Court : Supreme Court of India
Reported in : AIR1971SC257; (1971)3SCC101
K.S. Hegde, J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951 (to be hereinafter referred to as the Act). It arises from the decision of the High Court of Punjab and Haryana in Election Petition No. 6 of 1969 on its file. In that petition the appellant unsuccessfully challenged the validity of the election of the respondent to the Punjab Legislative Assembly in the mid-term election held in 1969. 2. The appellant and the respondent contested the Gurdaspur Assembly seat in the mid-term election held in 1969. The appellant was the congress nominee and the respondent was the candidate of the Akali party. It is said that he had the support of the Jan Sangh. One other candidate who filed his nomination for that constituency had withdrawn from the contest. It is not necessary to refer to him. Polling took place on February 9, 1969 and the result of the election was declared on February 10, 1969. The appellant secured 20044 votes and the respondent 25501....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1348; (1970)3SCC147; [1971]2SCR611
Grover, J.1. This is an appeal from a judgment of the Mysore High Court dismissing an election petition which had been filed by two electors challenging the election of respondent No. 1 B.D. Jatti from the Jamkhandi Constituency at the General Elections held in 1967.2. The last date for filing of nomination papers was January 19, 1967. The polling took place on February 2, 1967 and the result was declared on February 22, 1967. The only contesting candidates were respondent No. 1 and respondent No. 2 M.M. Shivappa. Respondent No. 1 secured 24,578 votes whereas respondent No. 2 got 21,261 votes. The election petition was filed on April 6, 1967 by I.S. Ghattarki and P.R. Belagali who were electors in the Jamkhandi Constituency. Each of them had acted as an election agent of respondent No. 2. Petitioner No. 1 Ghattarki was his election agent from February 10, 1967 till the last date of the election and petitioner No. 2 Belagali acted as an election agent from January 19, 1967 to February 4...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1970)3SCC293; 1971(III)LC70(SC)
J.C. Shah, J.1. Narayanlal Bansilal Pittie hereinafter called 'Pittie' was the son-in-law of Tarabai widow of Motilal. Tarabai carried on business in cotton, cotton-seed and cotton bales in the name and style of Narayandas Chunilal in Bombay and also in Jalna within the former State of Hyderabad. Tarabai instituted suit No. 7 of 1354 Fasli in the Court of the Sadar Adalat' Aurangabad, against Pittie for a decree for Rs. 2,84,308/- alleging that she, Pittie & one Chogmal entered into a partnership to carry on business at Jalna in cotton, cotton-seed and cotton bales for a period of five years Samvat Years 1982 to 1986, that her share in the profit and loss was six annas in a rupee, of Pittie six annas, and of Chogmal four annas; that the transactions of the partnership resulted in a profit of Rs. 5,257-12-9 in the first year, and in a profit of Rs. 27 047-13-6 in the second year, that in the next three years the partnership suffered heavy losses and after giving credit for the profits e...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC349; (1970)3SCC606; [1971]2SCR594
Shah, J.1. This is an appeal with special leave against the order of the Railway Rates Tribunal constituted under Section 34 of the Indian Railways Act 9 of 1890.2. The West Coast Paper Mills Ltd.-hereinafter, called 'the Company'-is a manufacturer of paper and paper products. It has set up a factory at Bengurnagar in Dandeli at the terminus of Alnawar-Dandeli branch line of the Southern Railway. This branch line 32 Kilo-meters in length was a 'light railway' constructed and opened for traffic by the Government of Bombay in 1919, principally for the purpose of transporting forest produce collected in the surrounding region. With the reorganisation of the States under the States Reorganization Act the ownership of the Railway passed to the Mysore Government. The Railway was finally taken over by the Government of India with effect from October 1, 1962, and now forms part of the Indian Railways.3. The Company used the branch line for transporting coal, limestone etc. required for its man...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC378; (1971)1SCC4; [1971]2SCR590; 1971(III)LC48(SC)
Hegde J.1. In this appeal by special leave the true ambit of item 1 in the Schedule to the Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (to be hereinafter referred to as the Act) read with Section 3(1) of that Act comes up for consideration.2. The appellant is a manufacturer of certain medicines with the aid of substances like tincture, spirit etc. The tincture and spirit in their turn contain alcohol. The Superintendent of Excise called upon the appellant to pay duty under the Act on the medicinal preparation on the ground that they contain alcohol. The appellant resisted the demand on the ground that the medicines in question were not prepared by adding pure alcohol; the fact that the tincture which is a component of that preparation contains alcohol does not make it a preparation containing alcohol. That contention was rejected by the Superintendent of Excise as well as by the High Court in the writ petition brought by the appellant.3. It is admitted that alcohol thou...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1028; (1970)3SCC722; [1971]2SCR603; 1971(III)LC51(SC)
Shah, J.1. One Sashi Bhusan was possessed of a piece of land at Mouza Behala District 24-Parganas admeasuring .98 acres. The land devolved on the death of Sashi Bhusan in 1920 upon his daughter Sarala. Under the Dayabhaga system of law; Sarala inherited the property of her father as a limited owner. Sarala married Kunja Behari. The latter died in 1937 leaving him surviving Sarala, two sons Tulsi and Gobinda, and four daughters were married during the life-time of Kunja Behari. Kunja Behari left no estate except a residential house constructed on the land at Mauza Behala. Kunja Behari was ailing for about one year before his death in 1937. He was in an humble walk of life, and was apparently not profitably employed during his life-time. At the time of his death the two sons Tulsi and Gobinda were minOrs.2. On October 22, 1941, Sarala executed a deed, Ext. E, agreeing to sell a part of the land (.90 acres) for Rs. 1,100/- to Chapalabala wife of Sakha Nath Ghosh. It was recited in the agr...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1970)3SCC926
C.A. VAIDIALINGAM, J.1. The petitioner has filed this petition under Article 32 of the Constitution for his release by a writ of habeas corpus from detention in the district jail, Dhanbad, Bihar State. The averments made in the petition are briefly as follows.2. The petitioner along with nine others was arrested on August 9, 1970 at about 10.30 a.m. by the police officers headed by the Divisional Inspector Parasnath Singh at Village Het Kandra in police station Sindri, situated within the Dhanbad district. The arrest of the petitioner was stated to have been made under Section 151 CrPC. The petitioner is an activist of Samyukta Socialist Party and was also the former Chairman of the Bihar unit of the said party. On August 9, 1970, the petitioner and his companions were standing scattered unarmed over an area of land in Survey Plot No. 295 in Khata No. 49 of Village Het Kandra in Jharia Anchal in Dhanbad district. He was selecting suitable portion in the said land for cultivation by lan...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1645; (1971)3SCC891; 1971(III)LC15(SC)
J.C. Shah, J.1. Kumar Shri Ranjit Singhji Bhavan Singhji hereinafter called 'the respondent' was the holder of a Jagir of four villages-Saloz, Vaurkhan, Kambalad and Thambla in Taluka, Jambegam, District Baroda These villages were granted by a Sanad dated August 18, 1885, to the father of the respondent by the then Ruler of Chhota Udaipur. By the Bombay Merged Territories and Areas (Jagirs Abolition) Act 39 of 1954 with effect from August 1, 1954, the Jagir of the respondent stood abolished. Under the provisions of the Act the respondent became entitled to compensation provided under the Act. The respondent preferred a claim for compensation under the Act. The Jagir Abolition Officer held that no compensation was payable in respect of leak trees, because in the Chhota Udaipur State teak trees were reserved trees, and no convincing evidence had been produced by the Jagirdar that he enjoyed any right to reserved trees. The Gujarat Revenue Tribunal confirmed the order of the Jagir Aboliti...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1676; (1971)ILLJ31SC; (1970)3SCC656
A.N. Grover, J.1. The respondent was a Head Constable in the Punjab Police Force. At the material time he was holding the rank of Officiating Assistant Sub-Inspector of Police. A charge was leveled against him of haying fabricated false evidence while investigating a criminal case. An enquiry was held by the Deputy Superintendent of Police who submitted a report on March 25, 1954 to the District Superintendent finding the respondent guilty of the charge. The Deputy Superintendent called upon the respondent to appear before him on March 27, 1954 to show cause why he should not be dismissed from service. The respondent asked for examination of some more witnesses. This was declined. Thereafter the District Superintendent passed an order dismissing him from service. His appeal was dismissed by the Deputy Inspector-General of Police on February 4, 1955. An appeal to the Inspector General also failed on April 25, 1956.2. The respondent filed a writ petition in the Punjab High Court challeng...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1221; 1971CriLJ1063; (1972)3SCC869; 1971(III)LC44(SC)
V. Bhargava, J.1. This appeal by special leave has been filed by the State of Punjab against the acquittal of the respondent Tarlok Singh by the High Court of Punjab and Haryana for an offence punishable Under Section 302 of the Indian Penal Code for which he had been convicted by the Court of Sessions. Tarlok Singh was charged with the murder of one Smt. Ishar Kaur.2. It is necessary to give briefly the facts, as alleged by the prosecution, leading up to this appeal. Fauja Singh was the son of one Lehna Singh. He pre-deceased his father and left behind his widow Ishar Kaur and two young children Gurbachan Singh and Harnam Kaur. Lehna Singh had a daughter Smt. Paro who was married to Gulab Singh in another village. On the death of Fauja Singh, Lehna Singh asked his daughter Smt. Paro and his son-in-law Gulab Singh to come to his village Alampur to look after the young children of Fauja Singh. When Smt. Paro and Gulab Singh came and started living with Lehna Singh, Lehna Singh gave some...
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