Court : Supreme Court of India
Reported in : AIR1965SC1916; [1965]3SCR168
Shah, J. 1. Venkatarama Iyengar, Kasthuri Iyengar and Ranga Iyengar, residents of thevillage Kariamanikam in Tiruchirappalli District, with the aid ofcontributions, subscriptions and donations set up a Samaradhanai Fund forfeeding Brahmin pilgrims attending Sri Venkatachalapathiswami shrine at villageGunaseelam on the occasion of Rathotsavam festival. Between the years 1936 and1940 seven acres of land were purchased for Rs. 10,500 to provide a permanentincome for the Fund. It was found that the expenses incurred for theRathotsavam festival did not exhaust the entire income and the balance wasutilised for Vanabhojanam in Kariamanikam village in the month of Kartigai andon the Dwadesi following Vaikunta Egadesi day. 2. The President, Hindu Religious and Charitable Endowments Board, sought tolevy for the years 1351 to 1354 Falsi contributions under s. 69 of Madras Act 2of 1927 in respect of the Fund. But in Suit No. 297 of 1947 of the file of theDistrict Court at Tiruchirappalli that clai...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1755; 1966(0)BLJR91; [1965]3SCR145
Wanchoo, J.1. This is an appeal on a certificate granted by the Patna High Court. The respondent sued the Union of India as representing G.I.P. Railway, Bombay and E.I.R. Calcutta for recovery of damages for non-delivery of 31 bales of piece goods, out of 60 bales which had been consigned to Baidyanathdham from Wadibundar. This consignment was loaded in wagon No. 9643 on December 1, 1947. It is not in dispute that the consignment reached Mughalsarai on the morning of December 9, 1947 by 192 Dn goods train. After reaching Mughalsarai, the wagon was kept in the marshalling yard till December 12, 1947. It was sent to Baidyanadham by 214 Dn goods train from Mughalsarai at 6-40 p.m. on December 12, 1947 and eventually reached Baidyanathdham on December 21, 1947. The respondent who was the consignee presented the railway receipt on the same day for delivery of the consignment. Thereupon the railway delivered 29 bales only to the respondent and the remaining 31 bales were said to be missing a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1919; [1965]57ITR790(SC); [1965]3SCR130
Raghubar Dayal, J.1. This appeal, by special leave, raises the question whether Zamindari Abolition Compensation Bonds (shortly termed Bonds) issued by the U.P. Government to intermediaries in payment of compensation payable on the basis of their rights under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act 1 of 1951), hereinafter referred to as the Act, have to be accepted by the appropriate authorities in payment of the agricultural income-tax due from them.2. The facts leading to the appeal, in brief, are that the respondent, an ex-Zamindar, was assessed to agricultural income-tax in the assessment year 1360 F. corresponding to 1952-53, on the basis of the agricultural income accruing in the previous year 1359 F. corresponding to 1951-52. He did not pay the assessed tax and was further assessed to a penalty. In the result, Rs. 868 were to be paid by him for tax plus penalty.3. The respondent's writ petition contending that he was not liable to pay tax was d...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC269; (1966)IILLJ595SC; 1966MhLJ46(SC); [1965]3SCR135
Gajendragadkar, C.J.1. The short question of law which arises in this appeal is whether theappellant, the State of Bombay (now Maharashtra), shows that its predecessorState of Madhya Pradesh (hereinafter called the Government) had given areasonable opportunity to the respondent, Narul Latif Khan, to defend himselfbefore it passed the final order on June 6, 1952 compulsorily retiring himunder Article 353 of the Civil Service Regulations. By this order, therespondent was compulsorily retired and in relaxation of Art. 353, TheGovernment was pleased to allow the respondent to draw a compassionateallowance equal to the pension which would have been admissible to him had hebeen invalidated. 2. This order was challenged by the respondent by filing a suit in the Courtof the first Additional District Judge at Nagpur. In his plaint, the respondentalleged that the impugned order whereby he was compulsorily retired, wasinvalid and he claimed a declaration that it was ultra vires and inoperative.He...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1651; 1965CriLJ686
J.C. Shah, J. 1. In an action for compensation for false imprisonment the Subordinate Judge, Lower Assam District, granted to the respondent Ajoy Kumar Mukherjee a decree for Rs. 5,000. In appeal the High Court of Assam confirmed the decree. With certificate granted by the High Court under Art. 133(1)(c) of the Constitution, this appeal is preferred.2. In March 1950 in the district of Kamrup, State of Assam, there were communal disturbances resulting in rioting and arson. The appellant was at the material time Sub-Divisional Officer of the Barpeta Sub-Division and also held the office of Sub-Divisional Magistrate. A. C. Bhattacharjee was the Deputy Commissioner of the District and held the office of District Magistrate and B. R. Chakravarty was the Circle Inspector of Police at Barpeta. The respondent Ajoy Kumar Mukherjee owned an extensive agricultural estate within the Barpeta Division. On March 17, 1950 at about 10-30 p.m. the respondent was arrested by the Circle Inspector of Polic...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1970; [1965]3SCR122
Bachawat, J.1. The first respondent, Seetharamamma, is a Brahmin woman. She was marriedto one Ramakrishnayya. During the life-time of her husband she became theconcubine of one Lingayya, a Sudra by caste. From 1938 until the death of Lingayyain February, 1948, she was the permanently kept concubine of Lingayya, andlived with him. During this period and thereafter, she preserved sexualfidelity to Lingayya. The second, third and fourth respondents are the sons ofthe first respondent by Lingayya. The husband of the first respondent is stillalive. The appellants are the brothers and brothers' sons of Lingayya. Lingayyawas separate in estate from his brothers and brothers' sons. The parties areresidents of Choragudi, Bapatla, now in Andhra Pradesh and governed by theMitakshara school of Hindu law. In the plaint, as originally filed, therespondents claimed that they were exclusively entitled to the estate left byLingayya. The Subordinate Judge and the High Court found that as the firstrespon...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1570
R.S. Bachawat, J.1. The institution popularly known as Kunnakudi Melamatam alias Annathana Matam was founded more than 80 years ago by Sri La Sri Maunanandaswami, with the object of feeding and rendering relief to poor pilgrims visiting Kunnakudi. The institution was managed by Maunanandaswami during his life-time and thereafter by his successors, Annamalai, Nityanandaswami, Fooranananda and Ganapathiswamigal. By his will dated December 12, 1935, Ganapathiswamigal named Muthuramalingam and Nityanandaswami (II) as his successors. Muthuramalingam now claims to be the sole de facto and de jure trustee of the institution. There are four Samadhis inside the Matam premises. A Lingam is said to be over the Samadhi of the founder, and there are idols of Vinayagar on either, side of the Samadhi. There is an idol of a Nandi over another Samadhi.2. The Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927) came into force on February 8, 1927. Section 9(7) of the Act defines 'Math' as...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1679; [1965]35CompCas464(SC); [1965]3SCR103
The Judgment of Raghubar Dayal, Bachawat and Ramaswami, JJ. was delivered byBachawat, J. Mudholkar, J. delivered a separate Judgment.Bachawat, J.1. The appellants carrying on business at Raha in Nowgong District haddealings with the respondents, carrying on business at Gauhati. As a result ofthe said dealing, the appellants were indebted to the respondents in a sum ofRs. 9,447-4-9. In order to satisfy the dues of the respondents, the appellantssent to the respondents a cheque for Rs. 9,461-4-0 dated August 31, 1948. Thecheque was drawn by a third party, Messrs. Nathuram Jaidayal of Sibsagar on theTripura Modern Bank, Sibsagar Branch, in favour of the appellants, who endorsedit to the respondents. On September 4, 1948, the respondents sent the cheque totheir bankers, the Calcutta Commercial Bank, Gauhati for collection. On thesame day, the Calcutta Commercial Bank, Gauhati sent the cheque to the TripuraModern Bank, Sibsagar for encashment. The Tripura Modern Bank, Sibsagar debitedthe ac...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC40; 1966CriLJ68; [1965]3SCR86
Subba Rao, J.1. Sahoo, the appellant, is a resident of Pachperwa in the District of Gonda. He has two sons, Badri and Kirpa Shanker. He lost his wife years ago. His eldest son, Badri, married one Sunderpatti. Badri was employed in Lucknow, and his wife was residing with his father. It is said that Sunderpatti developed illicit intimacy with Sahoo; but there were incessant quarrels between them. On August 12, 1963, during one of those quarrels, Sunderpatti ran away to the house of one Mohammed Abdullah, a neighbour of theirs. The appellant brought her back, and after some wordy altercation between them they slept in the only room of their house. The only other inmate of the house was the appellant's second son, Kirpa Shanker, a lad of about 8 years. On the morning of August 13, 1963, Sunderpatti was found with serious injuries in the room of the house where she was sleeping and the appellant was not in the house. Sunderpatti was admitted in the Sadar Hospital, Gonda, at 5.25 p.m. on tha...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1692; (1965)67BOMLR807; 1965MhLJ609(SC); [1965]3SCR91
Raghubar Dayal, J. 1. There is a temple known as Shri Chandraprabhu Khandelwal Jain Temple atDhulia. Gulabchand Hiralal, father of appellant Hukumchand Gulabchand Jain, aleading member of the Khandelwal Jain Community at Dhulia, looked after thetemple for over 40 years till his death sometime in 1950. The appellant lookedafter it after his father's death. To members of the community interested inthe temple, help to be a public temple, instituted the suit against theappellant and the Charity Commissioner, Bombay, praying for the removal of theappellant from possession of the trust properties, for the rendering of trueand faithful accounts of all the assets and income of the trust property andfor the framing of the scheme for the administration of the trust. It wasalleged in the plaint that the appellant's father was maintaining all accountsof income and expenditure concerning the temple and that the funds of thetemple were many times advanced at interest and that the temple had come toh...
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