Court : Supreme Court of India
Reported in : AIR1964SC892; [1964]5SCR125
Subba Rao, J.1. This appeal by special leave is directed against the order of the Life Insurance Tribunal, hereinafter called the 'Tribunal', determining the dispute that was referred to it under s. 16 of the Life Insurance Corporation Act, 1956 (31 of 1956), hereinafter called the Act. 2. The appellant is a company duly incorporated under the Indian Companies Act, 1882, and the Insurance Act, 1938. Prior to December 1957, its registered office was at Ajmer, but now it is in Calcutta. It was a composite insurer carrying on life insurance and general insurance business. The Act was passed to provide for the nationalization of life insurance business in India by transferring all such business to a Corporation established for the purpose. The Act came into force on July 1, 1956. On September 1, 1956, under s. 3 of the Act the Central Government established a Corporation called the Life Insurance Corporation of India, hereinafter called the Corporation, which is the respondent in this appe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1636; (1966)IILLJ155SC
Gajendragadkar, J. 1. The short and initial question as to whether a Rule Nisi should be issued on the petition filed by the respondent Jyoti Prokash Mitter, a Judge of the Calcutta High Court, against the appellant the Chief Justice of the said High Court, has given rise to a difference of opinion amongst the Judges of the Calcutta High Court who have dealt with it By his petition, the respondent has claimed a writ in the nature of mandamus and/or appropriate directions, order or writs under Article 226(1) of the Constitution recalling the order passed by the appellant by which he has decided that the respondent has retired from his post as a Judge with effect from December 27, 1961. The respondent also claims an appropriate order or direction restoring to him his duties and functions as well as his rights and privileges as a Judge of the said High Court. This petition was filed by the respondent on January 2, 1962. B. N. Banerjee, J. who heard this petition held that it was not neces...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1120; 1964CriLJ269; [1964]4SCR932
Gajendragadkar, J.1. The detenu Makhan Singh Tarsikka whose Habeas Corpus petition has been dismissed by the Punjab High Court, has brought this appeal before us by special leave. It appears that on the 22nd October, 1962, F.I.R., was filed at the Police Station, Jandiala, alleging that offences under sections 307, 324, 364 and 367 I.P.C. had been committed by certain persons including the appellant. In pursuance of the investigation which commenced on receipt of the said F.I.R., the appellant was arrested on the 25th October, 1962. On the 26th October, 1962, Emergency was declared by the President. On the 1st November, 1962, the appellant was transferred to judicial custody of the Sub-Divisional Magistrate, Amritsar. Whilst the appellant was in jail custody, he was allowed to interview his friends and about nine persons interviewed him between 3rd November, to the 19th November, 1962. On the 20th November, 1962, an order of detention was passed against the appellant under rule 30 (1)(...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1964]5SCR121
Raghubar Dayal, J.1. Raj Kishore Tewari, appellant in this appeal by special leave, was occupying certain premises as sub-tenant of Susil Chandra Banerjee, under a registered lease dated April 10, 1954. His tenancy commenced from April 1, 1954. The rent fixed was Rs. 220 per mensem. Subsequently it was reduced to Rs. 205 by an agreement dated June 9, 1954. The tenancy was monthly. 2. Susil Chandra Banerjee was the tenant of Govindaram Bhansali from September 15, 1943, at a monthly rental of Rs. 153 plus certain other charges. On June 16, 1955, the landlord obtained a decree of ejectment against Susil Chandra Banerjee. In view of sub-s. (2) of s. 13 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 (Act XVII of 1950), hereinafter called the Act, the appellant became the tenant of the landlord after the determination of the tenancy of Susil Chandra Banerjee. 3. On March 19, 1957, the land-lord respondent gave a notice to the appellant asking him to deliver possess...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1964]5SCR105
Subba Rao, J.1. This appeal by special leave is directed against the judgment of the High Court of Judicature at Patna and raises mainly the question of the scope of the right of pre-emption under the Mohamedan law as applied by custom in Bihar.2. The facts lie in a small compass. On June 17, 1930, Chathilal Sah of Sahebganj, who was the owner of a house and two golas bearing holdings Nos. 184 and 185 situated in mahalla Sahebganj, executed a will bequeathing the said property to his daughter Parbati Kuer and nephew Ram Swarup in equal shares. Under the said will Ram Swarup was to get the entire property in case Parbati Kuer died unmarried or issueless. On July 18, 1940, Ram Swarup sold one-half of the said property to the plaintiff-respondent 1. On July 27, 1942, the plaintiff-respondent 1 acquired under a patta some lands adjoining the said property. On October 10, 1949, defendant 3 (respondent 3 herein), alleging to be the husband of the said Parbati Kuer, sold the remaining half of...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC585; 1965CriLJ496
M. Hidayatullah, J.1. The two appellants who have filed this appeal by special leave have been convicted under Section 329, Indian Penal Code and sentenced to a fine of Rs. 100/- each or in default of fine to suffer simple imprisonment for one month by the High Court of Calcutta after reversing their acquittal by the Additional Sessions Judge, Burdwan. Originally five named and sixteen un-named persons were charged under Sections 147,447,379 and 504/352, Indian Penal Code but the Magistrate 1st Class Katwa convicted me two appellants under Section 379, Indian Penal Code only. The charge under Section 379, Indian Penal Code against them was that on 13th and or 14th day of January 1958, they committed theft of fish by fishing in a tank called Nutan pukur in Kutalghosh mouza P.S. Mongolkote which was in the possession of the complainant Abanidhar Roy, the Respondent before us. Nutan pukur is a tank which with its banks and wet and dry portions measures about 7.21 acres. The water covers a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1625; 1964CriLJ590; [1964]5SCR86
Hidayatullah, J.1. This judgment will govern the disposal of Criminal Appeals Nos. 227 and 228 of 1960. In both these appeals the appellant is one Mohammad Ikram Hussain an Advocate of the Allahabad High Court residing in 49, Zero Road, Allahabad. The second respondent in these appeals is one Mahesh Prashad, a resident of 4, Gujrati Mohalla Allahabad City but who has not appeared in this Court. The other two respondents are the State of U.P. on whose behalf a belated appearance was made by Mr. C. P. Lal, Advocate and the Station House Officer, Kotwali, Allahabad who was not represented at the hearing. The two appeals are in a sense connected and impugn two orders of the High Court of Allahabad made respectively on August 26, 1960 and September 16, 1960. They were passed in a proceeding initiated by Mahesh under s. 491, Criminal Procedure Code and Art. 226 of the Constitution for a writ, order or direction in the nature of a writ of habeas corpus to release his alleged wife Kaniz Fatima...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC477; [1964]5SCR64
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 593 of 1963. Appeal by special leave from the judgment and order dated December 19, 1962, of the Madras High Court in Writ Appeal No. 157 of 1961. M.C. Setalvad, and R. Gopalakrishnan, for the appellant. G.S. Pathak, O.C. Mathur, J.B. Dadachanji and Ravinder Narain, for respondent No. 1. Ranganadham Chetty and A.V. Rangant, respondents Nos. 2 and 3. The Judgment of P.B. Gajendragadkar, K.N. Wanchoo, J.C. Shah, Ragubar Dayal JJ. was delivered by Gajendragadkar J. Subba Rao J. delivered a dissenting opinion. GAJENDRAGADKAR J.---The short question which this appeal raises for our decision relates to the limits of the jurisdiction of the High Court in issuing a writ of certiorari while dealing with. orders passed by the appropriate authorities granting or refusing to grant permits under the provisions of the Motor Vehicles Act, 1939 (hereinafter called 'the Act'). The State Transport Authority, Madras, (hereinafter referred to as Authority)iss...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC593; [1964]5SCR45
Sinha, C.J.1. This petition under Art. 32 of the Constitution arises out of the unfortunate difference which has a long history behind it, between two sections of the Calcutta High Court Bar. The four petitioners in the petition, as originally presented, are advocates duly enrolled in the Calcutta High Court (to be hereinafter referred to as the Court) between the years 1948 and 1952, and claim to be entitled to appear and plead in the said High Court in the exercise of its Original as well as Appellate jurisdictions. The respondents are; (1) the State of West Bengal, represented by the Chief Secretary, and (2) the Chief Justice of the Court.2. It appears that the petitioners generally practise in the Court in the exercise of its Original jurisdiction. In the year 1956 they were called to the English Bar by the Hon'ble Society of the Middle Temple in the Michaelmas Term. The petitioners duly notified to the Registrar, Original Side of the Court, to correct the register of advocates pra...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1541; 1964CriLJ468; [1964]5SCR37
Das Gupta, J.1. These seven appellants were tried by the Assistant Sessions Judge, Saran, on charges under s. 395 of the Indian Penal Code and also under s. 323 of the Indian Penal Code but were acquitted by him of both the charges. 2. The prosecution case was that on November 15, 1956 when Bhadai Sah, a businessman belonging to Teotith, within police station, Baikunthpur, was passing along the village road on his way to purchase Patua, the seven appellants armed with lathis surrounded him and demanded that he should hand over the monies he had with him. Bhadai had Rs. 250 with him but he refused to part with them. Kesho Singh one of the appellants tried to take away forcibly the currency notes from his pocket but Bhadai caught hold of his arm and raised an alarm. On this all the appellants assaulted him with their lathis and as he fell injured Kesho Singh took away the money from his pocket. Bhadai thereupon filed a petition of complaint in the Court of the Sub-Divisional Magistrate, ...
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