Privy Council Cases

K.S.S. Soundarapandia Nadar and Bros. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : AIR1950Mad704; [1950]18ITR163(Mad)

Satyanarayana Rao, J.1. The Appellate Tribunal, Madras bench, referred under Section 66 (1), Income-tax Act, the following question for the opinion of the High Court:'Whether there is any material for the finding that the dealing in forward contracts carried on by the applicants in the Rangoon grain market is a distinct and separate business from the dealing in ready goods of some commodities.' The facts re evant for the case are as follows: The applicants are an undivided Hindu family carrying on business in grains and rice at Tuticorin and Virudunagar. The mode adopted by them in the business is to buy grain and rice at Rangoon through their agents and import them to Tuticorin where the goods are sold. In the accounting year 1937-1938, they also carried on business in what are described as Satta contracts or forward contrasts of purchase and sale and dealing in differences Such contracts related also to the same commodities in respect of which they had also made ready purchases. In t...

Sk. Ohid and ors. Vs. the Crown

Court : Kolkata

Reported in : AIR1950Cal177

Das Gupta, J.1. This application is against an order of the Additional Sessions Judge of Midnapur under Section 123, Criminal P. C., directing the petitioners to execute bonds for good behaviour for a period of three years, and in default to undergo rigorous imprisonment for the same period.2. Proceedings under Section 110, Criminal P. C., were drawn up against these petitioners and other persons, the allegations being that they were habitual thieves, robbers, house breakers and were so dangerous and desperate that their being at large without security was hazardous to the community. A large number of witnesses were examined on behalf of the prosecution and quite a fair number for the defence. The learned Magistrate came to the conclusion, on a consideration of the evidence, that the allegations that these persons were habitual thieves, robbers and house breakers had been established and it was necessary for the maintenance of good behaviour that they should be ordered to execute bonds...

Nrisinha Kumar Sinha Vs. Shyam Sundar Debanshi and anr.

Court : Kolkata

Reported in : AIR1950Cal196

G.N. Das, J.1. This appeal is by the plaintiff. The plaintiff's case is that the disputed lands are the choukidari chakran lands situate in mouja Jamuni and Kanaipur appertaining to touji no. 1401 of the Birbhum Collectorate. The previous number of the touji was No. 139 of the Murshidabad Collectorate. On 29th June 1939 a requisition for payment of dues under the Village Choukidari Act was issued under Section 59 of the said Act. Thereafter without serving a notice under Section 5, Bengal Land Revenue Sales Act, 1859, the said choukidari chakran lands were advertised for sale after the issue of a notice under Section 6, Bengal Land Revenue Sales Act 1859. The sale took place on 19th September 1939 and the disputed lands were purchased by defendant 1, at the highest bid. The plaintiff who owned 4 as. 8p. share in the disputed lands instituted this suit for setting aside the sale and for recovery of possession, There was an alternative prayer for reconveyance if the prayer for setting as...

Ghewarchand Rampuria Vs. Shiva Jute Bailing Ltd.

Court : Kolkata

Reported in : AIR1950Cal568

R.P. Mookherjee, J.1. This is an application in revision against an order of the learned Judge, Presidency Small Cause Court, Calcutta staying a suit tinder Section 31, Arbitration Act.2. The plaintiff's case as made in the plaint; is that the defendant company had entered into a contract with the plaintiff on 28th February 1946, for the purchase of a certain quantity of jute at Rs. 16-14-0 per maund. Against fee said contract the plaintiff had delivered some quantity of jute out of which the defendant company had rejected 28 bales on 14th May 1946 and called upon the plaintiff to remove the same from the defendant's custody. After the receipt of the aforesaid letter, the plaintiff repeatedly attempted to obtain delivery of the said 28 bales of jute but on some pretext or other the bales were not delivered. Ultimately, on 29th October 1946, the plaintiff wrote to the defendant company again requesting it to return the said bales. The defendant company had not delivered the bales. The p...

Hakir Mahamed and ors. Vs. Abdul Majid and ors.

Court : Kolkata

Reported in : AIR1953Cal588

G.N. Das, J.1. This appeal is by the plaintiffs. The plaintiffs are the owners of a plot of land recorded in C. S. Dag No. 885. On the west of plaintiffs' properties lies C. S. Dag No. 770 which the plaintiffs claim as the village pathway. Beyond that lies C. S. Dag No. 854 which belongs to the defendants. The plaintiffs' case was that the defendants including defendant No. 5 Amina Bibi by a concerted act threw earth on the west portion of the said pathway and was preparing tp put a mud wall on that portion. The plaintiffs accordingly brought a suit for declaration that the disputed strip Schedule Ka of the plaint was a part of the village pathway and for a mandatory injunction directing the defendants to remove the earth which they have thrown and for a permanent injunction restraining the defendants from raising any wall on the disputed land. In the course of the suit, defendant No. 5 Amina died and an application for bringing her heirs on record was dismissed and the trial court dir...

Kasim Ali and anr. Vs. the King

Court : Guwahati

Thadani, Ag. C.J.1. This is an appeal by one Kashim Ali and Fatik Sheikh against their convictions and sentences passed by the learned Sessions Judge, Lower Assam Districts upon a unanimous verdict of guilty brought by the Jury, the appellant Kasbim Ali having been sentenced to transportation for life Under Section 302, Penal Code and 2 years' R. I. Under Section 148, Penal Code the sentences to run concurrently; the appellant Fatik Sheikh having been sentenced under Ba. 802/149, Penal Code to transportation for Hie.2. Dne Mfc. Dalimannessa was married to one Badaruddin, a son of the deceased Yad Ali. Adarjan, a daughter of Yad Ali, was married to the appellant Fatik Sheikh. For some 3 or 4 years, Mt. Dalimannessa had ceased to live with her husband, Badaruddin, and was living With her parents. While Dalimannessa was living with her parents, she was once abducted by the appellant, Fatik Sheikh, and detained in bis house for some ;3 months. Fatik Sheikh then divorced bis wife, Mt. Adar...

Kanakeswar Bora Vs. Asatu Kalita and ors.

Court : Guwahati

Thadani, C.J.1. This is a reference made by the learned Sessions Judge of Upper Assam Districts under the provisions of Section 438, Criminal P.C., in the case of ore Kanaketuvar Bora v. Asatu Kalita and 4 Ors.2. The complainant, Kanakeswar Bora, brought a complaint before the Senior Magistrate, Jorhat, in which he alleged that on 2nd February 1918, the accused persona (respondents in this case) at about 8 p. M. met him on the road and stole a money bag from his possession containing B9. SCO. The Senior Magistrate, Jorhat, transferred the case to the 2nd Class Magistrate, Jorhat, who examined the complainant on oath and sent the complaint to the Police for report; on 24th May 1918, on receipt of the report from the Police, the learned 2nd Class Magistrate issued process against the accused persons under Section 379 and 323, Penal Code. The accused apparently did not respond to the summons and the learned Magistrate issued warrants against them on 84th June 1948, and 20th July 1948. On...

Mahanth Sudarsan Das Vs. Mahanth Ram Kirpal Das

Court : Mumbai

Reported in : (1950)52BOMLR493

Radcliffe, J.1. These are two appeals from the High Court of Judicature at Patna. They have been consolidated, and the central point upon which each appeal turns is the same : which of the parties is to be treated as the lawful owner of the piece of property in dispute? That piece of property is a four annas undivided share out of a fourteen annas partitioned share of an estate called Touzi No. 7898 in Mouza Awari, Pargana Lautana, District Darbhanga, and it is hereinafter referred to as 'the disputed property.'2. The two suits out of which the appeals arise were respectively a partition suit, (No. 89 of 1932) filed by the appellant on September 16, 1982, and a title suit (No. 72 of 1933) filed by the respondents in the second appeal on November 7, 1933. The appellant, who is the mahanth of a math or asthal called the Birpur Asthal, sought by the partition suit to obtain a declaration of his title to the, disputed property and an order for partition of the lands of which that property ...

Surya Datt Dubey Vs. Provincial Government and anr.

Court : Allahabad

Reported in : AIR1950All307

Raghubar Dayal, J. 1. Suraj Datt Dubey was ordered by the Provincial Government on 4th June 1949, under Clause (c) and (f) of Sub-section (1) to Section 3, U. P. Maintenance of Public Order (Temporary) Act IV [4] of 1947, to reside and remain within the limits of Chandausi town and to take no part directly or indirectly in any activities subsersive of law and order. It also required him under Sub-section (3) of Section 3 of the said Act to execute a bond in a sum of Rs. 500 with one surety in the like amount to the satisfaction of the District Magistrate of Allahabad for the due performance and enforcement of the aforesaid restrictions and conditions. It further ordered that in case of failure to furnish the necessary bond and surety within forty-eight hours of the service of the order he be committed to prison or to be detained in prison, if he be already there, until the expiry of the order or until such time as he furnished the required bond and surety in accordance with Section 123...

The Jwala Bank Ltd. Vs. Shitla Parshad Singh

Court : Allahabad

Reported in : AIR1950All309

Malik, C.J. 1. This purports to be an appeal Under Section 10 of our Letters Patent read with the United Provinces High Courts (Amalgamation) Order 1948. There was a private Bank in Agra known as the Jwala Bank carrying on banking business. In 1938 it was incorporated as a limited liability company under the name of the Jwala Bank Limited. The Memorandum and Articles of Association show that the primary object of the company was to carry on banking business in India and outside. In the year 1946 an Ordinance known as the Banking Companies (Inspection) Ordinance, 1946, (NO. IV of 1946) was issued by the Government of India in which a banking company was defined as meaning a banking company as defined in Section 277-F, Companies Act, 1913. Section 3 of the Ordinance provided for inspection and was as follows:'Notwithstanding anything to the contrary contained in Section 138, Companies Act 1913 (VII of 1913), the Central Government may at any time direct the Reserve Bank to cause an inspe...