Court : Supreme Court of India
Reported in : AIR1973SC2655; 1973CriLJ1798; (1974)3SCC357; [1974]1SCR737
A. Alagiriswami, J.1. The two appellants were tried before the Presidency Magistrate, 4th Court, Calcutta for offences under Section 120B read with Section 420 and Section 511 read with Section 420 of the Indian Penal Code. The learned Presidency Magistrate held them guilty of both the offences and imposed a sentence of 1 year's imprisonment and a fine of Rs. 200 on each of the accused on the first charge and considered that no separate sentence was necessary in respect of the second, and the appeals filed by them in the High Court of Calcutta were summarily dismissed. The facts giving rise to these appeals are as follows :2. Appellant Sudhir Kumar Mukherjee was an employee in charge of soda lime department of M/s. Gluconate Limited, Calcutta, and appellant Sham Lal Shaw was the supplier of lime stone to the said firm. It appears that four bags of lime stone were needed every day. The procedure in respect of the supply was that Shaw used to bring the bags to Sudhir and present a chalan...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2699; 1975(0)BLJR429; 1973CriLJ1832; (1974)3SCC376; [1974]1SCR742
A. Alagiriswami, J.1. The two appellants in Crl. A.N. 54 of 1970 were tried before the Additional Sessions Judge of Bhagalpur for offences under Sections 302 and 394 of the Indian Penal Code and convicted by him for both the offences. On a reference made by the Additional Sessions Judge for confirmation of the death sentence awarded to them and two appeals filed by them, the High Court of Patna upheld their conviction under Section 394 but acquitted them of the offence under Section 302. The accused as well as the State of Bihar have appealed to this Court, the former in respect of their conviction under Section 394 and the State against their acquittal in respect of the offence under Section 302. The facts giving rise to these appeals are as follows :2. Ram Prasad Mandal, a resident of Bhagalpur, his wife Rukmini and their daughter Pushpa Devi were returning from Vellore, where the daughter underwent treatment. They were travelling from Calcutta to Bhagalpur by the Howrah Danapur Fast...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2773; 1974CriLJ1; (1973)2SCC808; [1974]1SCR722
H.R. Khanna, J.1. Kali Ram (40) was tried in the court of Sessions Judge Simla & Sirmur Districts for an offence under Section 302 Indian Penal Code for causing the death of Dhianu (60) and the latter's daughter Nanti (40). Charge was also framed against the accused under Section 392 read with Section 397 Indian Penal Code for having at the time of the occurrence committed robbery. The learned Sessions Judge convicted the accused under Section 302 Indian Penal Code and sentenced him to death. On appeal and reference, the High Court of Himachal Pradesh affirmed the conviction and the sentence of death. The accused thereafter came up to this Court in appeal by special leave.2. The prosecution case is that Dhianu deceased was suffering front leprosy. This disease had resulted in partially destroying the hands and feet of Dhianu. For about a couple of months before the present occurrence, Nanti, daughter of Dhianu, had been staying with him in his house in village Amrahi. There was no othe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC334; 1974CriLJ277; (1974)GLR151; (1974)0GLR1; (1974)3SCC565; 1974(6)LC52(SC)
Khanna, J.1. Five accused Ramanbhai Maneklal, Dhanji Venmalidas Jawansing Ukarasing, Virumai Mulchand and Chelaram Murajmal were tried in the court of the City Magistrate Ahmedabad, the first two for offences under Section 457 read with Section 380 Indian Penal Code and the last three for offences under Section 411 Indian Penal Code. The learned magistrate acquitted accused Nos. 1 to 3, while Virumal Mulchand accused No. 4 and Chelaram accused No. 5 were convicted under Section 411 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of nine months and pay a fine of Rs. 200 or in default to undergo rigorous imprisonment for a further period of one month. Virumal and Chelaram went up in appeal, but their appeal was dismissed summarily by the Gujarat High Court. These two accused have now come up in appeal to this Court by special leave.2. The prosecution case is that on the evening of January 9, 1969 between 8 and 10 p.m., a theft took place at the premises...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1803; 1974CriLJ1271; 1974MHLJ229(SC); (1974)3SCC490
H.R. Khanna, J.1. Five accused Laxman (30), Suka Sukhdeo (40), Jyotiram (40), Rajeram (45) and Ramdas (28) were tried in the Court of' the Sessions Judge Amravati under Section 302 read with Section 34 Indian Penal Code for causing the death of Sitaram (40). Learned Sessions Judge acquitted Ramdas and convicted the other four accused under Section 325 read with Section 34 Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 200 or in default to undergo rigorous imprisonment for a further period of three months. Two cross-appeals were filed against the judgment of the Sessions Judge. One of the appeals was by Rajeram against his conviction and sentence. The other appeal was by the State of Maharashtra praying that the conviction of the accused should have been under Section 302 read with Section 34 instead of Section 325 read with Section 34 Indian Penal Code. The Nagpur Bench of the Bombay High Court dismisse...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2658; (1973)2SCC773; [1974]1SCR707
P. Jaganmohan Reddy, J.1. The appellants who were the plaintiffs filed a suit against the respondents the defendants for partition, separate possession of their 7/20th share of suit properties and for mesne profits. The Trial Court decreed the suit, but the High Court dismissed it. This appeal is by special leave against that judgment.2. Prior to the Hindu Succession Act, XXX of 1956 (hereinafter referred to as 'the Succession Act') the parties were governed by the Aliyasantana Law and the question before us is whether their rights are to be determined in accordance with that Law or under the Succession Act. It is not disputed that Chandayya Shetty, who died on February 13, 1957 after coming into force of the Succession Act, and the first respondent are brother and sister respectively. The first appellant is the widow and appellants 2 to 6 are the sons of Chandayya Shetty, while respondents 2 to 4 are the sons of the first respondent. In order to appreciate the contentions urged before...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2701; (1973)IILLJ473SC; (1974)3SCC459; [1974]1SCR697; 1974(1)SLJ286(SC); 1973(5)LC882(SC)
K.K. Mathew, J.1. The appellant filed a suit for quashing the order passed by the Government of Andhra Pradesh on November 10, 1961 retiring him compulsorily on the basis of the finding in a disciplinary proceeding against him. The trial court decreed the suit. The Government of Andhra Pradesh appealed against the decree to the High Court. The High Court allowed the appeal and dismissed the suit This appeal, by certificate, is against that decree.2. The appellant was appointed in the service of Andhra Pradesh Government in 1940 as Clerk-cum-Typist in the Public Works Department. It is not necessary to trace the subsequent career of the appellant in the service. Suffice it to say that on June 7, 1952, he was posted as Office Superintendent in the Information and Public Relations Department and was confirmed in the post in 1956. The Deputy Director of Information and Public Relations Department, during the period from 1956 to 1957 was one Narsing Rao Manvi hereinafter referred to as Manv...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1153; 1974CriLJ809; (1974)3SCC494; 1974(6)LC43(SC)
Khanna, J.1. Samson Hyam Kemkar (35) was tried in the court of the learned Additional Sessions Judge Greater Bombay for an offence under Section 302 Indian Penal Code for causing the death of Lalta Prasad (50) and was acquitted. On appeal filed by the State of Maharashtra, the Bombay High Court reversed the Judgment of acquittal and convicted Samson under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life. Samson thereafter came up in appeal to this Court by special leave.2. The prosecution case is that the accused was inimical to Lalta Prasad deceased. The accused used to do illicit liquor business and suspected that information regarding the said illicit business was conveyed to the police by Lalta Prasad deceased. On August 1, 1966, at about 12 noon, it is stated Lalta Prasad deceased was present near the pan shop of Rammurat Tewari in Gondivali in Greater Bombay, for purchasing a pan. Rammurat Tewari was standing close to his shop, while his ten-year-o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2667; 1973CriLJ1801; (1973)2SCC688; [1974]1SCR662; 1973(5)LC814(SC)
A. Alagiriswami, J.1. This is an appeal against the judgment of the High Court of Punjab & Haryana dismissing the appellant's petition under Article 226 of the Constitution of India read with Section 491 Cr.P.C. for the issue of a writ in the nature of habeas corpus or any other appropriate writ, order or direction for his production before the Court and to be set at liberty. The appellant is a British citizen employed in the Accounts Branch. Head Post Office Brimingham and General Secretary of the United Kingdom Akali Dal. He came to India on 6-11-1972 to attend the Bhog ceremony of Sant Fateh Singh who died on 30th October, 1972. He was arrested on 16-11-1972 in pursuance of an order for his detention under the provisions of Sub-section (2) of Section 3 read with Section 3(1)(a) & (ii) of the Maintenance of Internal Security Act, 1971. This order was approved by the State Government on 27-11-1972. The Advisory Board's report in respect of the detention was made on 4-1-1973 and the St...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2734; 1973(0)KLT896(SC); (1973)2SCC713; [1974]1SCR671
D.G. Palekar, J.1. All the above cases involve a challenged to the Kerala Private Forests (Vesting and Assignment) Act 26 of 1971 (hereinafter called the Act) on the ground that the Act as a whole was violative of Articles 14, 19(1)(f)(g) and 31 of the Constitution.2. The lands involved are private forest lands situated in the former Malabar District which, after the States Re-organization Act, 1956, stood transferred from the old State of Madras to the new State of Kerala. As a result of the Act referred to above, these forest lands vest in the State, allegedly, as a measure of agrarian reform.3. The Writ Petitions are filed in this Court under Article 32 of the Constitution by several owners and/or lessees of large tracts of forest lands. The Civil Appeals are filed by the State of Kerala from the judgment and order of a full bench of the Kerala High Court (Reported in : AIR1973Ker36 in petitions filed in that court challenging the Act. The High Court held that the provisions of the ...
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