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National Sewing Thread Co. Ltd. Vs. James Chadwick & Bros. Ltd. [1953] INSC 39 (7 May 1953)

Judgement Date : 07 May 1953

Citation : 1953 Latest Caselaw 39 SC

Constitution of India
Government of India Act, 1935

Headnote :

Section 76(1) of the Trade Marks Act, 1940, provides that an appeal may be made to the High Court having jurisdiction from any decision made by the Registrar under the Act or its rules. However, the Act does not specify the procedure for the High Court in handling such appeals or whether the High Co...

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State of Travancore-Cochin & Ors Vs. Shanmugha Vilas Cashew Nut Factory & Ors [1953] INSC 40 (8 May 1953)

Judgement Date : 08 May 1953

Citation : 1953 Latest Caselaw 40 SC

Constitution of India
Government of India Act, 1935

Headnote :

Held by (Patanjali Sastri C.J., Mukherjee, Vivian Bose, and Ghulam Hasan JJ.): (i) Sales and purchases that directly result in the export or import of goods, as applicable, to or from India, fall under Article 286(1)(b) and are exempt from state taxation.(ii) Purchases within the state made by the e...

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Brahma Prakash Sharma & Ors Vs. The State of Uttar Pradesh [1953] INSC 41 (8 May 1953)

Judgement Date : 08 May 1953

Citation : 1953 Latest Caselaw 41 SC

Headnote :

117O The purpose of contempt proceedings is not to protect judges personally from criticisms they may face as individuals, but to safeguard the public interest. The public\'s confidence in the judicial system could be severely undermined if the authority of the court is diminished through the action...

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Dalip Singh & Ors Vs. State of Punjab [1953] INSC 42 (15 May 1953)

Judgement Date : 15 May 1953

Citation : 1953 Latest Caselaw 42 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

Headnote :

Before Section 149 of the Indian Penal Code can be invoked, the court must be certain that there were at least two individuals who shared a common objective.However, this does not imply that five individuals must always be convicted for Section 149 to apply. If the judge determines that five persons...

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Thakur Raghubir Singh Vs. Court of Wards, Ajmer, & ANR [1953] INSC 43 (15 May 1953)

Judgement Date : 15 May 1953

Citation : 1953 Latest Caselaw 43 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Section 112 of the Ajmer Tenancy and Land Records Act (XLII of 1950) stated that \"if a landlord repeatedly violates the rights of a tenant under this Act, he shall, regardless of Section 7 of the Ajmer Government Wards Regulation, 1888 (I of 1888), be deemed a \'landlord who is disqualified from ma...

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Cheruvu Nageswaraswami Vs. Rajah Vadrevu Viswasundara Rao & Ors [1953] INSC 44 (18 May 1953)

Judgement Date : 18 May 1953

Citation : 1953 Latest Caselaw 44 SC

Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920
Section 74. Compensation of breach of contract where penalty stipulated for

Headnote :

Under Section 28A of the Provincial Insolvency Act, 1920, as amended by the Provincial Insolvency (Amendment) Act of 1948, which has been explicitly made retrospective, when a Hindu father, governed by the Mitakshara law, is declared bankrupt, his ability to alienate the interest of his sons in the...

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Mathalone Vs. Bombay Life Assurance Co. Ltd. [1953] INSC 45 (19 May 1953)

Judgement Date : 19 May 1953

Citation : 1953 Latest Caselaw 45 SC

Headnote :

A, who owned a certain number of shares in a company, sold some of these shares to B on July 29, 1944, and executed blank transfer forms for the shares. B applied to the company for the registration of his name on April 11, 1945, but his application was rejected. Meanwhile, in February 1945, the com...

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Kedar Nath Bajoria Vs. The State of West Bengal [1953] INSC 46 (22 May 1953)

Judgement Date : 22 May 1953

Citation : 1953 Latest Caselaw 46 SC

Constitution of India
CrPC Section 260. Power to try summarily
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 417. Punishment for cheating
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

Whether a law that provides for a special procedure for the trial of certain offenses is discriminatory and violates Article 14 of the Constitution must be determined on a case-by-case basis, as no general rule can be universally applied.The West Bengal Criminal Law Amendment (Special Courts) Act, 1...

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Rao Shiv Bahadur Singh & ANR Vs. The State of Vindhya Pradesh [1953] INSC 47 (22 May 1953)

Judgement Date : 22 May 1953

Citation : 1953 Latest Caselaw 47 SC

Constitution of India
CrPC Section 268. Power of State Government to exclude certain persons from operation of section 267
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant
IPC Section 4. Extension of Code to extra-territorial offences
Merged States (Laws) Act, 1949

Headnote :

The appellants, who were the Minister for Industries and Secretary to the Government of the State of Vindhya Pradesh during the relevant period, were tried by a Special Judge under the Vindhya Pradesh Criminal Law Amendment (Special Courts) Ordinance (No. V of 1949) for charges under sections 120-B,...

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Nain Sukh Das & ANR Vs. The State of Uttar Pradesh & Ors [1953] INSC 48 (22 May 1953)

Judgement Date : 22 May 1953

Citation : 1953 Latest Caselaw 48 SC

Constitution of India

Headnote :

The petitioners, residents of a municipality, claimed that they were deprived of their right to vote and to stand as candidates in certain by-elections to the Municipal Board. They argued that these by-elections were conducted on communal lines, based on separate electorates, which they contended wa...

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K.C. Gajapati Narayan Deo And Other Vs. The State of Orissa [1953] INSC 49 (29 May 1953)

Judgement Date : 29 May 1953

Citation : 1953 Latest Caselaw 49 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The Bill pertaining to the Orissa Estates Abolition Act, 1952 was published in the Gazette on January 3, 1950.It included a provision stating that any sum payable for agricultural income-tax for the previous year should be deducted from the gross asset of an estate when determining its net income, w...

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