Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.889 of 2007 Arup Bhuyan .. Appellant Versus State of Assam & Anr. .. Respondents With Review Petition (Criminal) No.417/2011 In Criminal Appeal No.1383/2007 With Review Petition (Criminal) No.426/2011 In Criminal Appeal No.889/2007 With Special Leave Petition (Crl) No.5971/2019 With Special Leave Petition (Crl) No.5964/2019 With Criminal Appeal No.1383/2007 2 With SLP(Crl.)...CRLMP No.16637/2014 With Special Leave Petition (Crl.) No.5643/2019 With Special Leave Petition (Crl.) No.6270/2019 JUDGMENT M. R. Shah, J.1. Present reference to the larger Bench is made against the judgment and order in the case of Arup Bhuyan vs. Union of India, (2011) 3 SCC377as well as State of Kerala vs. Raneef, (2011) 1 SCC784 pursuant to the order passed by this Court dated 26.08.2014, reported as (2015) 12 SCC702 Background of the Reference 2. That the Division Bench of this Court in the case of Raneef (supra) wh...
Tag this Judgment!Court : Supreme Court of India
GANGULY, J. 1. This appeal at the instance of the State has been preferred from the judgment of the Division Bench of the High Court of Punjab and Haryana at Chandigarh, dated July 27, 2005 in Criminal Appeal No. 250/1996 whereby High Court gave the appellant the benefit of doubt and acquitted him of the charges framed against him. 2. Briefly, the facts of the case are that the respondent Dalbir Singh, a constable in 36th Battalion Central Reserve Police Force, at the relevant time was posted at Fatehabad, District Amritsar, Punjab. On April 11th, 1993, Harish Chander, the Battalion Havaldar Major (hereinafter `B.H.M.') in `Company D' of the Battalion, reported to Hari Singh, the Deputy Commandant Quarter Master (hereinafter `Deputy Commandant'), that the accused had refused to carry out the fatigue duty assigned to him. On such report being made, the Deputy Commandant directed the B.H.M. and Sub Inspector Kewal Singh to produce the accused before him. As per these directions, the accu...
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal266,1968CriLJ736
ORDERN.C. Talukdar, J.1. This Rule must be made absolute. The present revisionsal application is for quashing, in so far as it relates to the petitioner, a criminal case being C. R. Case No. 638 of 1966, pending in the Court of the Additional District Magistrate at Port Blair. Andaman and Nicobar Islands under Section 500 I. P C.2. The facts leading on to the present revisional application may be put in a short compass. On the 14th May 1965 in the issue of the 'Darpan' a Bengali weekly published In Calcutta, an editorial article was published containing an alleged defamatory imputation against the complainant firm, viz., R. Akoji Jadwet and Company This weekly used to be printed at a press owned by a Limited company, viz., the Metropolitan Printing and Publishing House(P) Ltd. and at the relevant time, the present petitioner, Sunilakhya Chowdhury, was one of the Directors of the Company. The accused petitioner was neither the maker, that is the author nor the printer nor the publisher ...
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
NARASIMHAM, J. - The questions referred to us for opinion by the Income-tax Appellate Tribunal, Calcutta Branch, Patna, are as follows :-(1) Whether, in the circumstances of the case and on the findings of the Tribunal, the income, profits or gains in question or any part thereof accrued or arose within an Indian State and, if so, whether such income, profits or gains were received or deemed to have been received in or were brought into British India ?(2) Whether Section 42(3) of the Income-tax Act is applicable to the facts of the case The assessees headquarters is at Cuttack and he has been assessed to income-tax for the year 1943-44 in respect of his dealings in (a) nux vomica and (b) hides, horns, bones etc., which were gathered by him from several Orissa States and sold at several places in British India through his commission agents known as arhatias. The cash realised by these arhatias from the sales of the aforesaid products were all remitted to the head office at Cuttack. The ...
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad392
(1) This appeal instituted by M. A. and Sons (appellants) from the order and decree of the learned Second Assistant Judge, City Civil Court, Madras, dismissing O. P. No. 478 of 1961, involves certain questions of interest with regard to a reference to arbitration, as provided for by the by-laws of the Madras Oil and Seeds Exchange (Pte.) Ltd (first respondent). The essential facts and dates are as follows:(2) There were certain contracts, which were of the character of forward contracts, as between the appellants and the second respondent firm (Kilachand and Devchand and Co. Pte. Ltd.) for supplies of groundnut oil on differing dates. It is not in dispute that, owing to the alleged bursting of the boiler apparatus, the appellants were unable to deliver, and reported the inability; in brief, the contracts were broken. On the principle of S. 60 of the Indian Sales of Goods Act, the second respondent choose to treat the contract as subsisting, and waited till the date of delivery. As the...
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal585
K.C. Das Gupta, C.J. 1. The main question for decision in this appeal is whether the plaintiff, who is the appellant before us, should be allowed to raise an issue as regards relief under Section 65 of the Indian Contract Act though the suit as framed was for recovery of a sum of money on the basis of a contract and on an allegation of failure of consideration for the contract. It appears that the plaintiff being in need of a Lancashire Boiler registered its requirement with the Department of Government which had been helping parties in India to obtain such boilers from abroad. By a letter dated 31st of January 1946 addressed to the Assistant Coal Commissioner of the Department of Industries and Supplies. Government of India, the plaintiff requested allocation of 2 Lancashire Boilers including one 'by John Thompson with a working pressure of 150 lbs. per sq. inch complete with fittings, mountings and firebars'. On 19th February 1946 the Assistant Coal Commissioner wrote that one second...
Tag this Judgment!Court : Kolkata
Reported in : [1971]80ITR428(Cal)
P.B. Mukharji, C.J.1. This income-tax reference under Section 66(1) of the Indian Income-tax Act, 1922, refers the three following questions for determination by the court. The questions are :'(1) Whether, on the facts and in the circumstances of the case, theTribunal was right in holding that the steel foundry division was an industrial undertaking to which Section 15C of the Indian Income-tax Act, 1922,applied?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the jute mill division set up by the assessee-company was an industrial undertaking to which Section 15C of the Indian Income-tax Act, 1922, applied?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the claim for deduction of wealth-tax paid during the accounting year was admissible in computing the assessee's profits from its business ?' 2. We can straightaway dispose of the third question as we find it isalready covered by...
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad152; (1931)60MLJ551
Reilly, J.1. These two appeals relate to suits in which the Corporation of Madras claimed declarations that the Madras Electric Tramways Company and the Madras Electric Supply Corporation respectively were subject to the. control of the Commissioner of the Corporation under Sections 287 and 288 respectively of the Madras City Municipal Act. The suits were tried by the Judge of the City Civil Court, who dismissed both of them. They came on appeal before Waller, J., whose opinion was that both the Companies carried on their operations under special Acts, or what were equivalent to special Acts, inconsistent with the general Act, the City Municipal Act, and that the Corporation of Madras were not entitled to the declarations for which they sought. He upheld the decision of the City Civil Court; and it is against that decision that these two appeals have been preferred.2. I think it will be convenient to deal with the two cases separately, and, if I may say so with great respect, I doubt w...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP301
Krishnan, J.1. This is an appeal by the plaintiff from the judgment and decree dismissing his suit for compensation, in respect of a consignment belonging to him, of a boiler and attached parts, carried by the Railway from Kanpur to Sehore, parts of which on arrival were found to have got broken, and parts missing. The questions for decision at this stage are,(i) Whether the suit was bad, (a) for non-compliance with the provisions of Section 77, Railways Act, the claim being preferred in writing more than after six months from the date of delivery of the goods for carriage; (b) for non-joinder, as party, either of the two railway administrations i.e. Northern Railway administration to which the goods were delivered by the consignor and the Central Railway administration over which the goods had to be carried during the latter part of the transport; (c) for limitation under Article 30, and the effect, if any, of the defendant's not having pleaded that the suit had been filed beyond the ...
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN398
Jagat Narain, C.J.1. This is an appeal by the State of Rajasthan (defendant No. 2) against a decree of the District Judge, Kota, dated 25-9-58 decreeing a suit instituted against it and against the Union of India (defendant No. 1) by the Associated Stone Industries Kota (hereinafter referred to as the Company).2. The relevant facts are that the Ruler of the erstwhile State of Kota entered into an agreement Ex. A on 2-5- 45 with the Company for quarrying Kachcha stone from the Tehsils of Ramganj Mandi and Chochat. Monopoly rights for quarrying Kachcha stone in these two tehsils were granted to the Company for a period of 15 years from 1-10- 44. The terms and conditions contained in Clause 18(1) of the agreement ran as under:In consideration of the concessions and privileges granted by the Grantor and in lieu of income-tax, super tax and excess profits tax, the Grantee convenant to pay to the Grantor royalty on the stone excavated at the rate of rupee one per 100 sq. ft., subjected to th...
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