Court : Supreme Court of India
Reported in : AIR1964SC24; (1964)66BOMLR137; [1964]1SCR885
Gajendragadkar, J. 1. The short question which this appeal raises for our decision is whether the appellant Shankar Narayan Ranade has established his title to the running water of the river Valdevi which runs through his Inam village Vadner. The said village had been granted to the ancestors of the appellant by the Peswa Government in 1773 A.D. This grant was continued by the British Government when the British Government came in power. The river Valdevi has its origin in the hills of Trimbak and from those hills it flows to Vadner and then to Chehedi where it joins the river Darna and thus loses its individuality. The total length of the is river is about 25 miles, while its length within the limits of Vadner village is about 2 miles 82 furlongs. The Darna river after its conjunction with Valdevi proceeds towards Sangvi and there is merged with Godavari river : The appellant is one of the sharers in the Inam village of Vadner and he brought the present suit No. 12/1950 in the Court o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1591; [1963(6)FLR348]; (1963)ILLJ270SC; [1964]1SCR860
Shah, J.1. The first petitioner is a private limited Company incorporated under theIndian Companies Act, 1913 and the second petitioner is a Director of theCompany. The Company maintains 23 establishments for manufacturing bidis in theDistrict of Nasik, Poona and Ahmednagar in the State of Maharashtra. A largemajority of these establishments are borne on the registar of factoriesmaintained by the Chief Inspector of Factories under the Factories Act, 63 of1948. Craftsmen called rollers, attend these establishments and prepare bidis,using materials supplied by the Company. The establishments remain open during specifiedhours but the rollers are not bound to attend for any fixed period; a rollermay come to and leave the establishment according as is convenient to him, andhe is paid for the bidis turned out by him according to a fixed tariff. Itappears that this is the accepted modus of work in bidi establishments in theMaharashtra region. These establishments were, it was held by the Bomb...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1964CriLJ733; [1964]1SCR852
Shah, J. 1. The first appellant - Sekander Sheikh - was charged in a trial heldbefore the Additional Sessions Judge, Murshidabad, in the State of West Bengal,for the offences of forging a valuable security punishable under s. 467 I.P.Code and of falsely personating another in such assumed character andpresenting a document for registration punishable under s. 82(c) of IndianRegistration Act. The second appellant - Hasibuddin Sheikh - was charged withabetment of these offences. The trial for the offences of forging a valuablesecurity and abetment thereof was held by the Sessions Judge sitting with ajury and for the offences under the Registration Act without a Jury. The jurybrought in a verdict of guilty by a majority of 4 to 3 against the appellantsfor the offences of forging a valuable security and abetment thereof, but theJudge did not accept the verdict and made a reference under s. 307 of the Codeof Criminal Procedure to the High Court of Calcutta, because in his view therewas 'abs...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1963]50ITR1(SC)
SARKAR J. - These are two appeals arising out of two assessment orders made under the Income-tax Act, 1922, respectively for the years 1945-46 and 1947-48. In each assessment case there was a reference of certain questions to the High Court of Madhya Pradesh under section 66 of the Act and the present appeals are against the High Courts answers to these questions.The assessee is a trader carrying on two businesses, namely manihari (general merchandise) and bidis. He had also certain income from property but with this income we are not concerned in these appeals. For each of the assessment years concerned, the assessee had submitted a return but as his accounts were not found complete and reliable, the Income-tax officer had assessed the gross profits of the businesses on the basis of certain percentages of the total sales which had also to be fixed by estimates. No question arises in these appeals as to the correctness of these assessments.Subsequently, while dealing with the assessmen...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1470; (1963)65BOMLR669; 1963CriLJ403; [1964]1SCR830
Raghubar Dayal, J.1. This appeal, by special leave, is against the order of the High Court of Bombay allowing the State appeal and convicting the appellant of the offence under s. 5 of the Imports and Exports (Control) Act, 1947, hereinafter called the Act, for having contravened the Imports (Control) Order, 1955, hereinafter called the Order, and sentencing him to three months' rigorous imprisonment and a fine of Rs. 2,000/-. 2. The appellant was the Chairman of the Malegaon Powerloom Sadi ., hereinafter called the Association. There were six other members of the Association. All the members were powerloom weavers. The appellant, as Chairman of the Association, applied for and obtained the licence dated January 2, 1956, for the import of certain quantity of art silk yarn by the Association. The licence was issued subject to the condition that the goods would be utilised only for consumption as raw material or accessories in the licence-holders' factory and that no portion thereof woul...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC377; [1963]33CompCas783(SC); [1964]1SCR842
Mudholkar, J. 1. This is an appeal by a certificate granted by the Patna High Courtallowing the appeal preferred before it by the defendants 1 and 2 anddismissing the claim of the plaintiff Bank (the appellant before us) for a sumof Rs. 35,000/-. 2. According to the Bank, defendants 1 and 2 carried on business at BiharSharif under the name and style of Messrs. Jogilal Prabhu Chand. On February17, 1941, they executed a cash credit agreement in favour of the Bank underwhich cash credit facilities were sanctioned up to a limit of Rs. 50,000/-against cloth bales on certain terms. Under that agreement a sum of Rs.15,000/- was advanced to the Firm on that very day. On August 28, 1947, theFirm executed a promissory note in favour of the Bihar Sharif Branch of theBank for Rs. 50,000/- and approached the Manager for immediate advance of Rs.35,000/- as they required that amount for paying the price of certain clothallotted to them by M/s. Manohardas Jainarain, wholesale dealers of Patna. Thenacc...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1626; [1964]1SCR809
Subba Rao, J.1. This appeal by special leave is directed against the judgment of adivision Bench of the High Court of Judicature for Madras confirming that asingle Judge of that Court allowing the petition filed by the respondent underArt. 226 of the constitution and quashing the order made by the State TransportAppellate Tribunal granting a stage carriage permit to the appellant for theroute Tanjore-Mannargudi via Vaduvoor. 2. The facts relevant to the question raised may be briefly stated. TheRegional Transport Authority, Tanjore, called for applications in respect ofthe issuing of a stage carriage permit for the route Tanjore-Mannargudi viaVaduvoor. 11 persons applied for the permit. The Regional Transport Authority,adopting the marking system prescribed in G.O.Ms. No. 1298 (Home) dated April28, 1956, awarded marks to different applicants : the appellant not the highestnumber of marks, viz., 7, and the first respondent got only 4 1/4 marks, withthe result the appellant was preferred...
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