Court : Supreme Court of India
Reported in : AIR1960SC51; (1960)62BOMLR58; [1960]1SCR605
S.K. Das, J. 1. This is an appeal on a certificate granted by the High Court of Bombay under Art. 132(1) of the Constitution, and the question involved in the appeal is the true scope and effect of Art. 3 of the Constitution, particularly of the proviso thereto as it stands after the Constitution (Fifth Amendment) Act, 1955. 2. On December 22, 1953, the Prime Minister of India made a statement in Parliament to the effect that a Commission would be appointed to examine 'objectively and dispassionately' the question of the re-organisation of the States of the Indian Union 'so that the welfare of the people of each constituent units as well as the nation as a whole is promoted'. This was followed by the appointment of a Commission under a resolution of the Union Government in the Ministry of Home Affairs, dated December 29, 1953. The Commission submitted its report in due course and on April 18, 1956; a Bill was introduced in the House of the People (Lok Sabha) entitled The States Reorgan...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj138
Modi, J. 1. These are two appeals by the defendant State against two separate judgments of the District Judge Bikaner of the same date that is tile 31st May, 1954, by which he decreed the suits of the two plaintiffs for damages for breach of certain alleged contracts of service. As these appeals raise precisely the same questions of law, this judgment will govern both of them.2. The salient facts of the two cases may be shortly stated as follows:3. The suit in appeal No. 77 of 1954 was filed by Laxminarain, a legal practitioner of the erstwhile Covenanting State of Bikaner and now an Advocate of this Court. His case was that ho had been engaged by the former State of Bikaner as an Assistant Government Advocate in 1931 and since then he had been in continuous employment as such or as Acting Government Advocate or as Government Advocate until October, 1947 in that State. The plaintiff had the option throughout this period to continue his civil practice. From November, 1, 1947, an agreeme...
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR172; [1960]11STC811(Bom)
Kotval, J. 1. The petitioners Messrs Ramkrishna Ramnath, Bidi Merchants of Kamptee, carry on the business of manufacture and sale of bidis, with their head office at Kamptee and branch offices at several other places such as Tumsar, Gondia, Bhandara, Tiroda, Nagpur, Akola and other places in Vidarbha. The petitioners are registered dealers under section 8 of the Central Provinces and Berar Sales Tax Act, 1947 (XXI of 1947), hereinafter referred to as the Act. As registered dealers, the petitioners were making quarterly returns under section 10 of the Act. For the period from 7th November, 1953, to 26th October, 1954, they had similarly made their returns. It is now not in dispute that these returns were not made upon the due dates under the Act but were delayed by some days. The respective dates on which the returns were due and were actually filed are shown in a tabular statement below :- ---------------------------------------------------------------------- Return for the Due date D...
Tag this Judgment!Court : Mumbai
Reported in : (1960)ILLJ110Bom
Acts/Rules/Orders: Industrial Disputes Act, 1947 - Sections 2, 3, 12(4), 12(5), 36 and 36(1)AWARD1. This is a reference under S. 12(5) of the Industrial Disputes Act, XIV of 1947, read with S. 3 of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955, by the Government of Bombay in respect of a dispute between the Hindu, Bombay, and the workmen (working journalists) employed under it over the following demand by the latter :- 'Sri Salivateeswaran should be paid the following :- Rs. Notice pay three months' wages at the rate of Rs. 1,276 per month .... 3,828 Earned leave with wages for three months .... 3,828 Wages in lieu of medical leave .... 3,828 Retrenchment compensation at the rate of 15 days' wages for every completedyear of service or any part thereof in excess of six months for 28 years of service .... 17,864 Gratuity at the rate of 15 days for every completed year of service of 28 years .... 17,864 Arrears of telephone rental at the rate of Rs...
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad320; [1960]38ITR325(Mad)
Ramachandra Iyer, J.(1) This is a petition under Art. 226 of the for the issue of a writ of certiorari, calling for the records relating to the assessment of the petitioner to income-tax for the year of account, 1946-47 (M. E. 1122) under the provisions of S. 47 of the Travancore Income-tax Act, 1121, quashing the same, and for allied reliefs. The petition was originally filed in the High Court of Travancore-Cochin. Rule nisi was issued by that court. As the assessment was made by the Income-tax Officer, Nagarcoil, which place by virtue of the States Re-organisation Act, became part of the Madras State, the petition was transferred to the file of this court.(2) The petitioner is a resident of Shencottah, Admittedly, during the year of account, he was a karta of a joint Hindu family, which, amongst its other properties, had a business in the manufacture and sale of salt. The family was also entitled to a share in an unregistered firm, styled,. S.M.K.M. Allom. It is claimed that, about f...
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant222; AIR1960Mys222; ILR1960KAR130
Somnath Iyer, J. (1) The plaintiff, who is the appellant before us, was an young man who was prosecuting his studies in the Government College, Mangalore, in the year 1950. On 5-8-1950, when he was proceeding to the Rationing Office in Mangalore on a bicycle with his friend P.W. 4, along a road known as Kadri road, a motor vehicle belonging to the Civil Supplies Department of the State of Madras, bearing Register No. M. S. C. 9714, which, according to the plaintiff, was being driven at an excessive speed, knocked him down in front Beedi Factory, situate in that road. As a result of that accident, the plaintiff lost consciousness which he partially regained in the hospital to which he was admitted as an inpatient about midnight on that date. He became fully conscious only five days after his admission to the hospital where he was treated for the injuries sustained by him during the accident.(2) Ext. A-3, a certificate prepared by P.W. 2, who was the Medical Officer in charge of that hos...
Tag this Judgment!Court : US Supreme Court
Steelworkers v. United States - 361 U.S. 39 (1959) U.S. Supreme Court Steelworkers v. United States, 361 U.S. 39 (1959) United Steelworkers of America v. United States No. 504 Argued November 3, 1959 Decided November 7, 1959 361 U.S. 39 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Under 208 of the Labor Management Relations Act, 1947, the United States sued in a Federal District Court to enjoin the continuation of an industry-wide strike in the steel industry. After considering affidavits filed by the parties and finding that the strike had closed down a substantial part of the Nation's steel production capacity and that its continuation would "imperil the national health and safety," the District Court enjoined continuation of the strike. The Court of Appeals affirmed. Held: The judgment is sustained. Pp. 361 U. S. 40 -44. 1. Once it determined that the statutory conditions of breadth of involvement and peril to the national health ...
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR547
Kotval, J.1. This is an appeal at the instance of the plaintiffs in a mortgage suit. Respondents Nos. 1 and 2, who are the mortgagors, have not put in appearance. Respondent No. 3 is the then State of Madhya Pradesh, but it is now not in dispute that the liability is that of the State of Bombay under the provisions of Section 91 of the States Reorganization Act.2. The plaintiffs sued upon a mortgage executed on May 10, 1944, by respondents Nos. 1 and 2. The mortgage was for a consideration of Rs. 4,000, repayable in four yearly instalments of Rs. 1,000 each. The mortgage stipulated for interest at 1 per cent, per month, compound. The property which was comprised in the mortgage consisted of three fields, khasra No. 28, area 3.59 acres and khasra No. 41, area 2.52 acres, of mouza Poth Budhwar, tahsil Katol, district Nagpur, and khasra No. 313, area 5.12 acres of mouza Katol, tahsil Katol, district Nagpur.3. The principal dispute in this appeal is not between the appellants-mortgagees an...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj219
Chhangani, J. 1. This is a first appeal by the defendants against the decree dated 14th of August, 1951 for an amount of Rs. 9,500/3/- passed by the Civil Judge, Kishangarh against them and in favour of the plaintiffs-respondents and the sole point for determination is whether the plaintiffs-respondents were rightly given by the trial court the benefit under section 14 of the Limitation Act to bring within time their suit which was admittedly presented beyond the prescribed period of Limitation. The relevant facts may very shortly be stated as follows:--The plaintiffs-respondents, a partnership firm deal in the purchase and sale of gold, silver and yarn and also carry on business as commission agents. The defendants who are the members of a joint Hindu family firm entered into various transactions of sale and purchase of gold, silver and yarn during period from Bhadva Vadi 12, samwat 2000 to Kartik Sudi 15, samwat 2000 through the agency of the plaintiffs' firm, alleging that as a resu...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP298; [1960]11STC420(AP)
Satyanarayana Raju, J.1. In this Revision Case a somewhat novel point has been raised, and that is, whether after the reorganisation of States on the 1st November 1956, transactions of sale involving the movement of goods from the Telangana area into the Andhra area (both areas being constituent parts of the State of Andhra Pradesh) can be deemed to be inter-state sales.2. The petitioners are dealers in cycles and cycle parts at Secunderabad. This city was a part of the area comprised in Hyderabad State before its disintegration and is now within the territory of the State of Andhra Pradesh.3. For the assessment year 1956-57, the assessing authority under the Hyderabad General Sales Tax Act determined the petitioners' total net turn over at Rs. 10,95,439-14-9. Out of the aggregate turnover a sum of Rs. 46,739-2-0 represents the sales effected by the petitioners to dealers in the Andhra area from 1st November 1956 to 31-3-1957. It was contended by the petitioners that under section 119 ...
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