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May 02 1974 (SC)

State of Mysore and anr. Vs. M.M. Thammaiah and anr.

Court : Supreme Court of India

Reported in : AIR1974SC1375; (1974)2SCC281; [1975]1SCR422; 1974(6)LC424(SC)

y.v. chandrachud, j.1. these are two cross-appeals by certificate granted by the high court of mysore under article 133(1)(b) of the constitution and they arise out of its judgment dated march 18, 1971 in writ petition 6394 of 1969. civil appeal 1000 of 1972 is filed by two persons called m. m. thammaiah and b.m. kariappa (herein called the appellants), against the state of mysore and the divisional forest officer, south coorg division, hunsur, mysore (herein called the respondents). civil appeal 1721 of 1971 is filed by the state of mysore and the divisional forest officer.2. appellant no. 1, m. m. thammaiah, is the holder of immovable properties consisting partly of 'bane lands', situate at nemmale in the district of coorg. on october 17, 1968 he sold certain soft-wood trees standing on his lands to appellant 2 for a sum of rs. 20,000. on september 23, 1969 he made an application to respondent 2, the divisional forest officer, for the issue of a permit in the name of appellant no. 2 allowing him to cut and remove the timber. respondent 2 informed appellant no. 1 that the bane lands held by him were not redeemed and that no permission could be granted for cutting and removing the timber unless the timber value was paid under rule 137 of the mysore forest rules of 1969.3. aggrieved by this order the appellant filed a petition in the high court of mysore under article 226 of the constitution challenging the constitutionality of rule 137 of the mysore forest rules. they .....

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Apr 08 1976 (SC)

Bhagwati and ors. Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Reported in : AIR1976SC1449; 1976CriLJ1171; (1976)3SCC235

p.n. shinghal, j.1. this appeal by bhagwati, shital and ram avadh, sons of salaru, is directed against the appellate judgment of the allahabad high court dated december 18, 1970 setting aside their acquittal by civil and sessions judge (gonda bahraich) of the offence under section 302 read with section 34, i.p.c. and sentending them to imprisonment for life for that offence.2. it was alleged by the prosecution that one sheo prasad was the first cousin of bachchu lal (p.w. 5). he married smt. dharamraji, but had no child. he had some agricultural land in village nagwa in gonda district of uttar pradesh, but he allowed bachchu lal to cultivate it because of his weak health. sheo prasad died, and his widow smt. dharamraji inherited his fields which however continued to be cultivated by bachchu lal, smt. dharamraji thereafter went away to basti as she married nabbu lal, who was the brother-in-law of appellant bhagwati. thereafter she executed a sale deed (ex. ka-29) of the land in favour of bhagwati on may 11, 1965. a day earlier, bachchu lal made an application for mutation of the fields in his name on the basis of his relationship with sheo prasad. bhagwati also made a similar application after execution of the sale deed in his favour and smt. dharamraji supported that application by filing her consent on november 15, 1965. bachchu lal's case was that, after her remarriage. smt.dharamraji forfeited her right to sheo prasad's fields; and it is not in dispute that the controversy .....

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Apr 24 1957 (SC)

Member for the Board of Agricultural Income-tax, Assam Vs. Sindhurani ...

Court : Supreme Court of India

Reported in : [1957]32ITR169(SC)

kapur, j. - in all these appeals the question for decision is the character and purport of the payment termed 'salami' and whether it falls within the meaning of 'agricultural income' as defined in the assam agricultural income-tax act (ass. ix of 1939) hereinafter called the 'act'.c. a. no. 162 of 1955 is directed against the judgment of the calcutta high court dated 15th january, 1953. c. a. nos. 38 to 44 of 1956 have been brought against the judgment of assam high court dated 2nd april, 1952. these matters were all heard together in the assam high court and were disposed of by one judgment.c. a. no. 162 of 1955 relates to the assessment year 1941-42. the assessee in that case was a 0-8-9 annas co-sharer in a zamindari estate known as 'parbatjoar estate' in assam. the original assessee was jyotindra narayan chowdhury who died on 25th january, 1953, and on his death his widow, shrimati sindhurani chowdhurani, and others were substituted. the gross agricultural income of the assessee was rs. 89,633 and income from salami was rs. 9,331-9-4 which was received from settlement of 414 different holdings out of which 278 were holdings of virgin lands and 136 were those of what are described as auction purchase lands. out of the gross income from salami 15 per cent. has been allowed as allowed as collection charges and the amount in dispute in this appeal therefore is rs. 7,934. the agricultural income-tax officer held this sum to be 'agricultural income' by his order dated 10th .....

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Mar 31 1958 (SC)

Mt. Kamlabai and ors. Vs. Sheo Shankar Dayal and anr.

Court : Supreme Court of India

Reported in : AIR1958SC914

s. jafer imam, j.1. this is an appeal against the decision of the nagpur high court partly reversing the decision of the extra subordinate judge, first class, bilaspurule the decree of the trial court concerning houses nos. 2 and 3 was affirmed by the high court.2. one mst. jotkunwar executed a document in 1906 in favour of her daughter jira bai and the sons of jira bai, brindaban, mathura prasad and nankaiya, transferring to them the properties mentioned in the document. thus jira bai and her three sons had four annas share each in the said properties.mst. jotkunwar, however, reserved to herself cultivating rights in sir lands consisting of 91.5 acres. nankaiya died in 1909 and on his death his share was recorded in the names of jira bai and her two sons brindaban and mathura prasad.in the month of november, 1918 both brindaban and mathura prasad died. mathura prasad was unmarried and brindaban left a widow, mst. ramdulari.the interest of mathura prasad was mutated in favour of padumnath, husband of jira bai, and that of brindaban in favour of his widow, ramdulari. the property thus came to be divided into three shares -1/3 each to jira bai, padumnath and ramdulari.jira bai died on 26-7-1927. there had been some litigation in 1923.after the decision of the court mutation took place and 3/4 share in the property was recorded in the name of padumnath and 1/4 in the name of ramdulari.on 9-2-1938, padumnath made a gift of his 1/4 share in favour of his daughter kamalabai alias .....

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Mar 26 1970 (SC)

Rama Shankar Lal and ors. Vs. the State of U.P.

Court : Supreme Court of India

Reported in : (1971)3SCC905

i.d. dua, j.1. this is an appeal by three appellants with special leave from the judgment of the allahabad high court dated september 5, 1967. originally five persons rama shanker lal, sukh bhanjan lal, smt krishna devi, harkho and radha krishna were jointly tried in the court of the second assistant sessions judge, azamgarh. rama shanker lal and sukh bhanjan lal were charged under sections 120-b(1), 420, 468 and 471 ipc; smt krishna devi under sections 420 and 471 read with section 120-b(1) ipc and harkho and hadha krishna under sections 468 and 120-b(1) ipc. the broad allegations giving rise to this case may be stated.2. civil litigation had been going on for a long time between brij lal mathur, father of vishnu pad mathur (pw 1) and his distant collateral bhimal lal mathur, father of rama shankar lal and sukh bhanjan lal relating to a grove and some agricultural land. on the death of brij lal mathur in the year 1959 his son vishnu pad mathur, who is stated to be a law graduate, desired to patch up the differences with his collateral and settle the dispute out of court. according to the prosecution version a panchayat was called and it was settled that vishnu pad mathur should transfer ten biswas of land to smt krishna devi, wife of rama shankar lal in consideration of which bhimal lal mathur would withdraw his appeal in the court of the district judge, giving up his claim in respect of plot no. 211. but on behalf of the appellant in this court this settlement is disputed. .....

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Apr 17 1984 (SC)

Anant Kibe and ors. Vs. Purushottam Rao and ors.

Court : Supreme Court of India

Reported in : AIR1984SC1121; 1984(1)SCALE783; 1984Supp(1)SCC175; [1984]3SCR484; 1984(16)LC996(SC)

a.p. sen, j.1. this appeal on certificate is directed against a judgment and decree of the madhya pradesh high court dated may 2, 1969 substantially reversing the judgment and decree passed by the third additional district judge, indore dated june 18/19, 1962 and dismissing the plaintiffs' suit for partition and separate possession of their half share of the suit properties detailed in schedule 'a' appended to the plaint except with respect to a house and the agricultural lands at ujjain. during the course of the hearing the parties have come to a settlement and the terms of the compromise have been recorded. nevertheless, the correctness of the judgment delivered by the high court is open to serious doubt and as it involves a question of general importance, we proceed to record our views.2. the facts giving rise to the appeal are as follows. the report of the inam commissioner discloses that in 1837 the late maharaja harihar rao holkar made a grant of an inam of a garden known as ram bag in kasba indore admeasuring 15.62 acres to abaji ballal, the priest of the holkar family on his representation that he was in service of the huzur darbar for a long period but had no garden at kasba indore and was therefore finding it difficult in getting tulsi leaves and flowers for making offerings to the deities. the grant of inam to him was on putra pautradi vansh parampara condition by way of parvarish. it appears from the report that abaji ballai had only one son named laxman and he .....

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Jan 21 1966 (SC)

Kehar Singh and ors. Vs. Dewan Singh and ors.

Court : Supreme Court of India

Reported in : AIR1966SC1555; [1966]3SCR393

bachawat, j. 1. the parties are aulakh jats of tehsil ajnala in amritsar district, and are governed by customary law in matters of succession and adoption. the dispute concerns succession to the property of one santa singh alias din mohammad. santa singh has not been heard of for a long time and is presumed to be dead. the revenue authorities sanctioned mutation of the lands left by him in favour of the defendants, who are his collaterals of the 8th degree. one megh singh was the collateral of santa singh in the 5th degree. megh singh died more than 50 years ago. before his death, he adopted his daughter's son, one kala singh. kala singh has died leaving his sons, dewan singh and gian singh as his heirs. dewan singh and gian singh instituted a suit in the court of the subordinate judge, first class, ajnala praying for a decree for possession of the lands left by santa singh and alleging that megh singh adopted kala singh as his son, took him out of his natural family, transplanted him completely in the family of megh singh and bestowed on him the rights of a natural son, according to the custom by which the parties were governed, kala singh was entitled to succeed as a reversionary heir in the family of his adoptive father and was the preferential heir of santa singh. the contesting defendants alleged that the adoption of kala singh amounted to the appointment of an heir only and they denied that according to custom kala singh was the revisionary heir of santa singh or .....

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Dec 18 1959 (SC)

Bhagwan Sahai Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1960SC487; 1960CriLJ676

j.l. kapur, j.1. this is an appeal by special leave against the judgment and order of the punjab high court dated may 17, 1956. at the relevant time, i.e., between may 1, 1953, and june 2, 1954, the appellant was a naib-tehsildar at ferozepur jhirka in the district of gurgaon. the allegation against the appellant was that during his tours in the several villages of ferozepur jhirka tehsil, his son who was a director of the starline pictures ltd., a film company of delhi, accompanied him and at the time of mutations the appellant asked the parties whose mutation he was attesting to purchase shares in the company of his son and that many of such persons on being so pressed by the appellant purchased shares and did so because they were asked by the appellant who showed them official favours.2. the facts which have led to the conviction of the appellant are these. on june 8, 1954, the first information report against the appellant was filed under section 5(1) (d) of the prevention of corruption act (hereinafter termed the act). it was based on a letter of the deputy commissioner who is also the collector of the district enclosing with the letter the report of the revenue assistant, gurgaon in an enquiry which he held against the appellant. the letter stated that the case fell within section 5(1) (d) of the act and suggested that the necessary sanction should be taken under section 6 of the act. thereafter the sanction of the commissioner, ambala division, was taken on 2-12-1954. .....

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Jan 03 2006 (SC)

Mathew Oommen Vs. Suseela Mathew

Court : Supreme Court of India

Reported in : AIR2006SC786; 2006(2)ALD22(SC); 2006(2)ALT3(SC); 2006(1)AWC790(SC); (SCSuppl)2006(2)CHN48; 2006(1)CTC300; [2006(2)JCR111(SC)]; JT2006(1)SC225; 2006(2)KarLJ80; 2006(1)KLT626

arun kumar, j.1. the appellant filed a petition for grant of letters of administration in respect of a will said to have been executed by his father late k.o. mathew. k.o. mathew was a practicing advocate of the local bar. the will in question is said to have been executed on 15.10.1984. the testator died on 24.10.1984. the appellant is the sole beneficiary under the will. the testator was survived by three children i.e. son, the appellant herein and two daughters named suseela, the contesting respondent, and leela. both the daughters were married during the lifetime of the testator and admittedly had been well provided for at the time of their marriage by the father. respondent is the only contestant, who herself is an officer in the local electricity board while her husband was an officer in the army. the other daughter leela is a practicing doctor with md qualification. the second daughter is not a party to the proceedings. she never contested the will of her father. the parties are christians and were governed by the travancore christian succession act, 1917. under this act when a daughter is married and she is given rs. 5000/- or more at the time of marriage, she has no right of inheritance in her father's estate. respondent suseela had admitted in her statement as dw 1 that her father had given her rs. 30,000/- and 45 gold sovereigns at the time of her marriage. however, a question of validity of the travancore christian succession act, 1917 had been raised and a writ .....

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Nov 29 1996 (SC)

State of West Bengal and Another Vs. Kailash Chandra Kapur and Others

Court : Supreme Court of India

Reported in : AIR1997SC1348; JT1996(11)SC515; 1997(1)SCALE184; (1997)2SCC387; [1996]Supp9SCR398

1. leave granted.2. we have heard learned counsel on both sides.3. this appeal by special leave arises from the judgment of the division bench of the calcutta high court, made on january 19, 1996 in appeal no. 182/95.4. the admitted facts are that a lease for 999 years was granted by the governor of west bengal to one tapan kumar mullick on july 28, 1983 assigning a plot of land no.cl-104 in section ii admeasuring 4.195 conttahs in bindhannagar (salt lake) in calcutta. the lessee had executed a will in favour of the first respondent, a stranger to the family on july 22, 1992 of the lease-hold premises. the lessee died on may 22, 1993. thereafter, the first respondent had applied for and was granted without any contest by the legal representatives of the lessee the probate to the will by order of the court dated may 19,1994. it would, therefore, be obvious that the bequest was after receipt of consideration. therefore, the legatee had applied for mutation of his name in the record as lessee which was objected to and met with rejection. as a consequence, the respondent had filed writ petition under article 226 of the constitution. the learned single judge directed to mutate the name of the first respondent as a lessee under the testamentary disposition made by the original lessee which was confirmed by the division bench of calcutta high court in appeal no. 183/95 by judgment dated january 19, 1996 thus, this appeal by special leave.5. shri v.r. reddy, learned additional .....

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