Caselaw | Supreme Court Judgements of may 1952

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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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