Court : Supreme Court of India
Reported in : AIR1962SC370; [1962]3SCR739
Gajendragadkar, J.1. This is an appeal by a certificate granted by the High Court of Madras against its judgment and decree in Second Appeal No. 1656 of 1947. The appeal arises out of Original Suit No. 27 of 1939 filed by respondent 1 Gollapalli Ramalingamurthi against respondent 2 Immani Venkanna and his four sons appellants 1 to 4. The appellants and respondent 2 are members of an undivided Hindu family. The case for respondent 1 was that he had purchased the properties described in the Schedule attached to his plaint on April 1, 1936 in a sale held by the Official Receiver in the insolvency of respondent 2. A registered sale deed was accordingly issued in favour of respondent 1 (Ex. P. 4) on September 21, 1936. In pursuance of the said sale respondent 1 obtained possession and enjoyment of such properties after partitioning them with Rayudu, the brother of respondent 2. In October, 1938, however, the appellants and respondent 2 trespassed on the said properties and so respondent 1 h...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC316; 1983LC2198D(SC); [1961]3SCR786
Ayyangar, J.1. The Sea Customs Act, 1878 (Act 8 of 1878) (referred to hereinafter as the Act), was amended by section 14 of Act 21 of 1955 by the introduction of section 178A reading : '178A. (1) Where any goods to which this section applies are seized under this Act in the reasonable belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be on the person from whose possession the goods were seized. (2) This section shall apply to gold, gold manufactures, diamonds and other precious stones, cigarettes and cosmetics and any other goods which the Central Government may, by notification in the Official Gazette, specify in this behalf. (3) Every notification issued under Sub-section (2) shall be laid before both Houses of Parliament as soon as may be after it is issued'. 2. It is the constitutional validity of this section that is the common point which arises in these several cases which have been heard together. We have heard on the merits only ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC386; [1962]3SCR936
S.K. Das, J.1. This writ petition by one Mannalal Jain was originally filed on October 17, 1960, and the order complained of was dated September 13, 1960. This was an order made by the Deputy Commissioner, Kamrup, Gauhati, rejecting an application made by the petitioner for the grant of a license for the year 1960 for dealing in rice and paddy under the relevant provisions of the Assam Foodgrains (Licensing and Control) Order, 1960. This writ petition was put up for hearing in this Court on February 2, 1961. The hearing was, however, adjourned sine die, because it was stated before us that the period of licence for 1960 had already expired and a fresh application would have to be made for a license for 1961. A fresh application was accordingly made by the petitioner on February 4, 1961. But before that date a fresh Assam Foodgrains (Licensing and Control) Order, 1961 was made by the Governor of Assam and the application made by the petitioner had to be dealt with under the new Order. N...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1939; (1962)64BOMLR256; [1962]3SCR928
Das Gupta, J.1. When a lessee takes lease of open land for the purpose of constructing on it buildings intended to be used for residence or for business is this 'letting for residence', or 'letting for business' That is the short question which arises for decision in these four appeals. The appellant brought these four suits in the City Civil Courts, Bombay, for recovery of arrears of rent in respect of the premises mentioned in the plaint of these several suits. It is clear under the law that the City Civil Court, Bombay, would have no jurisdiction to try these suits if the provisions of Part II of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. 57 of 1947), which later in this judgment we shall refer to as the 'Rent Act', applied to the premises in suits. For this reason the plaintiff stated in the plaint itself that this Rent Act did not apply to the demised premises. The defendant in each case pleaded on the contrary that the Rent Act applied and so the City...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC481; [1961(3)FLR473]; (1961)IILLJ632SC; [1962]Supp1SCR36
Das Gupta, J.1. This appeal by special leave is against an award of the Central Government Industrial Tribunal at Calcutta in a dispute referred to that Tribunal by the Central Government under s. 10 of the Industrial Disputes Act - Section 10 between the workmen of the Bombay Port Trust, who are the appellants before us and the Trustees of the Port of Bombay, the respondent in the appeal. The workmen concerned in the dispute as referred are shore workers belonging to 'A' category, 'B' category and casual category. These three categories came into existence under the scheme adopted by the Bombay Port Trust in April 1948 for direct employment of shore workers in place of the system previously in force under which such labourers used to be supplied by contractors known as Toliwallas. The matters in dispute were specified thus in the letter of reference to the Tribunal :- 'Arrears due to the shore workers belonging to the 'A' category, 'B' category and casual category in respect of (i) w...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC663; [1962]44ITR442(SC); [1962]Supp1SCR143
Hidayatullah, J.1. Whether the legal representative of a deceased person, who is assessed in respect of the total income of the latter person, as if he were the assessee, can be ordered to pay a penalty under s. 46(1) of the India Income-tax Act, is the short question that arises in this appeal. 2. One Ebenezer died intestate on November 22, 1945, during his year of account which ended on March 31, 1946. He left behind him the respondent, E. Alfred, his son, and eight daughters. For the assessment year, 1946-47, the respondent was assessed under s. 24B(2) of the Income-tax Act, after a notice was issued to him under s. 22(2), ibid. The assessment was completed on March 26, 1951, and a notice of demand was issued under s. 29 of the Act. The respondent appealed against the order of assessment to the Appellate Assistant Commissioner, but during the pendency of the appeal, a penalty of Rs. 250/- was imposed upon him under s. 46(1) of the Act by the Income-tax Officer, as he had defaulted i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC633; [1962]Supp1SCR206
Gajendragadkar, J.1. These two appeals have been brought to this Court by two sets of defendants with a certificate of the Madras High Court and they arise out of a suit instituted under O. 1, r. 8 on behalf of the general body of creditors for administration against the trustees and alienees of the properties which belonged to their debtors. Defendant 14 and his sons defendants 18 to 24 are the appellants in Civil Appeal No. 62 of 1959 while defendants 12, 13 and 16 are the appellants in Civil Appeal No. 77 of 1959. Defendants 1 to 6 are the debtors. They were members of an undivided Hindu family known as Kalakkad Pannayar family in Tirunelveli District. The family was doing commission agency business in petrol, kerosene and crude oil. It had secured agency rights from the Burmah-Shell Company. The members of the family became heavily indebted by about June, 1936, and as a result there was a pressure from their creditors. In order to meet the said pressure a deed of composition was ex...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC414; [1962]Supp(1)SCR282
Mudholkar, J.1. This is an appeal on a certificate of fitness granted by the High Court of Madhya Pradesh under Art. 133(1)(a) of the constitution. 2. The appellant is a textile mill at Gwalior in Madhya Pradesh. It generates electricity for the purpose of running its mills and for other purposes connected therewith. It does not sell electrical energy to any person. 3. Under the provisions of the Central Provinces and Berar Electricity Duty Act, 1949 (No. 10 of 1949) as amended by the Madhya Pradesh Taxation Laws Amendment Act, 1956 (Act No. 7 of 1956) the Government of Madhya Pradesh levied upon the appellant electricity duty amounting to Rs. 2,78,417/- for a certain period. The appellant paid it under compulsion and thereafter preferred a writ petition to the High Court of Madhya Pradesh under Art. 226 of the Constitution in which it challenged the validity of the levy on two grounds. The first ground was that upon a proper construction of s. 3 of the C.P. & Berar Electricity Duty Ac...
Tag this Judgment!Court : US Supreme Court
Hoyt v. Florida - 368 U.S. 57 (1961) U.S. Supreme Court Hoyt v. Florida, 368 U.S. 57 (1961) Hoyt v. Florida No. 31 Argued October 19, 1961 Decided November 20, 1961 368 U.S. 57 APPEAL FROM THE SUPREME COURT OF FLORIDA Syllabus Appellant, a woman, killed her husband and was convicted in a Florida state court of second-degree murder. She claimed that her trial before an all-male jury violated her rights under the Fourteenth Amendment. A Florida statute provides, in substance, that no woman shall be taken for jury service unless she volunteers for it. Held: The Florida statute is not unconstitutional on its face or as applied in this case. Pp. 368 U. S. 58 -69. (a) The right to an impartially selected jury assured by the Fourteenth Amendment does not entitle one accused of crime to a jury tailored to the circumstances of the particular case. It requires only that the jury be indiscriminately drawn from among those in the community eligible for jury service, untrammelled by...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1963]Supp2SCR352; [1963]14STC375(SC)
Sarkar, J.1. The appellant is a company dealing in various kinds of machinery. It has its place of business in Calcutta, in the State of West Bengal Between January 26, 1950 and September 30, 1951, it sold diverse machinery to various parties in the State of Bihar. In respect of these sales the appellant was assessed to sales tax under the Bihar Sales Tax Act, 1947. These appeals arise out of such assessments but, as will be seen later, the dispute now is much narrower than what it was in the beginning. 2. Before proceeding further we may briefly refer to the procedure of the sale. The price payable for the goods was for Calcutta and it is not in dispute that the property in them passed to the purchaser as soon as the appellant put the goods on the railway at Calcutta. It has however been found and is no longer in dispute, that the actual delivery of the goods was given to the purchasers in Bihar for consumption there. The argument in this Court have proceeded on the basis accepted by ...
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