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Feb 24 1967 (SC)

Mahant Harnam Singh, Chela of Bhai NaraIn Singh Vs. Gurdial Singh and ...

Court : Supreme Court of India

Reported in : AIR1967SC1415; (1967)69PLR805; [1967]2SCR739

bhargava, j.1. this appeal under certificate granted by the punjab high court at chandigarh, has been filed by harnam singh appellant against a decree passed by the high court, decreeing a suit under section 92 of the code of civil procedure, after setting aside the dismissal of the suit by the district judge, and removing the appellant from the office of the mahant of an institution described in the plaint as 'gurdwara jhandawala.' the suit was brought by two plaintiffs after obtaining permission from the advocate-general. one of the plaintiffs/respondents, ishar singh, died and his legal representatives were not brought on the record. however, in view of the nature of the suit, no objection was raised before us about the maintainability of this appeal on this ground and, consequently, we refrain from dilating on this aspect. 2. the respondents claimed in the plaint that there is one gur granth sahib at village jhandawala in the name of gurdwara jhandawala which is managed by mahant harnam singh appellant as a mohatmim, and that he is in possession of the 'dera' and agricultural land belonging to guru granth sahib gurdwara jhandawala. the gurdwara was alleged to be a public religious place which was established by the residents of the village, and it was pleaded that this religious institution was a public trust created by the residents of the village for the service of the public to provide food to the visitors from the lungar (free kitchen) to allow the people to fulfil .....

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Jan 31 1968 (SC)

Thakore Sobhag Singh Vs. Thakur Jai Singh and ors.

Court : Supreme Court of India

Reported in : AIR1968SC1328; [1968]2SCR848

shah, j. 1. this is an appeal brought with special leave against the judgment dated october 23, 1962 in matmi case no. 40 of 1961, of the file of the board of revenue, rajasthan. 2. thakur sabhal singh - hereinafter called 'sabhal singh' - a jagirdar of thikana jhakora in shekhawati area, in the former indian state of jaipur applied on november 3, 1933 to recognize jai singh - the first respondent in this appeal - as his adopted son for succession to the thikana. on may 23, 1936, the ruler of jaipur in council ordered that he 'saw no reason at the present moment to recognize the adoption advocated by' sabhal singh, and that the 'alleged adoption of jai singh shall in no way be deemed to be an adoption that will in any sense bind the darbar as regards the question of succession'. on june 16, 1947, sabhal singh preferred another application to the prime minister of jaipur for recognizing the adoption of jai singh. the application was sent to the board of revenue for enquiry and report under the jaipur matmi rules, 1945. the board of revenue reported that in view of the council resolution dated may 23, 1936, the application was not maintainable since sabhal singh was living at the date of the application. but before this application could be finally disposed of by the government of the state of jaipur sabhal singh died and the prime minister of jaipur directed that necessary enquiries be held under the matmi rules, and for that purpose the record be sent to the deputy .....

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Dec 18 1958 (SC)

Mizaji and anr. Vs. the State of U.P.

Court : Supreme Court of India

Reported in : AIR1959SC572; 1959CriLJ777; [1959]Supp1SCR940

kapur, j. 1. these are two appeals which arise out of the same judgment and order of the high court at allahabad and involve a common question of law. appellants tej singh and mizaji are father and son subedar is a nephew of tej singh, machal is tej singh's cousin and maiku was a servant of tej singh. they were all convicted under section 302 read with section 149 of the indian penal code and except mizaji who was sentenced to death, they were all sentenced to imprisonment for life. they were also convicted of the offence of rioting and because tej singh and mizaji were armed with a spear and a pistol respectively, they were convicted under section 148 of the indian penal code and sentenced to three years' rigorous imprisonment and the rest who were armed with lathis were convicted under section 147 of the indian penal code and sentenced to two years' rigorous imprisonment. all the sentences were to run concurrently but mizaji's term of imprisonment was to come to an end after 'he is hanged'. against this order of conviction the appellants took an appeal to the high court and both their convictions and sentences were confirmed. 2. the offence for which the appellants were convicted was committed on july 27, 1957, at about sunrise and the facts leading to the occurrence were that field no. 1096 known as sukhna field was recorded in the revenue papers in the name of banwari who was recorded as in possession as tenant-in-chief. sometime in 1949 he mortgaged this plot of land to .....

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Oct 30 1990 (SC)

Mst. Mohindero Vs. Kartar Singh and Others

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 name of mohindero. the suit was dismissed by the trial court on may 27, 1963. it was held that without challenging the gift in favour of mohindero, the suit for possession was not competent. meanwhile kissi died and her heirs went-up in appeal before the district judge. an application for permission to amend the plaint, so as to challenge the validity of the gift, was also filed before the district judge. the appeal was allowed and the judgment of the trial court was set aside. the district judge .....

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Aug 27 1974 (SC)

Maruti Bala Raut Vs. Dashrath Babu Wathare and ors.

Court : Supreme Court of India

Reported in : AIR1974SC2051; 1974MhLJ972(SC); (1974)2SCC615; [1975]1SCR899

a. alagiriswami, j.1. in the year 1932 one shantappa wathare, father of respondents 1 and 2 in c.a. 1942, executed a document (we are using the word 'document' because the character of the document was the subject matter of subsequent litigation) in respect of the western l/3rd share of survey no. 99 measuring 7 acres and 30 gunthas in the village of bamani in the state of miraj in favour of nabisha pirajde of miraj. in 1936 he executed a similar document in respect of middle l/3rd and in 1941 dashrath and bhima, belonging to another branch of the family, executed a similar document in respect of the eastern l/3rd portion of the land in favour of the said nabisha pirjade. on 11-8-1948 miraj state merged in the then bombay province and from that date the bombay tenancy act 1939 became applicable to the lands in question. on 15-9-1948 the bombay agricultural debtors relief act, 1947 became applicable to the areas of the former miraj state and on 28-12-1948 the bombay tenancy and agricultural lands act, 1948 came into force in the same area. in 1949 the two branches of wathares started two separate sets of proceedings under the bombay agricultural debtors relief act contending that the documents of 1932, 1936 and 1941 were mortgages and they were entitled to redeem them. they succeeded in their contention. to these proceedings the appellant maruti bala raut was not a party. the appellant obstructed their attempt to take possession on. the ground that he was a tenant of these .....

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Feb 14 1979 (SC)

Arjan Singh and ors. Vs. Hazara Singh

Court : Supreme Court of India

Reported in : AIR1979SC1236; 1979CriLJ1029; (1980)1SCC613

s. murtaza fazal ali, j.1. this appeal by special leave is directed against the order of the high court dated 24-11-1973 by which the high court reversed the acquittal of the appellants and convicted them under sections 467 and 471 of the indian penal code to two years r.i. on each count. sentences were to run concurrently. one of the respondents before the high court, bachan singh, died and the appeal against him has abated. the charges of forgery against the accused persons were based on a will exhibit pd stated to have been executed by sahib singh in favour of arjan singh and others in respect of the property mentioned in the will. there is no direct evidence of forgery at all and the conviction is founded upon the evidence given by the expert p.w. 7 bhakhtawar singh who had opined that the thumb impression on exh. pd did not tally with the admit ted thumb impression of sahib singh on exh. pa. bhakhtawar singh was examined before the trial court and his testimony was both slip-shod and cryptic. for these reasons, the high court in appeal re-summoned bhakhtawar singh and re-examined him and gave an opportunity to the accused to cross-examine this witness. haying gone through the evidence of the expert, we are unable to place any reliance on this witness. to begin with, he admits that he has examined the documents for 2-3 minutes and has pointed out important dissimilarities between the disputed thumb impressions and the admitted thumb impressions. he further admits that .....

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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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