pursuance of an order of detention made under the .
The material facts of the case and arguments of counsel are set out in detail in the judgments.
The... | The petitioner who was detained under the Preventive Detention Act (Act IV of 1950) applied under article 32 of the Constitution for a writ of habeas corpus and for his release from detention, on the ground that the said Act contravened the provisions of articles 13, 19, 21 and 22 of the Constitu tion and was consequen... |
Appeal No. 42 of 1948.
Appeal against the judgment and decree dated the 21st April, 1943, of the High Court of Judicature at Patna (Fazl Ali C.J. and S.C. Chatterji J.) in First Appeal No. 17 of 1939 arising out of decree dated the 19th July, 1939, of the Subordinate Judge at Puri in Original Suit No. 62 of 1936.
Manoh... | A right exercisable by the inhabitants of a village from time to time is neither attached to any estate in land nor is it such a right as is capable of being made the subject of a grant, there being no ascertainable grantees.
The doctrine of lost grant originated as a technical device to enable title to be made by pres... |
ppeal (Civil Appeal No. 57 of 1950) from a judgment and decree of the High Court of Judicature at Bombay dated 1st April, 1948, in Appeal No. :365 of 1947 reversing a judgment of the Joint Civil Judge at Ahmedabad, dated 14th October, 1947, in Suit No. 174 of 1945.
B. Somayya (Jindra Lal, with him) for the appel lants.... | The Bombay Rents, Hotel and Lodging House Rates Control Act, LVII of 1947, which came into force on the 13th Febru ary, 1948, has no application to appeals which were pending at the time when the Act came into force.
Its retrospective effect is limited to cases mentioned in section 50 of the Act, that is to say, to sui... |
21, 22 and 44 of 1951.
(1) ; (3) ; (2) ; , (4) 453 Applications under article 32 of the Constitution praying for the issue of writs in the nature of habeas corpus.
Hardayal Hardy for the petitioners in Petitions Nos. 21 and 22 Gopal Singh for the petitioner in Petition No. 44.
S.M. Sikri for the respondents.
April 6.
T... | The District Magistrate of Delhi, "being satisfied that with a view to the maintenance of public order in Delhi it is necessary to do so" ordered the detention of the peti tioners under section 3 of the .
The grounds of detention communicated to the petitioners were "that your speeches generally in the past and particu... |
Appeal (Criminal Appeal No. 15 of 1950) from a judgment and order of the High Court of Madras dated 19th August, 1947, in Criminal Revision Petitions Nos. 1017 and 1018 of 1946 rejecting an applica tion to set aside the conviction and sentence of the appel lant by the Sessions Judge of Guntur under clauses 22 and 27 of... | Unless a statute either clearly or by necessary implica tion rules out mens rea as a constituent part of the crime, a person should not be found guilty of an offence against the criminal law unless he has got a guilty mind.
Clauses 22 and 25 of the Motor Spirit Rationing Order, 1941, read with the Defence of India Rule... |
Appeal (Criminal Appeal No. 1 of 1950) by special leave from an order of the High Court of Allahabad.
N.P. Asthana, and N.C. Chatterjee (K.B. Asthana, with them) for the appellant.
P.L. Banerjee (Sri Ram, with him) for the respondent.
March 19.
The judgment of the Court was deliv ered by KANIA C.J.
This is an appeal by... | Under section 3 of the Prevention of Corruption Act.
1947, an offence punishable under section 161 or section 165 of the Indian Penal Code 313 is a cognisable offence for the purposes of the Criminal Procedure Code subject to the condition that the police shall not investigate without an order of a magistrate of the fi... |
Criminal Appeal No. 17 of 1951.
Appeal against a Judgment and.
Order dated 22nd January, 1951, of the High Court of Judicature at Patna (Imam J.) in Criminal Revision No. 1533 of 1950 677 S.P. Sinha (P.S. Safeer and K.N. Aggarwal, with him) for the appellants.
The respondent did not appear.
May 24.
The Judgment of the ... | Though sub section
(1) of section 439 of the.
Criminal Procedure Code authorises the High Court to exercise in Its discretion any of the powers conferred on a court of appeal by section 423, yet sub section
(4) specifically excludes the power to "convert a finding of acquittal into one of conviction.
" This. does not m... |
ON: Criminal Appeal No. 11 of 1950.
Appeal under article 134 (1) (c) of the Constitution of India against the Judgment and Order dated the 10th April, 1950, of the High Court of Judicature at Simla in Criminal Revision No. 449 of 1949.
The facts of the case appear in the judgment.
Kundan Lal Arora for the appellant.
S.... | Section 7 sub section
(1) of the Punjab Trade Employees Act, 1940, as amended in 1943, provided that "save as otherwise provided by this Act, every shop shall remain closed on a close day.
" Sub section (2) (i) stated that "The choice of a close day shall rest with the owner or occupier of a shop . and shall be intimat... |
Appeal No. 46 of 1950.
Appeal by special leave from a judgment of the High Court of Judicature at Bombay dated 23rd March, 1948, (Chagla C.J. and Tendolkar J.) in Income Tax Reference No. 16 of 1947.
M.C. Setalvad, Attorney General for India (Gopal Singh, with him) for the appellant.
N.C. Chatterjee (B. Sen, with him)f... | The respondent, a company formed for the purpose of manufacturing silk cloth, installed a plant for dyeing silk yarn as a part of its Business.
During the chargeable accounting period (last January, 1943, to 31st December, 1943) owing to difficulty in obtaining silk yarn on account of the war, it could make no use of t... |
Appeals by special leave against an Award dated 31st July, 1950, 383 of the All India Industrial Tribunal (Bank Disputes): Civil Appeals Nos.
35 to 50 of 1951.
The facts of the case and the arguments of Counsel appear in the judgment.
C.K. Daphtary (R. J. Kolah, with him)for the appellants in Civil Appeals Nos. 35, 36 ... | The Central Government constituted an Industrial Tribu nal under the , consisting of A, B, and C 381 for deciding certain disputes and the Tribunal commenced its sittings in September, 1949.
On the 23rd November, 1949, the services of C were placed at the disposal of the Minis try of External Affairs as a member of the... |
riminal Appeals No. 7 of 1950 and No. 25 of 1951.
Criminal Appeal No. 7 of 1950 was an appeal under article 134 (1) (c) from the Judgment and Order of the High Court of Calcutta dated 23rd May, 1950, in Government Appeal No. 2 of 1950 and Criminal Appeal No. 25 of 1951 was an appeal by special leave from the Judgment a... | The Essential Supplies (Temporary Powers) Act (XXIV Of 1946) came into force on 19th November, 1946.
By a notifica tion 128 of 14th December, 1946, under section 92 (1) of the Government of India Act, 1935, the Governor of Bengal directed that the Act shall apply to the District of Darjeeling which was an "excluded are... |
Criminal Appeal No. 5 of 1951.
Appeal from the Judgment and Order dated 18th August, '1950, of the High Court of Judicature for Rajasthan at Jaipur (Nawal Kishore C.J. and Dave J.) in Criminal Reference No. 229 of Sambat 2005.
H. J. Umrigar for the appellant.
G. C. Mathur for the respondent.
111 1951.
September 24.
The... | Natural justice requires that before a law can become operative it must be promulgated or published.
It must be broadcast in some recognisable way so that all men may know what it is; or at least there must be some special rule or regulation or customary channel by or through which such knowledge can be acquired with t... |
N: Criminal Appeals Nos.
45 to 49 of 1951.
Appeals from the judgments and orders dated 20th August, 1951, of the High Court of Judicature at Simla (Bhandari and Soni 33.) in Criminal Writ 'Cases Nos. 46 to 50 of 1951.
Jai Gopal Sethi (R. L. Kohli and Sri Ramkumar, with him) for the appellants in Cr.
Appeals Nos. 45 and... | An order of detention to prevent black marketing cannot be held to be illegal merely because in the grounds for such detention the detaining authority has referred only to the past activities of the person detained, inasmuch as in stances of past activities may give rise to a subjective mental conviction that it is nec... |
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... |
Appeal No. 103 of 1950.
Appeal from a Judgment of the Bombay High Court (Chagla C.J. and Tendolkar J.) dated 25th March, 1949, in Income Tax Reference No. 31 of 1948.
M. C. Setalvad, Attorney General for India (G. N. Joshi, with him) for the appellant.
R.J. Kolah, for the respondent.
Oct. 1.
The Judgment of the Court w... | The expenditure incurred by a company carrying on the manufacture and sale of textile goods in registering for the first time its trade marks which were not in use prior to the 25th January, 12 1937, is revenue expenditure and an allowable deduction under Sec.
10 (2) (xv) of the Indian Income tax Act.
The fact that a t... |
Civil Appeal No. 56 of 1951.
Appeal from a judgment and decree of the High Court of Allahabad (Malik and Wali Ullah JJ.) dated 14th February 1946, in Appeal No. 240 of 1943 which 37 arose out of a decree dated 19th January, 1943, of the Court of the Civil and Sessions.
Judge, Kanpur, in Original Suit No. 34 of 1942.
Ac... | The respondents agreed to deliver 61 bales of cloth to the appellant by the 17th November, 1941.
The agreement provided "we shall continue sending the goods as soon as they are prepared to you up to Magsar Badi 15, Sambat 1998 .
We shall go on supplying goods to you of the Victoria Mills as soon as they are supplied to... |
Appeal No. 75 of 1950.
Appeal from the Judgment of the High Court of Judicature at Patna dated 22nd November, 1944, in Appeal No. 238 of 1940 arising out of order dated 13th July, 1940, of the Subordinate Judge of Bhagalpur in Mis.
Case No. 174 of 1939.
The facts of the case appear from the judgment.
The appeal was ori... | Taluk Kakwara was in its origin a Zemindari Ghatwali tenure and continued to be so, and was in fact treated as such ever since.
Even if by virtue of Captain Browne 's Sanad it became a Government Ghatwali tenure, then under the Sanad of Raja Kadir Ali or after the Permanent Settle ment at any rate, it became a Zemindar... |
Civil Appeal No. 93 of 1951.
Appeal from the Judgment and Decree of the Bombay High Court (Chagla C.J. and Bhagwati J.) dated 6th Septem ber, 1949, in Appeal No. 16 of 1949, arising out of the Judgment dated ' 2nd February, 1949, of a Single Judge of the same High Court (Tendolkar J .) in Miscellaneous Application No. ... | An application by the respondent for permission to build a cinema on a site within the City of Bombay was rejected by the Commissioner of Police, Bombay.
The respondent applied for reconsideration of his application and the Commissioner, acting on the advice of the Cinema Advisory Committee, granted the application on ... |
Civil Appeal No. 114 of 1950.
Appeal from a judgment and decree of the High Court of Patna (Shearer and Reuben JJ.) dated 5th November, 1948, in Appeal No. 2064 of 1946, 271 which arose out of a decree of the District Judge of Purulia in Title Appeal No. 116 of 1945.
The facts are stated fully in the judgment.
M.C. Set... | The rule of construction embodied in section 106 of the Transfer Property Act applies not only to express leases of uncertain duration but also to leases implied by law which may be inferred from possession and acceptance of rent and other circumstances.
270 The contract to the contrary contemplated by the said sec tio... |
Civil Appeal No. 87 of 1950.
Appeal from the Judgment and Decree dated 8th Febru ary, 1949, of the High Court of Judicature at Patna (Manohar Lall and Mahabir Prasad JJ .) in Appeal No. 38 of 1946 arising out of decree dated the 18th December, 1945, of the Subordinate Judge of Deoghar in Title Suit No. 1 of 1939.
B.C. ... | Held by the Full Court Amongst the Birbhum ghatwals, when the holder of a ghatwali dies leaving a widow but no direct lineal descendants, the widow succeeds in prefer ence to the nearest male agnate, even though the family may be a joint family.
Per MAHAJAN and Bose JJ.
The Mitakshara rule that the property inherited b... |
ases Nos.
300 to 304 of 1951.
Appeals under article 132(1) of the Constitution of India from a. judgment dated 2nd August, 1951, of the High Court of Judicature at Orissa (Ray C.J. and Narasimham J.) in Miscellaneous Judicial Cases Nos. 126, 127, 128, 129 and 130 of 1951.
M.C. Setalvad, Attorney General for India (G. N... | The High Court cannot make a direction under article 226 of the Constitution for the purpose of granting interim relief only pending the institution of a suit merely because the suit could not be instituted until after the expiry of 60 days from the date of a notice under Sec. 80 of the Civil Procedure Code and in the ... |
ivil Appeal No. 115 of 1950.
Appeal from the Judgment and Decree of the Bombay High Court (Macklin and Rajadhyaksha JJ.) dated 14th March.
1945, in First Appeal No. 274 of 1941 which arose out of a decree dated 15th March, 209 1941, of the First Class Subordinate Judge of Satara in Civil Suit No. 890 of 1938.
G.R. Madb... | The Hindu Law of Inheritance (Amendment) Act (Act II of 1929) which introduced the son 's daughter, daughter 's daugh ter, sister and sister 's son between the grandfather and the paternal uncle in the order of succession applies only to the separate property of a Hindu male who dies intestate.
It does not alter the la... |
N: Criminal Appeal No. 38 of 1950.
Appeal from the judgment and order of the High Court of Patiala (Teja Singh C.J., and Gurnam Singh J.) dated 5th October, 1950, in Criminal Appeal No. 28 of 1950, affirming the conviction and sentence of the appellant by the Sessions Judge of Sangrur.
Gopal Singh and Kartar Singh, for... | The appellant was tried in respect of the following charges: (i) causing the death of A and thereby committing an offence punishable under section 302, Penal Code, (ii) firing a shot at B and 372 C with the intention of causing their death and thereby committing an offence punishable under section 307, Penal Code, and ... |
N: Criminal Appeal No. 2 of 1951.
This Was an appeal under article 134 (1) (c) of the Constitution from the Judgment and Order of the High Court of Rajasthan (Nawal Kishore C.J., and Mehta J.) dated 16th October, 1950, in Criminal Appeal No. 63 of Samvat 2005, revising an order of acquittal of the Sessions Judge, Jai p... | An omission to administer an oath, even to an adult, goes only to the credibility of the witness and not his competency; so also an omission of the Court or the authori ty examining a child witness formally to record that in its opinion the witness understands the duty of speaking the truth though he does not understan... |
N: Criminal Appeal No. 16 of 1950.
Appeal by special leave from the judgment and order dated 8th May, 1947, of the High Court of Judicature at Allahabad (Sankar Saran and Akbar Hussain JJ.) in Crimi nal Appeal No. 80 of 1946.
S.P. Sinha (G.C. Mathur, with him), for the appellant.
K.B. Asthana, for the respondent.
Decem... | It is well settled that in an appeal under section 417 of the Criminal Procedure Code, the High Court has full power to review the evidence upon which the order of acquittal was founded.
But it is equally well settled that the presumption of innocence of the accused is further reinforced by his acquittal by the trial C... |
328 of 1951.Petition under article 32 of the Constitution for issue of writs in the nature of certiorari, prohibition and mandamus.
The facts appear in the judgment.
The petitioner in person.
C.K. Daphtary, Solicitor General of India, (J. B. Dadachanji, with him) for the respondent.
December 21.
The Judgment of the Cou... | Article 19(1)(f) of the Constitution is clearly intended to protect the freedom to acquire, hold and dispose of property against State action other than in the legitimate exercise of its power to regulate private rights in the public interest.
Similarly, article S1(1) provides a safe guard against deprivation of proper... |
Case No. 351 of 1951.
Appeal under article 132 of the Constitution from the Judg ment and Order of the High Court of Judicature at Madras (Subba Rao and Venkatarama Ayyar JJ.) dated 11th December, 1951, in Writ Petition No. 746 of 1951.
The facts of the case and arguments of the counsel are set out in detail in the jud... | Article 329 (b) of the Constitution of India provides that "no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for, by or under any law made b... |
N: Criminal Appeal No. 30 of 1951.
Appeal from the Judgment and Order of the High Court of Calcutta (HARRIES C.J. and LAHIRI J.) dated 15th June, 1950, in Criminal Appeal No. 71 of 1950 and Revision No. 295 of 1950.
S.N. Mukherjee, for the appellant.
B. Sen, for the respondent.
December 14.
The Judgment of the Court wa... | The appellant who inflicted serious injuries on another was charged under section 307 of the Indian Penal Code but the jury returned a verdict of guilty against him under section 326 of the Penal Code, and the Sessions Judge, accepting the verdict, convicted him under section 326.
It was contended that the conviction w... |
Criminal Appeal No. 56 of 1951.
Appeals by special leave from the Judgment and Order dated the 9th March, 1950, of the High Court of Judicature at Nagpur (C. R. Hemeon J.) in Criminal Revisions Nos. 152 and 153 of 1949 arising out of Judgment and Order dated the 24th March, 1949, of the Court of the Sessions Judge, Nag... | In dealing with circumstantial evidence there is always the danger that conjecture or suspicion may take the place of legal proof.
It is therefore right to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first ins... |
Civil Appeal No. 90 of 1950.
Appeal against the Judgment and Decree dated the 22nd July 1948 of the High Court of Judicature at Calcutta (K. C. Mitter, and K.C. Chunder J J) in appeal from Original Decree No. 49 of 1942 arising 74 574 out of Decree dated the 8th September 1941 of the Subordi nate Judge at Asansole in S... | A decree on a mortgage was passed in a suit brought by the representatives in interest of a sub mortgagee in 1929 and a personal decree for recovery of the amount remaining due after the sale of the mortgaged properties was passed in 1935.
In 1936 the decree holder started execution of the personal decree and attached ... |
Appeal No. 205 of 1953.
Appeal from the Judgment and Order dated the 24th February, 1953, of the High Court of Judicature at Calcutta in Appeal from Original Order No. 19 of 1952, arising out of the Order dated the 23rd day of August, 1951, of the High Court of Calcutta in its Ordinary Original Civil Jurisdiction Matte... | Held, that in order that a stay may be granted under section 34 of the Indian , it is necessary that the following conditions should be fulfilled: (1) The proceeding must have been commenced by a party to an arbitration agreement against any other party to the agreement; (2) the legal proceeding which is sought to be s... |
ivil Appeal No. 101 of 1950.
Appeal by special leave from the Judgment and Decree dated the 20th September, 1949, of the High Court of Judica ture at Calcutta (Hurries C.J.and Chatterice J.) in Appeal No. 46 of 1949 arising out of Decree dated the 31st August, 1948, of the Hon 'ble S.B. Sinha J. of the Calcutta High Co... | The right to contribution as between co mortgagors is governed by sections 82 and 92 of the Transfer of Property Act and not by section 43 of the Indian Contract Act, inasmuch as section 43 of the Contract Act deals with contracts generally, while sections 82 and 92 of the Transfer of Property Act specifically deal wit... |
s (Nos. 513, 566, 568, 570, 591,595, 596, 601, 616, 617, 623, 625, 631 and 632 of 1951) under article 32 of the Constitution for writs in the nature of habeas corpus.
The facts are stated in the judg ment.
Raghbir Singh (amicus curiae) for the petitioners in Petitions Nos.
513, 566, 568, 570.
595, 596, 609, 616, 617, 6... | In the absence of bad faith the detaining authority can supersede an earlier order of detention which has been challenged as defective on merely formal grounds and make a fresh order wherever possible which is free from defects and duly complies with the requirements of the law in that behalf.
The question of bad faith... |
eference No. 1 of 1951.
The circumstances which led to this Special Reference by the President and the questions referred appear from the full text of the reference dated 7th January, 1951, which is reproduced below : "WHEREAS in the year 1912 the Governor General of India in Council acting in his legislative capacity ... | Section 7 of the , provided that "The Provincial Government may by notification in the official gazette extend, with such restrictions and modifications as it thinks fit, to the Province of Delhi, or any part there of, any enactment which is in force in any part of British India at the date of such notification".
Secti... |
Civil Appeal No. 140 of 1951.
Appeal from a Judgment and Decree dated 22nd Septem ber, 1947, of the High Court of Judicature at Bombay (Sen and Bavdekar JJ.) in Appeal No. 41 of 1943 arising out of decree dated 4th September, 1942, of the Court of the First Class Subordinate Judge at Poona in Civil Suit No. 808 of 1941... | A suit to recover money based on two mortgages was resist ed by the defendant on the plea that the mortgages were satisfied as the assignor of the mortgages to the plaintiff had executed an agreement in favour of the defendant which proved satisfaction.
This agreement was not registered and the question for determinati... |
ivil Appeal No. 11 of 1950.
Appeal from the judgment and decree of the High Court of Bombay (Bhagwati and Dixit JJ.) dated 16th December, 1948, in Second Appeal No. 1226 of 1945 confirming a judg ment and decree of the District Judge of Dharwar in Appeal No. 123 of 1943.
The facts of 404 the case and the arguments of t... | The position of the Gajendragad estate which had been recognised by the British Government as a saranjam and which had been declared by the Bombay High Court in 1868 to be partible, was re examined in 1891 and Government passed a Resolution in 1891 that "the whole of the Gajendragad estate was a saranjam continuable as... |
No. 132 of 1951.
Peti tion under article 32 of the Constitution for a writ in the nature of mandamus.
The material facts are set out in the judgment.
Nuruddin Abroad for the petitioner.
K.N. Aggarwal for the respondents.
February 27.
The Judgment of the Court was delivered by DAs J.
This is an application under article... | There is a difference between a tax like the income tax and a licence fee for carrying on an occupation, trade or business.
A licence lee on a business not only takes away the property of the licensee but also operates as a restric tion on his fundamental 573 right to carry on his business.
Therefore if the imposition ... |
Appeal No. 159 of 1951.
Appeal by special leave from the judgment and order dated 13th of April, 1951, of the High Court of Judicature at Madras (Rajamannar C.J. and Somasundaram J.) in C.M.P. No. 122/15 of 1950.
M.C. Setalvad (C. R. Pattabhi Raman, with him) for the appellant.
C.K. Daphtary (M. Natesan, with him) for ... | The writs referred to in article 226 are intended to enable the High Court to issue them in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in violation of the principles of natural justice, or refuse to exercise a jurisdiction vested in them, or... |
N: Criminal Appeal No. 13 of 1951.
Appeal by special leave from the judgment and order of the High Court of Madras (Rajamannar C.J. and Balakrishna Ayyar J.) dated 10 th April, 1950, in Contempt Application No. 10 of 1949.
426 S.P. Sinha (S.S. Prakasam, with him), for the appellant.
R. Ganapathy Iyer, for the responden... | Sub sec.
(3) of section 2 of the Contempt of Courts Act, 1926, excludes the jurisdiction of the High Court to take cognisance of a contempt alleged to have been committed in respect of a Court subordinate to it only in cases where the acts alleged to constitute contempt are punishable as con tempt under specific provis... |
Civil Appeal No. 99 of 1951.
Appeal from a Judgment and Decree of the High Court of Judicature at Bombay (Stone C.J. and Dixit 3.) dated 14th July, 1947, in First Appeal No. 128 of 1943 affirming a decree dated 14th October, 1942, of the Court of the Dis trict Judge of Kaira at Nadiad in Civil Suit No. 15 of 1928.
514 ... | In a suit under sec.
92 of the Civil Procedure Code alleging that the defendant had been guilty of misconduct and breach of trust as Mahant and praying, inter alia, that the temple and properties in suit be declared as a religious and charitable trust and the defendant be removed from the Gadi and a suitable successor ... |
Criminal Appeal No. 50 of 1951.
Appeal by SpeciaI Leave from the Judgment and Order dated the 26th September, 1950, of the High Court of Judicature of Nagpur (Herneon Acting C.J. and Hidayat Ullah J.) in Criminal Appeal No. 251 of 1950 arising out of Judg ment dated the 2nd August, 1950, of the Court of Sessions Judge,... | A communal riot broke out in a town between some Sindhi refugees and the local Muslims.
The trouble started in a locality where most of the shopkeepers were Sindhis.
The goods in the Muslim shops there were scattered and some Muslims lost their lives.
Alarm spread to another locality where the shops of appellant and hi... |
peals from the judgments and decrees dated the 23rd February, 1945, of the High Court of Judicature at Calcutta (Akram and Blank JJ.) in Second Appeals Nos. 861 to 885 of 1939 from the judgments and decrees dated the 16th December, 1938, of the Court of the District Judge, Birbhum, in Title Appeals Nos. 23 to 47 of 193... | Where a patnidar has obtained a decree against his zemindar for possession of resumed chaukidari chakran lands with mesne profits from the date on which the zemindar wrongfully took 783 possession of them, the zemindar is not entitled to deduct by way of equitable set off from the amount of mesne profits payable by him... |
Civil Appeal No. 57 of 1951.
Appeal from a judgment dated 18th May, 1948, of the High Court of East Punjab at Simla (Khosla and Teja Singh JJ.) in Letters Patent Appeal No. 189 of 1946 arising out of the judgment dated 11 th February, 1946, of the Senior Subordinate Judge, Ambala.
The facts are set out in the judgment.... | B, acting as manager of a joint Hindu family, consisting of himself and his sons executed a mortgage deed in favour of the plaintiff, hypothecating certain movables to secure a loan.
Subsequently the sons obtained a partition decree against their father and the joint family properties were divided by metes and bounds a... |
Civil Appeal No. 154 of 1951.
Appeal from a judgment and order of the 1st April, 1949, of the High Court of Judicature, Madras (Rajamannar C.J. and Balakrishna Aiyar J.) in Civil Miscellaneous Peti tion No. 1317 of 1949 arising out of Order dated 29th Janu ary, 1949, of the Commissioner of Labour, Madras.
S.C. Isaacs (... | The High Court cannot issue a writ of certiorari to quash a decision passed with jurisdiction by a Labour Com missioner under the Madras Shops and Establishments Act, 1947, an the mere ground that such decision is erroneous.
Under section 51 of the Madras Shops and Establishments Act, 1947, the Labour Commissioner is t... |
N: Criminal Appeal No. 15 of 1951.
Appeal under articles 132(1) and 134(1)(c) of the Constitu tion of India against the Judgment and Order dated 28th February, 1951, of the High Court of Saurashtra at Rajkot (Shah C.J. and Chhatpar J.) in Criminal Appeal No. 162 of 1950, The material facts appear in the Judgment.
S.L. ... | The Saurashtra State Public Safety Measures Ordinance, 1948, was passed "to provide for public safety, maintenance of public order and preservation of peace and tranquillity in the State of Saurashtra.
" As crimes involving violence such as dacoity and murder were increasing, this Ordinance was amended by the Saurashtr... |
ivil Appeal No. 143 of 1951.
Appeal by special leave from the judgment and decree dated 23rd March, 1950, of the High Court of Judicature at Patna (Reuben and Jamuar JJ.) in appeal from Original Decree No. 206 of 1946 arising out of a decree dated 31st January, 1946, of the Subordinate Judge at Patna in Title Suit No. ... | As a general rule a person cannot transfer or otherwise confer a better title on another than he himself has and a mortgagee cannot therefore create an interest in mortgaged property which will enure beyond the termination of his interest as mortgagee.
Further, a mortgagee cannot during the subsistence of the mortgage ... |
ON: Criminal Appeal No. 22 of 1950.
Appeal from the judgment and order dated 29th June, 1950, of the High Court of Judicature at Simla (Weston C.J. and Khosla J.) in Criminal Appeal No. 432 of 1949 arising out of a judgment dated 5th August, 1949, of the Court of the Additional Sessions Judge, Amritsar, in Ses sions Tr... | Three persons K, M and S, who were accused of murder made statements to the police which disclosed that the dead bodies after being dismembered were thrown into a stream and the police party thereafter went with the three accused to the stream where each of them pointed out a place where different 109 840 parts of the ... |
Civil Appeal No. 163 of 1951.
Appeal by special leave from the Judgment dated the 10th April.
1951, of the High Court of Judicature for the State of Punjab at Simla (Kapur J.) in Civil Revision No. 286 of 1950 arising out of Order dated the 24th March, 1950, of the Court of Subordinate Judge, 1st Class, Delhi, in an Ap... | The appellant company insured a car belonging to re spondent No. 1 and issued a policy which contained, inter alia, the following terms : "All differences arising out of this policy shall be referred to the decision of an arbitra tor to be appointed by the parties. .
If the company shall disclaim liability to the insur... |
Criminal Appeal No. 53 of 1951.
Appeal by special leave from the Judgment and Order dated the 8th June 1951 of the ' High Court of Judica ture at Nagpur (Hemeon and Rao JJ.) in Criminal Appeal No. 297 of 1950, arising out of the Judgment and Order dated the 11 th September 1950 of the Court of the Additional Sessions J... | The confession of an accused person against a co accused is not evidence in the ordinary sense of the term.
It does not come within the meaning of evidence contained in sec.
3 of the Indian Evidence Act inasmuch as it is not required to be given on oath, nor in the presence of the accused and cannot be tested by cross ... |
vil Appeal No. 64 of 1951.
On appeal from the Judgment and 646 Decree dated the 16th April.
1948, of the High Court of Judicature at Allahabad (Malik C.J. and Prasad J.) in First Appeal No 358 of 1943 arising out of the ent and Decree dated the 22nd February, 1943, Judgment and Decree dated the 22nd February, 1943 of t... | A mortgage was executed by several persons on the 28th July, 1931.
The term of the mortgage, namely six years, expired in July 1937, the mortgagees instituted a suit in May 1938 and a decree was passed in March 1939.
An applica tion for relief under the U.P. Debt Redemption Act (XIII of 1940) was made on 11th April, 19... |
ivil Appeals Nos. 29 and 30 of 1951.
Appeals from the judgment and decree dated 26th October, 1943, of the High Court of Judicature at Allahabad (Verma and Yorke JJ.) in First Appeal No. 48 of 1938 arising out of the judgment and decree dated 6th August, 1937, of the Court of the Additional Civil Judge at Agra in Suit ... | A relinquishment by a Hindu widow of her estate in favour of the next reversioner and a stranger in equal moieties is not a valid surrender under Hindu law.
A valid surrender cannot be made in favour of anybody except the next heir of the husband.
Mummareddi Nagireddi vs Pitti Durairaja Naidu [1951] (S.C.R. 655) follow... |
Criminal Appeal No. 12 of 1952.
Appeal by special leave from the judgment and order dated 4th June, 1951, of the High Court of Judicature of Punjab at Simla (Bhandari and Soni JJ.) in Criminal Appeal No. 109 of 1951 arising out of Judgment and order dated 19th March 1951 of the Court of the Additional Sessions Judge, F... | The Sessions Court has power to examine witnesses who were not examined before the Committing Magistrate because of sec.
540, Criminal Procedure Code, and if the witness is treated as a prosecution witness and examined by the prose cuting counsel instead of by the court, that at best would be an irrigularity curable by... |
ivil Appeal No. 104 of 1050.
Appeal from a judgment and decree dated the 9th April, 1947, of the High Court of Judicature at Patna (Manohar Lal and Mukherjee JJ.) in First Appeal No. 68 of 1944 arising out of judgment and decree dated the 23rd December, 1943, of the Court of the First Additional Subordinate Judge, Gaya... | Under Hindu law, though an illegitimate son of a Sudra cannot enforce partition during his father 's lifetime, he can enforce partition after his father 's death if the father was separate from his collaterals and has left separate property and legitimate sons.
|
vil Appeal No. 105 of 1951.
On appeal from the judgment and decree dated the 22nd November, 1946, of the High Court of Judicature at Allahabad (Verma c.
J. and Mathur J.) in First Appeal No. 310 of 1941 arising out of judgment and decree dated the 4th March, 1941, of the Court of the Senior Civil Judge of Pauri, Garhwa... | The right of the Deoprayagi Pandas to enter the Badri nath Temple along with their Yajmans is not a precarious or permissive right depending for its existence on the arbi trary discretion of the temple authorities; it is a legal right in the true sense of the expression, but it can be exercised only subject to the rest... |
Civil Appeal No. 158 of 1951.
Appeal from the judgment and decree dated 24th March, 1948, of the High Court of Punjab at Simla (Teja Singh and Khosla JJ.) in Regular First Appeal No. 133 of 1945 arising out of judgment and decree dated 25th November, 1944, of the Court of the Senior Subordinate Judge, Kangra, at Dharms... | The plaintiff, a Rajput belonging to Tehsil Garhshankar in the District of Hoshiarpur (Punjab), instituted a suit against the defendant for the recovery of the properties which belonged to a deceased Gurkha woman R and which she had acquired by way of gift from a stranger, alleging that he was the lawfully wedded husba... |
Civil Appeal No. 132 of 1951.
Appeal by Special Leave from the Judgment and Decree dated 17th May, 1950, of the High Court of Judicature at Calcutta (Harries C.J. and Sinha J.) in Appeal No. 41 of 1950 arising out of the Order of 766 Banerjee J. dated 19th December, 1949, in Suit No. 132 of 1948.
M.C. Setalvad, Attorne... | A receiver cannot be appointed in execution of a decree in respect of a compulsory deposit in a Provident Fund due to the judgment debtor.
Whatever doubts may have existed under the earlier Act of 1897, the definition of "compulsory deposit" in section 2 (a) of the Provident Funds Act (XlX of 1925) clearly includes dep... |
297 of 1951.
Petition under article 32 of the Constitution of India for enforcement of fundamental rights by quashing the orders of the Deputy Commissioner and House Rent Controller, Banga lore, allotting the petitioner 's house to the 3rd respondent and for taking forcible possession of the same.
S.K. Venkataranga Iye... | A house belonging to the petitioner in the Bangalore City fell vacant on the 1st September, 1949, and on the 13th September, 1949, an order was passed by the Rent Con troller 745 under the Mysore House Rent and Accommodation Control Order, 1948, allotting the house to another person and directing the petitioner to deli... |
Civil Appeal No. 4 of 1952.
Appeal from the judgment and order of the High Court of Judicature for the Punjab at 698 Simla dated 24th May, 1951, in Civil Writ No. 15 of 1951.
M.L. Manekshaw (P. N. Bhagwati, with him) for the appellant.
M.C. Setalvad, Attorny General for India (G. N. Joshi, with him) for the respondent.... | A writ of certiorari cannot be granted to quash the decision of an inferior court within its jurisdiction on the ground that the decision is wrong.
It must be shown before such a writ is issued that the authority which passed the order acted without jurisdiction or in excess of it, or in violation of the principles of ... |
30 of 1950.
Appeal under article 132 (1) of the Constitution of India from the Judgment and Order dated 24th October, 1950, of the High Court of Judicature at Bombay (Bavdekar and Vyas JJ.) in Criminal Application No. 1003 of 1950.
M.C. Setalvad (Attorney General for India) and C.K. Daphtary (Solicitor General for Indi... | The material portion of an order of detention made under 3 of the preventive Detention Act 1950, ran as fol lows: 675 "Whereas the Government of Bombay is satisfied with respect to the person known as J. N . . that with a view to preventing him from acting in a manner prejudicial to the maintenance of public order it i... |
section 86, 147, and 155 of 1952) under article 32 of the Constitution for writs in the nature of habeas corpus.
Petitioners in person in ,petitions Nos. 86, 147 and 157 of 1952.
Rajani Patel for the petitioner in petition No. 155.
M.C. Setalvad, Attorney General for India, (G. N. Joshi, with him) for the respondents.
... | An order directing the detention of the petitioner was made on the 15th of November, 1951, under the Preventive Detention Act of 1950 as amended by the Amending Act of 1951, which prolonged the duration of the Act of 1950 up to the 1st April, 1952.
The Preventive Detention (Amendment) Act of 1952 extended the duration ... |
Civil Appeal No. 114 of 1951.
Appeal from the Judgment and Decree dated the 5th Sep tember, 1947, of the High Court of Judicature at Allahabad (Waliullah and Sapru JJ.) in First Appeal No. 516 of 1942 arising out of Judgment and Decree dated the 3rd October, 1942, of the Court of the Civil Judge of Shahjahanpur in Orig... | Section 71 of the U.P. District Boards Act, 1922, as amended in 1933 provided that a resolution of the Board for the dismissal of its secretary shall not take effect until the period of one month has expired or until the State Government have passed orders on any appeal preferred by him.
A District Board passed a resol... |
iminal Appeal No. 41 of 1952.
Appeal by Special Leave from the Judgment and Order dated the 3rd October,, 1951, of the High Court of Judicature for the State of Punjab at Simla (Bhandari and Soni JJ in Criminal Appeal No. 86 of 1961, arising out of the Judgment and Order dated the, 31st January, 1951, of the Court of t... | In eases depending circumstantial evidence courts should safeguard themselves against the danger of basing _their conclusions suspicions howsoever strong.
Rex V. Hodge , and Nargundkar vs State of Madhya Pradesh (1952) S.C.R. 1091 referred to, 95 To establish a charge under section 201, Indian Penal Code, it is essenti... |
N: Criminal Appeal No. 26 of 1950.
On appeal by special leave from the judgment and order dated the 13th November, 1950, of the High Court of Judi cature at Bombay (Bavdekar and Dixit JJ.) in Criminal Appeal No. 712 of 1950, arising out of judgment dated the 14th August, 1950, of the Court of the Sessions Judge, South ... | The term "foodstuff" is ambiguous.
In one sense it has a narrow meaning and is limited to articles which are eaten as food for purposes of nutrition and nourishment and so would exclude condiments and spices such as yeast, salt, pepper, baking powder and turmeric.
In a wider sense it includes everything that goes toto ... |
l Appeals Nos.
152, 167 and 167 A of 1951.
Appeal from the Judgments dated April 25, and May 1, 1950, of the High Court of Judicature for Patiala and East Punjab States Union at Patiala (Teja Singh C. J. and Chopra J.) in T. P. A. R. I. A. O. No. 34 of 1950 and Civil Appeals Nos.
493/494 of Samwat 2005.
Rang Behari Lal... | Section 116 of the Pepsu Ordinance X of 2005 (1948 1949) is a transitory regulation providing for a change over of proceedings 'from one set of courts in the covenanting State to others of like status in the Union, and for their continuance etc.
in the latter courts.
It does not mean that the proceedings must be treate... |
ases Nos. 20 and 21 of 1950.
Appeals under article 132(1)of the Constitution of India from the judgment and order dated the 19th May, 1950, of the High Court of Judicature at Bombay (Dixit and Shah, JJ.) in Confirmation Case No. 4 of 1950 and Criminal Appeals Nos. 190 and 199 of 1950, arising out of judgment dated the ... | Held, per MAHAJAN, MUKHERJEA, DAs and CHANDRASEKHARA AIYAR, JJ.
(PATANJALI SASTRI C.J. dissenting).
Section 12 of the Bombay Public Safety Measures Act, 1947, in so far, at any rate, as it authorises the Government to direct particular "cases" to be tried by a Special Judge appointed under the Act does not purport to p... |
iminal Appeal No. 40 of 1951, 127 Appeal from the Judgment and Order dated the 1st June, 1951, of the High Court of Judicature in Assam (Thadani C.J. and Ram Labhaya J.,) in Criminal Reference No. I of 1951, arising out of Judgment and Order dated the 15th November, 1950, of the Court of the Additional District Magistr... | The question whether a Magistrate is "personally interested" in a ease within the meaning of section 556, Criminal Procedure Code, has essentially to be decided the facts of each case.
Where an officer as a District Magistrate exercising his powers under section 7(1) of the Essential Supplies (Temporary Powers) Act, 19... |
iminal Appeal No. 80 of 1963.
Appeals by special leave from the judgment and order dated March 26, 1963, of the Punjab High Court in Criminal Mis.
No. 186 of 1963.
Criminal Appeals Nos.
86 to 93 of 1963.
Appeal by special leave from the judgment and order dated February 21, 1963 of the Punjab High Court in Criminal Mis... | The appellants were detained under r. 30(l) of the Defence of India Rules made by the Central Government under section 3 of the Defence of India Ordinance, 1962.
They applied to the Punjab and Bombay High Courts under section 491(1)(b) of the Code of Criminal Procedure and their case was that sections 3(2)(15)(i) and 4... |
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