Court : Supreme Court of India
Reported in : AIR1966SC1971; [1962]Supp1SCR710
Shah, J.1. Out of a total area of 2,375 acres 3 gunthas of Dhanora - an Izara village in Taluka Pusad in the State of Madhya Pradesh - 2,283 acres and 28 gunthas is assessed land and the remaining 91 acres and 15 gunthas is unassessed. One Surat Singh who was the proprietor of the village, by sale deed dated May 24, 1947, conveyed an undivided half share in the village to Yeshwant Madhao Mahajan - hereinafter called Mahajan - for Rs. 25,000/- and on the same day executed a kabulayat (lease deed) for five years in respect of the same land for cultivation at an annual rental of Rs. 3,000/-. The Legislature of the Madhya Pradesh State enacted the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act. 1 of 1951 - hereinafter called the Act - to provide for acquisition of the rights of proprietors in estates, mahals, alienated villages and alienated lands in Madhya Pradesh and to make provision for other matters connected therewith. The Act was brought into o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1758; (1962)64BOMLR565; [1962]Supp1SCR700
Gajendragadkar, J. 1. This appeal by special leave arises out of a tenancy case instituted by the appellant against his tenants the respondents in the Court of the Mamlatdar Raver (East Khandesh), in the State of Maharashtra. The property in suit consists of agricultural lands, Survey Nos. 32 and 38, situated in the village Raipur. The respondents had executed a rent note in respect of these lands in favour of the appellant on February 5, 1943. The period for which the rent note was executed was five years and the rent agreed to be paid annually was Rs. 785/-. In ordinary course the lease would have expired on March 31, 1948. However, before the lease expired, on April 11, 1946 the Bombay Tenancy Act, 1939 (Bombay Act XXIX of 1939) was applied to the area of the East Khandesh where the lands are situated, and in consequence as a result of s. 23(1)(b) of the said Act the five years period stipulated in the rent note was statutorily extended to ten years; the result was that under the sa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC158; 28(1962)CLT366(SC); [1962]Supp1SCR681
Wanchoo, J. 1. These two petitions challenge the validity of a scheme of road transport service approved by the Government of Orissa under s. 68D(2) of the Motor Vehicles Act, No. IV of 1939 (hereinafter called the Act). A large number of grounds have been raised in the petitions but we are now concerned with only six points urged on behalf of the petitioners and we shall deal with only those points. No arguments were addressed on the other points raised in the petitions and it is therefore not necessary to set them out. The six points which have been raised before us are these :- 1. No hearing was given to the petitioner in petition No. 117 as required by s. 68D(2) and the Rules framed under Chap. IV-A. 2. The minister who heard the objections under s. 68D(2) was biased and therefore the approval given to the scheme is invalid. 3. The order of the Regional Transport Authority dated December 17, 1960, rendering the permits of the petitioners ineffective from April 1, 1961 is illegal in...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1141; [1962]Supp(1)SCR690
Wanchoo, J.1. This is an appeal by special leave in an insolvency matter. The brief facts necessary for present purposes are these. S. V. N. Nanappa Naicker and his sons were adjudged insolvents on an application of Smt. Engammal (hereinafter referred to as the respondent). They had preferred an appeal before the High Court of Madras but it was dismissed on April 17, 1953. Thereafter the official receiver took steps to sell the property of the insolvents, which consisted of two lots, the first lot comprising 145 acres 10 cents of dry land and masonry house, and the second lot, 8 acres and odd of dry land. Both these properties were subject to mortgage. The official receiver fixed September 28, 1953, for sale of the properties by auction. Fifteen of the creditors were present when the sale by auction took place, including the son of the respondent. No request was made on that day by anyone for postponing the sale and consequently bids were made. The highest bid for lot 1 was of Rs. 4500...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1352; [1962]13STC98(SC)
M. Hidayatullah, J.1. These five appeals on certificates granted by the High Court of Madras were consolidated and heard together. They arise out of proceedings against the appellants under the Madras General Sales Tax Act, 1939. The appellants are three Companies-carrying on business of sale of motor cars, motor car spare parts, and other goods. Messrs. George Oakes (Private) Ltd., have-filed Civil Appeals Nos. 1 to 3 of 1961 questioning a part of the sales tax imposed on them for the years, 1950-51, 1951-52 and 1952-53. Civil Appeals Nos. 4 and 5 of 1961 have been filed respectively by Messrs. Addison & Co. (Private) Ltd., and Messrs. Rane (Madras) Ltd., questioning similarly a part of the tax imposed on them for the-year ending March 31, 1952. The common question which has been raised by the-appellants arises in the following circumstances.2. Under the Madras General Sales Tax Act, 1939, 'turnover' is defined inter alia as-'the aggregate amount for which goods-are either bought by o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC759; 1983(13)ELT1370(SC); [1962]Supp1SCR545
Hidayatullah, J. 1. This appeal is by certificate under Art. 134(1)(c) of the Constitution granted by the High Court of Calcutta against its judgment and other dated July 1, 1960. The appellant, Mohammad Serajuddin, is the managing partner of Messrs. Serajuddin and Co., of No. 19A, British Indian Street and of p-16, Bentick Street, Calcutta. The said firm carries on business as exporters of mineral ores, and also possesses some mines. The business of the appellant involved the export of manganese ore. Till April, 1948, there was no export duty on manganese ore. On April 19, 1948, export duty at ad valorem rates was imposed on manganese ore. This was withdrawn in August, 1954, but was re-imposed in September, 1956 and was withdrawn again in November, 1958. During this period, the appellant exported manganese ore, among other mineral ores. 2. On November 28, 1959, an application was made under s. 172 of the Sea Customs Act to the Chief Presidency Magistrate, Calcutta requesting that warr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC605; (1962)64BOMLR488; [1962]Supp1SCR567
Subba Rao, J.1. This appeal by special leave arises out of the judgment of the Bombay High Court sentencing Nanavati, the appellant, to life imprisonment for the murder of Prem Bhagwandas Ahuja, a businessman of Bombay. 2. This appeal presents the commonplace problem of an alleged murder by an enraged husband of a paramour of his wife : but it aroused considerable interest in the public mind by reason of the publication it received and the important constitutional point it had given rise to at the time of its admission. 3. The appellant was charged under s. 302 as well as under s. 304, Part I, of the Indian Penal Code and was tried by the Sessions Judge, Greater Bombay, with the aid of special jury. The jury brought in a verdict of 'not guilty' by 8 : 1 under both the sections; but the Sessions Judge did not agree with the verdict of the jury, as in his view the majority verdict of the jury was such that no reasonable body of men could, having regard to the evidence, bring in such a ve...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1962]Supp1SCR518
S.K. Das, J.1. I had taken a view different from that of my learned brethren when this appeal was heard along with Pringle Industries Ltd., Secunderabad v. The Commissioner of Income-tax, Hyderabad : [1960]40ITR67(SC) , and that view was expressed in a very short judgment dated April 26, 1960. 2. Now, we have had the advantage of hearing a very full argument with regard to the facts of this appeal, and I for myself have had the further advantage and privilege of reading the judgment which my learned brother Hidayatullah, J., is proposing to deliver in this appeal. I have very carefully considered the question again with reference to the facts relating thereto and, much to my regret, have come to the conclusion that I must adhere to the opinion which I expressed earlier. My view is that the facts of this case are indistinguishable from the facts on which the decision of the Privy Council in Mohanlal Hargovind v. Commissioner of Income-tax, C.P. and Berar (1949) 17 I.T.R. 473 was rendere...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC680; [1962]44ITR689(SC); [1962]Supp(1)SCR518
S.K. Das, J. 1. I had taken a view different from that of my learned brethren when this appeal was heard along with Pingle Industries Ltd., Secunderabad v. Commissioner of Income-tax, and that view was expressed in a very short judgment dated April 26, 1960. 2. Now, we have had the advantage of hearing a very full argument with regard to the facts of this appeal, and I for myself have had the further advantage and privilege of reading the judgment which my learned brother Hidayatullah J. is proposing to deliver in this appeal. I have very carefully considered the question again with reference to the facts relating thereto and, much to my regret, have come to the conclusion that I must adhere to the opinion which I expressed earlier. My view is that the fact of this case are indistinguishable from the facts on which the decision of the Privy Council in Mohanlal Hargovind v. Commissioner of Income-tax, was rendered, and on the principles laid down by this court in Assam Bengal Cement Co....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC505; 1962(0)BLJR594; [1962]Supp1SCR505
Shah, J. 1. This is an appeal against the judgment of the High Court of Judicature at Patna from an order commanding the Accountant General of Bihar, Ranchi, to pay certain passage allowance due under the Superior Civil Services (Revision of Pay and Pension) Rules, 1924, to the wife and the children of the respondent. 2. After passing the competitive examination held in London in August, 1924 the respondent N. Bakshi was admitted in November, 1924 to the Indian Civil Service and was, after his arrival in India, posted in the Province of Bihar. He continued to serve in the State of Bihar after independence. 3. On February 3, 1956, the respondent enquired of the Accountant General of Bihar about the number of passages to which he and the members of his family were entitled under the Superior Civil Services (Revision of Pay and Pension) Rules, 1924 - hereinafter called the Statutory Rules. The Accountant General, by letter dated March 6, 1956, stated that Pound 284-6 s. stood in the respo...
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