Court : Supreme Court of India
Reported in : AIR1956SC488; 1956CriLJ919; [1956]1SCR363
Chandrasekhara Aiyar, J.1. The appellant Basdev of the village of Harigarh is a retired military Jamadar. He is charged with the murder of a young boy named Maghar Singh, aged about 15 to 16. Both of them and others of the same village went to attend a wedding in another village. All of them went to the house of the bride to take the midday meal on the 12th March, 1954. Some had settled down in their seats and some had not. The appellant asked Maghar Singh, the young boy to step aside a little so that he may occupy a convenient seat. But Maghar Singh did not move. The appellant whipped out a pistol and shot the boy in the abdomen. The injury proved fatal. 2. The party that had assembled for the marriage at the bride's house seems to have made itself very merry and much drinking was indulged in. The appellant Jamadar boozed quite a lot and he became very drunk and intoxicated. The learned Sessions Judge says 'he was excessively drunk' and that 'according to the evidence of one witness W...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC593; 1957(0)BLJR264; [1956]1SCR451
Venkatarama Ayyar, J.1. This appeal arises out of a suit instituted by one Krishna Rao, since deceased, and now represented by his son and heir, the respondent herein, for a declaration of his title to certain building sites situate in Bangalore in the State of Mysore, and for consequential reliefs. These properties belonged to one Munuswami, who died leaving him surviving his third wife Chellammal, three sons by his predeceased wives, Keshavananda, Madhavananda and Brahmananda, and three minor daughters, Shankaramma, Srikantamma and Devamma. On 1-9-1981 the three brothers executed a usufructuary mortgage for Rs. 16,000 in favour of one Abdul Huq over a bungalow and vacant sites including the properties concerned in this litigation. A period of three years was fixed for redemption. There was a lease back of the properties by the mortgagee to the mortgagors on 3-9-1918, and it was also for a period of three years. On 6-9-1918 the three brothers effected a partition under a deed, Exhibit...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC575; (1956)58BOMLR1026; 1956CriLJ1116; [1956]1SCR483
Sinha, J. 1. This is an appeal by special leave directed against the concurrent orders and judgments of the courts below convicting the appellant under section 409, Indian Penal Code and sentencing him to rigorous imprisonment for three months and a fine of Rs. 201 or in default, further six weeks rigorous imprisonment. As the appellant had been convicted and sentenced for a similar offence in another case tried by the same Presidency Magistrate, 19th Court, Esplanade, Bombay, he directed the sentence in this case to run concurrently with the sentence in the other case. The charge against the accused in the trial court is in these terms :- 'The Accused is charged under section 409 of the Indian Penal Code for committing criminal breach of trust in respect of property to wit 3% Government Promissory Loan Notes 1966-68 of the face value of Rs. 50,000 and 2 1/2% Government Promissory Notes 1961 of the face value of Rs. 25,000 in or about February to May 1949 entrusted to him in his capaci...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC585; (1956)58BOMLR1007; 1956CriLJ1126; [1956]1SCR533
Sinha, J.1. These petitions under article 32 of the Constitution challenge the constitutionality of some of the provisions of the Bombay Police Act, XXII of 1951 (which hereinafter will be referred to as 'The Act'), with special reference to section 56, as also of the orders passed against them externing them under that section of the Act.2. In Petition No. 439 of 1955 Babubhai Dullabhbhai Bhandari is the petitioner and the District Magistrate of Thana, the Deputy Superintendent of Police and Sub-Divisional Police Officer, Bhivandi Division, Bhiwandi, District Thana, and the State of Bombay are respondents 1, 2 and 3. The petitioner is a citizen of India and carries on trade in grass at Bhilad, a railway station on the Western Railway. On 21st January 1955 the Deputy Superintendent of Police and Sub-Divisional Police Officer, Bhiwandi Division, served a notice under section 56 the Act in the following terms :-'No. Ext. 3/1 of 1955Office of the S.D.P.O. Bhiwandi,Bhiwandi, dated 21-1-195...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC731; 1956CriLJ1365; 1957(0)KLT25(SC)
S.K. Das, J.1. This is an appeal by special leave from a decision of the High Court of Mysore, dated 22-7-1954, by which the convictions and sentences of the appellants were confirmed and their appeals dismissed by the said High Court.2. The Appellants are four in number, (1), Chikkarange Gowda (accused 1), (2) Govindaraju (accused 3), (3) Govinda Gowda (accused 14), (4) Mathi Kulla (accused 19). The appellants, along with several others, were, tried by the learned Sessions Judge of Mysore, who convicted them of the offences under Sections 148, 302, and 302 read with Sections 34 and 149, Penal Code. They were sentenced to rigorous imprisonment for three years for the offence under Section 148, Penal Code, and to transportation for life for the offences under Section 302 and Section 302 read with Sections 34 and 149, Penal Code.Either during the trial or at the time of recording the convictions, the learned Sessions Judge did not make any distinction, nor did he clearly state which of t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC614; [1956]26CompCas280(SC); [1956]1SCR603
Jagannadhadas, J.1. This is an appeal by special leave against an order of the High Court of Punjab dated the 12th May, 1955, in the following circumstances. 2. The appellant was a resident of Lahore who came over to India in or about November, 1947, and took up residence at Banaras as a displaced person. He had, prior to the 15th August, 1947, a fixed deposit of Rs. 1,00,000 in the Lahore Branch of the Simla Banking and Industrial Co. Ltd. (hereinafter referred to as the Bank) which had its head-office at Simla. He had also at the time a cash-credit account in the bank. The fixed deposit matured in 1948. The Bank did not pay the amount to the appellant in spite of repeated demands but seems to have adjusted it towards parts payment of a sum of Rs. 4,00,000 which is alleged to have been due from the appellant to the Bank in his cash-credit account and which the appellant disputed and denied. On the 7th November, 1951, the Displaced Persons (Debts Adjustment) Act, 1951 (LXX of 1951) was...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC754
Bhagwati, J.1. This appeal with special leave is limited to the question of sentence only.2 The appellant along with one Inder Singh and 4 others was charged under Section 302 read with Section 34, Penal Code with having committed the murder of one Sohan Singh. The four others were acquitted but the appellant and Inder Singh were convicted of the offence with which they had been charged. The learned Sessions Judge, Ferozepore, while convicting them as above, sentenced each of them to death subject to confirmation by the High Court. The High Court, on hearing the death reference, confirmed the convictions and the sentence of death passed on the appellant though it reduced the sentence imposed upon Inder Singh to one of transportation for life.3. Both the appellant and Inder Singh were armed with rifles and both of them were alleged to have fired the rifles at Bishan Singh, who was the target of the attack. Both the Courts found that the appellant and Inder Singh entertained the common i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC324; 1957CriLJ420
Govinda Menon, J.1. This is an appeal, by special leave, preferred by Dharman, son of Dhani Ram (accused No. 2), against the dismissal of his appeal by the High Court of Punjab, at Simla, thereby confirming the conviction and sentence of transportation for life passed on him by the Sessions Judge of Rohtak.2. The facts which gave rise to the prosecution may be briefly stated as follows:--There was a dispute regarding a vacant piece of shamilat land in which the contending parties were, the party of the accused on one side and the party of the deceased on the other. Whereas the accused claimed that the land was in their possession, the party of the deceased put forward the claim that they had set up a lime crushing machine on the land and that the land had been in their possession for many years. On the 13th of June, 1953, the party of the deceased built a kacha wall near this machine which had the effect of shutting off the door of a pucca gher, belonging to the party of the accused. P...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC28; 1957(0)BLJR260; (1957)59BOMLR87; 1957CriLJ10; [1956]1SCR653
Venkatarama Ayyar, J.1. These are petitions filed under article 32 of the Constitution for the issue of writs in the nature of habeas corpus. They arise on the same facts and raise the same questions. 2. On 13-1-1956 the Commissioner of Police, Bombay, passed orders under section 3(2) of the Preventive Detention Act IV of 1950 (hereinafter referred to as the Act), directing the detention of the present petitioners, and pursuant thereto, they were actually arrested on 16-1-1956. The grounds on which the orders were made were formulated on 19-1-1956, and communicated to the petitioners the next day. On 21-1-1956 the Commissioner reported the fact of the order and the grounds therefore to the State Government, which approved of the same on 23-1-1956. 3. The contention of the petitioners before us is that when the Commissioner passed the orders for detention on 13-1-1956, it was his duty under section 3(3) to report that fact forthwith to the State Government, and as he did not do so until...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1957SC232; [1957]1SCR98
Sinha, J.1. This is an appeal by special leave from the judgment and order, dated September 22, 1955, passed by the Letters Patent Bench of the Nagpur High Court reversing those of a single Judge of that Court, dated December 13, 1954, refusing to issue a writ in the nature of a certiorari. 2. The facts of this case lie in a short compass and may be stated as follows : The Suwarna Transport Company Limited, which will be referred to as the first respondent in the course of this judgment, held seven permits for running buses on the Buldana-Malkapur route, as the sole operator on that route. It applied for another permit for the same route. The appellant, The New Prakash Transport Co. Ltd., as also another party called the Navjivan Transport Service (not cited in this Court) applied for a similar permit on that route. On May 26, 1953, all the three applicants aforesaid were heard by the Regional Transport Authority of Amraoti, which is the third respondent in this Court, in connection wi...
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