Court : Supreme Court of India
Reported in : AIR1959SC107; [1959]1SCR1440
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 301 of 1958. Appeal by special leave from the judgment and order dated February 21, 1958, of the Madhya Pradesh High Court at Jabalpur in Letters Patent Appeal No. 22 of 1958, against the order dated February 20, 1958, of the said High Court in Misc. Petition No. 266 of 1957. M.K. Nambiyar, S. N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellants. M. Adhikari, Advocate-General, Madhya Pradesh and 1. N. Shroff, for the respondents. 1958. September 30. The following Judgments were delivered: DAS C.J.-There are two appellants in this appeal. The second appellant is the Municipal Committee of Dhamtari constituted under the C. P. and Berar Municipalities Act, 1922 (Act 11 of 1922) and the first appellant is its President having been elected as such on July 10, 1956. He assumed charge of his office as President on July 27, 1956. It may be mentioned that he was returned as a Congress candidate but has since been expelled from that pa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC65; [1959]1SCR1424
Das, C.J.1. The facts material for the purpose of disposing of this appeal by special leave are shortly as follows : The appellants, before us claim to have been dealers in foreign liquor since 1922 and to have, before the partition of the country, held licenses in forms L-1, L-2, L-10 and L-11 at Amritsar, Sialkot and Multan. The appellants allege that in 1945 they had also secured a license in Form L-2 in respect of some premises in Chawri Bazar, Delhi, but that the operation of the said license had to be suspended on account of the unsuitability of the Chawri Bazar premises. Then came the communal riots in the wake of the partition of the country and that license could not be renewed. In 1951 the appellants applied to the Chief Commissioner, Delhi, (Ex. 1) for licenses both in Forms L-1 and L-2 in respect of Karolbagh or at any place in Delhi. On May 17, 1951, the Home Secretary to the Chief Commissioner by letter (Ex. 2) conveyed to the appellants the sanction of the Chief Commissi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC93; [1959]1SCR1403
Gajendragadkar, J.1. This appeal by special leave has been filed against the decision of the Punjab High Court confirming the order passed by the Election Tribunal by which the appellant's election has been declared to be void. The appellant Shri Baru Ram was elected to the Punjab Legislative Assembly from the Rajaund constituency in the Karnal District. Initially seventeen candidates had filed their nomination papers in this constituency. Out of these candidates, thirteen withdrew and the nomination paper filed by Jai Bhagawan was rejected by the returning officer. That left three candidates in the field. They were the appellant Baru Ram, Mrs. Prasanni and Harkesh, respondents 1 and 2 respectively. The polling took place on March 14, 1957, and the result was declared the next day. Since the appellant had secured the largest number of votes he was declared duly elected. Soon thereafter Mrs. Prasanni, respondent 1, filed an election petition in which she alleged that the appellant had c...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC248; [1958]34ITR807(SC)
Venkatarama Aiyar, J.1. These are appeals by special leave against the decision of the Income-tax Appellate Tribunal, madras, dated January 29, 1953, passed in three appeals I.T.A. Nos. 3489, 3490 and 3491 of 1952-53. The appellant carries on business in arrack. He also runs a lorry. For the assessment year 1945-46, the Income-tax Officer found that the income chargeable to tax was Rs. 54,600. Likewise, for the assessment year 1946-47, he found that the income chargeable was Rs. 27,500 and for the assessment year 1947-48, he held that it was Rs. 54,500. These amounts appear in the account books of a firm of which the appellant is a partner as credits from him. The appellant was asked to give an explanation as to how he came to possess these amounts. His explanation was in two parts. he firstly stated his farther had made a profits of about Rs. 80,000 in the arrack business conducted by him, that he had this amount with him when he died which was in the year 1936, that prior to his deat...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC102; 1959CriLJ251; (1959)61PLR343; [1959]1SCR1367
S.K. Das, J.1. This is an appeal by special leave from the judgment and order of the then Madhya Bharat High Court, dated February 9, 1955, in Criminal Miscellaneous Application no. 2 of 1954. Originally, the appeal was filed on behalf of the State of Madhya Bharat, now substituted by the State of Madhya Pradesh. The appeal raises an important question with regard to the interpretation of section 3(2) of the Contempt of Courts Act, 1952 (XXXII of 1952), hereinafter referred to as the Act, which repealed the earlier Contempt of Courts Act, 1926 (XII of 1926), as also the Indore Contempt of Courts Act (V of 1930) which was earlier in force in the State of Madhya Bharat. 2. The facts so far as they are relevant to this appeal are these. One Ganga Ram, stated to be the landlord of the respondent Revashankar, instituted a suit, which was numbered as 1383 of 1952 in the court of the Additional City Civil Judge, Indore, for ejectment and arrears of rent against Revashankar. It was stated that...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC282; (1959)61BOMLR688; [1959]1SCR1384
Kapur, J.1. This is an appeal against the judgment and decree of the High Court of Bombay varying the decree of the trial Court decreeing the plaintiff's suit for possession by partition of joint family property. 2. The facts of the case lie in a narrow compass. M. B. Jakati, defendant No. 1, was the Managing Director of Dharwar Urban Co-operative Bank Limited which went into liquidation, and in that capacity he was receiving a yearly remuneration of Rs. 1,000. As a result of certain proceedings taken against defendant No. 1, M. B. Jakati, by the liquidator of the Bank, a payment order for Rs. 15,100 was made by the Deputy Registrar of Co-operative Societies on April 21, 1942. In execution of this payment order a bungalow belonging to M. B. Jakati, defendant No. 1, was attached by the Collector under the Bombay Land Revenue Code on July 27, 1942. Notice for sale was issued on November 24, 1942, and the proclamation on December 24, 1942. The sale was fixed for February 2, 1943. On Janua...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC254; [1958]34ITR802(SC)
Venkatarama Aiyar, J.1. This is an appeal against the judgment of the High Court of Patna in a reference under section 66(1) of the Indian Income-tax Act, 1922. The respondent is a firm and was the owner of a colliery at a place called Bhurangya. On the 16th March, 1946, it entered into an agreement to sell the colliery, lands, super- structures, machinery and fixtures to a company called Bhurangya Coal Co. Ltd., for a consideration of Rs. 6,10,000. There is a schedule attached to the deed of agreement and thereunder are set out in great detail all the properties which are the subject-matter of the agreement. It consists of two parts; the first part includes land, building and the structures and the second part consists of movables including machinery, trucks, pipes, motor cars and the like. The value of the property mentioned in part I is fixed at Rs. 2,00,600 and that of the properties described in the second part at Rs. 4,09,400. It is recited in the agreement that the properties me...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC135; [1959]1SCR1350; [1958]9STC747(SC)
Bhagwati, J.The facts leading up to this appeal lie within a narrow compass. The respondent is a firm registered under the Indian Partnership Act dealing in Bullion, Gold and Silver ornaments and forward contracts in Silver Bullion at Banaras in the State of Uttar Pradesh. For the assessment vears 1948-49, 1949-50 and 1950-51 the Sales Tax Officer, Banaras, the appellant No. 1 herein assessed the respondent to U.P. Sales Tax on its forward transactions in Silver Bullion. The respondent had deposited the sums of Rs. 150-12-0, Rs. 470-0-0 and Rs. 741-0-0 for the said three years which sums were appropriated towards the payment of the sales tax liability of the firm under the respective assessment orders passed on May 31, 1949, October 30, 1950 and August 22, 1951.The levy of sales tax 011 forward transactions was held to be ultra vires, by the High Court of Allahabad by its judgment delivered on February 27, 1952, in Messrs. Budh Prakash Jai Prakash v. Sales Tax Officer, Kanpur (1952) A....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC13; 1959CriLJ102; [1959]1SCR1324
Imam, J.1. In these appeals the appellants were convicted for the murder of Malchand Bhadani. A charge under section 302, Indian Penal Code had been framed against each of them. The sessions Judge found that the murder had been committed in the furtherance of their common intention. In his opinion as appellant Bipin Behari Sarkar had actually committed the murder he convicted this appellant under section 302 of the Indian Penal Code. He convicted the appellant Bishan Charan Saha under section 302/34 of the Indian Penal code. He sentenced both the appellants to death. The appellants appealed to the Calcutta High Court while the Sessions judge made a reference for the confirmation of the death sentence passed by him. The High Court found the appellants guilty under section 302/34 of the Indian Penal Code. It accordingly confirmed the sentence of death imposed on the appellants by the Session Judge. 2. According to the prosecution, one Tarachand Bhadani had a cloth shop at Mathabhanga in ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC18; 1959CriLJ108; [1959]1SCR1336
S.K. Das, J.1. This is an appeal by special leave. The appellant is Ratan Gond, aged about 28 years. Tried on a charge under section 302, Indian Penal Code, he was convicted and sentenced to death by the learned Additional Judicial commissioner of Ranchi in the State of Bihar. The learned Additional Judicial Commissioner submitted the record to the High Court of Patna for confirmation of the sentence, as he was required to do under the provisions of section 374 of the Code of Criminal Procedure. Ratan Gond also preferred an appeal to the High Court. The appeal and the reference under section 374, Criminal Procedure Code, were heard together by a Division Bench of the said High Court and it accepted the reference and dismissed the appeal thereby confirming the sentence of death passed upon the appellant. On May 19, 1958, the appellant prayed for and obtained special leave and then filed the present appeal in pursuance of the leave granted to him. 2. The facts lie within a narrow compass...
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