Caselaw | Supreme Court Judgements of 1953

Expand

O P Jindal Global University

trademarkclick

2026 2025 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950

January February March April May June July August September October November December

Sohan Pathak and Sons Vs. Commissioner of Income Tax, U.P [1953] INSC 51 (23 September 1953)

Judgement Date : 23 Sep 1953

Citation : 1953 Latest Caselaw 51 SC

Headnote :

A Hindu undivided family was engaged in money lending and brocade businesses. On July 16, 1943, a partial partition took place among the family members, with the brocade business being divided, and its assets and liabilities distributed equally between them. The following day, the adult members of t...

Read full Judgement

Commissioner of Income Tax, West Bengal Vs. A. W. Figgies & Co., & Ors [1953] INSC 52 (24 September 1953)

Judgement Date : 24 Sep 1953

Citation : 1953 Latest Caselaw 52 SC

Headnote :

For income-tax assessment purposes, a firm is considered a separate entity distinct from its partners, and a mere change in the firm\'s constitution does not create a new assessable unit or a separate taxable entity. (1) 67 I.A. 464, 481.A firm consisting of three partnersâ€”A, B, and Câ€”operated a...

Read full Judgement

Habeeb Mohammad Vs. The State of Hyderabad [1953] INSC 53 (5 October 1953)

Judgement Date : 05 Oct 1953

Citation : 1953 Latest Caselaw 53 SC

Constitution of India
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 172. Diary of proceeding in investigation
CrPC Section 216. Court may alter charge
CrPC Section 257. Withdrawal of complaint
Indian Penal Code, 1860 (IPC)

Headnote :

While the prosecution is not obligated to call every available witness, regardless of their number or reliability, it must call witnesses who are crucial to the presentation of its case. These witnesses must be called regardless of whether their testimony supports or undermines the prosecutionâ€™s c...

Read full Judgement

Sidheshwar Mukherjee Vs. Bhubneshwar Prasad Narainsingh & Ors [1953] INSC 54 (5 October 1953)

Judgement Date : 05 Oct 1953

Citation : 1953 Latest Caselaw 54 SC

Headnote :

A person who has obtained a decree against a member of a joint Hindu family for a debt is entitled to attach and sell the debtorâ€™s interest in the joint family property. If the debt is not immoral or illegal, the interest of the judgment debtorâ€™s sons in the joint family property would also pass...

Read full Judgement

Deputy Commissioner, Hardoi Vs. Rama Krishna Narain & Ors [1953] INSC 55 (8 October 1953)

Judgement Date : 08 Oct 1953

Citation : 1953 Latest Caselaw 55 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Creditors who did not actively participate in the proceedings are not considered necessary parties in an appeal from an order rejecting a claim made under Section 11(2) of the U.P. Encumbered Estates Act, 1934. The technical rules of the Civil Procedure Code concerning the inclusion of parties shoul...

Read full Judgement

Minerva Mills Ltd. Vs. Their Workers [1953] INSC 56 (8 October 1953)

Judgement Date : 08 Oct 1953

Citation : 1953 Latest Caselaw 56 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

Under Section 7 of the Industrial Disputes Act, 1947, the appropriate Government has the authority to establish an industrial tribunal for a specified duration and to create a new tribunal once that period expires, to hear and resolve all references that were made to the previous tribunal but remain...

Read full Judgement

Commissioner of Income-Tax, Bombay City Vs. The Century Spinning And Manufacturing Co. Ltd. [1953] INSC 57 (8 October 1953)

Judgement Date : 08 Oct 1953

Citation : 1953 Latest Caselaw 57 SC

Business Profits Tax Act, 1947

Headnote :

The balance sheet of a company for the calendar year 1945 reported a profit of Rs. 90,44,677, after accounting for provisions for depreciation and taxation. Following this, a balance of Rs. 5,08,637 was carried forward to the balance sheet of the next year, 1st January 1946, without being designated...

Read full Judgement

Allahabad Bank Ltd. Vs. Commissioner of Income-Tax, West Bengal [1953] INSC 58 (8 October 1953)

Judgement Date : 08 Oct 1953

Citation : 1953 Latest Caselaw 58 SC

Headnote :

A banking company executed a deed in which it intended to create a trust for paying pensions to its retiring staff members. A specified sum of money was entrusted to three individuals named as trustees, and the deed allowed the company to make additional contributions to the fund. However, the deed...

Read full Judgement

Commissioner of Income-Tax, West Bengal Vs. Jeewanlal Ltd. [1953] INSC 59 (8 October 1953)

Judgement Date : 08 Oct 1953

Citation : 1953 Latest Caselaw 59 SC

Headnote :

A company will typically be considered a \"company whose directors have a controlling interest\" under the Excess Profits Tax Act, 1940, only if the directors hold, and are registered as holders of, a majority of the voting shares in the company. It is not required that the directors have a benefici...

Read full Judgement

Sir Kikabhai Premchand Vs. Commissioner of Income Tax (Central), Bombay [1953] INSC 60 (9 October 1953)

Judgement Date : 09 Oct 1953

Citation : 1953 Latest Caselaw 60 SC

Headnote :

The assessee, who conducted business in bullion and shares, followed the mercantile system of accounting. To determine his profits, he valued the stock at both the beginning and the end of the year at cost price.During the accounting year, the assessee withdrew some silver bars and shares from the b...

Read full Judgement

Chainrup Sampatram Vs. Commissioner of Income-Tax, West Bengal [1953] INSC 61 (9 October 1953)

Judgement Date : 09 Oct 1953

Citation : 1953 Latest Caselaw 61 SC

Headnote :

The assessee firm, which conducted business in bullion in Calcutta, sent a quantity of silver bars to Bikaner, where its partners resided, during the accounting year. The firm recorded these bars as having been sold to the partners.The Income-tax authorities doubted the sale claim and, treating the...

Read full Judgement

Commissioner of Income-Tax, Madras Vs. K. R. M. T. T. Thiagaraja Chetty & Co [1953] INSC 62 (14 October 1953)

Judgement Date : 14 Oct 1953

Citation : 1953 Latest Caselaw 62 SC

Headnote :

Under the terms of a managing agency agreement, the assessee firm, acting as managing agents of a company, were entitled to a commission based on a percentage of the profits. In the company\'s books, a sum of Rs. 2,26,850 was shown as commission due to the firm for the year 1941-42. This amount was...

Read full Judgement

C. N. Arunachala Mudaliar Vs. C. A. Muruganatha Mudaliar & ANR [1953] INSC 63 (14 October 1953)

Judgement Date : 14 Oct 1953

Citation : 1953 Latest Caselaw 63 SC

Headnote :

A property gifted by a father to his son does not automatically become ancestral property in the sonâ€™s hands merely because it was given by the father. The father, when making the gift, has the authority to specify whether the gift is for the exclusive use of the son or if it is intended for the b...

Read full Judgement

Jagadguru Gurushiddaswami Vs. Dakshina Maharashtra Digambarjain Sabha [1953] INSC 64 (14 October 1953)

Judgement Date : 14 Oct 1953

Citation : 1953 Latest Caselaw 64 SC

Headnote :

In 1887, the head of a math granted a permanent lease of property owned by the math. In 1910, the successor of the lessee gifted the leased premises to a Jain Sabha for the purpose of constructing a school, with the condition that if the school was removed or ceased to exist, the property would reve...

Read full Judgement

Saraswathi Ammal & ANR Vs. Rajagopal Ammal [1953] INSC 65 (20 October 1953)

Judgement Date : 20 Oct 1953

Citation : 1953 Latest Caselaw 65 SC

Headnote :

A perpetual endowment of properties intended for samadhi kainkaryam, which refers to the worship at the tomb of an individual, is not recognized as valid under Hindu law.If a purpose is asserted as valid for perpetual dedication based on religious merit, it must be demonstrated to have a Shastraic f...

Read full Judgement

Kshetra Mohan-Sannyasicharan Sadhukhan Vs. Commissioner of Excess Profits Tax, West Bangal [1953] INSC 66 (20 October 1953)

Judgement Date : 20 Oct 1953

Citation : 1953 Latest Caselaw 66 SC

Headnote :

Although a partnership formed by the kartas of two Hindu undivided families is commonly referred to as a partnership between those two families, legally it is considered a partnership between the two kartas, and the other family members do not automatically become partners. Individual members of a H...

Read full Judgement

Commissioner of Income-Taxbombay City Vs. Royal Western India Turf Club Ltd. [1953] INSC 67 (26 October 1953)

Judgement Date : 26 Oct 1953

Citation : 1953 Latest Caselaw 67 SC

Headnote :

The Royal Western India Turf Club Ltd., the assessee, was established primarily to operate as a racecourse company and to create clubs, hotels, and other facilities related to the company\'s property. It had two types of members: club members, limited to 350, and stand members, who were elected thro...

Read full Judgement

Sree Sree Ishwar Sridhar Jew Vs. Sushila Bala Dasi & Ors [1953] INSC 68 (16 November 1953)

Judgement Date : 16 Nov 1953

Citation : 1953 Latest Caselaw 68 SC

Headnote :

The issue of whether the idol is the actual beneficiary subject to a charge in favor of the testator\'s heirs, or if the heirs are the true beneficiaries with a charge for the idol\'s maintenance, worship, and expenses, must be resolved by examining the entire content of the deed or will that dedica...

Read full Judgement

Surendra Singh & Ors Vs. The State of Uttar Pradesh [1953] INSC 69 (16 November 1953)

Judgement Date : 16 Nov 1953

Citation : 1953 Latest Caselaw 69 SC

CrPC Section 369. Confirmation or new sentence to be signed by two Judges
Indian Penal Code, 1860 (IPC)

Headnote :

In a case where a judgment was rendered by a panel of two judges, both of whom signed the decision, but it was announced in court by only one judge following the death of the other, it was determined that the judgment was invalid and the case must be reheard.A judgment represents the court\'s final...

Read full Judgement

Satyabrata Ghose Vs. Mugneeram Bangur & Co. & ANR [1953] INSC 70 (16 November 1953)

Judgement Date : 16 Nov 1953

Citation : 1953 Latest Caselaw 70 SC

Constitution of India
Section 32. Enforcement of Contracts contingent on an event happening
Section 54. TPA, “Sale” defined.
Section 56. Agreement to do impossible act

Headnote :

The doctrine of frustration is essentially a component of the law regarding the discharge of contracts due to subsequent impossibility or illegality of the agreed actions, thus falling under Section 56 of the Indian Contract Act. The notion that Section 56 is applicable solely to instances of physic...

Read full Judgement

Lala Durga Prasad & ANR Vs. Lala Deep Chand & Ors [1953] INSC 71 (18 November 1953)

Judgement Date : 18 Nov 1953

Citation : 1953 Latest Caselaw 71 SC

Indian Trusts Act, 1882

Headnote :

A disagreement that arises after a land sale contract regarding the specific manner in which the title warranty should be included in the sale deed does not undermine the integrity of the contract that has already been established. Furthermore, it does not constitute a repudiation of the contract if...

Read full Judgement

Natvarlal Punjabhai & ANR Vs. Dadubhai Manubhai & Ors [1953] INSC 72 (18 November 1953)

Judgement Date : 18 Nov 1953

Citation : 1953 Latest Caselaw 72 SC

Headnote :

When a Hindu widow relinquishes her widow\'s estate to the reversioners after a third party has gained title to the properties through adverse possession against her, the reversioners have the right to reclaim possession of the properties from that third party immediately as heirs of the last male h...

Read full Judgement

Raja Kulkarni & Ors Vs. The State of Bombay [1953] INSC 73 (24 November 1953)

Judgement Date : 24 Nov 1953

Citation : 1953 Latest Caselaw 73 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Constitution of India

Headnote :

A strike that occurs while an appeal is pending would be considered an illegal strike under sections 24 and 25 of the Industrial Disputes (Appellate Tribunal) Act, 1950, even if the appeal itself is not valid or competent.According to the Bombay Industrial Relations Act, 1946, a union can be registe...

Read full Judgement

The State of West Bengal Vs. Shaikh Serajuddin Batley [1953] INSC 74 (24 November 1953)

Judgement Date : 24 Nov 1953

Citation : 1953 Latest Caselaw 74 SC

Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

The obligation to pay rent under a lease is not included in the term \"financial obligations\" as stated in article 9 of the Indian Independence (Rights, Property and Liabilities) Order, 1947.On February 6, 1947, the Province of Bengal leased certain premises, agreeing to a monthly rent of Rs. 1,800...

Read full Judgement

Harman Singh & Ors Vs. Regional Transport Authority, Culcutta & Ors [1953] INSC 75 (24 November 1953)

Judgement Date : 24 Nov 1953

Citation : 1953 Latest Caselaw 75 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

Since 1940, taxis operating in the streets of Calcutta were mandated to have a horsepower between 22 and 30. Rule 179 of the Bengal Motor Vehicles Rules, amended in 1944, established a minimum fare of one rupee for the first mile and 2 annas for every one-sixth of each additional mile. In 1952, the...

Read full Judgement

Sukhdev Singh Sodhi Vs. The Chief Justice and Judges of The Pepsu High Court [1953] INSC 76 (25 November 1953)

Judgement Date : 25 Nov 1953

Citation : 1953 Latest Caselaw 76 SC

Constitution of India
CrPC Section 5. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 41. Special law

Headnote :

The Supreme Court lacks the authority under section 527 of the Criminal Procedure Code, or any other legal provision, to transfer contempt proceedings initiated by a High Court against itself to another High Court.Section 527 of the Criminal Procedure Code is not applicable in this situation, as the...

Read full Judgement

Central National Bank Ltd. Vs. United Industrial Bank Ltd. [1953] INSC 77 (26 November 1953)

Judgement Date : 26 Nov 1953

Citation : 1953 Latest Caselaw 77 SC

Section 13. Consent defined

Headnote :

The term \"consent\" in section 30(2) of the Indian Sale of Goods Act refers to \"agreeing on the same thing in the same sense,\" as outlined in section 13 of the Indian Contract Act, and does not equate to \"free consent\" as defined in section 14. Consequently, if a person acquires possession of g...

Read full Judgement

Shibban Lal Saksena Vs. The State of Uttar Pradesh & Ors [1953] INSC 78 (3 December 1953)

Judgement Date : 03 Dec 1953

Citation : 1953 Latest Caselaw 78 SC

Constitution of India
Preventive Detention Act, 1950

Headnote :

The detention order was issued based on two grounds specified in sub-clauses (ii) and (iii) of clause (a) of section 3 (1) of the Preventive Detention Act, 1950, as amended by subsequent legislation. The Government, exercising its authority under section 11 of the Act, upheld the detention order con...

Read full Judgement

Chilukuri Venkateswarlu Vs. Chilukuri Venkatanarayana [1953] INSC 79 (8 December 1953)

Judgement Date : 08 Dec 1953

Citation : 1953 Latest Caselaw 79 SC

Headnote :

The presumption established by section 112 of the Indian Evidence Act is a definitive legal presumption that can only be challenged by demonstrating non-access between the married couple during a time when, according to natural circumstances, the husband could have fathered the child.\"Access\" and...

Read full Judgement

Akhlakali Hayatalli Vs. The State of Bombay [1953] INSC 80 (9 December 1953)

Judgement Date : 09 Dec 1953

Citation : 1953 Latest Caselaw 80 SC

CrPC Section 306. Tender of pardon to accomplice
CrPC Section 307. Power to direct tender of pardon
Indian Penal Code, 1860 (IPC)
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Headnote :

The appropriate approach regarding references under section 307 of the Criminal Procedure Code has been definitively established: the High Court will only intervene in a jury\'s verdict if it deems the verdict to be perverse, meaning it is unreasonable, clearly incorrect, or contrary to the weight o...

Read full Judgement

The State of West Bengal Vs. Mrs. Bela Banerjee & Ors [1953] INSC 81 (11 December 1953)

Judgement Date : 11 Dec 1953

Citation : 1953 Latest Caselaw 81 SC

Constitution of India
Government of India Act, 1935
West Bengal Land Development and Planning Act, 1948

Headnote :

The West Bengal Land Development and Planning Act of 1948 was enacted mainly to facilitate the settlement of immigrants who moved to West Bengal due to communal unrest in East Bengal. This Act allows for the acquisition and development of land for public purposes, including the aforementioned settle...

Read full Judgement

Kalyanpur Lime Works Ltd. Vs. State of Bihar & ANR [1953] INSC 82 (14 December 1953)

Judgement Date : 14 Dec 1953

Citation : 1953 Latest Caselaw 82 SC

Section 20. Agreement void where both parties are under mistake as to matter of fact
Section 21. Effect of mistake as to law

Headnote :

The Government of Bihar (defendant No. 1) granted a lease for the hills to K (a company) on April 1, 1928, for a duration of 20 years for the purpose of quarrying limestone, with the stipulation that K could not transfer its leasehold rights without the Government\'s consent. In 1933, K transferred...

Read full Judgement

The Union of India Vs. Madan Gopal Kabra [1953] INSC 83 (16 December 1953)

Judgement Date : 16 Dec 1953

Citation : 1953 Latest Caselaw 83 SC

Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

The respondent was living and conducting business in the District of Jodhpur, Rajasthan, which is classified as a Part B State. His income generated during the accounting year 1949-50 was subject to assessment for income tax for the year 1950-51 under the Indian Income-tax Act, as modified by the In...

Read full Judgement

D. R. Madhavakrishnaiah Vs. The Income-Tax Officer, Bangalore [1953] INSC 84 (16 December 1953)

Judgement Date : 16 Dec 1953

Citation : 1953 Latest Caselaw 84 SC

Constitution of India

Headnote :

The assessee contested the authority of the Income-tax Officer from the Special Survey Circle in Bangalore to impose income tax and super-tax on his earnings that were accrued before April 1, 1950, in the State of Mysore. He argued that the proviso to section 13 of the Indian Finance Act, 1950, whic...

Read full Judgement

The State of West Bengal . Vs. Subodh Gopal Bose & Ors [1953] INSC 85 (17 December 1953)

Judgement Date : 17 Dec 1953

Citation : 1953 Latest Caselaw 85 SC

Constitution of India
Government of India Act, 1935
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

The initial respondent, B, acquired a Touzi at a revenue sale conducted by the 24-Parganas Collectorate on January 9, 1942. As the purchaser, he obtained the right under Section 37 of the Bengal Revenue Sales Act, 1859, to \"avoid and annul all under-tenures and immediately eject all under-tenants,\...

Read full Judgement

Biswambhar Singh Vs. The State of Orissa & ANR [1953] INSC 86 (18 December 1953)

Judgement Date : 18 Dec 1953

Citation : 1953 Latest Caselaw 86 SC

Constitution of India

Headnote :

The State Government is authorized under section 3(1) to issue a notification stating that the specified estate has been transferred to the State. However, this notification must pertain to property defined as an estate in section 2(g), and that estate must be held by an intermediary as defined in s...

Read full Judgement

Dwarkadas Shrinivas of Bombay Vs. The Sholapur Spinning & Weaving Co. Ltd. & Ors [1953] INSC 87 (18 December 1953)

Judgement Date : 18 Dec 1953

Citation : 1953 Latest Caselaw 87 SC

Constitution of India
Government of India Act, 1935

Headnote :

The Sholapur Spinning and Weaving Co., Ltd. was established under the Indian Companies Act of 1913, with an authorized capital of Rs. 48 lakhs. This capital was divided into 1,590 fully paid ordinary shares of Rs. 1,000 each, 20 fully paid ordinary shares of Rs. 500 each, and 32,000 partly paid cumu...

Read full Judgement

Dunichand Hakim & Ors Vs. Deputy Commissioner [1953] INSC 88 (18 December 1953)

Judgement Date : 18 Dec 1953

Citation : 1953 Latest Caselaw 88 SC

Administration of Evacuee Property Act, 1950

Headnote :

It was determined that the Deputy Custodian of Evacuee Property has the authority to revoke land allotments under both the East Punjab Evacuees\' (Administration of Property) Act, XIV of 1947, and the Administration of Evacuee Property (Act XXXI of 1950), specifically sections 2(a), 12(1), and 56(2)...

Read full Judgement

Baburao Shantaram More Vs. The Bombay Housing Board & ANR [1953] INSC 89 (18 December 1953)

Judgement Date : 18 Dec 1953

Citation : 1953 Latest Caselaw 89 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Constitution of India

Headnote :

It was determined that neither section 4 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Act LVII of 1947) nor the newly added section 3-A in the Bombay Housing Board Act (Act LXIX of 1948), introduced by the Amending Act (Bombay Act XI of 1951), is beyond the powers granted by...

Read full Judgement

Commissioner of Income-Tax/Excess Profits Tax, Bombay City Vs. Messrs. Bhogilal Laherch [1953] INSC 90 (18 December 1953)

Judgement Date : 18 Dec 1953

Citation : 1953 Latest Caselaw 90 SC

Headnote :

A Hindu undivided family was conducting business in Bombay, Madras, and Mysore, treated as a single taxpayer, with the relevant accounting period from October 10, 1941, to November 8, 1942. During this time, the Mysore branch acquired goods worth over Rs. 2 lakhs from both the Bombay head office and...

Read full Judgement

«
1
2
»

Download the LatestLaws.com Mobile App

Join latestlaws whatsapp group

Publish Your Article

Campus Ambassador

Media Partner

Campus Buzz

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

start up India

About us Events Awards Workshops Contact us Grievance Cell Disclaimer Hyperlinking Policy Privacy Policy Advertise Media Partner Legal FAQs