Court : Supreme Court of India
Reported in : AIR1955SC155; 1955CriLJ342; [1955]1SCR1025
Mukherjea, J. 1. This appeal, which has come before us on special leave, is directed against a judgment of Chunder, J. of the Calcutta High Court dated the 5th of June, 1952, rejecting the appellants' application for quashing of certain criminal proceedings started against them and pending before a special court constituted under a notification of the Government of West Bengal issued under West Bengal Act XII of 1952. To appreciate the contentions raised on behalf of the appellants it would be necessary to narrate a few antecedent facts. The two appellants along with four other persons, one of whom has died since then, were placed on trial before the First Special Tribunal, Calcutta, which was one of the Tribunals constituted under the Criminal Law Amendment Ordinance XXIX of 1943 passed by the Governor-General of India under section 72 of the Government of India Act, 1935, on charges of bribery as also of conspiracy under section 120B of the Indian Penal Code, read with section 420 of...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC624
B.K. Mukherjea, J. 1.This is a petition under Article 32 of the Constitution presented by one Seth Shanti Sarup, a partner of the firm of Messrs. Lallamal Hardeodas Cotton Spinning Mills Company, Hathras praying for appropriate writs to set aside and quash two orders, one dated 21-10-1952, made by respondent 1, the Government of India, under Section 3(4), Essential Supplies (Temporary Powers) Act of 1946, and the other an earlier one passed by the second respondent on the 21-7-1949, under Section 3(f), U. P. Industrial Disputes Act, 1947.There is a further prayer for consequential relief in the shape of restoration of possession of the properties from which the petitioner and his co-partners are alleged to have been dispossessed in pursuance of the impugned orders and recovery of damages for the loss sustained in consequence thereof.2. To appreciate the contentions that have been raised before us it would be necessary to narrate briefly the material facts in chronological order. The pa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC166; 21(1955)CLT88(SC); [1955]1SCR1004
Bhagwati, J.1. The appellant who is a legal practitioner residing within the limits of the Kendrapara Municipality and practising as a mukhtar in the criminal and the revenue Courts there filed his nomination paper for election as a Councillor of the Municipality on the 15th March, 1951. That nomination paper was rejected by the Election Officer on the 25th March, 1951, on the ground that he was employed as a legal practitioner against the Municipality in a case U/S 198 of the Bihar and Orissa Municipal Act which was pending in the Sub-Divisional Magistrate Court. The appellant then filed on the 4th April, 1951, a petition before the High Court of Orissa under article 226 of the Constitution praying that a writ or order of prohibition be issued to the State Government and the Election Officer restraining them from holding the election to the Kendrapara Municipality under the Orissa Municipal Act, 1950 or the Municipal Election Rules, 1950. This petition was rejected by the High Court b...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC160; 1955(0)KLT351(SC); (1956)ILLJ235SC; [1955]1SCR1011
Mehr Chand Mahajan, C.J.1. This appeal by leave of the High Court of Judicature of Travancore-Cochin at Ernakulam is directed against an order of a Full Bench of that Court dismissing an application for the issue of a writ of certiorari quashing the order of the Government of the united State of Travancore-Cochin removing the appellant from service of the State and permanently debarring him from reappointment in service.2. The facts giving rise to the petition and the appeal are these : The petitioner entered the service of erstwhile Travancore State in the year 1928. By promotion he became the Executive Engineer, Electricity Department in August 1937 and subsequently Electrical Engineer to Government in October 1944. He was the Electrical Engineer to Government on the 1st July 1949 when the States of Travancore and Cochin were integrated by a Covenant entered into between the rulers of the two States. By an order of the Government of the united State of Travancore-Cochin, dated the 11...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC441
Mahajan, C.J.1 This appeal arises out of an application made by the official liquidator of the Gaya Sugar Mills Ltd., under Section 185, Indian Companies Act praying that Nand Kishore Bajoria and Mahadeolal Jhunjhunwala be required to pay a sum of Rs. 14,77,000 to the official liquidator. The facts giving rise to the application, shortly stated, are these:2. Gaya Sugar Mills Ltd., was incorporated in 1934 with an authorized capital of Rs. 7, lakhs divided into 7,000 shares of Rs. 100 each. The capital was raised to Rs. one crore in 1946. Out of this, approximately, Rs. 65 lakhs was subscribed, and in order to obtain the balance, the directors issued debentures of Rs. 1,000 each of the value of Rs. 25 lakhs. , The authorized capital of the company consisted of, amongst other shares, 2,000 seven per cent, preference shares of Rs. 100 each fully paid up, 28,000 five per cent. A class preference shares of Rs. 100 each fully paid up. The total amount of the capital raised by these A class p...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC170; (1955)ILLJ1SC; [1955]1SCR991
Bhagwati, J.1. This appeal with special leave is directed against the judgment and order of the Labour Appellate Tribunal of India in a dispute regarding the workers' claim for bonus. 2. During the year 1948 the appellant made a profit of Rs. 11,97,648-11-9. It paid 24 3/4 per cent. dividend on ordinary shares, being the maximum that could be paid under the Public Companies (Limitation of Dividend) Ordinance of 1948 and also paid to the workers their full share of bonus at annas 4 in a rupee of their basic earnings. During the year 1949 the selling rates for cloth and yarn were controlled by the Government and were approximately 4 per cent. below those obtained in 1948. The basic wages were increased from 1st December, 1948, by order of the Government of Uttar Pradesh and total wages paid were therefore higher than those in the previous year. There was moreover indiscipline amongst the workers and production suffered. There was a strike in the month of October and the mills were closed...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC585; 21(1955)CLT474(SC); 1955CriLJ1300
S.R. Das, J.1. This is an appeal from the judgment of the High Court of Judicature, Orissa, pronounced on 24-7-1951 in Government Appeal No. 5 of 1950 whereby the High Court reversed the order of acquittal passed by the Sessions Judge of Sundar Nagar -- Sambalpur and convicted the appellant, a sorter employed in the Postal department, of offences under Section 381, Indian Penal Code, and Section 52, Indian Post Offices Act for having on 3-1-1949 stolen an insured cover of the face value of .Rs. 3,000 from the mail van attached to 13 Down Passenger train running from Jharsuguda to Tatanagar and sentenced him to undergo rigorous imprisonment for 5 years on each count, the sentences running concurrently and to a fine of Rs. 500 and in default of payment of fine to a further term of rigorous imprisonment for a period of 6 months.2. At the beginning of its judgment the High Court summarises the prosecution case as follows. The appellant Bansidhar was Head Sorter No. 7--Out-section and Shib ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC249; [1955]27ITR30(SC)
Mehr Chand Mahajan, C.J.1. This appeal arises from the judgment and decree dated 28th February, 1945, of the High Court of Nagpur upholding the dismissal of the suit by the First Additional District Judge, Nagpur, on 30th June, 1938. The certificate for leave to appeal to this Court was granted on 23rd February, 1951. The circumstances giving rise to the appeal are shortly these :- 2. P. B. Deshmukh, deceased, (now represented on record by his legal representatives) and S. B. Deshmukh, both cousins, formed a joint Hindu family of which the former was the manager. For facility of the management of business S. B. Deshmukh managed money-ending shops at Kelod and Rejegaon, while P. B. Deshmukh managed the shop at Badegaon. On the 1st of April, 1930, the Income-tax Officer Nagpur, issued a notice under section 22, sub-section (2), of the Income tax Act against the three shops of the firm calling for the return of the total income of the joint family during 1928-29. On the 3rd July, 1930, M....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC89; [1955]27ITR34(SC); [1955]1SCR972
Bhagwati, J.1. This appeal from the judgment and order of the High Court of Judicature at Calcutta with leave under section 66-A(2) of the Indian Income-tax Act raises an interesting question as to the line of demarcation between capital expenditure and revenue expenditure. 2. On the 14th November, 1938, the appellant company acquired from the Government of Assam a lease of certain limestone quarries known as the Komorrah quarries situated in the Khasi and Jaintia Hills District for the purpose of carrying on the manufacture of cement. The lease was for 20 years commencing on the 1st November, 1938, and ending on the 31st October, 1958, with a clause for renewal for a further term of 20 years. The rent reserved was a half-yearly rent certain of Rs. 3,000 for the first two years and thereafter a half-yearly rent certain of Rs. 6,000 with the provision for payment of further royalties in certain events. In addition to these rents and royalties two further sums were payable under the spec...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC252; [1955]25CompCas9(SC); [1955]27ITR49(SC)
Mehr Chand Mahajan, C.J.1. This appeal is preferred against the judgment of the High Court of Punjab at Simla, dated 18th June, 1951, delivered on a reference under section 66 of the Indian Income-tax Act whereby the High Court answered the following two referred questions in the affirmative :- '(1) Whether on a proper construction of the relevant clauses of the appellant company's memorandum of association and articles of association and on a consideration of the circumstances in which the shares of the Sarswati Sugar Syndicate were purchased and sold, it could be held that the purchase and sale of such shares was a part of Appellant company's business deal 2. Whether in the circumstances of the case, the excess of Rs. 20,000 realised in the assessment year 1942-43 and Rs. 2,26,700 in the year 1944-45 was a revenue receipt chargeable to tax under section 3 of the Income-tax Act and was not a mere appreciation of capital ?' (2) The questions arose in the following circumstances : The ...
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