Court : Supreme Court of India
Decided on : Oct-24-1962
Reported in : AIR1963SC1227; [1963]Supp(1)SCR750
Subba Rao, J.1. These appeals raise the same point, namely, the true interpretation of the expression 'recognised' in s. 3(2)(d) of the Madras Estates Land Act (1 of 1908), hereinafter called the Madras Act, and they can be disposed of together. 2. The facts giving rise to the said appeals may be briefly stated. The Government of Orissa treating the villages, which are the subject-matter of these appeals, as 'estates' issued notifications declaring that the said estates became vested in the State free from all encumbrances from the dates specified therein. The inamdars of the respective villages filed petitions in the High Court of Orissa under Art. 226 of the Constitution for the issue of an appropriate writ for cancelling the said notifications and for orders prohibiting the State from taking possession of the said villages. 3. The said villages can be placed in three groups, namely, (i) villages covered by Appeals Nos. 150, 151 and 155 which are admittedly within the geographical li...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-31-1962
Reported in : AIR1962Raj196
Bhandari, J.1. The three Writ Petitions referred to above seek to challenge the vires of the Nathdwara Temple Act (Act No. 13 of 1959) (hereinafter called 'the Act') passed by the Rajasthan State Legislature. This Act received the assent of the President on the 28th of March, 1959.2. Writ Petition No. 90 of 1959, has been filed by Shri Tilkayat Govindlalji Maharaj of Nathdwara (hereinafter called 'the Tilkayat').3. Writ Petition No. 310 of 1959 has been filed by Triyambak Lal and nine others who are the followers of the Vallabh Sampradaya and are hereinafter called 'the Vaighnavas'.4. The third Writ Petition No. 420 of 1960 has been filed by Goswami Shri Ghanshiam Lal, head of the Shrine of the Vallabh Sampradaya at Kamban (District Bharatpur). The respondents to all these Writ Petitions are the state of Rajasthan and the members of the Temple Board constituted under the Act and the executive officer of the Board appointed under the Act.5. Before we refer to the contentions of the peti...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-1962
Reported in : AIR1962SC1406; [1963]1SCR491
S.K. Das, J.1. These are three consolidated appeals which arise from the judgment and order of a Division Bench of Rajasthan High Court dated August, 9, 1957. They have been preferred to this Court on the strength of a certificate granted by the said High Court under Art. 132 of the Constitution certifying that the cases involve a substantial question of law as to the interpretation of Art. 301 and other connected articles relating to trade, commerce and intercourse within the territory of India, contained in Part XIII of the Constitution. These appeals were originally heard by a Bench of five Judges and on April 4, 1961, that Bench recorded an order to the effect that having regard to the importance of the constitutional issues involved and the views expressed in the decision of this Court in Atiabari Tea Co. Ltd. v. The State of Assam : [1961]1SCR809 , the appeals should be heard by a larger Bench. The appeals were then placed before the learned Chief Justice for necessary orders, an...
Tag this Judgment!Court : Kerala
Decided on : Jan-08-1962
Reported in : AIR1963Ker31
ORDERC.A. Vaidialingam, J.1. In all these eleven writ petitions, the common question that arises for consideration is as to whether the levy of land cess under the provisions of the Madras District Boards Act, 1920, Madras Act 14 of 1920, as amended by the Madras District Boards (Amendment) Act, 1957, Kerala Act 4 of 1958, is valid and could be sustained.2. There are also, no doubt, some special points raised in some of these writ petitions; and I will advert to them, after I consider the main grounds of attack that have been made regarding the validity of Kerala Act 4 of 1958. According to- the petitioners, the levy of land cess at a uniform rate, irrespective of the quality of the lands, is 'illegal, discriminatory and void and therefore, Kerala Act 4 of 1958 is an invalid piece of legislation. On the other hand, the learned Advocate General, appearing for the State, has sustained the levy under the Act, in question, as a levy which is within the competence of the State Legislature a...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-11-1962
Reported in : AIR1963AP270
Chandra Reddy C.J. 1. The question referred to the Full Bench is whether Clause (4) of Section 2, Hindu Women's Right to Separate Residence and Maintenance Act (19 of 1946) (hereinafter referred to as 'the Act') is applicable only if the husband contracts a marriage after the Act or whether the words 'marries again' are merely descriptive of the position of the husband as a twice married man at the date when the proceedings are taken under the Act, and they do not exclude from their operation the husband, who has taken a second wife before the Act. This point arises in all these appeals, some preferred by the wives and others by the husbands. For the sake of convenience, we will refer to the husbands as appellants and the wives as respondents.2. The answer to this question turns upon the interpreation of Clause (4) of Section 2 of the Act. That section is in these words;'2. Notwithstanding any custom or law to the contrary, a Hindu married woman shall be entitled to separate residence ...
Tag this Judgment!Court : Gujarat
Decided on : Nov-07-1962
Reported in : AIR1963Guj330; 1963CriLJ615; (1964)0GLR42
Mody, J.1. The petitioner claims to be a British Subject and a citizen of the United Kingdom. He also claims to hold a passport issued by Colony and Protectorate of Kenya in Africa under the British Crown.2. In the year 1960 the petitioner was in Nairobi in Kenya. He left the continent of Africa from the port of Mombasa on January 3, 1961 to come to India. It appears that after the petitioner's departure from Kenya, a criminal complaint was filed against the petitioner for an alleged offence under Section 308 of the Penal Code in force in Kenya for obtaining, between December 30, 1960 and January 2, 1961, goods by false pretence fromvarious merchants in Nairobi. These offences werealleged to have been committed within the jurisdiction of the Resident Magistrate's Court at Nairobi,It is not necessary to go into the details of allegations made against the petitioner in this writ application. It will be sufficient to state that the allegation was that the petitioner deposited 20 Shillings...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-17-1962
Reported in : AIR1963AP353
Satyanarayana Raju, J.1. By a policy of insurance, dated June 29, 1950, the plaintiff's brother, Viswanadham (hereinafter referred to as 'the assured'), insured his life for a sum of Rs. 10,000/- with the Warden Assurance Company Limited, the 1st defendant (hereinafter referred to as the insurer). The policy was, what is generally known as, an endowment policy. Under the terms of the policy, in return for the payment of an annual premium of Rs. 292-8-0 on May 20th of every year, for 40 years, the insurer agreed to pay the assured's heirs the sum of Rs. 10,000/-if the death of the assured should take place before the expiration of the period, and the like sum to the assured himself if he should survive the period. There is also a special term in the policy which provided that in case the assured died in an accident, an additional sum equal to the sum assured would be paid. It is common ground that the assured nominated his wife, Anasuya, as the person to whom the money secured by the po...
Tag this Judgment!Court : Mumbai
Decided on : Dec-05-1962
Reported in : AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115
Tambe, J.1. Both these matters can be disposed of by one judgment as they arise out of the same subject-matter. By Criminal Application No. 339 of 1952 the Government Pleader has moved this Court that opponents Nos. 1 to 3, viz., Mr. S. K. Irani, an advocate practising in this court, Mr. K. A. Master and Miss Master, have committed contempt of Court and action be taken against them under the Contempt of Courts Act and they be punished. Criminal Application No. 339 of 1962 has been made on the basis of a report made by Mr. A. G. Kotwal, 2nd Addl. Authority under the Payment of Wages Act, Greater Bombay.2. The facts in brief are:-- Mr. K. A. Master, the second opponent to Criminal Application No. 339 of 1962 had filed an application (Application No. 4492 of 1959) against M/s Jeena and Co. before the Payment of wages. Authority claiming certain amount as wages. This applicaiton was placed for disposal before Mr. A. G. Kotwal, 2nd Addl. Authority under the Payment of Wages Act, Bombay. It ...
Tag this Judgment!Court : Chennai
Decided on : Nov-27-1962
Reported in : (1963)1MLJ215
S. Ramachandra Iyer, C.J.1. These petitions filed under Article 226 of the Constitution raise the trite question, one on which there has been an uniformity of opinion expressed in this Court, whether the power vested in the licensing authority under the terms of the licence issued under the Madras Cinemas (Regulation) Act, 1.955, to cancel or suspend the licence can be exercised not merely for a contravention of the terms thereof but to breaches of the provisions of the Act and the Rules made there under.2. Under Section 10 of the Act the Government is empowered to make Rules inter alia providing for the terms, conditions and restrictions, subject to which a licence may be granted under the Act. The Rules which prescribed the conditions applicable to, and the procedure for obtaining, a licence, provide a standard form for the licence, it being left to the licensing authority to add thereto appropriate additional conditions. The relevant portion of a licence is as follows:This licence i...
Tag this Judgment!Court : Chennai
Decided on : Oct-24-1962
Reported in : AIR1964Mad335; (1963)IILLJ304Mad
ORDERVeeraswami, J.1. The petitioner entered service in 1941 as a cashier in the former Imperial Bank of India. The undertaking of the Bank was in 1955 transferred to the State Bank of India, as it was constituted by the provisions of the State Bank of India Act, 1955. Section 43 of this Act empowers the State Bank to appoint its officers, advisers and employees and determine the terms and conditions of their appointment and service. The petitioner was taken over into the service of the State Bank and was in 1958 appointed as head cashier under an agreement for service entered into on 12-8-1958 with it. Clause 1 of the agreement provided that the petitioner'shall be and continue to be the head cashier of Virudhunagar branch of the bank from 27-7-1958 at a monthly salary of Rs. 182 only rising, subject to approved service, by such increments as may be granted by the bank at its absolute discretion, such service being determinable on either side by two calendar months' notice to that eff...
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