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Lal Bhagwant Singh Vs. Rai Sahib Lala Sri Kishen Das [1953] INSC 1 (21 January 1953)

Judgement Date : 21 Jan 1953

Citation : 1953 Latest Caselaw 1 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

\"Under a compromise decree, the amount due to the plaintiff was mutually agreed upon, and it was further agreed that the defendant would convey immovable properties sufficient to satisfy the decree within one week of the decree\'s date. Following the enactment of the U.P. Agriculturists Relief Act...
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K. M. S. Lakshmanier and Sons Vs. Commissioner of Income Tax and Excess Profits Tax, Madras [1953] INSC 2 (23 January 1953)

Judgement Date : 23 Jan 1953

Citation : 1953 Latest Caselaw 2 SC

Headnote :

\"The assessees, who were the exclusive selling agents for a yarn manufacturing company and distributed yarn to several customers under forward contracts, maintained two separate accounts for each customer: a \"contract deposit account\" and a \"current yarn account.\" The advance payments received...
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Thakurain Raj Rani & Ors Vs. Thakur Dwarka Nath Singh & Ors [1953] INSC 3 (23 January 1953)

Judgement Date : 23 Jan 1953

Citation : 1953 Latest Caselaw 3 SC

Headnote :

\"On January 7, 1904, G, a cousin of S, executed an agreement in favor of S, the main content of which stated the following:\'Whereas my cousin S has proposed to make a request concerning his taluka in favor of his wife, and after her death, in favor of me and my sons, I, the undersigned, out of my...
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Bejoy Gopal Mukherji Vs. Pratul Chandra Ghose [1953] INSC 4 (28 January 1953)

Judgement Date : 28 Jan 1953

Citation : 1953 Latest Caselaw 4 SC

Headnote :

\"Permanency of tenure does not necessarily entail both fixed rent and fixed occupation, and the mere increase in rent does not automatically negate the possibility of the tenancy being permanent. Therefore, when a prior suit only addressed the issue of whether the jama could be increased and it was...
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Nalinakhya Bysack Vs. Shyam Sunder Haldar & Ors [1953] INSC 5 (29 January 1953)

Judgement Date : 29 Jan 1953

Citation : 1953 Latest Caselaw 5 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882

Headnote :

\"The term \'decree for recovery of possession\' in Section 18(1) of the West Bengal Premises Rent Control (Temporary Provisions) Act (Act XVII of 1950) does not encompass an order for the recovery of possession issued under Section 43 of the Presidency Small Cause Courts Act, 1882. As such, a perso...
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Keshav Mills Ltd. Vs. Commissioner of Income-Tax, Bombay [1953] INSC 6 (30 January 1953)

Judgement Date : 30 Jan 1953

Citation : 1953 Latest Caselaw 6 SC

Headnote :

\"A non-resident company manufactured textile goods at P, located outside British India, and sold them ex-mills. A firm, R & Co., guaranteed the sale price of these goods when sold to buyers in Ahmedabad within British India. Since the company maintained its accounts according to the mercantile syst...
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Gaya Electric Supply Co., Ltd. Vs. The-State of Bihar [1953] INSC 7 (3 February 1953)

Judgement Date : 03 Feb 1953

Citation : 1953 Latest Caselaw 7 SC

Code of Civil Procedure, 1908 (CPC)
Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

\"If the arbitration agreement is broad and comprehensive, covering any disputes between the parties related to the agreement, any provisions within the agreement, or anything arising from it, then a dispute concerning the avoidance of the contract, if it arises from the terms of the contract itself...
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Rizwan-Ul-Hasan & ANR Vs. The State of Uttar Pradesh [1953] INSC 8 (5 February 1953)

Judgement Date : 05 Feb 1953

Citation : 1953 Latest Caselaw 8 SC

Headnote :

\"Jurisdiction in contempt of court can only be invoked if there is actual prejudice, which can be considered as a significant interference with the proper course of justice.The purpose of the court\'s actions is to serve a practical function, and the court will not exercise its jurisdiction based s...
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Magga & ANR Vs. The State of Rajasthan [1953] INSC 9 (16 February 1953)

Judgement Date : 16 Feb 1953

Citation : 1953 Latest Caselaw 9 SC

Constitution of India
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 285. Commission to whom to be issued
CrPC Section 360. Order to release on probation of good conduct or after admonition
Indian Penal Code, 1860 (IPC)

Headnote :

\"Section 285 of the Criminal Procedure Code allows a trial that begins with the assistance of three assessors to continue with fewer than three if, during the trial, an assessor is unable to attend due to a valid reason. However, this provision does not authorize replacing an absent assessor or add...
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Ram Prasad Narayan Sahi & ANR Vs. The State of Bihar & Ors [1953] INSC 10 (20 February 1953)

Judgement Date : 20 Feb 1953

Citation : 1953 Latest Caselaw 10 SC

Constitution of India

Ameerunnissa Begum & Ors Vs. Mahboob Begum & Ors [1952] INSC 70 (9 December 1952)

Headnote :

\"The Court of Wards granted the appellants a large tract of land belonging to the Bettiah Raj, which was under its management, based on the recommendation of the Board of Revenue and at half the usual rates. A few years later, the Working Committee of the Indian National Congress expressed concerns...
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Hoosein Kasam Dada (India) Ltd. Vs. The State of Madhya Pradesh & Ors [1953] INSC 11 (23 February 1953)

Judgement Date : 23 Feb 1953

Citation : 1953 Latest Caselaw 11 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

\"The right to appeal is a substantive right, not merely procedural, and it becomes vested in a party once proceedings are initiated and before a decision is made by the lower court. This right cannot be revoked unless explicitly stated by law or implied by necessary intent.Section 22(1) of the Cent...
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Buddu Satyanarayana & Ors Vs. Konduru Venkatapayya & Ors [1953] INSC 12 (26 February 1953)

Judgement Date : 26 Feb 1953

Citation : 1953 Latest Caselaw 12 SC

Headnote :

\"While, in certain circumstances, a presumption of lawful ownership can be made to support possessory rights that have been quietly and continuously enjoyed in the absence of actual proof of title, such a presumption cannot be applied where there is sufficient and convincing evidence detailing the...
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Asrumati Debi Vs. Kumar Rupendra Deb Raikot & Ors [1953] INSC 13 (27 February 1953)

Judgement Date : 27 Feb 1953

Citation : 1953 Latest Caselaw 13 SC

Headnote :

\"An order for the transfer of a suit made under clause 13 of the Letters Patent of the Calcutta High Court is not considered a \'judgment\' as per clause 15 of the Letters Patent, and therefore, no appeal can be filed against it under the Letters Patent. This is because such an order does not affec...
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Flection Commission, India Vs. Saka Venkata Subba Rao Union of India [1953] INSC 14 (27 February 1953)

Judgement Date : 27 Feb 1953

Citation : 1953 Latest Caselaw 14 SC

Constitution of India
Representation of the People Act, 1951

Headnote :

\"The respondent, who had been convicted and sentenced to rigorous imprisonment for seven years, was elected as a member of the Madras Legislative Assembly. At the request of the Speaker of the Assembly, the Governor of Madras referred to the Election Commission (whose offices are permanently locate...
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Namdeo Lokman Lodhi Vs. Narmadabai & Ors [1953] INSC 15 (27 February 1953)

Judgement Date : 27 Feb 1953

Citation : 1953 Latest Caselaw 15 SC

Section 10. TPA, Condition restraining alienation.
Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 111. TPA, Determination of lease.
Section 114. TPA, Relief against forfeiture for non-payment of rent.
Section 116. TPA, Effect of holding over.

Headnote :

The respondent, who had been convicted and sentenced to seven years of rigorous imprisonment, was elected as a member of the Madras Legislative Assembly. At the request of the Assembly\'s Speaker, the Governor of Madras referred the matter of the respondent’s disqualification to the Election Commi...
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Saraswathi Ammal Vs. Jagadambal & ANR [1953] INSC 16 (27 February 1953)

Judgement Date : 27 Feb 1953

Citation : 1953 Latest Caselaw 16 SC

Headnote :

The evidence presented did not establish the custom that had been claimed, namely that within the community of dasis (dancing girls) in South India, a dasi’s daughter succeeded her mother over the married daughters. In the absence of such a custom, succession to a dasi’s property must be governe...
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Chairman of The Bankura Municipality Vs. Lalji Raja And Sons [1953] INSC 17 (12 March 1953)

Judgement Date : 12 Mar 1953

Citation : 1953 Latest Caselaw 17 SC

CrPC Section 435. State Government to act after consultation with Central Government in certain cases
CrPC Section 438. Direction for grant of bail to person apprehending arrest

Headnote :

An order issued by a District Magistrate under sections 431 and 432 of the Bengal Municipal Act (XV of 1932) regarding the disposal of an article of food seized under section 428 of the same Act does not constitute a forfeiture of property as defined in the proviso to rule 9 of Chapter II, Part II o...
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Hiralal & Ors Vs. Badkulal & Ors [1953] INSC 18 (12 March 1953)

Judgement Date : 12 Mar 1953

Citation : 1953 Latest Caselaw 18 SC

Headnote :

The defendants, who had been in dealings with the plaintiffs for several years, signed the following entry in the plaintiffs\' account book, placed under previous entries:\"After adjusting the accounts, Rs. 34,000 found correct and payable.\"It was held that this constituted an unequivocal acknowled...
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Ram Narayan Singh Vs. The State of Delhi & Ors [1953] INSC 19 (12 March 1953)

Judgement Date : 12 Mar 1953

Citation : 1953 Latest Caselaw 19 SC

CrPC Section 344. Summary procedure for trial for giving false evidence
Indian Penal Code, 1860 (IPC)
IPC Section 188. Disobedience to order duly promulgated by public servant

Headnote :

In habeas corpus proceedings, the Court must focus on the legality of the detention at the time of the return, rather than considering the initiation of the proceedings.Section 344 of the Criminal Procedure Code stipulates that if a Magistrate decides to adjourn a case, they must \"remand by warrant...
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The State of Bombay Vs. Pandurang Vinayak Chaphalkar & Ors [1953] INSC 20 (13 March 1953)

Judgement Date : 13 Mar 1953

Citation : 1953 Latest Caselaw 20 SC

Bombay General Clauses Act, 1904
Bombay General Clauses Act, 1904

Headnote :

The Bombay Building (Control on Erection) Ordinance of 1948 applied to specific areas listed in the Ordinance\'s Schedule. The Government, using its powers under the Ordinance, extended its provisions to additional areas, including Ratnagiri, for buildings intended for cinemas and other entertainmen...
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Satish Chandra Anand Vs. The Union of India [1953] INSC 21 (13 March 1953)

Judgement Date : 13 Mar 1953

Citation : 1953 Latest Caselaw 21 SC

Government of India Act, 1935

Headnote :

The petitioner was employed by the Government of India under a five-year contract in the Resettlement and Employment Directorate of the Ministry of Labour. As his contract was nearing its end, the Government offered him a new temporary position to continue in his role for the duration of the Resettl...
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Atherton West & Co. Ltd. Vs. Suti Mill Mazdoor Union & Ors [1953] INSC 22 (16 March 1953)

Judgement Date : 16 Mar 1953

Citation : 1953 Latest Caselaw 22 SC

Industrial Disputes Act, 1947

Headnote :

Under clauses 4 and 7(3) of Notification No. 781 (L)/XVIII issued by the United Provinces Government on March 10, 1948, the absence of one member of the Regional Conciliation Board on the final day of the hearing, and their non-participation in the making and signing of the award, would not render t...
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Trojan & Co. Ltd. Vs. Rm. N. N. Nagappa Chettiar [1953] INSC 23 (20 March 1953)

Judgement Date : 20 Mar 1953

Citation : 1953 Latest Caselaw 23 SC

Headnote :

When a person is fraudulently induced to purchase shares at a particular price, the damages they are entitled to recover from the seller is the difference between the price paid for the shares and their actual value on the date of purchase.Typically, the market price of the shares on the date of the...
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The State of Bombay & ANR Vs. The United Motors (India) Ltd. & Ors [1953] INSC 24 (30 March 1953)

Judgement Date : 30 Mar 1953

Citation : 1953 Latest Caselaw 24 SC

Constitution of India

Headnote :

The Bombay Legislature passed the Bombay Sales Tax Act, 1952, which imposed a general tax under Section 5 on every dealer whose turnover from sales within the State of Bombay exceeded Rs. 30,000 during the prescribed period, and a special tax under Section 10 on dealers whose turnover from sales of...
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The Seksaria Cotton Mills Ltd. Vs. The State of Bombay [1953] INSC 25 (30 March 1953)

Judgement Date : 30 Mar 1953

Citation : 1953 Latest Caselaw 25 SC

Headnote :

A Government Notification issued under the Essential Supplies Act, 1946, required every manufacturer to provide \"true and accurate information related to their undertakings.\" The printed note accompanying the form clarified that \"delivery\" referred to the physical delivery of cloth in bales and...
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Mushtak Hussein Vs. The State of Bombay [1953] INSC 26 (30 March 1953)

Judgement Date : 30 Mar 1953

Citation : 1953 Latest Caselaw 26 SC

Indian Penal Code, 1860 (IPC)

Headnote :

In his instructions to the jury, the Judge described the case as a jigsaw puzzle with missing pieces and urged the jury to use their ingenuity to complete the puzzle by evaluating the probabilities and attempting to solve it. The court held that this was a misdirection, as it encouraged the jury to...
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Poppatlal Shah Vs. The State of Madras [1953] INSC 27 (30 March 1953)

Judgement Date : 30 Mar 1953

Citation : 1953 Latest Caselaw 27 SC

Constitution of India
Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

Under the Madras Sales Tax Act, 1939, as it was prior to its amendment by Madras Act XXV of 1947, simply entering into a contract of sale within the Province of Madras did not render a transaction that was completed in another province, where the property in the goods passed, as a sale within Madras...
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Habeeb Mohamed Vs. The State of Hyderabad [1953] INSC 28 (30 March 1953)

Judgement Date : 30 Mar 1953

Citation : 1953 Latest Caselaw 28 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

In assessing the validity of a pre-Constitution statute based on its provisions conflicting with the equal protection clause of the Constitution, two principles must be considered:The equal protection clause does not have retrospective effect. Even if a law is discriminatory, it remains valid for pa...
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Basir-Ul-Huq & Ors Vs. The State of West Bengal [1953] INSC 29 (10 April 1953)

Judgement Date : 10 Apr 1953

Citation : 1953 Latest Caselaw 29 SC

Constitution of India
CrPC Section 190. Cognizance of offences by Magistrates
CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
CrPC Section 199. Prosecution for defamation
Indian Penal Code, 1860 (IPC)
IPC Section 182. False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC Section 211. False charge of offence made with intent to injure
IPC Section 297. Trespassing on burial places, etc.
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 499. Defamation
IPC Section 500. Punishment for defamation

Headnote :

The accused reported to the police that X had beaten and strangled his mother to death. During the funeral, as the pyre burned, the accused entered the cremation ground with the police. Upon examination, the report was found to be false. Subsequently, X filed a complaint, and the accused was charged...
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Ebrahim Aboobaker & ANR Vs. Tekchand Dolwaniebrahim Aboobaker & ANR [1953] INSC 30 (10 April 1953)

Judgement Date : 10 Apr 1953

Citation : 1953 Latest Caselaw 30 SC

Administration of Evacuee Property Act, 1950
Code of Civil Procedure, 1908 (CPC)

Headnote :

If a Mohammedan against whom proceedings have been initiated under the Administration of Evacuee Property Act, 1950 for declaring him an evacuee and his properties as evacuee properties dies during the pendency of the proceedings, he cannot be declared an evacuee posthumously. Furthermore, his prope...
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Punjab National Bank Ltd. Vs. Employees of The Bank [1953] INSC 31 (10 April 1953)

Judgement Date : 10 Apr 1953

Citation : 1953 Latest Caselaw 31 SC

Industrial Disputes Act, 1947

Headnote :

During the pendency of proceedings before an Industrial Tribunal regarding disputes between a bank and its employees, represented by their union, the respondents, along with over a thousand other workers, initiated a general strike over a new dispute. The bank dismissed the striking employees, and i...
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The State of Assam Vs. Keshab Prasad Singh & ANR [1953] INSC 32 (14 April 1953)

Judgement Date : 14 Apr 1953

Citation : 1953 Latest Caselaw 32 SC

Headnote :

The Government of Assam sought to settle a fishery directly under Rule 190-A of the rules framed under the Assam Land and Revenue Regulation (1 of 1886). It instructed the Deputy Commissioner to auction the fishery and submit the bid list to the Government along with a recommendation for direct sett...
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Lakshmana Nadar & Ors Vs. R. Ramier [1953] INSC 33 (14 April 1953)

Judgement Date : 14 Apr 1953

Citation : 1953 Latest Caselaw 33 SC

Headnote :

A Hindu Brahmin governed by Mitakshara law executed a will with the following provisions:\"After my lifetime, my wife, Ranganayaki Ammal, shall enjoy the entirety of my properties during her lifetime. After her lifetime, our daughter, Ramalakshmi Ammal, and her heirs shall have absolute rights to th...
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Kumbha Mawji Vs. Union of India [1953] INSC 34 (16 April 1953)

Judgement Date : 16 Apr 1953

Citation : 1953 Latest Caselaw 34 SC

Headnote :

The mere act of a party filing an award in court without the arbitrator\'s or umpire\'s explicit authority does not satisfy the requirements of Section 14 of the Indian Arbitration Act, 1940. Additionally, the handing over of the original award by the umpire to both parties does not imply that they...
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Dr. Ram Krishan Bhardwaj Vs. The State of Delhi & Ors [1953] INSC 35 (16 April 1953)

Judgement Date : 16 Apr 1953

Citation : 1953 Latest Caselaw 35 SC

Constitution of India

Headnote :

Under Article 21(5), as interpreted in a prior decision of this Court, a person detained under the Preventive Detention Act has two distinct rights: (1) the right to have the grounds of detention communicated to them, and (2) the right to receive sufficient and adequate particulars, as circumstances...
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Maqbool Hussain Vs. The State of Bombay [1953] INSC 36 (17 April 1953)

Judgement Date : 17 Apr 1953

Citation : 1953 Latest Caselaw 36 SC

Constitution of India
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
Preventive Detention Act, 1950

Headnote :

The language of Article 20 of the Constitution and the terms used therein indicate that the proceedings contemplated are of a criminal nature before a court of law or a judicial tribunal. In this context, \"prosecution\" refers to the initiation or commencement of criminal proceedings before a court...
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Motipur Zamindari Co. Ltd. Vs. The State of Bihar & ANR [1953] INSC 37 (17 April 1953)

Judgement Date : 17 Apr 1953

Citation : 1953 Latest Caselaw 37 SC

Bihar Land Reforms Act, 1950
Constitution of India

Headnote :

The term \"person\" as used in the definitions of \"proprietor\" and \"tenure-holder\" in Sections 2(o) and 2(r) of the Bihar Land Reforms Act, 1950, includes companies incorporated under the Indian Companies Act, 1913.There is no contradiction in the subject or context of the Act that would exclude...
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Commissioner of Income-Tax, West Bengal Vs. H. Hirjee [1953] INSC 38 (17 April 1953)

Judgement Date : 17 Apr 1953

Citation : 1953 Latest Caselaw 38 SC

Headnote :

The respondent, who was engaged in business, was prosecuted under Section 13 of the Hoarding and Profiteering Ordinance of 1943 on the charge of selling goods at an unreasonable price.After being acquitted, he claimed that the sum of Rs. 10,895 spent on defending himself should be deducted from his...
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National Sewing Thread Co. Ltd. Vs. James Chadwick & Bros. Ltd. [1953] INSC 39 (7 May 1953)

Judgement Date : 07 May 1953

Citation : 1953 Latest Caselaw 39 SC

Constitution of India
Government of India Act, 1935

Headnote :

Section 76(1) of the Trade Marks Act, 1940, provides that an appeal may be made to the High Court having jurisdiction from any decision made by the Registrar under the Act or its rules. However, the Act does not specify the procedure for the High Court in handling such appeals or whether the High Co...
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State of Travancore-Cochin & Ors Vs. Shanmugha Vilas Cashew Nut Factory & Ors [1953] INSC 40 (8 May 1953)

Judgement Date : 08 May 1953

Citation : 1953 Latest Caselaw 40 SC

Constitution of India
Government of India Act, 1935

Headnote :

Held by (Patanjali Sastri C.J., Mukherjee, Vivian Bose, and Ghulam Hasan JJ.): (i) Sales and purchases that directly result in the export or import of goods, as applicable, to or from India, fall under Article 286(1)(b) and are exempt from state taxation.(ii) Purchases within the state made by the e...
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Brahma Prakash Sharma & Ors Vs. The State of Uttar Pradesh [1953] INSC 41 (8 May 1953)

Judgement Date : 08 May 1953

Citation : 1953 Latest Caselaw 41 SC

Headnote :

117O The purpose of contempt proceedings is not to protect judges personally from criticisms they may face as individuals, but to safeguard the public interest. The public\'s confidence in the judicial system could be severely undermined if the authority of the court is diminished through the action...
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Dalip Singh & Ors Vs. State of Punjab [1953] INSC 42 (15 May 1953)

Judgement Date : 15 May 1953

Citation : 1953 Latest Caselaw 42 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

Before Section 149 of the Indian Penal Code can be invoked, the court must be certain that there were at least two individuals who shared a common objective.However, this does not imply that five individuals must always be convicted for Section 149 to apply. If the judge determines that five persons...
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Thakur Raghubir Singh Vs. Court of Wards, Ajmer, & ANR [1953] INSC 43 (15 May 1953)

Judgement Date : 15 May 1953

Citation : 1953 Latest Caselaw 43 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Section 112 of the Ajmer Tenancy and Land Records Act (XLII of 1950) stated that \"if a landlord repeatedly violates the rights of a tenant under this Act, he shall, regardless of Section 7 of the Ajmer Government Wards Regulation, 1888 (I of 1888), be deemed a \'landlord who is disqualified from ma...
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Cheruvu Nageswaraswami Vs. Rajah Vadrevu Viswasundara Rao & Ors [1953] INSC 44 (18 May 1953)

Judgement Date : 18 May 1953

Citation : 1953 Latest Caselaw 44 SC

Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Section 74. Compensation of breach of contract where penalty stipulated for

Headnote :

Under Section 28A of the Provincial Insolvency Act, 1920, as amended by the Provincial Insolvency (Amendment) Act of 1948, which has been explicitly made retrospective, when a Hindu father, governed by the Mitakshara law, is declared bankrupt, his ability to alienate the interest of his sons in the...
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Mathalone Vs. Bombay Life Assurance Co. Ltd. [1953] INSC 45 (19 May 1953)

Judgement Date : 19 May 1953

Citation : 1953 Latest Caselaw 45 SC

Headnote :

A, who owned a certain number of shares in a company, sold some of these shares to B on July 29, 1944, and executed blank transfer forms for the shares. B applied to the company for the registration of his name on April 11, 1945, but his application was rejected. Meanwhile, in February 1945, the com...
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Kedar Nath Bajoria Vs. The State of West Bengal [1953] INSC 46 (22 May 1953)

Judgement Date : 22 May 1953

Citation : 1953 Latest Caselaw 46 SC

Constitution of India
CrPC Section 260. Power to try summarily
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 417. Punishment for cheating
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

Whether a law that provides for a special procedure for the trial of certain offenses is discriminatory and violates Article 14 of the Constitution must be determined on a case-by-case basis, as no general rule can be universally applied.The West Bengal Criminal Law Amendment (Special Courts) Act, 1...
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Rao Shiv Bahadur Singh & ANR Vs. The State of Vindhya Pradesh [1953] INSC 47 (22 May 1953)

Judgement Date : 22 May 1953

Citation : 1953 Latest Caselaw 47 SC

Constitution of India
CrPC Section 268. Power of State Government to exclude certain persons from operation of section 267
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 4. Extension of Code to extra-territorial offences
Merged States (Laws) Act, 1949

Headnote :

The appellants, who were the Minister for Industries and Secretary to the Government of the State of Vindhya Pradesh during the relevant period, were tried by a Special Judge under the Vindhya Pradesh Criminal Law Amendment (Special Courts) Ordinance (No. V of 1949) for charges under sections 120-B,...
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Nain Sukh Das & ANR Vs. The State of Uttar Pradesh & Ors [1953] INSC 48 (22 May 1953)

Judgement Date : 22 May 1953

Citation : 1953 Latest Caselaw 48 SC

Constitution of India

Headnote :

The petitioners, residents of a municipality, claimed that they were deprived of their right to vote and to stand as candidates in certain by-elections to the Municipal Board. They argued that these by-elections were conducted on communal lines, based on separate electorates, which they contended wa...
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K.C. Gajapati Narayan Deo And Other Vs. The State of Orissa [1953] INSC 49 (29 May 1953)

Judgement Date : 29 May 1953

Citation : 1953 Latest Caselaw 49 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The Bill pertaining to the Orissa Estates Abolition Act, 1952 was published in the Gazette on January 3, 1950.It included a provision stating that any sum payable for agricultural income-tax for the previous year should be deducted from the gross asset of an estate when determining its net income, w...
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Sardar Indra Singh and Sons Ltd. Vs. Commissioner of Income Tax, West Bengal [1953] INSC 50 (23 September 1953)

Judgement Date : 23 Sep 1953

Citation : 1953 Latest Caselaw 50 SC

Headnote :

The issue of whether the surplus from the sale of shares and securities is to be considered as profits or gains, or merely an appreciation of capital due to a change in investment, depends on whether the sales that generated the surplus were closely linked to the business activities of the assessee....
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