Caselaw | Supreme Court Judgements of 1958

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Y. Narayana Chetty & ANR Vs. The Income-Tax Officer, Nellore & Ors [1958] INSC 101 (15 October 1958)

Judgement Date : 15 Oct 1958

Citation : 1958 Latest Caselaw 101 SC

Constitution of India

Headnote :

On April 20, 1936, two individuals, B and C, established a partnership firm, which was dissolved on March 31, 1948. Subsequently, I, C, and R formed a second firm on July 30, 1941, which was dissolved on March 31, 1949. Additionally, B, C, and five others created a third firm on December 1, 1941, wh...

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Mckenzie & Co. Ltd. Vs. Its Workmen & Ors [1958] INSC 102 (17 October 1958)

Judgement Date : 17 Oct 1958

Citation : 1958 Latest Caselaw 102 SC

Headnote :

While the adjudication of a reference was ongoing at the Industrial Tribunal, the workers unlawfully detained the works manager and initiated a strike. The company issued notices demanding that the workers return to work immediately, but they refused. Consequently, the company declared a lockout and...

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Dr. Y. S. Parmar Vs. Shhira Singh Paul & ANR [1958] INSC 103 (17 October 1958)

Judgement Date : 17 Oct 1958

Citation : 1958 Latest Caselaw 103 SC

Headnote :

The appellant, a candidate for Parliament, signed numerous blank forms for appointing polling agents and handed them over to Kalyan Singh. Kalyan Singh then transferred three of these forms to Kashmira Singh, adding the name of a specific polling station. Kashmira Singh filled in Amar Singh\'s name...

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Messrs. Dhandhania Kedia & Co. Vs. The Commissioner of Income-Tax [1958] INSC 104 (17 October 1958)

Judgement Date : 17 Oct 1958

Citation : 1958 Latest Caselaw 104 SC

General Clauses Act, 1897

Headnote :

The appellant, a resident of the formerly independent State of Udaipur, owned 266 shares in Mewar Industries Ltd., a company incorporated in that State. Prior to April 1, 1950, there was no income tax law in Udaipur, but on that date, residents of Rajasthan, into which Udaipur had merged, became sub...

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S. Pl. Narayanan Chettiar Vs. M. Ar. Annamalai Chettiar [1958] INSC 105 (31 October 1958)

Judgement Date : 31 Oct 1958

Citation : 1958 Latest Caselaw 105 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In 1944, the respondent filed a lawsuit to recover money owed under an award dated July 31, 1935, which required the appellant and his brother to pay a specified amount to the respondent. The trial court dismissed the suit, but the High Court later issued a decree on March 9, 1951, following an appe...

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Bhogilal Chunilal Pandya Vs. The State of Bombay [1958] INSC 106; (4 November 1958)

Judgement Date : 04 Nov 1958

Citation : 1958 Latest Caselaw 106 SC

CrPC Section 173. Report of police officer on completion of investigation
CrPC Section 307. Power to direct tender of pardon
Indian Evidence Act, 1872

Headnote :

The appellant, who worked as a cashier for a company, faced charges of criminal breach of trust. Following the discovery of the defalcation, discussions occurred between the Chairman, the Secretary of the Company, and the appellant, with a Solicitor present. Shortly thereafter, the Solicitor documen...

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Thomas Dana Vs. The State of Punjab [1958] INSC 107; (4 November 1958)

Judgement Date : 04 Nov 1958

Citation : 1958 Latest Caselaw 107 SC

Constitution of India
CrPC Section 342. Power to order court
CrPC Section 4. Trial of offences under the Indian Penal Code and other laws
General Clauses Act, 1897
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy

Headnote :

The two petitioners were caught while trying to smuggle a significant quantity of both Indian and foreign currency, along with other illegal goods, out of India. The Collector of Central Excise and Land Customs ordered the confiscation of the seized items and imposed substantial personal penalties o...

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S. K. G. Sugar Ltd. Vs. Sri Ali Hassan, Chairman, Industrial Tribunal, Bihar & Ors [1958] INSC 108; 254 (4 November 1958)

Judgement Date : 04 Nov 1958

Citation : 1958 Latest Caselaw 108 SC

Industrial Disputes Act, 1947

Headnote :

Gaya Sugar Mills Ltd. entered liquidation, and on December 6, 1954, the liquidator, with the Court\'s approval, leased the sugar factory to the appellant. The lease stipulated that the lessee would not be responsible for any liabilities of the company, the liquidator, or previous lessees, nor requir...

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Commissioner of Income-Tax, Delhi Vs. S.Teja Singh [1958] INSC 109; (5 November 1958)

Judgement Date : 05 Nov 1958

Citation : 1958 Latest Caselaw 109 SC

Headnote :

The respondent, who had not been assessed for income tax before the assessment year 1948-49, voluntarily submitted returns on July 4, 1949, declaring incomes of Rs. 4,494 and Rs. 31,646 for the assessment years 1948-49 and 1949-50, respectively. However, he did not provide an estimate of the tax on...

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Gullapalli Nageswara Rao & Ors Vs. Andhra Pradesh State Road Transport corporation & ANR [1958] INSC 110 319 (5 November 1958)

Judgement Date : 05 Nov 1958

Citation : 1958 Latest Caselaw 110 SC

Assam Excise Act, 1910
Bihar Land Reforms Act, 1950
Constitution of India
Motor Vehicles Act, 1939
Road Transport Corporations Act, 1950

Headnote :

In an effort to nationalize road transport services as outlined in Chapter IV A of the Motor Vehicles Act, 1939 (IV of 1939), which was amended by Act 100 of 1956, the General Manager of the Andhra State Transport Undertaking published a scheme in the Official Gazette under section 68C of the Act an...

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The Special Land Acquisition Officer, Bangalore Vs. T. Adinarayan Setty [1958] INSC 111 (7 November 1958)

Judgement Date : 07 Nov 1958

Citation : 1958 Latest Caselaw 111 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

A portion of land owned by the respondent was acquired by the Government for the construction of a maternity hospital. The majority of the land was made up of building sites, but there was also a small building on part of the land and some low-lying areas. The Special Land Acquisition Officer determ...

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H. Venkatachala Iyengar Vs. B. N. Thimmajamma & Ors [1958] INSC 112; (13 November 1958)

Judgement Date : 13 Nov 1958

Citation : 1958 Latest Caselaw 112 SC

Indian Evidence Act, 1872

Headnote :

The process of proving a will is generally similar to that of proving any other document, with the exception of the specific attestation requirements outlined in section 63 of the Indian Succession Act. Proof in both instances cannot be expected to be mathematically exact, and thus the standard shou...

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M/S. Lakshmichand Baijnath Vs. The Commissioner of Income-Tax, West Bengal [1958] INSC 113; (13 November 1958)

Judgement Date : 13 Nov 1958

Citation : 1958 Latest Caselaw 113 SC

Headnote :

In the assessment year 1946-47, the appellant, a Hindu undivided family engaged in business, submitted a petition to the Income-tax Officer under section 25A of the Indian Income-tax Act, 1922, asserting that a partition had occurred within the family on April 24, 1945. Concerning the income assessa...

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Thakur Raghubir Singh & Ors Vs. The State of Ajmer (Now Rajasthan) & Ors [1958] INSC 114; (14 November 1958)

Judgement Date : 14 Nov 1958

Citation : 1958 Latest Caselaw 114 SC

Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
Constitution of India

Headnote :

Section 4 of the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955, mandated the transfer of all estates held by intermediaries, as defined by the Act, to the State from a date to be announced. The petitioners affected by this provision filed petitions under Article 32 of the Constitution...

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Alamgir & ANR Vs. The State of Bihar [1958] INSC 115; Air 1959 Sc 436; (14 November 1958)

Judgement Date : 14 Nov 1958

Citation : 1958 Latest Caselaw 115 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 498. Enticing or taking away or detaining with criminal intent a married woman

Headnote :

R, the wife of S, went missing from her husband\'s home.She was located at the residence of the appellants, A and his brother B. When S arrived and requested A to allow his wife to return with him, A claimed that he had married her, while B threatened S and told him to leave. The appellants were cha...

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Sri Ram Ram Narain Medhi Vs. The State of Bombay [1958] INSC 116; (18 November 1958)

Judgement Date : 18 Nov 1958

Citation : 1958 Latest Caselaw 116 SC

Bombay Khoti Abolition Act, 1949
Bombay Land Revenue Code, 1879
Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Constitution of India
Transfer of Property Act, 1882

Headnote :

The petitions contested the constitutional validity of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, which further amended the Bombay Tenancy and Agricultural Lands Act, 1948. The purpose of the amendment was to redistribute ownership and control of agricultural lands in accordanc...

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Basheshar Nath Vs. The Commissioner of Income-Tax, Delhi & Rajasthan & ANR [1958] INSC 117; (19 November 1958)

Judgement Date : 19 Nov 1958

Citation : 1958 Latest Caselaw 117 SC

Constitution of India

Headnote :

The appeal raised two key questions: (1) the constitutional validity of a settlement made under section 8A of the Taxation of Income (Investigation Commission) Act, 1947, after the Constitution came into effect, and (2) whether waiving a fundamental right is permissible under the Constitution. The a...

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Punjab Distilling Industries Ltd. Vs. The Commissioner of Income-Tax, Simla [1958] INSC 118; (24 November 1958)

Judgement Date : 24 Nov 1958

Citation : 1958 Latest Caselaw 118 SC

Headnote :

The appellant, a producer of country liquor, operated a business selling liquor to licensed wholesalers. Due to a shortage of bottles during the war, a scheme was developed allowing the distiller to charge wholesalers a price for the bottles used to supply the liquor, at rates set by the Government....

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G. Venkataswami Naidu & Co. Vs. The Commissioner of Income-Tax [1958] INSC 119; (24 November 1958)

Judgement Date : 24 Nov 1958

Citation : 1958 Latest Caselaw 119 SC

Headnote :

The appellant, a firm serving as managing agents for a limited company known as the Mills, acquired four plots of land adjacent to the Mills on various dates between 1941 and 1942. Approximately five years later, the appellant sold these plots to the Mills, resulting in a profit of Rs. 43,887 over t...

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Dau Dayal Vs. The State of Uttar Pradesh [1958] INSC 120; (24 November 1958)

Judgement Date : 24 Nov 1958

Citation : 1958 Latest Caselaw 120 SC

CrPC Section 202. Postponement of issue of process
Indian Merchandise Marks Act, 1889
Indian Penal Code, 1860 (IPC)
IPC Section 486. Selling goods marked with a counterfeit property mark

Headnote :

On April 26, 1954, the appellant was arrested for violations of sections 420, 482, 483, 485, and 486 of the Indian Penal Code, and counterfeit bidis were confiscated from him. A complaint was subsequently filed on May 26, alleging that the appellant possessed counterfeit bidis, wrappers, and labels....

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N. T. Veluswami Thevar, Vs. G. Raja Nainar & Ors [1958] INSC 121; (24 November 1958)

Judgement Date : 24 Dec 1958

Citation : 1958 Latest Caselaw 121 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Headnote :

The nomination paper of the fourth respondent, a candidate for the State Legislative Assembly election, was rejected by the returning officer on the basis that he was disqualified under sections 7(d) and (e) of the Representation of the People Act, 1951 due to his position as Headmaster of a Governm...

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Shri Kishori Lal Vs. Mst. Chaltibai [1958] INSC 122; (1 December 1958)

Judgement Date : 01 Dec 1958

Citation : 1958 Latest Caselaw 122 SC

Headnote :

The respondent initiated a lawsuit seeking a declaration and possession of certain properties inherited from her late husband, L. The appellant opposed the lawsuit, claiming that L had adopted him as his son six months prior to his death. To support his claim, the appellant presented oral evidence o...

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Asa Ram Vs. The District Board, Muzaffarnagar [1958] INSC 123; (3 December 1958)

Judgement Date : 03 Dec 1958

Citation : 1958 Latest Caselaw 123 SC

Headnote :

The appellant operated machinery powered by electricity in an area that was clearly within the jurisdiction of Jalalabad Town. He failed to obtain a license for operating these machines, as mandated by the Muzaffarnagar Factories Bye-laws established by the District Board of Muzaffarnagar under sect...

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Narain and Two Others Vs. The State of Punjab [1958] INSC 124; (4 December 1958)

Judgement Date : 04 Dec 1958

Citation : 1958 Latest Caselaw 124 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

A group of individuals attacked and severely injured a person named M. After the assault, the attackers attempted to carry M away when R, M\'s brother, intervened to rescue him. In self-defense, R shot and killed one of the assailants and then took M to safety. Eight individuals, including the appel...

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Chaube Jagdish Prasad & ANR Vs. Ganga Prasad Chaturvedi [1958] INSC 125 (5 December 1958)

Judgement Date : 05 Dec 1958

Citation : 1958 Latest Caselaw 125 SC

Code of Civil Procedure, 1908 (CPC)

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

Headnote :

Landlord and Tenant - Accommodation - Agreed monthly rent for new construction - Findings of the House Allotment Officer regarding rent increase - Authority of civil courts to intervene under the U.P. Templeton Control of Rent and Eviction Act, 1947 (U.P. 3 of 1947), Sections 2(a)(f), 3A, 5(4), 6.In...

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Atma Ram Vs. The State of Punjab & Ors [1958] INSC 126 (8 December 1958)

Judgement Date : 08 Dec 1958

Citation : 1958 Latest Caselaw 126 SC

Constitution of India

Headnote :

The central issue in these petitions was the constitutional validity of the Punjab Security of Land Tenure Act (Punj. X of 1953), as amended by Act XI of 1955, which aimed to \"ensure the security of land tenure and related matters.\" The contested Act, which clearly addressed holdings as defined by...

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Seth Badri Prasad & Ors Vs. Seth Nagarmal & Ors [1958] INSC 127 (9 December 1958)

Judgement Date : 09 Dec 1958

Citation : 1958 Latest Caselaw 127 SC

Gwalior
Indian Partnership Act, 1932
Indian Partnership Act, 1932
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

When cloth control was implemented in Rewa State, 25 cloth dealers from Budhar, including the thirteen appellants, established an Association to gather their allocated cloth quota and sell it for profit. The Association operated under a President and a key worker, maintaining accounts and distributi...

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D. S. Garewal Vs. The State of Punjab & ANR [1958] INSC 128 (11 December 1958)

Judgement Date : 11 Dec 1958

Citation : 1958 Latest Caselaw 128 SC

Constitution of India
Delhi Laws Act, 1912
Government of India Act, 1935

Headnote :

The key issue in this appeal was the constitutional validity of the All India Services Act, (LXI of 1951), which was enacted by the provisional Parliament. During the transitional period, with only one House in operation, the President exercised his powers under Article 392 of the Constitution to is...

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C. K. Achuthan Vs. The State of Kerala & Ors [1958] INSC 129 (11 December 1958)

Judgement Date : 11 Dec 1958

Citation : 1958 Latest Caselaw 129 SC

Constitution of India

Headnote :

In 1948-49, the petitioner and the Co-operative Milk Supplies Society of Cannanore submitted tenders for supplying milk to the Government Hospital in Cannanore. The Superintendent reviewed the tenders and accepted the petitioner\'s bid, providing the Director of Public Health with the rationale for...

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P. Vs. Sivarajan Vs. The Union of India & ANR [1958] INSC 130 (11 December 1958)

Judgement Date : 11 Dec 1958

Citation : 1958 Latest Caselaw 130 SC

Coir Industry Act, 1953
Constitution of India

Headnote :

The petitioner, who was denied registration as an exporter and licensee for coir products, contested the validity of rules 18, 19, 20(1)(a), 21, and 22(a) established by the Central Government under Section 26(1) of the Coir Industry Act, 1953 (45 of 1953). The purpose of the Act was to regulate and...

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Hukum Chand Malhotra Vs. Union of India [1958] INSC 131 (12 December 1958)

Judgement Date : 12 Dec 1958

Citation : 1958 Latest Caselaw 131 SC

Constitution of India

Headnote :

The appellant, a government employee, faced charges for accepting private employment without government approval while still in service, violating the rules of his employment. An inquiry officer confirmed the charges and submitted a report. On April 14, 1954, the appellant received a notice requirin...

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Pandit M. S. M. Sharma Vs. Shri Sri Krishna Sinha & Ors [1958] INSC 132 (12 December 1958)

Judgement Date : 12 Dec 1958

Citation : 1958 Latest Caselaw 132 SC

Constitution of India

Headnote :

The petitioner, who is the Editor of the English daily newspaper Searchlight based in Patna, was summoned by the Secretary of the Patna Legislative Assembly to explain to the Committee of Privileges why he should not face action for violating the privileges of the Speaker and the Assembly. This was...

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Haji Mohammad Ekramul Haq Vs. The State of West Bengal [1958] INSC 133 (16 December 1958)

Judgement Date : 16 Dec 1958

Citation : 1958 Latest Caselaw 133 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The appellant\'s four-story property was requisitioned by the respondent for the Controller of Army Factory Accounts, who already operated from a nearby location. The arbitrator, tasked with determining compensation, awarded Rs. 2,581-8-0 based on the local rental rates for comparable buildings with...

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Maharana Shri Jayavantsinhji, Ranmalsinhji Vs. The State of Bombay & Ors [1958] INSC 134 (16 December 1958)

Judgement Date : 16 Dec 1958

Citation : 1958 Latest Caselaw 134 SC

Bombay Land Revenue Code, 1879
Constitution of India

Headnote :

The appellants were Taluqdars who owned taluqdari villages in the Ahmedabad District of the Bombay State. In the years 1922-23, a revision of land revenue was conducted, establishing a total land revenue amount for each taluqdari estate. In 1925-26, utilizing the authority granted by section 22 of t...

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The State of Rajasthan Vs. Shri G. Chawla and Dr. Pohumal [1958] INSC 135 (16 December 1958)

Judgement Date : 16 Dec 1958

Citation : 1958 Latest Caselaw 135 SC

Constitution of India
CrPC Section 432. Power to suspend or remit sentences

Headnote :

The Ajmer (Sound Amplifiers Control) Act of 1952 was passed by the Ajmer Legislative Assembly, which was authorized by Section 21 of the Government of Part C States Act, 1951, to legislate on matters listed in the State List or the Concurrent List. The respondents faced prosecution under Section 3 o...

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Attar Singh & Ors Vs. The State of U. P [1958] INSC 136 (17 December 1958)

Judgement Date : 17 Dec 1958

Citation : 1958 Latest Caselaw 136 SC

Constitution of India
U.P. Land Revenue Act, 1901

Headnote :

The petitioners contested the constitutional legitimacy of the U.P. Consolidation of Holdings Act (U.P. V of 1954), along with its amendments, which aimed to promote agricultural development by allocating compact areas to tenure-holders instead of scattered plots, thereby facilitating large-scale cu...

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Raja Bahadur K. C. Deo Bhanj Vs. Raghunath Misra & Ors [1958] INSC 137 (18 December 1958)

Judgement Date : 18 Dec 1958

Citation : 1958 Latest Caselaw 137 SC

Indian Penal Code, 1860 (IPC)
Representation of the People Act, 1951

Headnote :

The appellant was declared elected to the Orissa Legislative Assembly, but the first respondent filed an election petition contesting the election on the grounds that the appellant engaged in corrupt practices under Section 123(7)(f) of the Representation of the People Act, 1951, by enlisting the he...

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Mizaji & ANR Vs. The State of U.P [1958] INSC 138 (18 December 1958)

Judgement Date : 18 Dec 1958

Citation : 1958 Latest Caselaw 138 SC

CrPC Section 88. Power to take bond for appearance
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

One early morning, the five appellantsâ€”Tej Singh, armed with a spear; his son Mizaji, who had a pistol hidden in his dhoti; his nephew Subedar; his cousin Machal; and his servant Maiku, who was armed with lathisâ€”set out to forcibly take possession of a field that was being cultivated by Rameshwa...

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Gummalapura Taggina Matadakotturuswami Vs. Setra Veeravva & Ors [1958] INSC 139 (19 December 1958)

Judgement Date : 19 Dec 1958

Citation : 1958 Latest Caselaw 139 SC

Hindu Succession Act, 1956

Headnote :

Sub-section (1) of Section 14 of the Hindu Succession Act, 1956 states: \"Any property owned by a female Hindu, whether acquired before or after the enactment of this Act, shall be held by her as the full owner and not as a limited owner.\" A lawsuit was filed by the nearest reversioner of K, seekin...

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