Caselaw | Supreme Court Judgements of september 1958

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Ram Prakash Vs. The State of Punjab [1958] INSC 72 (2 September 1958)

Judgement Date : 02 Sep 1958

Citation : 1958 Latest Caselaw 72 SC

CrPC Section 287. Parties may examine witnesses
CrPC Section 342. Power to order court

Headnote :

The appellant was tried alongside P for the crime of murder. The prosecution\'s case asserted that the appellant, in collusion with P, who worked as a servant in the deceased\'s home, exploited the situation when the deceased was alone with her child. They went upstairs, where the appellant killed h...

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Dr. S. B. Dutt Vs. University of Delhi [1958] INSC 73 (3 September 1958)

Judgement Date : 03 Sep 1958

Citation : 1958 Latest Caselaw 73 SC

Delhi University Act, 1922
Delhi University Act, 1922
Government of India Act, 1935
Industrial Disputes Act, 1947

Headnote :

The appellant, a professor at the respondent University, was terminated from his position by the respondent. Subsequently, he submitted the matter regarding his dismissal, along with other related disputes, to arbitration in accordance with section 45 of the Delhi University Act. The arbitration res...

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Kakumanu Peda Subbayya and another Vs. Kakumanu Akkamma & ANR [1958] INSC 74 (4 September 1958)

Judgement Date : 04 Sep 1958

Citation : 1958 Latest Caselaw 74 SC

Headnote :

In a case initiated on behalf of a Hindu minor seeking partition of joint family properties, the minor plaintiff passed away while the case was still ongoing. His mother, as the legal representative, was permitted to proceed with the case as the second plaintiff. The court ruled in favor of the plai...

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Bhajahari Mondal Vs. The State of West Bengal [1958] INSC 75 (11 September 1958)

Judgement Date : 11 Sep 1958

Citation : 1958 Latest Caselaw 75 SC

CrPC Section 190. Cognizance of offences by Magistrates
Indian Penal Code, 1860 (IPC)
West Bengal Criminal Law Amendment (Special Courts) Act, 1949

Headnote :

On September 6, 1952, the appellant was on trial before an Assistant Sessions Judge and a jury when he was caught attempting to bribe one of the jurors. Following this incident, the Government of West Bengal issued a notification on November 27, 1952, under section 4(2) of the West Bengal Criminal L...

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Dr. Sailendra Nath Sinha & ANR Vs. Jasoda Dulal Adhikari & ANR [1958] INSC 76 (11 September 1958)

Judgement Date : 11 Sep 1958

Citation : 1958 Latest Caselaw 76 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)

Headnote :

The Official Liquidator received a complaint under sections 120-B, 406, 467, and 477A of the Indian Penal Code against the appellants, one of whom was a former director and the other the Managing Director of the Bank of Commerce Ltd., which was undergoing compulsory liquidation.The appellants reques...

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Sirajul Haq Khan & Ors Vs. The Sunni Central Board of Waqf, U. P. & Ors [1958] INSC 77 (16 September 1958)

Judgement Date : 16 Sep 1958

Citation : 1958 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)
Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void

Headnote :

The first respondent, a Central Board established under the United Provinces Muslims Waqf Act of 1936, took control of the properties of a Darga Sharif through a notification issued on February 26, 1944, in accordance with section 5(1) of the Act. On October 18, 1946, the appellants, who are three o...

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Radha Sundar Dutta Vs. Mohd. Jahadur Rahim & Ors [1958] INSC 78 (18 September 1958)

Judgement Date : 18 Sep 1958

Citation : 1958 Latest Caselaw 78 SC

Bengal Patni Taluks Regulation, 1819
Village Chaukidari Act, 1870
Village Chaukidari Act, 1870
Village Chaukidari Act, 1870

Headnote :

The lands in question are located in lot Ahiyapur, which is one of the villages included in the permanently settled estate of Burdwan. These lands were designated as Chaukidari Chakaran lands, intended to be held by the Chaukidars for their role as village watchmen. During the time of the permanent...

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Ratan Gond Vs. The State of Bihar [1958] INSC 79 (19 September 1958)

Judgement Date : 19 Sep 1958

Citation : 1958 Latest Caselaw 79 SC

CrPC Section 342. Power to order court
CrPC Section 374. Appeals from convictions
IPC Section 302. Punishment for murder

Headnote :

The appellant faced charges for the murder of a girl named Baisakhi. Following information provided by Aghani, the younger sister of the victim, the headless body of Baisakhi was discovered. Although the appellant fled, he was located in a nearby village and returned by local volunteers.During quest...

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Bipin Behari Sarkar & ANR Vs. The State of West Bengal [1958] INSC 80 (19 September 1958)

Judgement Date : 19 Sep 1958

Citation : 1958 Latest Caselaw 80 SC

CrPC Section 337. Procedure Where lunatic prisoner is reported capable of making his defence
CrPC Section 339. Delivery of lunatic to care or relative or friend
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The two appellants, along with another individual, were charged with murder. The second appellant confessed before a Magistrate. Following this, the police filed a charge sheet against all three accused. The prosecution then requested the sub-divisional Magistrate to grant the second appellant a par...

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Sales Tax Officer, Banaras & Ors Vs. Kanhaiya Lal Mukundlal Saraf [1958] INSC 81 (23 September 1958)

Judgement Date : 23 Sep 1958

Citation : 1958 Latest Caselaw 81 SC

Indian Contract Act, 1872
Section 21. Effect of mistake as to law
Section 22. Contract caused by mistake of one party as to matter of fact
Section 56. Agreement to do impossible act
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

According to Section 72 of the Indian Contract Act, 1872: \"A person who has received money by mistake or under coercion is obligated to repay or return it.\" In this case, the respondent, a registered firm, paid sales tax for its forward transactions based on assessment orders issued by the sales...

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S. M. Jakati & ANR Vs. S. M. Borkar & Ors [1958] INSC 82 (24 September 1958)

Judgement Date : 24 Sep 1958

Citation : 1958 Latest Caselaw 82 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 405. Criminal breach of trust

Headnote :

J served as the managing director of a Co-operative Bank, earning an annual salary of Rs. 1,000. When the Bank went into liquidation, an investigation revealed that the Bank\'s funds were improperly managed and that J had been negligent in his responsibilities. Consequently, the Deputy Registrar of...

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State of Madhya Pradesh Vs. Revashankar [1958] INSC 83 (24 September 1958)

Judgement Date : 24 Sep 1958

Citation : 1958 Latest Caselaw 83 SC

CrPC Section 480. Practising pleader not to sit as Magistrate in certain courts
Indian Penal Code, 1860 (IPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding
IPC Section 497. Adultery [Declared unconstitutional by Supreme Court of India]
IPC Section 499. Defamation
IPC Section 500. Punishment for defamation

Headnote :

The complainant, who had lodged a grievance regarding an alleged offense under Section 500 of the Indian Penal Code in the Court of the Additional District Magistrate of Indore, made several serious allegations against the Magistrate in an application submitted under Section 528 of the Code of Crimi...

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Shr1 Radeshyam Khare & ANR Vs. The State of Madhya Pradesh & Ors [1958] INSC 84 (30 September 1958)

Judgement Date : 30 Sep 1958

Citation : 1958 Latest Caselaw 84 SC

Province of Bombay Vs. Kusaldas S. Advani & Ors [1950] INSC 22 (15 September 1950)

Headnote :

The central issue in this appeal by the Municipal Committee of Dhamtari and its President was whether the State Government acted in a judicial or administrative capacity when appointing an Executive Officer under section 53A of the C. P. and Berar Municipalities Act, 1922. Following complaints again...

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Ghaio Mall & Sons Vs. The State of Delhi & Ors [1958] INSC 85 (30 September 1958)

Judgement Date : 30 Sep 1958

Citation : 1958 Latest Caselaw 85 SC

Headnote :

The appellant firm, which was unsuccessful in its application for a foreign liquor vending license in New Delhi for the year 1954-1955, filed a petition in the High Court under Article 226 of the Constitution seeking a writ of certiorari to annul the order that granted the license to a competing app...

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Sri Baru Ram Vs. Shrimati Prasanni & Ors [1958] INSC 86 (30 September 1958)

Judgement Date : 30 Sep 1958

Citation : 1958 Latest Caselaw 86 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The first respondent initiated an election petition against the 1404 appellant, alleging: (i) that the appellant engaged in corrupt practices as defined in section 123(7) of the Representation of the People Act, 1951, by enlisting the help of one P, a member of the armed forces, who acted as his pol...

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