Court : Supreme Court of India
Reported in : AIR1956SC60
Bose, J.1. The respondent filed a petition under Article 226 of the Constitution in the High Court of Judicature at Hyderabad asking for a 'mandamus' against the Director of Endowments of the Hyderabad Government. His prayer was that the Director be ordered to hand over the management and possession of a certain Dargah called the Dargah of Jehangir and Burhanud-din Piran and also the adjoining 'hereditary lands' together with the income and profits, to the respondent.2. The High Court granted the writ and the State of Hyderabad appeals.3. The respondent's case is that the Dargah contains the tomb of one of his ancestors and that he and his ancestors have been the hereditary Sajjadas and Mutawallis of the Dargah for generations. In the year 1914, when the respondent's brother Syed Hussain was in possession, the Ecclesiastical Department of the State stepped in and entrusted the supervision of the Dargah to one Azam Ali.He was removed in 1920 and the Ecclesiastical Department took over t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC590; [1955]2SCR402
Bose, J. 1. The defendant appeals. 2. The plaintiffs were the partners of a firm known as Harnam Singh Jagat Singh. Before the partition of India they carried on the business of cotton cloth dealers at Lyallpur which is now in Pakistan. 3. The defendant is the Delhi Cloth and General Mills Co. Ltd. It is a registered company carrying on business at Delhi and other places and has its head office at Delhi. One of the places at which it carried on business before the partition was Lyallpur. 4. The plaintiffs' case is that they carried on business with the defendant company for some three or four years before 1947 and purchased cloth from the company from time to time. In the course of their business they used to make lump sum payments to the defendant against their purchases. Sometimes these were advance payments and at others the balance was against them. When there was an adverse balance the plaintiffs paid the defendant interest : see the plaintiff Sardari Lal as P.W. 3. 5. On 28-7-194...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC600; 1955(0)BLJR550; (1956)ILLJ1SC; [1955]2SCR391
Imam, J.1. This is an appeal against the decision of the Allahabad High Court affirming the decision of the Civil Judge of Allahabad. 2. The appellant was appointed to the United Provinces Civil (Executive) Service in 1940 and in due course was confirmed. He was posted to various stations and in 1944 he was posted to Lakhimpur Kheri, where he joined in July 1944. On 23rd August, 1944, the Deputy Commissioner of Lakhimpur Kheri received a telegram from Government informing him that the appellant was suspended forthwith pending inquiry into his conduct and that a copy of the telegram was forwarded to the appellant for information. On 26th August 1944, the Deputy Commissioner wrote to the appellant that he was required to appear before the Commissioner of the Lucknow Division on 28th August, 1944, to answer the charges, a copy of which would be forwarded to him. He further informed the appellant that he could treat his case under rule 55 of the Civil Service (Classification, Control and A...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC604; [1955]25CompCas344(SC); [1955]2SCR374
Bhagwati, J. 1. This appeal with a certificate under article 133(1)(c) of the Constitution is directed against the judgment of the High Court of Judicature at Madras dismissing the appeal of the Appellants and refusing to set aside a sale effected by Respondent 2 of certain properties belonging to the Madras Electric Tramways (1904) Ltd., hereinafter called the Company, above the ground at Vepery, Madras and Mylapore, including the machinery, cars, etc. and buildings as scrap to Respondent 3 in his capacity as the Receiver of the trustees of the debenture-holders of the Company. 2. The Appellants are the Secretary and President respectively of the Madras Tramways Workers Association (Regd. No. 1253) a Trade Union registered under the Trade Unions Act. The workmen employed by the company are entitled under the award of the Special Industrial Tribunal, Madras, in I.D. No. 9 of 1953 published in the Fort St. George Gazette, dated the 8th July, 1953, being G.O. Ms. No. 3024/53 to a payment...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC441; 1956CriLJ822
Sinha, J.1. This is an appeal by special leave from the judgment and order of a single Judge of the Allahabad High Court confirming those of the Sessions Judge of Azamgarh so far as the appellants were concerned, convicting them under Section 395, I.P.C., and sentencing them to rigorous imprisonment for seven years each.The three appellants along with three others including Bhirgu Singh were placed on trial for dacoity before the learned Sessions Judge of Azamgarh who convicted and sentenced all of them as aforesaid. On appeal to the Allahabad High Court, the learned Judge acquitted three of them but maintained the conviction and sentence of the three appellants.2. The occurrence of dacoity which was the subject matter of the charge against the appellants and others, is said to have taken place at the house of one Kalapnath Singh (P.W. 1), whom we shall call the complainant. He sent a written report to the police station at Mohammadabad, sub-district Ghosi, through the village chowkida...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC619; [1955]27ITR709(SC); [1955]2SCR290
Jagannadhadas, J. 1. This is an appeal by the assessee on leave granted under section 66-A of the Indian Income-Tax Act. The assessee by name Chatturam Horilram Ltd., who is the appellant before us, is a private limited company carrying on in Chota Nagpur the business of exporting mica for sale to foreign countries. The assessment in question is for the year 1939-40 and the accounting year is the calendar year 1938. These proceedings were initiated on a notice issued to the assessee under section 34 of the Indian Income-tax Act, 1922, (Act XI of 1922) (hereinafter referred to as the Act). It is the applicability of this section to the facts of this case that is the sole matter for consideration in this appeal. The circumstances under which the above mentioned notice under section 34 was issued are as follows. The appellant had previously been assessed to tax on an income of Rs. 1,09,200 for the same year 1939-40 by an order dated the 22nd December, 1939, which was reduced on appeal by ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC504; [1955]2SCR303
Venkatarama Ayyar, J.1. These are applications under Article 32 of the Constitution impugning the validity of the Rajasthan Land Reforms and Resumption of Jagirs Act No. VI of 1952, hereinafter referred to as the Act. The history of this legislation may be briefly stated. On 20-8-1949 the Government of India appointed a Committee presided over by Sri C. S. Venkatachar to examine and report on the jagirdari and land tenures in Rajputana and Madhya Bharat, the object avowedly being to effect land reforms so as to establish direct relationship between the State and the tillers of the soil and to eliminate all intermediaries between them. By its report dated 18-12-1949 the Committee recommended inter alia the resumption of jagirs and payment of rehabilitation grants in certain cases. (Vide report, page 62). The question of legislation on the subject was taken up by the Government of Rajasthan in 1951, and eventually a Bill called the Rajasthan Land Reforms and Resumption of Jagirs Bill was...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC558; [1955]2SCR252
Das J.1. This is an appeal from the judgment and order pronounced on the 23rd August, 1951 by a Division Bench of the High Court at Calcutta in Appeal No. 112 of 1950 reversing the decision of the Registrar of Trade Marks dated the 24th March, 1950 whereby he had rectified the register by inserting a disclaimer of the word 'Shree' forming part of the respondent company's registered trade mark No. 3815. 2. The material facts are as follows : In the year 1897 one Durga Charan Rakhit (since deceased) adopted as his trade mark in respect of the ghee produced and marketed by him a device which, with some slight modification not materially altering its essential features, was, on the application of the respondent company, registered as its trade mark No. 3815. That mark was and is a device consisting of the word 'Shree' written on the top in bold Bengali character, having below it an ornamental figure with the word 'Shree' written in the center in small Deva Nagri character, the word 'TRADE'...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC566; [1955]2SCR270
Sinha, J.1. This is an appeal against the judgment and order dated the 4th September, 1951 of the Calcutta High Court in its appellate jurisdiction reversing those dated the 29th August, 1950 of a Judge of that Court sitting on the Original Side granting the appellant's prayer for revoking and annulling the probate granted in respect of the last will and testament dated the 29th July 1912 of one Binod Lal Ghosh, deceased, whom we shall call the testator in the course of this judgment. 2. The testator is said to have executed a will on the 29th July, 1912 which was registered on the same date at the Calcutta registry office. By the said will the testator appointed the following five persons as executors or executrices :- (1) Anil Nath Basu, Attorney-at-Law (2) Brindaban Chandra Mitter (These two also figure as attesting witness to the will). (3) His adopted son Charu Chandra Ghose (whom we shall call Charu for the sake of brevity) a minor on his attaining majority. (4) His wife Haimabat...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC549; [1955]2SCR225
Mukherjea, C.J.1. This is a petition under article 32 of the Constitution, preferred by six persons, who purport to carry on the business of preparing, printing publishing and selling text books for different classes in the schools of Punjab, particularly for the primary and middle classes, under the name and style 'Uttar Chand Kapur & Sons.' It is alleged that the Education Department of the Punjab Government has in pursuance of their so-called policy of nationalisation of text books, issued a series of notifications since 1950 regarding the printing, publication and sale of these books which have not only placed unwarrantable restrictions upon the rights of the petitioners to carry on their business but have practically ousted them and other fellow-traders from the business altogether. It is said that no restrictions could be imposed upon the petitioners' right to carry on the trade which is guaranteed under article 19(1)(g) of the Constitution by mere executive orders without proper...
Tag this Judgment!