Court : Supreme Court of India
Reported in : AIR1964SC215; [1964]3SCR467
Raghubar Dayal, J.1. The facts leading to this appeal, by special leave, against the orders of the High Court of Punjab are these. Ram Charan obtained a decree for money against the Union of India (UOI) on January 6, 1955. The Union of India (UOI) presented an appeal on April 6, 1955, in the High Court. Ram Charan, the sole respondent, filed a cross-objection on July 31, 1955. On February 6, 1956 the High Court passed an order in connection with the surety bond. Ram Charan was represented at the proceedings. Ram Charan died on July 21, 1957. 2. On March 18, 1958 an application was presented to the High Court on behalf of the appellant under O. XXII, r. 4, read with s. 151, Code of Civil Procedure, stating that Ram Charan died on July 21, 1957, that the Divisional Engineer, Telegraphs, Ambala Cantonment, learnt of his death on February 3, 1958, and that the deceased had left as his legal representatives, an adopted son and a widow. It was prayed that these legal representatives be broug...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC173; 1964CriLJ132; [1964]3SCR442
ORDERWHEREAS, I am satisfied that Shri Bipul alias Mohan Chaudhri S/o Sri Bimala Charan Chaudhri of Sutarmura P. S. Bisalgarh should be detained with a view to preventing him/her from acting in any manner prejudicial to the defence of India and Civil defence, public safety, the maintenance of public order, India's relations with foreign powers and the maintenance of peaceful conditions in Tripura. 4. Now, therefore, in exercise of the powers conferred by Rule 30 of the Defence of India Rules, 1962 read with sub-rule (11) of Rule 2 of the aforesaid Rules and all other powers enabling in that behalf, I hereby direct that the aforesaid person be detained in the Central Jail at Agartala until further orders. Sd/-(S. P. Mukerjee)Chief Commissioner, Tripura.'5. By a subsequent order dated December 3, 1962, of the Chief Commissioner Tripura, the petitioner was transferred from Agartala Central Jail to Hazaribagh Central Jail. The order is in these terms : 'TRIPURA ADMINISTRATIONHOME DEPARTMEN...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1710; (1963)IILLJ349SC; [1964]3SCR456
Das Gupta, J.1. These two appeals raise a somewhat difficult problem as regards the grant of bonus to workmen of an industry operating not only in India but also outside this country. The appellants are the workmen of two Steamer Companies, the Indian General Navigation and Railway Co., Ltd., and the Rivers Steam Navigation Co., Ltd., which have for many years been operating jointly and are conveniently referred to as 'Joint Steamer Companies'. Disputes having arisen between these companies and their workmen on the question of bonus for the years 1949, 1950, 1951 and 1952, they were referred by the Government of West Bengal to the Industrial Tribunal, by two separate orders of reference, one in respect of the dispute for bonus for the years 1949 and 1950 and the other in respect of the years 1951 and 1952. 2. The Tribunal disposed of these two references by one common judgment and rejected the workmen's claim for bonus for all the four years. This order of rejection was confirmed by th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1217; [1964]3SCR425
Wanchoo, J.1. These two appeals on certificates granted by the Allahabad High Court raise common questions and will be dealt with together. It will be enough if we mention the facts in appeal No. 167, for the facts in the other appeal are exactly the same, except that the lands in dispute are different in the two cases, though lying in the same area in the city of Kanpur. 2. Deoki Nandan, appellant in appeal No. 167, is the lessee of two plots in Anwarganj, Bans Mandi, Kanpur, and his lease is for a period of 99 years from 1943. On these plots there exists a mill known as Om Cotton Ginning and Oil Mill. Besides the mill there are pacca godowns also on the plots and two-thirds of the area is under buildings while one-third is open land paved with bricks. No part of the land is waste or arable. 3. It appears that in February 1932 the Government of U.P. sanctioned by notification a scheme known as Pechbagh Dalelpurwa Scheme No. XX (hereinafter referred to as scheme No. XX) of the Improvem...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1677; [1964]3SCR410
Ayyangar, J.1. This is an appeal by special leave against the judgment of the High Court of Calcutta affirming the decision of a Single Judge of that Court refusing to set aside the award of an arbitrator dated May 27, 1955. 2. One Hemendra Nath Sen, father of the second appellant, died intestate in 1929 leaving his widow Premtarangini Debi and 8 sons. Respondents 1, 2, 3, 4, 6 and 7 are the brothers of the 2nd appellant. The 5th respondent is the widow of a deceased brother who died in 1933 while the 8th respondent is the wife of the 2nd respondent. The 1st appellant is the wife of the 2nd appellant. The parties were governed by the Dayabhaga School of Hindu law. Hemendra Nath left considerable properties and on his death disputes arose between his several heirs but an agreement dated January 31, 1933 these were settled. By then one of the sons the husband of the 5th respondent had died leaving a widow (the 5th respondent) and these viz., the widow, the 7 sons and the widowed daughter...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1964]3SCR358
Raghubar Dayal, J.1. Raja Kamlakar Singh of Shankargarh, U.P. took a lease from the District Board, Allahabad, with respect to the realisation of bayai and bazaar dues on the sale of commodities in the bazaar of Shankargarh. Bachchoo Lal was hi`s employee to collect these dues. On April 13, 1959, Bahadur Singh, a peon of the Raja Sahib, asked Shyam Lal Kurmi, P.W. 2, who had sold two bullock load of linseed to Mewa Lal, respondent 2, in that bazaar, to accompany him to the Munim in order to pay the bayai dues there. Mewa Lal asked Shyam Lal not to pay those dues. The peon, however, took Shyam Lal to Bachchoo Lal, appellant, at the grain godown. Mewa Lal, armed with a lathi, came there and on Bachchoo Lal's asking him as to why he was creating obstruction in the realisation of the dues, filthily abused him and threatened to break his hand and feet and kill him. Bachchoo Lal, thereafter, instituted a complaint against Mewa Lal, on obtaining sanction of the District Magistrate for prosecu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC350; [1964]3SCR382
Gajendragadkar, J.1. This appeal arises out of proceedings under the Land Acquisition Act, 1894 (No. 1 of 1894) (hereinafter called 'the Act'). The respondents owned an area of 0.12 acre of land in village Bermo No. 18 in the district of Hazaribagh. This land was required for the construction of Aerial Rope-way for Bokaro Thermal Power Plant, and so, in order to acquire the said land, a declaration under s. 4 of the Act was made on August 9, 1952. The property of the respondents which stands on this plot consists of two buildings, one is the main structure and the other is made up of out-houses together with an open space of land in front of these structures. The notification showed that the Government thought it necessary, to acquire a space of 50 ft in width for the electric wire to run over and this included a portion of open space as also the out-houses of the respondents. Under the proceedings taken under the relevant provisions of the Act, the Land Acquisition Officer fixed the c...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC328; [1964]3SCR397
Gajendragadkar, J.1. The three appellants, Darya Singh, Rasala and Pehlada, along with their brother Ratti Ram were tried by the learned Sessions Judge, Patiala, under section 302 read with s. 34 of the Indian Penal Code for having committed the murder of Inder Singh in the village of Petwar in the early hours of the morning of June 2, 1960. The learned Sessions Judge acquitted Ratti Ram, because he held that the case against him had not been proved beyond a reasonable doubt. He, however, convicted the three appellants and sentenced them to imprisonment for life. This order of conviction and sentence was challenged by the appellants by preferring an appeal before the Punjab High Court. The High Court agreed with the conclusion of the learned trial Judge and dismissed the appeal. The acquittal of Ratti Ram was challenged by the State but the State's appeal was dismissed and Ratti Ram's acquittal was confirmed. The appellants have come to this Court by special leave and on their behalf, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC524; [1964]3SCR363
Ayyangar, J.1. The proper construction of the vesting sections of the Bihar Land Reforms Act, 1950 (hereinafter called the Act), and in particular the scope of s. 6 thereof is the principal point that arises in this appeal which is before us on a certificate of fitness granted under Art. 133(1) by the High Court of Patna. 2. The plaintiffs are the appellants before us. The subject matter of the suit is a piece of land of about 14 bighas and 5 kathas in khata No. 741 in mauza Chaugain. The relief claimed in the suit was a declaration that the land referred to was the zeraiti land of the plaintiffs and that the persons who were impleaded as the defendants 1st and 2nd parties had no right or title thereto and for recovery of possession of the said land by dispossessing the defendants who were in actual possession thereof. There was also a claim to a decree for mesne profits for three years before the suit and for an enquiry into future profits under O. XX. r. 12 C.P. Code. We shall now st...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC170; [1964]3SCR289
Raghubar Dayal, J.1. This appeal, by special leave, is directed against the order of the High Court of Madhya Pradesh reversing, on State appeal, the order of the Additional Sessions Judge, Hoshangabad, acquiting the appellant, and convicting him of an offence under s. 414 I.P.C. 2. Five bales, containing woollen shawls and mufflers despatched from Kanpur by the British India Corporation Ltd., Kanpur Woollen Mills Branch, Kanpur, and another bale despatched from Haimanpur to Kanpur were loaded at Itarsi railway station on September 18, 1957, in Wagon No. C.R. 325. The lock of the wagon was found broken open at Pandhurna Railway Station at about 1.00 a.m. on September 20, 1957. On checking at Nagpur the aforesaid bales were found missing. One of the bales despatched from Kanpur was found lying the next morning near the railway line between railway stations Jaulkheda and Multai. 3. On September 23, 1957, the house of one Gopi Nath, at Multai, was searched and certain articles, including ...
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