Court : Punjab and Haryana
Reported in : AIR1949P& H373
Achhru Ram, J.1. This order will dispose of also civil Misc. Nos. 6, 7, 8 and 12 of 1948 in Civil Original No. I [1] of 1948. All these petitions are made for the issue of directions to the New Bank of India, Limited, for payment to the petitioners in full of the amounts of their respective claims.2. In civil Misc. No. 4 of 1948 the petitioner is one Mr. Shiam Lal, originally of Lyallpur, now residing in Qarol Bagh in Delhi. He got a draft for Rs. 32,000 from the Lyallpur Branch of the bank on 11th August 1947, on payment of a sum of Rs. 32,000 in cash besides the amount chargeable by the bank by way of commission for exchange. The allegations contained in his petition supported by two affidavits filed by him on 11th March 1948 and 24th May 1948, are that eommunal disturbances in the Western Punjab, particularly in Lahore, having taken a very serious turn, the petitioner decided to leave Lyallpur and to go over to Delhi for purposes of security of life and property, that he happened to...
Tag this Judgment!Court : US Supreme Court
Commissioner v. Wodehouse - 337 U.S. 369 (1949) U.S. Supreme Court Commissioner v. Wodehouse, 337 U.S. 369 (1949) Commissioner v. Wodehouse No. 84 Argued December 10, 13, 1948 Decided June 13, 1949 337 U.S. 369 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondent, a nonresident alien not engaged in trade or business within the United States and not having an office or place of business therein, received in 1938 and 1941 from magazine and book publishers in the United States lump sum payments, in advance and in full, for the American serial and book rights to certain literary works of which he was the author and which were ready to be copyrighted. Held: 1. Under the Revenue Act of 1938 and the Internal Revenue Code as amended, the sums so received were includible in "gross income from sources within the United States," as "rentals or royalties for the use of or for the privilege of using in the United States . . . copyrights . . . and...
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All11
Wali Ullah Ag., C.J.1. This is an application Under Section 491, Criminal P. C. The applicant, Sir Gulab Singh, is the ex-Maharaja, Rewa State. The Rewa State acceded to the Indian Union in August 1947. On 20th May 1948, the Governor-General passed an order addressed to the Superintendent of Police, Dehra Dun. It is an order passed under the provisions of the Bengal State Prisoners Regulation, 1818, as adapted by the Bengal State Prisoners Regulation (Adaptation) Order, 1947, promulgated on 26th August 1947, and directs that Sir Gulab Singh, the applicant, shall be placed under personal restraint at No. 10, Dolialwala, Dehra Dun, and be dealt with in accordance with the orders of the Government and the provisions of the Bengal State Prisoners Regulations, 1818. In pursuance of this order--the warrant of commitment--the applicant is being kept in personal restraint at Dehra Dun. By means of this application, it is prayed that the applicant may be set at liberty inasmuch as his detention...
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori169
Ray, C.J. 1. The petition ig directed against an order of remand passed by Sri B. C. Das, District Judge of Cuttaok-Dbenkanal, in Miscellaneous Appeal No. 87 of 1948, reversing an order dated, 4th qetober 1948 of Sri B. S. Patnaik, Additional Subordinate Judge of Cuttack, in Money Suit No. 8/342 of 1948/47. The suit was for recovery of Rs. 2193-12-0 being the sum borrowed with interest accrued thereon, under two handnotes executed by the opposite party in favour of the petitioner. The defendant resisted the suit, while accepting that the hand-notes were genuine and for consideration, with a plea of payment. The material date on which and since when the events giving rise to this application occurred is 3rd July 1948. On that date, the plaintiff was ready to go on with the hearing of the suit, and filed a list of witnesses. The defendant interposed a plea, as a barrier to the suit, by a petition purporting to be one undtr Order 23, Rule 3, Civil P. C. for recording as a compromise an aw...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]SuppSCR317
Kania, C.J.1. I have read the judgments prepared by Messrs Fazl Ali, Mahajan and Mukherjea, JJ., in this case. As the views in those judgments in respect of the nature of the duties and functions of the Industrial Tribunal do not show agreement I consider it necessary to add a few words of my own. 2. In my opinion, the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial functions, although it is not a Court. The rules framed by the Tribunal required evidence to be taken and witnesses to be examined, cross-examined and re-examined. The Act constituting the Tribunal imposes penalties for incorrect statements made before the Tribunal. While the powers of the Industrial Tribunal in some respects are different from those of an ordinary Civil Court and it has jurisdiction and powers to give reliefs which a Civil Court administering the law of the land (for instance, ordering the re-instatement of a workman) does not possess in the discharge...
Tag this Judgment!Court : US Supreme Court
American Communications Assn. v. Douds - 339 U.S. 382 (1950) U.S. Supreme Court American Communications Assn. v. Douds, 339 U.S. 382 (1950) American Communications Assn. v. Douds No. 10 Argued October 10-11, 1949 Decided May 8, 1950 * 339 U.S. 382 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Section 9(h) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947, which imposes certain restrictions on, and denies the benefits of certain provisions of the National Labor Relations Act to, any labor organization the officers of which have not filed with the National Labor Relations Board the so-called "non-Commmist" affidavits prescribed by 9(h), is valid under the Federal Constitution. Pp. 339 U. S. 385 -415. 1. One of the purposes of the Labor Management Relations Act was to remove the obstructions to the free flow of commerce resulting from "political strikes" instigated by Communists who ha...
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United States v. Bryan - 339 U.S. 323 (1950) U.S. Supreme Court United States v. Bryan, 339 U.S. 323 (1950) United States v. Bryan No. 99 Argued December 15, 1949 Decided May 8, 1950 339 U.S. 323 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondent was the executive secretary, and had custody of the records, of an association which was under investigation by the Committee on Un-American Activities of the House of Representatives. The Committee issued and served upon respondent a subpoena directing her to produce before the Committee at a stated time, specified records of the association. Respondent appeared before the Committee, but refused to produce the records on the ground that the Committee was without constitutional right to demand them. Respondent was indicted, tried, and convicted for willful default in violation of R.S. 102, 2 U.S.C. 192. Held: 1. The presence of a quorum of the Committee at the time of the r...
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
Malik, C.J.1. These applications have been filed on behalf of certain persons who own motor buses and carry passengers for hire on various routes in Uttar Pradesh. The applicants want appropriate relief under Article 226 of the Constitution. The applications can be grouped according to the routes over which the transport buses of the various bus-owners or transport companies were running.2. Civil Misc. Cases Nos. 4 to 7, 71 to 98 and 133 to 140 of 1950 relate to the route Khurja-Bulandshahr-Delhi. The applicants in these cases are represented by Mr. Gopal Swarup Pathak. Civil Misc. Cases Nos. 8 to 70 of 1950 relate to Meerut-Delhi route and the applicants in these cases are also represented by Mr. Pathak.3. Civil Misc. Cases Nos. 99, 100, 104 to 116 of 1950 relate to Garhmukteshwar-Hapur-Delhi route and the applicants in these cases are represented by Shri Alladi Krishnaswami and Mr. S.B. L. Gour.4. Civil Misc. Cases Nos. 118, 119 and 120 of 1950 relate to buses running on the Mathura ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); [1950]1SCR88
1. This is a petition by the applicant under article 32(1) of the Constitution of India for a writ of habeas corpus against his detention in the Madras Jail. In the petition he has given various dates showing how he has been under detention since December, 1947. Under the ordinary Criminal Law he was sentenced to terms of imprisonment but those convictions were set aside. While he was thus under detention under one of the orders of the Madras State Government, on the 1st of March, 1950, he was served with an order made under section 3(1) of the Preventive Detention Act, IV of 1950. He challenges the legality of the order as it is contended that Act IV of 1950 contravenes the provisions of articles 13, 19 and 21 and the provisions of that Act are not in accordance with article 22 of the Constitution. He has also challenged the validity of the order on the ground that it is issued mala fide. The burden of proving that allegation is on the applicant. Because of the penal provisions of sec...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC188; (1950)NULLLLJ921SC; (1950)ILLJ921SC; [1950]1SCR459
Kania, C.J.1. I have read the judgments prepared by Messrs. Fazl Ali, Mahajan and Mukherjea JJ. in this case. As the views in those judgments in respect of the nature of the duties and functions of the Industrial Tribunal do not show agreement I consider it necessary to add a few words of my own. 2. In my opinion, the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial functions, although it is not a Court. The rules framed by the Tribunal require evidence to be taken and witnesses to be examined, cross-examined and re-examined. The Act constituting the Tribunal imposes penalties for incorrect statements made before the Tribunal. While the powers of the Industrial Tribunal in some respects are different from those of an ordinary civil court and it has jurisdiction and powers to give reliefs which a civil Court administering the law of the land (for instance, ordering the reinstatement of a workman) does not possess in the discharge of...
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