Court : Guwahati
Decided on : Mar-15-1963
NAYUDU J.- These civil rules have been heard together as they involve a common question of constitutional law, namely, whether section 37(2) of the Indian Income-tax Act è(Act XI of 1922), infringes the fundamental rights guaranteed by the Constitution of India in articles 14 and 19(r)(f) and (g) thereof.Before this question is taken up for consideration, it would be useful and necessary that the facts alleged in the petitions are briefly set out.In Civil Rule 195 of 1962, the petitioner is one Senairam Doongarmall Agency (Private) Ltd., a company incorporated under the Companies Act and having its registered office at Tinsukia, in the Lakhimpur district, of the State of Assam. Shri K.E.Johnson, the Commissioner of Income-tax, Assam, Tripura and Manipur, is impleaded as the first respondent, apparently in his personal capacity. The second respondent is the Commissioner of Income-tax, Assam, Tripura and Manipur, having his office at Shillong, the headquarters of the State of Ass...
Tag this Judgment!Court : Kerala
Decided on : Jul-24-1963
Reported in : AIR1964Ker287
ORDERC.A. Vaidialingam, J.1. In this batch of 14 writ petitions, the pen-tinners, though different, who are all owners of forest lands in the area, commonly known as the Malabar area, attack the group of four Sections, namely, Sections 48 to 51, contained in Chapter VII of the Kerala Forest Act, 1951, (Act IV of 1962), hereinafter to be referred to as the Kerala Act, as unconstitutional and as Infringing the fundamental rights guaranteed to the petitioners under Articles 19(1) (f) and (g), and 31 of the Constitution. The State of Kerala is the main respondent in most of these writ petitions, though in some of them some of the officers of the Forest Department have also been included as additional respondents.2. Though the averments contained in all these writ petitions are slightly different, all the learned counsel appearing for the petitioners, as well as the learned Gov-ernment Pleader appearing for the State, have agreed to treat the averments contained in O. P. No. 1108/62 as well...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-13-1963
Reported in : AIR1964SC492; (1964)66BOMLR244; [1964]4SCR299
Wanchoo, J. 1. This is an appeal by special leave against the judgment of the Bombay High Court by which the two respondents were acquitted. The prosecution case briefly was that one Dongarsingh, a discharged truck driver from the army, was in need of employment. Towards the end of October 1955 he made an application to the District Soldiers' Board, Dhulia praying for help in securing employment. This application was forwarded to the Divisional Controller of the State Transport Corporation at Dhulia and Dongarsingh was asked by the Corporation to make a formal application on a printed from to be obtained on payment of As. 0-2-0. Accordingly Dongarsingh applied for a printed form sometime in November 1955 which he received on November 19, 1955. Thereafter Dongarsingh met Sheikh Ahmed (respondent No. 2) who was in service in the said department at Jamner and asked him for help. Sheikh Ahmed told Dongarsingh that Jagatsingh (respondent No. 1) who was an officer in the State Transport Corp...
Tag this Judgment!Court : Gujarat
Decided on : Aug-26-1963
Reported in : AIR1964Guj59; (1963)GLR1033
Shelat, C.J.1. These two petitions challenge the validity of Sections 2(10a), 59-C and 59-D of the Bombay Prohibition Act, XXV of 1949, certain rules made thereunder, the two notifications issued oy the Government of Gujarat dated April 6, 1962 and the order dated September 26, 1962, refusing the wholesalers licence and the pass to import French Polish and Varnish from outside the State of Gujarat. As both the petitions raise identical questions, it is expedient to dispose of both of them together by a common judgment.2. Both the petitioners carry on business as wholesale dealers in French Polish and Varnish and have been importing for their business these two articles from States such as Uttar Pradesh, Madhya Pradesh, etc. The petitioners in Special Civil Application No. 996 of 1962 have been importing on an average about 1500 gallons of French Polish per month and have been selling the same both wholesale and retail, the average monthly sale of French Polish coming to about 1500 gall...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-1963
Reported in : AIR1964SC1305; [1964]4SCR647
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 392 of 1963. Appeal by special leave from the judgment and order dated December 13, 1962, of the Punjab High Court (Circuit Bench at Delhi) in Civil Revision No. 427-D of 1957. Bishan Narain, O. C. Mathur, Ravinder Narain and J.B.Dadachanji for the appellants. A.V. Viswanatha Sastri and K. K. Jain, for respondent 1. S. N. Andley, for respondent No. 2. August 29, 1963. The judgment of S. K. Das, Acting C.J. and M. Hidayatullah, J. was delivered by S.K. Das Acting C.J. Sarkar J. delivered a dessenting opinion. S. K. DAS, Acting Chief Justice.--With much regret, we have come to a conclusion different from that of our learned brother Sarkar, J. as respects the true scope and effect of S. 57 of the Delhi Rent Control Act, 1958, hereinafter referred to as the Control Act of 1958. The Control Act of 1958 repeals the Delhi and Ajmer Rent Control Act, 1952, hereinafter called the Control Act of 1952, in so far as that Act was applicable to the Uni...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-18-1963
Reported in : AIR1964SC892; [1964]5SCR125
Subba Rao, J.1. This appeal by special leave is directed against the order of the Life Insurance Tribunal, hereinafter called the 'Tribunal', determining the dispute that was referred to it under s. 16 of the Life Insurance Corporation Act, 1956 (31 of 1956), hereinafter called the Act. 2. The appellant is a company duly incorporated under the Indian Companies Act, 1882, and the Insurance Act, 1938. Prior to December 1957, its registered office was at Ajmer, but now it is in Calcutta. It was a composite insurer carrying on life insurance and general insurance business. The Act was passed to provide for the nationalization of life insurance business in India by transferring all such business to a Corporation established for the purpose. The Act came into force on July 1, 1956. On September 1, 1956, under s. 3 of the Act the Central Government established a Corporation called the Life Insurance Corporation of India, hereinafter called the Corporation, which is the respondent in this appe...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-1963
Reported in : AIR1964SC1317; (1964)66PLR690
Das Gupta, J.1. In a suit for ejectment instituted on September 8, 1958 the plaintiff who is the respondent before us now made an application under Section 13(5) of the Delhi and Ajmer Rent Control Act, 1952 (Act No. XXXVIII of 1952). He prayed for an order to be made on defendant-tenant to deposit all the arrears of rent and future monthly rent in accordance with law by the 15th of the following month. The arrears of rent were claimed to be Rs. 722/7/-upto the 30th June 1960. The original rent was stated to be Rs. 64/8/- and with effect from August 1, 1959 the rent was claimed at Rs. 70.95 np.2. This application was resisted by the tenant who in his reply dated August 1, 1960 stated that the rate of rent had continued to be at Rs. 64-8-0 and only Rs. 516/- was due at the rate of Rs. 64/8/- as arrears upto June 30, 1960. He added that he was prepared to deposit it.3. The Subordinate Judge 1st Class, Delhi, passed orders on the application on August 1, 1960. The relevant portion of the ...
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