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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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Makhan Singh Tarsikka Vs. The State of Punjab [1951] INSC 55 (10 December 1951)

Judgement Date : 10 Dec 1951

Citation : 1951 Latest Caselaw 55 SC

Preventive Detention Act, 1950

Headnote :

Regardless of the position under the Preventive Detention Act of 1950 before its amendment in 1951, the amended Act mandates that the government should only determine the duration of detention after the Advisory Board, to which the case is referred, reports that the detention is justified. Fixing th...

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Chinnathayi Alias Veeralakshmi Vs. Kulasekara Pandiya Naicker & ANR [1951] INSC 56 (14 December 1951)

Judgement Date : 14 Dec 1951

Citation : 1951 Latest Caselaw 56 SC

Headnote :

To establish that an impartible estate is no longer considered joint family property for succession purposes, there must be proof of an intention, either express or implied, on the part of the junior family members to relinquish their right to succeed to the estate. It is the plaintiff\'s responsibi...

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Bijjoy Chand Potra Vs. The State [1951] INSC 57 (14 December 1951)

Judgement Date : 14 Dec 1951

Citation : 1951 Latest Caselaw 57 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
IPC Section 328. Causing hurt by means of poison, etc., with intent to commit an offence

Headnote :

The appellant, who inflicted serious injuries on another, was initially charged under Section 307 of the Indian Penal Code. However, the jury returned a guilty verdict under Section 326 of the Penal Code, and the Sessions Judge, accepting this verdict, convicted the appellant under Section 326. It w...

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Annagouda Nathgouda Patil Vs. Court of Wards & ANR [1951] INSC 58 (17 December 1951)

Judgement Date : 17 Dec 1951

Citation : 1951 Latest Caselaw 58 SC

Headnote :

The Hindu Law of Inheritance (Amendment) Act (Act II of 1929) introduced the sonâ€™s daughter, daughterâ€™s daughter, sister, and sisterâ€™s son between the grandfather and the paternal uncle in the order of succession. However, this Act applies solely to the separate property of a Hindu male who di...

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Kidar Lall Seal & ANR Vs. Hari Lall Seal [1951] INSC 59 (18 December 1951)

Judgement Date : 18 Dec 1951

Citation : 1951 Latest Caselaw 59 SC

Section 105. TPA, Lease defined.
Section 43. Any one of joint promisors may be compelled to perform
Section 60. TPA, Right of mortgagor to redeem.
Section 82. TPA, Contribution to mortgage-debt.
Section 92. TPA, Subrogation.

Headnote :

The right to contribution between co-mortgagors is governed by Sections 82 and 92 of the Transfer of Property Act, not by Section 43 of the Indian Contract Act. Section 43 of the Contract Act deals with contracts in general, whereas Sections 82 and 92 of the Transfer of Property Act specifically add...

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Bhagat Singh Vs. The Stategurdev Singh [1951] INSC 60 (19 December 1951)

Judgement Date : 19 Dec 1951

Citation : 1951 Latest Caselaw 60 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder

Headnote :

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Rameshwar Vs. The State of Rajasthan [1951] INSC 61 (20 December 1951)

Judgement Date : 20 Dec 1951

Citation : 1951 Latest Caselaw 61 SC

Indian Penal Code, 1860 (IPC)
IPC Section 376. Punishment for rape

Headnote :

Omission of Oath and Competency of WitnessThe failure to administer an oath, even to an adult, affects the credibility of the witness but not their competency. Similarly, the omission by a court or authority to formally record that a child witness understands the duty of speaking the truth, despite...

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Surajpal Singh & Ors Vs. The State [1951] INSC 62 (20 December 1951)

Judgement Date : 20 Dec 1951

Citation : 1951 Latest Caselaw 62 SC

CrPC Section 417. Power to appoint place of imprisonment
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender

Headnote :

It is a well-established principle that, in an appeal under Section 417 of the Criminal Procedure Code, the High Court possesses full authority to review the evidence on which the acquittal was based. However, it is equally well-recognized that the presumption of the accused\'s innocence is further...

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P.D. Shamdasani Vs. Central Bank of India Ltd. [1951] INSC 63 (21 December 1951)

Judgement Date : 21 Dec 1951

Citation : 1951 Latest Caselaw 63 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Government of India Act, 1935

Headnote :

Article 19(1)(f) of the Constitution is designed to safeguard the freedom to acquire, hold, and dispose of property from State interference, except when the State exercises its legitimate power to regulate private rights in the public interest. Similarly, Article 31(1) provides protection against th...

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