Court : Supreme Court of India
Reported in : AIR1961SC787; [1962]1SCR97
Kapur, J.1. This is an appeal against the judgment and order of the High Court of Allahabad on a certificate granted by that court. The respondent file a petition under Art. 226 of the Constitution praying that the imposition of stamp duty by the Collector of Sitapur, of Rs. 85,595/7/- and a penalty of Rs. 5/- was against law and could not be realized against him and prayed that the order be quashed. On September 12, 1948, the respondent executed a wakf by oral recitation of Sigha and then it was written on a stamped paper which was signed by the respondent and attested by witnesses. On September 15, 1948, it was presented to the Collector for his opinion under s. 31 as to the duty chargeable. As the Collector himself was in doubt, he referred the matter to the Board of Revenue which, after a fairly long time, held that the document was liable to duty in accordance with Art. 58 of the Stamp Act. On October 29, 1951, the Collector held that Rs. 85,598/7/- were payable as stamp duty and ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC977; 1961(63)BLJR951; [1962(4)FLR236]; (1962)ILLJ108SC; [1962]1SCR105
Wanchoo, J.1. This appeal by certificate granted by the High Court of Bombay raises the constitutionality of s. 114(2) of the Bombay Industrial Relations Act, No. XI of 1947, (hereinafter called the Act). The brief facts necessary for present purposes are these. The appellant is a cotton textile mill situate in Bombay. It is said that the appellant had been continuously making losses from 1950 to 1955. References were however made under s. 73-A of the Act by the Rashtriya Mill Mazdoor Sangh, Bombay, in respect of disputes relating to bonus for the years 1952 and 1953, which are said to be pending before the Industrial Court, Bombay. The case of the appellant before the Industrial Court was that as it had made losses there was no question of its paying any bonus for the years in dispute. It seems that at the same time there were cases relating to bonus of other mills pending before the Industrial Court and the appellant applied that its case should be dealt with separately, and this pra...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC506
Gajendragadkar, J.1. This appeal by special leave arises from a suit filed by the appellant Shuganchand, who is a Jain, for possession of certain immovable property against the trespasser Umacharan Pradhan the respondent. Pending litigation Umacharan died and Prakash Chand and two others were brought on the record as his legal representatives. We will hereafter refer to Umacharan as the respondent. The property in question is a garden in Mouja and it bears Khasra No 345 Rakba 71/4. The appellant's case was that this property originally belonged to Kanakmal who died in 1910-11. During his life-time Kanakmal had adopted Mannilal who predeceased him leaving behind him his widow Sugan Bai. In the result at the date of Kanakmal's death the two members of his family were his widow Jadav Bai and his widowed daughter-in-law Sugan Bai. In 1922-23 Sugan Bai adopted the appellant. Jadav Bai died in 1932 and in 1936 the present suit for possession was filed by the appellant. According to the appel...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1962]1SCR87
Gajendragadkar, J.1. This appeal has been brought with a certificate issued by the Madras High Court and it arises out of a suit filed by the Managing Trustee of the appellant Sri Vedaraneeswararswamy Devasthanam against respondents 1 and 2 the Dominion of India and the Province of Madras respectively. In this suit the appellant claimed a declaration that the properties in suit belong to the appellant and asked for a direction against respondent 1 to put the appellant in possession of the same. A further direction was claimed against the said respondent calling upon it to account for and pay to the appellant mesne profits past and future and an alternative plea was also made by which the court was requested to determine the proper rent payable by the said respondent to the appellant. This claim has been rejected by the learned Subordinate Judge of Mayuram who tried the case and an appeal preferred by the appellant against the trial court's decision has likewise failed. That is why the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC803; 1961CriLJ859; [1962]1SCR75
Subba Rao, J.1. These two appeals are directed against the judgment of the High Court of Judicature at Allahabad dismissing the appeal preferred by the appellants and maintaining the convictions and sentences imposed on them by the learned Sessions Judge Meerut, under s. 147, s. 424, s. 452, s. 325, read with s. 149, and s. 323, read with s. 149, of the Indian Penal Code. 2. Briefly stated the case of the prosecution is as follows : One Har Narain had obtained a decree from the court of the Additional Munsif, Ghaziabad, against the one Sunehri Jogi for a sum of money. In execution of that decree the Munsif issued a warrant for the attachment of the judgment-debtor's property. The amin to whom the said warrant was entrusted attached, inter alia, three buffaloes and two cows, which were in the house of the judgment-debtor, as his property. The amin kept the cattle in the custody of one Chhajju, the sapurdar. As the said sapurdar had no accommodation in his house for keeping the animals, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC808; [1962]1SCR67
Shah, J.1. There is in the village of Cavelong, District Chingleput in the State of Madras an ancient Durgah to which is appurtenant a Masjid. The Nawab of Carnatic had granted two villages in inam for the maintenance of the Durgah and the Masjid. Offerings from the devotees who visited the Durgah and the Masjid were also received. The income of the institution after disbursing the expenses of 'Sandal', and 'Urs' and of feeding the poor has since long been shared by descendants in four families in equal shares. By custom females and persons claiming through females were excluded from receiving a share of the income and the income was distributed amongst the males descended in the male line. In original suit No. 27 of 1940 of the file of the Subordinate Judge, Chingleput, a scheme was framed for administration of the Durgah and the Masjid and a Board of trustees was appointed for that purpose. By the scheme, provision was made for distribution of the surplus income amongst the members o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC964; [1962]1SCR1
Ayyangar, J.1. This petition under Art. 32 has been filed impugning the validity of two notices of demand served on the petitioners requiring them to pay what has been compendiously described as 'coal tax' by the respondent, which is a Local Board constituted under the Central Provinces & Berar Local Government Act, 1948 (C.P. & Berar Act XXXVIII of 1948). The ground of challenge is that there was no legislative power for the levy of the tax and that consequently the fundamental rights of the petitioners under Art. 19(1)(f) and (g) are being violated. 2. It may be stated at the outset that the tax now impugned has been imposed by the local authority from March 12, 1935 and that the first occasion when its validity was attacked was in only 1957, though if the petitioners are right in their submissions their acquiescence might not itself be a ground for denying them relief. Before however we set out the points urged by the learned Attorney-General in support of the petition, it would be ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC954; [1962]1SCR44
Mudholkar, J.1. The petitioner in W.P. 241 of 1960, Messrs. Burrakur Coal Co., Ltd., and the petitioner in W.P. 242 of 1960, Messrs. East India Coal Co., Ltd., claim to have acquired mining rights in two blocks in Mouza Sudamdih and Mouza Sutikdih respectively situated in Dhanbad district in the State of Bihar. On July 28, 1960, the Central Government published a notification bearing no. S.O. 1927 under s. 4 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (no. 20 of 1957), stating its intention to prospect for coal in an area approximately five sq. miles which includes Sudamdih colliery and Sutikdih colliery. The petitioners have stated in their respective petitions that in consequence of the issue of the aforesaid notification they are precluded from carrying on any mining operations in the respective collieries and that the Central Government is entitled to acquire mining rights in the area covered by the notification within a period of two years from the date of no...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC849; [1961(3)FLR253]; (1961)IILLJ140SC; [1962]1SCR33
Das Gupta, J. 1. On February 20, 1958, there occurred in the Central Bhowra Colliery, in Dhanbad in Bihar an accident as a result of which 23 persons lost their lives. After an inquiry under s. 24 of the Mines Act, 1952, into the causes of and the circumstances attending the accident, and the publication of the report of the inquiry, a complaint was prepared by the Regional Inspector of Mines, Dhanbad, under the direction of the Chief Inspector of Mines, Dhanbad, before the Sub-Divisional Officer, Dhanbad, against the appellant for an offence under s. 74 of the Mines Act, 1952, for contravention of regulations 107 and 127 of the Coal Mines Regulations, 1957. The Central Bhowra Colliery belongs, and belonged at the relevant date to a private company, viz., M/s. Central Bhowra Colliery Co., Private Limited. The appellant is and was a shareholder and a director of this company. After the Sub-Divisional Officer took cognizance of the complaint and issued processes against him, the appellan...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1067; [1961]3SCR813
Shah, J.1. Of the premises relating to which this dispute arises - No. 5, Raja Rajkissen Street, Calcutta - the respondents are the owners and the appellant was a contractual tenant from June 15, 1917, till June 15, 1947, under three successive tenancies for 10 years each. Under the first tenancy, the appellant paid rent at the rate of Rs. 84-15-0 per months, under the second tenancy at the rate of Rs. 180 per month and under the third tenancy at the rate of Rs. 225 per month. The tenancy was in respect of buildings used for manufacturing 'tin canisters' and open land. On September 30, 1946, the Governor of Bengal issued the Calcutta Rent Ordinance, V of 1946, making certain provisions for control of rent of premises in the town of Calcutta. By s. 12 of the Ordinance, it was provided in so far as it is material that notwithstanding, anything contained in the Transfer of Property Act, the Presidency Small Cause Courts Act or the Indian Contract Act, no order or decree for the recovery o...
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