Court : Chennai
Decided on : Apr-07-1955
Reported in : AIR1955Mad694
Mack, J.1. This, is a Letters Patent Appeal admitted by a learned Bench of this court against C. M. A. No. 522 of 1952, against an order by Basheer Ahmed Sayeed J. dismissing an appeal against an order of the learned City Civil Judge Madras, refusing to stay O. S. No. 405 of 1952 under Section 34 of the Arbitration Act, 10 of 1940.2. The facts are shortly these. Appellant and the defendant in the suit is the South India Co-operative Insurance Society. Ltd.. Madras. The suit was filed by the plaintiff respondent as a nominee of an insurance policy taken but with, this society by his late brother, Mr. Viyyanna, an advocate, who died on 10-4-1949. The policy was a double endowment policy No. 2190 dated 9-4-1935, under which a sum of Rs. 1,000 was payable if the assured died within a period of 15 years from the date of the policy. An enhanced sum of Rs. 2,000 would become payable if he survived this period.The policy matured on 8-4-1950 and the last premium was payable on 9-1-1950. The Soc...
Tag this Judgment!Court : Kolkata
Decided on : Jan-12-1955
Reported in : AIR1955Cal258,59CWN550
Chakravartti, C.J. The question involved in this appeal has been described by the learned trial Judge as a very important question. It is not important in the sense of being a difficult or a serious question, but it has become important, because certain assumptions have come to be attached to it which have caused this Court, in certain instances, to exercise a power where neither the power, nor any occasion for its exercise really existed. The answer to the question, however, appears to be plain. We were able to reach that answer without much difficulty, because the learned Senior Standing Counsel, who appeared for the appellant, made no serious attempt to argue the unarguable. 2. The facts are simple. The appellants, Messrs. Tarachand Ghanshyamdas, brought a suit in the Court of the Subordinate Judge, Berhampore, against Sree Radhakrishna Sugar Mills Ltd., (In Liquidation), and certain other parties for the enforcement of a charge, alleged to have been created by a certain Debenture o...
Tag this Judgment!Court : Kolkata
Decided on : Mar-03-1955
Reported in : AIR1957Cal135,60CWN590
R.P. Mookerjee, J.1. The plaintiff respondent Company brought a suit in the 4th Court of the Subordinate Judge at Alipore for a declaration that the Trade Mark 'Sakti' is being used and exploited by the plaintiff ever since 1936 and is not liable to be sold in execution of a certain decree which has been passed against the pro forma defendant Madhusudhan Majumdar at least till the disposal of the application by the plaintiff before the Registrar of Trade Marks for registration as a user and for certain other reliefs.2. Manash Chakravarty, defendant No. 1 appellant before this Court raised various defences as regards the merits of the case and. in addition, the jurisdiction of the court to entertain the suit in the present form was also questioned. Defence was also filed on behalf of the other contesting defendants.3. Various issues were raised including one Which was in the following terms:'Has the Court jurisdiction to try the suit?'4. This issue along with another were taken up as pr...
Tag this Judgment!Court : Mumbai
Decided on : Oct-05-1955
Reported in : [1956]29ITR857(Bom)
Desai, J.1. By this petition the petitioners seek a writ in the nature of prohibition or other appropriate writ, order or direction directed to respondent No. 1 who is the Income-tax Officer, Market Ward, Bombay, and respondent No. 2, the Union of India, restraining respondent No. 1 from taking any steps or proceedings in pursuance of a show cause notice issued by him on the firm of Purshottum Laxmidas, who are petitioners No. 2 before me. On April 30, 1955, respondent No. 1, acting under section 34 of the Income-tax Act, issued the notice : 'Whereas I have reason to believe that your income assessable to income-tax for the year ending March 31, 1943, has been under assessed, I, therefore, propose to reassess to income allowance that has been under-assessed : I hereby require you to deliver to me within 35 days of the receipt of this notice a return in the attached form of your total income and total world income assessable for the said year ending March 31, 1943. This notice is being...
Tag this Judgment!Court : Allahabad
Decided on : Oct-19-1955
Reported in : AIR1957All53; 1957CriLJ32
Mukerji, J.1. In this case I have had the advantage of reading the carefully prepared judgment of my learned brother James. I am in agreement with him that the State appeal should be allowed as against two of the respondents, namely Nathu and Murli.2. I consider it unnecessary to go into the facts of this case in any detail, inasmuch as, all the facts have been set out in my learned brother's judgment. I shall, therefore, only briefly indicate the reasons that have impelled me to agree with the conclusions arrived at by my learned brother.3. A young girl Ram Kali was done to death and the respondents were charged with her murder. The prosecution were able to call at the trial Imirti, the wife of Misri, to give direct testimony of the murder. The position of Imirti was more or less that of an accomplice in the case, so that her testimony could not be relied upon without adequate corroboration. There was a further difficulty in accepting Imirti's testimony without corroboration, because ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1955
Reported in : AIR1956SC202; [1955]2SCR1076; [1956]7STC113(SC)
Das Acting C.J.1. The only question canvassed before us in the above appeals, which have been heard together, is whether certain sales of goods made by Shri Ganesh Jute Mills Ltd. (hereinafter referred to as the Mills) to the Government of India, Ministry of Industry and Supplies are to be deducted from the taxable turnover of the Mills so as to be exempt from sales tax demanded by the Commercial Tax officer of the State of West Bengal. The relevant facts are stated below. 2. On the first of September 1948 the Government of India, Ministry of Industry and Supplies, in Calcutta, placed with the Mills a confirmatory order in writing bearing No. Cal/J - 1/2001/103 for the supply to the Government of India of a large quantity of hessian cloth of different descriptions at different prices therein mentioned. It was stipulated that the contract would be governed by the conditions of contract specified in Form WSB 133 as amended up-to-date. It was specifically mentioned that the goods ordered ...
Tag this Judgment!Court : Mumbai
Decided on : Dec-14-1955
Reported in : AIR1956Bom304
1. This a petition for the issue of a direction, writ or order restraining the State of Bombay from enforcing the provisions of the Bombay Prohibition Act and the Rules and Resolutions passed thereunder in respect of a preparation known as Hall's Wine. Petitioner are the sole agents of Hall's Wine in India and petitioner 2 is the Managing Director of Petitioners 1 who are private Limited Company, and petitioner 2 states in his petition that he buys, possesses and consumes tor the purposes of his Health Hall's Wine. 2. In order to appreciate the questions that arise for determination on this petition, it would be convenient at the outset to set out shortly the provisions of the prohibition law of the State, the challenge partially successful to that law in the Courts, subsequent amendments in the law designed to give effects to the decisions of the Courts and the Rules made and the Resolutions passed in pursuance of the law. Now, the Bombay Prohibition Act is a pre-Constitution Act and ...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-21-1955
Reported in : 1956CriLJ1320
Srinivasachari, J.1. These are second appeals, on behalf of the three accused in a criminal case. The second appeal was competent under the Hyderabad Criminal P.C. The charge was laid against three persons of an offence under Section 342, Indian Penal Code corresponding to Section 409, Indian Penal Code. The prosecution alleged that there was a Local Unit established under the Commercial Corporation, Supply Department of the Hyderabad State in Chartana, Jithur Taluq, Parbhani District. This was established on 6th Khurdad 1353 F and it is stated that this Local Unite was to receive the levy of grain supplied by cultivators and dispose it of as per the instructions of the Govt. It is further stated that the District Commercial Officer of the Corporation received an anonymous report that grain in the godown of this Unit was sold by the members of the Local Unit. The D.C.O. directed the Tehsildar to make enquiries & he also went to the spot, inspected the godowns and affixed seal on them. ...
Tag this Judgment!Court : Allahabad
Decided on : Dec-06-1955
Reported in : AIR1956All392
Mootham, C.J.1. This is an application under Article 133(1) of the Constitution for leave to appeal to the Supreme Court from a judgment of this Court dated 19-4-1955, answering adversely to the applicants a reference made to it by the Revision Board under Section 24 of the United Provinces Agricultural Income-tax Act, 1948.2. The applicants had been assessed to Agricultural Income-tax under that Act, and an appealmade by them under Section 21 of the Act against theorder of the assessing authority had been dismissed.Sub-section (2) of Section 24 provides that in such circumstances an assessee may within the time prescribedand upon payment of the requisite fee apply to theRevision Board to refer to the High Court anyquestion of law arising out of the appellate order,and Sub-section (7) so far as it is relevant, then providesthat'The High Court upon the hearing of any such case shall decide the questions of law raised thereby and shall send to the Revision Board a copy of such judgment u...
Tag this Judgment!Court : Chennai
Decided on : Nov-16-1955
Reported in : (1956)1MLJ441
ORDERRamaswami Gounder, J.1. This is a second appeal preferred against the decree and judgment of the learned District Judge of Ramanathapuram in A.S. No. 18 of 1946 confirming the decree and judgment of the learned Subordinate Judge of Devakottai in O.S. No. 113 of 1944.2. This second appeal is being heard by a Bench as Raghava Rao, J., was of opinion that an important question of Hindu Law of adoption was involved in this case.3. The facts necessary for comprehending the questions relating to adoption involved in the case are: One Umayal Achi who died some time before January 1928 was the mother of two daughters, viz-, Kanthimathi and Sivakami. Kanthimathi who died on 27th August, 1935, was got married as the second wife of the second defendant Chockalingam Chettiar. This Chockalingam Chettiar's first deceased wife was one Visalakshi. Sivakami was the first defendant in the suit. The plaintiff Somasundaram alias Alagappa Chettiar contends that he has been adopted by the second defend...
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