Court : Supreme Court of India
Reported in : AIR1965SC939; 1965CriLJ31
R.S. Bachawat, J.1. Thurukanni Pompiah, Siddaiah, Singapurada Hussaini and Nitravatti Rudramuni were charged under Section 302 of the Indian Penal Code with the offence of murdering Ullegadde Eranna on September 29, 1961 at about 11 A. M. on the road from Kampli to Shanapur at a distance of about a mile. The Sessions Judge, Bellary convicted all of them of an offence under Section 325/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years. All the four accused as also the State preferred separate appeals. The High Court allowed the appeals of Siddaiah and Rudramuni, set aside their conviction and sentence and acquitted them. The appeals of Pompiah and Hussaini were dismissed. The appeal by the State was allowed in part, the conviction of Pompiah and Hussaini was altered into one under Section 326/34 of the Indian Penal Code, and in lieu of the sentence imposed by the Sessions Judge, they were sentenced to undergo rigorous imprisonment for a peri...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC932; [1965]1SCR323
Ayyangar, J.1. These seven appeals are connected as they relate to the same appellant and the point involved in each is identical. They are before us by virtue of special leave granted by this Court and are directed against the common judgment of the Indore Bench of the High Court of Madhya Pradesh convicting the appellant of a contravention of the Indian Iron & Steel (Scrap Control) Order, 1943. 2. The accused, the appellant before us, was the President of the Scrap Dealers Association at Indore and he was prosecuted before the learned Additional City Magistrate, Indore City in seven sets of criminal cases filed by the State of Madhya Pradesh alleging contravention of s. 8(4) of the Iron & Steel (Scrap Control) Order, 1943 by selling or causing to be sold scrap iron to different customers on different dates at a rate higher than was authorised by notification dated September 30, 1952 issued by the Steel Controller under the said order. He was acquitted by the Additional City Magistrat...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1269; [1965]1SCR316
Wanchoo, J.1. This is an appeal by special leave against the judgment of the Mysore High Court in an election matter. An election was held to the Bangalore South (Scheduled Castes) constituency in February 1962. Four persons stood for election including the appellant and Munichinnappa respondent No. 1, who obtained the highest number of votes and was declared elected. The appellant then filed an election petition challenging the election of respondent No. 1 on a number of grounds. In the present appeal we are concerned only with one ground, namely, that respondent No. 1 was not a member of any of the scheduled castes mentioned in the Constitution (Scheduled Castes) Order, 1950 (hereinafter referred to as the Order.) Respondent No. 1 claimed that he belonged to the scheduled caste listed as Bhovi in the Order. The appellant on the other hand contended that respondent No. 1 was a Voddar by caste and that Voddar was not a scheduled caste specified in the Order and consequently respondent ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1349
N. Rajagopala Ayyangar, J.1. This appeal by special leave raises for consideration an interesting but, by no means, easy question of Hindu Law as regards the rights of a disqualified heir and in particular whether a disqualified heir who, in this case, was congenitally a deaf-mute becomes by birth a coparcener with his father, so that the ancestral family properties vest in him as sole surviving coparcener, on the death of his father without other male issue.2. The facts of the case are not very material but are being set out merely to appreciate how the question arose. One Pappachari died in 1928, leaving behind him his widow--Sornammal, four daughters and a deaf-mute son Moogi Puttuswami. This son married Kamalammal who is the third defendant in the suit out of which the appeal arises. Puttuswami died in 1949 leaving behind him his widow Kamalammal and a miner daughter--Subbulakshmi, the fourth defendant in the suit. It is now common ground that the properties which are now in disput...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC926; 1965(0)BLJR399; [1965]1SCR293
Raghubar Dayal, J.1. This appeal, by special leave, raises the question whether a person who seizes cattle illegally, purporting to act under s. 10 of the Cattle Trespass Act, 1871, hereinafter called the Act, commits the offence of theft or robbery or not. The question arises in this way. 2. On the morning of November 28, 1957, a number of cattle belonging to several persons, including Shamnarain Singh, were observed by a number of persons, including Rambnandan Singh and Ram Rattan alias Ratan Ahir, grazing in a Kurthi field about which there was a dispute between the authorities of the Basic school and Shamnarain Singh each of them claiming the field. Ramnandan Singh and others seized those cattle and proceeded to take them to the pound at village Tilauthu. These persons were armed with sharp-edged weapons and lathis. 3. The report of the seizure of the cattle reached Shamnarain Singh and other people in the village. A number of people, variously armed, started from the village to re...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1263; [1965]35CompCas251(SC); [1965]55ITR699(SC); [1965]1SCR307
Sikri, J. 1. This judgment will dispose of 12 appeals from the judgments of the High Court of Bombay, dated March 17, 1958, whereby the High Court answered the questions referred to it partly in favour of the assessee and partly in favour of the department. The four questions answered by the High Court are : '1. Whether the initiation of action under section 34 for the purpose of bringing to tax the net dividend income of Rs. 579 (suitably grossed) was valid 2. Whether the said `P. portion of the dividend income' forms part of the assessee's total income as that term is defined in section 2(15) of the Indian Income-tax Act, 1922 3. Whether, having regard to the provisions of the Indo-Pakistan Agreement, the assessee is entitled to any `relief' on the said `P. portion of the dividend income' 4. D. Whether the other moiety of the dividend of Rs. 1,71,992 declared by the company on October 14, 1952, is properly includible in the total income of the assessee of the previous year S. Y. 2...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1260; 1965CriLJ266; (1965)GLR758(SC); [1965]1SCR287
Subba Rao, J. 1. This appeal by special leave raise an interesting question involving the construction of s. 34, read with s. 301 of the Indian Penal Code. 2. The appellants who are 11 in number were accused Nos. 1 to 10 and 12 in the Sessions court, Mehsana. The case of the prosecution may be stated thus : In the village of Aithor there are about 300 houses of Kadva Patidars and about 15 to 20 houses of Leva Patidars. On January 16, 1961, at about 8 p.m. seven persons, who are Leva Patidars, came to the chowk where there is a pan shop cabin of Girdhar Shanker. These seven persons were, Rama Bhupta, Lakha Madha, Hira Punja, Jetha Nagar, Parshottam Prabhuva, Manor Madha and Gova Shiva. At the same time the 12 accused also came to that place. Accused 1 to 6 were each armed with a muzzle loading gun; accused 7, 8, 11 and 12 were armed with sticks; accused 9 and 10 were armed with dharias. Accused 1 to 4 fired their guns and Rama Bhupta fell down and died near the door of the cabin of Gird...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1966]59ITR733(SC)
Sikri, J. 1. This is an appeal by special leave granted by this court on November 5, 1962, and arises in the following circumstance. The appellant filed a return showing an income of Rs. 78,350 for the assessment year 1954-55. The Income-tax Officer in this assessment order dated February 26, 1958, did not accept the trading accounts and added Rs. 75,000. He came to the conclusion that the profits disclosed in comparison with the earlier year were to low and there were no day- to-day stock details for the purpose of verification. Another factor which he took into consideration was the ridiculously small withdrawals for personal expenditure in the partners' accounts. Shri R. S. Sanghvi had only withdrawn Rs. 6,900 and shri C. T. shah had only withdrawn Rs. 6,300. 2. The assessee appealed to the Appellate Assistant Commissioner, who by his order dated October 16, 1958, accepted the appeal and deleted the addition of Rs. 75,000 but as the closing stock of Eveready torches was under-valued...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1966]59ITR728(SC)
Subba Rao, J. 1. This appeal by certificate is directed against the judgment of the High Court of Judicature of Andhra Pradesh and raises the within the meaning of the Hyderabad Agricultural Income-tax Act, 1950 (XIII of 1950). 2. The following genealogy will be useful to appreciate the contentions raised by the parties. Maharaja Sir Kishen Pershad| (d. in 1940)----------------------------|-----------------------| | |Khaja Pershad Sultan Kunwar Bibi Kishen Kunwar(d. 25-12-1943) | Bibi| |----------------------------- || | |Raja Ratan Gopal Raja Prem Gopal |||-----------|---------| |Raja Chamanlal RajaNarenderlal3. After the death of Maharaja Kishan Pershad in 1940, his son, Raja Khaja Pershad, succeeded to his estate and he died on December 25, 1943. On the recommendation of a special commission appointed to ascertain the heirs of Raja Khaja Pershad, His Exalted Highness the Nizam of Hyderabad issued a firman dated December 12, 1948. Under that firman, Raja Ratan Gopal, Raja prem Gopal,...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC995
J.C. Shah, J.1. The appellants are lessees of a plot of land No. 1A, Cornfield Road in the town of Calcutta Bharat Sevashram Sangha (hereinafter called 'the Sangha') a society registered under the Societies Registration Act, 21 of 1860 with its head office at 211, Rash Behari Avenue, Calcutta formed for the purpose of carrying on religious, philanthropic and charitable activities submitted an application on October 20, 1954 to the Government of West Bengal to acquire 12 cottas ft land out of Plot No. 1-A, Cornfield Road, alleging that the land was required by the Sangha 'for efficient running and expansion of a charitable dispensary' of the Sangha. A notification under Section 4 of the Land Acquisition Act, 1894 was issued by the Government of West Bengal on December 9, 1954 declaring that 'for the purpose of extension of the charitable dispensary in the interest of the suffering public' a piece of land comprising a portion of premises No. 1-A, Cornfield Road, and measuring 0.1963 of a...
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