Caselaw | Supreme Court Judgements of december 1954

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Budhan Choudhry and Other Vs. The State of Bihar [1954] INSC 114 (2 December 1954)

Judgement Date : 02 Dec 1954

Citation : 1954 Latest Caselaw 114 SC

Constitution of India
CrPC Section 28. Sentences which High Courts and Sessions Judges may pass
CrPC Section 30. Sentence of imprisonment in default of fine
Indian Penal Code, 1860 (IPC)

Headnote :

It is well-settled that while Article 14 of the Constitution forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) the classification mus...

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Naresh Charan Das Gupta Vs. Paresh Charan Das Gupta [1954] INSC 115 (2 December 1954)

Judgement Date : 02 Dec 1954

Citation : 1954 Latest Caselaw 115 SC

Indian Succession Act, 1925

Headnote :

When once it has been proved that a will has been executed with due solemnities by a person of competent understanding and apparently a free agent, the burden of proving that it was executed under undue influence is on the person who alleges it. It is well-settled that it is not every influence w...

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Pandurang, Tukia and Bhillia Vs. The State of Hyderabad [1954] INSC 116 (3 December 1954)

Judgement Date : 03 Dec 1954

Citation : 1954 Latest Caselaw 116 SC

CrPC Section 377. Appeal by the State Government against sentence
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 302. Punishment for murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

It is well-settled that common intention in s. 34 of tile Indian Penal Code presupposes prior concert. It requires a prearranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have boon done in furtherance of the common intention of them all. Acc...

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Duni Chand Rataria Vs. Bhuwalka Brothers Ltd. [1954] INSC 117 (3 December 1954)

Judgement Date : 03 Dec 1954

Citation : 1954 Latest Caselaw 117 SC

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

Headnote :

Delivery has been defined in s. 2 (2) of Indian Sale of Goods Act, 1930, as meaning voluntary transfer of Possession from one per- 1072 son to another and it includes not only actual delivery but also symbolical or constructive delivery within the meaning of the term. The expression "actual...

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Captain Ganpati Singhji Vs. The State of Ajmer & ANR [1954] INSC 118 (3 December 1954)

Judgement Date : 03 Dec 1954

Citation : 1954 Latest Caselaw 118 SC

Constitution of India

Headnote :

Under s. 40 of the Ajmer Laws Regulation of 1877 (Reg. III of 1877) the Chief Commissioner is empowered, among other things, to make rules about................. the establishment of a proper system of conservancy and sanitation at fairs.............................. The first three sub-rules of Rul...

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Bhataraju Nageshw Ara Rao Vs. The Hon'ble Judges of The Madrashigh Court & Ors [1954] INSC 119 (3 December 1954)

Judgement Date : 03 Dec 1954

Citation : 1954 Latest Caselaw 119 SC

Headnote :

It is wrong and inappropriate to implead the Judges of the High Court as respondents in an appeal preferred to the Supreme Court by an Advocate against whom an order of suspension was passed by the High Court under s. 12 of the Indian Bar Councils Act, 1926. In such appeal the proper respondents are...

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The Bengal Immunity Company Limited Vs. The State of Bihar & Ors [1954] INSC 120 (4 December 1954)

Judgement Date : 04 Dec 1954

Citation : 1954 Latest Caselaw 120 SC

Constitution of India
Government of India Act, 1935
Gwalior
Indian Penal Code, 1860 (IPC)
Sale of Goods Act, 1930

Poppatlal Shah Vs. The State of Madras [1953] INSC 27 (30 March 1953)
State of Travancore-Cochin & Ors Vs. Shanmugha Vilas Cashew Nut Factory & Ors [1953] INSC 40 (8 May 1953)

Headnote :

The appellant company, having its registered office in Calcutta and its factory and laboratory in the District of 24-Parganas in West Bengal, carried on the business of manufacturing and selling sera, vaccines, biological products and medicines. It was registered as a dealer under the Bengal Finance...

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Dhirendra Chandra Pal Vs. Associated Bank of Tripura Ltd. [1954] INSC 121 (6 December 1954)

Judgement Date : 06 Dec 1954

Citation : 1954 Latest Caselaw 121 SC

Headnote :

The object of the Banking Companies Act, 1949 is to provide a machinery for expeditious and speedy termination of proceedings in liquidation and in the absence of any specific provisions of the Act to the contrary or any rules framed by the High Court under s. 45-G of the Act (inserted by Act XX of...

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Hari Vishnu Kamath Vs. Syed Ahmad Ishaque & Ors [1954] INSC 122 (9 December 1954)

Judgement Date : 09 Dec 1954

Citation : 1954 Latest Caselaw 122 SC

Constitution of India
Government of India Act, 1935

Headnote :

Article 226 of the Constitution confers on High Courts power to issue appropriate writs to any person or authority within their territorial jurisdiction, in terms absolute and unqualified, and Election Tribunals functioning within the territorial jurisdiction of the High Courts would fall within the...

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Gurunath Alias Bhimaji Vs. Kamalabai, Kom Kenchangaudanadgaudar & Ors [1954] INSC 123 (10 December 1954)

Judgement Date : 10 Dec 1954

Citation : 1954 Latest Caselaw 123 SC

Headnote :

It is well-settled according to Hindu Law that a widow's power to adopt comes to an end by the interposition of a grandson or the son's widow competent to continue the line by adoption. The mother's authority to adopt is not extinguished by the mere fact that her son had attained cere...

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H. N. Rishbud and Inder Singh Vs. The State of Delhi [1954] INSC 124 (14 December 1954)

Judgement Date : 14 Dec 1954

Citation : 1954 Latest Caselaw 124 SC

CrPC Section 11. Courts of Judicial Magistrates
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 190. Cognizance of offences by Magistrates
Indian Penal Code, 1860 (IPC)
IPC Section 420. Cheating and dishonestly inducing delivery of property

Headnote :

Held, that s. 5(4) and proviso to s. 3 of the Prevention of Corruption Act, 1947 (II of 1947) and the corresponding s. 5-A of the Prevention of Corruption (Second Amendment) Act, 1952 (LIX of 1952) are mandatory and not directory and that an investigation conducted in violation thereof is illegal....

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Sri Monohar Das Mohanta Vs. Charu Chandra Pal & Ors [1954] INSC 125 (20 December 1954)

Judgement Date : 20 Dec 1954

Citation : 1954 Latest Caselaw 125 SC

Headnote :

A presumption of a lost grant arises in favour of a person who does not claim adversely to the owner but who on the other hand proves ancient and continued possession in assertion of a title derived from the owner without any challenge and such possession and assertion cannot be accounted for except...

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Shreekantiah Ramayya Munipalli Vs. The State of Bombay [1954] INSC 126 (22 December 1954)

Judgement Date : 22 Dec 1954

Citation : 1954 Latest Caselaw 126 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The three accused-Government servants-were jointly charged with an offence punishable under s. 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under s. 409 of the Indian Pena...

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