Court : Supreme Court of India
Reported in : AIR1962SC500; [1962]32CompCas201(SC); [1962]Supp1SCR344
Raghubar Dayal, J.1. This is an appeal on certificate granted by the High Court of Madras. The question for determination in this appeal is whether foreign creditors of a firm which was incorporated in England and carried on business in India can prove their claims in the winding up proceedings of the firm as an unregistered company in India. 2. The facts leading to the appeal are that the Vizianagaram Mining Co. Ltd., hereinafter called the company, was incorporated in England, under the English Companies Act then in force, on December 8, 1894, the object of the company being to mine manganese ore and some other minerals in India. Its principal place of business in India was at Kodur, Vizagapatam District. 3. The company took certain land on lease from the Rajah of Vizianagaram, the appellant. Its business did not prove profitable and it was not in a position to pay the rent to the lessor or to pay its creditors. On the application on behalf of the Rajah Vizianagaram, orders for the w...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1334; (1962)ILLJ266SC; [1962]Supp1SCR315
Shah, J. 1. In 1951 the appellant Devendra Pratap Narain Rai Sharma held the post of 'Inspector of Qanungo' in the Revenue Department of the State of Uttar Pradesh and was selected for the post of Tehsildar on probation. By order dated April 21, 1952, the Collector of Jhansi suspended the appellant and commenced an enquiry against him on certain charges of misdemeanour. In June, 1952, the Collector recommended to the Land Reforms Commission that the appellant be reverted to the post of 'Naib Tehsildar', but the Commissioner recommended to the State Government that the applicant be dismissed from service. The State Government accepted the recommendation of the Commissioner and dismissed the appellant from service, by order dated September 16, 1953. The appellant then commenced an action (Suit No. 163 of 1954) in the Court of the Civil Judge, Lucknow, challenging the legality of the order of dismissal principally on the ground that he was not afforded the opportunity of defending himself...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC487; [1962]Supp1SCR325
Wanchoo, J.1. The suit out of which the present appeal arises has bad a chequered history. It was filed as far back as June 1943, the plaintiff being S. Balwant Singh (hereinafter referred to as the respondent). The main defendants were Kesar Singh and Jaswant Singh, of whom Kesar Singh will be referred to as the appellant hereinafter. The suit was with respect to a house known as bunga Maharaja Sher Singh which is situate outside the tank around Sri Harmandir Saheb (hereinafter referred to as the Golden Temple) in Amritsar. The case of the respondent was that he and this uncle who was made a defendant to the suit were managers of this bunga which was wakf property and that they and their ancestors had been in possession of it throughout. There were proceedings before the Sikh Gurdwaras Tribunal established under the Sikh Gurdwaras Act, No. VIII of 1925, (hereinafter referred to as the Act) in 1933 with respect to this bunga. The proceedings arose because a claim was put forward that t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC510; [1962]Supp1SCR295
Subba Rao, J. 1. Both these matters are connected and raise the same questions, and they may be disposed of together. 2. Ranbir Singh Sehgal, the petitioner in the writ petition, is now a prisoner in the Central Jail, Ambala, in the State of Punjab. He was prosecuted for committing offences in different places. On June 13, 1961, he was convicted by the Additional District Magistrate, Ambala, under s. 5 of the Indian Explosive Substances Act and sentenced to 5 years rigorous imprisonment and to pay a fine of Rs. 2,000/-. The petitioner has preferred an appeal against the said conviction and sentence, and the said appeal is now pending in the High Court of Punjab. On January 30, 1961, the Additional Sessions Judge (II), Ambala, convicted the petitioner under Sections 120B and 399 of the Indian Penal Code and sentenced him to 7 years rigorous imprisonment and a fine of Rs. 2,000/- under the former section, and to 5 years rigorous imprisonment and a fine of Rs. 2,000/- under the latter sec...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1329
J.R. Mudholkar, J. 1. This is an appeal on a certificate granted by the High Court of Calcutta under Article 133 (1)(a) and (b) of the Constitution by the first defendant to the suit, Sree Sree Kalimata Thakurani of Kalighat represented by her next friend Manik Lal Mukherjee.2. The suit out of which the appeal arises was instituted by the plaintiffs who are respondents 1 to 5 to the appeal, under Section 92 of the Code of Civil Procedure for the purpose of framing a scheme for the proper management of the seva puja of Sree Sree Kali Mata Thakurani and her associated deities and for the proper management of the properties, declared to be debuttar properties in a previous suit. The District Judge, Alipur in whose Court the suit had been instituted settled a scheme with respect to the aforesaid matters but upon appeal by the appellant the High Court amended that scheme. The main grievance of the appellant in this appeal is regarding certain amendments to the scheme made by the High Court....
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