Court : Supreme Court of India
Decided on : Mar-21-1975
Reported in : AIR1975SC1172; (1975)1SCC763; [1975]SuppSCR9
1. The petitioners Nos. 2 to 5 in Writ Petition No. 37 of 1970 are the sole partners of petitioner No. 1 which is a registered partnership firm (briefly thefirm) carrying on the business of manufacturing, marketing and selling bidis under the pictorial representation and the trade name 'Chhatrapati Shivaji Bidi'. The firm is the sole proprietor of the Registered Trade Mark No. 12549 in respect. of the pictorial representation of the picture of 'Chhatrapati Shivaji' and of the Registered Trade Mark No. 12550 in respect of the trade name 'Chhatrapati Shivaji' registered in the Registry of Trade Marks, Bombay. The petitioner in Writ Petition No. 38 of 1970 supporting the petitioners in Writ Petition No. 37 of 1970 has submitted the additional petition claiming the same reliefs. In fact the petitioner in Writ Petition No. 38 of 1970 (briefly the company) has also been impleaded as respondent No. 4 in Writ Petition No. 37 of 1970.2. According to the petitioners the business of manufacturing...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-01-1975
Reported in : AIR1976SC1031; (1976)1SCC466; [1976]1SCR552
A. Alagiriswami, J.1. The validity of the Kerala State Electricity Supply (Kerala State Electricity Board and Licensees Areas) Surcharge Order 1968 is in question in these appeals. That order was passed in exercise of the powers conferred by Section 3 of the Kerala Essential Articles Control (Temporary Powers) Act, 1961. It obliges the Board to collect surcharges from non-licensee consumers of electricity even though the Board may have entered into long-term contracts with them with regard to the rate at which electricity is to be supplied to them. The Act is one to provide, in the interest of the general public for the control of the production, supply and distribution of, and trade and commerce in certain articles. Section 2(a) of the Act defines 'essential article' as meaning any article (not being an essential commodity as defined in the Essential Commodities Act, 1955) which may be declared by the Government by notified order to be an essential article. Section 3 enables the Gover...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-22-1975
Reported in : AIR1975SC929; 1975LabIC585; (1975)4SCC203; [1975]3SCR306
1. The short question that arises for consideration in these petitions is as to the validity of the equation of posts of graduate teachers allotted to the new State of Mysore constituted under the States Reorganisation Act, 1956. This Act re-drew the boundaries of the different States in India with effect from 1st November, 1956 and inter alia a new State of Mysore was formed comprising the territories of the existing States of Mysore and Coorg, four districts in the existing State of Bombay, three districts in the existing State of Hyderabad and one district in the existing State of Madras. Prior to the reorganisation, each of these five integrating areas, which went to make up the new State of Mysore, had a different set up of school administration. The schools in the Mysore and Coorg areas were classified into Primary schools, Middle schools and High schools. In the Bombay and Madras areas, the schools were classified into Primary schools and Secondary schools and in the Hyderabad a...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-27-1975
Reported in : AIR1975SC1017; (1975)4SCC16; [1975]3SCR735; 1975(7)LC275(SC)
1. These six appeals by certificates granted by the High Court of Delhi arise out of six writ petitions filed by the respondent before us challenging the validity of six notices dated September 7, 1965 issued under Section 148 of the Income-Tax Act, 1961 (hereinafter referred to as the Act). The notices relate to the assessment years 1949-50, 1950-51 and 1951-52, the corresponding accounting years ending on the 30th September of 1948, 1949 and 1950 respectively. Three of the notices were issued to the petitioner in his individual capacity and the other three were served on him as a member of an association of persons. The petitioner had been assessed as an individual for the aforesaid assessment years in accordance with the provisions of the Indian Income-Tax Act 1922. Thereafter a Commission known as Vivian Bose Commission was appointed to enquire into the affairs of various companies with which the appellant was alleged to have been associated. On the facts disclosed in the report of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-06-1975
Reported in : AIR1976SC145; [1975(31)FLR358]; (1976)ILLJ33SC; (1975)2SCC847; [1976]2SCR138
P.N. Bhagwati, J. 1. Here, in this case, once again arises the question as to what is an 'industry' within the meaning of the Industrial Disputes Act, 1947. This question has continually baffled and perplexed the Courts in our country. There have been various judicial ventures in this rather volatile area of the law. The Act gives a definition of 'industry' in Section 2(j) but this definition is not very vocal and it has defied analysis, so that judicial effort has been ultimately reduced merely to evolving tests by reference to characteristics regarded as essential for constituting an activity as an 'industry'. The decided cases show that these tests have not been uniform; they have been guided more by an empirical rather than a strictly analytical approach. Sometimes these tests have been liberally conceived, sometimes narrowly. The latest exposition is to be found in the judgment of a Bench of six Judges of this Court in Safdarjung Hospital v. K. S. Sethi : (1970)IILLJ266SC . But wh...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-28-1975
Reported in : AIR1976SC10; [1975]101ITR234(SC); (1976)1SCC254; [1976]1SCR461
H.R. Khanna, J.1. The detailed facts of this case have been given in the judgment of our learned brother Beg J. and need not be repeated. The question of law which was referred to the High Court and which has been answered in the negative against the assessee-appellant is as follows:Whether on the facts and in the circumstances of the case, the income of the Lok Shikshana Trust was entitled to exemption under Section 11 of the Income-tax Act, 1,961, read with Section 2(15) of the same Act, for the assessment year 1962-63? 'Charitable purpose' was defined in Section 4(3) of the Indian Income-tax Act, 1922 as under:In this sub-section 'charitable purpose' includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility. The definition of 'charitable purpose' as given in Section 2(15) of the Income-tax Act, 1961 (hereinafter referred to as the Act) with which we are concerned reads as under:(15) 'Charitable purpose' includes relief ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-18-1975
Reported in : AIR1975SC1389; (1975)2SCC302; [1975]SuppSCR151
1. The central issue in these petitions deals with the question whether a statute and a rule earlier declared by the Court unConstitutional or otherwise invalid, can be retroactive through fresh validating legislation enacted by the competent Legislature. More pointedly, the Constitutionality of Rule 20(2) framed by the Bihar Government under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (Act LXVII of 1957)(for short, the Central Act) and the second proviso to Section 10(2) of the Bihar Land Reforms Act, 1950 (for brevity, the Bihar Act) has been challenged on various grounds in the petitions, a validating statute by Parliament transforming them into Central legislation, as will be presently explained. The subject of the litigation is minor minerals and the right of the petitioners adversely affected by the impugned legislation, is to quarry stones etc., on the strength of leases granted to them by erstwhile proprietors whose ownership vested in the State ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-30-1975
Reported in : AIR1976SC294; 1976CriLJ295; 1976MhLJ174(SC); (1976)78PLR194; (1976)1SCC727; [1976]2SCR11
R.S. Sarkaria, J.1. This appeal by special leave is directed against a judgment of the High Court of Delhi upholding the conviction and sentence of the appellant under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and Section 161, Penal Code. The facts are these:2. On 16-1-1970, Ramesh alias Kaka (PW 1), Mst. Maya (PW 2) and Jayna (PW 8) went to the Railway Station to receive one Mst. Mumtaz, who was expected from Bombay by 1.45 p. m. train. Finding them loitering there, a constable of the Railway police took them to the appellant at the Railway Police Post where he was posted as an Assistant Sub-Inspector. The appellant gave a beating to Ramesh and demanded an explanation as to why they had come to the Railway Station. Ramesh said that they had come to receive 6ne Mst. Mumtaz, who was expected from Bombay by train at about 1.45 P. M, The appellant questioned if Mumtaz was being brought to Delhi for prostitution. Ramesh and his companions refuted the insinu...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-1975
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... also in the law by section 7 of act 40 of 1975, adding the following at the end of the explanation to section 123(7) of the act:(3) for the purposes of clause (7), notwithstanding anything contained in any other law, the publication in the official gazette of the ..... all in accepting the correctness of a resignation effective from the date which both parties to the contract, on patent facts, had agreed to. no rights of an innocent 3rd party were either involved or affected ..... of a special case. all certificates and reports of the election court are entered in the journals of the house. under section 124 (5) of the english representation of the people act, 1949, it is the duty of the house to make orders for carrying the determination ..... this court in at least four election cases, the last of them being kanta kathuria v. manak chand surana : [1970]2scr835 . but in all of these cases, what the legislature did was to change the law retrospectively so as to remove the reason of disqualification ..... act, particularly, with regard to election expenses as laid down in section 63 of the english act is regarded as open to doubt until the point is settled by the decision of an election court.145. sections 171-a to 171-1 of the indian penal code and the provisions contained in sections 125 to 136 of the 1951 act follow the pattern of english acts ..... p. 38-39).547. we know that coke even advanced the claim, in bonham's case (1610) 8 co. rep 118 a that courts could invalidate acts of parliament if .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-11-1975
Reported in : AIR1975SC667; (1975)4SCC769
R.S. Sarkajha J.1. Ch. Rizak Ram, Ch. Jaswant Singh Chouhan and three others, contested the election to the Haryana Vidhan Sabha from 'Rai-37' Haryana Vidhan Sabha Constituency. The poll was held on March 11, 1972. The result was announced on March 13, 1972. Ch. Rizak Ram was declared elected having secured 19631 votes as against 18072 polled by Ch. Jaswant Singh, his nearest rival.2. Ch. Jaswant Singh, respondent (to be called the petitioner hereafter) filed an election petition under the Representation of the People Act, 1951 (hereinafter called the Act) challenging the election of the appellant on various grounds, of which the following only survive for the purpose of this appeal:(a) The returned candidate hired on payment of Rs. 200/- or procured otherwise than on payment. Truck No. HRR-5167 belonging to Lakhi Ram son of Hira, resident of Turakpur and on March 11, 1972, used that vehicle for the free conveyance of electors named in Schedule 'A' annexed to the election petition, fro...
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