Court : Supreme Court of India
Reported in : AIR1971SC141; (1970)3SCC874; 1970(3)WLN27
A.N. Grover, J.1. This is an appeal from a judgment of the Rajasthan High Court in which the sole question for determination is whether the agreements which were executed between the appellant and the respondent fulfil the requirements of Article 299 of the Constitution.2. In a suit filed by the respondent against the appellant for recovery of Rs. 86,000 as damages for breach of contract on the basis of agreements which, were executed by the Inspector-General of Police Rajasthan a preliminary issue was framed to the following effect:Whether the agreements are not in accordance with Article 299 of the Constitution of India and hence the suit is not maintainable?The trial court held that the agreements complied with the provisions of the aforesaid Article. Its decision was upheld by the High Court where the matter was taken on the revisional side.3. Para. 1 of the main agreement which was executed on March 22, 1960 was as follows:An agreement made on 22nd day of March, 1960 between Messr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC139; (1971)3SCC121
K.S. Hedge, J.1. This appeal by certificate arises from the judgment of a Division Bench of the Gujarat High Court in Spl. Civil Appln. No. 1055 of 1965 on its file.2. The 1st respondent herein is the Chairman of the Board of Directors of Kathiawar Industries, Ltd. The Custodian of Evacuee properties sought to proceed against that company under Section 10(2)(11) of the Administration of Evacuee Property Act, 1950 (to be hereinafter referred to as the 'Act'). The 1st respondent challenged those proceedings before the High Court of Gujarat by means of a petition under Article 226 of the Constitution. The High Court has allowed that petition and quashed the impugned proceedings. Hence this appeal.3. The issued capital of Kathiawar Industries Ltd., is Rs. 5 lacs. The total number of shares subscribed, preferential as well as ordinary are 1,21,961. One of the shareholders of that company is a company by name Bhawani Investment Company Ltd. That company held 12,100 shares. The case of the ap...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1491; 1971(0)BLJR1080; 1970MhLJ883(SC); (1970)2SCC480; [1971]1SCR943
V. Bhargava, J.1. This is an appeal by special leave by one Munney Khan who has been convicted for the offence of murder punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. In this case, it is not necessary to describe in detail the two versions which were put forward by the prosecution and the defence in the Court of Sessions. It is sufficient to give the findings of fact recorded by the Sessions Judge, who tried the case, which have been affirmed by the High Court of Madhya Pradesh.2. In Berkhedi, the residents, in accordance with their usual practice, gathered to celebrate 'Durga Utsav' on 1st October, 1965 near Kabir Mandir and, in that connection, a drama of 'Amarsingh' was to be staged at about 10 or 10.30 p.m. Reoti singh deceased was one of the volunteers who was posted on duty in connection with the arrangements close to the sitting place reserved for the ladies in order to check men from entering that area: At about 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC240; (1971)3SCC889
K.S. Hegde, J.1. In these appeals a preliminary objection has been taken to the effect that these appeals are not maintainable as one Lt. Col. G.S. Yadav one of the parties to these cases at an earlier stage had not been impleaded. After hearing the counsel for the parties we accept this preliminary objection and dismiss these appeals as having been hot properly instituted. We shall now proceed to give our reasons in support of that conclusion.2. We shall first take up Civil Appeal No. 610 of 1966. This appeal arises from a suit instituted by one Surat Singh and others. In that suit Surat Singh was the first plaintiff. The plaintiffs therein claimed a permanent injunction restraining the defendants from interfering with their possession of the suit premises. That suit was substantially dismissed in the trial Court. As against that decision the plaintiffs went up in appeal to the Senior Sub-Judge, Delhi. In the appellate Court the plaintiffs prayed for an amendment of the plaint. They s...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1358; (1970)2SCC817; [1971]1SCR931
J.C. Shah, J.1. The Assam Tea Company Ltd owns tea gardens in the village of Nazira in the State of Assam. By a notification dated June 16, 1909, the Government of Bengal (which then had territorial jurisdiction over the territory now within the State of Assam) constituted a Town Committee at Nazira adjacent to the tea garden of the Company. In 1923 the Legislature enacted the Assam Municipal Act I of 1923. Section 328 of the Act provided for the Constitution of notified areas. By Sub-section (1) of Section 328 the Provincial Government was authorised by notification, to signify its intention to declare that with respect to some or all of the matters upon which a municipal fund may be expended, improved arrangements are required within a specified area. After issuing such a notification the Government was competent, after six weeks from the date of publication, and after considering the objections, if any, to declare, by notification, the specified area or any portion thereof to be a n...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC385; (1970)2SCC484; [1971]1SCR863
CIVIL APPELLATE JURISDICTION: Civil Appeal.No. 2259 of 1969. Appeal under s. 38 of the Advocate's Act, 1961 from the order dated October 26, 1969 of the Disciplinary Committee of the Bar Council of India in D.C. Appeal No. 18 of 1968. C. K. Daphtary, A. S. R. Chari, J. B. Dadachanji, O. C. Mathur, Ravinder Narain and S. Swarup, for the appellant., V. S. Desai and B. D. Sharma,, for respondent No. 1. M. C. Bhandare and S. B. Wad, for Respondent No. 2. V. A. Seyid Muhammad and S. P. Nayar, for. Attorney- General for India.A. V. Rangam, for Advocate-General for the Tamil Nadu. M. C. Setalvad, Rameshwar Nath, for Bar Council of India. O. P. Rana, for Advocate-General for the State of U.P. A. G. Pudissery, for Advocate-General for the State of Kerala.K. Baldev Mehta, for Advocate-General for the State of Rajasthan.A. P. S. Chauhan, A. D. Mathur and N. P. Jain, for Bar Council U.P.Sukumar Ghose and G. S. Chatterjee, for- the Advocate General for the State of West Bengal.P. Parmeswara Rao, fo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC61; (1970)3SCC258
K.S. Hedge, J.1. This appeal by special leave is directed against the order issued by Vimadalal J. in S. Suit No. 109 of 1962 on the Original Side of the High Court of Judicature at Bombay directing the issue of a letter of request to our ambassador at Kabul to examine certain witnesses who are residing in Kabul on commission.2. Admittedly the witnesses sought to be examined at Kabul are relevant witnesses. All of them are living outside the jurisdiction of the Court and hence they are not amenable to the process of the Court. It was said on behalf of the appellant that one of the witnesses sought to be examined is an agent of the 1st defendant and therefore that defendant could have produced him in Court for examination. As regards the other witnesses, it was said that the facts that they were expected to depose could have been established by other evidence. We have no doubt that these facts must have been considered by the learned trial Judge. The order under appeal is essentially a ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2333; 1978(2)ELT389(SC); (1970)2SCC472; [1971]1SCR936
V. Bhargava, J.1. This appeal by special leave arises out of proceedings started by institution of a suit by the respondents, challenging the imposition of excise, duty on circles of kansi and brass prepared in the process of manufacturing utensils. The facts, which have been found by the High Court of Punjab and Haryana and the lower courts and which are not disputed, are that the respondents carry on business, at Rewari, of manufacturing kansi and brass utensils. For that purpose, they procure copper, tin and zinc. Kansi is prepared as an alley of copper and tin, and brass as an alloy of copper and zinc. These alloys are prepared by melting the metals and mixing them togther. These alloys are then converted into billets. These billets are thus of two kinds, viz., of kansi and of brass. These billets are then sent by the respondents to their agent who runs a rolling mills in Rewari. and the rolling mills roll the billets into uncut circles. Subsequently, these uncut circles are trimme...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2072; (1970)3SCC819
J.C. Shah, J.1. This appeal is filed with special leave granted by this Court against the judgment of the High Court, of Assam 'declaring ultra-virus' a notification dated December 4, 1959 issued under Section 334(4) of the Assam Municipal Act, 1956 (No. 15 of 1957).2. By notification dated May 22,1958 issued in exercise of the powers conferred by Section 334(1) of the Assam Municipal Act, 1956, the Government of Assam signified its intention to declare that with respect to a specified area (including a part of the Naharkatia Tea Estate) 'improved arrangements' were required, and invited objections against that proposal from interested parties. The owners of the Naharkatia Tea Estate did not file any objection. On December 4,1959 a notification was issued under Section 334(4) declaring the specified area as the Naharkatia Town Committee. In consequence of that declaration holders of land and buildings, within the specified area became liable to pay certain municipal taxes. On receiving...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC333; (1970)3SCC270
A.N. Grover, J.1. This is an appeal from an order of the Punjab and Haryana High Court dismissing a writ petition in limine. 2. The Municipal Committee of Kaithal consists of 17 elected members. Prior to the election held on March 10, 1968, the previous Committee functioned from 1962 to 1968. According to the appellants the majority of members constituting the Committee from 1962 to 1968 belonged to the Congress Party. On March 10, 1968 fresh elections were held. The new Committee which was elected was to remain in office for a period of three years. It has been alleged by the appellants that the majority of members constituting the new Committee belonged to the Jan Sangh Party. The members of the new Committee took oath of office on April 6, 1968. On February 27, 1969 a notice was served by the Secretary. Local Government Department, Haryana, on the President of the Committee inviting reference to the inspection note on the working of the Committee recorded by the Sub-Divisional Offic...
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