Caselaw | Supreme Court Judgements of may 1953

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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(l) of the Trade Marks Act, 1940, provides that an appeal shall lie from any decision of the Registrar under the Act or the rules made there under, to the High Court having jurisdiction, but the Act did not make any provision with regard to the procedure to be followed by the High Court in...

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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., MUKHERJEA, VIVIAN BOSE and GHULAM HASAN JJ.)-(i) Sales and purchases which themselves occasion the export or import of the goods, as the case may be, out of, or into, the territory of India come within art. 286 (1) (b) and are exempt from State taxation. (ii) Purc...

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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 object of contempt proceedings is not to afford protection to judges personally from imputations to which they maybe exposed as individuals, but is intended to be a protection to the public whose interest would be very much affected if, by the act or conduct of any party, the authority of t...

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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 s. 149 of the Indian Penal Code can be applied, the court must find with certainty that there were at least live persons sharing the common object. This does not, however, mean that five persons must always be convicted before s. 149 can be applied. If the judge concludes 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 1.950) provided that "if a landlord habitually infringes the rights of a tenant under this Act, he shall, notwithstanding any thing in section 7 of the Ajmer Government Wards Regulation, 1888 (I of 1888) be deemed to be a 'landl...

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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 the provisions of s. 28A of the Provincial Insolvency Act, 1920, as amended by the Provincial Insolvency (Amendment) Act of 1948, which has been expressly made retrospective, when a Hindu father governed by the Mitakshara law is adjudged a bankrupt, his power to alienate the interest of his so...

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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 held a certain number of shares ina company, sold some of these shares to B on the 29th July, 1944, and executed blank transfer forms in respect of the shares. B made an application to the company for registration of his name, only on the 11th April, 1945, and his application was rejected. Me...

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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 an enactment Providing for special procedure for the trial of certain offences is or is not discriminatory and violative of art. 14 of the Constitution must be determined in each case as it arises, for no general rule applicable to all cases can safely be laid down. The West Bengal Crimin...

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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 during the relevant period, the Minister for Industries and Secretary to the Government respectively of the State of Vindhya Pradesh, were tried by a Special Judge under the Vindhya Pradesh Criminal Law Amendment (Special Courts) Ordinance (No. V of 1949) for charges under s...

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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, who were residents of a municipality, alleging that they had been deprived of their rights to exercise their votes and to seek their election as candidates in certain by elections to the Municipal Board, as those by-elections were held on communal lines on the basis of separate elec...

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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 relating to the Orissa Estates Abolition Act, 1952, was published in the Gazette on the 3rd January, 1950. It contained a provision that any sum payable for agricultural incomes-Tax for the previous year should be deducted from the gross asset of an estate for the purpose of arriving at...

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