Court : Supreme Court of India
Reported in : AIR1960SC1049; [1960]3SCR650
Gajendragadkar, J.1. Does the failure of a candidate to specify his age as required by the prescribed form of the nomination paper amount to a defect of a substantial character under s. 36(4) of the Representation of the People Act, 43 of 1951 (hereinafter called the Act) That is the point of law which arises for our decision in the present appeal. The said point arises in this way. On February 25, 1957, polling took place at the General Election to the Madhya Pradesh Legislative Assembly from the Manendragarh Double Member Constituency. Thirteen candidates had offered themselves for election either for the general or the reserved seat at the said election. Mr. Brijendralal Gupta, appellant 1 and Thakur Raghubir Singh, appellant 2, were the Congress candidates while respondents 1 and 7 had been adopted by the Praja Socialist Party, respondent 4 and one Sadhuram by the Jan Sangh and the remaining candidates had filed their nominations as independent candidates. Udebhan Tiwari, responden...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1147; (1961)63BOMLR208; [1960]40ITR1(SC); [1960]3SCR620
CIVIL APPELLATE, JURISDICTION: Civil Appeal No. 788 of 1957. Appeal by special leave from the judgment and order dated February 16, 1955, of the Bombay High Court in Income-tax Reference No. 38/x of 1954. C. K. Daphtary, Solicitor-General of India, R. Ganapathy Iyer and D. Gupta, for the appellant. R.J. Kolah, S. N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the respondent. 1960. April 21. The Judgment of S. K. Das and Kapur, JJ., was delivered by S. K. Das, J. Hidayatullah, J., delivered a separate Judgment. S.K. DAS, J.-This is an appeal by special leave from the judgment and orders of the High Court of Bombay dated February 16, 1955, in a reference under section 66(1) of the Indian Income-tax Act, 1922, hereinafter called the Act. The reference was made in the following circumstances : The Hindu undivided family of one Gandalal carried on business in cloth in Wadhwan in Kathiawar, which at the relevant time was outside British India. The family consisted of Gandal...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC953; [1960]3SCR604
Das Gupta, J.1. Dhalbhum estate which covers an area of more than 1,000 sq. miles and lies partly in the District of Midnapur and partly in the District of Singhbhum is rich in minerals. In 1900 the then Proprietor of this estate Raja Satrughan Deo Dhabal Deo the predecessor-in-interest of the first respondent Jagdish Deo Dhabal Deo granted permanent lease of the mining rights for certain metals and minerals in this estate to Prince Mohammad Bakhtyar Shah of Tollygunge in the District of 24 - Parganas. Raja Satrughan Deo Dhabal Deo died in 1916. Before his death, however, the management of the estate had been taken over by the Deputy Commissioner of Singhbhum under the Chotanagpur Encumbered Estates Act. In the course of such management the Manager of the Estate granted on September 1, 1919, to the Official Receiver to the estate of Prince Mohammad Bakhtyar Shah another lease in respect of mining rights in the same area. The present litigation was commenced by the first respondent with...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1030; [1960]3SCR570
Wanchoo, J.1. This is an appeal by special leave against the judgment of the Punjab High Court. The brief facts necessary for present purposes are these. The appellant had executed two usufructuary mortgages with respect to two properties situate in Ferozepore city in favour of the respondents in 1946. She also took both properties on lease on the same date. An application was filed by the respondents under s. 13 of the Displaced Persons (Debts Adjustment) Act, No. LXX of 1951 (hereinafter called the Act), for recovery of the principle sum due as well as the rent which was said to be in arrears. The application was resisted by the appellant on various grounds, one of which was that no such application lay as the liability was not a debt under the Act. The tribunal negatived the contention of the appellant and passed a preliminary decree for sale. Six months' time was allowed to the appellant to pay the decretal amount, failing which the respondents were at liberty go get a final decree...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC941; [1960]3SCR590
Das Gupta, J.1. This appeal is by the landlords who having obtained a decree for ejectment against the tenants, Deorajin Debi and her minor son, on February 10, 1949, have not yet been able to get possession in execution thereof. Soon after the decree was made the Calcutta Thika Tenancy Act, 1949, came on the statute book. On March 3, 1949, the tenants made an application under Or. 9, r. 13 of the Code of Civil Procedure for having the decree set aside. That application was dismissed on July 16, 1949. On September 9, 1949, an application was made by the tenants under s. 28 of the Calcutta Thika Tenancy Act alleging that they were Thika tenants and praying that the decree made against them on February 2, 1949, may be rescinded. This Application was resisted by the landlords, the decree-holders, and on November 12, 1951, the Munsif holding that the applicants were not Thika Tenants within the meaning of the Thika Tenancy Act and accordingly the decree was not liable to be rescinded dismi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC936; [1960]3SCR578
Das Gupta, J.1. In Calcutta and its suburb Howrah there have existed for many years precarious tenancies popularly known as Thika tenancies, the characteristic feature of which is that the tenant takes lease of the land only and erects structures thereon at his own expense; where there is already a structure on the land the tenant acquires these structures by purchase or gift but takes the land on which the structure stood in tenancy. With the influx of population into these areas that followed the partition of India the position of these Thika tenants became even more insecure than before. With the sharply rising demand for accommodation the landlords found it possible and profitable to put pressure on these Thika tenants to increase their rents or to evict them so that other tenants who would give more rents and high premiums might be brought in. With a view to give some protection to these Thika tenants against eviction and in certain other matters, the West Bengal Legislature enact...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC979; (1960)62BOMLR908; 26(1960)CLT626(SC); 1960CriLJ1383; [1960]3SCR554
Sarkar, J.1. The appellant and two others were convicted by a Magistrate under s. 420 read with Sections 511 and 34 of the Indian Penal Code and each was sentenced to rigorous imprisonment for 12 months and a fine of Rs. 500 and in default of payment, a further period of imprisonment for four months. On appeal the accused persons were acquitted by a Sessions Judge. The State then appealed to the High Court at Bombay and the High Court set aside the order of acquittal and restored the order passed by the learned Magistrate. Accused No. 1 alone has appealed against the order of the High Court to this Court. 2. The three accused persons approached one Ramanlal and the third accused told Ramanlal that accused Nos. 1 and 2 were proficient in duplicating currency notes and they were prepared to do it for Ramanlal who should take advantage of the offer. The third accused then asked Ramanlal to think over the matter and promised to come again. Ramanlal later mentioned this matter to his friend...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1162; (1961)63BOMLR201; [1960]39ITR775(SC); [1960]3SCR557
S.K. Das, J. 1. This is an appeal with special leave from the judgment and orders dated March 31, 1952, and March 2, 1953, of the High Court of Bombay in an Income-tax Reference No. 48 of 1951 made by the Income-tax Appellate Tribunal, Bombay, under s. 66(1) of the Indian Income-tax Act, 1922, and s. 21 of the Excess Profits Tax Act, 1940. 2. We may shortly state the relevant facts first. The assessee, Messrs. Shoorji Vallabhdas and Company, Bombay, appellant herein, is a firm registered under the Indian Income-tax Act. It held the managing agency of three companies, namely - (1) the Malabar Steamship Company Ltd., (2) the New Dholera Steamships Ltd., and (3) the New Dholera Shipping and Trading Company Ltd., for the periods material in this case. The appellant as also the aforesaid three managed companies were resident in the taxable territories within the meaning of the Indian Income-tax Act. The business of the Malabar Steamship Company Ltd. and of the New Dholera Steamships Ltd. wa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1269; [1960]39ITR611(SC); [1960]3SCR546
S.K. Das, J. 1. These are two appeals with special leave from the Judgment and Order of the High Court of Hyderabad dated April 10, 1953, in two references under s. 48(3) of the Hyderabad Excess Profits Tax Act. The question which the High Court answered against the assessee in the said references was - 'Whether in the circumstances of the case, the officers of the Excess-Profits Tax Department were right in treating the income of the assessee or the Industrial Trust Fund as income from business.' 2. The High Court answered the question in the affirmative. The point for decision before us is if the High Court correctly answered the question. 3. The relevant facts which led to the question and answer are these. There were two cotton mills in the State of Hyderabad (as it was then known) called Azamjahi mills and Osmanshahi mills. They were public joint stock companies. By a Firman-e-Mubarak of 1929 issued by the then Ruler of the State was formed an institution called the Industrial Tru...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC346; [1960]3SCR521
Kapur, J. 1. Prior to the integration of the Indian States with the Union of India on the promulgation of the Constitution of India there was in Kathiawad a State of the name of Vadia, succession to the Rulership of which was by primogeniture. Its Ruler then was Darbar Saheb Shri Surag Vala Bavavala. He had two sons Kumar Shri Krishan Kumar and the petitioner Kumar Shri Vira Vala Surag Vala. Kumar Shri Krishan Kumar being the elder son was the heir-apparent. On July 5, 1943, the Ruler Darbar Saheb Shri Surag Vala executed two documents in favour of the petitioner granting him in perpetuity and in heredity a village called 'Mota Pithadia' in the State for enjoyment as 'Kapal-Giras' as 'Bhayat'. The word 'Bhayat' means a cadet or the descendant of a younger branch of a Talukdar's family where the State follows the rule of primogeniture. 'Kapal-Giras' means a grant in appanage as a birthright to a share in the patrimony. 2. Sometime in or about August, 1947, the State of Vadia acceded to ...
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