Court : US Supreme Court
Marcus v. Search Warrant - 367 U.S. 717 (1961) U.S. Supreme Court Marcus v. Search Warrant, 367 U.S. 717 (1961) Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri No. 225 Argued March 30, 1961 Decided June 19, 1961 367 U.S. 717 APPEAL FROM THE SUPREME COURT OF MISSOURI Syllabus Proceeding under certain Missouri statutes, as supplemented by a rule of the State Supreme Court, a city police officer appeared in a state trial court and filed a sworn complaint that each of the appellants, a wholesale distributor of magazines, newspapers and books and the operators of five retail newsstands, kept "obscene" publications for sale. In an ex parte proceeding, without granting appellants a hearing or even seeing any of the publications in question, and without specifying any particular publications, the trial judge issued search warrants authorizing police officers to search appellants' premises and seize all "obscene" material. Different police offi...
Tag this Judgment!Court : US Supreme Court
Machinists v. Street - 367 U.S. 740 (1961) U.S. Supreme Court Machinists v. Street, 367 U.S. 740 (1961) International Association of Machinists v. Street No. 4 Argued April 21, 1960 Set for reargument June 20, 1960 Reargued January 17-18, 1961 Decided June 19, 1961 367 U.S. 740 APPEAL FROM THE SUPREME COURT OF GEORGIA Syllabus A group of railroad employees sued in a Georgia State Court to enjoin enforcement of a union shop agreement entered into between a group of railroads and labor unions of their employees under 2, Eleventh, of the Railway Labor Act, which required all employees to join the union and to pay initiation fees, assessments and dues in order to keep their jobs. The complaint alleged that a substantial part of the money each of these employes was thus compelled to pay was used over his protest to finance the campaigns of political candidates whom he opposed, and to promote the propagation of political and economic doctrines, concepts, and ideologies with whi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC719; [1961]43ITR352(SC); [1962]2SCR871
S.K. Das, J.1. These three appeals, with special leave of this Court, have been heard together. They arise out of three Income-tax References made to the High Court of Bombay, namely, Income-tax Reference No. 29 of 1957, Income-tax Reference No. 30 of 1957 and Income-tax Reference No. 37 of 1957. The facts are similar in the three cases and the question of law which the High Court had to answer was the same in each of the cases. the High Court gave its answer in its leading judgment in Income-tax Reference No. 29 of 1957, and the other two References were disposed of in accordance with that answer. For the purposes of these appeals, it would be enough if we state the facts of Reference No. 29 and then indicate the question which arose for decision and the answer which the High Court gave to it. 2. One Nanalal Haridas was the karta of a Hindu undivided family which admittedly was the beneficiary of 1842 shares in a company called the Cotton Export and Import Limited (hereinafter referre...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC123; [1961]43ITR393(SC); [1962]2SCR983
Subba Rao, J. 1. This writ petition filed under Art. 32 of the Constitution raises the question of the constitutional validity of s. 16(3)(a)(i) of the Indian Income-tax Act, 1922 (Act XI of 1922), (hereinafter called the Act). 2. The facts are not in dispute and may be briefly narrated. The petitioner, Balaji, his six sons, and his wife, by name Godawaribai, constituted a joint Hindu family. The family was a trading family and it had, besides business in money-lending, considerable agricultural lands. On November 23, 1946, two of his sons became divided from the family. In the year 1951, through the intervention of mediators the other members of the family were also divided and another major member started a separate business on his own. Thereafter, the petitioner and his wife formed themselves into a partnership to carry on their business and admitted their three minor sons to the benefits thereof. On September 22, 1952, a partnership deed was executed giving an equal share to each o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC594; [1962]3SCR230
Kapur, J.1. This is an appeal against the judgment and order of the High Court of Mysore dismissing the petition of the appellants made under Article 226 of the Constitution. The appellants were conducting since the month of August 1948, what were called 'prize competitions' in the State of Mysore with the permission of the Government of the erstwhile State of Mysore. An Act called the Mysore Lotteries and Prize Competitions Control and Tax Act, 1951 (Act 27 of 1951), hereinafter called the 'Mysore Act' was passed by the Mysore Legislature and came into force as from June 21, 1951. The Rules made thereunder came into force on February 1, 1952. Previous to that the Bombay Legislature had passed a similar Act called the Bombay Lotteries and Prize Competitions Control and Tax Act, 1948, which was amended in November 1952 by the Bombay Act, 1952. In December 1952 and January 1953 petitions under Article 226 were filed in the High Court of Bombay challenging the Bombay Act. On January 12, 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC588; [1961(3)FLR436]; (1962)0GLR43; (1961)IILLJ678SC; [1962]3SCR171
Das Gupta, J. 1. This appeal by special leave raises a question of the correct interpretation of some words in section 18A(1)(b) of the Industries (Development and Regulation) Act, 1951. The Central Government made an order under section 15 of that Act appointing a committee of three persons for the purpose of making full and complete investigation into the circumstances of the case as it was of opinion that there had been or was likely to be a substantial fall in the volume of production in respect of cotton textiles manufactured in the industrial undertaking known as Hathisingh ., Ahmedabad, for which having regard to the economic conditions prevailing there was no justification, After the committee made its report the Central Government being of opinion thereupon that this industrial undertaking was being managed in a manner highly detrimental to public interest made an order under section 18A of the Act authorising Ambalal Shah (the first appellant before us) to take over the manag...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC171; [1962]32CompCas414(SC); [1961(3)FLR307]; (1961)IILLJ385SC; [1962]3SCR269
Ayyangar, J. 1. Civil Appeal No. 154 of 1961 has been filed on special leave obtained from this Court against an order of K. T. Desai, J., functioning as the National Industrial Tribunal (Banks Disputes) Bombay dated October 31, 1960. The point arising for decision in the appeal is as regards the constitutional validity of section 34A of the Banking Companies Act, 1949 which was enacted on August 26, 1960 as an amendment to the parent Act (Act X of 1949). The appellant before this Court is the All India Bank Employee's Association which is a trade union organization of Bank Employees of several banks operating in India. The Punjab National Bank Employee's Union, which is a trade union with similar objects has been permitted to intervene in this appeal in support of the appellant union. The three other Writ Petitions are by other Bank Employees' Unions whose description would be apparent from the cause title and all these cases have been heard together because in the writ petitions also...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338
Raghubar Dayal, J.1. This appeal, by special leave, raise the question whether a Customs Officer, either under the Land Customs Act, 1924 (Act XIX of 1924) or under the Sea Customs Act, 1878 (Act VIII of 1878), is a police officer within the meaning of that expression in section 25 of the Indian Evidence Act. 2. Barkat Ram, respondent in this appeal, was the engine driver of 78 Down Train which reached Amritsar at about 4-15 P. M., on June 8, 1957. The train came from Pakistan. In consequence of information received with respect to the smuggling of gold by the engine crew, the Land Customs staff boarded the engine at Attari and other staff of the Department surrounded the engine on its arrival at Amritsar. The engine was searched and a quantity of gold was recovered, having been found lying concealed underneath the coal in the front part of the coal tender in the engine. The respondent was further interrogated at the Customs Station and, as a result of further search, another quantity ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC219; [1962]3SCR515
Shah, J. 1. Sardar Gian Singh - hereinafter Called the appellant - was recruited in 1927 as a Naib Tehsildar in the Revenue department of the Province of Punjab. He was confirmed in that rank in 1939. In 1946, he was promoted to the rank of officiating Tehsildar and was posted as Tehsildar at Hansi in the district of Hissar on September 22, 1947, and since then he held the post of Tehsildar at diverse places. 2. On August 20, 1952, the appellant was served with a charge sheet by the Financial Commissioner, Punjab containing eleven heads of charges of misappropriation, misconduct, irregularities and dereliction of duties committed by him. The Deputy Commissioner. Hissar was appointed to hold a departmental enquiry into those charges. On August 28, 1953, the appellant was served with a notice to show cause why on the findings recorded by the enquiry officer, he should not be dismissed from service. The appellant submitted his explanation. The Financial Commissioner by order dated October...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1847; 1962(0)BLJR333; [1962]3SCR727
Das Gupta, J.1. This appeal by the State of Bihar challenges the correctness of an order made by the High Court at Patna in an application by the respondent under Article 226 of the constitution. The respondent was inducted as a tenant on a tract of land measuring 245.69 acres in village Singpur by the then proprietor in November, 1945, and continued to remain in possession after the Zemindari interest of the proprietor became vested in the State of Bihar in consequence of a notification under the Bihar Land Reforms Act (Bihar Act XXX of 1952) on the 30th December, 1952. In 1945 this area was forest land. On September 15, 1946, a notification was published under section 14 of the Bihar Private Forest Act, 1946 declaring the Government's intention of constituting the forest a private protected forest. By the same notification the Governor further ordered that until the publication of a notification under section 30 of the Act all the rights to cut, collect and remove trees or any class ...
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