Caselaw | Supreme Court Judgements of 1956

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Harihar Prasad Singh & ANR Vs. Must. of Munshi Nath Prasad& Ors [1956] INSC 1 (16 January 1956)

Judgement Date : 16 Jan 1956

Citation : 1956 Latest Caselaw 1 SC

Section 116. TPA, Effect of holding over.
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Section 76. TPA, Liabilities of mortgagee in possession.
Section 83. TPA, Power to deposit in Court money due on mortgage.

Mahabir Gope & Ors Vs. Harbans Narain Singh & Ors [1952] INSC 22 (14 April 1952)

Headnote :

The appellants acquired the mortgagors\' interests in the agricultural lands in question and deposited the mortgage amounts in court as per section 83 of the Transfer of Property Act. These amounts were subsequently withdrawn by the mortgagees\' representatives, leading to the redemption of the mort...

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The State of Bombay Vs. R. S. Nanji [1956] INSC 2 (17 January 1956)

Judgement Date : 17 Jan 1956

Citation : 1956 Latest Caselaw 2 SC

Bombay Land Requisition Act, 1948
Bombay Land Requisition Act, 1948
Road Transport Corporations Act, 1950

The State of Bombay Vs. Ali Gulshan [1955] INSC 49 (4 October 1955)

Headnote :

Exercising the authority granted by subsection (1) of section 5 of the Bombay Land Requisition Act, 1948, the Government of Bombay issued an order on May 12, 1952, to requisition the specified premises for a public purpose, specifically to accommodate an officer of the State Road Transport Corporati...

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Sri Sadasib Prakash Brahmachari Vs. The State of Orissa [1956] INSC 3 (20 January 1956)

Judgement Date : 20 Jan 1956

Citation : 1956 Latest Caselaw 3 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Orissa Hindu Religious Endowments Act, 1951

Headnote :

Sections 38 and 39 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939), as amended by Orissa Act XVIII of 1953, were ruled unconstitutional and void by the Supreme Court in the case of Mahant Sri Jagannath Bamanuj Das v. The State of Orissa ([1954] S.C.R. 1046). The Court foun...

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Ram Chandra Palai & Ors Vs. The State of Orissa & Ors [1956] INSC 4 (20 January 1956)

Judgement Date : 20 Feb 1956

Citation : 1956 Latest Caselaw 4 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The petitioners were the proprietors of Stage Carriage Services who held permits under the Motor Vehicles Act of 1939. The State Government of Orissa, in line with its initiative for a Nationalised State Transport as outlined in the Orissa Motor Vehicles (Regulation of Stage Carriage and Public Carr...

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Dharmanand Pant Vs. State of Uttar Pradesh [1956] INSC 5 (30 January 1956)

Judgement Date : 30 Jan 1956

Citation : 1956 Latest Caselaw 5 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 249. Absence of complainant
CrPC Section 97. Search for persons wrongfully confined
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

In criminal proceedings, it is generally required that key witnesses, whose testimonies are essential for establishing the case against the accused, be examined in court. The use of commissions should typically be limited to formal witnesses or those who cannot be presented without causing unreasona...

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Ratan Rai Vs. State of Bihar [1956] INSC 6 (30 January 1956)

Judgement Date : 30 Jan 1956

Citation : 1956 Latest Caselaw 6 SC

CrPC Section 307. Power to direct tender of pardon
Indian Penal Code, 1860 (IPC)
IPC Section 436. Mischief by fire or explosive substance with intent to destroy house, etc.

Headnote :

The appellants faced charges under sections 435 and 436 of the Indian Penal Code and were tried by a jury, which delivered a majority verdict of guilty. However, the Assistant Sessions judge disagreed with this verdict and referred the case to the High Court.During the hearing of the reference, the...

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The State of Bihar Vs. Ram Naresh Pandey [1956] INSC 7 (31 January 1956)

Judgement Date : 31 Jan 1956

Citation : 1956 Latest Caselaw 7 SC

CrPC Section 202. Postponement of issue of process
CrPC Section 333. When accused appears to have been of sound mind
CrPC Section 417. Power to appoint place of imprisonment
CrPC Section 61. Form of summons
Indian Penal Code, 1860 (IPC)

Headnote :

According to Section 494 of the Code of Criminal Procedure, 1898: \"Any Public Prosecutor may, with the Court\'s consent, withdraw from the prosecution of any individual, either generally or regarding specific offenses, in cases tried by jury before the verdict is returned, and in other cases before...

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Jai Narain Ram Lundia Vs. Kedar Nath Khetan & Ors [1956] INSC 8 (31 January 1956)

Judgement Date : 31 Jan 1956

Citation : 1956 Latest Caselaw 8 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A court responsible for executing a decree cannot alter its terms. When the obligations imposed on the parties are reciprocal and inseparable, partial execution is not feasible; thus, the decree must be executed in its entirety or not at all. This principle is especially relevant in cases of specifi...

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Raja Sri Sailendra Narayanbhanja Deo Vs. The State of Orissa [1956] INSC 9 (3 February 1956)

Judgement Date : 03 Feb 1956

Citation : 1956 Latest Caselaw 9 SC

Land Registration Act, 1876
Land Registration Act, 1876

Headnote :

The appellant initiated legal action against the State of Orissa, seeking a declaration that the Orissa Estates Abolition Act of 1951 was invalid, unconstitutional, and beyond the powers of the State Legislature in its application to the Kanika Raj, of which he was the Raja and owner. He also sought...

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Messrs Pratapmal Luxmichand Vs. Commissioner of Income-Tax, Madhya Pradesh [1956] INSC 10 (8 February 1956)

Judgement Date : 08 Feb 1956

Citation : 1956 Latest Caselaw 10 SC

Headnote :

The appellant, a partnership firm with seven partners, had a partnership deed executed by all partners except one, who was incarcerated as a security prisoner under the Defence of India Rules. The firm applied for registration under section 26-A of the Indian Income Tax Act, but the Income Tax Offic...

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Mukti Lal Agarwala Vs. Trustees of The Provident Fund of The Tin Plate Co. of India [1956] INSC 11 (14 February 1956)

Judgement Date : 14 Feb 1956

Citation : 1956 Latest Caselaw 11 SC

Code of Civil Procedure, 1908 (CPC)
Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920

Headnote :

The six employees of Tin Plate Co. of India Ltd. were declared insolvent. They were participants in the company\'s Provident Fund, which held certain amounts credited to their accounts.The creditors of these employees filed applications under section 4 of the Insolvency Act against the company and t...

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Firm of Bhagat Ram Mohanlal Vs. The Commissioner of Excess Profits Tax, Madhya Pradesh [1956] INSC 12 (15 February 1956)

Judgement Date : 15 Feb 1956

Citation : 1956 Latest Caselaw 12 SC

Headnote :

The firm Bhagat Ram Mohan Lal-Appellant was established on August 23, 1940, and registered under section 26-A of the Indian Income Tax Act. The partners listed on the registration certificate were (1) Bhagat Ram Mohan Lal (Hindu undivided family), (2) Richpal, and (3) Gajadhar, with respective share...

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Kuldip Singh Vs. The State of Punjab & ANR [1956] INSC 13 (15 February 1956)

Judgement Date : 15 Feb 1956

Citation : 1956 Latest Caselaw 13 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
CrPC Section 476. Forms
Indian Penal Code, 1860 (IPC)
IPC Section 193. Punishment for false evidence
IPC Section 471. Using as genuine a forged document or electronic record
Punjab Courts Act, 1918
Punjab Courts Act, 1918

Keshardeo Chamria Vs. Radha Kissen Chamria & Ors [1952] INSC 52 (30 October 1952)

Headnote :

The determination of which Court is authorized to file a complaint under section 476-A in conjunction with section 195(3) of the Code of Criminal Procedure, in cases where no complaint has been made by the Court where the offense occurred or its successor, hinges on the type of proceeding in which t...

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Dulichand Lakshminarayan Vs. The Commissioner of Income-Tax, Nagpur [1956] INSC 14 (17 February 1956)

Judgement Date : 17 Feb 1956

Citation : 1956 Latest Caselaw 14 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872
Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

In relation to the assessment for the year 1949-1950 of the unregistered firm Dulichand Lakshminarayan, an application was submitted under section 26-A of the Indian Income Tax Act, 1922, to the Income-Tax Officer in Raigarh, seeking registration as a firm based on a Deed of Partnership dated Februa...

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Messrs Mela Ram & Sons Vs. The Commissioner of Income-Tax, Punjab [1956] INSC 15 (21 February 1956)

Judgement Date : 21 Feb 1956

Citation : 1956 Latest Caselaw 15 SC

Headnote :

The appellant firm submitted appeals against the income-tax and super-tax assessments for the years 1945-1946 and 1946-1947, but these were filed after the deadline set by section 30(2) of the Income-tax Act. The appeals were assigned numbers, and notices for their hearings were issued under section...

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Ram Krishan & ANR Vs. The State of Delhi [1956] INSC 16 (9 March 1956)

Judgement Date : 09 Mar 1956

Citation : 1956 Latest Caselaw 16 SC

Indian Penal Code, 1860 (IPC)
IPC Section 116. Abetment of offence punishable with imprisonment-if offence be not committed
IPC Section 183. Resistance to the taking of property by the lawful authority of a public servant
IPC Section 21. Public Servant

Headnote :

The appellants were suspected of exporting potatoes at reduced rates based on false declarations, prompting the assignment of Madan Lal, a Railway Officer, to assist the Police with the investigation. During this investigation, the appellants attempted to bribe Madan Lal to suppress the case, but he...

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Shambu Nath Mehra Vs. The State of Ajmer [1956] INSC 17 (12 March 1956)

Judgement Date : 12 Mar 1956

Citation : 1956 Latest Caselaw 17 SC

Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

The appellant faced trial under section 420 of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act of 1947 for allegedly obtaining a total of Rs. 23-12-0 from the Government as travel allowance, representing second class railway fares for two journeys: one from Ajmer to Abu Ro...

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Wasim Khan Vs. The State of Uttar Pradesh [1956] INSC 18 (12 March 1956)

Judgement Date : 12 Mar 1956

Citation : 1956 Latest Caselaw 18 SC

CrPC Section 287. Parties may examine witnesses
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The appellant received a death sentence for the murder of an individual and an additional seven years of rigorous imprisonment for robbing the deceased of his belongings. Evidence presented in court established that the victim, a shopkeeper from the village of Jarwal, had traveled to Lucknow to buy...

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Bimbadhar Pradhan Vs. The State of Orissa [1956] INSC 19 (13 March 1956)

Judgement Date : 13 Mar 1956

Citation : 1956 Latest Caselaw 19 SC

CrPC Section 221. Where it is doubtful what offence has been committed
CrPC Section 225. Trial to be conducted by Public Prosecutor
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Dalip Singh & Ors Vs. State of Punjab [1953] INSC 42 (15 May 1953)

Headnote :

The appellant, along with four others, faced trial before the Assistant Sessions Judge of Sambalpur for offenses under sections 120-B, 409, 477-A, and 109 of the Indian Penal Code (I.P.C.), which included charges of criminal conspiracy, criminal breach of trust regarding government property, and fal...

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Vemireddy Satyanarayan Reddy and Three Others Vs. The State of Hyderabad [1956] INSC 20 (14 March 1956)

Judgement Date : 14 Mar 1956

Citation : 1956 Latest Caselaw 20 SC

Headnote :

There is no justification for the extreme claim that if a person witnesses a crime and fails to report it, he could be legally considered an accomplice and face charges alongside the actual offenders.A person may be present at a crime scene and, if not actively assisting or encouraging the crime, ca...

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The Commissioner of Income Tax and Excess Profits Tax Vs. The South India Pictures Ltd. [1956] INSC 21 (14 March 1956)

Judgement Date : 14 Nov 1956

Citation : 1956 Latest Caselaw 21 SC

Headnote :

The assessee, a private limited company, was engaged in the business of film distribution. In certain cases, the company would either produce or purchase films and subsequently distribute them for exhibition in various cinema halls. In other instances, the company would provide financial support to...

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Raman & Raman Ltd. Vs. The State of Madras & ANR [1956] INSC 22 (15 March 1956)

Judgement Date : 15 Mar 1956

Citation : 1956 Latest Caselaw 22 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The appellant and respondent No. 2, along with others, applied for stage-carriage permits for two different routes. The Regional Transport Authority granted a permit for one route to the appellant and for the other route to respondent No. 2.Both parties appealed to the Central Road Traffic Board, bu...

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Bidi Supply Co. Vs. The Union of India & Ors [1956] INSC 23 (20 March 1956)

Judgement Date : 20 Mar 1956

Citation : 1956 Latest Caselaw 23 SC

Constitution of India

Headnote :

The petitioners\' registered firm is headquartered in Calcutta, where it maintains its accounting records and banking account, with all members being Indian citizens. Since its establishment, the firm has consistently been assessed for income tax by the Income-Tax Officer of District III, Calcutta....

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Sukha & Ors Vs. The State of Rajasthan [1956] INSC 24 (5 April 1956)

Judgement Date : 05 Apr 1956

Citation : 1956 Latest Caselaw 24 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
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The common intention required by Section 34 of the Indian Penal Code and the common object outlined in Section 149, while they may sometimes overlap, are utilized in different contexts and should be distinguished from one another. In cases involving Section 149, there is no necessity for a prior agr...

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Karanpura Development Co., Ltd. Vs. Raja Kamakshya Narain Singh [1956] INSC 25 (10 April 1956)

Judgement Date : 10 Apr 1956

Citation : 1956 Latest Caselaw 25 SC

Court of Wards Act, 1879
Court of Wards Act, 1879
Court of Wards Act, 1879
Guardians and Wards Act, 1890

Headnote :

Section 18 of the Court of Wards Act, 1879 states that the Court of Wards has the authority to approve leases or farms for all or part of any property under its management, as well as to direct the mortgage or sale of any portion of such property, and to undertake any other actions it deems benefici...

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Raja Bhairebendra Narayan Bhup Vs. The State of Assam [1956] INSC 26 (11 April 1956)

Judgement Date : 11 Apr 1956

Citation : 1956 Latest Caselaw 26 SC

Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

The appellants, through two lawsuits heard by a Full Bench of the Assam High Court, contested the constitutional validity of the Assam State Acquisition of Zamindaries Act of 1951, as amended by Assam Act VI of 1954. The Assam Legislative Assembly had approved the Bill on March 28, 1949.The Bill was...

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Banarsi Das & Ors Vs. The State of Uttar Pradesh & Ors [1956] INSC 27 (16 April 1956)

Judgement Date : 16 Apr 1956

Citation : 1956 Latest Caselaw 27 SC

Constitution of India

Headnote :

The petitioners, who are expatriate patwaris from the State of Uttar Pradesh, filed a petition in the Supreme Court under Article 32 of the Constitution, claiming that their rights to equality before the law and equal employment opportunities, as guaranteed by Articles 14 and 16, had been violated.A...

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Basdev Vs. The State of Pepsu [1956] INSC 28 (17 April 1956)

Judgement Date : 17 Apr 1956

Citation : 1956 Latest Caselaw 28 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 86. Offence requiring a particular intent of knowledge committed by one who is intoxicated

Headnote :

In terms of knowledge, the court must consider the intoxicated individual as possessing the same knowledge as if he were sober. However, regarding intent, the court must assess it based on the overall circumstances of the case, taking into account the level of intoxication. If the individual was com...

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Moseb Kaka Chowdhry Alias Moseb Chowdhry & ANR Vs. The State of West Bengal [1956] INSC 29 (18 April 1956)

Judgement Date : 18 Apr 1956

Citation : 1956 Latest Caselaw 29 SC

CrPC Section 307. Power to direct tender of pardon
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A Sessions Judge, even if he disagrees with the Jury\'s verdict, is generally required to uphold that verdict unless he firmly believes that no reasonable group of individuals could have reached the same conclusion as the Jury.This principle is supported by the case of Ramnugrah Singh v. King-Empero...

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Ch. Tika Ramji & Ors, Vs. The State of Uttar Pradesh & Ors [1956] INSC 30 (24 April 1956)

Judgement Date : 24 Apr 1956

Citation : 1956 Latest Caselaw 30 SC

Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Government of India Act, 1935
Indian Independence Act, 1947
U.P. Sugarcane Supply and Purchase Order, 1954

Headnote :

The petitioners contested the constitutional validity of the U.P. Sugarcane (Regulation of Supply and Purchase) Act of 1953, along with two notifications issued by the State Government on September 27, 1954, and November 9, 1955. The first notification, issued under sub-sec. 1(a) in conjunction with...

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Lawrence Joachim Joseph D'souza Vs. The State of Bombay [1956] INSC 31 (24 April 1956)

Judgement Date : 24 Apr 1956

Citation : 1956 Latest Caselaw 31 SC

Preventive Detention Act, 1950

Headnote :

The appellant was detained under section 3(1)(a)(i) of the Preventive Detention Act, Act IV of 1950, on the basis that he was engaged in espionage on behalf of the Portuguese authorities, aided by underground operatives, and was gathering intelligence regarding security measures in the border area,...

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Kartar Singh & Ors Vs. The State of Punjab [1956] INSC 32 (26 April 1956)

Judgement Date : 26 Apr 1956

Citation : 1956 Latest Caselaw 32 SC

Punjab Security of the State Act, 1953
Punjab Security of the State Act, 1953

Headnote :

The appellants participated in a protest against the Punjab Government\'s policy to nationalize motor transport, during which they shouted slogans such as \"Jaggu mama hai hai\" (Jaggu, maternal uncle be dead) and \"Khachar Khota hai hai\" (mule-cum-donkey be dead). These remarks were aimed at the T...

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Nagubai Ammal & Ors Vs. B. Shama Rao & Ors [1956] INSC 33 (26 April 1956)

Judgement Date : 26 Apr 1956

Citation : 1956 Latest Caselaw 33 SC

Section 52. TPA, Transfer of property pending suit relating thereto.

Headnote :

The appellants, acting as defendants in a lawsuit concerning the declaration of title to specific building sites, aimed to counter the respondents\' claim. This claim stemmed from a purchase made by the respondents from a buyer involved in a sale executed under a mortgage decree from 1918. The appel...

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Jaswantrai Manilal Akhaney Vs. The State of Bombay [1956] INSC 34 (4 May 1956)

Judgement Date : 04 May 1956

Citation : 1956 Latest Caselaw 34 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 221. Where it is doubtful what offence has been committed
CrPC Section 222. When offence proved included in offence charged
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent
IPC Section 79. Act done by a person justified, or by mistake of fact believing himself justified, by law
Section 179. Pledge where pawnor has only a limited interest

Headnote :

The appellant served as the Managing Director of a bank and possessed a power of attorney that allowed him to act on behalf of its Directors, including the authority to borrow funds for the bank.Another bank had pledged certain Government Promissory Notes with the bank to secure an overdraft account...

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The State of Punjab Vs. Kharaiti Lal [1956] INSC 35 (8 May 1956)

Judgement Date : 08 May 1956

Citation : 1956 Latest Caselaw 35 SC

CrPC Section 342. Power to order court
Police Act, 1861
Police Act, 1861

Headnote :

Section 7(3) of the East Punjab Essential Services (Maintenance) Act, 1947 states that \"no court shall take cognizance of any offence under this Act except upon a written complaint made by a person authorized by the State Government for this purpose.\" It was determined that the law does not stipu...

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M/S:Modi Food Products Co. Limited Vs. Shri Faqir Chand Sharma & Ors [1956] INSC 36 (8 May 1956)

Judgement Date : 08 May 1956

Citation : 1956 Latest Caselaw 36 SC

Industrial Disputes (Appellate Tribunal) Act, 1950

Headnote :

While an appeal was pending before the Labour Appellate Tribunal regarding a previous industrial dispute between the same parties, the management decided to lay off certain workers and proposed to compensate them with half of their basic wages and dearness allowance for the first 45 days, in line wi...

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Madan Gopal Bagla Vs. The Commissioner of Income-Tax, West Bengal [1956] INSC 37 (8 May 1956)

Judgement Date : 08 May 1956

Citation : 1956 Latest Caselaw 37 SC

Headnote :

The appellant, a timber merchant, secured a loan from the Bank of India using joint collateral with a third party, M. On the same day, M also took out a loan from the Imperial Bank of India, again using joint security with the appellant. When M\'s business failed, the Imperial Bank of India sought r...

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Bhagubhai Dullabhabhai Bhandari Vs. The District Magistrate, Thana & Ors [1956] INSC 38 (8 May 1956)

Judgement Date : 08 May 1956

Citation : 1956 Latest Caselaw 38 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Section 56 of the Bombay Police Act, 1951 is constitutional and does not violate Article 19 of the Constitution, as established in Gurbachan Singh v. State of Bombay ([1952] S.C.R. 737). To invoke this section, the concerned officer must be convinced that witnesses are unwilling to testify publicly...

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Hari Khemu Gawali Vs. The Deputy Commissioner of Police, Bombay & ANR [1956] INSC 39 (8 May 1956)

Judgement Date : 08 May 1956

Citation : 1956 Latest Caselaw 39 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Bombay Prohibition Act, 1949
Constitution of India
CrPC Section 110. Security for good behaviour from habitual offenders
CrPC Section 151. Arrest to prevent the commission of cognizable offences
Indian Penal Code, 1860 (IPC)

Headnote :

Section 57 of the Bombay Police Act, 1951 states that if an individual is convicted of specific offenses listed in the section, \"the Commissioner, the District Magistrate, or the Sub-Divisional Magistrate, who has been specially authorized by the State Government, may, if they believe that the indi...

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Shri Ram Narain Vs. The Simla Banking & Industrial Co.Limited [1956] INSC 40 (9 May 1956)

Judgement Date : 09 May 1956

Citation : 1956 Latest Caselaw 40 SC

Code of Civil Procedure, 1908 (CPC)
Displaced Persons (Debts Adjustment) Act, 1951
Displaced Persons (Debts Adjustment) Act, 1951

Headnote :

The appellant, a displaced individual, held a fixed deposit at the Lahore Branch of the respondent Bank, which was headquartered in Simla. At that time, he also maintained a cash credit account with the Bank. When the Bank refused to release the fixed deposit upon its maturity and instead applied it...

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Mrs. Shirinbai Maneckshaw & Ors Vs. Nargacebai J. Motishaw & Ors [1956] INSC 41 (9 May 1956)

Judgement Date : 09 May 1956

Citation : 1956 Latest Caselaw 41 SC

Headnote :

A Parsi testator, through a holographic will, stated, \"I hereby give, devise, and bequeath to my so-called mother, Mrs. Shirinbai, her heirs, executors, and administrators, for their own use and benefit, absolutely and forever, all my estate and effects, both real and personal, of any nature and wh...

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Ravula Subba Rao & ANR Vs. The Commissioner of Income-Tax., Madras [1956] INSC 42 (9 May 1956)

Judgement Date : 09 May 1956

Citation : 1956 Latest Caselaw 42 SC

Code of Civil Procedure, 1908 (CPC)
Indian Contract Act, 1872

Headnote :

Rules 2 and 6 established under section 59 of the Indian Income Tax Act stipulate that an application for a firm\'s registration under section 26-A of the Act, as well as for the renewal of the registration certificate, \"must be signed personally by all parties involved.\" It was determined that th...

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Messrs Mehta Parikh & Co. Vs. The Commissioner of Income-Tax, Bombay [1956] INSC 43 (10 May 1956)

Judgement Date : 10 May 1956

Citation : 1956 Latest Caselaw 43 SC

Headnote :

The appellants, a partnership firm assessed under sections 23(3) and 26-A of the Income-tax Act, were asked by the Income-tax Officer during the assessment year 1947-48 to clarify how and when they acquired 61 thousand-rupee currency notes, which they cashed on January 18, 1946, following the enactm...

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Haripada Dey Vs. The State of West Bengal& ANR [1956] INSC 44 (5 September 1956)

Judgement Date : 05 Sep 1956

Citation : 1956 Latest Caselaw 44 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

The High Court lacks the authority to issue a certificate under Article 134(1)(c) of the Constitution based solely on a question of fact, and it is not appropriate for the High Court to refer such questions to the Supreme Court for further examination, as this would effectively turn the Supreme Cour...

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Keshav Nilkanth Joglekar Vs. The Commissioner of Police, Greater Bombay [1956] INSC 45 (17 September 1956)

Judgement Date : 17 Sep 1956

Citation : 1956 Latest Caselaw 45 SC

Preventive Detention Act, 1950

Headnote :

Section 3(3) of the Preventive Detention Act, 1950, stipulates that when a detention order is issued by an officer specified in section 3(2), he must immediately inform the State Government of this order along with the reasons for it. Furthermore, such an order cannot remain effective for more than...

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Shamrao Vishnu Parulekar Vs. The District Magistrate, Thana [1956] INSC 46 (17 September 1956)

Judgement Date : 17 Sep 1956

Citation : 1956 Latest Caselaw 46 SC

Foreigners Act, 1946

Headnote :

Sub-section (3) of section 3 of the Preventive Detention Act, 1950, states that when a detention order is issued under subsection (2) by a designated officer, that officer must promptly inform the State Government of the order along with the reasons for it. Furthermore, such an order cannot remain e...

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Bachharam Datta Patil & ANR Vs. Vishwanath Pundalik Patil & Ors [1956] INSC 47 (20 September 1956)

Judgement Date : 20 Sep 1956

Citation : 1956 Latest Caselaw 47 SC

Headnote :

Certain lands that were originally classified as Watan lands were taken back by the Government after the services associated with them were terminated, and a full assessment was imposed on these lands.These lands were later referred to as \"Japti Sanadi Inam\" lands.It was determined that these land...

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Pandit Ram Narain Vs. The State of Uttar Pradesh & Ors [1956] INSC 48 (20 September 1956)

Judgement Date : 20 Sep 1956

Citation : 1956 Latest Caselaw 48 SC

Headnote :

The appellant was engaged in business but did not reside within the Town Area of Karhal. The Town Area Committee levied a tax of Rs. 25 on him under clause (f) of section 14(1) of the U.P. Town Areas Act, 1914, which pertains to a tax on \'circumstances and property\'. The appellant challenged this...

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G. A. Monterio Vs. The State of Ajmer [1956] INSC 49 (21 September 1956)

Judgement Date : 21 Sep 1956

Citation : 1956 Latest Caselaw 49 SC

Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

Headnote :

The appellant was a Class III employee working as a metal examiner, also known as a chaser, at the Railway Carriage Workshop in Ajmer. He accepted an illegal payment of Rs. 150 to secure a job for someone else. He was charged under section 5(1)(d) of the Prevention of Corruption Act, 1947 (Act II of...

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Meenakshi Mills, Madurai Vs. The Commissioner of Income-Tax, Madras [1956] INSC 50 (26 September 1956)

Judgement Date : 26 Sep 1956

Citation : 1956 Latest Caselaw 50 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A factual determination, even if it is derived from inferences based on other established facts, does not constitute a legal question as defined by section 66(1) of the Indian Income Tax Act that can be submitted to the High Court for adjudication. Such inferences can only be considered legal questi...

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