Caselaw | Supreme Court Judgements of 1952

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The State of West Bengal Vs. Anwar All Sarkarhabib Mohamed, The State of Hyderabad [1952] INSC 1 (11 January 1952)

Judgement Date : 11 Jan 1952

Citation : 1952 Latest Caselaw 1 SC

Constitution of India
Delhi Laws Act, 1912
Indian Penal Code, 1860 (IPC)

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

Headnote :

The West Bengal Special Courts Act, 1950 (Act X of 1950), was introduced with the stated purpose of ensuring the speedier trial of certain offences, as reflected in the preamble and title of the Act. Section 3 empowered the State Government to establish Special Courts via official notification, whil...

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N.P. Ponnuswami Vs. Returning Officer, Namakkal Constituency & Ors [1952] INSC 2 (21 January 1952)

Judgement Date : 21 Jan 1952

Citation : 1952 Latest Caselaw 2 SC

Constitution of India
Government of India Act, 1935
Representation of the People Act, 1951

Headnote :

Article 329(b) of the Constitution of India states that \"no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called into question except by an election petition presented to such authority and in such manner as may be provided for, by or...

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Hanumant Vs. The State of Madhya Pradesh Raojibhai the State of Madhya Pradesh [1952] INSC 3 (23 January 1952)

Judgement Date : 23 Feb 1952

Citation : 1952 Latest Caselaw 3 SC

Constitution of India

Headnote :

When dealing with circumstantial evidence, there is always a risk that conjecture or suspicion might replace proper legal proof. Therefore, in cases based on circumstantial evidence, it is crucial to ensure that the circumstances leading to a conclusion of guilt are first fully established. These fa...

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Naranjan Sigh Nathawan Vs. The State of Punjab [1952] INSC 4 (25 January 1952)

Judgement Date : 25 Jan 1952

Citation : 1952 Latest Caselaw 4 SC

Headnote :

In the absence of bad faith, a detaining authority may revoke an earlier detention order that has been challenged on merely formal grounds and issue a new order that is free from defects and fully complies with the legal requirements. Any allegation of bad faith, if raised, must be evaluated based o...

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Shrimant Sardar Bhujangaraodaulatrao Ghorpade Vs. Shrimant Malojirao Daulatraoghorpade & Ors [1952] INSC 5 (30 January 1952)

Judgement Date : 30 Jan 1952

Citation : 1952 Latest Caselaw 5 SC

Bombay Revenue Jurisdiction Act, 1876

Headnote :

The Gajendragad estate, recognized as a saranjam by the British Government and declared partible by the Bombay High Court in 1868, was reassessed in 1891. The Government issued a resolution affirming that the entire estate was a hereditary saranjam, transferable to all legitimate male descendants of...

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W.H. King Vs. Republic of India & ANR [1952] INSC 6 (1 February 1952)

Judgement Date : 01 Feb 1952

Citation : 1952 Latest Caselaw 6 SC

Headnote :

Section 19(1) of the Bombay Rents, Hotel, and Lodging House Rates Control Act, 1947 (Act LVII of 1947), states that it is unlawful for a tenant or any person acting on their behalf to demand or accept any payment or consideration as a condition for relinquishing tenancy rights to any premises. Secti...

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Bathina Ramakrishna Reddy Vs. The State of Madras [1952] INSC 7 (14 February 1952)

Judgement Date : 14 Feb 1952

Citation : 1952 Latest Caselaw 7 SC

CrPC Section 480. Practising pleader not to sit as Magistrate in certain courts
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)
IPC Section 480. Using a false trade mark
IPC Section 499. Defamation

Headnote :

Sub-section (3) of Section 2 of the Contempt of Courts Act, 1926, limits the High Court\'s jurisdiction to address contempt allegations concerning subordinate courts only when the acts in question are punishable as contempt under specific provisions of the Indian Penal Code. However, this limitation...

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Kashinath Bhaskar Datar Vs. Bhaskar Vishweshwar Karve [1952] INSC 8 (22 February 1952)

Judgement Date : 22 Feb 1952

Citation : 1952 Latest Caselaw 8 SC

Section 53A. TPA Part performance.

Headnote :

A suit was filed to recover money based on two mortgages. The defendant contested the claim, asserting that the mortgages had been satisfied through an agreement executed by the assignor of the mortgages in favor of the defendant. The agreement, however, was not registered. The primary issues for co...

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Ruby General Insurance Co. Ltd. Vs. Pearey Lal Kumar & ANR [1952] INSC 9 (25 February 1952)

Judgement Date : 25 Feb 1952

Citation : 1952 Latest Caselaw 9 SC

Headnote :

The appellant company insured a car owned by respondent No. 1 and issued a policy containing, among other terms, the following clause: \"All differences arising out of this policy shall be referred to the decision of an arbitrator appointed by the parties... If the company disclaims liability for an...

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Mohammad Yasin Vs. The Town Area Committee, Jalalabad & ANR [1952] INSC 10 (27 February 1952)

Judgement Date : 27 Feb 1952

Citation : 1952 Latest Caselaw 10 SC

Constitution of India

Headnote :

There is a fundamental distinction between a tax, such as income tax, and a license fee imposed for conducting an occupation, trade, or business. A license fee not only involves the expropriation of the licensee\'s property but also acts as a restriction on their fundamental right to carry on a busi...

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Kathi Raning Rawat Vs. The State of Saurashtra [1952] INSC 11 (27 February 1952)

Judgement Date : 27 Feb 1952

Citation : 1952 Latest Caselaw 11 SC

Constitution of India
CrPC Section 5. Saving
Delhi Laws Act, 1912
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 392. Punishment for robbery

Headnote :

The Saurashtra State Public Safety Measures Ordinance, 1948, was enacted \"to ensure public safety, maintain public order, and preserve peace and tranquillity in the State of Saurashtra.\" Due to a rise in violent crimes, such as dacoity and murder, the Ordinance was amended by the Saurashtra State...

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Kashmira Singh Vs. State of Madhya Pradesh [1952] INSC 12 (4 March 1952)

Judgement Date : 04 Mar 1952

Citation : 1952 Latest Caselaw 12 SC

Indian Penal Code, 1860 (IPC)

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

Headnote :

A confession made by an accused implicating a co-accused does not qualify as evidence in the conventional sense under Section 3 of the Indian Evidence Act. This is because such confessions are neither given under oath, nor in the presence of the co-accused, and cannot be tested through cross-examina...

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Pannalal & ANR Vs. Mst. Naraini & Ors [1952] INSC 13 (7 March 1952)

Judgement Date : 07 Mar 1952

Citation : 1952 Latest Caselaw 13 SC

Headnote :

B, acting as the manager of a joint Hindu family comprising himself and his sons, executed a mortgage deed in favor of the plaintiff, hypothecating certain movables as security for a loan. Subsequently, the sons obtained a partition decree against their father, resulting in the division of joint fam...

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Mahant Pragdasji Guru Bhagwandasji Vs. Patel Ishwarlalbhai Narsibhai & Ors [1952] INSC 14 (7 March 1952)

Judgement Date : 07 Mar 1952

Citation : 1952 Latest Caselaw 14 SC

Headnote :

In a suit filed under Section 92 of the Civil Procedure Code, the plaintiffs alleged that the defendant, as Mahant, had committed misconduct and breach of trust. They sought, among other reliefs, a declaration that the temple and properties in question constituted a religious and charitable trust, t...

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Veerappa Pillai Vs. Raman & Raman Ltd. & Ors [1952] INSC 15 (17 March 1952)

Judgement Date : 17 Mar 1952

Citation : 1952 Latest Caselaw 15 SC

Constitution of India

Headnote :

The writs mentioned in Article 226 are designed to empower the High Court to intervene in serious cases where subordinate tribunals, bodies, or officers act entirely without jurisdiction, exceed their jurisdiction, violate principles of natural justice, fail to exercise jurisdiction vested in them,...

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Amjad Khan Vs. The State [1952] INSC 16 (20 March 1952)

Judgement Date : 20 Mar 1952

Citation : 1952 Latest Caselaw 16 SC

Indian Penal Code, 1860 (IPC)
IPC Section 105. Commencement and continuance of the right of private defence of property
IPC Section 97. Right of private defence of the body and of property

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Lachman Singh & Ors Vs. The State [1952] INSC 17 (21 March 1952)

Judgement Date : 21 Mar 1952

Citation : 1952 Latest Caselaw 17 SC

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

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Dattatreya Moreshwar Pangarkar Vs. The State of Bombay & Ors [1952] INSC 18 (27 March 1952)

Judgement Date : 27 Mar 1952

Citation : 1952 Latest Caselaw 18 SC

Constitution of India
General Clauses Act, 1897
Government of India Act, 1935
Preventive Detention Act, 1950

Headnote :

Section 11(1) of the Preventive Detention Act, 1950, states that â€œif the Advisory Board reports that, in its opinion, there is sufficient cause for the detention of a person, the appropriate government may confirm the detention order and continue the detention for such period as it deems fit.â€ T...

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State of Madras Vs. V.G. Row.Union of India [1952] INSC 19 (31 March 1952)

Judgement Date : 31 Mar 1952

Citation : 1952 Latest Caselaw 19 SC

Constitution of India

Headnote :

Section 15(2)(b) of the Indian Criminal Law Amendment Act, 1908, as amended by the Indian Criminal Law Amendment (Madras) Act, 1950, defined an \"unlawful association\" as an association that \"has been declared by the State, through a notification in the Official Gazette, to be unlawful on the grou...

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Raja Bhupendra Narain Singha Bahadur Vs. Maharaj Bahadur Singh & Ors [1952] INSC 20 (2 April 1952)

Judgement Date : 20 Apr 1952

Citation : 1952 Latest Caselaw 20 SC

Headnote :

When a patnidar has obtained a decree against his zemindar for possession of resumed chaukidari chakran lands, along with mesne profits from the date the zemindar wrongfully took possession, the zemindar cannot offset amounts due to him for rent, revenue, and cesses from a period after the delivery...

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Parry & Co. Ltd. Vs. Commercial Employees' Association, Madras [1952] INSC 21 (10 April 1952)

Judgement Date : 10 Apr 1952

Citation : 1952 Latest Caselaw 21 SC

Headnote :

The High Court cannot issue a writ of certiorari to annul a decision made by a Labour Commissioner under the Madras Shops and Establishments Act, 1947, solely on the grounds of the decision being erroneous. According to section 51 of the Madras Shops and Establishments Act, 1947, the Labour Commissi...

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Mahabir Gope & Ors Vs. Harbans Narain Singh & Ors [1952] INSC 22 (14 April 1952)

Judgement Date : 14 Apr 1952

Citation : 1952 Latest Caselaw 22 SC

Section 83. TPA, Power to deposit in Court money due on mortgage.

Headnote :

As a general principle, an individual cannot transfer or grant a better title to another than they themselves possess. Consequently, a mortgagee cannot create an interest in the mortgaged property that extends beyond the end of their own interest as a mortgagee. Additionally, during the mortgage per...

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Musammat Phool Kuer Vs. Musammat Pem Kuer & ANR [1952] INSC 23 (24 April 1952)

Judgement Date : 24 Apr 1952

Citation : 1952 Latest Caselaw 23 SC

Section 41. TPA,Transfer by ostensible owner.

Headnote :

A Hindu widow\'s relinquishment of her estate in favor of both the next reversioner and a stranger in equal shares does not constitute a valid surrender under Hindu law. A valid surrender can only be made in favor of the husband\'s next heir. This principle is supported by the case of Mummareddi Nag...

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Joshi Girjadharji & ANR Vs. Lachmanji Panth & Ors [1952] INSC 24 (25 April 1952)

Judgement Date : 25 Apr 1952

Citation : 1952 Latest Caselaw 24 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A mortgage was executed by multiple parties on July 28, 1931. The mortgage term of six years ended in July 1937, and the mortgagees filed a suit in May 1938, which resulted in a decree being passed in March 1939. On April 11, 1942, an application for relief under the U.P. Debt Redemption Act (XIII o...

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Bhagwan Singh Vs. The State Of Punjab [1952] INSC 25 (30 April 1952)

Judgement Date : 30 Apr 1952

Citation : 1952 Latest Caselaw 25 SC

CrPC Section 107. Security for keeping the peace in other cases
CrPC Section 288. Return of commissions
CrPC Section 342. Power to order court
CrPC Section 360. Order to release on probation of good conduct or after admonition

Headnote :

The Sessions Court has the authority to examine witnesses who were not examined by the Committing Magistrate, as per Section 540 of the Criminal Procedure Code. If a witness is treated as a prosecution witness and examined by the prosecuting counsel instead of by the court, this would, at most, be a...

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Gurbachan Singh Vs. The State of Bombay & ANR [1952] INSC 26 (7 May 1952)

Judgement Date : 07 May 1952

Citation : 1952 Latest Caselaw 26 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Section 27(1) of the City of Bombay Police Act, 1902, does not violate the provisions of Article 19 of the Constitution because it was enacted for the benefit of the general public. Given the nature of the cases this subsection addresses and the threat an externment order seeks to prevent, the restr...

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Nar Hari Sastri & Ors Vs. Shri Badrinath Temple Committee [1952] INSC 27 (9 May 1952)

Judgement Date : 09 May 1952

Citation : 1952 Latest Caselaw 27 SC

Headnote :

The right of the Deoprayagi Pandas to enter the Badrinath Temple alongside their Yajmans is not a conditional or discretionary right subject to the arbitrary judgment of the temple authorities. It is a legitimate legal right, but it can only be exercised within the confines of any reasonable restric...

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Gur Narain Das & ANR Vs. Gur Tahal Das & Ors [1952] INSC 28 (16 May 1952)

Judgement Date : 16 May 1952

Citation : 1952 Latest Caselaw 28 SC

Headnote :

Under Hindu law, while an illegitimate son of a Sudra cannot claim a partition during his fatherâ€™s lifetime, he has the right to demand a partition after the fatherâ€™s death, provided the father was separate from his collaterals and left behind separate property as well as legitimate sons.

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Thakur Gokalchand Vs. Parvin Kumari [1952] INSC 29 (16 May 1952)

Judgement Date : 16 May 1952

Citation : 1952 Latest Caselaw 29 SC

Code of Civil Procedure, 1908 (CPC)
Punjab Laws Act, 1872
Punjab Laws Act, 1872

Headnote :

The plaintiff, a Rajput from Tehsil Garhshankar in the Hoshiarpur District (Punjab), filed a lawsuit against the defendant to recover properties belonging to a deceased Gurkha woman, R. These properties were acquired by R through a gift from a stranger. The plaintiff claimed to be the lawful husband...

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Lachmandas Kewalram Ahuja & ANR Vs. The State of Bombay [1952] INSC 30 (20 May 1952)

Judgement Date : 20 May 1952

Citation : 1952 Latest Caselaw 30 SC

Constitution of India
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 84. Act of a person of unsound mind

Headnote :

Held, per Mahajan, Mukherjee, Das, and Chandrasekhara Aiyar, JJ. (Patanjali Sastri C.J. dissenting) â€“ Section 12 of the Bombay Public Safety Measures Act, 1947, to the extent that it allows the Government to direct specific \"cases\" to be tried by a Special Judge appointed under the Act, does not...

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The Union of India Vs. Hira Devi & ANR [1952] INSC 31 (21 May 1952)

Judgement Date : 21 May 1952

Citation : 1952 Latest Caselaw 31 SC

Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920

Headnote :

A receiver cannot be appointed to execute a decree regarding a compulsory deposit in a Provident Fund that is owed to the judgment debtor. While there may have been some uncertainty under the earlier 1897 Act, the definition of \"compulsory deposit\" in Section 2(a) of the Provident Funds Act (XIX o...

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D.K. Nabhirajiah Vs. The State of Mysore & Ors [1952] INSC 32 (26 May 1952)

Judgement Date : 26 May 1952

Citation : 1952 Latest Caselaw 32 SC

Constitution of India

Headnote :

The petitioner owned a house in Bangalore City that became vacant on September 1, 1949. On September 13, 1949, the Rent Controller issued an order under the Mysore House Rent and Accommodation Control Order, 1948, allotting the house to another individual and instructing the petitioner to surrender...

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Ebrahim Aboobakar & ANR Vs. Custodian General of Evacuee Property [1952] INSC 33 (26 May 1952)

Judgement Date : 26 May 1952

Citation : 1952 Latest Caselaw 33 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A writ of certiorari cannot be granted to annul the decision of an inferior court within its jurisdiction simply because the decision is incorrect. Before such a writ is issued, it must be demonstrated that the authority that passed the order acted without jurisdiction, exceeded its jurisdiction, or...

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Shamarao Vs. Parulekar Vs. The District Magistrate, Thana, Bombay & Ors [1952] INSC 34 (26 May 1952)

Judgement Date : 26 May 1952

Citation : 1952 Latest Caselaw 34 SC

Preventive Detention Act, 1950

Headnote :

On November 15, 1951, an order was issued for the petitionerâ€™s detention under the Preventive Detention Act of 1950, as amended by the Amending Act of 1951. This amendment extended the duration of the original Act until April 1, 1952. The Preventive Detention (Amendment) Act of 1952 further extend...

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The State of Bombay Vs. Purushottam Jog Naik [1952] INSC 35 (26 May 1952)

Judgement Date : 26 May 1952

Citation : 1952 Latest Caselaw 35 SC

Constitution of India
Preventive Detention Act, 1950

Headnote :

The key section of a detention order made under Section 3 of the Preventive Detention Act of 1950 read as follows: 675 \"Whereas the Government of Bombay is satisfied with respect to the individual known as J. N. ....... that in order to prevent him from engaging in actions detrimental to public ord...

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The State of Bihar Vs. Shailabala Devi [1952] INSC 36 (26 May 1952)

Judgement Date : 26 May 1952

Citation : 1952 Latest Caselaw 36 SC

Constitution of India

Headnote :

Section 4(1)(a) of the Indian Press (Emergency Powers) Act (XXIII of 1931) is not unconstitutional because the restrictions it places on freedom of speech and expression are specifically aimed at preventing actions that could undermine or overthrow the security of the State. These restrictions fall...

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Raja Suriya Pal Singh Vs. The State of U.P. & ANR [1952] INSC 37 (27 May 1952)

Judgement Date : 27 May 1952

Citation : 1952 Latest Caselaw 37 SC

Constitution of India
Government of India Act, 1935
Land Improvement Loans Act, 1883
Land Improvement Loans Act, 1883
Land Improvement Loans Act, 1883

Headnote :

Held by the Full Court (PATANJALI SASTRI C.J., MAHAJAN, MUKHERJEA, DAS, and CHANDRASEKHARA AIYAR JJ.): The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, is entirely valid. The court\'s jurisdiction to challenge its validity on the grounds that it does not provide for compensation is...

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Visweshwar Rao Vs. The State of Madhya Pradesh [1952] INSC 38 (27 May 1952)

Judgement Date : 27 May 1952

Citation : 1952 Latest Caselaw 38 SC

Bihar Land Reforms Act, 1950
Constitution of India
Government of India Act, 1935

Headnote :

Held by the Full Court (PATANJALI SASTRI C.J., MAHAJAN, MUKHERJEA, DAS, and CHANDRASEKHARA AIYAR JJ.)--The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act (1 of 1951) is entirely valid. In light of Articles 31(4), 31-A, and 31-B of the Constitution, the court la...

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The State of Bihar Vs. Maharajadhiraja Sir Kameshwar Singhof Darbhanga & Ors [1952] INSC 39 (27 May 1952)

Judgement Date : 27 May 1952

Citation : 1952 Latest Caselaw 39 SC

Bihar Land Reforms Act, 1950
Constitution of India
Government of India Act, 1935
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

Held per Curiam (MAHAJAN, MUKHERJEA, and CHANDRASEKHARA AIYAR JJ.)--The Bihar Land Reforms Act, XXX of 1950, is not unconstitutional or void except with respect to the provisions in Section 4(b) and Section 23(f). The provisions of Section 4(b) and Section 23(f) are unconstitutional. Per PATANJALI...

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The State of Bombay Vs. Virkumar Gulabchand Shah [1952] INSC 40 (27 May 1952)

Judgement Date : 27 May 1952

Citation : 1952 Latest Caselaw 40 SC

Headnote :

The term \"foodstuff\" is ambiguous. It can be understood in a narrow sense to refer only to items consumed as food for nutrition and sustenance, thus excluding items like condiments and spices such as yeast, salt, pepper, baking powder, and turmeric. Alternatively, it may be interpreted in a broad...

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Makhan Singh Vs. State of Punjab [1952] Insc 41 (2 September 1952)

Judgement Date : 02 Sep 1952

Citation : 1952 Latest Caselaw 41 SC

Constitution of India
Defence of India Act, 1962
Delhi Laws Act, 1912
Preventive Detention Act, 1950

Headnote :

The appellants were detained under Rule 30(1) of the Defence of India Rules, enacted by the Central Government under Section 3 of the Defence of India Ordinance, 1962. They approached the Punjab and Bombay High Courts under Section 491(1)(b) of the Code of Criminal Procedure, arguing that Sections...

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State of Travancore-Cochin & Ors Vs. The Bombay Co. Ltd. [1952] INSC 42 (16 October 1952)

Judgement Date : 16 Oct 1952

Citation : 1952 Latest Caselaw 42 SC

Constitution of India

Headnote :

\"Regardless of what may or may not fall within Article 286(1)(b) of the Constitution, transactions involving sales and purchases that directly result in the export or import of goods into or out of India are covered by the exemption.The interpretation that no sale or purchase can be considered to...

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Shrimati Hira Devi & Ors Vs. District Board, Shahjahanpur [1952] INSC 43 (20 October 1952)

Judgement Date : 20 Oct 1952

Citation : 1952 Latest Caselaw 43 SC

Headnote :

\"Section 71 of the U.P. District Boards Act, 1922, as amended in 1933, stipulated that a resolution passed by the Board to dismiss its secretary would not take effect until one month had passed, or until the State Government had issued orders following any appeal made by the secretary. A District...

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Palvinder Kaur Vs. The State of Punjab(Rup Singh-Caveator) [1952] INSC 44 (22 October 1952)

Judgement Date : 22 Oct 1952

Citation : 1952 Latest Caselaw 44 SC

Indian Penal Code, 1860 (IPC)
IPC Section 201. Causing disappearance of evidence of offence, or giving false information to screen offender
IPC Section 302. Punishment for murder

Headnote :

\"In cases relying on circumstantial evidence, courts must be cautious not to base their conclusions solely on suspicion, no matter how strong it may be.\"\"Rex v. Hodge (1838) 2 Lew. 227, and Nargundkar v. State of Madhya Pradesh (1952) S.C.R. 1091 are referred to. To establish a charge under Sect...

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Mohd. Amin & Ors Vs. Vakil Ahmed & Ors [1952] INSC 45 (22 October 1952)

Judgement Date : 22 Oct 1952

Citation : 1952 Latest Caselaw 45 SC

Headnote :

\"Under Muslim law, a person who has charge of a minor\'s person or property without being their legal guardian (i.e., a de facto guardian) has no authority to transfer any rights or interests in immovable property to another party in a way that the transferee can enforce against the minor. In such...

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Rameshwar Bhartia Vs. The State of Assam [1952] INSC 46 (23 October 1952)

Judgement Date : 23 Oct 1952

Citation : 1952 Latest Caselaw 46 SC

CrPC Section 438. Direction for grant of bail to person apprehending arrest

Headnote :

\"The determination of whether a Magistrate is \'personally interested\' in a case under section 556 of the Criminal Procedure Code must be based on the facts of each individual case.\"\"In a situation where a District Magistrate, acting under section 7(1) of the Essential Supplies (Temporary Power...

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Raja Kamakshyanarayan Singh Bahadur Vs. Chohan Ram & ANR [1952] INSC 47 (23 October 1952)

Judgement Date : 23 Oct 1952

Citation : 1952 Latest Caselaw 47 SC

Section 113. TPA,Waiver of notice to quit.
Section 66. TPA, Waste by mortgagor in possession.

Headnote :

\"Before the enactment of section 65-A of the Transfer of Property Act by Act XX of 1929, the issue of whether a mortgagor in possession had the authority to lease the mortgaged property was to be determined based on the mortgagor\'s role as the bailiff or agent of the mortgagee in managing the pro...

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Ganpat Rai Hiralal & ANR Vs. Aggarwal Chamber of Commerce Ltd. [1952] INSC 48 (24 October 1952)

Judgement Date : 24 Oct 1952

Citation : 1952 Latest Caselaw 48 SC

Headnote :

\"Section 116 of the Pepsu Ordinance X of 2005 (1948-1949) serves as a transitory provision facilitating the transfer of proceedings from one set of courts in the covenanting state to courts of similar status in the Union. It also ensures the continuation of those proceedings in the Union courts. T...

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Raj Lakshmi Dasi & Ors Vs. Banamali Sen & Ors [1952] INSC 49 (27 October 1952)

Judgement Date : 27 Oct 1952

Citation : 1952 Latest Caselaw 49 SC

Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.

Headnote :

\"In cases where the right to receive compensation for property acquired in land acquisition proceedings depends on the title to the acquired property, and the dispute regarding the title is contested and decided by the Land Acquisition Judge, this decision on the title acts as res judicata in any...

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Aswini Kumar Ghosh & ANR Vs. Arabinda Bose & ANR [1952] INSC 50 (27 October 1952)

Judgement Date : 27 Oct 1952

Citation : 1952 Latest Caselaw 50 SC

Constitution of India

Headnote :

Section 2 of the Supreme Court Advocates (Practice in High Courts) Act, 1951 states: \"Notwithstanding any provisions in the Indian Bar Councils Act, 1926 (XXVIII of 1926), or any other law governing the conditions under which a person not enrolled in the roll of advocates of a High Court may be al...

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