Court : Supreme Court of India
Reported in : AIR1962SC232; (1963)IMLJ14(SC); [1962]3SCR391
Gajendragadkar, J.1. This appeal has been brought to this Court with a certificate issued by the Madras High Court under Article 133(1)(a) of the Constitution and it arises out of a suit (O. S. No. 83 of 1945) filed by the appellant the Andhra Bank Limited against the twelve respondents. This suit was based on two foreign judgments. Exs. P. 1 and P. 3, which has been obtained by the appellant against the said respondents in Hyderabad. Respondent 1 is the son of Raja Bahadur Krishnamachari (hereafter called Raja Bahadur) who died in March, 1943. Respondent 1 and his father were residents of Hyderabad. Raja Bahadur and practising as an advocate in Hyderabad and subsequently he was appointed the Advocate-General. In September, 1935, respondent 1 was indebted to the appellant in the sum of Rs. 14,876-3-7 in respect of an overdraft account. In May, 1938, he became indebted to the appellant in the sum of Rs. 8,217-11-6 in respect of his borrowings on a pledge of sanitary-ware goods. Raja Bah...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC429; [1962]44ITR362(SC); [1962]3SCR368
Hidayatullah, J.1. These are four appeals filed by the assessee Company (Karanpura Development Co., Ltd.) in respect of two assessment years, 1949-50 and 1950-51 and two chargeable accounting periods under the Business Profits Tax Act, January 1, 1948, to December 31, 1949. By these appeals, the assessee Company impugns the judgment of the High Court of Calcutta dated September 18, 1958, answering a common question 'whether on the facts and in the circumstances of the case, the sums received as salami by the assessee for granting sub-leases were trading receipts in its hands and the amount of profit therein is assessable under the Indian Income-tax Act' in the affirmative and against the assessee Company. The case was certified to this Court by the High Court under section 66A (2) of the Income-tax Act presumably also read with section 19 of the Business Profits Tax Act. 2. The facts of the case are as follows : In 1915, the Court of Wards representing the proprietor of the Ramgarh Est...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1810; [1962]3SCR412
P.B. Gajendragadkar, J.1. This appeal by a certificate issued by the Bombay High Court under Article 133(1)(a) of the Constitution arises out of a suit initially filed on the Original Side of the Bombay High Court (Suit No. 232 of 1951) by the Bombay Steam Navigation Co. Ltd. (hereafter called the B. S. N.), and the Eastern State Navigation Co. Ltd. (hereafter called the E. S. N.), against the respondent, the Union of India to recover a sum of Rs. 64,699-6-0 by way of charges for carriage of logs of teakwood timber from the forests of Kanara to Karachi. A further sum of Rs. 445-4-0 was also claimed for storage charges of the said logs at Marmagoa. This latter claim was given up at the time of the hearing of the suit. The B. S. N. then merged in the Scindia Steam Navigation Co. Ltd., and so the latter company came on the record in place of the B. S. N. This company is the first appellant before us. The E. S. N. was in liquidation and so its liquidations have joined the present litigatio...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338
Raghubar Dayal, J.1. This appeal, by special leave, raise the question whether a Customs Officer, either under the Land Customs Act, 1924 (Act XIX of 1924) or under the Sea Customs Act, 1878 (Act VIII of 1878), is a police officer within the meaning of that expression in section 25 of the Indian Evidence Act. 2. Barkat Ram, respondent in this appeal, was the engine driver of 78 Down Train which reached Amritsar at about 4-15 P. M., on June 8, 1957. The train came from Pakistan. In consequence of information received with respect to the smuggling of gold by the engine crew, the Land Customs staff boarded the engine at Attari and other staff of the Department surrounded the engine on its arrival at Amritsar. The engine was searched and a quantity of gold was recovered, having been found lying concealed underneath the coal in the front part of the coal tender in the engine. The respondent was further interrogated at the Customs Station and, as a result of further search, another quantity ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC690; (1962)ILLJ637SC; [1962]3SCR328
Sarkar, J.1. The appellant Payare Lal was the Tehsildar of Patiala. He and Bishan Chand, a Patwar clerk of the Tehsil Office, were prosecuted for offences under section 5(2) of the Prevention of Corruption Act, 1947. The Criminal Law Amendment Act, 1952 (Act XLVI of 1952), to which it will be convenient hereafter to refer as the Act, required the trial to be held by a special Judge appointed under it and in accordance with certain provisions of the code of Criminal Procedure mentioned in section 8 of the Act. The Principal question in this appeal turns on the construction of sub-section (1) of this section which we will later set out. 2. The trial commenced before S. Narinder Singh the special Judge, Patiala. He heard the evidence but before he could deliver a judgment he was transferred and was succeeded by S. Jagjit Singh. S. Jagjit Singh did not recall the witnesses and hear the evidence over again, but proceeded without any objection from either side, with the trial from the stage ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1261; [1961(3)FLR305]; (1961)IILLJ383SC
K.C. Das Gupta, J.1. The only question that arises for consideration in this appeal by the State Bank of India is as regards the effect of Para 292 of the Bank Award, as modified, on the respondent, Parkash Chand Mehra. This respondent entered the Bank's service on February 20, 1943--it was then the Imperial Bank of India. On January 31, 1950 he was getting a salary of Rs. 86 per month. On April 1, 1954 he was employed at the Abohar Branch of the Imperial Bank; and on May 15, 1954 he was transferred to Amritsar. Under the classification in the Bank Award, Abohar was a class IV area while Amritsar was a class II area. On the basis that Abohar was a class IV area the respondent's salary was fixed by the Bank on April 1, 1954 at Rs. 112 per month; and on his transfer to Amritsar--a class II area, in consideration of his length of service, he was given three increments and his salary was fixed at Rs. 133 per month. The Respondent's case is that he was entitled to three increments over Rs. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1410; [1961(3)FLR369]; (1961)IILLJ380SC
K.C. Das Gupta, J. 1. This appeal by special leave is by the Management of Pakshiraja Studios against the Award in an industrial dispute regarding bonus. The employees based their claim on the total profits of the working of the Studios, taking into account both the strictly studio line and the line of picture production. This was resisted by the Management, whose contention is that the 'studio' business is totally distinct from the business of production and distribution of pictures, and that the employees who have claimed bonus having no connection with the business of production and distribution of pictures their claim must be considered on the results of the working of the strictly studio business alone. It was the common case of the parties that if the results of the working of the studio line alone are considered, the employees were not entitled to any bonus; but if the total results of the entire working of the Pakshiraja Studios, including both the Studio working and the produc...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC201; [1962]3SCR305
S.K. DAS, J. 1. This is a writ petition on behalf of the Bihar State Mukhtars' Association, Patna and the Vice-President and the General Secretary thereof. The petition has been heard ex-parte as there has been no appearance on behalf of the Chief Justice and Judges of the Patna High Court who were cited as respondents to the petition. 2. The petitioners contend that certain rules of the Patna High Court made as far back as 1922 under section 11 of the Legal Practitioners Act, 1879 (Act XVIII of 1879), hereinafter referred to as the Act, in respect of the functions, powers and duties of Mukhtars practising in the subordinate courts are now invalid and void, because they contravene the fundamental right of the petitioners guaranteed under Article 19(1)(g) of the Constitution of India and are not saved by clause (6) thereof. The petitioners have, in particular, challenged the validity of rule 2 made by the said High Court under section 11 of the Act and incorporated in Chapter III, Part ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC247; [1962]3SCR313
Subba Rao, J.1. This appeal by special leave is preferred against the judgment of a division bench of the Circuit Bench of the Punjab High Court at Delhi confirming that of a single Judge of that High Court issuing a writ of mandamus against the Union of India directing to restore possession of the flat requisitioned by the said Government to the respondents. 2. One Babu Ram was the owner of Flat No. 5, Aggarwal Building, Connaught Circus, New Delhi; respondents 1 to 6 are his sons and widow. By an order dated April 14, 1943, the Government of India requisitioned the said flat under rule 75-A (1) of the Defence of India Rules for a period of one year from April 15, 1943 to April 14, 1944. The said flat was put in the occupation of one Hardie of the Indian National Airways. The period of requisition was extended from time to time, and finally by an order dated April 2, 1946, the flat was requisitioned from April 15, 1946, until further orders of the Central Government. After Mr. Hardie ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC171; [1962]32CompCas414(SC); [1961(3)FLR307]; (1961)IILLJ385SC; [1962]3SCR269
Ayyangar, J. 1. Civil Appeal No. 154 of 1961 has been filed on special leave obtained from this Court against an order of K. T. Desai, J., functioning as the National Industrial Tribunal (Banks Disputes) Bombay dated October 31, 1960. The point arising for decision in the appeal is as regards the constitutional validity of section 34A of the Banking Companies Act, 1949 which was enacted on August 26, 1960 as an amendment to the parent Act (Act X of 1949). The appellant before this Court is the All India Bank Employee's Association which is a trade union organization of Bank Employees of several banks operating in India. The Punjab National Bank Employee's Union, which is a trade union with similar objects has been permitted to intervene in this appeal in support of the appellant union. The three other Writ Petitions are by other Bank Employees' Unions whose description would be apparent from the cause title and all these cases have been heard together because in the writ petitions also...
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