Court : Supreme Court of India
Reported in : AIR1970SC2015; 1970CriLJ1670; 1970(0)KLT588(SC); (1970)2SCC325; [1971]1SCR697
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 56 of 1968.Appeal from the judgment and order dated February 9, 1968 of the Kerala High Court in O.P. No. 5032 of 1967 (Contempt). 699Y. K.Krishna Menon, D. P. Singh, N. Nettar and Y. J. Francis, for the appellant.A. Y. V. Nair, for the respondent.M. R. K. Pillai, for the intervener.The Judgment of the Court was delivered by Hidayatullah, C. J. Mr. E. M. S. Naniboodiripad. (former Chief Minister of Kerala) has filed this appeal against his conviction and sentence of Rs. 1000 fine or simple imprisonment for one month by the High Court of Kerala for contempt of Court.i Judgment, February 9, 1968, was by majority Mr. justice Raman Nair (now Chief Justice) and Mr. justice Krishamoorthy lyer formed the majority. Mr. Justice Mathew dissented. The case has been certified by them as fit for appeal to this Court under Art. 1 3 4 ( 1 ) (c) of the Constitution.The conviction is based on certain utterances of the appellant, when he was Chief Min...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1970)2SCC399; [1971]1SCR690
I.D. Dua, J.1. Sapmawia son of Tivuala, has forwarded from the Dibrugarh Jail his petition for a writ of habeas corpus. According to the averments made in this petition he claims to be a loyal citizen of India hailing from Bairabi (Bairangal) village, Mizo District. On the 14th August, 1968 he was taken by the Security Forces from his house in Bairabi, Mizo Dist. to work as a porter for carrying their luggage to the next village. The petitioner was, however, not allowed to return home. He was kept under military guard for about three months without any interrogation. On November 23, 1968 he was sent to Silchar District Jail where he was interrogated by a Sub-Inspector of Police. He was thus kept as an under-trial prisoner since his arrest. On enquiry from jail authorities he learnt that he was charged with offences under Section 121, I.P.C. and under rules 41(5) and 32(5) of the Defence of India Rules and also under Sections 10, 11 and 13 of the Unlawful Activities (Prevention) Act. Th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC33; [1970]78ITR26(SC); (1970)2SCC355; [1971]1SCR683
J.C. Shah, J.1. These appeals arise out of orders passed in petitions praying for a writ of mandamus to rectify orders of assessment relating to income assessed to tax for the years 1951-52 and 1952-53. The corresponding previous years for the assessment years were October 1, 1949 to September 30, 1950 and October 1, 1950 to September 30, 1951.2. Hirday Narain and his five sons were members of a Hindu undivided family. Till the assessment year 1950-51 the income received by Hirday Narain was assessed to tax as the income of a Hindu undivided family. On November 19, 1949 the property of the joint family was partitioned between Hirday Narain and his sons. In assessing the income for the assessment year 1951-52 the Income-tax Officer recorded an order that the property was partitioned, but he still assessed the income received by Hirday Narain as income of a Hindu undivided family. In appeal the Appellate Assistant Commissioner treated Rs. 18,520 earned between October 1, 1949 and Novembe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2000; (1970)3SCC809; [1971]1SCR671; [1970]26STC344(SC)
J.C. Shah, J.1. The appellants who are dealers in food-grains supplied to the Regional Food Controller diverse quantities of wheat in compliance with the provisions of the U.P. Wheat Procurement (Levy) Order, 1959. The Sales Tax Officer levied tax under the U.P. Sales Tax Act on the aggregate of the price of wheat by the appellants, rejecting the contention raised by the appellants that the wheat supplied was not sold by them to the Controller. In appeal the Assistant Commissioner (Judicial) Sales Tax held that the turnover resulting from supplies of wheat was not taxable since there was no 'sale' within the meaning of the U.P. Sales Tax Act, 1948. The order was confirmed by the Additional Judge (Revisions) Sales Tax.2. The Additional Judge (Revisions) Sales Tax referred the following questions to the High Court of Allahabad for opinion :(1) Whether the sales made to the Regional Food Controller under the U.P. Wheat Procurement (Levy) Order, 1959, are sales within the meaning of 'sale'...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC383; [1970]78ITR18(SC); [1971]1SCR646
J.C. Shah, J. 1. A firm styled Sir Hukumchand Mannalal & Company was formed under a deed dated July 16, 1948 to carry on the business of 'managing and selling agents' of Hukumchand Mills Ltd. Sir Hukumchand and his son Rajkumar Singh were two of the five partners of the firm. They represented the interest of the Hindu undivided family of Sir Hukumchand and his sons. On March 31, 1950 the property of the Hindu undivided family was partitioned and the interest of the family in the partnership was taken over by a private limited company styled Sir Sarupchand Hukumchand Ltd.2. For the assessment years 1950-51, 1951-52, 1952-53 and 1953-54 the Income-tax Officer granted, registration of the firm under Section 26A of the Indian Income-tax Act, 1922. In 1954-55 the Income-tax Officer declined to grant registration. In appeal the Appellate Assistant Commissioner confirmed the order on the ground that two coparceners could not represent the interest of the Hindu undivided family in a partnershi...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1970)2SCC321; [1971]1SCR650
I.D. Dua, J.1. In this appeal by special leave the appellant who has appeared in person challenges the order of a learned single Judge of the Gujarat High Court (Shelat J.) dismissing in limine criminal revision against the order of the Sessions Judge dated October 4, 1969 dismissing the appellant's revision from the order of the Judicial Magistrate, Kalol dated August 30, 1969 granting the application of the railway administration under Section 138 of the Indian Railways Act and directing the P.S.I. Railways at Sabarmati who is also the P.S.I. Railways at Kalol to secure possession of the stalls in question from the appellant to the railway administration or to the person appointed by the administration in that behalf.2. The appellant had, on February 9, 1964, entered into an agreement with the railway administration by means of which he was allotted a Tea Table (hereafter described as Tea Stall) at Kalol railway station. This agreement came into force from May 18, 1964 and subject to...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2007; 1971MPLJ85(SC); (1970)2SCC360; [1971]1SCR657
I.D. Dua, J.1. This is an appeal with certificate under Article 133(i)(a) of the Constitution by Gajanan and his two sons Janardhan and Nanaji who figured as defendants 1, 4 and 5 respectively in the suit instituted by Seth Brindaban, respondent in this appeal. It is directed against the judgment and decree of the Bombay High Court (Nagpur Bench) dated February 7, 1966 allowing the plaintiff's appeal in part against the dismissal of his suit by the trial court, and granting him a decree for Rs. 1,60,000 against the appellants. The other two defendants, Rajeshwar and Narhari, were also the sons of Gajanan; the dismissal of the suit against them was upheld by the High Court. The suit for foreclosure of three mortgages was instituted on December 1, 1950. The plaintiff claimed a decree for foreclosure of the mortgages : the mortgage amount due was stated to be Rs. 1,07,269/2/- with future interest. The suit was contested on various grounds but the main point with which we are concerned in ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC62; (1971)3SCC118
I.D. Dua, J.1. Talib Hussain @ Abdul Rehman son of Feroz Din forwarded through Central Jail, Jammu his application for a writ of habeas corpus. According to the averments made therein the petitioner was arrested on September 4, 1968 but the warrant for his detention was dated September 10, Upto December 12, 1969 he was neither shown the warrant of detention nor were the grounds of his detention communicated to him. He was served with a copy of the war rant of detention on December 12, 1969. The petitioner had by then already filed an application for a writ of habeas corpus (W. P. No. 400 of 1969) but that application was with drawn by him. On December 5, 1968 the petitioner was transferred from interrogation center to the Central Jail, Jammu. On December 10, 1968 he was told that the grounds of detention could not be disclosed to him and this was long after the expiry of ten days from his arrest. The petitioner was tortured at the interrogation center, Jammu, and his signatures were fo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC122; 1971CriLJ28; (1971)3SCC112
I.D. Dua, J.1. Latif Hussain Malik, petitioner, forwarded his application dated March 10, 1970 from Central Jail, Jammu seeking his production in this Court for filing an application for a writ of habeas corpus. According to him, he was arrested on September 21, 1969. This application was treated as an application for writ of habeas corpus and on April 9, 1970 a rule nisi was issued.2. According to the return the petitioner was detained on November 21, 1969 pursuant to an order dated November 6, 1969 with a view to preventing him from acting in a manner prejudicial to the security of the State. He was informed that it was against public interest to disclose to him the grounds of his detention. The State Government confirmed the order of detention on November 11, 1969.3. The only contention raised on his behalf is that the order of confirmation by the Government was made before the petitioner's arrest and detention and that this rendered his custody illegal.4. I am unable to sustain thi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC337; (1971)3SCC104; [1971]1SCR637
I.D. Dua, J.1. The petitioner, Anwar alias Raldu son of Basawa Batwal, resident of Nathu Pora, District Sralkot, (West Pakistan), forwarded to this Court his application dated March 11, 1970 from Central Jail, Jammu where he was being detained, praying for a writ in the nature of the habeas corpus for his production in this Court to enable him to challenge his detention. In the application it was asserted inter alia that the petitioner had been brought from Pakistan to the State of Jammu & Kashmir by his uncle Shri Dosa, son of Jumma who was working for Indian Intelligence. The petitioner had crossed the cease fire line and come to India for the purpose of taking to Pakistan the necessities of life. His uncle who was inimical towards him got him arrested after he had crossed the cease-fire line on the basis of the allegation that the petitioner was a smuggler and had opium on his person. The petitioner was thereafter convicted and sentenced. His sentence expired in January, 1970. After...
Tag this Judgment!