Court : Supreme Court of India
Raghubar Dayal, J. 1. Krishnamurthy @ Krishnan was convicted by the III Presidency Magistrate, Saidapet, Madras, of the offence under s. 4(1) of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act 104 of 1956), hereinafter called the Act, and was sentenced to nine months' rigorous imprisonment, though he was charged with an offence under s. 3(1) of that Act. He appealed against his conviction to the High Court. The State Government appealed to the High Court against the acquittal of the appellant of the offence under s. 3(1) of the Act. The High Court dismissed the appellants' appeal but allowed the State appeal and altered the appellant's conviction to one under s. 3(1) of the Act and sentenced him to two years' rigorous imprisonment and a fine of Rs. 50/- as he was a second offender. It is against this order of the High Court that the appellant appeals, by special leave. 2. The prosecution case, briefly, is that the Assistant Commissioner of Police (Vigilance), P.W. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC547; [1967]1SCR543; [1967]19STC13(SC)
Bhargava, J. 1. This appeal under special leave granted by this Court arises out ofproceedings for assessment of sales-tax under the Bombay Sales Tax Act III of1953. Messrs. Kailash Engineering Co. (hereinafter referred to as 'therespondent') was an engineering concern having their workshop at Morvi onthe meter gauge section of the Western Railway. They obtained a contract fromthe Western Railway Administration for construction of III class passengercoaches on certain conditions described as the conditions of tender. Under thatcontract which was reduced to writing and was described as an agreement, therespondent constructed three coaches and submitted a bill which was properlycertified in accordance with the agreement by the Railway Administration onOctober 4, 1958. The net value of the work done by the respondent was certifiedat Rs. 1,22,035/-. After receipt of this money, the respondent wrote to theAdditional Collector of Sales Tax requesting him under s. 27 of the BombaySales Tax Ac...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC459; (1967)IILLJ576SC; [1967]1SCR499
Wanchoo, J.1. These twenty-one appeals (eleven by special leave and ten on certificates granted by the High Court) arise from the judgment of the Assam High Court and will be dealt with together, as they raise common questions. We shall therefore set out the facts of one case relating to Kripanath Sarma in C.A. 950. 2. In the year 1947 the Assam Legislature passed an Act known as the Assam Primary Education Act, No. XIII of 1947, in order to provide for development of primary education in the State. That Act was repealed by the Assam Basic Education Act, No. XXVI of 1954 (hereinafter referred to as the 1954-Act) which was passed to provide for development, expansion, management and control of basic education and with a view to introduce gradually universal, free and compulsory basic education in the State. The 1954-Act provided for a State Advisory Board for Basic Education (hereinafter referred to as the State Advisory Board). It further made provision for the constitution of Regional...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC528; 1967CriLJ528; [1967]1SCR520
Bhargava, J.1. This appeal filed under certificate granted by the High Court at Allahabad is directed against on order passed by that Court dismissing a revision application by which the appellant, M. L. Sethi, desired the vacation of an order passed by the Sessions Judge of Saharanpur upholding two orders of the Additional District Magistrate (Judicial), Saharanpur, dated 6th August, 1963 and 5th October, 1963. By these orders, the Magistrate dismissed two applications presented by the appellant for dismissing a complaint pending before him for commission of offences under sections 211, 204 and 385 of the Indian Penal Code. A further prayer was made for an order by this Court quashing the proceedings pending in the Court of that Magistrate. 2. The facts necessary for deciding this appeal may be stated briefly. On December 10, 1958, the appellant lodged a report with the Inspector-General of Police, Chandigarh against R. P. Kapur (hereinafter referred to as 'the respondent') and his mo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC788; [1967]63ITR224(SC); [1967]1SCR512
Shah, J.1. Messrs. Phelps and Company Ltd. was registered as a private limited company on September 30, 1939, to carry on the business of 'Clothiers and Tailors'. On March 21, 1952, under on order made under section 11(4) of the Indian Companies Act, 1913, the name of the company was altered to Messrs. Associated Clothiers Ltd. On the same day a company styled 'Messrs. Phelps & Co. Ltd.' was incorporated. By a written agreement also of the same date the appellant-company agreed to transfer its assets and liabilities to Messrs. Phelps and Co. Ltd., in consideration of allotment of shares of the value of Rs. 12,30,000 of Messrs. Phelps and Co. Ltd., and Rs. 23,291-10-5 payable in cash, and Messrs. Phelps and Co. Ltd. taking over liabilities of the appellant-company of the aggregate amount of Rs. 6,05,601-0-6. Under the terms of the agreement the appellant-company purported to transfer seven items of property described in the schedules annexed to the deed : one of the properties so agreed...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC442; [1967(14)FLR1]; (1967)ILLJ409SC; [1967]1SCR484
Bachawat, J.1. This appeal by special leave raises the question whether respondent No. 2, Shri B.C. Dutta was qualified for appointment as the Presiding Officer of an Industrial Tribunal under s. 7A(3) of the Industrial Disputes Act, 1947. Section 7A inserted in the Industrial Disputes Act, 1947 by Act No. 36 of 1956 with effect from March 10, 1957 read as follows :- '7A (1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule. (2) A Tribunal shall consist of one person only to be appointed by the appropriate Government. (3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless - (a) he is, or has been a judge of a High Court; or (b) he has held the office of chairman or any other member of the Labour Appellate Tribunal constituted under the Industria...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1967]1SCR489
Shelat, J.1.This appeal by certificate from the High Court at Allahabad involves the question as to the valuation of a piece of land belonging to the appellant and situate outside the town Nehtaur, in District Bijnor, U.P. The land admeasures 6 pucca bighas and is grove land having in all 123 trees of which a number are mango and naspati trees. 2. The notification under s. 4 of the Land Acquisition Act, 1 of 1894 was issued on December 22, 1945 in which it was stated that the land was being acquired for a public purpose, viz., the construction of a hostel etc., of S.N.S.M. High School at Nehtaur. Possession of the land was taken from the appellant on July 4, 1947. The Collector of Bijnor made his award under s. 11 of the Act fixing Rs. 1167-4-0 as compensation for the trees, Rs. 1050-12-0 as compensation for the land and adding 15% solatium awarded the total sum of Rs. 2218/-. A reference was thereafter made under s. 18 at the instance of the appellant to the District Judge, Bijnor. Bo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC553; 1967(0)BLJR289; 1967CriLJ541; [1967]1SCR469
Raghubar Dayal, J.1. Jamuna Singh, appeals, by special leave, against the order of the Patna High Court dismissing his appeal and confirming his conviction and sentence under Sections 323 and 436 read with s. 109, I.P.C. 2. Along with the appellant, four other persons were prosecuted for committing riot and the offence under s. 323 I.P.C. Jodha Singh, one of them, was also prosecuted for committing the offence under 436. I.P.C. The Assistant Sessions Judge acquitted one of the five persons and convicted the other four of the offence under s. 323 I.P.C. He also convicted Jodha Singh of the offence under s. 436 I.P.C. 3. These four convicted persons appealed to the High Court. The High Court acquitted two of the appellants before it. It acquitted Jodha Singh of the offence under s. 436 I.P.C but maintained his conviction under s. 323 I.P.C. Jamuna Singh's appeal was dismissed. He has come up on appeal to this court. 4. Learned counsel for the appellant did not question the conviction of ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC455; [1967]63ITR232(SC); [1967]1SCR463
Ramaswami, J. 1. These five appeals consolidated by an order of the Bombay High Court arise out of a Reference made by the Income-tax Appellate Tribunal, Bombay Bench 'A' on January 2, 1959 and decided by the Bombay High Court on September 22, 1962. The High Court granted certificates to appeal against its judgment under s. 66-A of the Income-Tax Act, 1922 to both the Commissioner of Income-Tax, (Central) Bombay and the assessee. Civil Appeals Nos. 411 to 413 of 1965 are brought on behalf of the assessee and Civil Appeals Nos. 414 and 415 of 1965 are brought on behalf of the Commissioner of Income-Tax, (Central) Bombay. 2. Hukumchand Mills Ltd. (hereinafter referred to as the 'assessee') is a public company incorporated in the previous Indore State. The assessee owns a textile mill there. Up to the assessment year 1949-50 it was being assessed in British India as a non-resident (except in 1948-49 when it was assessed as a resident), on such income as fell within s. 4(1)(a) or 4(1)(c) r...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1419; [1967]1SCR475
Shelat, J. 1. Two questions arise in this appeal by certificate granted by the High Court at Calcutta, (1) as regards the jurisdiction of the Controller under the Calcutta Thika Tenancy Act, 1949 after the deletion therefrom of section 29 by Amendment Act VI of 1953 in respect of proceedings pending before him on that date and (2) the right of a Thika Tenant as defined by the Act to a notice provided under the Deed of Lease. 2. By a registered lease dated December 4, 1934, the appellant entered into possession of the land demised thereunder from the Bhowanipore Wards Estate which was then managing the said property at a monthly rent of Rs. 47-0-3 P. The lease was for a fixed term of 10 years and it inter alia gave the tenant option of renewal of the said lease provided he offered the maximum rent which might be offered by intending tenants on expiry of the said term. Clause 7 of the Deed of Lease provided that the lessee shall be bound on the termination or sooner determination of the ...
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