Court : Supreme Court of India
Reported in : AIR1991SC414; JT1990(4)SC547; 1991Supp(1)SCC136
1. This civil appeal is from the order of the High Court answering in the affirmative and against the accountable person the following question of law :Whether on the facts and in the circumstances of the case and on a proper consideration of the settlement deed dated 15-5-50, the value of the property by name 'Albany' is includible in the estate of the deceased.2. In the deed of settlement dated 15-5-50 it is clear that the settlement was absolute subject to the obligation of payment of the income during the lifetime of the settlor and after his death to his second wife.3. Section 164 of Mulla's Principles of Mohamedan Law, 18th Edition at page 174 deals with Gift with a condition and states that when a gift is made subject to a condition which derogates from the completeness of the grant, the condition is void, and the gift will take effect as if no conditions were attached to it.4. Thus, Mohamedan Law makes a distinction between the corpus of a gift (Ayn) and the usufruct (Manafi). ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC216; JT1991(5)SC299; 1991LabIC241
ORDER1. On the basis of a letter addressed to the Court Writ Petition No. 1262 of 1987 was registered as an application under Article 32 of the Constitution. Thereafter, the other petitions have been registered. The main grievance raised in the writ petitions is that while the bulk of the manufacturing process of Bidis is carried outside the factories by women and children in their respective residences, with the raw materials supplied by the factory owners and the manufactured bidis are collected by them, the actual rollers are not being paid their legitimate dues and have been deprived of sharing the several benefits provided by beneficial statutes and employment contrary to law is being tolerated and no attention is being devoted in enforcing the statutory provisions.2. When the original, writ petition came, we requested Mr. Hardev Singh, senior Counsel for appearing as amicus curiae in support of the petition. In due course the Society for Community Organisation Trust operating wit...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1993)ILLJ168SC
ORDERMr. Kochu Thommen, J.1. Delay condoned.2. Special leave granted.3. Heard parties. We have perused the records. We are of the view that the departmental enquiry should be stayed till the trial which is stated to be, pending in the Court of the, Chief Metropolitan Magistrate, Madras is completed. The enquiry shall accordingly stand stayed. However, it will be open to the respondents to proceed with the enquiry, if they so choose, after the Trial Court has rendered its judgment, whether or not any appeal is taken from that judgment to a higher court. We are told that the trial has been pending since May, 1989, and many witnesses have already been examined. Accordingly we expect the Trial Court to complete the trial within three months from the date of receipt of a copy of this judgment.4. In the circumstances, the appeal is disposed of with no order as to costs....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC257; JT1990(4)SC265; 1990(2)SCALE853; 1991Supp(2)SCC605; [1990]Supp2SCR475; 1990(2)LC715(SC)
ORDERKuldip Singh, J. 1. Kissi was the sister of two brothers named Kisso and Ditto. Santi married these two brothers one after the other. She first married Kisso from whom she gave birth to a son named Buta. After the death of Kisso she remarried the other brother Ditto. Ditto also died issueless. Buta who was born out of the wedlock of Kisso and Santi also died leaving a daughter named Mohindero.2. On the death of Ditto the mutation of his estate was sanctioned in the name of the Santi being his widow. She was, thus, in possession of the land-holding of Ditto as a life-estate. Santi executed a gift-deed dated December 27, 1955, of the said land, in favour of Mohindero daughter of her son Buta. The Hindu Succession Act, 1956 (hereinafter called 'the Act') came into force with effect from June 17, 1956. Santi died on October 6, 1956.3. Kissi filed a suit for possession on the ground that under the law she was a preferential heir and the suit property had been illegally mutated in the n...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC263; 1991Supp(2)SCC430
1. This appeal is directed against the Judgment and order of the Punjab and Haryana High Court dated March 20, 1974 whereby regular second appeal No. 1432 of 1968 preferred by the appellant herein before the High Court was dismissed as having abated.2. The facts are straight and simple. Rikhi and Nanu were two brothers, Nanu had a son by the name of Nagar and Rikki had three sons - Matu, Chandan and Pahlada. Zilla Singh the appellant herein is the son of Chandan. On the death of Nagar his agricultural estate was mutated in the revenue papers in the name of his widow Sarupi. She also succeeded to his house. Zilla Singh appellant claiming himself to be an adopted son of Nagar filed a suit for possession in the Court of Sub-Judge, Ist Class, Panipat alleging (1) that Nagar left no widow at all much less by the name of Sarupi and (2) of being the adopted son was Nagar was entitled to succeed to the estate. The trial Court partially decreed the suit holding that Sarupi was the widow of Naga...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC492; (1991)1MLJ42(SC); (1991)2SCC139
1. This appeal by special leave is against the judgment and decree dated 17-12-75 of the High Court of Madras in Second Appeal No. 1835 of 1974.2. The suit property is a piece of agricultural land. It fell to be settled on Saradammal under a Compromise Decree dated 24-7-1963 between her and other members of a joint family. Having acquired title thereto, she executed a registered Lease Deed in favour of the appellant on 2-8-1963 conferring on him a tenure of five years. During the course thereof, as it appears, on 14-9-1966 she settled the holding in favour of her brother, the respondent herein, but by a deed which was not registered. On 1-8-1967, Saradammal died. On 4-9-1968, the respondent sent a notice to the appellant asking him to pay the arrears of rent but the notice was not responded to. Finally, on 13-9-69, the respondent filed the present suit seeking arrears of rent and eviction from the suit property.3. The defence of the appellant was that he was not aware of the settlement...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC672; JT1990(4)SC267; 1990(2)SCALE907; 1991Supp(1)SCC81; [1990]Supp2SCR480; 1991(1)LC75(SC)
ORDERT.K. Thommen, J. 1. These appeals by special leave arise from the judgments of the Orissa High Court in O.J.C. No. 3235 of 1988 and O.J.C. No. 3100 of 1988. The High Court dismissed the appellants' writ petitions praying for a declaration that the Orissa Forest Produce (Control of Trade) Act, 1981 ('Act 22 of 1981') and the Notification No. 6F-10/88/21691/FFAH dated September 2-1, 1988 issued Under Section 1(3) of the said Act have no application to the contracts entered into between the appellants and the State of Orissa and for a direction to prohibit the respondent-State from enforcing the provisions of the said Act in pursuance of the said notification in respect of the said contracts and to allow the appellants to cut and remove bamboos from the areas covered by the contracts. One of the appellants in C. A. No. 4347 of 1988, namely, Straw Products Ltd. filed Writ Petition No. 474 of 1989 under Article 32 of the Constitution for a declaration that Ordinance No. 1 of 1989, the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC339; 1991CriLJ431; JT1990(4)SC318; 1990(2)SCALE861; (1991)1SCC339; 1991(1)LC215(SC)
ORDERK. Jayachandra Reddy, J.1. This appeal is directed against the judgment of the High Court of Allahabad confirming the convictions and sentences awarded to the four appellants by the trial court. These four appellants alongwith two others were tried for offences punishable under Section 302 read with Section 149, Section 324 read with Section 149, Section 325 read with Section 149 and Section 323 read with Section 149 I.P.C. The trial court convicted the four appellants herein under Section 302 read with Section 149 and sentenced each of them to undergo imprisonment for life. They are also convicted under Section 147, 148 and Section 324 read with Section 149 I.P.C. The trial court acquitted the other two accused. The convicted accused as well as State preferred appeals. The High Court while dismissing the appeal by the State converted the conviction of the other four namely appellants herein to one under Section 304 Part II read with Section 149 and sentenced each of them to rigor...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC478; 1991Supp(1)SCC215
ORDER1. In this writ-petition, the petitioner M/s. Kashi Ram Chemical (India) has questioned the legality of certain proceedings initiated by the Haryana State Financial Corporation against the petitioner in the matter of recovery of certain debts due to it by putting-up certain hypothecated properties for sale by public auction in exercise of its statutory powers. It would appear that the auction was conducted on 29-3-1990 on the very day this writ-petition came up for consideration before the Court. The Court made an interim-order that if any bids were received at the auction, their confirmation should be stayed gelding disposal of the writ petition.2. Subsequently, the dispute between the Corporation and the petitioner appears to have been settled. It would appear that the entire amount due to the Corporation as claimed has been paid. Petitioner has produced a receipt dated 21-9-1990 for the sum of Rs. 1,66,132.30 p. which along with a sum of Rs. 5 lakhs earlier paid is stated to sa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1171; 1991CriLJ1415; 1991Supp(1)SCC198
ORDER1. In this complaint of contempt of Court, complainant alleges a wilful disobedience by the H.P. Tourism Development Corporation of the directions of this Court made on 2-12-1988, in CA 6144 of 1983 in that respondents despite the specific directions in the order for restoration of complainant's seniority in service over and above two other officers, viz., N.K. Sharma and H.R. Choudhary, the said Corporation had resorted to hairsplitting technicalities in order to deny to the complainant the benefit of the order of this Court. It is urged that if the complainant's seniority had been so restored in accordance with the order the case of the complainant for promotion to the post of Deputy General Manager would require consideration with effect from 28-5-1982 on which date his admitted-juniors had been promoted entitling complainant also to all the monetary benefits of such promotion. What the corporation-is said to have done is that while it reviewed the promotions with effect from 2...
Tag this Judgment!