Court : Supreme Court of India
Reported in : AIR1967SC1761; [1967]3SCR687
Bhargava, J. 1. One Ramji Dass died leaving behind a widow, Smt. Bhagwani. At the time of his death, he owned some land and a house. 4 bighas and 17 biswas of the land were mortgaged by Smt. Bhagwani on 2nd May, 1948 in favour of respondent No. 3, Babu Ram. Later, on 22nd August, 1949, she executed a deed of gift in respect of the house and the land covering an area of 50 bighas and 14 biswas in favour of Smt. Kala Wanti who was related to her as a grand-niece. Sawan Ram appellant instituted a suit for a declaration that both these alienations were without legal necessity and were not binding on him, claiming that he was the nearest reversioner of Ramji Dass, being his collateral. In that suit, Smt. Bhagwani, the donee, Smt. Kala Wanti, respondent No. 1, and the mortgagee, Babu Ram, respondent No. 3, were impleaded as defendants. That suit was decreed and Smt. Bhagwani went up in appeal to the High Court. During the pendency of the appeal, Smt. Bhagwani adopted respondent No. 2, Deep C...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1637; [1967]3SCR703
Mitter, J. 1. This is an appeal by a certificate granted by the High Court of Andhra Pradesh against a judgment and order of that court dated March 4, 1963. The appeal is by a receiver appointed in a suit under the provision of s. 92 of the Code of Civil Procedure with the object of the applying for setting aside a sale of certain properties belonging to a choultry. 2. The facts shortly are as follows :- The second respondent before this Court obtained a decree in O. S. No. 116 of 1949 of Sub-Court. Vijayawada against Tammana Tatayya and Narayana Murty Annapurna Satram and put some property to execution sale. The properties of the Satram were sold in court auction on July 1, 1957 and the first respondent, Maddi Kutumbarao became the purchaser for Rs. 24,6600. O. S. No. 60 of 1957 was instituted in the same court for removal of the two trustees on the ground of mismanagement. The decree holder was made a party to this suit filed under s. 92. Civil Procedure Code and one of the reliefs p...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC147; (1968)70BOMLR76; 1968CriLJ103; [1967]3SCR720
Bachawat, J.1. In this appeal, the appellant challenges the legality of his conviction under s. 165-A of the Indian Penal Code. His wife Rukhanbai was the owner of the two house properties in 'F' ward of the Bombay Municipal Corporation, The building were in a ruinous condition. and she was served with notices under s. 354 of the Bombay Municipal Corporation Act requiring her to repair and secure them. The notices were not complied with and prosecution under s. 471 of the Act were started against her in the Presidency Magistrate Court. The summonses issued to her were served by affixation and on her failure to appear in court a bailable warrant for her arrest was issued. One Munir Ahmed Shaikh a notice clerk attached to 'F' ward building department of the Bombay Municipal Corporation, was entrusted with the duty of serving the warrant. The charge against the appellant was that he offered to Shaikh on July 18, 1960, a sum of Rs. 25 and on August 2, 1960 a sum of Rs. 100 as a bribe for n...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC86; (1968)70BOMLR114; 1968MhLJ429(SC); [1967]3SCR695
Wanchoo, C.J.1. This is an appeal by special leave from the judgment of the Bombay High Court and arises in the following circumstances. The respondents were members of a Co-operative Housing Society and had created a mortgage on their property in favour of the society. As the amount due under the mortgage was not paid, the matter was referred to the Registrar, Co-operative Societies, and he made an order dated May 1, 1957 that the respondents should pay a sum of Rs. 9,000 and odd and interest at Rs. 12 per cent per annum from August 1, 1953 till satisfaction of the debt due to the Society. The Registrar further directed that if the amount was not paid in cash to the society, the property mentioned in his order would be sold in satisfaction of the amount. The order also provided that in case the amount due was not realised from the sale of the property, the society would have the right to proceed against the respondents for the balance. The amount was not paid as directed in the order....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1793; [1967]3SCR712
Mitter, J. 1. This is an appeal by special leave from the judgment in a batch of civil revision petitions decided by the Andhra Pradesh High Court in September, 1962. 2. The facts necessary for the disposal of this appeal are as follows. One Ramalingayya died in the year 1941 possessed of considerable properties including the lands which formed the subject matter of the above mentioned civil revision petitions. Before the his death, he had adopted the petitioner before the High Court one Chimmapudi Subrahmanyam, the respondent before this Court. He came into possession of the properties of his adoptive father after the latter's death. Ramalingayya's widow however raised a dispute about the factum and the validity of the adoption and claimed the properties as the heir of her husband. Subrahmanyam filed a suit in the court of the District Munsif, Khammam for a declaration that he was the adopted son of the Ramalingayya. Pending the disposal of the suit, however, Ramalingayya's widow, who...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC36; [1966]60ITR411(SC); [1967]3SCR681
Shah, J.1. The appellant, a trader in groundnuts and other commodities in the State of Mysore, was taxed under the Mysore Income-tax Act, 1923, for the assessment years ending with the assessment year 1949-50. On July 1, 1949, the assessee brought into his books of account an opening cash balance of Rs. 1,87,000. In proceedings for assessment to tax for the year which ended on June 30, 1950, the assessee was called upon to explain that entry and to produce his books of account of the earlier years. The assessee pleaded that his books of account up to June 30, 1949, were lost and that the amount of Rs. 1,87,000 represented 'cash brought from an iron safe kept in his house'. The Income-tax Officer found that in each previous year when the assessee was assessed under the Mysore Income-tax Act, he had pleaded that his books of account were either lost or stolen in the succeeding year. The Income-tax Officer was of the view that the assessee had probably an amount of Rs. 50,000 on hand repr...
Tag this Judgment!Court : US Supreme Court
WALKER v. ARKANSAS - 386 U.S. 682 (1967) U.S. Supreme Court Reports WALKER v. ARKANSAS, 386 U.S. 682 (1967) WALKER v. ARKANSAS, 386 U.S. 682 (1967) 386 U.S. 682 WALKER v. ARKANSAS. APPEAL FROM THE SUPREME COURT OF ARKANSAS. No. 1014. Decided April 17, 1967. 241 Ark. 300, 408 S. W. 2d 905, appeal dismissed and certiorari denied. Fletcher Jackson for appellant. Joe Purcell, Attorney General of Arkansas, for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. Page 386 U.S. 682, 683 ...
Tag this Judgment!Court : US Supreme Court
DACEY v. GRIEVANCE COMMITTEE, BAR, FAIRFIELD COUNTY. - 386 U.S. 683 (1967) U.S. Supreme Court Reports DACEY v. GRIEVANCE COMMITTEE, BAR, FAIRFIELD COUNTY., 386 U.S. 683 (1967) DACEY v. GRIEVANCE COMMITTEE, BAR, FAIRFIELD COUNTY., 386 U.S. 683 (1967) 386 U.S. 683 DACEY ET AL. v. GRIEVANCE COMMITTEE OF THE BAR OF FAIRFIELD COUNTY. APPEAL FROM THE SUPREME COURT OF CONNECTICUT. No. 1049. Decided April 17, 1967. 154 Conn. 129, 222 A. 2d 339, appeal dismissed. George A. Saden for appellants. David Goldstein and Jacob D. Zeldes for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Page 386 U.S. 683, 684 ...
Tag this Judgment!Court : US Supreme Court
MILLER BREWING CO. v. JONES, DIR., REV. OF ILLINOIS. - 386 U.S. 684 (1967) U.S. Supreme Court Reports MILLER BREWING CO. v. JONES, DIR., REV. OF ILLINOIS., 386 U.S. 684 (1967) MILLER BREWING CO. v. JONES, DIR., REV. OF ILLINOIS., 386 U.S. 684 (1967) 386 U.S. 684 MILLER BREWING CO. v. JONES, DIRECTOR OF REVENUE OF ILLINOIS. APPEAL FROM THE SUPREME COURT OF ILLINOIS. No. 1067. Decided April 17, 1967. 35 Ill. 2d 86, 219 N. E. 2d 494, appeal dismissed. Frank H. Uriell and Paul A. Teschner for appellant. William G. Clark, Attorney General of Illinois, and Richard A. Michael and John J. O'Toole, Assistant Attorneys General, for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Page 386 U.S. 684, 685 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1967]3SCR661
Ramaswami, J.1. The question of law involved in this appeal is whether the purchaser of business carried on by a dealer as defined in the Madras General Sales Tax Act, 1939 (Madras Act No. IX of 1939), hereinafter called the 'Act', can be made liable for arrears of sales-tax due from the dealer in respect of transactions of sale which took place before the transfer of the business under Rule 21 - A of the Rules framed in exercise of the powers conferred on the State Government by s. 19 of the Act. 2. The respondent purchased, by a registered instrument dated October 5, 1956, the business carried on by one Purushottam Raju under the name - All India Trading Company. Purushottam Raju was the sole proprietor of the business and had been assessed to sales-tax in respect of his turnover for the years 1948-49 and 1949-50. The assessee paid some amounts towards sales-tax thus determined, but there remained some arrears of sales-tax i.e., Rs. 3836-4-0 for 1948-49 and Rs. 1218-1-9 for 1949-50. ...
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