Court : Supreme Court of India
Reported in : AIR1976SC1991; 1976CriLJ1545; (1976)2SCC215
R.S. Sarkaria, J.1. Kakoo, aged 13 years, was convicted for committing rape on a child of two years and was sentenced to four years' rigorous imprisonment. His conviction has been maintained by the High Court of Himachal Pradesh. Kakoo appeals to this Court by special leave granted under Article 136 of the Constitution, limited to the point of sentence.2. Mr. Kohli, appearing for the appellant submits that if the main object of punishment is to reform the prisoner and to reclaim him to society, the prolonged detention of the minor appellant in the company of hardened criminals would surely be subversive of that object. It is stressed that at the time of commission of the crime the appellant was only 13 years of age and the best way of reforming this child delinquent is to put him back under the supervision of his father subject to the execution of a bond by the latter for his son's good behavior for a certain period. In the alternative, it is urged, that the sentence be reduced to the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)4SCC482
H.R. KHANNA, J.1. The short question which arises for determination in this appeal by certificate against a Full Bench decision of Allahabad High Court is, whether a person who owns some agricultural land can be assessed to tax under U.P. Agricultural Income Tax Act, 1948 (hereinafter referred to as “the Act”) in respect of agricultural income derived from land which was no longer held in the assessement year or previous year. The High Court answered this question in the affirmative.2. The appellant was a talukedar of an estate consisting of several villages in the districts of Faizabad, Gonda, Sultanpur, Barabanki and Lucknow. On July 1, 1952 the major part of the estate belonging to the appellant vested in the State of Uttar Pradesh by virtue of a notification issued under the U.P. Zamindari Abolition and Land Reforms Act. What remained with the appellant were parts of some villages within the municipal limits of Faizabad and Gonda.3. During the years 1360, 1361 and 1363 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1066; (1976)3SCC665
A.C. Gupta, J.1. This appeal by special leave arises out of a proceeding started suo motu by the Additional Assistant Settlement Officer, Chittoor, under Section 15(1) of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. Section 15(1) reads:Determination of lands in which the land-holder is entitled to Ryotwari Patta under foregoing provisions:(1) The Settlement Officer shall examine the nature and history of all lands in respect of which the landholder claims a ryotwari patta under Sections 12, 13 or 14, as the case may be, and decide in respect of which lands the claim should be allowed.The first respondent who purchased the land in question on May 12, 1950 claimed a ryotwari patta in respect of the same under Section 13(b)(iii) which is in these terms:13. Lands in inam estate in which land-holder is entitled to ryotwari patta: In the case of an inam estate, the land-holder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1073; 1976LabIC698; (1976)IILLJ95SC; (1976)3SCC83; 1976(8)LC282(SC)
V.R. Krishna Iyer, J.1. The appellant who has come up to this Court by special leave challenges the judgment of the High Court whereby the first respondent's dismissal which had been set aside by the trial court, has been restored. The first respondent was a head-clerk in the Dayanand Mahavidyala Degree College, Varanasi, an institution affiliated to the Banaras Hindu University. The controversy raged round the question as to whether re-instatement could be ordered of a servant who has been dismissed by the College authorities on the footing that the institution is a statutory body. Whatever might have been the prior state of the precedents, in the light of the decision in Executive Committee of Vaish Degree College Shamli and Ors. v. Lakshmi Narain and Ors. (1) we are satisfied that the institution which is the appellant before us is not a creature of statute but an entity like a company or a co-operative society or other body which has been created under the operation of a statute. T...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2013; 1976CriLJ1556; (1976)3SCC401
R.S. Shinghal, J.1. This appeal of Banka Nayako, Radhakrishna Choudhury and Dandapani Choudhury, by special leave, is directed against the appellate judgment of the Orissa High Court dated February 10, 1971, upholding their conviction for an offence under Section 302/34, I.P.C. and sentence of rigorous imprisonment for life.2. It is not in dispute, and is in fact admitted, that there was a long standing dispute between Ramchandra Choudhury (P.W. 1) on the one side, and appellants Radhakrishna Choudhury and Dandapani Choudhury on the other. Appellant Banka Nayako is the servant of Radhakrishna Choudhury. The dispute related to partition of joint family properties, and gave rise to several civil and criminal cases. Saita Naik was the servant of Ramchandra Choudhury (P.W. 1) and was his supporter in the litigation. He had also started some criminal cases against the appellants and was a witness for Ramchandra Choudhury (P.W. 1) in some cases against the accused. He was involved in some ca...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1091; (1976)3SCC85; 1976(8)LC289(SC)
P.K. Goswami, J.1. This is an appeal by certificate of the Allahabad High Court under Article 133(1)(a) of the Constitution. The appellant is the plaintiff, the Municipal Board, Lucknow (hereafter briefly the Board). The Board instituted a Civil Suit being numbered 25 of 1953 in the Court of Civil Judge, Lucknow, on 4th March, 1953, against seven defendants. The Board prayed for a decree for accounts to be passed against the defendants after their rendering of accounts, a decree for such amount as may be found due or in the alternative a decree for the sum of Rs. 69,642/6/6 against the defendants. The written statements were filed on behalf of defendants 1 to 3, 5 and 7. Defendants 4 and 6 admittedly migrated to Pakistan and their property was declared evacuee property by the Custodian under the Administration of the Evacuee property Act, who was impleaded as defendant No. 7.14 issues were framed and only the following two issues were taken up for preliminary hearing:Issue No. 6:Is the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1005; 1976CriLJ725; (1976)2SCC191; 1976(8)LC292(SC)
A.C. Gupta, J.1. The Assistant Sessions Judge, Mirzapur, convicted appellant Kaltu and Jai Ram under Section 323 and Section 323/34 respectively of the Indian Penal Code for causing simple hurt to one Jawahar and sentenced each of them to rigorous imprisonment for three months.2. Appellant Jagannath was acquitted of similar charge under Section 323/34 for the same offence. The Assistant Sessions Judge also acquitted Jagannath of the charge under Section 308 of the Indian Penal Code, and appellants Jai Ram and Kallu of the charge under Section 308/34 framed against them for the injury sustained by the complainant Nar Singh All the three appellants were acquitted of the further charge under Section 324/34 for the injury suffered by one Rameshwar, Jai Ram and Kallu appealed to the Sessions Judge, Mirzapur, against their conviction and the complainant Nar Singh preferred an appeal to the Allahabad High Court challenging the acquittal of the three accused of the charges relating to the inju...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1008; 1976CriLJ727; (1976)2SCC217; [1976]3SCR497; 1976(8)LC277(SC)
R.S. Sarkaria, J.1. This appeal by special leave is directed against a judgment of the High Court of Rajasthan. It arises out of these facts:2. There is an office of the Works Manager, Northern Railway at Bikaner. Among others, the duty of this office is to issue Railway Passes to the Railway employees and their dependent family members for railway travel. Sita Ram and Ganesh Ram were at the relevant time working as Pass Clerks in the office of the Works Manager. Bajrang Lal and Ram Kuban, though posted as Khalasis in the Railway Carriage Shop, were associated with the work of issuing passes the office of the Works Manager. The office used to receive applications from Railway employees of the different Sections under the Works Manager duly forwarded by the Foreman Incharge of the respective sections for issue of the Railway passes. It was the duty of the office hands to check the correctness of the applications and the genuineness of the signatures of the forwarding officers before pre...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1910; (1976)2SCC236; [1976]3SCR493; 1976(8)LC373(SC)
Y.V. Chandrachud, J.1. The appellant owned a land, Survey No. 72, at Shiroli in the district of Kolhapur. The land was held by the appellant for the performance of miscellaneous inferior services and was classified as a Huzur Sanadi In am land. Respondents have been in possession of a portion of the land as tenants and were declared as purchasers under the Bombay Tenancy and Agricultural Lands Act, LXVII of 1918 (hereinafter called the Tenancy Act). Consequent upon the declaration, the Agricultural Lands Tribunal, Hatkanagale, fixed the price of the land under Section 32G of the Tenancy Act. That decision was confirmed in appeal by the Special Deputy Collector, Kolhapur, and in revision by the Maharashtra Revenue Tribunal. The appellant filed a petition in the Bombay High Court under Article 227 of the Constitution to challenge the decision of the Revenue Tribunal but that petition was dismissed summarily by a lean ed Single Judge. This appeal by special leave is directed against the o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1599; (1976)2SCC455; [1976]3SCR445
S. Murtaza Fazl Ali, J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') by Venkata Reddy who was respondent No. 1 in the election petition filed before the High Court of Andhra Pradesh. The appeal arises out of the general elections held to the Andhra Pradesh Legislative Assembly in March 1972 from Gooty Assembly constituency. The appellant Venkata Reddy, T. Papa Sab and R. Sultan (the election petitioner before the High Court) applied for congress ticket for the Gooty Assembly Constituency seat. The District Congress Committee, Anantapur recommended the names of R. Sultan, Papa Sat and Ramachandra Goud but did not recommend the name of the appellant. The Andhra Pradesh Provincial Congress Committee, however, recommended the name of R. Sultan the first respondent alone. This recommendation appears to have been accepted by the All India Congress Committee which gave the congress ticket to the first respondent R....
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