Court : Kolkata
Reported in : AIR1958Cal96,62CWN14
ORDERSinha, J.1. The subject matter and the legal points involved in this application and 101 other applications are the same. The petitioners in all these applications are occupancy raiyats in respect or holdings situated within the State of West Bengal. The question is as to whether by virtue of the West Bengal Estates Acquisition Act 1953 (Act I of 1954) the interests of the petitioners can be acquired by the State. Before I deal with this point, it will be necessary to state in brief how estates in West Bengal came to be acquired. The West Bengal Estates Acquisition Act 1953, which is West Bengal Act I of 1954 (hereinafter referred to as the 'Act') came into operation on the 12th February, 1954 having received the assent of the President. The preamble to the Act states that it is an Act to provide for the State acquisition of estates, of rights of intermediaries therein and of certain rights of raiyats and under-raiyats. Under Section 4 of the Act, 'it is provided that the State Go...
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal36
ORDERD.N. Sinha, J.1. This application and two other applications were heard one after another, and the points of law involved are the same, and there was a common set of arguments. The point involved is the interpretation of Section 229 of thp Calcutta Municipal Act, 1951, (hereinafter called the 'Act'). That Section runs as follows:'Every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement, or who displays any advertisement to public view in any manner whatsoever, visible from a public street or other public place, shall pay for every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a license fee calculated at such rate and in such manner and subject to such exemptions as the Corporation may prescribe by rules, with the approval of the State Government.'2. The petitioners in all these applications carry on the business of exhibiting cinema films in Cinema Houses situated...
Tag this Judgment!Court : Chennai
Reported in : AIR1958Mad343; (1958)1MLJ367
P. Rajagopalan, O.C.J.1. The Civil Miscellaneous Appeal has been preferred to this Court under Section 116-A of the Representation of the People Act from the order of the Election Tribunal, Nagapattinam, in Election Petition No. 178 of 1957 before it.2. The election in question was to the Mayuram constituency of the Madras State Assembly, and two members--one to the general seat and one reserved for a member of the scheduled caste--had to be elected. The election was held on nth March, 1957. At this election, G. Narayanaswami Naidu and P. Jayaraj who were the respondents in the election petition were respectively elected to the general and reserved seats. The question at issue in the petition related to the propriety of the rejection of the nomination of C. Krishnamurthi, the election petitioner. First February, 1957, was the date fixed for the scrutiny of the nominations. On that date one of the candidates K. Krishnamurthi--not a party to these proceedings--objected to the nomination ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
Bhagwati, J.1. These petitions under Art. 32 of the Constitution raise the question as to the vires of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), hereinafter referred to as 'the Act' and the decision of the Wage Board constituted thereunder. As they raise common questions of law and fact they can be dealt with under one common judgment. 2. In order to appreciate the rival contentions of the parties it will be helpful to trace the history of the events which led to the enactment of the impugned Act. 3. The newspaper industry in India did not originally start as an industry, but started as individual newspapers founded by leaders in the national, political, social and economic fields. During the last half a century, however, it developed characteristics of a profit making industry in which big industrialists invested money and combines controlling several newspapers all over the country also became the special feature of this deve...
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant1; AIR1959Mys1; ILR1958KAR288; (1958)36MysLJ580
Hombe Gowda, J.1. The appellant Basappa has been convicted of an offence under Section 211 of the Indian Penal Code for having falsely charged Basappa, son of Muruliah and nine others of Doddametikurke village in Arsikere Taluk of having committed the murder of one Basappa of the same village on the evening of 1-10-1952, by the learned Sessions Judge, Mysore Division in Hassan Sessions Case No. 4 of 1956 and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs. 100/- and in default to suffer simple imprisonment for a further period of one month.2. The relevant facts are as follows One Basappa, son of Maruliah. a resident of Doddame-tikurke village in Arsikere Taluk was found murdered in front of Anjaneya Temple of the village at about 10 P.M. on 1-10-1952. The appellant Basappa appeared before the Patel of the village and lodged information to the effect that Basappa, son of Maruliah and nine others of the village, who bore illwill against the deceased m...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H8
A.N. Grover, J. 1. In order to decide the validity and constitutionality of the Punjab Consolidation of Land Proceedings (Validation) Act, 1957, which has been referred for decision to the Full Bench it is unnecessary to restate the facts which have already been set out in the Referring Order. It would suffice to mention the three classes of properties which are likely to be affected by the Act-(a) Property of an evacuee which vests in the Custodian who has allotted it to displaced persons; (b) Property which was once evacuee property but has ceased to be so owing to acquisition by the Central Government under Act 44 of 1954; and (c) Properly once evacuee property which had been acquired but in which the title has now passed to displaced persons by conferment of proprietary rights under Act 44 of 1954. 2. The first main question that requires consideration is whether the Punjab Legislature was competent to enact the impugned Act. According to the contentions canvassed by the parties t...
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1259
Shelat, J.1. [His Lordship after dealing with the facts of the case and points not material to this report, proceeded.] As regards development, admittedly upto January, 1950, there was no development in Parjapur itself except for a solitary one-room structure with a verandah in S.N. 34/2-A. As one comes down south towards Marol gaothan, the Acme Bobbin & Shuttles Co., Ltd. had, by January, 1950, constructed a factory in Instance No. 3. Except for that, there were no structures on Marol-Maroshi Road until one came to S. No. 168/6 where there were three structures. Marol gaothan had, of course, about 400 houses. Going eastwards there was some development in S. Nos. 44 and 45 of Paspoli and in S. No. 31 of Tungwa where M/s. Larsen & Toubro and Khandelwal & Co. had their factories. Near Saki Naka also there were some 3 or 4 structures. But the distance between these places and Marol-Maroshi Road is as much as five furlongs and, therefore, any development in that direction cannot be conside...
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad160
(1) This is a petition under Art. 226 of the Constitution for the issue of a writ of mandamus, directing the first respondent to forbear from enforcing its notice, S. No. 610 dated 11-7-1957, calling upon the petitioner to pay cess for the groundnuts purchased from 23-11-1955 to 30-6-1957, under S. 11(1) of the Madras Commercial Crops Markets Act 1933, Rule 28(1) of the Madras Commercial Crops Market Rules, 1948, and bylaw 23 of the Coimbatore Market Committee by-laws.(2) The petitioner is a merchant carrying on business at Erode in the name of the Shanmuga Oil Mill engaged in the purchase and sale of groundnuts. He has taken a licence for dealing in groundnuts under Ss. 5(1) and 5(3) of the Madras Commercial Crops Act (Madras Act XX of 1933), which I shall refer hereafter as the Act. The first respondent is the Coimbatore Market Committee constituted under S. 4-A of the Act. Coimbatore District is a notified area under the Act in respect of groundnuts and certain other commercial cro...
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal704
Das Gupta, C.J. 1. The orders against which this appeal is directed were made by Sinha J., on an application by the Manager of the Purna Theatre and the executor to the estate of Manomoy Banerjee, who is carrying on business under the name of Purna Theatre. As people who frequent cinema houses are aware, advertisements are displayed on the screen during the usual hours of display of pictures. According to the present appellants, the owners of the theatre are bound in law to take out licenses in respect of the display of such advertisements on payment of money in accordance with the rules made by the Corporation under Section 229 of the Calcutta Municipal Act, 1951. The owners of the Purna Theatre having refused to take out such licenses, the Deputy License Officer of the Corporation wrote to the Manager on 5-1-1956 stating that action would have to be taken within the specified date for enforcement of law in respect of this. On the 2nd of February 1958 the License Inspector issued a no...
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori88
Narasimham, C.J.1. This is a petition under Article 226 of the Constitution, challenging the validity of the appellate order dated the 2nd September, 1958 passed by the Revenue Divisional Commissioner, Northern Division, Sambalpur, maintaining the order of the District Magistrate of Sundargarh declining to renew the temporary license granted to the petitioner to exhibit cinema films in a temporary building at Rajgangpur.2. Rajgangpur was formerly a village in Sundargarh district but it has gradually grown into a fairly big town consequent on the establishment of a Cement factory and other industrial concerns there. On the 1st January, 1951, the petitioner was first given a temporary license to exhibit cinema films at Rajgangpur. This license was renewed from time to time after the expiry of the usual period of three months and the last period of renewal expired on 31-12-57. The building where the cinema films were exhibited was a temporary structure but it appears that the petitioner w...
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