Court : Supreme Court of India
Decided on : Dec-14-1976
Reported in : AIR1977SC265; (1977)1SCC750; [1977]2SCR421
Y.V. Chandrachud, J.1. This appeal by special leave raises a question of some interest and importance for decision. The question is whether the provisions of the Slum Areas (Improvement and Clearance) Act, 96 of 1956, override those of the Delhi Rent Control Act, 59 of 1958. If they do, no person can institute any suit or proceeding for the eviction of a tenant from any building or land in a slum area without the previous permission in writing of the competent authority. For the sake of brevity we will refer to these two enactments as the Slum Clearance Act' and the 'Delhi Rent Act respectively. 2. The respondent is a government servant employed in the Railway Ministry (Railway Board) and was in that capacity occupying quarters allotted to him by the Government at Nanakpura New Delhi. By a letter dated December 24, 1975 the Assistant Director of Estates called upon the respondent to vacate the quarters on or before December 31, 1975 on the ground that he owned a residential house and w...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-02-1976
Reported in : AIR1976SC2602; (1977)1SCC155; [1977]1SCR1072
V.R. Krishna Iyer, J.1. Two principal submissions, whose implications perhaps are of profound moment and have public impact, have been, at wide-ranging length, urged in this appeal by certificate, by Shri Shanti Bhushan, for the appellant/defendant and, with effective brevity, controverted by the Solicitor General, for respondent/1st plaintiff. The two focal points of the controversy are : (a) Is the appeal to the High Court by the State/1st plaintiff at all competent, entitlement as a 'party aggrieved' being absent, having regard to the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act 1 of 1951) (for short, the Act) ?; and (b) Is it sound to conceptualise 'area appurtenant to buildings' in Section 9 of the Act so narrowly as has been done by the High Court There were two plaintiffs-the State of Uttar Pradesh and the Gaon Sabha of Bedpura claiming common but alternative reliefs. The suit was for injunction or ejectment, on title, of the sole defendant who...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-23-1976
Reported in : AIR1976SC2283; (1977)1SCC70; [1976]3SCR832
V.R. Krishna Iyer, J.1. The first two civil appeals based on admitted, abbreviated facts, revolving round the election of the President of the Bassein Council (and the third raises virtually the same point but refers to the Bhibandi Municipal Council) under the Maharashtra Municipalities Act, 1965 (the Municipal Act, for short) has led to long and intricate argument thanks partly to the haziness and incongruity of the statutory provisions, and the hard job of harmonizing and illumining which, by interpretative effort, has drained us of our faith in the blessings of simplicity certainty and consistency in Indian codified law. We may pardonably but hopefully, permit ourselves by way of constructive criticism of perfunctory codification-a proliferating source of litigation that it was once thought. With a Code, all our troubles and cares would magically vanish. The law codified, would become stable, predictable and certain. The rules of law, purified, would be accessible to, and understoo...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-1976
Reported in : AIR1977SC1523; [1977]107ITR9(SC); (1977)2SCC519; [1977]2SCR483
V.R. Krishna Iyer, J.1. The fiscal - not the philosophical - implications of Jesus' pragmatic injunction 'Render to Caesar the things that are Caesar's, and to God the things that are God's'- fall for jural exploration in these appeals. by special leave, the appellant being the Union of India represented by the Commissioner of Income-tax, West Bengal, and the Respondent, Sree Jagannathji and the subject-matter the taxability of the deity Jagannathji by the State under the Income-tax Act, 1922, beyond the admitted point. To appreciate the exigibility issue, we have to flash back to 19th Century Bengal and the then prevailing societal ethos of affluent Hindu piety, and we find ourselves in the spiritual-legal company of Raja Rajendra Mullick, at once holy and wealthy, who, in advancing years, executed a comprehensive will to promote his cherished godly wishes and to provide for his secularly dear cause and near relatives. The construction of this testamentary complex of dispositions and ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-17-1976
Reported in : AIR1976SC670a; [1976]103ITR82(SC); (1976)1SCC916; [1976]3SCR413; 1976(8)LC295(SC)
R.S. Sarkaria, J.1. These appeals directed against a judgment of the High Court of Judicature at Gauhati raise a common question in regard to the inter-predation and constitutional validity of Sub-clause (a) of Clause (26) of Section 10 of the Income-tax Act, 1961 (for short, called the 1961 Act). The appeals will be disposed of by a common judgment.2. R. Takin Roy Rymbai (respondent in Civil Appeal 579 of 1975) belongs to Jaintia Scheduled Tribe and is a permanent resident of United Khasi-Jantia Hills Autonomous District under the Sixth Schedule of the Constitution within the State of Meghalaya. He joined service under the Government of Assam in 1941. In the previous year relevant to the assessment year 1970-71, he was posted at Shillong as Secretary to the Government of Assam The Assam Secretariat building and office, which constitute his place of work was within that quarter of the own which is included in Shillong Municipality and is not a part of the area described in para 20 of t...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-1976
Reported in : AIR1976SC2108; (1976)3SCC500; [1976]SuppSCR131; [1976]38STC176(SC)
P.K. Goswami, J.1. This judgment will govern both the appeals.2. These two appeals by special leave are directed against the common judgment of the Gujarat High Court in Sales Tax Reference No. 5 of 1969 relating to two periods, namely, (1) from 24th October, 1955 to 31st March, 1956 and (2) from 1st April, 1956 to 31st March, 1957.3. The Tribunal had earlier delivered a common judgment in two revision applications No. 121 and No. 122 of 1961 and made a composite reference to the High Court under the Bombay Sales Tax Act stating the following question for answer:Whether on the facts and in the circumstances of the case the three contracts for construction of coaches on the under-frames supplied by the Railway Administration, the contracts containing similar terms were contracts for sale of goods and not works contracts4. The facts appearing from the statement of case are as follows :--5. The respondent, M/s. Variety Body Builders, Baroda, entered into three contracts with the Western R...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-1976
Reported in : AIR1976SC2237; (1976)3SCC540; [1976]SuppSCR532; 1976(8)LC656(SC)
Jaswant Singh, J.1. This batch of 127 appeals by special leave which are directed against various judgments rendered by the High Court of Judicature at Allahabad in writ petitions and special appeals and relate to enforcement of certain obligations of licensees for retail vend of country liquor shall be disposed of by this judgment.2. The facts leading to these appeals are The State of Uttar Pradesh has under the U.P. Excise Act 1910 (Act No. IV of 1910) (hereinafter referred to as 'the Act') which contains provisions relating to all aspects and manifestations of intoxicating liquors and intoxicating drugs, that is to say, their import, export, transport, manufacture, sale and possession,, the exclusive right or privilege of manufacturing and selling liquor in that State. Section 24 of the Act lays down that subject to the provisions of Section 31, the Excise Commissioner may grant to any person a licence for the exclusive privilege--(1) of manufacturing or of supplying by wholesale, o...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-24-1976
Reported in : AIR1976SC2573; (1977)1SCC260; [1977]1SCR741
Y.V. Chandrachud, J.1.This is an appeal under Section 116A of the Representation of the People Act, 1951 from the judgment of the Patna High Court dated May 9. 1974 in Election Petition No. 42 of 1972.2. On March 29, 1972 the Election Commission issued a notification calling upon the Muzaffarpur Local Authorities Constituency to elect one member to the Bihar Legislative Council. That Constituency consists of the Municipalities of Muzaffarpur, Sitamarhi, Hajipur and Lalganj and the Notified Area Committees of Mahnur and Dumra. We are concerned in this appeal with the Notified Area Committee of Dumra only. According to the programme notified by the Election Commission, the last date for filing nominations was April 5, 1972. The poll was held on April 30 and the result of the election was declared on May 1, 1972. Respondent 1 Ram Bilas Jha, an independent candidate, secured the highest number of votes, namely 61 whereas his nearest rival respondent 5, Mahanth Raghunath Das, a Congress (R)...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-23-1976
Reported in : AIR1976SC1565; (1976)3SCC660; [1976]3SCR789; 1976(8)LC389(SC)
M.H. Beg, J.1. This appeal by Special leave is from the judgment dated 6 February, 1970 of the High Court at Bombay The Respondent No. 1 obtained a decree from redemption of mortgage dated 21 May, 1953 for possession of mortgaged property consisting of a shop and house premises at Sangli.2. The appellant was mortgagee in possession of the property by a Deed of Mortgage dated 21 May, 1953. The property was mortgaged for Rs. 10, 000/-. No interest was to be paid. Instead possession of the property was agreed to remain with the mortgages. The period for redeeming the mortgage was fixed for 10 years from 7 November, 1963.3. The respondent mortgagor by notice dated 1 October, 1963 informed the appellant that he was ready and willing to redeem the mortgage. The appellant replied that he should be paid Rs. 30,000/- being the expenses for repairs and other incidental expenses. The appellant also claimed that even after the redemption he was entitled to retain possession because his previous te...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-1976
Reported in : AIR1976SC1393; (1976)3SCC784; [1976]3SCR869; 1976(8)LC418(SC)
Y.V. Chandrachud, J.1. Certain lands situated in Usmanpur and Dariyabad in the district of Allahabad are in the possession of the appellant, some as Bhumi-dhar, some as a Sirdar, and some as a hereditary tenant. The lands about on the Jamuna river and are submerged by the river water when the river is in flood. When the flood recedes large quantities of sand, gravel, boulders and bajris are deposited on the surface of the lands. The appellant lays claim to the deposits left behind by the fluvial action of the river contending that since he is the owner of the lands or is otherwise entitled to an unrestricted user of the lands, he would be entitled to appropriate the deposits to the exclusion of all others.2. The Mines and Minerals Department, Government of Uttar Pradesh, took steps in about 1970 to sell by auction the right to remove the sand, gravel and bajris deposited on the appellant's lands. On October 13, 1970 the appellant made an application to the Officer in-charge, Mines, All...
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