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M.N. Clubwala v. Fida Hussain Saheb, 1964

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M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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State (Delhi Administration) v. Sanjay Gandhi (1978)

State (Delhi Administration) v. Sanjay Gandhi (1978) Case Summary

Facts

  1. The present appeal for the cancellation of bail was raised after the two approvers turned hostile and resiled from their earlier statements.
  2. Earlier the respondent was granted anticipatory bail on charges made by the CBI under S.120B read with S.409, S.435, and S.201 of the IPC. 
  3. It was alleged that the respondent along with other officials and Minister for Information and Broadcasting, V.C. Shukla, had burnt and destroyed the film "Kissa Kursi Ka" in a factory premises of Maruti Ltd, which had to be screened before the Judges of the Supreme Court to decide whether the censor board had rightly refused to grant certificate for exhibition or not.

Issue

  1. Whether the High Court was right in rejecting the application for cancellation of bail.

Ratio Decidendi

  1. The Court said rejection of bail and cancellation of bail is different, it is easier to reject a bail application than to cancel a bail granted.
  2. The fact that the witness has turned hostile needs to show a reasonable involvement of the respondent. A  witness may resile on his own volition out of love and affection being a relative to the accused or out of a sense of gratitude for being an employee.
  3. The prosecution has to prove that the accused had attempted to tamper or has tampered with its witnesses.
  4. The prosecution doesn't have to prove beyond reasonable doubt that the witnesses had resiled because the accused had won over the witnesses. 
  5. To get a cancellation of the bail order, the prosecution has to show-
    1. The preponderance of probabilities that the accused had attempted to tamper or has tampered with its witnesses.
    2. There exists a reasonable apprehension that the accused will interfere with the course of justice.
  6. In the Gurucharan Singh v. State, 1978: the Court observed that while cancelling a bail order, the Court shall consider that- 
    1. There exists a prima facie case, and
    2. There is a likelihood of tampering with the prosecution witnesses.
  7. The prosecution has established a primary facie case that the respondent has tampered with the prosecution witnesses as
    1. Both the witnesses have complained to the CBI that the respondent contacted him.
    2. One of the appellants admitted that he had made a written complaint.
    3. Satpal Singh saw the respondent and one of the witnesses together.
    4. Sarup Singh saw the respondent coming to the factory and heard him assuring Yadav not to worry.

Decisions

  1. The respondent had abused his liberty and tampered with the prosecution witnesses.
  2. Appeal allowed.
  3. The Court set aside the order of the High Court and canceled the bail for one month.

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Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875)

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Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353

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Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353 Case Summary Introduction The case of Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate involved a dispute between the management of the Dimakuchi Tea Estate and its workers. This case has discussed and cleared the meaning of the expression "any person" used in S.2(K) of the Industrial Dispute Act, 1947. The Supreme Court ruled in favour of a limited interpretation of the term "any person" thereby excluding the present appellant from the ambit of the Industrial Disputes Act of 1947. This decision denied the jurisdiction of the Industrial Tribunal to adjudicate the dispute and extended the benefits and protections of the Act to the employers. Facts of the Case The dispute was raised over the termination of the service of Dr K.P. Banerjee, who was appointed as an Assistant Medical Officer in the Respondent's estate (Dimakuchi Tea Estate), on the grounds of being incompetent. Although th
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