Court : Supreme Court of India
Reported in : AIR1973SC674; (1973)1SCC579; [1973]3SCR189
K.K. Mathew, J. 1. The appellant, Punjab National Bank Limited, is the owner of a building bearing municipal No. 5, Parliament Street, New Delhi. After completion of its construction, it was occupied on July 1, 1958. The building was not entered in the assessment list which was to be operative during the period from April 1, 1958 to March 31, 1959. On September 4, 1959, the New Delhi Municipal Committee, the respondent here, purporting to act under Section 67 of the Punjab Municipal Act, 1911, hereinafter referred to as the Act, issued a notice to the appellant stating :This is to inform you that your building mentioned at the back of this letter has been completed and is in fact occupied from 1-7-1958 and ought to be assessed to House tax by amending the list for 1959-60 under section 67 of the Municipal Act, 1911 and this Committee has, vide resolution No. 30 dated 10-7-1959 proposed to amend the list for the year 1959-60 by inserting the said property on an annual value as given at ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1381; (1973)3SCC621
A.N. Grover, J.1. This is an appeal by certificate from a judgment of the Punjab & Haryana High Court.2. The facts may be briefly stated. Late Nadar Chanel the father of respondents obtained a money decree for Rs. 16,771/- against one Mokham Din in the year 1935. During the course of execution proceedings the decree was forwarded to the Collector for execution under Section 88 of the CPC. The Collector made an order on September 30/1940 directing that land in two villages belonging to the judgment debtor be leased out to the decree holder for 20 years with effect from Kharif 1941. The Judgment debtor had lands in other villages also but the entire land in these two villages was leased out to the decree bolder. It appears that the decree holder took execution proceedings in 1941, 1943 and 1948 but on each occasion the proceedings were consigned to the record room. On the partition of the country the judgment debtor who was a Muslim, became an evacuee and his land vested in the Custodian...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC678; [1975(30)FLR4]; (1973)1SCC584; [1973]3SCR169
A. Alagiriswami, J. 1. This is an appeal by special leave against the judgment of the High Court of Assam allowing the petition filed by respondents questioning the validity of the order dated 27-6-1962 issued by the Deputy Commissioner, Khasi Jaintia Hills on behalf of the Government of Assam that their application for renewal of the mining lease granted to their father must be deemed to have been refused under Sub-rule (3) of Rule 24 of the Mineral Concession Rules, 1960.2. The lease in question was granted by the Crown Representative on 29th April, 1942 to Bhagirath Mohta the father of the respondents for a period of 20 years to operate the coal-mines. Bhagirath Mohta died on 18-5-1961 and on 3-8-1961 the respondents applied for renewal of the lease. By his order earlier mentioned the Deputy Commissioner informed the respondents that the application for renewal must be deemed to have been refused. On 22-10-1962 the respondents filed a revision petition to the Central Government unde...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1252; 1973LabIC920; (1973)ILLJ119SC; (1973)1SCC461; [1973]3SCR158; 1973(5)LC523(SC)
A. Alagiriswami, J.1. These five appeals by leave are by the State of Assam against the judgment of the High Court of Assam in five petitions filed by the respondents in the respective appeals.2. Shri Bansi Ram Das was Professor and Head of the Department of Physics in the Government Cotton College, Gauhati. Shri Kanak Lal Das was Professor and Head of the Department of Philosophy. Shri Basanta Kumar Das was a Physiological Chemist in Class I of the Assam Veterinary Service and on the relevant date was the Deputy Director of Animal Husbandry & Veterinary Department. Shri Khageswar Saikia was an Upper Division Assistant in the office of the Deputy Commissioner, Darrang Tezpur on the relevant date, and Shri Anand Chandra Hazarika was an Head Assistant in the office of the Deputy Commissioner, Darrang, Texpur. On 21st March, 1963 the Government of Assam issued a memorandum raising the age of retirement of its servants from 55 years to 58 years. The relevant portion of the memorandum was a...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1973)2CTR(SC)132
Mathew, J. - The appellant, Punjab National Bank Limited is the owner of a building bearing municipal No. 5. Parliament Street, New Delhi. After completion, of its construction it was occupied on July 1, 1958. The building was not entered in the assessment list which was to be operative during the period from April 1, 1958 to March 31, 1959. One September 4, 1959, the New Delhi Municipal Committee, the respondent here, purporting to act under sec. 67 of the Punjab Municipal Act, 1911, hereinafter refer to as the Act, issued a notice to the appellant stating :This is to inform you that your building mentioned at the back of this letter has been completed and is in fact occupied from 1-7-1958 and ought to be assessed to House tax by amending the list for 1959-60 under sec. 67 of the Municipal Act, 1911 and this committee has, vide resolution No. 30 dated 10-7-1959 proposed to amended the list for the year 1959-60 by inserting the said property on an annual value as given at the back of t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC806; 1973CriLJ583; 1973(0)KLT64(SC); (1973)1SCC469
A.N. Grover, J.1. The appellant was found guilty of an offence under Section 302, Indian Penal Code, and sentenced to death by the Sessions Judge Kottayam. He filed an appeal to the Kerala High Court and a reference was also made for confirmation of the death sentence to that court under Section 374 of the Criminal Procedure Code. We have already, by our order dated December 7, 1972 allowed the appeal to the extent of reducing the sentence to one of life imprisonment instead of death. We proceed to state our reasons for doing so.2. According to the case of the prosecution one Gouri Amma who was a spinster was living alone in Cheruvally village. She was stated to be living the life of sanyasini but, all the same, it was alleged that the appellant had illicit liaison with her. He lived separately in another house which was in the vicinity of the house of Gouri Amma. He had even lived with her for some time. Three years prior to the incident the appellant had to stay as a patient in the M...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC804; (1973)1SCC569; [1973]3SCR196; 1973(5)LC530(SC); 1972()WLN997
A.K. Mathew, J. 1. This is an appeal, by special leave, from a degree of the High Court of Rajasthan passed in appeal by which it dismissed the suit for recovery of possession of the plaint property filed by the appellant.2. One Ram Prasad was the owner of the property in question. He was not heard of by his wife Pani since 1950 for more than 7 years. On June 4, 1962, she made a gift of the property to the appellant, Ram Dayal, on the basis that Ram Prasad was dead.3. The appellant, alleging that respondents forcibly took possession of the property, filed the suit for declaration that he was the owner of the property and for recovery of its possession.4. The respondents contended that Ram Prasad was alive on June 4, 1962, that his wife had no right to execute the gift deed and that the appellant was not in possession of the property at any time.5. The trial Court held that there was no proof that Ram Prasad was dead on June 4, 1962, and, therefore, his wife was not competent to execute...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC671; 1973LabIC430; (1973)ILLJ114SC; (1973)4SCC153; [1973]3SCR199; 1973(5)LC535(SC)
A.K. Mukherjea, J.1. This appeal by special leave is directed against a judgment of the High Court of Mysore by which that High Court disposed of several writ petitions in which the principal question at issue was a common question of law. The appellant was an officer of the old State of Mysore. After the States Reorganisation Act of 1956, he entered service of the new State of Mysore constituted under that Act. The question that has arisen is : what is the superannuation age of the appellant It is admitted that the appellant was entitled to the benefits of the service rules which obtained before his transfer to the new State of Mysore. The relevant rules are the Mysore Services Regulations as they stood on 1 November 1956. According to the appellant the age of superannuation is 60 years while according to the respondent the age of superannuation is 55 years. Difficulty has arisen for two reasons. First, there are two versions of the pre-1956 Service Regulations, one to be found in the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC786; 1973CriLJ565; (1973)3SCC690; [1973]3SCR136
A. Alagiriswami, J.1. This is an appeal against the judgment of the High Court of Allahabad altering the sentence of life imprisonment inflicted on the appellant by the Sessions Judge, Hamirpur, to one of death under Section 303 I.P.C. The main argument in this case has been about the legality of the conviction of the appellant under Section 303 I.P.C. though an attempt was also made to canvass the correctness of the judgment of the Sessions Judge awarding the sentence of life imprisonment.2. On 14-10-1964 the deceased Rati Ram and his brother Pooran, P.W. 1, had gone to their fields and Pooran and his servant Ganga, P.W. 4, were ploughing their fields. In another field belonging to Pooran the appellant was grazing his cattle. Rati Ram asked the appellant to take away the cattle from his field as it was not yet dry and grazing of the cattle would damage the field. The appellant refused to remove his cattle from the field and upon this there was an exchange of abuses between the two. Wh...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC799; 1973CriLJ577; (1973)4SCC10; [1973]3SCR179
C.A. Vaidialingam, J. 1. These three appeals by the complainant, by special leave, are against the common judgment and order dated August 10, 1969, of the Calcutta High Court in Criminal Revisions Nos. 238, 289 and 290 of 1969, setting aside the charge under Section 120B read with Section 409 I.P.C. framed against all the four accused and the charge under Section 409 IPC framed against accused Nos 1 to 3. The High Court by the same judgment, quashed the proceedings based upon the said charges, which were pending before the Presidency Magistrate, 7th Court, Calcutta in case No. C/34.43 of 1967.2. The appellant in all these three appeals, Amar Chand Agarwalla, filed a complaint before the Chief Presidency Magistrate, Calcutta, on November 21, 1967, on the basis of which the four accused persons, namely, Paramanada Agarwalla, Madan Mohan Gour, Jhumermal Agarwalla and Shanti Bose, were required to answer charges under Section 120B/409 and 409 IPC. These persons will be referred to as accus...
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