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1966 (8) TMI 86
... ... ... ... ..... sed we are of the opinion that the sanction of the State Government was not necessary for prosecution of the appellant under s. 409, Indian Penal Code. We accordingly reject the argument of learned Counsel for the appellant on this aspect of the case and dismiss this appeal. Criminal Appeal No. 131 of 1964 11. This appeal is brought, by special leave, from the judgment of the Madras High Court dated December 3, 1963 in Criminal Appeal No. 72 of 1962 convicting the appellant of the offence under s. 409, Indian Penal Code an....... + More
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1966 (8) TMI 85
... ... ... ... ..... nnot sue to recover the original debt. The post-dated cheque or the running bill, if it is duly met, operates as payment of the debt from the date of its delivery. For the purposes of s. 20 of the Indian Limitation Act, 1908 also, the date of the payment of the debt is the date when the post-dated cheque was delivered to the creditor and not the date which the cheque bore nor the date when it was cashed. I cannot subscribe to the novel view that the date of the payment is the date written on the cheque. In my opinion, the ....... + More
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1966 (8) TMI 84
... ... ... ... ..... on the part of the Court to make an order as asked for. 10. The final contention on behalf of the respondent was that under the provisions contained in sub-section (7) of section 17 of the Companies Act proceedings may be adjourned in order that an arrangement may be made to the satisfaction of the Court for the purchase of the interest of dissentient members. There is no dissentient member at the relevant stage. The respondent cannot utilise proceedings for the collateral purpose of putting pressure on the Company to buy ....... + More
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1966 (8) TMI 83
... ... ... ... ..... the words 'a Court executing a decree' as meaning, .. that the section only covers cases of proceedings initiated by the decree-holder and does not include applications (relating to the execution, discharge or satisfaction of the decree) made by the judgment-debtor. 14. We are unable to hold that the dictum of the Punjab High Court in Mst. Bhagwani v. Lakhim Ram and Another that as no execution proceedings (at the instance of the decree-holder) were pending, the Court (which was called upon to determine whether the....... + More
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1966 (8) TMI 82
... ... ... ... ..... activity apparently so disconnected as confectionery, tailoring, selling of sports goods and photography, when these constitute component parts of the business of a huge organisation such as that of Selfridge's of Oxford Street or Harrods' of Knights-bridge in London, the very aim and object of which is to provide for a whole host of the needs of its customers and to run an all-embracing giant general stores. It could not be contended that this was the pattern of the assessee's business activities in the case b....... + More
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1966 (8) TMI 81
... ... ... ... ..... On the finding recorded by the Trial Court which was not challenged in appeal before the High Court, Babuji did not separate in 1934 from the other coparceners. But he died in October 1937 and by the operation of Act 18 of 1937 as modified by Bihar Act 6 of 1942 Chando Kuer was invested with her husband's interest in the coparcenary property agricultural as well as non-agricultural. When she instituted a suit for partition that interest became defined, and vested in her free from all claims or rights of the coparceners....... + More
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1966 (8) TMI 80
... ... ... ... ..... n the duty payable and the duty paid. It is, therefore, contended that any question of penalty can be determined by the officer only after the estate duty payable has been determined. We are inclined to accept this contention. In the penalty proceedings, it is always necessary to quantify the penalty and that by section 56 has been related to the duty payable, though in certain cases a lump sum is provided for. We cannot conceive the quantum being determined by the officer concerned on a date earlier to the date on which t....... + More
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1966 (8) TMI 79
... ... ... ... ..... d except by parties to the transaction or by those who claim through those parties. It was, therefore, not open to the defendant to question the passing of consideration until the defendant established some sort of title in her as the successor-in-interest of Mt. Bifla. The aforesaid passage lays down the correct law and has my respectful concurrence. 7. Defendant 2 has failed to prove that he has derived any interest from the rightful owner, defendant No. 7. He cannot file a suit for specific performance of the alleged ag....... + More
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1966 (8) TMI 78
... ... ... ... ..... p should not be dissolved until the pending contracts are completed. We are therefore, of the view that there was no implied agreement between the partners for the determination of the partnership. (6) The partnership was, therefore, clearly a partnership at will and it was validly dissolved on 18th December 1956 by the plaintiff giving the notice dated 15th December 1956 to the defendants. The learned trial Judge was, therefore right in taking the view that the partnership was dissolved on 18th December, 1956 and passing ....... + More
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1966 (8) TMI 77
... ... ... ... ..... er the scheme prepared under Chapter IV-A of the Act. That function, as observed by the Supreme Court, is ministerial or administrative in nature. Therefore the function of the Regional Transport Authority of issuing permit in pursuance of the direction under Section 43 (1) (iii) is .... purely an administrative function which, under the changed scheme of the Act, is permissible. In these circumstances, we do not find any force in the contention of Mr. Agarwal that the Regional Transport Authority cannot issue permits to t....... + More
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1966 (8) TMI 76
... ... ... ... ..... anesh Ketkar and Achyut Dattarya Phatak figure as delinquent directors in those proceedings. The Managing Director of the company against whom also misfeasance proceedings are taken is the father of Achyut Dattatraya Phatak. It seems to us clear that if the creditors and shareholders were apprised that misfeasance proceedings were taken against the Directors of the company, they would not have approved the scheme under which the affairs of the company are once again relegated into the hands of the self-same directors. 38. ....... + More
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1966 (8) TMI 75
... ... ... ... ..... mmons on defendant no. 2 as on other defendants When such attempts failed. the order dated the 17th July 1953 on the application of the plaintiff was passed by the trial court There is. therefore, sufficient material to presume that High Court was satisfied as a matter of fact as contemplated under Rule 20 before it directed a substituted service effected by publication of the summons in the Bengal Gazette. Mere absence in the order sheet to the effect that the Court was satisfied or mere absence of any reference to the re....... + More
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1966 (8) TMI 74
... ... ... ... ..... . 1 who was carrying on the whole show and was responsible for whatever fraud or misrepresentation had been committed and that in any case the seizure of the goods by the police during and in connection with the criminal case started against the defendants by the Bank was illegal and without jurisdiction. From the content of the written statement as also from its general tenor it, accordingly, appears that no case whatsoever of any claim against the Bank was made out; and if by the amendment sought for now such a case will....... + More
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1966 (8) TMI 73
... ... ... ... ..... ose contained in the pleadings for fixation of issues. That was a case under Sections 397, 398, 399, 401 and 402 of the Companies Act as to whether there was oppression on share-holders. I am unable to hold that the decision is of any aid to the petitions for winding up. The petition for winding up is to follow the settled practice in the light of well-established decisions. That which is alleged is to be proved. It has to he alleged as a fact and it has to be proved as a fact. The company had no notice of such allegations....... + More
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1966 (8) TMI 72
... ... ... ... ..... ect to his appearance. A contrary view was taken by a larger Bench in Kanpur Hosiery Workers' Union v. J. K. Hosiery Factory, Kanpur 1952 - I L.L.J. 384 , but for reasons aforesaid we do not agree with that view. 32. In the result, we are of the opinion that the provisions contained in S. 36(2) of the Industrial Disputes Act, 1947, are not exhaustive. It is, therefore, open to an employer to seek to be represented in a proceeding under the Act by a person other than those mentioned in Cls. (a), (b) and (c) of Sub-secti....... + More
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1966 (8) TMI 71
... ... ... ... ..... ression the service in Art. 233(2) can only mean the judicial service. For the aforesaid reasons, we hold that the Rules framed by the Governor empowering him to recruit district judges from the judicial officers are unconstitutional and, therefore, for that reason also the appointment of respondents 5, 6 and 7 was bad. In this view, it is not necessary to express our view on the last two questions. In the result, we hold that the U.P. Higher Judicial Service Rules providing for the recruitment of district judges are const....... + More
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1966 (8) TMI 70
... ... ... ... ..... arming land deprived of its vegetation. That too cannot necessarily mean that the land had lost its agricultural character. The test, as we have already indicated, should be whether a prudent owner would embark on an adventure in agriculture in respect of the lands concerned. The prudent owner is the common man of the common law, sane and sensible, reasonable and responsible, averse to gambling and speculative experiments, but none the less prepared for normal risks and legitimate expenditure. The statement of the case is ....... + More
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1966 (8) TMI 69
... ... ... ... ..... and it completely overweighs the circumstances on which the appellant relies. In this view of the matter we hold that Basudeo Narain died after the death of his father Ramruch and it was one month or so after his death that Ramruch left the village as he was greatly grieved on the premature death of his son and afterwards disappeared. As Ramruch has not been heard of for more than seven years after he disappeared from the village, he must be presumed to be dead and the plaintiffs-respondents would in the circumstances be e....... + More
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1966 (8) TMI 68
... ... ... ... ..... 958 34 I.T.R. 807 (S.C.), Lakhmichand Baijnath v. Commissioner of Income-tax 1959 35 I.T.R. 416; 1959 Supp. 1 S.C.R. 415, Mansfield Sons v. Commissioner of Income-tax 1963 48 I.T.R. 254 and S. Hastimal v. Commissioner of Income-tax 1963 49 I.T.R. 273. These presumptions are of the nature dealt with in section 114 of the Evidence Act. They are presumptions of fact. Presumptions, when they arise at all, fill up gaps in evidence. They can be employed when absolutely clinching evidence may be lacking. Unless it could be shown ....... + More
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1966 (8) TMI 67
... ... ... ... ..... sed from Bhagwano Kunwar 1 bigha 5 kathas of land under the deed dated March 14, 1958, and he can claim only the rights of an alienee of a specific property from a co- owner on a general partition of the undivided properties. All the parties appearing before us conceded that on such a partition the appellant is entitled to allotment and separate possession of the lands purchased by him under the deed dated March 14, 1958. The deed is not printed in the Paper Book. It will be the duty of the trial Court now to ascertain ful....... + More
