Caselaw | Supreme Court Judgements of 1951

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Ramnandan Prasad Narayan Singh Vs. Mahanth Kapildeo Ram Jee & ANR [1951] INSC 1 (12 January 1951)

Judgement Date : 12 Jan 1951

Citation : 1951 Latest Caselaw 1 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

When a new document is executed for the remaining amount due on principal and interest under a previously advanced loan, and a suit is filed for recovery of the amount due under the new document, along with the interest specified in it, the \"amount of loan mentioned in, or evidenced by, such docume...

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Ramjilal Vs. Income-Tax Officer, Mohindargarh [1951] INSC 2 (12 January 1951)

Judgement Date : 12 Jan 1951

Citation : 1951 Latest Caselaw 2 SC

Constitution of India
Government of India Act, 1935

Headnote :

Section 3(1) of the Patiala and East Punjab States Union General Provisions (Administration) Ordinance (No. XVI of 2005), which came into effect on February 2, 1949, reenacted Section 3 of a previous Ordinance that had been in force since August 20, 1948. It stipulated that from the appointed day (i...

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Keshavan Madhava Menon Vs. The State of Bombay [1951] INSC 3 (22 January 1951)

Judgement Date : 22 Jan 1951

Citation : 1951 Latest Caselaw 3 SC

Constitution of India
General Clauses Act, 1897
Government of India Act, 1935

Headnote :

The Court (KANIA C.J., PATANJALI SASTRI, MEHR CHAND MAHAJAN, DAS, and CHANDRASEKHARA AIYAR JJ.--FAZL ALI and MUKHERJEA JJ., dissenting) held that Article 13(1) of the Indian Constitution does not render laws inconsistent with fundamental rights void from the outset. Instead, it only makes such laws...

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Tarapada De & Ors Vs. The State of West Bengal [1951] INSC 4 (25 January 1951)

Judgement Date : 25 Jan 1951

Citation : 1951 Latest Caselaw 4 SC

Bengal Criminal Law Amendment Act, 1930
Constitution of India
Preventive Detention Act, 1950

Headnote :

A large number of individuals were detained under the Bengal Criminal Law Amendment Act, 1930. The validity of this Act was being challenged in the High Court. Meanwhile, the Preventive Detention Act of 1950 was enacted on 26th February 1950, and detention orders under this new Act were served on th...

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

Judgement Date : 25 Jan 1951

Citation : 1951 Latest Caselaw 5 SC

Constitution of India
Preventive Detention Act, 1950

Headnote :

The respondent was arrested on April 21, 1950, under the Preventive Detention Act, 1950. On April 29, 1950, the grounds for his detention were provided, which stated: \"That you are engaged and are likely to be engaged in promoting acts of sabotage on railway and railway property in Greater Bombay.\...

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Rai Brij Raj Krishna & ANR Vs. S.K. Shaw and Brothers [1951] INSC 6 (2 February 1951)

Judgement Date : 02 Feb 1951

Citation : 1951 Latest Caselaw 6 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, grants the Controller the authority to determine whether rent has been unpaid, and if so, to order the eviction of the tenant. Consequently, even if the Controller makes an erroneous decision regarding the issue of rent...

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Fatma Haji All Mohammad Haji& Ors Vs. The State of Bombay [1951] INSC 7 (5 February 1951)

Judgement Date : 05 Feb 1951

Citation : 1951 Latest Caselaw 7 SC

Bombay Land Revenue Code, 1879
Code of Civil Procedure, 1908 (CPC)

Headnote :

Rule 92 of the rules under the Bombay Land Revenue Code, 1879, states that when land assessed solely for agricultural purposes is subsequently used for non-agricultural purposes, the assessment on such land must be altered by the Collector in accordance with sections 81 to 87, unless directed otherw...

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Badri Narain Jha & Ors Vs. Rameshwar Dayal Singh & Ors [1951] INSC 8 (5 February 1951)

Judgement Date : 05 Feb 1951

Citation : 1951 Latest Caselaw 8 SC

Headnote :

If a lessor acquires the entire interest of the lessee, the lease is extinguished by merger. However, no merger or extinction occurs if one of several joint holders of the mokarrari interest purchases a portion of the lakhraj interest.A partition among multiple mokarraridars does not alter the natur...

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Srinivas Ram Kumar Vs. Mahabir Prasad & Ors [1951] INSC 9 (9 February 1951)

Judgement Date : 09 Feb 1951

Citation : 1951 Latest Caselaw 9 SC

Headnote :

Although the court would typically not grant relief on a case that lacks foundation in the pleadings, and which the opposing party had no opportunity to address, when the alternative case the plaintiff could have made is admitted by the defendant in their written statement and explicitly presented a...

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Col. D.I.Mac Pherson Vs. M.N. Appanna & ANR [1951] INSC 10 (9 February 1951)

Judgement Date : 09 Feb 1951

Citation : 1951 Latest Caselaw 10 SC

Headnote :

Upon receiving an offer from A to purchase a house belonging to B, Y, who was overseeing the property, sent a cable to B stating that an offer of Rs. 6,000 had been made for the house. In response, B sent a cable on August 5, 1944, stating that he would not accept less than Rs. 10,000. Y communicate...

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Ujagar Singh Vs. The State of The Punjab [1951] INSC 11 (23 February 1951)

Judgement Date : 23 Feb 1951

Citation : 1951 Latest Caselaw 11 SC

Constitution of India

Headnote :

The absence of a specified period in a detention order made under Section 3 of the Preventive Detention Act, IV of 1950, is not a material omission that would render the order invalid, considering the provisions of clauses (4)(a) and (7)(a) of Article 22 of the Constitution and Section 12 of the Act...

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Chandrasingh Manibhai & Ors Vs. Surjit Lal Ladhamal Chhabda & Ors [1951] INSC 12 (23 February 1951)

Judgement Date : 23 Feb 1951

Citation : 1951 Latest Caselaw 12 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Transfer of Property Act, 1882

Headnote :

The Bombay Rents, Hotel and Lodging House Rates Control Act, LVII of 1947, which came into effect on February 13, 1948, does not apply to appeals that were pending when the Act was enacted. Its retrospective application is limited to the cases specified in Section 50 of the Act, which pertains to su...

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D. Stephens Vs. Nosibolla [1951] INSC 13 (2 March 1951)

Judgement Date : 02 Mar 1951

Citation : 1951 Latest Caselaw 13 SC

CrPC Section 439. Special powers of High Court or Court of Session regarding bail

Headnote :

The revisional jurisdiction granted to the High Court under Section 439 of the Code of Criminal Procedure should not be exercised lightly when invoked by a private complainant against an order of acquittal, especially when the Government has the right to appeal under Section 417. It should be used o...

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Arjan Singh Alias Puran Vs. Kartar Singh & Ors [1951] INSC 14 (2 March 1951)

Judgement Date : 02 Mar 1951

Citation : 1951 Latest Caselaw 14 SC

Punjab Laws Act, 1872
Punjab Laws Act, 1872

Headnote :

The discretion to admit additional evidence in an appeal is not arbitrary but is a judicial decision governed by the conditions outlined in Order XLI, Rule 27 of the Civil Procedure Code. If additional evidence is allowed contrary to the established principles for its admission, it would constitute...

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Santosh Kumar Jain Vs. The State Union of India [1951] INSC 15 (5 March 1951)

Judgement Date : 05 Mar 1951

Citation : 1951 Latest Caselaw 15 SC

Indian Penal Code, 1860 (IPC)
IPC Section 186. Obstructing public servant in discharge of public functions

Headnote :

Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, reads as follows:The Central Government may, as it deems necessary or expedient for maintaining or increasing supplies of essential commodities or for ensuring their fair distribution and availability at reasonable prices, issue a not...

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V. Ramaswami Ayyangar & Ors Vs. T.N.V. Kailasa Thevar [1951] INSC 16 (5 March 1951)

Judgement Date : 05 Mar 1951

Citation : 1951 Latest Caselaw 16 SC

Headnote :

Under the Madras Agriculturists\' Relief Act, 1938, a mortgage decree may be scaled down for certain judgment debtors, while it remains unaffected for others.In a case involving a mortgage executed by defendant No. 1 on his own behalf and on behalf of defendants Nos. 2 to 7, defendant No. 1 did not...

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Sree Sree Iswar Gopal Jieu Thakur Vs. Pratapmal Bagaria & Ors [1951] INSC 17 (14 March 1951)

Judgement Date : 14 Mar 1951

Citation : 1951 Latest Caselaw 17 SC

Headnote :

When the issue concerns whether a transaction was carried out due to legal necessity, and all the original parties involved, as well as those who could have provided relevant evidence, are no longer alive, a recital detailing the principal circumstances of the case gains significant importance and s...

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Janardan Reddy & Ors Vs. The State of Hyderabad & Ors [1951] INSC 18 (16 March 1951)

Judgement Date : 16 Mar 1951

Citation : 1951 Latest Caselaw 18 SC

Constitution of India
CrPC Section 430. Return of warrant on execution of sentence

Headnote :

There is a fundamental distinction between a lack of jurisdiction and the unlawful or improper exercise of jurisdiction. Noncompliance with procedural rules, such as misjoinder of charges, does not provide sufficient grounds for seeking a writ under Article 32 of the Constitution. Such defects, if p...

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Ram Dhan Lal & Ors Vs. Radhe Sham & Ors [1951] INSC 19 (19 March 1951)

Judgement Date : 19 Mar 1951

Citation : 1951 Latest Caselaw 19 SC

Headnote :

The custom of dhar dhura establishes that the deep stream or main channel of a river serves as the constant boundary between two or more villages, regardless of any changes in the riverâ€™s course. This custom is explicitly recognized in Section 2 of Regulation XI of 1825.Whether this custom applies...

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Ravula Hariprasada Rao Vs. The State [1951] INSC 20 (19 March 1951)

Judgement Date : 19 Mar 1951

Citation : 1951 Latest Caselaw 20 SC

Headnote :

Unless a statute explicitly or by necessary implication excludes mens rea as a component of an offense, an individual should not be found guilty of a criminal act without possessing a guilty mind.Clauses 22 and 25 of the Motor Spirit Rationing Order, 1941, when read alongside the Defence of India Ru...

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R.R. Chari Vs. The State of Uttar Pradesh [1951] INSC 21 (19 March 1951)

Judgement Date : 19 Mar 1951

Citation : 1951 Latest Caselaw 21 SC

Indian Penal Code, 1860 (IPC)

Headnote :

Under Section 3 of the Prevention of Corruption Act, 1947, offenses punishable under Sections 161 or 165 of the Indian Penal Code are classified as cognizable offenses under the Criminal Procedure Code, with the condition that police cannot investigate without the order of a first-class magistrate o...

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Raja Braja Sundar Deb Vs. Moni Behara & Ors [1951] INSC 22 (27 March 1951)

Judgement Date : 27 Mar 1951

Citation : 1951 Latest Caselaw 22 SC

Raja Braja Sundar Deb Vs. Moni Behara & Ors [1951] INSC 22 (27 March 1951)

Headnote :

A right exercised by the inhabitants of a village from time to time is neither tied to any estate in land nor capable of forming the subject of a grant, as there are no identifiable grantees.The doctrine of lost grant originated as a legal construct to establish title by prescription in cases where...

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State of Seraikella Vs. Union of India & ANR [1951] INSC 23 (6 April 1951)

Judgement Date : 06 Apr 1951

Citation : 1951 Latest Caselaw 23 SC

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

Headnote :

Article 374(2) of the Constitution of India stipulates that all suits, appeals, and proceedings pending before the Federal Court at the time the Constitution commenced shall be transferred to the Supreme Court, which shall have jurisdiction to hear and determine them.Article 363(1) provides that, no...

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Ram Singh Vs. The State of Delhi & ANR [1951] INSC 24 (6 April 1951)

Judgement Date : 06 Apr 1951

Citation : 1951 Latest Caselaw 24 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
Preventive Detention Act, 1950

Headnote :

The District Magistrate of Delhi, upon being \"satisfied that it was necessary to maintain public order in Delhi,\" ordered the detention of the petitioners under Section 3 of the Preventive Detention Act, 1950.The grounds for detention, as communicated to the petitioners, stated:â€œYour speeches in...

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The State of Madras Vs. Srimathi Champakam Dorairajan [1951] INSC 25 (9 April 1951)

Judgement Date : 09 Apr 1951

Citation : 1951 Latest Caselaw 25 SC

Constitution of India

Headnote :

In connection with admissions to Engineering and Medical Colleges in the State, the Province of Madras issued an order, popularly known as the \"Communal G.O.,\" which directed the selection committee to allocate seats strictly as follows: for every 14 seats, 6 were reserved for Non-Brahmin Hindus,...

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The United Commercial Bank Ltd. Vs. Their Workmen [1951] INSC 26 (9 April 1951)

Judgement Date : 09 Apr 1951

Citation : 1951 Latest Caselaw 26 SC

Industrial Disputes Act, 1947

Headnote :

The Central Government established an Industrial Tribunal under the Industrial Disputes Act, 1947, comprising A, B, and C 381 to resolve certain disputes, with the Tribunal\'s sessions beginning in September 1949. On November 23, 1949, C\'s services were reassigned to the Ministry of External Affair...

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Sukhdev Singh Vs. Maharaja Bahadur of Gidhaur [1951] INSC 27 (2 May 1951)

Judgement Date : 02 May 1951

Citation : 1951 Latest Caselaw 27 SC

Headnote :

Although there are instances where government ghatwalls were incorporated into the zemindaries of other individuals, in cases where there is insufficient evidence regarding the true nature of a ghatwali, the fact that the tenure is part of a zemindary and is included in the jama assessed on it shoul...

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Eastern Investments Ltd. Vs. Commissioner of Income-Tax, West Bengal [1951] INSC 28 (4 May 1951)

Judgement Date : 04 May 1951

Citation : 1951 Latest Caselaw 28 SC

Headnote :

A and giving A debentures with a face value of Rs. 50 lakhs, carrying an interest rate of 5% per annum. The Income-tax Appellate Tribunal and the High Court ruled that the interest on these debentures could not be deducted as business expenditure under Section 12(2) of the Income-tax Act. The key re...

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Kumar Pashupatinath Malia & ANR Vs. Deba Prosanna Mukherjee [1951] INSC 29 (4 May 1951)

Judgement Date : 04 May 1951

Citation : 1951 Latest Caselaw 29 SC

Bengal Money-Lenders Act, 1940
Code of Civil Procedure, 1908 (CPC)
Section 53. TPA, Fraudulent transfer.

Headnote :

A mortgage decree was passed in 1929 in a suit filed by the representatives of a sub-mortgagee, followed by a personal decree for the recovery of the remaining amount after the sale of the mortgaged property in 1935. In 1936, the decree-holder began executing the personal decree and attached certain...

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Bishundeo Narain & ANR Vs. Seogeni Rai And Jagernath [1951] INSC 30 (4 May 1951)

Judgement Date : 04 May 1951

Citation : 1951 Latest Caselaw 30 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

When a court has approved an agreement or compromise in a suit involving a minor, after ensuring that it benefits the minor, the resulting decree cannot be considered invalid or non-binding on the minor simply because the court\'s approval was not obtained by the next friend or guardian before they...

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S. Krishnan & Ors Vs. The State of Madras [1951] INSC 31 (7 May 1951)

Judgement Date : 07 May 1951

Citation : 1951 Latest Caselaw 31 SC

Preventive Detention Act, 1950

Headnote :

The Preventive Detention (Amendment) Act of 1951 extended the Preventive Detention Act of 1950 for another year, until April 1, 1952. It introduced two significant changes: (i) a requirement that a reference to an Advisory Board be made in all cases within six weeks (Section 9), and (ii) a provision...

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Bhagwati Prasad Sah & Ors Vs. Dulhin Rameshwari Juer & ANR [1951] INSC 32 (7 May 1951)

Judgement Date : 07 May 1951

Citation : 1951 Latest Caselaw 32 SC

Headnote :

While the general rule is that a Hindu family is presumed to be joint unless proven otherwise, if it is acknowledged that one coparcener separated from the family and had their share of the joint property partitioned, there is no presumption that the other coparceners remained joint. Similarly, ther...

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Mummareddi Nagi Reddi & Ors Vs. Pitti Durairaja Naidu & Ors [1951] INSC 33 (8 May 1951)

Judgement Date : 08 May 1951

Citation : 1951 Latest Caselaw 33 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

When a Hindu widow, who inherited her husband\'s estate, executed a deed described as a \"deed of release\" in favor of her daughter, who was the next reversioner, and the daughterâ€™s husband jointly:It was held that while Hindu law permits a widow to surrender the estate to the next reversioner, e...

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Karnani Industrial Bank, Limited Vs. The Province of Bengal & Ors [1951] INSC 34 (14 May 1951)

Judgement Date : 14 May 1951

Citation : 1951 Latest Caselaw 34 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 116. TPA, Effect of holding over.

Headnote :

The provision for the acceptance of rent under section 116 of the Transfer of Property Act indicates that the payment of rent must occur in such a manner and at such a time that it reflects the landlord\'s consent to the lessee continuing in possession. If the rent is paid at a time when there is no...

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Re: The Delhi Laws Act, 1912, The Ajmer-Merwara [1951] INSC 35 (23 May 1951)

Judgement Date : 23 May 1951

Citation : 1951 Latest Caselaw 35 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 445. Deposit instead of recognizance
Delegation of Powers
Delegation of Powers
Delhi Laws Act, 1912
Foreign Jurisdiction Act, 1947
Government of India Act, 1935
Indian Independence Act, 1947
Petroleum Act, 1934
Scheduled Districts Act, 1874

Headnote :

Section 7 of the Delhi Laws Act, 1912 allowed the Provincial Government to extend any enactment in force in any part of British India to the Province of Delhi, with any restrictions or modifications it deemed necessary. Similarly, Section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947 granted...

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Manohar Lal Vs. The State [1951] INSC 36 (23 May 1951)

Judgement Date : 23 May 1951

Citation : 1951 Latest Caselaw 36 SC

Constitution of India
Government of India Act, 1935

Headnote :

Section 7(1) of the Punjab Trade Employees Act, 1940, as amended in 1943, stipulated that, \"unless otherwise provided by this Act, every shop shall remain closed on a close day.\" Subsection (2)(i) further stated, \"The choice of a close day shall rest with the owner or occupier of the shop... and...

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Logendranath Jha & Ors Vs. Shri Polailal Biswas [1951] INSC 37 (24 May 1951)

Judgement Date : 24 May 1951

Citation : 1951 Latest Caselaw 37 SC

CrPC Section 417. Power to appoint place of imprisonment
CrPC Section 439. Special powers of High Court or Court of Session regarding bail

Headnote :

Although Section 439(1) of the Criminal Procedure Code grants the High Court discretionary authority to exercise any of the powers vested in an appellate court under Section 423, Section 439(4) explicitly excludes the power to \"convert a finding of acquittal into one of conviction.\" This does not...

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The State of Bombay & ANR Vs. F.N. Balsara [1951] INSC 38 (25 May 1951)

Judgement Date : 25 May 1951

Citation : 1951 Latest Caselaw 38 SC

Bengal Money-Lenders Act, 1940
Bihar and Orissa Excise Act, 1915
Bombay Prohibition Act, 1949
Constitution of India
Government of India Act, 1935
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914
Punjab Excise Act, 1914

Headnote :

Under Entry 31 of List II in the Seventh Schedule of the Government of India Act, 1935, the Provincial Legislatures had the authority to legislate regarding \"intoxicating liquors,\" which included the production, manufacture, possession, transport, purchase, and sale of such liquors. Meanwhile, Ent...

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Tara Singh Vs. The State [1951] INSC39 (1 June 1951)

Judgement Date : 01 Jun 1951

Citation : 1951 Latest Caselaw 39 SC

Indian Evidence Act, 1872

Headnote :

When a police officer\'s report to the Magistrate complies with the requirements of Section 173(1) of the Criminal Procedure Code, the Magistrate is authorized to take cognizance of the case under Section 190(1)(b) of the Code. The submission of a second challan later does not automatically invalida...

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Commissioner of Excess Profits Tax, Bombay City Vs. Sri Lakshmi Silk Mills Ltd. [1951] INSC 40 (18 September 1951)

Judgement Date : 18 Sep 1951

Citation : 1951 Latest Caselaw 40 SC

Headnote :

The respondent, a company established to manufacture silk cloth, installed a plant for dyeing silk yarn as part of its business operations. During the chargeable accounting period (from January 1, 1943, to December 31, 1943), due to difficulties in procuring silk yarn because of the war, the plant r...

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Harla Vs. The State Of Rajasthan [1951] INSC 41 (24 September 1951)

Judgement Date : 24 Sep 1951

Citation : 1951 Latest Caselaw 41 SC

Headnote :

Natural justice dictates that before a law can be effective, it must be formally promulgated or published. It must be made publicly known in a clear manner, so that everyone can be informed about it; or there must be a specific rule, regulation, or customary method through which such knowledge can b...

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Commissioner of Income Tax, Bombay Vs. Finlay Mills Ltd. [1951] INSC 42 (1 October 1951)

Judgement Date : 01 Oct 1951

Citation : 1951 Latest Caselaw 42 SC

Headnote :

The expenditure incurred by a company engaged in the manufacture and sale of textile goods for the registration of its trademarks, which were not in use before January 25, 1937, is considered a revenue expenditure and is eligible for deduction under Section 10(2)(xv) of the Indian Income-tax Act. Th...

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Joylal Agarwala Vs. The State Union of India [1951] INSC 43 (4 October 1951)

Judgement Date : 04 Oct 1951

Citation : 1951 Latest Caselaw 43 SC

Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

The Essential Supplies (Temporary Powers) Act (XXIV of 1946) came into force on November 19, 1946. By a notification dated December 14, 1946, under Section 92(1) of the Government of India Act, 1935, the Governor of Bengal directed that the Act should apply to the District of Darjeeling, which was a...

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Bhim Sen For R.S. Malik Mathra Das Vs. The State of Punjab union of India [1951] INSC 44 (4 October 1951)

Judgement Date : 04 Oct 1951

Citation : 1951 Latest Caselaw 44 SC

Constitution of India

Headnote :

An order of detention made to prevent black-marketing cannot be deemed illegal simply because the grounds for detention refer only to the past actions of the person detained. Past activities may lead the detaining authority to form a subjective conviction that detention is necessary to prevent futur...

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Sri Sankari Prasad Singh Deo Vs. Union of India and State of Bihar [1951] INSC 45 (5 October 1951)

Judgement Date : 05 Oct 1951

Citation : 1951 Latest Caselaw 45 SC

Constitution of India
Government of India Act, 1935

Headnote :

The Constitution (First Amendment) Act, 1951, which introduced Articles 31A and 31B to the Constitution of India, is neither ultra vires nor unconstitutional.The Provisional Parliament has the authority to amend the Constitution under Article 368. The fact that Article 368 separately refers to the t...

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Collector of Bombay Vs. Municipal Corporation of The City of Bombay & Ors [1951] INSC 46 (5 October 1951)

Judgement Date : 05 Oct 1951

Citation : 1951 Latest Caselaw 46 SC

Headnote :

In 1865, the Government of Bombay instructed the predecessor of the Corporation of Bombay to relocate some markets from a particular site and vacate the area. Upon the request of the Municipal Commissioner at the time, the Government passed a resolution approving and authorizing the allocation of a...

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Sant Lal Mahton Vs. Kamala Prasad [1951] INSC 47 (17 October 1951)

Judgement Date : 17 Oct 1951

Citation : 1951 Latest Caselaw 47 SC

Headnote :

Section 20 of the Limitation Act mandates that payment must be made before the limitation period expires, but it does not stipulate that the acknowledgment of the payment must also occur within that time frame. However, it is crucial that such acknowledgment, whether made before or after the limitat...

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The State of Orissa Vs. Madan Gopal Rungta [1951] INSC 48 (25 October 1951)

Judgement Date : 25 Oct 1951

Citation : 1951 Latest Caselaw 48 SC

Constitution of India

Headnote :

The High Court cannot issue a direction under Article 226 of the Constitution solely for the purpose of granting interim relief before a suit is filed, simply because the suit could not be initiated within 60 days from the date of a notice under Section 80 of the Civil Procedure Code. This is true e...

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Thakur Rudreshwari Prasad Sinha Vs. Srimati Rani Probhabhati & Ors [1951] INSC 49 (26 October 1951)

Judgement Date : 26 Oct 1951

Citation : 1951 Latest Caselaw 49 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Taluk Kakwara originally began as a Zemindari Ghatwali tenure and remained so, being treated as such ever since. Even if, by virtue of Captain Browne\'s Sanad, it became a Government Ghatwali tenure, it later reverted to a Zemindari Ghatwali under the Sanad of Raja Kadir Ali or after the Permanent S...

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Anderson Wright Ltd. Vs. Moran and Company [1951] INSC 50 (1 November 1951)

Judgement Date : 01 Nov 1951

Citation : 1951 Latest Caselaw 50 SC

Headnote :

It was held that for a stay to be granted under Section 34 of the Indian Arbitration Act, 1940, the following conditions must be met:(1) The proceeding must have been initiated by a party to an arbitration agreement against another party to the same agreement;(2) The legal proceeding that is being s...

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