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 : US Supreme Court
NLRB v. Allis-Chalmers Mfg. Co. - 388 U.S. 175 (1967) U.S. Supreme Court NLRB v. Allis-Chalmers Mfg. Co., 388 U.S. 175 (1967) National Labor Relations Board v. Allis-Chalmers Manufacturing Co. No. 216 Argued March 15, 1967 Decided June 12, 1967 388 U.S. 175 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Lawful economic strikes were called at two of respondent Allis Chalmers' plants in accordance with duly authorized union procedures by the locals of the union representing the employees. Some union members crossed picket lines and worked during the strikes. After the strikes were over, the locals brought proceedings against these members, imposed fines of $20 to $100, and sued in state courts to collect the fines. The collective bargaining agreement contained a union security clause which required each employee to become and remain "a member of the union to the extent of paying his monthly dues." Allis-Chalmers filed unfair labor practice ...
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 : Andhra Pradesh
Reported in : AIR1965AP457
Venkatesam, J.(1) This appeal is directed against the judgment of the learned Subordinate Judge, Anantapur, in O. S. No. 8 of 1958. The facts necessary for the determination of the questions arising in this case are as follows : - The plaintiff J. Kuppanna Chetty, Ambati Ramayya Chetty and Company of Kadiri, is a firm carrying on business as groundnut and mundy merchants. They took on lease a groundnut decorticating factory at Kadiri, known by the name of Vittal Seshappa Chetty Sons, Groundnut Factory. The factory was under the management of one of the partners, Kuppanna Chetty. Vittan Subbayya Chetty, son of Seshayya Chetty was in arrears of Income-tax relating to the year 1951-52 and 1952-53 to the extent of Rs. 20,921-10-0 and Rs. 9,035-4-0, respectively. The Income-tax Officer issued a certificate under S. 46 (2) of the Income-tax Act, 1922, to the Collector of Bellary for realisation of the said arrears. The Tahsildar, Kadiri, was directed by the Collector to attach the said facto...
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad434; 1963CriLJ636
S. Ramachandra Iyer, C.J.1. This appeal, filed against the judgment of Balakrishna Ayyar, J., raises a question as to the constitutional validity of Section 171-A of the Sea Customs Act. That provision has been challenged as void before us on the ground that it contravenes Articles 14 and 20(3) of the Constitution. But the objection to the validity of the section under the first head, namely, that it denies equal protection of laws to persons similarly situate, was not taken before the learned Judge; nor even in the grounds of appeal before us. But in view of importance of the matter and as the learned Advocate-General had no objection to the question being raised at this stage, we have allowed learned counsel for the appellant to argue that point.2. We shall now set out the circumstances which have necessitated the appellant to call to his aid the Fundamental Rights declared under Articles 14 and 20(3).3. The appellant is a merchant at Madras trading under the name of Rainbow Trading ...
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 : Allahabad
Reported in : AIR1962All43
Desai, C.J.1. I respectfully differ from the judgments of ray brothers Mukerji find Dwivedi and consider that the appeal should be allowed and the suit bought against the appellants by the respondents should be dismissed. The findings of fact which cannot be challenged in second appeal are that the respondents were the owners of the constructions made on the land possessed by the appellants as their riyayas, that is as licensees, that they never abandoned the village, their rights as licensees and the constructions but continued to be the owners of the constructions and the licensees of the site and that during their absence the appellants unlawfully took possession of the constructions and their site, demolished, the constructions and included the site in their own cattle-shed or constructed a cattle-shed over it.On these findings the suit of the respondent was decreed by the trial court and they were ordered to be restored to possession over the sits of the constructions. There could...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP314; 1963CriLJ121
Krishna Rao J. 1. Twenty eight accused persons were tried by the Sessions Judge, Hyderabad and Secunderabad, on a charge under Section 400, I. P. C. The charge was that in June, 1953, they belonged to a gang of persons associated for the purpose of habitually committing dacoity and committed dacoities, from July, 1953 to October, 1954, in the districts of Medak, Hyderabad, Mahboobnagar, Karimnagar and Raichur. The learned Sessions Judge acquitted accused 5, 9, 10, 12, 16, 20, 22, 25, 26 and 28 and convicted the remaining 18 accused either under Section 400, or under Section 395 I. P. C. He convicted accused 1, 2, 6, 14, 19, 21, 23, 24, and 27 under Section 400 Indian Penal Code and sentenced them to imprisonment for life. Accused 3, 4, 7, 8, 11, 13, 15, 17 and 18 were convicted under Section 395 I. P. C. and awarded rigorous imprisonment for seven years and fines of Rs. 50/- each. The 18 convicted accused have each preferred a separate appeal.2. The case for the prosecution is briefly ...
Tag this Judgment!Court : Gujarat
Reported in : (1962)3GLR33
V.B. Raju, J.1. This is an appeal by the State of Gujarat against the acquittal of the respondent who was charged with having committed an offence punishable under Section 34 of the Bombay Money Lenders Act for having contravened Section 18(2) of the same Act in that he did not send copies of the accounts in respect of three money-lending transactions dated 24-12-57 27 and 30-12-57 relating to loans advanced by him to Kisnad Group Co-operative Multi-purpose Society. The learned Judicial Magistrate First Class Broach who tried the case acquitted the respondent on the ground that a loan to a Co-operative society was not included in the definition of loan contained in Section 2(9) of the Bombay Money-Lenders Act. On this ground he acquitted the respondent although according to the Magistrate all the facts about the advancing of the loans were admitted by the respondent who was accused.2. In appeal it is contended by the learned Government Pleader on behalf of the State that the view taken...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC845; [1960]3SCR250
Gajendragadkar, J. 1. In accordance with the directives issued by the Prima Ministers of India and Pakistan, on September 10, 1958, the Commonwealth Secretary, Ministry of External Affairs, Government of India and the Foreign Secretary, Ministry of Foreign Affairs and Commonwealth, Government of Pakistan, discussed 10 items of dispute between the two countries and signed a joint note recording their agreement in respect of the said disputes and submitted it to their respective Prima Ministers; and with a view to removing causes of tension and resolving border disputes and problems relating to Indo-Pakistan Border Areas and establishing peaceful conditions along those areas, the Prima Ministers, acting on behalf of their respective Governments, entered into an agreement settling some of the said disputes and problems in the manner set out in the said joint note. This agreement has been called the Indo-Pakistan Agreement and will be referred to hereafter as the Agreement. 2. In the prese...
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