Caselaw | Supreme Court Judgements of 1954

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Messrs. Dwarka Prasad Laxmi Narain Vs. The State of Uttar Pradesh & Ors [1954] INSC 1; 803 (11 January 1954)

Judgement Date : 11 Jan 1954

Citation : 1954 Latest Caselaw 1 SC

Constitution of India

Headnote :

A law or regulation that grants arbitrary and unchecked authority to the executive regarding the regulation of trade or business in commonly available goods must be deemed unreasonable. According to clause 4(3) of the Uttar Pradesh Coal Control Order, 1953, the licensing authority possesses complete...

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Cooverjee B. Bharucha Vs. The Excise Commissioner and The Chief Commissioner [1954] INSC (13 January 1954)

Judgement Date : 13 Jan 1954

Citation : 1954 Latest Caselaw 2 SC

Constitution of India
Government of India Act, 1935

Headnote :

It was determined that: (i) in relation to Excise Regulation I of 1915, when assessing reasonable restrictions as defined in Article 19(6) of the Constitution concerning the right granted under Article 19(1)(g), one must consider the nature of the business and the specific conditions of a particular...

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The Vice-Chancellor, Utkaluniversity & Ors Vs. S. K. Ghosh & Ors [1954] INSC (15 January 1954)

Judgement Date : 15 Jan 1954

Citation : 1954 Latest Caselaw 3 SC

Constitution of India

Headnote :

In this case, there were two meetings of the University Syndicate, which is made up of twelve members. Proper notifications for both meetings were sent to all members, but one member missed one meeting and another member missed the other. The issue at hand was that the topic relevant to this case wa...

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Waryam Singh & ANR Vs. Amarnath & ANR [1954] INSC (19 January 1954)

Judgement Date : 19 Jan 1954

Citation : 1954 Latest Caselaw 4 SC

Constitution of India
East Punjab Urban Rent Restriction Act, 1949

Headnote :

The Court of the Judicial Commissioner of Himachal Pradesh has jurisdiction over the entire territory of Himachal Pradesh.The Rent Controller and the District Judge, who operate under the East Punjab Rent Restriction Act of 1949, are indeed tribunals, though not courts as defined by Article 227 of t...

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Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

Judgement Date : 20 Jan 1954

Citation : 1954 Latest Caselaw 5 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Representation of the People Act, 1951

Headnote :

The court ruled that: (i) failure to comply with the requirements of section 82 of the Representation of the People Act, 1951 (XLIII of 1951), and the exclusion of a relevant party from the list of respondents does not invalidate the proceedings, allowing the tribunal to address the issue according...

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K.S. Rashid and Son Vs. The Income-Tax Investigation Commission [1954] INSC (22 January 1954)

Judgement Date : 22 Jan 1954

Citation : 1954 Latest Caselaw 6 SC

Constitution of India

Headnote :

The Punjab High Court has the authority to issue a writ under Article 226 of the Constitution to the Income-tax Investigation Commission based in Delhi, which is examining the petitioner\'s case under Section 5 of the Taxation on Income (Investigation Commission) Act, 1947, even though the petitione...

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Raj Rajendra Malojirao Shitole Vs. The State of Madhya Bharat [1954] INSC 7 (2 February 1954)

Judgement Date : 02 Feb 1954

Citation : 1954 Latest Caselaw 7 SC

Constitution of India
Gwalior

Headnote :

The Madhya Bharat High Court\'s ruling that section 4 (1) (g) and sub-clauses (iv) and (v) of clause 4 of Schedule I of the Madhya Bharat Abolition of Jagirs Act (XXVIII of 1951) were illegal and ineffective was not challenged by either party.However, it was argued that the contested Act (XXVIII of...

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Raj Krushna Bose Vs. Binod Kanungo & Ors [1954] INSC 8 (4 February 1954)

Judgement Date : 04 Feb 1954

Citation : 1954 Latest Caselaw 8 SC

Constitution of India
Representation of the People Act, 1950
Representation of the People Act, 1951

Headnote :

(1) The Supreme Court and High Courts possess broad discretionary powers granted by Articles 136 and 226 of the Constitution, respectively, which cannot be diminished or removed by legislative action. Consequently, Section 105 of the Representation of the People Act, 1951, which states that every or...

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Zamindar of Ettayapuram Vs. The State of Madras [1954] INSC 9 (5 February 1954)

Judgement Date : 05 Feb 1954

Citation : 1954 Latest Caselaw 9 SC

Government of India Act, 1935

Headnote :

The Madras Estates (Abolition and Conversion into Ryotwari) Act, known as Act XXVI of 1948, was enacted by the Provincial Legislature of Madras under the Government of India Act, 1935, and received the approval of the Governor-General of India on April 2, 1949.Following the implementation of the Con...

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The Liquidators of Pursa Limited Vs. Commissioner of Income-Tax, Bihar [1954] INSC 10; (9 February 1954)

Judgement Date : 09 Feb 1954

Citation : 1954 Latest Caselaw 10 SC

Headnote :

The core concept behind the definition of \"business\" in section 2(4) of the Income Tax Act is the ongoing performance of an activity. This same principle is reflected in the phrase \"carried on by him\" found in section 10(1). These crucial terms are vital components in determining the taxable inc...

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The Rajahmundry Electric Supply Corporation Ltd. Vs. The State of Andhra [1954] INSC 11 (10 February 1954)

Judgement Date : 10 Feb 1954

Citation : 1954 Latest Caselaw 11 SC

Constitution of India
Government of India Act, 1935

Headnote :

The Madras Electricity Supply Undertakings (Acquisition) Act (Madras Act XLIII of 1949) exceeded the legislative authority of the Madras Legislature, as there was no provision in any of the three Lists of the Seventh Schedule of the Government of India Act, 1935 that addressed the compulsory acquisi...

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The State of Bihar Vs. Abdul Majid [1954] INSC 12 (11 February 1954)

Judgement Date : 11 Feb 1954

Citation : 1954 Latest Caselaw 12 SC

Code of Civil Procedure, 1908 (CPC)
Government of India Act, 1935

Headnote :

It was determined that the English legal principle preventing a civil servant from suing the State or the Crown for unpaid salary does not apply in India, as it has been overridden by Indian statutory law.Section 240 of the [Government of India Act, 1935](https://www.latestlaws.com/bare-acts/central...

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Ebrahim Vazir Mavat Vs. The State of Bombay & Ors [1954] INSC 13 (15 February 1954)

Judgement Date : 15 Feb 1954

Citation : 1954 Latest Caselaw 13 SC

Constitution of India
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)

Headnote :

The court held (per Justices Mehr Chand Mahajan, Mukherjee, Vivian Bose, and Ghulam Hasan; with Justice S. R. Das dissenting) that Section 7 of the Influx from Pakistan (Control) Act, 1949 is invalid under Article 13(1) as it conflicts with the fundamental rights of Indian citizens under Article 19(...

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Chatturbhuj Vithaldas Jasani Vs. Moreshwar Parashram & Ors [1954] INSC 14 (15 February 1954)

Judgement Date : 15 Feb 1954

Citation : 1954 Latest Caselaw 14 SC

Constitution of India
Government of India Act, 1935
Section 70. Obligation of person enjoying benefit of non-gratuitous act

Headnote :

A contract for the provision of goods does not conclude upon delivery; it remains in effect until payment is received and both parties have fulfilled their obligations under the contract.This principle is supported by the cases O\'Carroll v. Hastings ([1905] 2 I.H. 590) and Satyendrakumar Das v. Cha...

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Behram Khurshed Pesikaka Vs. The State of Bombay [1954] INSC 15 (19 February 1954)

Judgement Date : 19 Feb 1954

Citation : 1954 Latest Caselaw 15 SC

Bombay Prohibition Act, 1949
Constitution of India
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
IPC Section 338. Causing grievous hurt by act endangering life or personal safety of others

Headnote :

The court (as per MEHR CHAND MAHAJAN C. J., MUKHERJEA, VIVIAN BOSE, and GHULAM HASAN JJ., with S. R. DAS J. dissenting) ruled that the Supreme Court\'s declaration in The State of Bombay and Another v. F. N. Balsara(1) rendered clause (b) of section 13 of the Bombay Prohibition Act (XXV of 1949) voi...

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Rao Shiv Rahadur Singh & ANR Vs. The State of Vindhya Pradesh [1954] INSC 16 (5 March 1954)

Judgement Date : 05 Mar 1954

Citation : 1954 Latest Caselaw 16 SC

Constitution of India
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 466. Forgery of record of court or of public register, etc.

Headnote :

Once the investigation into an offense has commenced following the registration of the First Information Report by the Police, any statement made by the accused to the Magistrate cannot be admitted as evidence unless it has been recorded in accordance with section 164 of the Code of Criminal Procedu...

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Sri Sri Sri Kishore Chandra Singh Deo Vs. Babu Ganesh Prasad Bhagat & Ors [1954] INSC 17 (9 March 1954)

Judgement Date : 09 Mar 1954

Citation : 1954 Latest Caselaw 17 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

The term \"resides\" as used in section 33(1)(a) of the Indian Registration Act, 1908 is not explicitly defined in the legislation. It encompasses both permanent and temporary residence.Residence simply implies that an individual eats, drinks, and sleeps at a particular location, and it is not a req...

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Yusuf Abdul Aziz Vs. The State of Bombay and Husseinbhoy Laljee [1954] INSC 18 (10 March 1954)

Judgement Date : 10 Mar 1954

Citation : 1954 Latest Caselaw 18 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 497. Adultery [Declared unconstitutional by Supreme Court of India]

Headnote :

It was determined that section 497 of the Indian Penal Code does not violate articles 14 and 15 of the Constitution.

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V. M. Syed Mohammad and Company Vs. The State of Andhra [1954] INSC 19 (11 March 1954)

Judgement Date : 11 Mar 1954

Citation : 1954 Latest Caselaw 19 SC

Constitution of India
Government of India Act, 1935

Headnote :

It was determined that the Madras General Sales Tax Act (IX of 1939) is not beyond the powers granted by the Government of India Act, 1935, as entry 48 in List II of the Seventh Schedule to the Government of India Act, 1936 is sufficiently broad to encompass a law that imposes a tax on both the purc...

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Suleman Issa Vs. The State of Bombay [1954] INSC 20 (11 March 1954)

Judgement Date : 11 Mar 1954

Citation : 1954 Latest Caselaw 20 SC

Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

Headnote :

According to section 517 of the Code of Criminal Procedure, the court has the authority to issue an order for the disposal of any property or documents that are presented before it, are in its custody, are related to an alleged offense, or were used in the commission of an offense, at the conclusion...

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Sardar Soma Singh & Ors Vs. The State of Pepsu and Union of India [1954] INSC 21 (11 March 1954)

Judgement Date : 11 Mar 1954

Citation : 1954 Latest Caselaw 21 SC

Constitution of India

Headnote :

It was determined that the Patiala and East Punjab States Union General Sales Tax Ordinance, 2006 (No. XXXIII of 2006), which was enacted on November 6, 1949, does not exceed the authority granted by Article 286 (3) of the Constitution.Article 286 (3) specifies that it pertains to a law enacted afte...

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Srimati Oramba Sundari Dasi Vs. Sri Sri Iswar Gopal Jieu [1954] INSC 22 (12 March 1954)

Judgement Date : 12 Mar 1954

Citation : 1954 Latest Caselaw 22 SC

Bengal Money-Lenders Act, 1940

Headnote :

It was determined that in a case under section 36 of the Bengal Money-Lenders Act, 1940, the court does not have the authority to investigate beyond the decree to ascertain whether the recorded decree-holders were actually acting as benamidars for another individual.The scope of section 36 of the Ac...

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The State of Rajasthan Vs. Nath Mal and Mitha Mal [1954] INSC 23 (12 March 1954)

Judgement Date : 12 Mar 1954

Citation : 1954 Latest Caselaw 23 SC

Constitution of India

Headnote :

It was determined that the initial part of clause 25 of the Rajasthan Food Grains Control Order, 1949, which pertains to the freezing of food grain stocks, is not unconstitutional under Article 19(1)(f) of the Constitution. This is because the freezing of food grain stocks is reasonably connected to...

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M. P. Sharma & Ors Vs. Satish Chandra, District Magistrate, Delhi, & Ors [1954] INSC 24 (15 March 1954)

Judgement Date : 15 Mar 1954

Citation : 1954 Latest Caselaw 24 SC

Constitution of India
CrPC Section 165. Search by police officer
CrPC Section 96. Application to High Court to set aside declaration of forfeiture
Indian Penal Code, 1860 (IPC)

Headnote :

It was determined that the search warrant provision under the first alternative of Section 96(1) of the Code of Criminal Procedure does not violate Article 19(1)(f) of the Constitution.A search and seizure represents only a temporary disruption of the right to possess the property being searched and...

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The State of Rajasthan Vs. Rao Manohar Singhji [1954] INSC 25 (15 March 1954)

Judgement Date : 15 Mar 1954

Citation : 1954 Latest Caselaw 25 SC

Constitution of India

Headnote :

The provision S. 8-A, which was added to the Rajasthan Ordinance XXVII of 1948 by section 4 of Rajasthan Ordinance X of 1949 and later amended by section 3 of Rajasthan Ordinance XV of 1949, is deemed invalid under Article 14 of the Constitution.The cases of Frank J. Bowman v. Edward A. Lewis (101 U...

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Himmatlal Harilal Mehtav Vs. The State of Madhya Pradesh & Ors [1954] INSC 26 (16 March 1954)

Judgement Date : 16 Mar 1954

Citation : 1954 Latest Caselaw 26 SC

Constitution of India
Government of India Act, 1935
Sale of Goods Act, 1930

Headnote :

The court ruled that: (i) Explanation II to section 2(g) of the Central Provinces and Berar Sales Tax Act (Act XXI of 1947), as amended by the Central Provinces and Berar Act (Act XVI of 1949), is beyond the legislative powers of the State Legislature.(ii) A threat from the State to collect taxes fr...

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Mahant Sri Jagannath Ramanuj Das & ANR Vs. The State of Orissa & ANR [1954] INSC 27 (16 March 1954)

Judgement Date : 16 Mar 1954

Citation : 1954 Latest Caselaw 27 SC

Constitution of India
Government of India Act, 1935

Headnote :

It was determined that sections 38 and 39, along with the proviso to section 46 of the Orissa Hindu Religious Endowments Act of 1939, as amended by the Amending Act II of 1952, are beyond the powers granted by Articles 19(1)(f), 25, and 26 of the Constitution.Additionally, the annual contribution sp...

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Hem Raj Vs. The State of Ajmer [1954] INSC 28 (17 March 1954)

Judgement Date : 17 Mar 1954

Citation : 1954 Latest Caselaw 28 SC

Constitution of India
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)

Headnote :

The Supreme Court will not exercise its overriding powers under Article 136(1) of the Constitution unless it is demonstrated that exceptional and special circumstances exist, indicating that substantial and grave injustice has occurred, and that the case has sufficient gravity to justify a review of...

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The State of Rajasthan Vs. The Mewar Textile Mills Ltd., Bhilwara & Ors [1954] INSC 29 (17 March 1954)

Judgement Date : 17 Mar 1954

Citation : 1954 Latest Caselaw 29 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

It was determined that according to sections 7(3)(a) and (b) of the Industrial Disputes Act (XIV of 1947), as modified by section 34 of the Industrial Disputes (Appellate Tribunal) Act (XLVIII of 1950), the term \"a Judge of a High Court and a District Judge\" encompasses a Judge of the High Court a...

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M. S. Sheriff Vs. The State of Madras & Ors [1954] INSC 30 (18 March 1954)

Judgement Date : 18 Mar 1954

Citation : 1954 Latest Caselaw 30 SC

CrPC Section 476. Forms
Indian Penal Code, 1860 (IPC)
IPC Section 193. Punishment for false evidence
IPC Section 344. Wrongful confinement for ten or more days

Headnote :

It was determined that an appeal is valid before the Supreme Court under section 476B of the Code of Criminal Procedure against an order from a Division Bench of a High Court that mandates the filing of a perjury complaint.Additionally, it was concluded that pursuing both civil and criminal cases co...

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Ratilal Panachand Gandhi Vs. The State of Bombay & Ors [1954] INSC 31 (18 March 1954)

Judgement Date : 18 Mar 1954

Citation : 1954 Latest Caselaw 31 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950
Constitution of India

Headnote :

It was determined that the provision in Section 44 of the Bombay Public Trust Act, 1950, which allows the court to appoint the Charity Commissioner as a trustee of any public trust without any exceptions for religious institutions such as temples and Maths, is unconstitutional and should be consider...

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Shrinivas Krishnarao Kango Vs. Narayan Devji Kango & Ors [1954] INSC 32 (23 March 1954)

Judgement Date : 23 Mar 1954

Citation : 1954 Latest Caselaw 32 SC

Headnote :

It is a well-established principle that merely proving the existence of a Hindu joint family does not automatically imply that any property held by a family member is joint. The responsibility lies with the person claiming that a property is joint to provide evidence for that assertion. However, if...

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Shyam Lal Vs. The State of Uttar Pradesh [1954] INSC 33 (30 March 1954)

Judgement Date : 30 Mar 1954

Citation : 1954 Latest Caselaw 33 SC

Constitution of India
Government of India Act, 1935

Headnote :

It was determined that Article 465-A and Note I of the Civil Service Regulations concerning the retirement pensions of officers applied to the appellant, who began his service in 1923 as a member of the Indian Service of Engineers. This is because Rule 4 of the new regulations issued by the Governme...

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S.A. Venkataraman Vs. The Union of India & ANR [1954] INSC 34 (30 March 1954)

Judgement Date : 30 Mar 1954

Citation : 1954 Latest Caselaw 34 SC

Constitution of India
CrPC Section 403. Option of court to hear parties
Government of India Act, 1935
Indian Penal Code, 1860 (IPC)
Public Servants (Inquiries) Act, 1850

Headnote :

It was determined that an inquiry conducted and completed under the Public Servants (Inquiries) Act, 1850 (A-at XXXVII of 1850) does not constitute prosecution or punishment for an offense as defined by Article 20(2) of the Constitution.This conclusion is supported by the cases of Maqbool Hussain v....

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Lakshminarayan Ram Gopaland Son Ltd. Vs. The Government of Hyderabad [1954] INSC 35 (1 April 1954)

Judgement Date : 01 Apr 1954

Citation : 1954 Latest Caselaw 35 SC

Headnote :

The distinction between the relationships of master and servant versus principal and agent can be summarized as follows: a principal has the authority to dictate the tasks an agent must perform, while a master possesses the additional authority to dictate how those tasks should be executed.The roles...

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Hem Singh & ANR Vs. Harnam Singh & ANR [1954] INSC 36 (1 April 1954)

Judgement Date : 01 Apr 1954

Citation : 1954 Latest Caselaw 36 SC

Headnote :

It was determined that, according to the Customary Law of the Gurdaspur District (Punjab) applicable to the Gill Jats of village Gillanwali, the adoption of a collateral of the 8th degree is not considered invalid.The response to question 9 in the Customary Law of the Gurdaspur District, which state...

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Gopal Singh & Ors Vs. Ujagar Singh & Ors [1954] INSC 37 (2 April 1954)

Judgement Date : 02 Apr 1954

Citation : 1954 Latest Caselaw 37 SC

Headnote :

It was determined that in the agricultural Jat community of Village Relia, located in the Barnala District of Pepsu State, the sons of daughters will inherit non-ancestral lands that have passed down to their mother, excluding collateral relatives.A gift made by a daughter to her sons is considered...

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M. K. Gopalan & ANR Vs. The State of Madhya Pradesh [1954] INSC 38 (5 April 1954)

Judgement Date : 05 Apr 1954

Citation : 1954 Latest Caselaw 38 SC

Constitution of India
CrPC Section 14. Local Jurisdiction of Judicial Magistrates
CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

The petitioner, an officer of the Madras Government, was assigned to the Central Provinces and Berar to procure grains on behalf of the Madras Government. He, along with several others, faced prosecution before a Special Magistrate in Nagpur (Madhya Pradesh) on charges under section 420 of the India...

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Biswabhusan Naik Vs. The State of Orissa [1954] INSC 39 (7 April 1954)

Judgement Date : 07 Apr 1954

Citation : 1954 Latest Caselaw 39 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)

Headnote :

It was determined that for an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947), it is not required for the sanction to be in any specific form or in writing, nor does it need to detail the facts for which it is granted. However, it is preferable to inc...

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Nathoo Lal Vs. Durga Prasad [1954] INSC 40 (9 April 1954)

Judgement Date : 09 Apr 1954

Citation : 1954 Latest Caselaw 40 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Section 8. TPA, Operation of transfer.

Ram Gopal Vs. Nand Lal & Ors [1950] INSC 31 (14 November 1950)

Headnote :

It is well established that there is no legal basis for the claim that a Hindu female does not receive an absolute or transferable interest in immovable property granted to her, unless such authority is explicitly granted.The law states that there is no presumption in either direction, and there is...

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Shankar Sitaram Sontakke & ANR Vs. Balkrishna Sitaram Sontakke & Ors [1954] INSC 41 (12 April 1954)

Judgement Date : 12 Apr 1954

Citation : 1954 Latest Caselaw 41 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

It is well established that a consent decree is as enforceable for the parties involved as a decree issued against their will.When a compromise is determined to be free from fraud, misrepresentation, misunderstanding, or mistake, the decree resulting from it carries the binding authority of res judi...

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Pandit Chunchun Jha Vs. Sheikh Ebadat Ali & ANR [1954] INSC 42 (14 April 1954)

Judgement Date : 14 Apr 1954

Citation : 1954 Latest Caselaw 42 SC

Headnote :

There is no strict guideline for identifying whether a specific transaction constitutes a mortgage by conditional sale or an outright sale with a condition for repurchase.Each situation must be evaluated based on its unique circumstances. The various rulings from the High Courts on this matter are n...

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Kiran Singh & Ors Vs. Chaman Paswan & Ors [1954] INSC 43 (14 April 1954)

Judgement Date : 14 Apr 1954

Citation : 1954 Latest Caselaw 43 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The principle behind section 11 of the Suits Valuation Act, as well as sections 21 and 99 of the Code of Civil Procedure, is that once a case has been adjudicated by a Court and a judgment has been issued, it should not be overturned solely on technical grounds unless it has resulted in a miscarriag...

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Manilal Mohanlal Shah & Ors Vs. Sardar Sayed Ahmed Sayed Mahmad & ANR [1954] INSC 44 (14 April 1954)

Judgement Date : 14 Apr 1954

Citation : 1954 Latest Caselaw 44 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

It was determined that the requirements outlined in rules 84 and 85 of Order XXI of the Code of Civil Procedure, which mandate the immediate deposit of 25 percent of the purchase price upon being declared the purchaser and the payment of the remaining amount within 16 days of the sale, are compulsor...

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Wuntakal Yalpi Chenabasavana Gowd Vs. Rao Bahadur Y. Mahabaleshwarappa & ANR [1954] INSC 45 (15 April 1954)

Judgement Date : 15 Apr 1954

Citation : 1954 Latest Caselaw 45 SC

Headnote :

Once it is established that a co-sharerâ€™s possession has become adverse to another co-sharer due to ouster, simply claiming joint title by the dispossessed co-sharer will not halt the progression of adverse possession. The dispossessed co-sharer must actively and effectively disrupt the exclusive...

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The Commissioner, Hindu Religious Endowments, Madras Vs. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt [1954] INSC 46 (16 April 1954)

Judgement Date : 16 Apr 1954

Citation : 1954 Latest Caselaw 46 SC

Constitution of India
Madras Hindu Religious and Charitable Endowments Act, 1951

Headnote :

It was determined that sections 21, 30(2), 31, 55, 56, and 63 to 69 of the Madras Hindu Religious and Charitable Endowments Act, 1951 (Madras Act XIX of 1951) are beyond the powers granted by articles 19(1)(f), 25, and 26 of the Constitution of India.Section 76(1) of the Act is invalid because the p...

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The Commissioner of Income-Tax, Bombay South, Bombay Vs. Messrs Ogale Glass Works Ltd., Ogale Wadi [1954] INSC 47 (19 April 1954)

Judgement Date : 19 Apr 1954

Citation : 1954 Latest Caselaw 47 SC

Section 50. Performance in manner or at time prescribed or sanctioned by promise

Headnote :

The assessee, a limited liability company incorporated and operating in an Indian State (outside British India), was classified as a non-resident company under the Indian Income-tax Act. Consequently, its obligation to pay British Indian income-tax was contingent upon its income being received withi...

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Dhirendra Kumar Mandal Vs. The Superintendent [1954] INSC 48 (20 April 1954)

Judgement Date : 20 Apr 1954

Citation : 1954 Latest Caselaw 48 SC

Constitution of India
CrPC Section 228. Framing of charge
CrPC Section 269. Officer in charge of prison to abstain from carrying out order in certain contingencies
Indian Penal Code, 1860 (IPC)
IPC Section 467. Forgery of valuable security, will, etc.

Headnote :

Trial by jury is certainly one of the most important rights available to an accused individual, yet it is not explicitly guaranteed by the Constitution. Section 269(1) of the Code of Criminal Procedure serves as an enabling provision, allowing the State Government to mandate that the trial of all of...

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Chhote Khan Vs. Mal Khan & Ors [1954] INSC 49 (21 April 1954)

Judgement Date : 21 Apr 1954

Citation : 1954 Latest Caselaw 49 SC

Headnote :

It was determined that an entry concerning an agreement in a Wajib-ul-arz is valid only for the duration of the Settlement and does not extend beyond the Settlement period.The cases of Hira and Others v. Muhamadi and Others (16 P.R. 1915 at P. 89), Allah Bakhsh and Others v. Mirza Bashir-ud-Din and...

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Wazir Chand Vs. The State of Himachal Pradesh [1954] INSC 50 (22 April 1954)

Judgement Date : 22 Apr 1954

Citation : 1954 Latest Caselaw 50 SC

Constitution of India
CrPC Section 165. Search by police officer

Headnote :

The regulations concerning search and seizure by the Indian police are outlined in sections 51, 96, 98, and 165 of the Code of Criminal Procedure, 1898. None of these sections apply to the specific facts and circumstances of this case.Any seizure of a citizen\'s property by the Indian police that is...

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