Caselaw | Supreme Court Judgements of october 1961

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State of Saurashtra Vs. Jamadar Mohamad Abdulla & Ors [1961] INSC 293 (3 October 1961)

Judgement Date : 03 Oct 1961

Citation : 1961 Latest Caselaw 293 SC

Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

The State of Saurashtra Vs. Memon Haji Ismail Haji [1959] INSC 100 (4 August 1959)
Virendra Singh & Ors Vs. The State of Uttar Pradesh [1954] INSC 55 (29 April 1954)

Headnote :

The Nawab of Junagadh State granted properties to the respondents prior to 1947. Following India\'s independence, the Nawab fled the country. At the request of the Nawab\'s Council, the Government of India took control of the state\'s administration, and on November 9, 1947, the Regional Commissione...

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Suvvari Sanyasi Apparao & ANR Vs. Boddepalli Lakshminarayana & ANR [1961] INSC 294 (5 October 1961)

Judgement Date : 05 Oct 1961

Citation : 1961 Latest Caselaw 294 SC

Indian Penal Code, 1860 (IPC)
IPC Section 380. Theft in dwelling house, etc

Headnote :

On a complaint from an individual named L, the Magistrate found the two appellants guilty of an offense under section 380 of the Indian Penal Code for allegedly removing a printing press that was claimed to belong to L, which had been sold to him in 1955 by R, who was previously recognized as the ke...

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The First Additional Income-Tax Officer, Mysore Vs. H.N.S. Iyengar [1961] INSC 295 (5 October 1961)

Judgement Date : 05 Oct 1961

Citation : 1961 Latest Caselaw 295 SC

Headnote :

In 1956, a notice was issued to the respondent under section 34(1)(a) of the Indian Income-tax Act, requiring him to file a return on the basis that his income had not been assessed for the year ending March 31, 1949. The respondent argued that the notice under section 34 could not be served due to...

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The State of Bombay (Now Gujarat) Vs. Naraindas Mangilal Agarwal & ANR [1961] INSC 296 (6 October 1961)

Judgement Date : 06 Oct 1961

Citation : 1961 Latest Caselaw 296 SC

Bombay Prohibition Act, 1949

Headnote :

The respondents faced charges under sections 65(a) and 66(1)(b) of the Bombay Prohibition Act, 1949 for breaching sections 12 and 13 of the Act. The prosecution argued that the respondents transported bottles labeled as Mrugmadasav in their motor truck from the neighboring State of Bhopal into the S...

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Dhagamwar Narsingh Vs. S. S. Grewal [1961] INSC 297 (9 October 1961)

Judgement Date : 09 Oct 1961

Citation : 1961 Latest Caselaw 297 SC

Mines Rules, 1955

Headnote :

The appellant was appointed as the Chief Labour Officer by the Company in 1947. In December 1955, the Company terminated his employment. The appellant, asserting that he was a Welfare Officer, filed an appeal to the Chief Inspector of Mines under rule 74(2) of the Mines Rules, 1955.It was determined...

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Workmen of The Bombay Port Trust Vs. Trustees of Port of Bombay [1961] INSC 298 (10 October 1961)

Judgement Date : 10 Oct 1961

Citation : 1961 Latest Caselaw 298 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Minimum Wages Act of 1948 and the associated Minimum Wages Rules establish the principle that the government must ensure workers receive one day of rest for every seven days worked, along with provisions for compensation related to this. The current dispute between workers and employers involves...

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Jyoti Bhushan Gupta Vs. The Banaras Bank Ltd. [1961] INSC 299 (12 October 1961)

Judgement Date : 12 Oct 1961

Citation : 1961 Latest Caselaw 299 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Allahabad High Court has mandated the compulsory winding up of Banaras Bank Ltd.In its ruling under section 187 of the Indian Companies Act, 1913, the High Court instructed the appellants, whose names were included on the contributors\' list, to remit a specified amount to the official Liquidato...

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Radhakrishna Sivadutta Rai & Ors Vs. Tayeballi Dawoodbeai [1961] INSC 300 (13 October 1961)

Judgement Date : 13 Oct 1961

Citation : 1961 Latest Caselaw 300 SC

Headnote :

The appellant initiated a lawsuit against the respondent seeking damages for breach of contract. The respondent contended that the appellant acted as an agent for a disclosed principal and therefore lacked the standing to sue. The bought and sold notes provided by the brokers indicated that the appe...

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Promod Chandra Deb & Ors Vs. The State of Orissa & Ors [1961] INSC 301 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 301 SC

Constitution of India
Government of India Act, 1935
Gwalior
Indian Independence Act, 1947

The State of Saurashtra Vs. Memon Haji Ismail Haji [1959] INSC 100 (4 August 1959)

Headnote :

The petitioners, who held Khor Posh grants from the rulers of Talcher, Bamra, and Kalahandi prior to the merger of these states with the Dominion of India, contested the constitutional validity of certain orders issued by the State of Orissa and the Union of India that annulled these grants. The pet...

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Haji Sk. Subhan Vs. Madhorao [1961] INSC 302 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 302 SC

Code of Civil Procedure, 1908 (CPC)
Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.
Transfer of Property Act, 1882

Headnote :

The respondent acquired an eight anna share at a revenue auction sale and took formal possession of that share on September 23, 1938. He relinquished his share in Khudkasht lands, which were then recorded as the occupancy lands of his wife and sons. In 1940, the appellant obtained a lease for those...

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Harbans Singh & ANR Vs. State of Punjab [1961] INSC 303 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 303 SC

CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 392. Punishment for robbery

Ajmer Singh Vs. The State of Punjab [1952] INSC 73 (10 December 1952)

Headnote :

The High Court overturned the Trial Court\'s acquittal of the appellants and convicted them of murder under section 302 of the Indian Penal Code. In response to the appellants\' appeal for special leave, it was held that this Court has previously stressed that any interference with an acquittal shou...

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Ram Shankar Singh & Ors Vs. State of West Bengal [1961] INSC 304 (19 October 1961)

Judgement Date : 19 Oct 1961

Citation : 1961 Latest Caselaw 304 SC

CrPC Section 342. Power to order court
CrPC Section 374. Appeals from convictions
CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Ajmer Singh Vs. The State of Punjab [1952] INSC 73 (10 December 1952)

Headnote :

The appellants, along with two others, were tried by the Court of Session with a jury for rioting and inflicting fatal injuries on certain individuals. The jury unanimously found the appellants guilty. The Sessions Judge accepted this verdict and sentenced them to death, pending confirmation by the...

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The Municipal Committee, Raipur Vs. Phoolchand & Ors [1961] INSC 305 (20 October 1961)

Judgement Date : 20 Oct 1961

Citation : 1961 Latest Caselaw 305 SC

Headnote :

The respondents were engaged in the business of extracting oil from oil seeds. The appellant Municipality imposed an octroi duty of Rs. 4-11-0 percent ad valorem under item 44 of the goods schedule established by the Municipality\'s Rules. The respondents contended that they should be liable for oct...

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The Additional Income-Tax Officer, Salem Vs. E. Alfred [1961] INSC 306 (20 October 1961)

Judgement Date : 20 Oct 1961

Citation : 1961 Latest Caselaw 306 SC

Headnote :

A person passed away without a will during his accounting year, leaving behind his son A, the respondent, and eight daughters. Following a notice issued under section 22(2) of the Income Tax Act, A was assessed under section 24(2) of the Act, and a demand notice was sent under section 29. The respon...

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The Board of Trustees, Ayurvedic Andunani Tibia College, D Vs. The State of Delhi & ANR [1961] INSC 307 (23 October 1961)

Judgement Date : 23 Oct 1961

Citation : 1961 Latest Caselaw 307 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Societies Registration Act, 1860

Headnote :

The Board of Trustees of the Ayurvedic and Unani Tibbia College in Delhi was established under the Societies Registration Act, 1860. It operated Tibbia College, Delhi, along with an associated hostel, and managed the Hindustani Dawakhana. The Tibbia College Act of 1952, passed by the Delhi State Leg...

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Messrs. Burmah Construction Co. Vs. The State of Orissa & Ors [1961] INSC 308 (26 October 1961)

Judgement Date : 26 Oct 1961

Citation : 1961 Latest Caselaw 308 SC

Headnote :

The appellant, who had entered into works contracts, was assessed for sales tax for the quarters ending June 30, 1949, to March 31, 1954, and subsequently paid the tax. On August 9, 1954, the appellant submitted a writ petition to the High Court, seeking a declaration that the provisions of the Oris...

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L. Janakirama Iyer & Ors Vs. P. M. Nilakanta Iyer & Ors [1961] INSC 309 (26 October 1961)

Judgement Date : 26 Oct 1961

Citation : 1961 Latest Caselaw 309 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

These appeals stem from a representative lawsuit initiated on behalf of the creditors of defendants 1 to 6, who executed a trust deed on August 26, 1936. This deed transferred their properties to three trustees, granting them the authority to sell the properties and distribute the proceeds among the...

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Shankar Balaji Waje Vs. State of Maharashtra [1961] INSC 310 (27 October 1961)

Judgement Date : 27 Oct 1961

Citation : 1961 Latest Caselaw 310 SC

CrPC Section 438. Direction for grant of bail to person apprehending arrest
Factories Act, 1948

Chintaman Rao Vs. The State of Madhya Pradesh [1950] INSC 29 (8 November 1950)

Headnote :

The appellant owned a factory that produced bidis, and one laborer, referred to as P, along with others, rolled bidis using tobacco and leaves provided by the factory.The established facts were as follows: (1) There was no formal employment contract between the appellant and P. (2) P was not require...

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The Jiyajeerao Cotton Mills Ltd. Vs. State of Madhya Pradesh [1961] INSC 311 (31 October 1961)

Judgement Date : 31 Oct 1961

Citation : 1961 Latest Caselaw 311 SC

Constitution of India
Government of India Act, 1935
Gwalior

Headnote :

The appellant mill generated electricity exceeding 100 volts solely for its own use. It contested the imposition of electricity duty by the Government of Madhya Pradesh under the C. P. and Berar Electricity Act of 1949, as amended by Madhya Pradesh Act 7 of 1956. The mill argued, first, that a prope...

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Ramsaran Das And Bros. Vs. Commercial Tax Officer, Calcutta & Ors [1961] INSC 312 (31 October 1961)

Judgement Date : 31 Oct 1961

Citation : 1961 Latest Caselaw 312 SC

Constitution of India

Headnote :

The appellant firm, acting as a middleman primarily involved in the sale of coal and coke during inter-State trade, was assessed for Central sales tax under section 8(2) of the Central Sales Tax Act, 1956, by the Commercial Tax Officer. Instead of utilizing the remedies available under the Act, the...

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