Court : Supreme Court of India
Reported in : AIR1979SC180; 1978CriLJ1859; (1979)0GLR99; (1979)1SCC295; [1979]2SCR138; 1979(11)LC196(SC)
V.D. Tulzapurkar, J.1. This appeal by special leave is directed against the judgment and order of the Gujarat High Court dated February 17, 1977 in Special Criminal Application No. 1 of 1977 filed under Articles 226 and 227 of the Constitution whereby the High Court reversed the order of the learned Sessions Judge, Broach in Criminal Appeal No. 39 of 1975 and sent the matter back to the learned Sessions Judge for passing an appropriate order in regard to the question as to whether the entire seized stock of exercise-books of the appellant or part thereof should be confiscated under Section 6A of the Essential Commodities Act, 1955. The question raised in the appeal is whether exercise books are covered by the item 'paper' occurring in Section 2(a)(vii) of that Act as also in Entry 13 of Schedule I to the Gujarat Essential Articles Dealers' (Regulation) Order, 1971 2. The question arises in these circumstances : The appellant Maharaja Book Depot is a partnership firm dealing in books an...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC289; (1979)2SCC468; [1979]2SCR148
A.P. Sen, J.1. This appeal by certificate is directed against the judgment of the Rajasthan High Court dated May 4, 1966 holding that inclusion of the disputed property in the list of wakfs published by the Board of Muslim Wakfs, Rajasthan under Sub-section (2) of Section 5 of the Wakf Act, 1954 is not binding on the respondents Nos. 1 and 2, the mortgagee-purchasers and restraining the Board from taking any steps under Section 36B of the Act for evicting them from the same.2. The subject matter in dispute is a two-storeyed building, known as Dharamshala or Musafirkhana, situate on Mirza Ismail Road at Jaipur. The building was constructed by the late Haji Mohammad Ali Khan, a Sessions Judge of the erstwhile Princely State of Jaipur, who owned a considerable estate, on a plot of land admeasuring 5 bighas and 3 biswas obtained from the Mehakma Mensa Aliya Council with the approval of the Ruler of Jaipur under a Patta dated February 23, 1886 for construction of a Haveli and Dharamshala. I...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC435; (1979)1SCC255; [1979]2SCR134; [1979]43STC1(SC); 1978(10)LC793(SC)
N.L. Untwalia, J.1. The Chief Commissioner, Union Territory, Chandigarh, has preferred this appeal by certificate from the decision of the High Court of Punjab & Haryana allowing the Writ Petition of the respondent and declaring the amendment of item 30 in Schedule B to the Punjab General Sales Tax Act, 1948, hereinafter referred to as the Act, invalid.2. The composite and the then existing State of Punjab was re-organised by the Punjab Re-organisation Act, 1966, Central Act 31 of 1966. The Union Territory of Chandigarh was carved out as one of the States on and from November 1, 1966. Under Section 6 of the Act no tax was payable on the sale of goods specified in Schedule B. The State Government could amend this Schedule and at the relevant time the power so conferred on the State Government was in the following terms :-The State Government after giving by notification not less than three months' notice of its intention so to do may, by like notification add or delete from Schedule B a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1356a; [1979(38)FLR38]; (1983)ILLJ232SC; (1979)3SCC762; [1979]2SCR126; 1978(10)LC930(SC)
Y.V. Chandrachud, C.J.1. The respondent, M/s. Perfect Pottery Co. Ltd., was engaged in the manufacture of stoneware pipes and other refractory material at its factory known as Perfect Pottery Works, where it employed about 900 workmen. For the purposes of its factory, respondent had taken a lease of Poly Pather Clay Mines, wherein about 81 workmen were employed. On April 24, 1967 respondent issued a notice of closure of the factory and the Mines stating, that the management had decided to close down the business on account of financial difficulties and other reasons.2. Consequent upon the notice of closure, the appellant herein, the Pottery Mazdoor Panchayat, applied for initiation of conciliation proceedings to the Deputy Labour Commissioner, Madhya Pradesh and to the Regional Labour Commissioner (C), Jabalpur. The reason for initiation of two different conciliation proceedings was that Perfect Pottery Works was an industry to which the Madhya Pradesh Industrial Relations Act, 1960, a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC702; 1980CriLJ817; (1979)3SCC774; 1979(11)LC139(SC)
V.D. Tulzapurkar, J.1. The appellant-accused was sentenced to death by the second Temporary Civil and Sessions Judge, Kanpur under Section 302 IPC for committing the murder of his uncle Phool Ghand in Sessions Case No. 279 of 1972 on November 25, 1972, which conviction and sentence were confirmed by the Allahabad High Court in Criminal Appeal No. 3336 of 1972 and Reference Case No. 128 of 1972. He has challenged his said conviction and sentence in this appeal by special leave granted on December 2, 1975. 2. The incident during the course of which Phool Chand was assaulted by the appellant-accused with a 'Karauli' inflicting numerous injuries is said to have taken place on March 16, 1972, at about 6.00 p.m. in the 8 Biswa field of Phool Chand in village Bhagwantpur and the motive for the assault was property dispute. Briefly stated the prosecution case was that deceased Phool Chand, whose only daughter had died some 16/17 years ago, had brought his son-in-law Salig Ram and three grand s...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC135; 1979CriLJ51; (1978)4SCC371; [1979]2SCR94
R.S. Sarkaria, J.1. This appeal is directed against a judgment, dated December 2/4, 1972, of the High Court of Bombay, whereby it converted the acquittal of the appellants herein, into a conviction under Section 302 read with 34, Indian Penal Code.2. According to the prosecution, Damji had illicit relations with Smt. Bachibai, wife of Dana Ravji Patel, appellant, who was original accused No. 1 at the trial. Dana was aware of these relations, and about two to four months before the occurrence, he had threatened to kill the deceased. Damji deceased, along with his wife and daughter, was living in a room in Building No. 3, Bhaveshwar Nagar, Ghatkopar, Bombay.3. On November 29, 1969, at about 7 p.m, the deceased was returning home on his bicycle. When he entered the lane adjacent to the said Building No. 3, both the appellants assaulted him with knives. Pramila (P.W. 2), aged about 13 years, the daughter of the deceased was sitting on a charpoy in the compound of Building No. 3. This compo...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1979]118ITR277(SC); (1979)1SCC258; [1979]2SCR109; 1978(10)LC808(SC)
V.D. Tulzapurkar, J.1. These appeals by certificate under Article 133(1) of the Constitution raise an important question whether an assessee having once exercised the option regarding the method of computation of his agricultural income by filing the requisite declaration alongwith his return is entitled to change the option under the U.P. Agricultural Income Tax Act, 1948 2. The appellant-assessee (The Delhi Cloth and General Mills Company Limited, Delhi) is a company registered under the Indian Companies Act and has certain agricultural farms at Daurala in Meerut District from which it derives agricultural income chargeable to levy of agricultural income tax and super tax under Section 3 of the U.P. Agricultural Income-Tax Act, 1948 (hereinafter called 'the Act'). Section 6(2) of the Act provides two alternative methods of computation of agricultural income, (a) Rental method (multiple of Annual Rental income) mentioned in Clause (a) or (b); Produce method (subject to deductions) men...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC716; 1979CriLJ655; (1979)3SCC366; 1979(11)LC161(SC)
V.D. Tulzapurkar, J.1. This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 10, 1976 (in Criminal Appeal No. 503 of 1976 and Reference No. 9 of 1976) upholding the conviction of the appellant under Section 302 IPC and confirming the sentence of death awarded to him by the Third Additional Sessions Judge, Pilibhit on March 20, 1976 in Sessions Trial No. A-9 of 1975. 2. The prosecution case, briefly stated, was that on April 10, 1975 at about 8 or 9 p. m Km. Hazrati, since deceased, aged about 14 years took food for her brother Kadir Baksh (PW 1) to the field of Sarpanch Shyam Behari (PW 4) in village Imalia, where he had gone along with others to cut wheat crop. After serving food to her brother Hazrati started returning to the village with the utensila (Tiffin Carrier, Lota, Glass, etc,) but she did not reach home. When Kadir Baksh returned home in the village at about noon, he was informed by his mother that Hazrati had not c...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1979)3SCC362; 1979(11)LC131(SC)
V.D. Tulzapurkar, J.1. This appeal by special leave is directed against the conviction under Section 304A I.P.C and sentence of one year's rigorous imprisonment and a fine of Rs. 1,000/- imposed upon the appellant by the Bombay High Court in Criminal Appeal No. 873 of 1970. The appellant was acquitted by the learned Presidency Magistrate, 22nd Court, Andheri Bombay but the High Court reversed his acquittal.2. On July 19, 1969 at about 10.00 a.m. Vasudeo Patal (P.W. 5) a domestic servant aged about 15 years was escorting two young children of his master, the deceased girl Priti aged about 7 years and her brother Pankaj aged about 9 years, to their school. All the three were walking on the eastern foot-path of Tejpal Road at Vile Parle (a suburb of Bombay) proceeding from South to North. The appellant accused was driving his lorry bearing No. MRS/5167 at that time on that road and was proceeding in the opposite direction (i.e. from North to South). Tejpal Road, admittedly, is 29.5 ft. wi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC228; (1978)IILLJ34SC; (1979)2SCC378; [1979]2SCR82; 1979(1)SLJ257(SC); 1978(10)LC831(SC)
R.S. Sarkaria, J.1. This appeal by special leave is directed against a judgment dated December 12, 1977 of the High Court of Allahabad.2. The appellant herein, Shri B.L. Goel, is a District and Sessions Judge and as such a Member of U.P. Higher Judicial Service. The sanctioned permanent strength of the Higher Judicial Service was 82. It comprised (i) 37 posts of District and Sessions Judges and (ii) 45 Civil and Sessions Judges, including five posts of leave reserve. The service includes substantive posts as well as temporary posts. The appointments to the posts of Civil and Sessions Judges are made from two sources :(a) By promotion from the members of the U.P. Civil Service (Judicial Branch); and(b) By direct recruitment after consultation with the Court (vide Rule 5).Under Rules 13 and 17 of the U.P. Higher Judicial Service 1953 (hereinafter referred to as the 1953 Rules) waiting lists were to be prepared of the persons found fit for promotion or appointment to the higher service. R...
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