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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1964 Page 2 of about 56 results (0.178 seconds)

Oct 01 1964 (SC)

Commissioner of Income-tax, Madras Vs. Andhra Chamber of Commerce

Court : Supreme Court of India

Decided on : Oct-01-1964

Reported in : AIR1965SC1281; [1965]55ITR722(SC); [1965]1SCR565

shah j. 1. the andhra chamber of commerce - hereinafter called 'the assessee' - is a company incorporated under the indian companies act 7 of 1913. the assessee was permitted under section 26 of the act to omit the word 'limited' from its name by order of the government of madras. 2. the following are the principal objects of the memorandum of association of the assessee : (a) to promote and protect trade, commerce and industries of india, in the province of madras and in particular in the andhra country. (b) to aid, stimulate and promote the development of trade, commerce and industries in india or any part thereof with capital principally provided by indians or under the management of indians. (c) to watch over and protect the general commercial interests of india or any part thereof and the interests of the andhra in particular engaged in trade, commerce or manufacture in india and in particular the andhra desa. (y) to do all such other things as may be conducive to the preservation and extension of trade, commerce, industries and manufactures or incidental to the attainment of the above objects or any of them. 3. clauses (d) to (x) are incidental to the principal objects. 4. by clause 4 of the memorandum of association it was provided that the income and property of the assessee shall be applied solely towards the promotion of its objects as set forth therein and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividends, bonuses or .....

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Mar 03 1964 (SC)

C. Rajagopalachari Vs. Corporation of Madras

Court : Supreme Court of India

Decided on : Mar-03-1964

Reported in : AIR1964SC1172; [1964]53ITR454(SC); 1964(0)KLT898(SC); [1964]6SCR962

ayyangar, j.1. this appeal comes before us by virtue of a certificate of fitness granted by the high court of madras under art. 133(1)(c) of the constitution against its judgment dismissing a petition filed by the appellant under art. 226 of the constitution seeking a writ of prohibition against the corporation of madras challenging the constitutional validity of a notice requiring the appellant to pay profession tax. 2.the appellant held office as the last governor-general of india. under s. 3 of central act xxx of 1951 the appellant is entitled to a pension of rs. 15,000/- per annum and has been drawing this sum residing in the city of madras. the corporation of madras - the first respondent before us demanded profession tax from the appellant under s. 111(1)(b) of the city municipal act, 1919 hereinafter called the act for the year 1958-59 on the ground of the appellant's residence within the city for the period therein specified and his drawing the pension to which he was entitled. the appellant addressed a communication to the corporation asserting that this demand was illegal as the corporation was empowered by the relevant constitutional provisions merely to levy a tax 'on a profession, trade, calling or employment' and that as he as a pensioner did not fall under any of these classes, the said demand was illegal. the authorities of the corporation, however, insisted on compliance with the demand on the ground that under the express terms of the act persons in receipt .....

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Aug 20 1964 (SC)

Sarju Prasad Vs. State of Bihar

Court : Supreme Court of India

Decided on : Aug-20-1964

Reported in : AIR1965SC843; 1965(0)BLJR316; 1965CriLJ766

j.r. mudholkar, j.1. while granting special leave in this appeal from a judgment of the patna high court this court restricted it only to one question and that is whether the act of the appellant amounts to an offence under section 307, indian penal code.2. it has been found by the courts below that on february 23, 1961 madan mohan sinha (p. w. 1) and shankar prasad shrivastava (p. w. 3) were attacked while they were passing through the dharman chowk at 1-30 p.m. by sushil chand jain with a chhura as a result of which madan mohan and shankar prasad sustained grievous hurts and that these injuries were inflicted upon them by sushil chand with such intention or knowledge and under such circumstances that if they had resulted in death the offence would fall under section 307, indian penal code. the courts below have also found that the appellant sarju prasad who also participated in the incident inflicted similar injuries on shankar prasad with similar intention. both sushil chand and the appellant sarju prasad were convicted by the second assistant sessions judge, arrah under section 324 and section 307, i. p. c. and in respect of the latter offence sentenced to rigorous imprisonment for 7, years and to a fine. their appeals against the conviction and sentences were dismissed by the high court of patna. surju prasad has come up to this court by special leave. we are informed that the special leave petition preferred by sushil from the jail was summarily rejected by this court.3 .....

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Feb 05 1964 (SC)

Gurdatta Mal and ors. Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Feb-05-1964

Reported in : AIR1965SC257

k. subba rao, j.1. this appeal by special leave is directed against the judgment of the high court of judicature at allahabad setting aside the acquittal made by the additional sessions judge, kumaun, nainital, and convicting the appellants under section 302, read with section 34 of the indian penal code and sentencing them to imprisonment for life.2. the prosecution case may be briefly stated. gurucharan lal one of the deceased, had title to and was in physical possession of plot no. 57 in the village of azadnagar. on april 10, 1960, gurucharan lal, accompanied by bhagwan swarup, amrit lal, nand singh and mohan prakash, left his house in rudrapur for azadnagar to harvest the crop standing on the said plot. bhagwan das also had a plot in the same village in his name and he also started to go there to harvest his crop. as they anticipated some trouble from the accused persons, appellants herein, enroute to azadnagar they went to police station kiccha, which was on their way, and lodged two reports therein, exs. ka-1 and ka-2. it was alleged therein that there was an apprehension of breach of peace from the side of the accused. the head-constable of the said police station, in consultation with the sub-inspector, sent two constables, khem singh (p. w. 2) and chandra singh (p. w. 8) to go along with them to the said village. gurucharan lal and his companions were joined on their way by gainda mal, gurucharan lal's father, and one kalyan, a labourer. the party reached the village .....

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Nov 04 1964 (SC)

Tansukh Rai JaIn Vs. Nilratan Prasad Shaw and ors.

Court : Supreme Court of India

Decided on : Nov-04-1964

Reported in : AIR1966SC1780; 1965(0)BLJR533; [1965]2SCR6

raghubar dayal, j.1. this appeal, on certificate granted by the high court of patna, raisesthe question whether section 64a of the motor vehicles act as introduced by themotor vehicles (bihar amendment) act, 1949 (bihar act xxvii of 1950),hereinafter referred to as bihar section 64a, was not applicable to proceedingsfor grant of permit for inter-state routes. this question, however, was decidedby this court in s. k. pasari v. abdul ghafoor (civil appeal no. 306 of 1964,decided on 4-5-64). it was held that it was applicable to cases ofstage-carriage permits for inter-state routes. 2. the respondent prayed, in view of the observations in abdul mateen v. ramkailash pandey : [1963]3scr523 for permission to challenge the validityof the aforesaid section on the ground that parliament, by the motor vehicles(amendment) act, 1956 (act no. 100 of 1956), has introduced another section 64ain the motor vehicles act, 1939 (act iv of 1939), hereinafter referred to ascentral section 64a and that thereby bihar section 64a must be taken to havebeen repealed by necessary implication. 3. the question arises in this way. the appellant tansukh rai jain, was oneof the applicants for the stage-carriage permit for an inter-state routebetween bihar and orissa. the state transport authority, bihar, granted thepermit to the united motor works & co. ltd. the appellant and respondentno. 1, nilratan prasad shaw, appealed to the appellate authority, the deputyminister of transport, bihar, against the order .....

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Jan 29 1964 (SC)

R. Chitralekha and anr. Vs. State of Mysore and ors.

Court : Supreme Court of India

Decided on : Jan-29-1964

Reported in : AIR1964SC1823; (1964)2MysLJ(SC)11; [1964]6SCR368

civil appellate jurisdiction: civil appeals nos. 1056 and 1057 of 1963. appeals by special leave from the judgment and order dated september 30, 1963 of the mysore high court in writ petitions nos. 1592 and 1522 of 1963. s. k. venkataranga iyengar and r. gopalakrishnan, for the appellants (in both the appeals). c. k.. daphtary, attorney-general, b. r. l. lyengar and b. r. g. k. a char, for the respondents (in both the appeals) january 29, 1964. the judgment of b. p. sinha, c.j., k. subba rao, n. rajagopala ayyangar and raghubar dayal jj. was delivered by subba rao j. mudholkar j. delivered a dissenting opinion. subba rao j.-these two appeals raise the question of the validity, of the orders made by the government of mysore in respect of admissions to engineering and medical colleges in the state of mysore. the facts may be briefly stated: in the state of mysore there are a number of engineering and medical colleges-most of them are government colleges and a few of them are government aided colleges. the state government appointed a common selection committee for settling admissions to the engineering colleges and another common selection committee for settling admissions to medical colleges. the government by an order dated july 26, 1963, marked as ex. c in the high court, defined backward classes and directed that 30 per cent of the seats in professional and technical colleges and institutions shall be reserved for them and 18 per cent. to the scheduled castes and the .....

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Apr 01 1964 (SC)

K. Narasimhiah Vs. H.C. Singri Gowda

Court : Supreme Court of India

Decided on : Apr-01-1964

Reported in : AIR1966SC330; (1964)2MysLJ(SC)39; [1964]7SCR618

das gupta, j. 1. is the requirement of three clear days' notice for the holding of a special general meeting as embodied in s. 27(3) of the mysore town municipalities act 1951, a mandatory provision that is the main question which arises for decision in this appeal. 2. the appellant was elected as the president of holenarsipur municipality on september 11, 1962. at a special general meeting of the municipal council held on october 14, 1963, a resolution was passed in the following terms :- 'this council has no confidence in the municipal president of holenarsipur municipality.' 3. on november 2, 1963 mr. narasimhiah, the president of the council applied to the high court of mysore under art. 226 of the constitution praying for the issue of an appropriate writ quashing the proceedings of the meeting which culminated in the resolution of no confidence against him. prayers were made also for some consequential reliefs. 4. holenarsipur municipality has twenty councillors. thirteen out of the them sent a request to the president to convene a special general meeting to discuss a resolution expressing no confidence in him as president. this request was handed over to the president on 25th september 1963. as however he did not take any steps for convening the meeting the vice president acted in the matter - calling a meeting to discuss the resolution to express no confidence in the president. a notice under the vice-president's signature stating that it was proposed to hold a special .....

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Sep 30 1964 (SC)

isher Singh Vs. Sarwan Singh and ors.

Court : Supreme Court of India

Decided on : Sep-30-1964

Reported in : AIR1965SC948

n. rajagopala ayyangar, j.1. a very short point whether a finding in a previous suit between the same parties on the issue relating to the relationship of the respondent to the deceased owner *(see second appeal no. 249 of 1957 dated 3-5-1960 -- punjab.) of the suit property is or is not res judicata in the suit out of which this appeal arises, is the only question for consideration in this appeal by special leave.2. the original owner of the suit-properties which consist of agricultural land measuring about 66 bighas and odd in the village kotla and a kutcha house in the same village and another extent of 13 bighas and odd of land in neighbouring village, was one jati who died childless on may 20, 195.1, his widow also having pre-deceased him. the respondents sarwan singh and three others claimed to be the collaterals of the deceased and his nearest heirs. soon after the death of jati the appellant isher singh, who put forward a claim based on an oral will by the deceased jati, managed to obtain possession of the properties. the respondents made applications to the revenue authorities for mutation in their favour and they secured favourable orders on these petitions ignoring the appellant's claim under the oral will which he set up. as the mutation proceedings, however, did not conclusively determine the title of the parties to the properties ishar singh challenged the right of the respondents by filing a suit against them in the court of sub judge, second class, rajpura, on .....

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Jan 30 1964 (SC)

State of Gujarat Vs. Vora Fiddali BadruddIn Mithibarwala

Court : Supreme Court of India

Decided on : Jan-30-1964

Reported in : AIR1964SC1043; [1964]6SCR461

civil appellate jurisdiction: civil appeals nos. 182-186 of 1963. appeals by special leave from the judgment and order dated january 1961 of the gujarat high court in second appeals nos. 105, 106, 107, 112 and 193 of 1960. c. k. daphtary, attorney-general, r. ganapathy iyer, r. k. p. shankardass and r. h. dhebar, for the appellant (in all the appeals). purshottam trikamdas, b. parthasarathy, j. b. dadachanji o. c. mathur and ravinder narain, for the resdondents (in all the appeals). january 30, 1964. hidayatullah j., shah j., and mudholkar j. delivered separate judgments allowing the appeal. raghubar dayal j. agreed with the order proposed by hidayatullah j. the dissenting opinion of sinha c.j. and rajagopala ayyangar j. was delivered by ayyangar j. subba rao j. delivered a separate dissenting opinion. ayyangar j.-in this batch of five analogous appeals, by special leave, the main question for determination is whether the rights which were in controversy between the parties in the courts below could be enforced by the munici pal courts; or in other words, whether or not "act of state" pleaded by the state of gujarat is an effective answer to the claims made by the respective respondents to the rights over forests claimed by them in the suits giving rise to these appeals. vora fiddali badruddin mithibarwala is the respondent in civil appeals nos. 182 and 184 of 1963. vora hakimuddin tayabali amthaniwala is the respondent in civil appeal no. 183 of 1963. mehta kantilal .....

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Jan 20 1964 (SC)

Pentapati Chinna Venkanna and ors. Vs. Pentapati Bengararaju and ors.

Court : Supreme Court of India

Decided on : Jan-20-1964

Reported in : AIR1964SC1454; [1964]6SCR251

subba rao, j.1. this appeal by certificate raises the question of the applicability of s.48 of the code of civil procedure, hereinafter called the code, to the facts ofthe case. 2. the relevant facts are as follows : in the year 1928 one pentapativenkataramana filed original suit no. 3 of 1928 in the court of the subordinatejudge, visakhapatnam, against 29 defendants for accounts of dissolvedpartnerships and for the recovery of amounts due to him. on march 30, 1932, thesuit was dismissed by the learned subordinate judge. on appeal, the high courtof madras set aside the decree of the subordinate judge and passed a joint andseveral decree in favour of the plaintiffs and defendants 24 to 27 for a sum ofrs. 54,350 with interest thereon. on february 15, 1939, the decree-holdersfiled an application for execution of the decree, being e.p. no. 13 of 1939,and prayed for realization of the decretal amount by attachment and sale of 31items of properties described by them in the schedule (ex. b-4) annexedthereto. the judgment-debtors filed an objection to the attachment of some ofthe said items, but that was dismissed. against the order of dismissal of theirobjection, the judgment-debtors filed an appeal to the high court, being 26 of 1944. pending the disposal of the c.m.a., the high court granted aninterim stay of e.p. 13 of 1939. later, the appeal was dismissed on april 26,1945. after the dismissal of the appeal, when the decree-holders sought toproceed with the execution, .....

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