Caselaw | Supreme Court Judgements of april 1960

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Nandlal Misra Vs. K. L. Misra [1960] INSC 62 (1 April 1960)

Judgement Date : 01 Apr 1960

Citation : 1960 Latest Caselaw 62 SC

Headnote :

The appellant, a minor, submitted an application through his mother, acting as his guardian, under section 488 of the Code of Criminal Procedure to the City Magistrate\'s Court in Allahabad. He sought a maintenance order against the respondent, whom he claimed was his putative father. The Magistrate...

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The State of Uttar Pradesh Vs. Khushi Ram [1960] INSC 63 (1 April 1960)

Judgement Date : 01 Apr 1960

Citation : 1960 Latest Caselaw 63 SC

CrPC Section 32. Mode of conferring powers
CrPC Section 347. When Registrar or Sub-Registrar to be deemed a civil Court
CrPC Section 429. Saving
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The respondent faced prosecution for violations under section 7 of the Prevention of Food Adulteration Act, 1954. The Magistrate determined that the offences were proven and noted that this was the respondent\'s third offence, which made him subject to a minimum imprisonment sentence of two years an...

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Assam Oil Company Vs. Its Workmen [1960] INSC 64 (4 April 1960)

Judgement Date : 04 Apr 1960

Citation : 1960 Latest Caselaw 64 SC

Industrial Disputes Act, 1947

Headnote :

One S was hired by the appellant as a secretary, with a term in her employment contract stating that either party could terminate the appointment with one month\'s notice. The appellant was quite unhappy with S\'s performance and disapproved of her decision to join a union. Acting under the terms of...

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The Management of Chandramalai estate, Ernakulam Vs. Its Workmen & ANR [1960] INSC 65 (4 April 1960)

Judgement Date : 04 Apr 1960

Citation : 1960 Latest Caselaw 65 SC

Headnote :

The management\'s refusal to meet some of the workers\' demands led to the matter being referred for conciliation. However, conciliation efforts were unsuccessful on November 30, 1955. The following day, the union issued a strike notice and commenced the strike on December 9, 1958. On January 3, 195...

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The Chartered Bank, Bombay Vs. The Chartered Bank Employees' Union [1960] INSC 66 (4 April 1960)

Judgement Date : 04 Apr 1960

Citation : 1960 Latest Caselaw 66 SC

Headnote :

The cash department of the appellant Bank operated with a Chief Cashier overseeing approximately thirty Assistant Cashiers. The Chief Cashier was responsible for securing the cash department\'s operations, while the Assistant Cashiers were hired based on recommendations from the Chief Cashier, who g...

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The Standard-Vacuum Refining Co., of India Ltd. Vs. Its Workmen & Ors [1960] INSC 67 (6 April 1960)

Judgement Date : 06 Apr 1960

Citation : 1960 Latest Caselaw 67 SC

Industrial Disputes Act, 1947

Headnote :

A dispute was raised by the respondents, who are the workers of the appellant company, regarding the use of contract labor for cleaning and maintenance tasks at the refinery, including its premises and plant. They demanded the elimination of the contract system and the integration of the contract wo...

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In Re: Sant Ram [1960] INSC 68 (7 April 1960)

Judgement Date : 07 Apr 1960

Citation : 1960 Latest Caselaw 68 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

Following a complaint from the Honorary Secretary of the Supreme Court Bar Association, the Registrar of the Supreme Court issued notices to the appellant and another party under Rule 24 of Order IVA of the Supreme Court Rules, requiring them to explain why their names should not be added to the lis...

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Muir Mills Co. Ltd. Vs. Its Workmen [1960] INSC 69 (7 April 1960)

Judgement Date : 07 Apr 1960

Citation : 1960 Latest Caselaw 69 SC

Industrial Disputes Act, 1947

Headnote :

The appellant compensated its workers in the Carding Department on a piece rate basis, and additionally, the workers were eligible for extra payments if their production surpassed a specific standard. The entitlement to these extra payments had become part of the workers\' employment terms. In 1948,...

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Madhya Pradesh Mineral Industry Association Vs. The Regional Labour Commissioner Jabalpur & Ors [1960] INSC 70 (7 April 1960)

Judgement Date : 07 Apr 1960

Citation : 1960 Latest Caselaw 70 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Government of Madhya Pradesh issued a notification under section 5(2) of the Minimum Wages Act, 1948 (II of 1948), establishing minimum wage rates for stone breaking and stone crushing activities conducted in mines, based on the authority granted by the President through a notification under Art...

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The Mahalaxmi Mills Ltd. Vs. The Commissioner of Income-Tax, Bombay [1960] INSC 71 (8 April 1960)

Judgement Date : 08 Apr 1960

Citation : 1960 Latest Caselaw 71 SC

Headnote :

The assessees were conducting business in Bhavnagar, which was previously an Indian State. In 1948, Bhavnagar became part of the United State of Saurashtra, and on March 16, 1949, the Saurashtra Income-tax Ordinance was enacted. To determine the depreciation allowance that the assessees were entitle...

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M/S. Muller & Phipps (India) Ltd. Vs. K. C. Sud [1960] INSC 72 (11 April 1960)

Judgement Date : 11 Apr 1960

Citation : 1960 Latest Caselaw 72 SC

Industrial Disputes Act, 1947

Headnote :

The Labour Court in Delhi established a gratuity scheme, which stipulates that upon termination of service by the company, employees are entitled to receive half a month\'s basic salary or wage for each completed year of service as gratuity. A respondent who was retrenched and had received compensat...

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M/S. Hatisingh Mfg. Co. Ltd. & ANR Vs. Union of India & Ors [1960] INSC 73 (14 April 1960)

Judgement Date : 14 Apr 1960

Citation : 1960 Latest Caselaw 73 SC

Industrial Disputes Act, 1947

Headnote :

The issue at hand in these petitions concerns the constitutional validity of Section 25FFF(1) of the Industrial Disputes Act, 1947, which was added by Act 18 of 1957. This section mandates compensation for workers when an industrial establishment is closed. The petitioners argued that this section (...

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Darbar Shri Vira Vala Surag Vala,Vadia Vs. The State of Saurashtra (Now Bombay) [1960] INSC 74 (14 April 1960)

Judgement Date : 14 Apr 1960

Citation : 1960 Latest Caselaw 74 SC

Constitution of India

Headnote :

In the Indian State of Vadia, succession was determined by the principle of primogeniture. In 1943, the Ruler granted his younger son, the petitioner, a village in the State for perpetual and hereditary enjoyment as a \'Kapal-Giras\' under the title of \'Bhayat\'.In 1947, the State of Vadia joined t...

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Commissioner of Income- Tax, Bombay Vs. Smt. Indira Balkrishna [1960] INSC 75 (14 April 1960)

Judgement Date : 14 Apr 1960

Citation : 1960 Latest Caselaw 75 SC

Headnote :

A Hindu who was governed by the Mitakshara School of Hindu Law passed away, leaving behind three widows as his legal heirs. The widows inherited the estate as joint tenants and chose not to assert their right to separate possession and enjoyment. The primary source of income was from dividends and i...

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M/S. Zoraster and Co. Vs. The Commissioner of Income Tax, Delhi, Ajmer, Rajasthan A [1960] INSC 76 (17 April 1960)

Judgement Date : 17 Apr 1960

Citation : 1960 Latest Caselaw 76 SC

Headnote :

The appellant entered into a contract with the Government for the supply of goods, resulting in an income assessment of Rs. 10,80,653 for the assessment year 1942-43 and Rs. 7,45,336 for the assessment year 1943-44, as determined by the Income-tax Officer. The appellant supplied goods to the Governm...

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State of Bombay Vs. K. P. Krishnan & Ors [1960] INSC 77 (18 April 1960)

Judgement Date : 18 Apr 1960

Citation : 1960 Latest Caselaw 77 SC

Industrial Disputes Act, 1947

Headnote :

Section 2(5) of the Industrial Disputes Act, 1947, when properly interpreted, does not independently grant the appropriate Government the authority to make a reference. This authority is actually found in section 10(i) of the Act. In determining whether to make a reference under section 12(5), the a...

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Qamar Shaffi Tyabji Vs. The Commissioner, Excess Profits Tax, Hyderabad [1960] INSC 78 (18 April 1960)

Judgement Date : 18 Apr 1960

Citation : 1960 Latest Caselaw 78 SC

Delegation of Powers
Delegation of Powers
Indian Contract Act, 1872
Section 194. Relation between principal and person duly appointed by agent to act in business of agency

Headnote :

By an order from the Ruler of the former State of Hyderabad, an institution was established to promote industrial development on behalf of the Government, known as the Industrial Trust Fund, which was overseen by a committee referred to as the Trustees. In 1934, the Trustees entered into agreements...

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Shoorji Vallabhdas & Co. Vs. The Commissioner of Income-Tax/Excess Profits Tax, Bombay [1960] INSC 79 (19 April 1960)

Judgement Date : 19 Apr 1960

Citation : 1960 Latest Caselaw 79 SC

Headnote :

The appellant served as the managing agent for a company engaged in transporting cargo via boats that docked at ports in British India, the Indian State of Cochin, and other regions.According to the managing agency contract, the appellant\'s remuneration was defined as follows: \"The managing agent...

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Bashirbhai Mohamedbhai Vs. The State of Bombay [1960] INSC 80 (19 April 1960)

Judgement Date : 19 Apr 1960

Citation : 1960 Latest Caselaw 80 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

The crime of attempting to cheat can occur even if the individual targeted for cheating does not genuinely believe the false statements made to them and is not deceived by them, but instead pretends to believe in order to catch the perpetrator.If false statements have been made and money has been ac...

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Satyadhyan Ghosal & Ors Vs. Sm. Deorajin Debi & ANR [1960] INSC 81 (20 April 1960)

Judgement Date : 20 Apr 1960

Citation : 1960 Latest Caselaw 81 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Calcutta Thika Tenancy Act of 1949 was enacted before the appellant-landlords could take possession following their eviction decree against the respondent-tenants. After failing to overturn the decree under Order 9, Rule 13 of the Code of Civil Procedure, the tenants applied under Section 28 of...

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Mahadeolal Kanodia Vs. The Administrator-General of West Bengal [1960] INSC 82 (20 April 1960)

Judgement Date : 20 Apr 1960

Citation : 1960 Latest Caselaw 82 SC

Headnote :

To protect Thika tenants from eviction and address certain other issues, the West Bengal Legislature passed the Calcutta Thika Tenancy Act in 1949.This Act was later modified by the Calcutta Thika Tenancy Amendment Act of 1953, which removed section 28 from the original Act. The appeal raised the qu...

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Rajkumari Kaushalya Devi Vs. Bawa Pritma Singh & ANR [1960] INSC 83 (20 April 1960)

Judgement Date : 20 Apr 1960

Citation : 1960 Latest Caselaw 83 SC

Code of Civil Procedure, 1908 (CPC)
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.

Headnote :

The appellant executed two usufructuary mortgages in favor of the respondents in 1946 concerning two properties located in Ferozepur city, and simultaneously leased the properties. The respondents submitted an application under section 13 of the Displaced Persons (Debts Adjustment) Act, LXX of 1951,...

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The Commissioner of Income-Tax, Bombay City, Bombay Vs. Nandlal Gandalal [1960] INSC 84 (21 April 1960)

Judgement Date : 21 Apr 1960

Citation : 1960 Latest Caselaw 84 SC

Headnote :

N, a coparcener of the Hindu undivided family of G, which was engaged in business in Kathiwar and later outside British India, formed a partnership with outsiders in Bombay in 1944. An amount of Rs. 1,50,000 was sent to N from the undivided family funds and was used as capital for the partnership bu...

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Sahebzada Mohammad Kamgar Shah Vs. Jagdish Chandra Deo Dhabal Deo & Ors [1960] INSC 85 (21 April 1960)

Judgement Date : 21 Apr 1960

Citation : 1960 Latest Caselaw 85 SC

Headnote :

In 1900, the owner of the Dhalbhum estate, who was the predecessor of the first respondent, granted a permanent lease for mining rights of certain metals and minerals in the estate to Prince Mohammad Bakhtyar Shah. During the lifetime of this proprietor, the management of the estate was taken over b...

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Brijendralal Gupta & ANR Vs. Jwalaprasad & Ors [1960] INSC 86 (22 April 1960)

Judgement Date : 22 Apr 1960

Citation : 1960 Latest Caselaw 86 SC

Representation of the People Act, 1950
Representation of the People Act, 1951

Headnote :

Thirteen candidates submitted their nomination papers for the Madhya Pradesh Legislative Assembly elections. The nomination of candidate U was rejected because he did not provide a declaration of his age as required. After the election, the appellants were declared elected. Subsequently, one of the...

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State of Bombay Vs. Supreme General Films Exchange Ltd. [1960] INSC 87 (22 April 1960)

Judgement Date : 22 Apr 1960

Citation : 1960 Latest Caselaw 87 SC

Code of Civil Procedure, 1908 (CPC)
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

In 1954, amendments were made to the Court Fees Act, 1870, as it applied to Bombay, through the Court Fees (Bombay Amendment) Act, 1954. These changes modified the system of charging court fees in the Bombay High Court on the original Side, replacing the previous fixed fee on the plaint with ad valo...

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Radhakisan Laxminarayan Toshniwal Vs. Shridhar Ramchandra Alshi & Ors [1960] INSC 88 (23 April 1960)

Judgement Date : 23 Apr 1960

Citation : 1960 Latest Caselaw 88 SC

Section 2. TPA, Repeal of Acts.
Section 54. TPA, “Sale” defined.

Headnote :

The vendors entered into a sales agreement concerning a specific survey number, which was intended to be converted for non-agricultural use, after which a sale deed would be executed. Following this agreement, the vendors sought approval for the diversion, which was granted contingent upon the payme...

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Pingle Industries Ltd., Secunderabad Vs. Commissioner of Income Tax, Hyderabad [1960] INSC 89 (26 April 1960)

Judgement Date : 26 Apr 1960

Citation : 1960 Latest Caselaw 89 SC

Headnote :

Under a quolnama, the assessee company was granted exclusive monopoly rights to extract Shahabad Flag Stones from quarries located in six villages for a duration of 12 years, with an annual payment of Rs. 28,000, but was prohibited from manufacturing cement. The extraction of stones had to be conduc...

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M/S. Piyare Lal Adishwar Lal Vs. The Commissioner of Income-Tax, Delhi [1960] INSC 90 (26 April 1960)

Judgement Date : 26 Apr 1960

Citation : 1960 Latest Caselaw 90 SC

Dharangadhara Chemical Works Ltd. Vs. State of Saurashtra [1956] INSC 74 (23 November 1956)

Headnote :

S was the karta of a Hindu undivided family, which included himself and his younger brother. Their father served as the Treasurer of a Bank until his passing in 1950. While their father was alive, S worked as an overseer at the Bank, earning a monthly salary of Rs. 400. After his father\'s death, he...

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The Printers (Mysore) Private Ltd. Vs. Pothan Joseph [1960] INSC 91 (27 April 1960)

Judgement Date : 27 Apr 1960

Citation : 1960 Latest Caselaw 91 SC

Constitution of India

Headnote :

The respondent served as the Editor of the Deccan Herald, which is owned and published by the appellant. The two contracts between the parties included an arbitration clause stating that any disputes arising from the interpretation or application of the contract would be referred to arbitration, wit...

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Jadab Singh & Ors Vs. The Himachal Pradesh Administration & ANR [1960] INSC 92 (28 April 1960)

Judgement Date : 28 Apr 1960

Citation : 1960 Latest Caselaw 92 SC

Constitution of India
Government of Part C States Act, 1951

Headnote :

On October 10, 1958, the Supreme Court invalidated the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act of 1953, ruling that the Legislative Assembly of the New Himachal Pradesh State that enacted it was improperly constituted and therefore lacked the authority to pass the Act (...

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H. C. Narayanappa & Ors Vs. The State of Mysore & Ors [1960] INSC 93 (28 April 1960)

Judgement Date : 28 Apr 1960

Citation : 1960 Latest Caselaw 93 SC

Constitution of India
Government of India Act, 1935
Motor Vehicles Act, 1939

Headnote :

Exercising the authority granted by section 68C of the Motor Vehicles Act, 1939, the General Manager of the Mysore Government Road Transport Department announced a plan to exclude private operators from certain routes within a designated area, reserving those routes for the State Transport Undertaki...

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Commissioner of Income-Tax, Ahmedabad Vs. Karamchand Premchand Ltd., Ahmedabad [1960] INSC 94 (28 April 1960)

Judgement Date : 28 Apr 1960

Citation : 1960 Latest Caselaw 94 SC

Business Profits Tax Act, 1947

Headnote :

The assesses managed a limited company in what was then known as \"British India\" and also operated a pharmaceutical business in the Baroda State, which was an Indian State at that time. The business in British India generated profits that were subject to the Business Profits Tax Act, 1947, while t...

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M/S. Chandaji Kubaji & Co. Vs. The State of Andhra Pradesh [1960] INSC 95 (29 April 1960)

Judgement Date : 29 Apr 1960

Citation : 1960 Latest Caselaw 95 SC

Headnote :

The appellant company was engaged in the trade of ghee and groundnut oil, among other products. The Deputy Commercial Tax Officer assessed the company for sales tax for the fiscal year 1948-49 based on a turnover of approximately Rs. 28,69,151. For the subsequent year, 1949-50, the appellant was ass...

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Shrimant Dattaji Raobahirojirao Ghorpade Vs. Shrimant Vijayasinhrao & ANR [1960] INSC 96 (29 April 1960)

Judgement Date : 29 Apr 1960

Citation : 1960 Latest Caselaw 96 SC

Bombay Revenue Jurisdiction Act, 1876

Headnote :

Following the death of the estate holder in 1932, the Government of Bombay issued an order on June 7, 1932, to resume the Saranjam estate of Gajendragad and subsequently re-granted it to his eldest son. The same order also continued the assignment of certain lands from the estate to B, a younger fam...

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A. S. T. Arunachalam Pillai Vs. M/S. Southern Roadways (Private) Ltd. [1960] INSC 97 (29 April 1960)

Judgement Date : 29 Apr 1960

Citation : 1960 Latest Caselaw 97 SC

Delegation of Powers
Delegation of Powers
Motor Vehicles Act, 1939

Headnote :

The issue at hand in this appeal was whether the Regional Transport Officer, as per the Motor Vehicles Act, 1939, amended by the Madras State Legislature, had the authority to modify the terms of a stage carriage permit issued under that Act. The appellant, who held a stage carriage permit, submitte...

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