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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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Payyavula Vengamma Vs. Payyavula Kesanna & Ors [1952] INSC 51 (29 October 1952)

Judgement Date : 29 Oct 1952

Citation : 1952 Latest Caselaw 51 SC

Headnote :

In an arbitration conducted under Section 21 of the Indian Arbitration Act, where the arbitrator took statements from each party in the absence of the other and made an award:Held: It is a fundamental principle of justice, whether in courts or arbitration by lawyers or merchants, that a party shoul...

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Keshardeo Chamria Vs. Radha Kissen Chamria & Ors [1952] INSC 52 (30 October 1952)

Judgement Date : 30 Oct 1952

Citation : 1952 Latest Caselaw 52 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 151. Arrest to prevent the commission of cognizable offences

Headnote :

A Subordinate Judge dismissed an application from a decree holder for the adjournment of an execution case, and by the same order, dismissed the execution case itself. However, the judge did not inform the decree holder\'s pleader about the dismissal of the adjournment application or inquire if the...

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