Caselaw | Supreme Court Judgements of december 1952

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Thakur Pratap Singh Vs. Shri Krishna Gupta & Ors [1952] INSC 60 (2 December 1952)

Judgement Date : 02 Dec 1952

Citation : 1952 Latest Caselaw 60 SC

Headnote :

The appellant was a candidate for the office of President of the Municipal Committee, Damoh. The nomination was submitted using the old form under previous rules, which required the candidate to mention their caste. The new rules, however, stipulated that the candidateâ€™s occupation should be ment...

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Gunendra Nath Mitra Vs. Satish Chandra Hui & Ors [1952] INSC 61 (2 December 1952)

Judgement Date : 02 Dec 1952

Citation : 1952 Latest Caselaw 61 SC

Headnote :

Under the Bengal Land Revenue Sales Act (XI of 1859), if the Collector intends to sell the entire estate where separate accounts exist for the various shares that make up the estate, he must first close these separate accounts or combine them into a single demand. Only after this procedure can the C...

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Vishwamitra Press Karyalaya Vs. The Workers of Vishwamitra Press [1952] INSC 62 (2 December 1952)

Judgement Date : 02 Dec 1952

Citation : 1952 Latest Caselaw 62 SC

Industrial Disputes Act, 1947
U.P. General Clauses Act, 1904

Headnote :

The time for making an award under the U.P. Industrial Disputes Act, 1947, expired on June 9, 1951. The Government extended the deadline until June 30, 1951. However, June 30 was a public holiday, and July 1 was a Sunday. The Industrial Tribunal issued its award on July 2.Held: An Industrial Tribun...

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Buckingham and Carnatic Co. Ltd. Vs. Workers of The Buckingham and Carnatic Co. Ltd. [1952] INSC 63 (2 December 1952)

Judgement Date : 02 Dec 1952

Citation : 1952 Latest Caselaw 63 SC

Headnote :

When the night-shift workers of a department at a textile mill ceased working from approximately 4 p.m. to 8 p.m. on a particular day, the apparent reason for the stoppage was the management\'s inability to grant the workers\' request to declare the forenoon of that day as a holiday for the solar ec...

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Sisir Kumar Dutta Vs. State of West Bengal [1952] INSC 64 (5 December 1952)

Judgement Date : 05 Dec 1952

Citation : 1952 Latest Caselaw 64 SC

Constitution of India

Headnote :

The Essential Supplies (Temporary Powers) Act, 1946, a temporary law that had been extended periodically after its original expiration, was extended for one year until 31st March 1951, by a resolution passed by the Constituent Assembly (Legislative) during a meeting on 20th December 1949. The appell...

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State of Madras Vs. C. P. Sarathy & ANR [1952] INSC 65 (5 December 1952)

Judgement Date : 05 Dec 1952

Citation : 1952 Latest Caselaw 65 SC

Constitution of India
Government of India Act, 1935
Industrial Disputes Act, 1947

Headnote :

The South Indian Cinema Employees\' Association, a registered trade union representing employees from 24 cinema houses in Madras, including some workers from Prabhat Talkies, submitted a memorandum to the Labour Commissioner with demands for higher wages and other requests, seeking to settle the dis...

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Darshan Singh Vs. State of Punjab [1952] INSC 66 (5 December 1952)

Judgement Date : 05 Dec 1952

Citation : 1952 Latest Caselaw 66 SC

Constitution of India
CrPC Section 342. Power to order court
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)

Headnote :

Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, enacted by the Indian Legislature, granted the Central Government the authority, through a notified order, to regulate and prohibit the production, supply, and distribution of any essential commodity, as well as trade and commerce rel...

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D. N. Banerji Vs. P. R. Mukherjee & Ors [1952] INSC 67 (5 December 1952)

Judgement Date : 05 Dec 1952

Citation : 1952 Latest Caselaw 67 SC

Industrial Disputes Act, 1947

Headnote :

The term \"industrial dispute\" in the Industrial Disputes Act, 1947, includes disputes between municipalities and their employees in sectors of work that can be considered analogous to the operation of a trade or business. The terms \"undertaking\" in the first part of the definition and \"industri...

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T. B. Ibrahim Vs. Regional Transport Authority, Tanjore [1952] INSC 68 (5 December 1952)

Judgement Date : 05 Dec 1952

Citation : 1952 Latest Caselaw 68 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

Rule 268 of the Madras Motor Vehicles Rules, 1940, in its original form, did not grant the Transport Authority the power to periodically change the starting points and termini for motor vehicles. However, the rule was amended in 1950 to give the Transport Authority such authority. After notifying th...

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Godavari Parulekar Vs. State of Bombay & Ors [1952] INSC 69 (5 December 1952)

Judgement Date : 05 Dec 1952

Citation : 1952 Latest Caselaw 69 SC

Constitution of India
Preventive Detention Act, 1950

Headnote :

Section 11-A, introduced into the Preventive Detention Act of 1950 by the Preventive Detention (Second Amendment) Act, 1952, specified that the maximum duration of detention under any detention order confirmed under Section 11 could not exceed twelve months from the date of detention. However, subs...

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Ameerunnissa Begum & Ors Vs. Mahboob Begum & Ors [1952] INSC 70 (9 December 1952)

Judgement Date : 09 Dec 1952

Citation : 1952 Latest Caselaw 70 SC

Constitution of India

Headnote :

The prolonged existence of a dispute between two competing groups claiming the property of a private individual does not constitute an extraordinary circumstance that would make the case stand out as exceptional, justifying its differentiation from other succession disputes. Additionally, the fact t...

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Mohanlal Goenka Vs. Benoy Krishna Mukherjee& Ors [1952] INSC 71 (9 December 1952)

Judgement Date : 09 Dec 1952

Citation : 1952 Latest Caselaw 71 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In 1923, the Calcutta High Court passed a decree on its Original Side. In 1931, the Court transferred the decree for execution to the Subordinate Judge\'s Court in Asansol, along with a certified copy of the decree, an order of transmission, and a certificate of partial satisfaction.The decree-holde...

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Sha Mulchand & Co. Ltd. Vs. Jawahar Mills Ltd. [1952] INSC 72 (9 December 1952)

Judgement Date : 09 Dec 1952

Citation : 1952 Latest Caselaw 72 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A private limited company, with G and S as its only members, owned 5,000 shares in a mill. The company failed to pay the calls, resulting in the forfeiture of the 5,000 shares on 5th September 1941, which were then re-allotted to other individuals on 16th November. A notice of forfeiture was sent t...

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Ajmer Singh Vs. The State of Punjab [1952] INSC 73 (10 December 1952)

Judgement Date : 10 Dec 1952

Citation : 1952 Latest Caselaw 73 SC

CrPC Section 342. Power to order court
CrPC Section 417. Power to appoint place of imprisonment
IPC Section 304. Punishment for culpable homicide not amounting to murder
IPC Section 324. Voluntarily causing hurt by dangerous weapons or means

Headnote :

\"Once an acquittal order is made, the presumption of innocence is further solidified by that order. Therefore, the trial court\'s decision cannot be overturned merely because the accused failed to explain the circumstances against them, but only for very substantial and compelling reasons.\"\"In an...

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Importers and Manufacturers Ltd. Vs. Pheroze Framroze Taraporewala& Ors [1952] INSC 74 (10 December 1952)

Judgement Date : 10 Dec 1952

Citation : 1952 Latest Caselaw 74 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

\"In a case where a lease for a flat in the City of Bombay included a provision prohibiting the tenant from assigning, subletting, or re-letting the premises without the landlord\'s prior consent, the tenant sublet the flat in violation of this term. The landlord then filed a suit in the Court of Sm...

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Workers of The Industry Colliery, Dhanbad Vs. Management of The Industry Colliery [1952] INSC 75 (12 December 1952)

Judgement Date : 12 Dec 1952

Citation : 1952 Latest Caselaw 75 SC

Delegation of Powers
Delegation of Powers
Industrial Disputes Act, 1947

Headnote :

\"A conciliation process under Section 20(2)(b) of the Industrial Disputes Act, 1947, cannot be considered concluded merely when the Conciliation Officer submits his report, if no settlement has been reached. It can only be regarded as concluded when the appropriate Government actually receives the...

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The Times of India Vs. Arabinda Bose & ANR [1952] INSC 76 (12 December 1952)

Judgement Date : 12 Dec 1952

Citation : 1952 Latest Caselaw 76 SC

Headnote :

\"It is not common practice for the Supreme Court to issue a rule for contempt of court unless in exceptionally serious and significant cases. The Court is rarely overly sensitive to public criticism. However, when there is a risk of serious harm to the administration of justice, such criticisms wi...

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Strawboard Manufacturing Co., Ltd. Vs. Gutta Mill Workers' Union [1952] INSC 77 (17 December 1952)

Judgement Date : 17 Dec 1952

Citation : 1952 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)
Industrial Disputes Act, 1947

Headnote :

\"On February 18, 1950, the Governor of Uttar Pradesh referred an industrial dispute to the Labour Commissioner, or a person appointed by him, with instructions for the award to be submitted by April 5, 1950. However, the award was issued on April 13, and on April 26, the Governor issued a notifica...

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Anglo-French Textile Co. Ltd. Vs. Commissioner of Income-Tax, Madras [1952] INSC 78 (22 December 1952)

Judgement Date : 22 Dec 1953

Citation : 1952 Latest Caselaw 78 SC

Headnote :

\"The assessee, a company incorporated in the United Kingdom with its registered office in London, produced yarn and cloth at their mill in Pondicherry. They had appointed another company in Madras as their agents.\"\"The manufactured goods were primarily sold within British India, with a portion so...

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Commissioner of Income-Tax, Madras Vs. K. Srinivasan and K. Gopalan [1952] INSC 79 (22 December 1952)

Judgement Date : 22 Dec 1952

Citation : 1952 Latest Caselaw 79 SC

Headnote :

\"Two brothers, who had been operating a business in partnership and were assessed for income tax under the Indian Income-tax Act of 1918, with an accounting year spanning 12 months ending on June 30th each year, transferred the business to a limited company on March 1, 1940. They claimed in the ass...

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Chhotabrai Jethabai Patel and Co. Vs. The State of Madhya Pradesh [1952] INSC 80 (22 December 1952)

Judgement Date : 22 Dec 1952

Citation : 1952 Latest Caselaw 80 SC

Constitution of India

Headnote :

\"The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act of 1950 abolished all proprietary rights in estates, mahals, and alienated villages within the State, transferring these rights to the State for its own use, free from any encumbrances.\"\"The petitioners, wh...

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Commissioner of Income-Tax, Madras Vs. Mtt. Ar. S. Ar. Arunachalam Chettiar [1952] INSC 81 (22 December 1952)

Judgement Date : 22 Dec 1952

Citation : 1952 Latest Caselaw 81 SC

Headnote :

\"By an order dated August 20, 1943, the Appellate Tribunal instructed that certain deductions claimed by the assessee should be granted. The matter was returned to the Income-tax Officer, who passed an order on September 26, 1945, but did not issue a fresh notice of demand. The assessee appealed to...

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Anglo-French Textile Co. Ltd. Vs. Commissioner of Income-Tax, Madras [1952] INSC 82 (22 December 1952)

Judgement Date : 22 Dec 1952

Citation : 1952 Latest Caselaw 82 SC

Headnote :

\"While a few isolated transactions involving the purchase of raw materials in India by a manufacturer conducting business outside India may not qualify as an \'operation\' in India under section 42(3) of the Indian Income-tax Act, when raw materials are consistently and regularly purchased in India...

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Anglo-French Textile Co., Ltd. Vs. Commissioner of Income-Tax, Madras [1952] INSC 83 (22 December 1952)

Judgement Date : 22 Jan 1952

Citation : 1952 Latest Caselaw 83 SC

Headnote :

\"The assessee filed a return showing \'nil\' income, which was accepted by the Income-tax Officer. In the subsequent year, the Income-tax Officer issued a notice under section 34(1)(b) requesting a fresh return. The assessee then submitted a return showing \'nil\' income and a loss of Rs. 3,92,357,...

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