Court : Supreme Court of India
Reported in : AIR1956SC359; (1956)IMLJ151(SC); [1956]1SCR62
Bose, J.1. This appeal arises out of certain execution proceedings. The decree which the appellant, Jainarain Ram Lundia, seeks to execute is one that directs specific performance of a contract to sell certain shares in a private limited company known as the Ganga Devi Sugar Mills, together with a five annas share in a partnership firm called the Marwari Brothers, on payment of a sum of Rs. 2,45,000. 2. The facts are as follows. The partnership firm, known as the Marwari Brothers, was formed on the 29th of February 1936. The partners consisted of two groups called the Bettia Group and the Padrauna Group. The Padrauna Group consisted of (1) Kedarnath Khetan and (2) a firm called Surajmal. These two were the plaintiffs in the suit. Kedarnath was one of the partners of the Surajmal firm. The Bettia Group consisted of (1) Gobardhan Das (2) Jainarain Ram Lundia (3) Badri Prasad and (4) Bisheshwar Nath. On Bisheshwar Nath's death his son Madan Lal Jhunjhunwalla stepped into his shoes. These ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC298; 22(1956)CLT171(SC); [1956]1SCR28
Bhagwati, J.1. These petitions under article 32 of the Constitution are filed by the owners of Stage Carriage Services plying their buses on several routes in the districts of the State of Orissa impugning the provisions of Orissa Act XXXVI of 1947 and Orissa Act I of 1949 as violative of their fundamental rights. They raise a common question of law and can be disposed of by one judgment.2. The State of Orissa embarked upon a scheme of Nationalised State Transport and, as a first step towards it, enacted an Act styled the Orissa Motor Vehicles (Regulation of Stage Carriage and Public Carrier's Services) Act, 1947 (Orissa Act XXXVI of 1947), which modified the provisions of the Motor Vehicles Act, 1939, for the better regulation of Stage Carriage and Public Carrier's Services in the Province of Orissa. This Act envisaged the formation of a Joint-Stock Company in which the Central and the Provincial Governments shall together have controlling interests for providing in stages or in one s...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC432; 22(1956)CLT235(SC); [1956]1SCR43
Jagannadhadas, J.1. These are five petitions under article 32 of the Constitution by the heads of five Maths in the State of Orissa of which four known as Mahiparakash Math, Uttaraparswa Math, Dakshinaparswa Math and Radhakant Math are situated in Puri and the fifth known as Manapur Math is near Tirtol in Cuttack district. In all these petitions certain provisions of the Orissa Hindu Religious Endowments Act, 1951 (Orissa Act II of 1952) as amended by Orissa Act XVIII of 1954 are challenged as being unconstitutional and ultra vires. Since the questions raised are mostly common, all the petitions are dealt with by this single judgment. 2. These petitions have a background of pervious history of legislation and litigation which it is necessary to set out in order that the questions raised may be properly appreciated. The first statutory interference by the Provincial Legislature with the management of Hindu religious endowments in Orissa was by the Orissa Hindu Religious Endowments Act, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC294; (1956)58BOMLR978; [1956]1SCR18
Imam, J.1. By an order dated 12th May 1952, hereinafter referred to as the impugned order the Government of the State of Bombay requisitioned under section 5 of the Bombay Land Requisition Act, 1948 (Bombay Act XXXIII of 1948), hereinafter referred to as the Requisition Act, the premises specified therein. The impugned order, so far as it is relevant to the present appeal, stated, 'Now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the Bombay Land Requisition Act, 1948 (Bombay Act XXXIII of 1948) the Government of Bombay is pleased to requisition the said part of the building for a public purpose, namely, for housing an Officer of the State Road Transport Corporation Which is a public utility service'. 2. The respondent filed a writ application under article 226 of the Constitution in the Bombay High Court and the application was heard by Tendolkar, J. who set aside the impugned order. Against his decision the appellant appealed and a Division Bench ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1956]1SCR1
Venkatabama Ayyar, J. 1. The properties which are the subject-matter of this litigation are agricultural lands of the extent of 18 acres 23 cents situate in Mauza Chowki, They originally belonged to Khiran Rai, Firangi Rai and others, and were usufructuarily mortgaged by them on 10-8-1900 to Babunath Prasad and Babu Misri Lal under two sudbharna deeds, Exhibits 2 and 3, for a sum of Rs. 1,600. The defendants of the first party are the representatives of these mortgagees. In execution of a money decree passed against the mortgagors, 9 acres 6 cents out of the above lands were brought to sale on 11-6-1907 and purchased by Rameshwar Prasad Singh, the undivided uncle of the first plaintiff. On 23-12-1913 the remaining extent of 9 acres 17 cents was purchased by the first plaintiff from the mortgagors, and thus, the plaintiffs who were members of a joint Hindu family became entitled to all the interests of the mortgagors in the suit lands. In 1943 they deposited under Section 83 of the Tran...
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