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Bhinka & Ors Vs. Charan Singh [1959] INSC 51 (24 April 1959)

Judgement Date : 24 Apr 1959

Citation : 1959 Latest Caselaw 51 SC

Headnote :

These appeals arose out of suits for ejectment instituted in the Revenue Court by the respondent Zamindar against the appellants under s. 180 of the U. P. Tenancy Act, 1939 (U. P. I7 Of 1939). His case was that the lands in suit were his sir lands and the appellants trespassed on the same on the bas...
Dolgobinda Paricha Vs. Nimai Charan Misra & Ors [1959] INSC 52 (27 April 1959)

Judgement Date : 27 Apr 1959

Citation : 1959 Latest Caselaw 52 SC

Headnote :

On the death of H, who as the mother of the last male owner had succeeded to the estate, the respondents claimed the estate and brought a suit for its recovery on the strength of the pedigree which they set up that they were the sons of the half sisters of the last male owner and therefore came befo...
M/S. Sasa Musa Sugar Works (P) Ltd. Vs. Shobrati Khan & Ors [1959] INSC 53 (29 April 1959)

Judgement Date : 29 Apr 1959

Citation : 1959 Latest Caselaw 53 SC

Headnote :

Pending an adjudication proceeding between the workmen and the Mills, the management of the appellant Mills served notices on thirty-three of its workmen and thereafter suspended them for taking a leading part in a protracted goslow in contravention of the Industrial Disputes Act. For similar reason...
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

Headnote :

In the new State of Mysore (Now Karnatake) which came into existence on 1-11-56 as a result of integration of the areas which formed part of erstwhile States of Mysore, Madras, Coorg, Bombay and Hyderabad, the Government on 6-2- 58, 7-2-58 and 2-12-60 respectively promulgated the following Rules (al...
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 question for decision in this appeal was whether a single transaction of sale of land measuring about three quarters of an acre was an adventure in the nature of trade so as to make it liable to income-tax. The assessee appellant, an Engineer by profession, was engaged in various business activi...
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 resisting the workmen's claim for bonus for the year 1955-56 the appellant contended that in calculating gross profits for the purpose of the Full Bench formula the following items of income should be excluded :(i) Income earned by way of rent, light and power; (ii) estate revenue derived...
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

Headnote :

In 1949 the appellant framed a scheme called " Tonnage Production Bonus Scheme " where under the workmen were to get 13 days' basic wages by way of bonus on a production Of 30,000 tons and thereafter an additional one day's basic wage for every 46o tons produced upto a maximum Of 3...
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 workmen claimed bonus for the years 1952-53 and 1953-54. The employers contended that on a proper working 1003 out of the Full Bench formula there 'was no available surplus and so no bonus was payable. The Tribunal held that the formula was not binding on it and on genuine considerations...
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 found that the assessee, an unregistered firm, had made a profit in the assessment year 1940 41. He treated it as registered under S. 23(5)(b) of the Act, assessed the partners and carried the profit to their individual returns, making no demand on the firm. For the next tw...
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 :

With a view to provide a pension to H who was the managing director of the appellant company, after his retirement at the age Of 55 years on September 20, 1955, the company executed a trust deed on September 16, 1948, in favour of three trustees to whom the company paid a sum of Rs. 1,09,643 and...
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

Headnote :

The appellant manufactured hume pipes and had factories in different parts of India, Pakistan and Ceylon. For determining the available surplus for the payment of bonus for the year 1954-55 the appellant claimed deductions as prior charges on account of (i) losses suffered on the Lahore factory writ...
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

Headnote :

The appellants were the trustees of a charity fund known as The Charity Fund founded by Sir Sassoon David, Baronet of Bombay ". Clause 13 Of the deed of trust, after declaring that the trustees should apply the net income for all or any of the following purposes, namely, (a) the relief and bene...
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

Headnote :

A music performance attended by a large number of persons including two police informers Bankey and As a Ram was going on a platform in front of the house of one Ram Saroop. At that time there was a full moon and the light of a gas lamp and several lanterns. The informers had placed their guns on...
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 carrying on business at Secunderabad within the territories of the Nizam of Hyderabad, were acting as agents of two firms in Bombay and Madurai, in British India, for the supply of certain goods to the Nizam's Government. In respect of the Commission due t...
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 :

For the year 1953-54, the employers paid bonus to the workmen equal to three months' wages, but the workmen demanded bonus equivalent to seven months and six months basic wages with dearness allowance. The employers contended that after making deductions for the prior charges from the gross prof...
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

Headnote :

ning foreign exchange. The loss, if any, was spread over many factories and was so small as not to amount to an unreasonable restriction. The Act did not offend Art. 14 Of the Constitution in selecting sugar produced by the vacuum pan process for export and in leaving out sugar produced by other...
Phulbari Tea Estate Vs. Its Workmen [1959] INSC 67 (6 may 1959)

Judgement Date : 06 May 1959

Citation : 1959 Latest Caselaw 67 SC

Headnote :

Two workmen Das and another were arrested by the police on the complaint of the appellant company for an alleged theft. The manager held an enquiry and dismissed Das from service for gross misconduct. At the enquiry, Das stated that he had nothing to say and knew nothing about the theft. Certa...
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 workmen were originally employed by M/s. M.M. Ispahani Ltd., which shortly before the partition of India transferred its registered office from Calcutta to Chittagong. The appellant company was incorporated on September 5, 1947 and took over the good-will and trading rights of M/s. M. M. Ispahan...
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

Headnote :

The discharged employees of the Company in liquidation raised an industrial dispute wherein the auction-purchaser of the Company was also impleaded as a party. The Tribunal, inter alia, held that no relationship of employer and employee existed between the auction-purchaser and the old staff who had...
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

Headnote :

Initially the appellant was a 100% subsidiary of the British company, Crompton Parkinson Ltd. In 1947 an agreement called " Technical Aid Agreement " was concluded between the two companies under which the appellant agreed to pay to the parent company 5% Of the net value of its sales every...
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 been paying puja bonus to its workmen continuously from 1940 to 1952 at the rate of one month's wages. From 1948 to 1952, the appellant whenever it paid this bonus, made it clear that it was ex gratia payment and would not constitute any precedent in future years. The dispute a...
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

Headnote :

On September 7, 1952, the appellant went to Dum Dum Aerodrome to board a plane for Hong Kong. On his search by the customs authorities a sum of RS. 25,000 was recovered from him which he had not declared in his declaration form and for which he had no permit from the Reserve Bank of India for taking...
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 under Praga Industries and took on lease buildings and machinery for five years with option of renewal. The subject matter of dispute for adjudication was with regard to the questions about (1) the quantum of bonus payable to the workmen for the year 1954, and (2) fixati...
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 under adjudication the workmen pressed the same demands upon the company for immediate solution without awaiting the award of the tribunal. The company refused to meet the demands and thereupon the workmen went on an illegal sit-down strike. The comp...
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

Headnote :

These appeals by special leave arose from applications made by the respondents, who were employed as timekeepers in the time office of the Central Railway Workshop and Factory, Parel, Bombay, claiming payment of overtime wages under the Payment of Wages Act, 1936 (4 of 1936). The case of the respond...
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

Headnote :

The appellant was tried on a charge of murder by the Sessions judge with the aid of a jury. The evidence against him consisted of the testimony of an approver and the proof of corroborative circumstances tending to connect him with the crime. The jury found the appellant guilty and the Sessions judg...
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

Headnote :

A suit claiming damages, for negligent driving was filed aginst the owner of a motor car, who was insured against third party risks. The insurer, was subsequently added as defendant to the suit under s. 96(2) of the Motor Vehicles Act, 1939. it contended that the defence available to it was not rest...
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

Headnote :

The respondents as plaintiffs brought the suit, out of which the present appeal arises, under the provisions of 0. 21, r. 63 Of the Code of Civil Procedure for a declaration that the deed of trust executed in favour of the appellant deity was a sham and fictitious document and the properties cove...
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 by special leave was directed against the order of the High Court asking the Income-tax Appellate Tribunal under s. 66(4) Of the Income-tax Act to submit a supplementary' statement of case on points, which were never raised by the parties nor decided by the Income-tax Authorities or...
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, carrying on business in manufacturing and selling textiles at Baroda, received in the assessment years 1942-43 and 1943-44 payments in cheques from the Government of India for the supply of such goods on bills submitted, as agreed upon in prescribed printed forms which provide...
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

Headnote :

Section 10(1)(b)(11) of the Banking Companies Act, 1949 provided:" 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 dispute between the appellant Banks and their employees related,...
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

Headnote :

The appellant company carried on land-developing business and sold land after development on a profit. The whole of the development was not carried out before the land was sold nor the whole of the sale price received in cash at the time of the sale. In the accounting year in question the appellant...
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

Headnote :

An industrial dispute between the hotel and its workmen was referred to an Industrial Tribunal. The attack of the hotel was on the form of the order of reference, the main contention being that the reference was incompetent on the grounds that the Union could not be made a party to the reference und...
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

Headnote :

The appellant a Hindu undivided family carrying on business in grain kept its books of account according to the mercantile system and maintained in its cash books two accounts: one showing the cash balances from day to day and the other known as " Almirah account " wherein were kept large...
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

Headnote :

The appellant an Indian citizen entered India without a passport after and on the basis of the decision of the Supreme Court. The appellant's contention was that s. 3 of the Indian Passport Rules, 1950, were ultra vires the Constitution and that on a proper interpretation, the provisions of the...
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

Headnote :

The appellant company in enforcement of a standing order, framed under the Industrial Employment (Standing Orders) Act, 1946 (XX of 1946), against which the respondent had preferred no appeal, compulsorily retired 47 of its workmen at the age Of 55. A dispute was raised by the workmen as to the vali...
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 return of agricultural income for the assessment year I944-45 the appellant showed a sum of Rs. 2,82,192, which he had paid to the Tekari Rai for two lease-hold properties taken on Zarpeshgi lease, as one of the items of the total amount of deduction claimed by him as capital receipt. The Agr...
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 karat of the Hindu undivided family which became interested in a business concern which was then being carried on by others. With a view to taking over the said business as a going concern, a company was floated with R as one of the promoters. Pursuant to an agreement with the vendors. of...
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

Headnote :

The respondent Municipality issued a notice under sub-s. (1) Of s. 153A of the Bombay District Municipal Act, 1901, as adapted and applied to the State of Saurashtra and as amended by Act XI Of 1955, calling upon the appellant to show cause why it should not be directed to discharge the effluent Of...
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

Headnote :

Section 2(b) of the Delhi and Ajmer-Merwara Rent Control Act 1947, provided as follows:-, " S. 2. In this Act, unless there is anything repugnant in in the subject or context,- (a)......................................................... (b) Premises' means any building or part of a buil...
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

Headnote :

In a double member Parliamentary constituency one seat was reserved for the scheduled tribes and the other was general. Four persons filed their nominations for the election, G 1 and G 2 for the general seat and S1 and S2 for the reserved seat. At the polls the number of votes received by the candid...
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

Headnote :

The appellant was detained under s. 3(1)(a)(ii) of the Pre- ventive Detention Act, 1950. The copy of the grounds of the order of detention served on him stated that he was detained as he had been acting in a way prejudicial to the maintenance of public order as evidenced by the particulars stated in...
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

Headnote :

The respondents were manufacturers of perfumery and hair oils at Ratlam in Madhya Bharat which at the relevant time was a Part B State. They sent out agents who canvassed orders. The goods ordered were sent to the customers from Ratlam either through the post office by Value Payable Post or they wer...
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

Headnote :

The respondents entered into three several contracts with the appellant, for the fabrication and supply of diverse military stores, each of which contracts contained an arbitration clause. Before the contracts had been fully executed disputes arose between the parties, one alleging that the other wa...
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

Headnote :

The appellants, who were the managements of the three hotels, decided to dismiss some of their workmen who were found guilty of misconduct as a result of enquiries held by them and suspended them without pay pending the receipt of the permission of the Industrial Tribunal under S. 33 Of the Industri...
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

Headnote :

The respondent made an application under s. 33A of the Industrial Disputes Act, 1947, which, inter alia, stated that there was no reason for retrenchment on account of the closure of a ration shop, and that at any rate he was longer in service than others who had been retained, and, therefore, the p...
C. S. D. Swamy Vs. The State [1959] INSC 98 (21 may 1959)

Judgement Date : 21 May 1959

Citation : 1959 Latest Caselaw 98 SC

Headnote :

The appellant was put up on trial on charges under ss. 5(1)(a) and 5(1)(d) of the Prevention of Corruption Act, 1947. Payments of particular sums by way of bribe were not proved against him. But the High Court, holding that the appellant's bare statements from the dock unsupported by any other a...
Krishan Kumar Vs. The Union of India [1959] INSC 99 (21 may 1959)

Judgement Date : 21 May 1959

Citation : 1959 Latest Caselaw 99 SC

Headnote :

The appellant was employed as an Assistant Store Keeper in the Central Tractor Organisation, Delhi. He took delivery of a consignment of iron and steel received by rail for the Organisation and removed them from the railway siding. The goods did not reach the Organisation. The appellant absented him...
The State of Saurashtra Vs. Memon Haji Ismail Haji [1959] INSC 100 (4 August 1959)

Judgement Date : 04 Aug 1959

Citation : 1959 Latest Caselaw 100 SC

Headnote :

The suit, out of which the present appeal arose, was one originally brought by the respondent against the State of junagadh, later on substituted by the State of Saurashtra, for a declaration that the Administrator's order dated October i, 1948, resuming the immoveable property in suit was illeg...
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