Court : Supreme Court of India
Reported in : AIR1960SC1110; [1960(1)FLR525]; (1960)ILLJ501SC
P.B. Gajendragadkar, J.1. This appeal by special leave arises out of an industrial dispute between the Manager, Bengal Nagpur Cotton Mills Ltd., (hereinafter called the appellant) and Mr. J. Bastian, who was employed by the appellant as a Head Clerk (hereinafter called the respondent). It appears that on 28-12-1955, the respondent handed over charge of his office under protest to Mr. Satyabralal, as a result of the order passed by the appellant. It is this termination of his service against which the respondent applied to the Assistant Labour Commissioner, Madhya Pradesh, under Section 16, Sub-section (2) of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (hereinafter called the Act). He alleged that the termination of his service was illegal and improper and he prayed for an order for his reinstatement by the appellant. This claim was resisted by the appellant on the ground that the dispute between the parties was not an industrial dispute inasmuch as the resp...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC768; (1960)IIMLJ25(SC); [1960]3SCR138
Shah, J.1. This is a petition filed by Sahibzada Saiyed Muhammed Amirabbas Abbasi, who will hereinafter be referred to as the first petitioner on behalf of himself and as the natural guardian of his two minor children, Kamal Abbas and Jehanzeb Bano, petitioners Nos. 2 and 3 against the State of Madhya Bharat (now the State of Madhya Pradesh) and three other respondents for an appropriate writ or writs of Habeas Corpus, Mandamus, Certiorari, Prohibition and any other writ, direction or order directing the State of Madhya Bharat immediately to assume charge of the properties of the minor petitioners 2 and 3 and determining the amount of loss sustained by the minors and calling upon the State of Madhya Bharat and the other respondents to compensate the minors for the full value of the property lost due to their negligence in the discharge of their respective duties in failing to protect the minors' properties, and calling upon the 4th respondent to produce the minors before this court and...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1960CriLJ1159; (1960)IIMLJ39(SC); [1960]3SCR116
Imam, J.1. This is an appeal on a certificate granted by the High Court of Madras. 2. The appellant was tried by the Special Judge of Tiruchirappalli under s. 165A of the Indian Penal Code for attempting to bribe Mr. Kaliyappan, Deputy Superintendent of Police of Ramanathapuram. The Special Judge came to the conclusion that the charge framed against the accused had not been established. He, accordingly, acquitted the appellant. Against the order of acquittal the State of Madras appealed to the High Court of Madras under s. 417 of the Code of Criminal Procedure. The High Court came to the conclusion that the evidence established that the appellant had attempted to bribe the aforesaid Deputy Superintendent of Police. It accordingly convicted the appellant under s. 165A, Indian Penal Code and sentenced him to 6 month's rigorous imprisonment and a fine of Rs. 1,000, in default, to undergo further rigorous imprisonment for 6 months. 3. According to the prosecution case, the appellant attemp...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC748; (1960)62BOMLR518; 1960CriLJ1156; (1960)IIMLJ35(SC); [1960]3SCR130
Imam, J.1. This appeal is by special leave. The appellant was convicted under s. 304, Part I of the Indian Penal Code and sentenced to imprisonment for life. He appealed to the Bombay High Court. According to the judgment of the High Court the appeal was admitted only on the point of sentence. The High Court reduced the sentence from imprisonment for life to 10 years' rigorous imprisonment. 2. It was submitted on behalf of the appellant that the High Court could not, in law, admit an appeal only on the point of sentence and the appellant was entitled to have his appeal heard on the merits of his conviction as well. The evidence upon which the appellant was convicted was unsatisfactory and he was entitled to be acquitted. 3. Shortly stated, the case of the prosecution was that the appellant had caused the death of Zina Hira on April 6, 1957, when the deceased was returning from an adjoining village to the village of his residence. The appellant met him on the way and accused him of havi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC796; [1960]3SCR106
Wanchoo, J.1. These seventy-one appeals on certificates granted by the judicial Commissioner of Vindhya Pradesh arise out of seventy petitions under art. 226 of the Constitution filed before that Court challenging the constitutionality of the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, No. XI of 1952, (hereinafter called the Act). They were disposed of by a common judgment by the Judicial Commissioner. We shall also dispose of these appeals, by a common judgment. Seventy (Nos. 40 to 109), out of these appeals, are by the State of Vindhya Pradesh (now Madhya Pradesh) while one (No. 110) is by the Brijindar Singh, a jagirdar. 2. The case of the petitioners in the Court of the Judicial Commissioner was that the Act was unconstitutional as various provisions in it placed an unreasonable restriction on the exercise of the fundamental rights guaranteed to the petitioners under Part III of the Constitution. The Judicial Commissioner held that the Act was constitutional, except f...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1213; [1960(1)FLR572]; (1960)ILLJ497SC
K.C. Das Gupta, J.1. When an entrepreneur--whether an individual proprietor or a partnership firm, or an incorporated Company--is engaged in several activities each of which comes within the definition of 'industry' in the Industrial Disputes Act, the question often arises whether these several 'activities together form one industrial unit or are distinct separate industrial units. It seldom happens that the several ventures can show in every year equally successful results and so when a dispute arises between such an owner and the workmen engaged in one of the ventures over bonus, not only the quantum of the bonus which may be reasonably payable to workmen, but the very question whether any sum will be payable at all or not, may well depend, on whether the overall results, or the results of the particular venture where the workmen with whom the dispute has arisen are employed are taken into consideration. A proper decision of such a dispute therefore requires in the first place a dete...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC770; (1960)IIMLJ27(SC); [1960]3SCR91
Shah, J.1. Three candidates, Balwan Singh (hereinafter referred to as the appellant), Ram Dulari and Gaya Prasad, contested the election to the U.P. Legislative Assembly from the Akbarpur Rural Assembly Constituency No. 6, at the last general elections held in 1957. The polling of votes took place of February 28, 1957, and the result of the election was declared on March 2, 1957. The appellant secured the highest number of votes and was declared duly elected. A voter named Lakshmi Narain - who will hereinafter be referred to as the first respondent - submitted an application to the Election Commission of India to declare the election of the appellant Balwan Singh void on the ground inter alia that the appellant 'and/or his election agent and/or other persons with his consent, had committed corrupt practices and the result of the election was materially affected by such corrupt practices committed in his interest.' In Clause (f) of para 9 of the petition, which is material for this appe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC782; [1960(1)FLR354]; (1960)ILLJ275SC; [1960]3SCR68
Gajendragadkar, J. 1. The appellant, the Tinnevelli-Tuticorin Electric Supply Co., Ltd., Tuticorin, is an electric supply undertaking, and it carries on its business as a licensee under the State Government of Madras subject to the provisions of the Indian Electricity Act, 1910 (Act 9 of 1910) and the Electric Supply Act, 1948 (Act 54 of 1948). This latter Act will hereinafter be called the Act. The business of the appellant consists of buying electric supply from the State Hydro-electric Projects and of supplying the same to consumers within the areas specified in its licence; this area is in and around Tinnevelli and Tuticorin Municipalities. The appellant's workmen (hereinafter called the respondents) made several demands in respect of their terms of employment. These demands gave rise to an industrial dispute which was referred by the Madras Government to the Industrial Tribunal at Madurai for adjudication under s. 10(1)(c) of the Industrial Disputes Act, 1947 (XIV of 1947). Amongs...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC794; (1960)62BOMLR515; [1960]30CompCas468(SC); [1960]3SCR85
Sarkar, J. 1. Respondents Nos. 1 to 4 are shareholders in the company which is the appellant in his case. They made an application against the appellant and its directors under s. 153-C of the Companies Act, 1913 before that Act was repealed on April 1, 1956, as hereinafter mentioned, for certain reliefs which it is not necessary to state. This Act will be referred to as the Act of 1913. This application had been made to the Court of the District Judge of Poona which Court had been empowered to exercise jurisdiction under the Act of 1913 by a notification issued by the Government of Bombay under s. 3(1) of that Act. Before the application could be disposed of by the District Judge, Poona, the Act of 1913 was repealed and re-enacted on April 1, 1956, by the Companies Act of 1956, which will be referred to as the Act of 1956. 2. On or about June 28, 1956, the appellant made an application to the District Judge of Poona for an order dismissing the application under s. 153-C of the Act of ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC789; [1960]39ITR114(SC); (1960)IIMLJ54(SC); [1960]3SCR58
Kapur, J.1. The appellant is a Bank registered under the Co-operative Societies Act, 1912 (Act II of 1912) and is deemed to be registered under the Bihar & Orissa Co-operative Societies Act, 1935 (Bihar Act VI of 1935) which in Bihar has replaced the Co-operative Societies Act of 1912. It was carrying on banking business in the State of Bihar. One of the objects of the Bank is to carry on general business of banking not repugnant to the provisions of the Bihar Act and rules framed thereunder for the time being in force (Bye-Law 3(a)vi). In the calendar years 1945, 1946 and 1947, the appellant Bank received by way of interest on deposits with the Imperial Bank of India the sums of Rs. 7,192, Rs. 20,250 and Rs. 22,600 respectively. It is these sums which are the subject matter of dispute in these three appeals which relate to the respective assessment years 1946-47, 1947-48 and 1948-49. These sums were not assessed when assessment was made under s. 23(3) of the Income-tax Act, but subseq...
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