Court : Supreme Court of India
Reported in : AIR1975SC118; 1975CriLJ66; (1975)3SCC266
R.S. Sarkaria, J.1. Nachhittar Singh, aged 40 years and his son Jagjit Singh, aged 21 years residents of Rurke Khurd were tried by the Additional Sessions Judge, Barnala for the murder of their co-villager Dan Singh. Nachhittar Singh was convicted under Section 302, Penal Code and sentenced to death while Jagjit Singh was convicted under Section 302 read with Section 34, Penal Code and sentenced to imprisonment for life. On appeal, the High Court of Punjab and Haryana acquit ted Jagjit Singh but upheld the conviction of Nachhittar Singh and confirmed the sentence of death inflicted on him.2. Nachhittar Singh appeals after obtaining special leave, to this Court. The prosecution story was as under:About four months before the occurrence in question the police arrested on the basis of secret information given by Dan Singh deceased, Isher Singh, the brother of the appellant for being in possession of illicit opium. For that reason, Nachhittar Singh was nursing a grudge against the deceased...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2241; (1974)2SCC730; [1975]2SCR188; 1974(6)LC675(SC)
H.R. Khanna, J.1. This is an appeal by special leave against the judgment of the Allahabad High Court affirming on appeal the decision of the trial court whereby a decree for possession of the property in dispute had been awarded in favour of Capt. J. N. Mitra deceased-plaintiff, now represented by Rama Krishna Mission and other respondents, against Smt. Dayali Devi and Smt. Deva Devi deceased-defendants, now represented by Sant Narain Mathur and other appellants. Although the question involved in appeal lies within a narrow compass, the case has a long history going back to the end of the last century, and it would, therefore, be necessary to set out the detailed facts. 'Dr. Chandan Singh who hailed from Pilibhit settled in Dehra Dun towards the end of the last century. Dr. Chandan Singh had two soni Tegh Singh and Shamsher Singh and two daughters Deva Devi and Lachmi Devi. Dayali Devi was the wife of Shamsher Singh. On March 26, 1897 Dr. Chandan Singh executed a will. After making pr...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1975)2SCC323; 1974(6)LC668(SC)
Mathew, J.1. This appeal, by certificate, is directed against a judgment and decree of the High Court of Jammu and Kashmir where a Division Bench of the High Court allowed an appeal filed by the State of Jammu and Kashmir from decree for recovery of money in favour of the plaintiff appellant.2. The appeal was originally disposed of ex parte as the respondents did not appeal before this Court to contest the appeal Subsequently, on the motion of the respondents the decree was set aside. This is how the appeal has come up for hearing again.3 The facts of the case lie in a short compass The appellant offered to supply milk to the S.M.H.S. Hospital, Srinagar, in pursuance to a tender notice issued by the Superintendent of the Hospital at the rate of Rs. 15.90 per maund. The offer was accepted on March 20, 1961, an i the agreement was for supply of milk from April 1, 1961, to March 31, 1962. A formal contract recording the agreement between the parties was drawn up on May 17, 1961. One of th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2247; (1975)1SCC238; [1975]2SCR184; 1974(6)LC665(SC)
V.R. Krishna Iyer, J.1. This appeal, by certificate, arises out of land acquisition proceedings under the Hyderabad Land Acquisition Act (Hyderabad Act IX of 1309 Fasli) (hereinafter called the Act, for short) which substantially resembles the provisions of the Central Land Acquisition Act.2. The Government of Andhra Pradesh acquired a large open area with some buildings thereon by Notification, dated January 3, 1957 with a view to construct Income-tax and Central Excise Offices at Hyderabad. The contest before us is confined to the quantum of compensation and, although Shri Vasudeva Pillai, counsel for the appellants, has pressed his points with presistence, we are unable to disturb the High Court's award.3. The land, vast in extent, had a building with a plinth area of 3,300 sq. yds. The area in which the acquired plot is situate is perhaps an important one in the City. After getting expert valuation made of the buildings by the Central Public Works Department engineers, the Collecto...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC64; 1975CriLJ33; (1975)3SCC249; [1975]2SCR161
P.N. Bhagwati, J.1. This petition is directed against the validity of an order of detention dated 26th July, 1972 made by the District Magistrate, Midnapur under Section 3 of the Maintenance of Internal Security Act, 1971. The petitioner has urged several grounds before us, but it is not necessary to refer to them since there is one ground which is, in our opinion, sufficient to dispose of the petition in favour of the petitioner. To appreciate this ground it is necessary to notice a lew facts.2. The order of detention was made by the District Magistrate on 26th July, 1972 and on the same day he made a report to the State Government. The State Government approved the order of detention on 5th August, 1972 and a report was made by it to the Central Government on the same day. It appears that the petitioner was absconding and he could not, therefore, be arrested pursuant to the order of detention until 24th October, 1972. When the petitioner was arrested on 24th October, 1972, the order ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC17; (1974)2SCC777; [1975]2SCR138
P. Jaganmohan Reddy, J.1. These appeals raise a common question as to whether Dumpers, Rockers and Tractors are motor vehicles within the meaning of the relevant State Motor Vehicles Taxation Acts, and are accordingly taxable thereunder. Apart from these appeals, Bolani Ores Ltd.-Appellant in Civil Appeal No. 1816 of 1968-has filed a writ petition challenging the Constitutional validity of the Bihar and Orissa Motor Vehicles Taxation Act, 1930. The question raised in the writ petition will only arise for determination, if the judgment of the High Court of Orissa is held to be valid otherwise the question of the Constitutional validity of the Bihar and Orissa Motor Vehicles Taxation Act (hereinafter referred to as 'the Taxation Act') does not fall for determination as that would be purely academic.2. The two Civil Appeals Nos. 1816 of 1968 and 1817 of 1968 arise out of two suits-one filed by Bolani Ores Ltd. and the other by Orissa Minerals Development Company Ltd., respectively, for a ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC5; (1975)3SCC448; [1975]2SCR127
H.R. Khanna, J.1. This appeal by certificate under Article 133(1)(a) of the Constitution has been filed by the State of Mysore and the Electrical Inspector to the Government of Mysore against the judgment of Mysore (now Karnataka) High Court whereby that court in a petition under Article 226 of the Constitution quashed the demand made by the appellant State calling upon the West Coast Papers Mills Ltd. respondent company to pay electricity tax under the Mysore Electricity (Taxation on Consumption) Act, 1959 (Mysore Act No. 14 of 1959) (hereinafter referred to as the Act). The two questions which arise for determination in this case are:(1) Whether electricity tax is chargeable on the quantity of electrical energy lost in the course of transmission; and(2) Whether the respondent company is liable to pay electricity tax on the quantity of electrical energy used by it for generation of further electrical energy.The High Court answered both the questions in favour of the respondent company...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC123; (1975)1SCC55; [1975]2SCR166
M.H. Beg, J.1. We will detail facts leading up to the live Civil Appeals, which were heard together, before formulating and deciding the common questions of law raised by them.2. Civil Appeal No. 1402 of 19 74 arises out of fourteen applications, including that of the appellant before us, Ajantha Transports (P) Ltd., which were considered on 29th December 1971 by the Regional Transport Authority, Coimbatore, for the grant of a 'stage carriage permit to ply an additional bus on the route from Coimbatore to Sathyamangalam via Koilpalayam and some other places. Five of these were rejected on the preliminary ground that the prescribed fees had not been paid. One was withheld from consideration for want of Income tax Clearance certificate. One applicant was found disqualified, under Section 62(A)(c) of the Motor Vehicle Act as amended by the Tamil Nadu Amendment Act 16 of 1971, because he already had more than ten permits. Out of the remaining seven applicants, the highest scorer, according...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC529; 1975MhLJ19(SC); (1974)2SCC596; [1975]2SCR123
A.N. Ray, C.J.1. This appeal is by certificate from the judgment dated 18 March, 1968 of the High Court of Bombay.2. The respondent filed the suit against the appellant Municipality for the recovery of Rs. 1,00,012/- as damages suffered to the respondent's property on account of flood caused by acts of gross negligence on the part of the appellant. The High Court passed a decree in favour of the respondent for Rs. 54,560/- with interest at 6% per annum.3. The respondent has a structure abutting on the Yacoob Road. The width of Yacoob Road is about 12 feet. On the other side of the road is an open nallah running parallel to the road. The nallah is about 45 feet in width. The nallah provides for passage of dirty water, rain water to the creek during the months of November to May.4. The Government of Maharashtra demolished a portion of Varala Dam in the month of May, 1963. In consequence the water stored in the lake was bound to pass through the nallah to the creek. The appellant commence...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1; [1975(30)FLR87]; 1974LabIC1443; (1974)IILLJ514SC; (1975)4SCC584; [1975]2SCR115; 1974(6)LC625(SC)
K.K. Mathew, J.1. In all these writ petitions and civil appeals, the question for consideration is practically the same. They are, therefore, disposed of by this common judgment.2. We will take up for consideration Civil Appeals No. 366-371 of 1974, 821-823, 1792, 1793 of 1973 and 1718-1721 of 1972.3. The appellants in Civil Appeals No. 366-371 of 1974, 821-823, 1792, 1793 of 1973 and the respondents in 1718-1721 of 1972 were working as clerks in the Posts and Telegraphs Department. The appellants mentioned above were selected and appointed as Wireless Licence InspectOrs. The selections were made in accordance with the provisions of Rule 279/4 of the Posts and Telegraphs Manual, Vol. IV (Establishments). The rule was promulgated by the Director General of Posts and Telegraphs with effect from March 1, 1967 The rule stated that appointments to the post of Wireless Licence Inspectors in any Division are to be made from amongst the clerks working in the Division subject to certain excepti...
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