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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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