Court : Supreme Court of India
Reported in : AIR1961SC1494; (1962)64BOMLR158; [1961]3SCR986
Subba Rao, J.1. This appeal by special leave is directed against the judgment of the High Court of Judicature at Bombay allowing the appeal filed by respondent No. 1 against the acquittal of the appellant by the Judicial Magistrate, First Class, Thana, and convicting him under s. 16(1), read with s. 7(i), of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act), and sentencing him to undergo rigorous imprisonment for two months and to pay a fine of Rs. 250/-. 2. The appellant is the proprietor of a shop at Thana known as the Cottage Industries. He is a dealer in butter. On June 27, 1957, the Food Inspector of the Thana Borough Municipality visited the shop of the appellant and purchased from him some quantity of Khandeshi butter. After purchasing the butter, the Food Inspector notified his intention to the appellant that he was going to get the butter analysed. He divided the butter into three equal parts, put them in three separate bottles and duly sealed the bott...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1285; (1962)64BOMLR169; [1961]3SCR1029
Hidayatullah, J.1. This is an appeal (with certificate) by Messrs. Dhanrajamal Gobindram against a judgment of the Divisional Bench of the High Court of Bombay, by which a petition under s. 20 of the Indian Arbitration Act was held to be maintainable and the decision of the learned Judge (Original Side) who held otherwise, was reversed. The respondents are Messrs. Shamji Kalidas & Co. (a registered firm), who were the petitioners in the High Court. 2. The facts of the case are as follows : On October 24, 1957, Messrs. Dhanrajamal Gobindram (referred to as buyers, hereafter) entered into an agreement with Messrs. Shamji Kalidas & Co. (referred to as sellers, hereafter), for purchase of 500 bales of African raw cotton. The contract was in the form of a letter written by the sellers and confirmed by the buyers. The material portions of the letter, which bears No. SK/Bom/13/2014 and was stamped as an agreement, are as follows : 'We confirm having sold to you African raw cotton on the follo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1225; [1962]32CompCas155(SC); [1961]3SCR998
Wanchoo, J.1. This is an appeal on a certificate granted by the Madras High Court. The brief facts necessary for present purposes are these : The present suit was brought by Muthappa Chettiar (hereinafter referred to as the respondent) against K. Thiagarajan Chettiar (hereinafter called the appellant) and the Saroja Mills Ltd. In 1939 these two persons thought of doing business jointly by securing managing agencies of some mills. In that connection they carried on negotiations with two mills, namely, Rajendra Mills Limited, Salem and the Saroja Mills Limited, Coimbatore (hereinafter called the Mills). The managing agency of the Mills was with the Cotton Corporation Limited. On October 4, 1939, the said Corporation transferred and assigned its rights to the appellant and the respondent under the name of Muthappa and Co. On November 15, 1939, the Mills at an extra-ordinary general meeting of the shareholders accepted Muthappa and Co. as the managing agents and made the necessary changes ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1299; [1961]3SCR1015
Shah, J.1. Smt. Vimla - hereinafter referred to as the plaintiff - filed suit No. 73 of 1956 in the court of the Subordinate Judge, South Kanara, for a decree for possession of lands, buildings, house-sites described in sch. A and movable properties described in sch. B and for mesne profits in respect of properties described in sch. A and for a decree for possession and management and for account of the properties described in sch. C and institutions alleged to be the private family religious endowments in sch. D. The plaintiff claimed that on the death of her father Shri Dharmasthala Manjayya Heggade on August 31, 1955, she became entitled to the properties in suit but the defendant wrongfully possessed himself of those properties. The plaintiff valued the properties in schs. C and D under s. 28 of the Madras Court-fees and Suits Valuation Act, 1955 at Rs. 21,000/- and paid a court-fee of Rs. 275/-. She valued the lands in schedule A for purposes of jurisdiction at 30 times the assess...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1128; [1961]3SCR974
Wanchoo, J. 1. This is an appeal on a certificate granted by the Madras High Court. The facts lie in a narrow compass and may be briefly stated. One Viswanatha Iyer, who died in 1927 had a number of properties. He had no male issue but left two daughters surviving him who were minors at the time of his death. He had a brother Seetharama Iyer who died in 1934. The appellant is the third son of Seetharama. He was treated as a foster son (abhimanputra) by Viswanatha and was also minor at the time of his death. Viswanatha made a will on October 4, 1927. By this will he appointed his brother Seetharama as guardian of his minor daughters as well as of his foster son. He left the management of his properties to his brother and provided that as soon as his minor daughters attained majority Seetharama should give to them per head one veli of nanja land and one veli of punja land in vattam No. 149 in village Nagampadi and further provided that the said Seetharama should deliver possession of the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1301; [1961]3SCR969
Sarkar, J.1. The respondent is a Civil Engineer who held various positions under the appellant, the Government of the State of Jammu and Kashmir. On September 8, 1954, while the respondent was holding the post of Development Commissioner, he was placed under suspension by an order made by the appellant on that date. Later, the appellant passed another order on February 12, 1955, demoting the petitioner to the post of a Divisional Engineer. 2. On May 12, 1955, the respondent moved the High Court of Jammu and Kashmir under Art. 32(2A) of the Constitution of India as applied to the State of Jammu and Kashmir, for a writ directing the appellant not to give effect to the order dated February 12, 1955, and to recognise him as the Chief Engineer, the substantive post held by him when he was suspended, with effect from the date of suspension and with all emoluments of that office. The High Court issued the writ as prayed. The State appeals from the judgment of the High Court. 3. In the view th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1302; [1961]3SCR955
Gajendragadkar, J.1. This appeal raises a short question about the construction of a will executed by the testator, Diraviyam Pillai, on April 28, 1937, and it arises from a suit instituted by the appellant N. Kasturi in the Court of the Subordinate Judge at Madura. In his suit the appellant alleged that under clause 12 of the will certain rights either vested or contingent had been conferred on him in regard to the property as therein described, and it was in pursuance of the said rights that he claimed a declaration with a view to protect his interest and safeguard the estate from being wasted by, and lost in the hands of, the testator's widow, respondent 1, Ponnammal, who was in charge of the said estate. The trial court construed the will against the appellant and held that it conferred no right on him and so he could not claim any of the reliefs set out in his plaint. Incidentally, on the merits the trial court was satisfied that a case had been made out by the appellant and that ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1309; [1961]3SCR947
Gajendragadkar, J.1. These two appeals arise from a suit instituted by the appellant in the Court of the Special Subordinate Judge, Assam Valley Districts, in which he claimed a declaration that the sale deeds of lands described in detail in the various Schedules attached to the plaint were void and for possession of the lands covered by the said sale deeds. His case was that Madhab Temple at Hajo is a very ancient temple and the Assam Rajahs had granted lands to the Bardeuries (temple officials) to enable them to render service to the deities installed in the said temple. The lands thus granted to the temple officials were endowed lands and the same had been burdened with service to the temple; in other words, the grantees were entitled to enjoy the lands on condition that they rendered the requisite service to the temple. As a corollary of the burden imposed on the grantees by the said grant the lands were inalienable to strangers though they could be transferred to any of the Bardeu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1206; [1961]3SCR930
Wanchoo, J.1. This is an appeal by special leave against the judgment of the Nagpur High Court. The brief facts necessary for present purposes are these : There is an ancient temple of Balaji at Deolgaon Raja in the Buldana District. Before 1866 the management of the temple was in the hands of a family bearing the name of Lad. A suit was filed in 1866 with respect to this temple by Raje Mansingh Rao under the guardianship of his mother for a declaration that the temple was his property. The defendants in that suit were certain pujaris. The suit was decreed by the first court but on appeal it was held that the temple was not the private property of the Raja but was an endowment for the public founded by the ancestors of the Raja and that the Raja was entitled as against the pujaris to the possession and control of the institution. A receiver was appointed during the minority of the Raja but in the due course the Raja took over the direct management of the temple. In 1872 it seems that t...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1961]3SCR913
Wanchoo, J.1. This is an appeal on a certificate granted by the Nagpur High Court. The brief facts necessary for present purposes are these. One Ramchandar Jat originally owned Annas - 10/8 share in Mauza Tamalawadi while the rest belonged to others. Ramchandar executed a simple mortgage deed on July 27, 1920, in favour of Seth Ram Jiwan and two minors Ram Narain and Radhey Sham. The plaintiffs-respondents are the representatives of the mortgagees. On August 27, 1926, the defendant-appellant purchased Annas -/5/4 share belonging to the other shareholders in the village. Thereafter, the appellant brought a suit against Ramchandar who was lambardar of the village for profits, in which a decree was passed against Ramchandar. In execution of that decree the appellant purchased the entire Annas -/10/8 share of Ramchandar in the village about the year 1932. In consequence, the appellant became the owner of the entire village subject to the mortgage of the respondents on Annas -/5/4 share the...
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