Caselaw | Supreme Court Judgements of march 1954

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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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