Court : Supreme Court of India
Reported in : AIR1958SC886; (1958)IIMLJ193(SC); (1958)36MysLJ(SC)761; [1959]1SCR1111
Sinha, J.1. This appeal by special leave is directed against the concurring judgments and orders of the courts below, allowing the intervention of respondents 1 and 2 and adding them as defendants 2 and 3 in the suit instituted by the appellant against her alleged husband, now respondent 3, who was the sole defendant in the suit as originally framed. The main question in controversy in this appeal is the true construction of sub-r. (2) of r. 10 of O. 1 of the Code of Civil Procedure, and its application to the facts of this case which are given below :- 2. On April 12, 1957, the plaintiff - appellant in this Court - instituted the suit out of which this appeal arises against the third respondent who is the second son of His Exalted Highness the Nizam of Hyderabad, and who will, hereinafter, be referred to as the Prince. In the plaint she alleged that she is the lawfully married wife of the Prince, the marriage ceremony (Nikah) having been solemnized in accordance with the Shia Law by a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC941; (1958)36MysLJ(SC)775; [1959]1SCR1085
Subba Rao, J.1. This appeal by certificate under Art. 133(1)(a) of the Constitution of India is directed against the judgment and decree of the High Court of Judicature at Patna setting aside those of the Subordinate Judge, Gaya, in a suit for redemption of an usufructuary mortgage. 2. Deokinand, the common ancestor of plaintiff-respondents 1 to 4 and proforma respondents 6 to 12, executed a document dated August 20, 1923, in favour of Mahant Tokhnarain Puri of Nadra, the predecessor-in-interest of defendant 1, hypothecating eight annas milkiat share in mauza Lodipur, Mahimabigha, Tauze No. 4246 for the purpose of discharging a debt of Rs. 31,701 payable by him to the Mahanth. There are conflicting versions in regard to the nature of this transaction-respondents claim it to be a usufructuary mortgage, while the appellant asserts it to be a lease. The plaintiff-respondents instituted Title Suit No. 4 of 1945 in the Court of the Additional Subordinate Judge IV, Gaya for redemption of the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC918; [1959]1SCR1099
Gajendragadkar, J.1. If a Hindu governed by the customary law prevailing in the Punjab succeeds to his maternal grandfather's estate, is the property in his hands ancestral property qua his own sons This is the short and interesting question of law which arises in this appeal. The appellant is the son of Sarup, respondent 10. On the death of his mother Musammat Rajo, respondent 10 inherited the suit properties from his maternal grandfather Moti. On March 22, 1927, he executed a registered mortgage deed in respect of the said properties in favour of Shibba the ancestor of respondents 1 to 9 for Rs. 5,000. Subsequently, on April 12, 1929, he sold the equity of redemption to the said mortgagee Shibba for Rs. 11,000. In Suit No. 145 of 1946 filed by the appellant in the court of the Sub-Judge, Panipat, from which the present appeal arises, the appellant had claimed a declaration that the two transactions of mortgage and sale in question did not bind his own reversionary rights, because the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC923; (1958)IILLJ479SC; [1959]1SCR895
Gajendragadkar, J.1. This is an appeal with special leave by the State of Mysore against the award passed by the Central Government Tribunal, Madras, on November 24, 1956, in Industrial Dispute No. 1 of 1956 between the employers in relation to the Gold Mines of the Kolar Gold Fields, Mysore and their workmen. The employers were the Champion Reef Gold Mines of India (KGF) Ltd., Mysore State, the Mysore State, the Mysore Gold Mining Company (KGF) Ltd., Mysore State and the Nundydroog Mines (KGF) Ltd., and their allied establishments the Central Administration, the Kolar Gold Fields Electricity Department, the Kolar Gold Field Hospital and the Kolar Gold Field Watch and Ward establishment. The dispute between these employers and their workmen arose from the claim made by the workmen for bonus for the calendar years 1953 and 1954. The Unions representing the workmen alleged that the employers had sufficient available surplus in their hands from which they could and should be awarded bonus...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1959]1SCR995
Das, C.J. 1. This reference has been made by the President under Art. 143(1) of the Constitution of India for the opinion of this Court on certain questions of law of considerable public importance that have arisen out of or touching certain provisions of the Kerala Education Bill, 1957, hereinafter referred to as 'the said Bill', which was passed by the Legislative Assembly of the State of Kerala on September 2, 1957, and was, under Art. 200, reserved by the Governor of Kerala for the consideration of the President. After reciting the fact of the passing of the said Bill by the Legislative Assembly of Kerala and of the reservation thereof by its Governor for the consideration of the President and after setting out some of the clauses of the said Bill and specifying the doubts that may be said to have arisen out of or touching the said clauses, the President has referred to this Court certain questions hereinafter mentioned for consideration and report. It is to be noted that the said ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC915; 1958CriLJ1429; (1958)IIMLJ207(SC); [1959]1SCR910
Kapur, J.1. This is an appeal against the judgment and order of the High Court of Nagpur confirming the decision of the Special Magistrate disallowing the application of the appellant to give evidence as a witness under section 342A of the Criminal Procedure Code. 2. The Advocate-General of Madhya Pradesh, on January 13, 1953, filed a complaint against the appellant and three others under section 282 of the Indian Companies Act and sections 465 and 477A of the Indian Penal Code. The proceedings commenced in 1954 before a Magistrate but on May 18, 1955, they were transferred to a Special Magistrate who commenced the recording of evidence on July 4, 1955. On August 12, 1955, the Criminal Procedure Code (Amendment) Act (26 of 1955) received the assent of the President and came into force on January 2, 1956. In this judgment it will be referred to as the Amending Act and the Code of Criminal Procedure as the Code. On January 14, 1956, the appellant made an application to the Magistrate cla...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC1026; (1958)IILLJ498SC
S.K. Das, J.1. This appeal by special leave may be disposed of on a narrow ground. The material facts are shortly these. Dahingeapar Tea Company Ltd., a company incorporated under the English Companies Act and having its registered office in the city of London owned an extensive tea garden called Dahingeapar Tea Estate comprising an area of about 522 acres under plantation, situate in the sub-division of Jorhat in Assam. That company employed over 800 manual labourers and about 19 or 20 members of the clerical staff. By a memorandum of agreement made on 7-11-1953, between Dahingeapar Tea Co. Ltd., (hereinafter referred to as the vendor) of the one part and Nikhli Jute Baling Co. Ltd., a company incorporated under the Indian Companies Act and having its registered office in the town of Calcutta (hereinafter called the purchaser) of the other part, it was agreed that the vendor would sell absolutely and the purchaser would purchase as and from 1-1-1954, all that Dahingeapar Tea Estate co...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC270; [1958]34ITR888(SC)
Venkatarama Aiyar, J.1. These two appeals arise out of proceedings taken under section 34 of the Indian Income-tax Act, 1922, hereinafter referred to as the Act, to bring to tax a sum of Rs. 27,30,094 received by the appellant during the account year 1942-1943. The appellant is a public limited company incorporated in 1921 under the provisions of the Gwalior Companies Act in what was then the independent State of Gwalior, and carries on business in the manufacture and sale of textiles. Its registered office is at Gwalior, and it is a non-resident company for the purposes of the Act. Its managing agents are Birla Brothers, Ltd. which is a private limited company registered in British India. The point in dispute in these proceedings is whether sums of money received by the appellant during the account year 1942-1943 and aggregating to Rs. 27,30,094 are liable to be taxed under the Act. The appellant admits that it received those monies during that period, and further that they represent ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC813; 1958(6)BLJR762; 1958CriLJ1352; (1958)36MysLJ(SC)728; [1959]1SCR861
S.K. Das, J. 1. This appeal by special leave is limited to a particular question only, namely, correctness of the conviction of the appellant Gallu Sah for an offence under section 436 read with section 109, Indian Penal Code, and the propriety of the sentence passed thereunder. The short facts are these. Some 22 accused persons, of whom the appellant was one, were tried by the learned Assistant Sessions Judge of Darbhanga for various offences under the Indian Penal Code alleged to have been committed by them. The prosecution case was that on May 16, 1954, in village Dharhara in the district of Darbhanga a mob of about 40-50 persons, including the accused persons, formed an unlawful assembly, the common objects of which were (1) to dismantle the hut of one Mst. Rasmani, (2) to set fire to it and (3) to commit assault, if resisted. One Tetar Mian, who was the chaukidar of village Dharhara, had come to the village at about 10 a.m. to ascertain births and deaths for the purpose of supplyi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC857; (1958)IIMLJ187(SC); [1959]1SCR368
Sarkar, J.1. In the 1957 general elections, nine persons filed nomination papers for election to the Madras Legislative Assembly from the Sathankulam constituency all of which were found on scrutiny to be valid. Among these persons were the appellant, the respondent Kandaswami and two others called M. R. Meganathan and G. E. Muthu. Meganathan, Muthu and three others whom it is not necessary to name as they are not concerned with this appeal, did not go to the poll and dropped out of the election earlier. At the end the election was actually contested by the appellant, the respondent Kandaswami and two other candidates with whom also this appeal is not concerned. The appellant was successful at the poll and was on March 6, 1957, declared elected. 2. On April 15, 1957, the respondent Kandaswami whom we will hereafter refer to as the respondent, preferred an election petition under the provisions of the Representation of the People Act, 1951, for a declaration that the election of the app...
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