Court : Supreme Court of India
Reported in : AIR1955SC287; (1955)57BOMLR632; 1955CriLJ857; [1955]1SCR1177
Bose, J. 1. These two appeals arise out of the same trial. The two appellants, Shreekantiah (the first accused in the trial Court and the appellant in Appeal No. 89 of 1954) and Parasuram (the second accused and the appellant in Appeal No. 90 of 1954) were tried with a third accused Dawson on a number of different charges centering round section 409 of the Indian Penal Code : criminal breach of trust by a public servant. The trial was by jury and all three were found guilty of an offence under section 409 read with section 34. They were convicted and sentenced as under : Accused No. 1. Shreekantiah to one year and a fine of Rs. 500 with four months in default; Accused No. 2. Parasuram to two years and a fine of Rs. 500 with six months in default; and Accused No. 3. Dawson to six months and a fine of Rs. 200 with two months in default. 2. The appeal of the second accused to the High Court was dismissed summarily on 25-8-1953 with the one word 'dismissed'. The first and third accused a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC228; [1955]1ITR1168(SC); [1955]1SCR1168
Venkatarama Ayyar, J. 1. The appellant is the Mahant of a religious institution known as Rajgunj Asthal in Burdwan, and the suits out of which the present appeals arise, were instituted by him to recover possession of various plots of land in the occupation of the defendants, or in the alternative, for assessment of fair and equitable rent. It was alleged in the plaints that the suit lands were comprised in Mouza Nala forming part of the permanently settled estate of Burdwan, and were Mal lands assessed to revenue, and that more than 200 years previously there had been a permanent Mokarrari grant of those lands by the Maharaja of Burdwan to the Rajgunj Asthal; that in the record of rights published during the settlement in 1931 they were erroneously described as rent-free, and that on the strength of that entry the defendants were refusing to surrender possession of the lands to the plaintiff. It was accordingly prayed that a decree might be passed for ejectment of the defendants, or i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC1
Mahajan, C.J.1. The facts giving rise to this appeal lie within a narrow compass, and can be shortly stated. One Bishan Singh, a Sikh Jat belonging to the Dhande tribe, was the owner of the land in dispute which is situate in Patti-Gainda of village Naraingarh in the State of PEPSU.On 8-4-1935 he adopted Jangir Singh, the plaintiff in the suit, by means of a registered deed and declared therein that Jangir Singh would inherit to all his movable and immovable properties after his death. Bishan Singh died sometime in April 1944. The mutation of the land, after his death, was entered in the name of Jangir Singh but possession of it was taken by the defendants who are direct descendants of Gainda and are collaterals of Bishan Singh in the fifth degree.In this situation Jangir Singh filed the present suit for possession alleging that he being the adopted son of Bishan Singh was entitled to succeed to the property. The defendants denied the factum and validity of his adoption, and further pl...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC196; 1955CriLJ526; [1955]1SCR1150
Jagannadhadas, J. 1. These are appeals by special leave against the orders of the Punjab High Court made in exercise of revisional jurisdiction, reversing the orders of the Special Judge, Delhi, quashing certain criminal proceedings pending before himself against these appellants for alleged offences under the Penal Code and the Prevention of Corruption Act, 1947. The Special Judge quashed the proceedings on the ground that the investigations on the basis of which the appellants were being prosecuted were in contravention of the provisions of sub-section (4) of section 5 of the Prevention of Corruption Act, 1947, and hence illegal. In Appeal No. 95 of 1954 the appellants are two persons by name H. N. Risbud and Indar Singh. In Appeals No. 96 and 97 of 1954 H. N. Risbud above mentioned is the sole appellant. These appeals raise a common question of law and are dealt with together. The appellant Risbud was the Assistant Development Officer (Steel) in the office of the Directorate-General...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC206; 1955(0)BLJR368; (1955)57BOMLR694; [1955]1SCR1135
Mehr Chand Mahajan, C.J. 1. This appeal raises a question of importance 'whether a widow can exercise a power of adoption conferred on her or possessed by her at any time during her life irrespective of any devolution of property or changes in the family or other circumstances and even after a grandson has come on the scene but has subsequently died without leaving a widow or a son'. 2. The situation in which this question arises can properly be appreciated by reference to the following genealogy : Dyamappa|-----------------------------------------| |Kalasappa Girimaji| |Krishtarao Hanamanta|Radhabai = Gangabai --------------| |(Deft. 2) (Deft. 1) | || |(Senior widow) (Junior widow) Malhar Ganesh| || | Gurunath (Resp. 3) (Resp. 5)| | | |------------------ | (Appellant adopted | || | | | |Kamalabai Yamunabai | by Gangabai on Venkatesh Hanamant|(Resp. 1) (Resp. 2) | 18-11-53) (Resp. 4) (Resp. 6)|Dattatraya (son)(died 1913)=Sundarabai (died afterher husband in 1913)|-------------------| |...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC233; [1955]1SCR1104
Venkatarama Ayyar, J.1. The appellant and respondents 1 to 5 herein were duly nominated for election to the House of the People from the Hoshangabad Constituency in the State of Madhya Pradesh. Respondents 4 and 5 subsequently withdrew from the election, leaving the contest to the other candidates. At the polling the appellant secured 65,201 votes, the first respondent 65,375 votes and the other candidates far less; and the Returning Officer accordingly declared the first respondent duly elected. The appellant then filed Election Petition No. 180 of 1952 for setting aside the election on the ground inter alia that 301 out of the votes counted in favour of the first respondent were liable to be rejected under Rule 47(1)(c) of Act No. XLIII of 1951 on the ground that the ballot papers did not have the distinguishing marks prescribed under Rule 28, and that by reason of their improper reception, the result of the election had been materially affected. Rule 28 is as follows : 'The ballot p...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC213; [1955]25CompCas19(SC); 1955CriLJ555; [1955]1SCR1098
Jagannadhadas, J.1. This is an appeal, by leave of the High Court of Calcutta under article 133(1)(c) of the Constitution, from its judgment in its appellate jurisdiction confirming that of a Single Judge of the Court. The point involved is a short one and arises on the following facts. The respondent before us, Associated Bank of Tripura Ltd., went into liquidation on the 19th December, 1949. A month prior to the liquidation, i.e., on the 19th November, 1949, the appellant before us and the Bank entered into an agreement whereby the appellant became a tenant of the Bank in respect of a certain parcel of land. One of the terms of the tenancy-agreement was that the appellant should vacate the land demised on 24 hours notice. After the Bank went into liquidation the Liquidator served on the appellant on the 18th April, 1950, a notice terminating his tenancy and calling upon him to vacate the land and to hand over possession by the end of April, 1950. This not having been done, the Liquid...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1955]1SCR1065
Bose, J.1. The appellant is the Istimrardar of Kharwa. According to him, he has held a cattle fair on his estate every year for some twenty years. On 8-1-1951 the Chief Commissioner of Ajmer framed certain rules for the regulation of cattle and other fairs in the State of Ajmer. He purported to do this under sections 40 and 41 of the Ajmer Laws Regulation of 1877 (Reg. III of 1877). One of the rules required that persons desiring to hold fairs should obtain a permit from the District Magistrate. Accordingly the appellant applied for a permit. This was refused on the ground that no more permits were to be issued to private individuals. The appellant thereupon applied under article 226 of the Constitution to the Judicial Commissioner's Court at Ajmer for the issue of a writ directing the authorities concerned to permit the appellant to hold his fair as usual. He contended that his fundamental rights under the Constitution were infringed and also that the rules promulgated by the Chief Co...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC182; [1955]1SCR1071
Bhagwati, J.1. This appeal with certificate from the High Court of Judicature at Calcutta arises out of the suit filed on the original side of the High Court by the appellant against the respondent to recover a sum of Rs. 1,25,962-2-0 with interest and costs. 2. The appellant entered into three contracts, two dated the 8th August 1949 and the third dated the 17th August 1949 with the respondent agreeing to purchase 1,80,000 bags of 'B' twills at the price of Rs. 134/4/- per 100 bags, 1,80,000 bags at the rate of Rs. 135/4/- per 100 bags and 90,000 bags at the rate of Rs. 138/- per 100 bags respectively for October, November and December 1949 deliveries in equal monthly instalments on terms and conditions contained in the relative contract forms of the Indian Jute Mills Association. In September 1949 the respondent expressed its inability to deliver the goods under the said contracts and requested the appellant to settle the same by selling back the goods under the said contracts to the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC223; [1955]1SCR1055
Das, J.1. This is an appeal by special leave from an order made by a Special Bench of the High Court of Judicature at Madras under section 12 of the Indian Bar Councils Act (Act XXXVIII of 1926) debarring the appellant from practicing as an advocate for a period of five years. 2. The material facts are these. The appellant before us in an advocate ordinarily practicing at Masaulipatam. In Calendar Case No. 1 of 1949 on the file of the Additional First Class Magistrate's Court at Masaulipatam nine persons were charged with the offence of conveying rice from the village to other villages without permits. Accused Nos. 2 and 4 were not represented by any advocate. Accused Nos. 1, 3, 5, 6 and 8, all cart-men, were defended by the appellant. Accused No. 7, who initiated the proceedings out of which the present appeal arises and who is hereinafter referred to as 'the petitioner', was defended by another advocate. The case was disposed of an the 30th September, 1949. Accused Nos. 1, 3, 5 and 6...
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