Caselaw | Supreme Court Judgements of may 1959

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B. N. Nagarajan & Ors Vs. State of Karnataka & Ors [1959] INSC 54 (3 may 1959)

Judgement Date : 03 May 1959

Citation : 1959 Latest Caselaw 54 SC

Constitution of India

Headnote :

The new State of Mysore, now known as Karnataka, was established on November 1, 1956, following the integration of regions from the former states of Mysore, Madras, Coorg, Bombay, and Hyderabad. On February 6, 1958, February 7, 1958, and December 2, 1960, the government issued several rules under Ar...

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Saroj Kumar Mazumdar Vs. The Commissioner of Income-Tax, West Bengal, Calcutta [1959] INSC 55 (4 may 1959)

Judgement Date : 04 May 1959

Citation : 1959 Latest Caselaw 55 SC

Headnote :

The issue at hand in this appeal was whether a single land sale transaction, covering approximately three-quarters of an acre, constituted an adventure in the nature of trade, thus making it subject to income tax. The appellant, an engineer by profession, was involved in various business activities,...

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The Tata Oil Mills Co. Ltd. Vs. Its Workmen & Ors [1959] INSC 56 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 56 SC

Headnote :

In opposing the workers\' request for a bonus for the fiscal year 1955-56, the appellant argued that certain income items should be excluded from the gross profit calculation according to the Full Bench formula. These items included: (i) income from rent, light, and power; (ii) revenue from the sale...

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M/S. Titaghur Paper Mills Co. Ltd. Vs. Its Workmen [1959] INSC 57 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 57 SC

Industrial Disputes Act, 1947

Headnote :

In 1949, the appellant established a program known as the \"Tonnage Production Bonus Scheme,\" which stipulated that workers would receive a bonus equivalent to 13 days\' basic wages for achieving a production target of 30,000 tons, with an additional day\'s basic wage for every 460 tons produced th...

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The Indian Oxygen & Acetylene Co. Private Ltd., Bombay Vs. Its Workmen & ANR [1959] INSC 58 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 58 SC

Headnote :

The workers requested bonuses for the fiscal years 1952-53 and 1953-54.The employers argued that, based on a proper application of the Full Bench formula, there was no surplus available, and therefore no bonuses should be paid. However, the Tribunal determined that the formula was not obligatory for...

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M/S. Sarupchand Hukamchand & Co. Vs. Union of India & Ors [1959] INSC 59 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 59 SC

Headnote :

The Income-tax Officer discovered that the assessee, an unregistered firm, had generated a profit during the assessment year 1940-41. He classified it as registered under Section 23(5)(b) of the Act, assessed the partners individually, and did not impose any demand on the firm. However, for the foll...

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The Indian Molasses Co. (Private) Ltd. Vs. The Commissioner of Income-Tax, West Bengal [1959] INSC 60 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 60 SC

Headnote :

In order to provide a pension for H, who served as the managing director of the appellant company, the company executed a trust deed on September 16, 1948, with the intention of supporting H after his retirement at the age of 55 on September 20, 1955. The company allocated a total of Rs. 1,09,643 to...

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The Indian Hume Pipe Co. Ltd. Vs. Their Workmen [1959] INSC 61 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 61 SC

Industrial Disputes Act, 1947

Muir Mills Co., Ltd. Vs. Suti Mills Mazdoor Union, Kanpur [1954] INSC 110 (19 November 1954)

Headnote :

The appellant produced hume pipes and operated factories across India, Pakistan, and Ceylon. To assess the surplus available for bonus payments for the year 1954-55, the appellant sought to deduct certain prior charges, including (i) losses from the Lahore factory that had been written off, (ii) exp...

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The Trustees of The Charity Fund Vs. The Commissioner of Income-Tax, Bombay [1959] INSC 62 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 62 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950

Headnote :

The appellants were the trustees of a charitable fund called The Charity Fund, established by Sir Sassoon David, Baronet of Bombay. Clause 13 of the trust deed states that the trustees are to use the net income for various purposes, including: (a) assisting poor and needy individuals from the Jewish...

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Tahsildar Singh & ANR Vs. The State of Uttar Pradesh [1959] INSC 63 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 63 SC

CrPC Section 161. Examination of witnesses by police
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 374. Appeals from convictions
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

A music performance was taking place in front of Ram Saroop\'s house, attended by a large crowd, including two police informers named Bankey and Asa Ram. It was a full moon night, illuminated by a gas lamp and several lanterns. The informers had placed their guns on a cot near the platform, where Bh...

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Commissioner of Income Tax, Bihar & Orissa Vs. M/S. Patney & Co [1959] INSC 64 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 64 SC

Headnote :

The respondents, who were non-residents conducting business in Secunderabad within the territories of the Nizam of Hyderabad, acted as agents for two firms located in Bombay and Madurai, British India, supplying certain goods to the Nizam\'s Government. According to the agreement between the parties...

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The Associated Cement Companies Ltd., Dwarka Cement Works Vs. Its Workmen & ANR [1959] INSC 65 (5 may 1959)

Judgement Date : 05 May 1959

Citation : 1959 Latest Caselaw 65 SC

Headnote :

In the fiscal year 1953-54, employers granted their workers a bonus equivalent to three months\' wages. However, the workers requested a bonus that matched seven months\' wages and six months\' basic wages, including dearness allowance. The employers argued that after deducting prior charges from th...

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The Lord Krishna Sugar Mills Ltd. & ANR Vs. The Union of India & ANR [1959] INSC 66 (6 may 1959)

Judgement Date : 06 May 1959

Citation : 1959 Latest Caselaw 66 SC

Central Excises and Salt Act, 1944
Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955
Industries (Development and Regulation) Act, 1951

Headnote :

The foreign exchange losses, if any, were distributed across numerous factories and were minimal enough not to constitute an unreasonable restriction.The Act did not violate Article 14 of the Constitution by selecting sugar produced through the vacuum pan process for export while excluding sugar mad...

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Phulbari Tea Estate Vs. Its Workmen [1959] INSC 67 (6 may 1959)

Judgement Date : 06 May 1959

Citation : 1959 Latest Caselaw 67 SC

Industrial Disputes Act, 1947

Union of India Vs. T. R. Varma [1957] INSC 72 (18 September 1957)

Headnote :

Two workers, Das and another individual, were apprehended by the police following a complaint from the appellant company regarding an alleged theft.The manager conducted an inquiry and subsequently dismissed Das from his position for gross misconduct.During the inquiry, Das claimed he had no informa...

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Messrs. Ispahani Ltd. Calcutta Vs. Ispahani Employees Union [1959] INSC 68 (6 may 1959)

Judgement Date : 06 May 1959

Citation : 1959 Latest Caselaw 68 SC

Headnote :

The workers were initially hired by M/s. M.M. Ispahani Ltd., which moved its registered office from Calcutta to Chittagong shortly before the partition of India. The appellant company was established on September 5, 1947, acquiring the goodwill and trading rights of M/s. M.M. Ispahani Ltd., along wi...

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Great Indian Motor Works Ltd.,& ANR Vs. Their Employees & Ors [1959] INSC 69 (6 may 1959)

Judgement Date : 06 May 1959

Citation : 1959 Latest Caselaw 69 SC

Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947

Headnote :

The employees who were discharged from the Company undergoing liquidation initiated an industrial dispute, including the auction purchaser of the Company as a party. The Tribunal determined that there was no employer-employee relationship between the auction purchaser and the former employees who ha...

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Crompton Parkinson (Works) Private ltd., Bombay Vs. Its Workmen & Ors [1959] INSC 70 (6 may 1959)

Judgement Date : 06 May 1959

Citation : 1959 Latest Caselaw 70 SC

Industrial Disputes Act, 1947

Headnote :

Initially, the appellant was a wholly-owned subsidiary of the British firm, Crompton Parkinson Ltd. In 1947, a \"Technical Aid Agreement\" was established between the two entities, wherein the appellant committed to pay the parent company 5% of its net sales annually as a service fee. This fee was f...

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The Graham Trading Co. (India) Ltd. Vs. Its Workmen [1959] INSC 71 (7 may 1959)

Judgement Date : 07 May 1959

Citation : 1959 Latest Caselaw 71 SC

Headnote :

The appellant had consistently provided puja bonuses to its workers from 1940 to 1952, at a rate equivalent to one month\'s wages. Between 1948 and 1952, the appellant explicitly stated that these bonuses were ex gratia payments and would not set a precedent for future payments. A dispute arose conc...

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Narayandas Bhagwandas Madhavdas Vs. The State of West Bengal [1959] INSC 72 (7 may 1959)

Judgement Date : 07 May 1959

Citation : 1959 Latest Caselaw 72 SC

CrPC Section 258. Power to stop proceedings in certain cases

Headnote :

On September 7, 1952, the appellant arrived at Dum Dum Aerodrome to board a flight to Hong Kong. During a search conducted by customs officials, they discovered a sum of RS. 25,000 in his possession, which he had failed to declare on his customs form and for which he lacked a permit from the Reserve...

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The Management of Praga Industries Ltd. Coimbatore Vs. The Workers [1959] INSC 73 (8 may 1959)

Judgement Date : 08 May 1959

Citation : 1959 Latest Caselaw 73 SC

Headnote :

The appellant was the lessee of Praga Industries, having leased buildings and machinery for a five-year term with an option to renew. The dispute at hand involved two main issues: (1) the amount of bonus owed to the workers for the year 1954, and (2) the establishment of a wage scale with annual inc...

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Messrs. Shalimar Works Limited. Vs. Their Workmen [1959] INSC 74 (8 may 1959)

Judgement Date : 08 May 1959

Citation : 1959 Latest Caselaw 74 SC

Headnote :

On March 23, 1948, while certain disputes were being resolved, the workers urged the company to address their demands immediately, without waiting for the tribunal\'s decision. The company declined to meet these demands, leading the workers to initiate an illegal sit-down strike.In response, the com...

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Shri B. P. Hira, Works Manager, Central Railway, Parel, Bom Vs. Shri C. M. Pradhan [1959] INSC 75 (8 may 1959)

Judgement Date : 08 May 1959

Citation : 1959 Latest Caselaw 75 SC

Bombay Shops and Establishments Act, 1948
Bombay Shops and Establishments Act, 1948
Factories Act, 1948
Mines Act, 1952
Payment of Wages Act, 1936
Payment of Wages Act, 1936

Headnote :

These special leave appeals originated from applications submitted by the respondents, who were employed as timekeepers in the time office of the Central Railway Workshop and Factory in Parel, Bombay. They sought payment for overtime wages under the Payment of Wages Act, 1936 (4 of 1936). The respon...

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Jnanendra Nath Ghose Vs. The State of West Bengal [1959] INSC 76 (8 may 1959)

Judgement Date : 08 May 1959

Citation : 1959 Latest Caselaw 76 SC

Indian Evidence Act, 1872

Headnote :

The appellant faced trial for murder before a Sessions judge and a jury. The prosecution\'s case relied on the testimony of an approver and additional corroborative evidence linking the appellant to the crime. The jury found the appellant guilty, and the Sessions judge accepted their verdict, senten...

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The Commissioner of Income-Tax, Bombay Vs. V. Ranchhoddas Karsondas, Bombay [1959] INSC 77 (8 may 1959)

Judgement Date : 08 May 1959

Citation : 1959 Latest Caselaw 77 SC

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British India General Insurance Co., Ltd. Vs. Captain Itbar Singh & Ors [1959] INSC 78 (11 may 1959)

Judgement Date : 11 May 1959

Citation : 1959 Latest Caselaw 78 SC

Code of Civil Procedure, 1908 (CPC)
Motor Vehicles Act, 1939

Headnote :

A lawsuit seeking damages for negligent driving was initiated against the owner of a motor vehicle, who had third-party insurance coverage. The insurer was later included as a defendant in the case under section 96(2) of the Motor Vehicles Act, 1939. The insurer argued that its defense was not limit...

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Pares Nath Thakur Vs. Smt. Mohani Dasi & Ors [1959] INSC 79 (12 may 1959)

Judgement Date : 12 May 1959

Citation : 1959 Latest Caselaw 79 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The plaintiffs, who are the respondents in this case, initiated the lawsuit that led to the current appeal under the provisions of Order 21, Rule 63 of the Code of Civil Procedure. They sought a declaration that the trust deed executed in favor of the appellant deity was a sham and fictitious docume...

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The New Jehangir Vakil Mills Ltd. Vs. The Commissioner of Income-Tax [1959] INSC 80 (12 may 1959)

Judgement Date : 12 May 1959

Citation : 1959 Latest Caselaw 80 SC

Headnote :

This appeal, made under special leave, challenged the High Court\'s order instructing the Income-tax Appellate Tribunal, pursuant to section 66(4) of the Income-tax Act, to provide a supplementary statement of case regarding issues that were neither raised by the parties nor addressed by the Income-...

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Shri Jagdish Mills Ltd. Vs. The Commissioner of Income-Tax [1959] INSC 81 (12 may 1959)

Judgement Date : 12 May 1959

Citation : 1959 Latest Caselaw 81 SC

Headnote :

The appellant company, engaged in the manufacturing and sale of textiles in Baroda, received payments via cheques from the Government of India during the assessment years 1942-43 and 1943-44 for goods supplied, based on bills submitted in accordance with specified printed forms. These forms stipulat...

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The Central Bank of India Vs. Their Workmen [1959] INSC 82 (12 may 1959)

Judgement Date : 12 May 1959

Citation : 1959 Latest Caselaw 82 SC

Banking Companies (Amendment) Act, 1956
Industrial Disputes Act, 1947

Headnote :

Section 10(1)(b)(11) of the Banking Companies Act, 1949 states: \"No banking company shall employ any person whose remuneration or part of whose remuneration takes the form of a share in the profits of the company.\" The conflict between the appellant Banks and their employees centered on whether th...

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Messrs. Calcutta Company Ltd. Vs. The Commissioner of Income-Tax, West Bengal [1959] INSC 83 (12 may 1959)

Judgement Date : 12 May 1959

Citation : 1959 Latest Caselaw 83 SC

Keshav Mills Ltd. Vs. Commissioner of Income-Tax, Bombay [1953] INSC 6 (30 January 1953)

Headnote :

The appellant company was engaged in land development and sold plots for profit. However, not all development was completed before the land was sold, nor was the entire sale price received in cash at the time of sale. During the relevant accounting year, the appellant sold several plots and received...

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The Manager, Hotel Imperial Vs. The Chief Commissioner & Ors [1959] INSC 84 (13 may 1959)

Judgement Date : 13 May 1959

Citation : 1959 Latest Caselaw 84 SC

Industrial Disputes Act, 1947

Headnote :

An industrial dispute between the hotel and its employees was brought before an Industrial Tribunal. The hotel challenged the validity of the order of reference, arguing that it was incompetent because the Union could not be included as a party under the Industrial Disputes Act, and that the referen...

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Messrs. Lalchand Bhagat Ambical Ram Vs. The Commissioner of Income-Tax, Bihar & Orissa [1959] INSC 85 (14 may 1959)

Judgement Date : 14 May 1959

Citation : 1959 Latest Caselaw 85 SC

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

Headnote :

The appellant, a Hindu undivided family engaged in the grain business, maintained its accounts according to the mercantile system and had two cash book accounts: one for daily cash balances and another termed the \"Almirah account,\" which held larger balances not needed for daily operations. On Jan...

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Abdul Rahim Ismail Rahimtoola Vs. The State of Bombay [1959] INSC 86 (14 may 1959)

Judgement Date : 14 May 1959

Citation : 1959 Latest Caselaw 86 SC

Constitution of India

Headnote :

The appellant, an Indian citizen, entered India without a passport based on a decision from the Supreme Court. The appellant argued that Section 3 of the Indian Passport Rules, 1950, was beyond the powers granted by the Constitution and that, upon proper interpretation, the section and its rules did...

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Guest, Keen, Williams Private Ltd. Vs. P. J. Sterling & Ors [1959] INSC 87 (15 may 1959)

Judgement Date : 15 May 1959

Citation : 1959 Latest Caselaw 87 SC

Industrial Disputes (Appellate Tribunal) Act, 1950

Headnote :

The appellant company, in enforcing a standing order established under the Industrial Employment (Standing Orders) Act, 1946 (XX of 1946), which the respondent did not appeal against, compulsorily retired 47 of its workers at the age of 55. The workers contested the validity of this retirement, lead...

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Maharajadhiraj Sir Kameshwar Singh Vs. The State of Bihar [1959] INSC 88 (15 may 1959)

Judgement Date : 15 May 1959

Citation : 1959 Latest Caselaw 88 SC

Headnote :

In his agricultural income return for the assessment year 1944-45, the appellant reported a payment of Rs. 2,82,192 made to Tekari Rai for two leasehold properties acquired under a Zarpeshgi lease, claiming it as a capital receipt among his total deductions. The Agricultural Income-tax Officer accep...

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The Commissioner of Income-Tax, West Bengal Vs. Kalu Babu Lal Chand [1959] INSC 89 (15 may 1959)

Judgement Date : 15 May 1959

Citation : 1959 Latest Caselaw 89 SC

Headnote :

R was the head of a Hindu undivided family that became interested in a business operated by others. To take over this business as a going concern, a company was established with R as one of the promoters. Following an agreement with the business vendors and in anticipation of the company\'s incorpor...

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Dhrangadhra Chemical Works Ltd. Vs. The Dhrangadhra Municipality [1959] INSC 90 (19 may 1959)

Judgement Date : 19 May 1959

Citation : 1959 Latest Caselaw 90 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding

Headnote :

The Municipality in question issued a notice under subsection (1) of section 153A of the Bombay District Municipal Act, 1901, as modified for the State of Saurashtra and amended by Act XI of 1955, requiring the appellant to explain why it should not be ordered to discharge the effluent from its chem...

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Associated Hotels of India Ltd. Vs. R. N. Kapoor [1959] INSC 91 (19 may 1959)

Judgement Date : 19 May 1959

Citation : 1959 Latest Caselaw 91 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Section 105. TPA, Lease defined.

Headnote :

Section 2(b) of the Delhi and Ajmer-Merwara Rent Control Act of 1947 states: \"S. 2. In this Act, unless the context indicates otherwise,- (a).........................................................(b) \'Premises\' refers to any building or part of a building that is, or is intended to be, rented s...

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Shri Vs. V. Giri Vs. Dippala Suri Dora & Ors [1959] INSC 92 (20 may 1959)

Judgement Date : 20 May 1959

Citation : 1959 Latest Caselaw 92 SC

Delimitation Commission Act, 1952
Representation of the People Act, 1951

Headnote :

In a double-member parliamentary constituency, one seat was designated for scheduled tribes while the other was open to the general public. Four candidates submitted their nominations for the election: G1 and G2 for the general seat, and S1 and S2 for the reserved seat. The votes cast during the ele...

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Naresh Chandra Ganguli Vs. The State of West Bengal & Ors [1959] INSC 93 (20 may 1959)

Judgement Date : 20 May 1959

Citation : 1959 Latest Caselaw 93 SC

Preventive Detention Act, 1950

The State of Bombay Vs. Atma Ram Sridhar Vaidya [1951] INSC 5 (25 January 1951)

Headnote :

The appellant was detained under section 3(1)(a)(ii) of the Preventive Detention Act, 1950. The grounds for his detention, as provided in the notice served to him, indicated that he was detained for actions deemed harmful to public order, supported by details outlined in four paragraphs. Paragraph 1...

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Commissioner of Income-Tax, Delhi Vs. Messrs. P. M. Rathod & Co [1959] INSC 94 (20 may 1959)

Judgement Date : 20 May 1959

Citation : 1959 Latest Caselaw 94 SC

Sale of Goods Act, 1930
Section 148. Bailment, bailor and bailee defined.

Headnote :

The respondents were manufacturers of perfumes and hair oils located in Ratlam, Madhya Bharat, which was classified as a Part B State at that time. They employed agents to solicit orders, and the ordered goods were dispatched to customers from Ratlam either via Value Payable Post through the post of...

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The Union of India Vs. Kishorilal Gupta And Bros [1959] INSC 95 (21 may 1959)

Judgement Date : 21 May 1959

Citation : 1959 Latest Caselaw 95 SC

Section 63. Promise may dispense with or remit performance of promise

Headnote :

The respondents entered into three separate contracts with the appellant for the fabrication and supply of various military supplies, each containing an arbitration clause. Disputes arose before the contracts were fully executed, with one party alleging a breach by the other. Subsequently, the parti...

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The Management of Hotel Imperial, New Delhi & Ors Vs. Hotel Workers' Union [1959] INSC 96 (21 may 1959)

Judgement Date : 21 May 1959

Citation : 1959 Latest Caselaw 96 SC

Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947

Headnote :

The appellants, who managed three hotels, opted to terminate the employment of certain workers found guilty of misconduct following their internal investigations. They suspended these workers without pay while awaiting permission from the Industrial Tribunal as required by Section 33 of the Industri...

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Messrs. Kamarhatty Co. Ltd. Vs. Shri Ushnath Pakrashi [1959] INSC 97 (21 may 1959)

Judgement Date : 21 May 1959

Citation : 1959 Latest Caselaw 97 SC

Industrial Disputes Act, 1947

Headnote :

The respondent submitted an application under section 33A of the Industrial Disputes Act, 1947, arguing that there was no justification for his retrenchment due to the closure of a ration shop. He also claimed that he had been employed longer than others who were retained, thus violating the princip...

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C. S. D. Swamy Vs. The State [1959] INSC 98 (21 may 1959)

Judgement Date : 21 May 1959

Citation : 1959 Latest Caselaw 98 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant faced trial for charges under sections 5(1)(a) and 5(1)(d) of the Prevention of Corruption Act, 1947. While specific bribe payments were not proven against him, the High Court determined that the appellant\'s uncorroborated statements from the witness stand could not adequately explain...

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Krishan Kumar Vs. The Union of India [1959] INSC 99 (21 may 1959)

Judgement Date : 21 May 1959

Citation : 1959 Latest Caselaw 99 SC

Indian Penal Code, 1860 (IPC)
IPC Section 24. Dishonestly

Headnote :

The appellant was working as an Assistant Store Keeper at the Central Tractor Organisation in Delhi. He received a shipment of iron and steel by rail for the Organisation and removed it from the railway siding. However, the goods never arrived at the Organisation. The appellant subsequently missed w...

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