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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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Ganga Saran Vs. Ram Charan Ram Gopal [1951] INSC 51 (1 November 1951)

Judgement Date : 01 Nov 1951

Citation : 1951 Latest Caselaw 51 SC

Section 56. Agreement to do impossible act

Headnote :

The respondents agreed to deliver 61 bales of cloth to the appellant by 17th November 1941. The agreement stated, \"we shall continue sending the goods as soon as they are prepared to you up to Magsar Badi 15, Sambat 1998... We shall go on supplying goods to you from the Victoria Mills as soon as th...

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Commissioner Of Police, Bombay Vs. Gordhandas Bhanji [1951] INSC 52 (23 November 1951)

Judgement Date : 23 Nov 1951

Citation : 1951 Latest Caselaw 52 SC

Headnote :

The respondentâ€™s request to build a cinema on a site within the City of Bombay was initially rejected by the Commissioner of Police. The respondent then sought reconsideration, and on the advice of the Cinema Advisory Committee, the Commissioner granted permission on 16th July, 1947. However, the...

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Ram Kumar Das Vs. Jagadish Chandra Deb Dhabal Deb & ANR [1951] INSC 53 (26 November 1951)

Judgement Date : 26 Nov 1951

Citation : 1951 Latest Caselaw 53 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 107. TPA, Leases how made.
Section 116. TPA, Effect of holding over.

Headnote :

The rule of construction outlined in Section 106 of the Transfer of Property Act applies not only to express leases with an uncertain duration but also to leases that may be implied by law, inferred from possession, acceptance of rent, and other circumstances.The contract mentioned in this section d...

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Tikait Hargobind Prasad Singh Vs. Srimatya Phaldani Kumari [1951] INSC 54 (29 November 1951)

Judgement Date : 29 Nov 1951

Citation : 1951 Latest Caselaw 54 SC

Headnote :

Held by the Full Court: Among the Birbhum ghatwals, when the holder of a ghatwali passes away leaving a widow but no direct lineal descendants, the widow succeeds before the nearest male agnate, even if the family is a joint family.Per Mahajan and Bose JJ.: The Mitakshara rule, which states that pro...

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