Court : Supreme Court of India
Decided on : May-04-1962
Reported in : AIR1963SC120; (1963)GLR37(SC); [1963]3SCR312
Raghubar Dayal, J.1. This appeal, by special leave, is against the judgment and decree of the High Court of Gujarat. 2. The appellant was a tenant of certain residential premises situate at Anand, and belonging to the respondents-landlords. Under a contract between the parties, he held them at Rs. 75/- per mensem according to Indian Calendar. In 1951 the appellant applied for fixation of standard rent. On March 31, 1954, the standard rent was fixed at Rs. 25/- per mensem. The appellant did not pay the arrears of rent from July 27, 1949, to July 5, 1954. On October 16, 1954, the landlords gave him notice to quit the premises stating therein that rent for over six months was in arrears and that he was to quit on the last day of the month of tenancy which was Kartak Vad 30 of Samvat Year 2011. The appellant neither paid the arrears of rent nor vacated the premises. On December 16, 1954, the respondents filed the suit for ejectment basing their claim for ejectment on the provisions of s. 1...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-09-1962
Reported in : AIR1964SC980; [1963(6)FLR251]; (1963)ILLJ536SC; [1963]Supp1SCR993
Sinha, C.J. 1. This petition, under Art. 32 of the Constitution, challenges the vires of certain provisions of the Employees' Provident Funds Act (19 of 1952) which hereinafter will be referred to as the Act, and the scheme framed thereunder. The respondents to this petition are the Union of India and the Regional Provident Fund Commissioner. 2. The petition is founded on the following allegations. The petitioners, 5 in number, are citizens of India and are carrying on business of running a restaurant and general stores under the name and style of 'Messrs George Restaurant and Stores' at 20, Appollo Street, Fort, Bombay-1, since September, 1958. They are running this business as a partnership firm, registered under the Indian Partnership Act. The firm employs 43 persons, including cooks, waiters, tea-makers, bill clerks and two store-clerks. Besides paying salary to their employees, the petitioners give them free food and other personal allowances, which it is not necessary to set out ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-06-1962
Reported in : AIR1963P& H319
Mehar Singh, J.1. This judgment will dispose of three civil writ petitions Nos. 68, 935 and 938 of 1962, the first under Articles 226 and 227 and the remaining two under Article 226 of the Constitution, in which, although other matters have been raised, but the main question for consideration is the constitutional validity and 'vires' of Section 19-E of the Punjab Security of Land Tenures Act, 1953 (Punjab Act 10 of 1953), which section has been added to this principal Act by Section 7 of the Punjab Security of Land Tenures (Amendment and Validation) Act, 1962 (Punjab Act 14 ol 1962), and Section 32-KK of the Pepsu Tenancy and Agricultural Lands Act, 19S5 (Pepsu Act 13 of 1955), which section has been Inserted in this principal Act by Section 7 of the Pepsu Tenancy and Agricultural Lands (Amendment and Validation) Act, 1962 Punjab Act 16 of 1962), the provisions of both the sections in either Act being verbatim the same.2. In Civil Writ No. 68 of 1962 the petitioner is Bhagat Gobind Si...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-1962
Reported in : AIR1962SC1406; [1963]1SCR491
S.K. Das, J.1. These are three consolidated appeals which arise from the judgment and order of a Division Bench of Rajasthan High Court dated August, 9, 1957. They have been preferred to this Court on the strength of a certificate granted by the said High Court under Art. 132 of the Constitution certifying that the cases involve a substantial question of law as to the interpretation of Art. 301 and other connected articles relating to trade, commerce and intercourse within the territory of India, contained in Part XIII of the Constitution. These appeals were originally heard by a Bench of five Judges and on April 4, 1961, that Bench recorded an order to the effect that having regard to the importance of the constitutional issues involved and the views expressed in the decision of this Court in Atiabari Tea Co. Ltd. v. The State of Assam : [1961]1SCR809 , the appeals should be heard by a larger Bench. The appeals were then placed before the learned Chief Justice for necessary orders, an...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-26-1962
Baker v. Carr - 369 U.S. 186 (1962) U.S. Supreme Court Baker v. Carr, 369 U.S. 186 (1962) Baker v. Carr No. 6 Argued April 19-20, 1961 Set for reargument May 1, 1961 Reargued October 9, 1961 Decided March 26, 1962 369 U.S. 186 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE Syllabus Appellants are persons allegedly qualified to vote for members of the General Assembly of Tennessee representing the counties in which they reside. They brought suit in a Federal District Court in Tennessee under 42 U.S.C. 1983 and 1988, on behalf of themselves and others similarly situated, to redress the alleged deprivation of their federal constitutional rights by legislation classifying voters with respect to representation in the General Assembly. They alleged that, by means of a 1901 statute of Tennessee arbitrarily and capriciously apportioning the seats in the General Assembly among the State's 95 counties, and a failure to reapportion them subsequent...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-04-1962
Reported in : AIR1963P& H298
Mehar Singh, J.1. This is a petition, though it does not say so, apparently under Article 226 of the Constitution by Dr. Partap Singh, petitioner, seeking writ, direction or order to quash the order of suspension made against him and also the order of revocation of his leave preparatory to retirement and the enquiry that is going to be held against him. The facts and the circumstances are these.2. The petitioner joined Punjab Civil Medical Service in April, 1940. From June 1941 to the end of 1945 he served in the War in a temporary rank in the Indian Medical Service. His rank in the Army was Lieutenant Colonel. In 1947 the Punjab and North-West Frontier Province Civil Service Commission invited applications for selection of candidates in Class I of the Punjab Civil Medical Service. He made an application to be appointed to that service and on having been selected joined it on August 21, 1947- The partition of the country took place in the meanwhile on August 15, 1947. In the History of...
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