Caselaw | Supreme Court Judgements of may 1954

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The Sales Tax Officer, Pilibhit Vs. Messrs. Budh Prakash Jai Prakash [1954] INSC 56 (3 May 1954)

Judgement Date : 03 May 1954

Citation : 1954 Latest Caselaw 56 SC

Constitution of India
Government of India Act, 1935

Headnote :

It was determined that there is a clear and established difference between a sale and an agreement to sell.The phrase \"Taxes on the sale of goods\" in entry No. 48, List II, Schedule VII of the Government of India Act, 1935, grants the Provincial Legislature the authority to impose a tax only when...

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T. C. Basappa Vs. T. Nagappa & ANR [1954] INSC 57 (5 May 1954)

Judgement Date : 05 May 1954

Citation : 1954 Latest Caselaw 57 SC

Constitution of India

Headnote :

The concept of prerogative writs such as habeas corpus, mandamus, quo warranto, prohibition, and certiorari originated in England, stemming from the King\'s prerogative power to oversee the lawful conduct of his officials and tribunals.The Supreme Court and all High Courts in India possess extensive...

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Nar Singh & ANR Vs. The State of Uttar Pradesh [1954] INSC 58 (5 May 1954)

Judgement Date : 05 May 1954

Citation : 1954 Latest Caselaw 58 SC

Constitution of India
Indian Penal Code, 1860 (IPC)

Headnote :

Out of the 24 individuals initially tried under sections 302/149, etc. of the Indian Penal Code, only three were ultimately convicted by the High Court. However, the High Court mistakenly convicted N, one of the three, whom it actually intended to acquit. Subsequently, the High Court informed the Go...

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Aftab Ahmad Khan Vs. The State of Hyderabad [1954] INSC 59 (6 May 1954)

Judgement Date : 06 May 1954

Citation : 1954 Latest Caselaw 59 SC

Constitution of India
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 233. Entering upon defence
CrPC Section 235. Judgment of acquittal or conviction
Indian Penal Code, 1860 (IPC)
IPC Section 384. Punishment for extortion

Headnote :

Section 233 of the Code of Criminal Procedure (Act V of 1898) outlines the general principle regarding the joining of charges, stating that each distinct offence should have a separate charge, and each charge should be tried independently. The purpose of this section is to prevent the accused from f...

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Babulal Amthalal Mehta Vs. The Collector of Customs, Calcutta [1954] INSC 60 (8 May 1954)

Judgement Date : 08 May 1954

Citation : 1954 Latest Caselaw 60 SC

Constitution of India

Headnote :

Section 178-A of the Sea Customs Act, which assigns the responsibility of demonstrating that goods believed to be smuggled are not actually so to the individual from whom they are seized, is not discriminatory and does not infringe upon the equal protection of the law as guaranteed by Article 14 of...

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Kishan Lal & ANR Vs. Bhanwar Lal [1954] INSC 61 (12 May 1954)

Judgement Date : 12 May 1954

Citation : 1954 Latest Caselaw 61 SC

Constitution of India
Section 222. Agent to be indemnified against consequences of lawful acts

Headnote :

The respondent, acting as the principal, entered into multiple forward contracts for buying and selling bullion through the appellant\'s firm in Indore, which served as commission agents for the respondent. These transactions led to a loss, and the appellants, who were required to cover the loss to...

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The State of Madhya Pradesh Vs. G. C. Mandawar [1954] INSC 62 (13 May 1954)

Judgement Date : 13 May 1954

Citation : 1954 Latest Caselaw 62 SC

Constitution of India

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

Headnote :

In 1948, the Government of Central Provinces and Berar (now Madhya Pradesh) established a dearness allowance scale for its employees. This scale was nearly identical to that set by the Central Government for salaries exceeding Rs. 400 per month, but it was lower for salaries of Rs. 400 or less. A go...

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Tolaram Relumal & ANR Vs. The State of Bombay [1954] INSC 63 (13 May 1954)

Judgement Date : 13 May 1954

Citation : 1954 Latest Caselaw 63 SC

Constitution of India
Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

Section 18(1) of the Bombay Rents Control Act, 1947 states: \"If any landlord, either personally or through someone acting on their behalf, receives any fine, premium, or similar payment, deposit, or any consideration other than the standard rent concerning the grant, renewal, or continuation of a l...

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Harishankar Bagla & ANR Vs. The State of Madhya Pradesh [1954] INSC 64 (14 May 1954)

Judgement Date : 14 May 1954

Citation : 1954 Latest Caselaw 64 SC

Constitution of India

Headnote :

Clause 3 of the Cotton Textile (Control of Movement) Order, 1948, issued by the Central Government under section 3 of the Essential Supplies (Temporary Powers) Act, 1946, does not strip a citizen of the right to sell or transport cotton textiles that he has purchased. It mandates that he obtain a pe...

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E. D. Sassoon and Company Ltd. Vs. The Commissioner of Income-Tax, Bombay City [1954] INSC 65 (14 May 1954)

Judgement Date : 14 May 1954

Citation : 1954 Latest Caselaw 65 SC

Section 219. When agent’s remuneration becomes due

Headnote :

The Sassoons had entered into three Managing Agency agreements, acting as Managing Agents for three distinct companies.During the accounting year, they formally assigned and transferred their Managing Agencies to three other companies through deeds of assignment on various dates.The key issue to res...

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The Dominion of India & ANR Vs. Shrinbai A. Irani & ANR [1954] INSC 66 (14 May 1954)

Judgement Date : 14 May 1954

Citation : 1954 Latest Caselaw 66 SC

Headnote :

On April 15, 1943, three shop rooms were requisitioned under the Defence of India Rules. The requisition order specified that the property would remain requisitioned for the duration of the current war and for six months thereafter, or for a shorter period as determined by the Food Controller in Bom...

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The State of Madras Vs. C. G. Menon & ANR [1954] INSC 67 (19 May 1954)

Judgement Date : 19 May 1954

Citation : 1954 Latest Caselaw 67 SC

Constitution of India
CrPC Section 432. Power to suspend or remit sentences

Headnote :

Following the attainment of independence and the implementation of the new Constitution, India emerged as a Sovereign Democratic Republic and could no longer be classified as a British possession or categorized under an Order-in-Council among those possessions as defined by Section 12 of the Fugitiv...

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Durga Shankar Mehta Vs. Thakur Raghuraj Singh & Ors [1954] INSC 68 (19 May 1954)

Judgement Date : 19 May 1954

Citation : 1954 Latest Caselaw 68 SC

Constitution of India

Headnote :

Article 136 of the Constitution is phrased in the broadest terms, granting the Supreme Court comprehensive authority to entertain and hear appeals by providing special leave against any judgment or order issued by any Court or Tribunal in any matter. This power can be exercised regardless of specifi...

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Vashist Narain Sharma Vs. Dev Chandra & Ors [1954] INSC 69 (20 May 1954)

Judgement Date : 20 May 1954

Citation : 1954 Latest Caselaw 69 SC

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

Headnote :

The phrase \"the result of the election has been materially affected\" found in section 100 (1) (c) of the Representation of the People Act, 1951, suggests that the outcome should not be assessed solely based on the increase or decrease in the total votes received by the winning candidate. Instead,...

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Moran Mar Basselios Catholicos & ANR Vs. The Most Rev. Mar Poulose Athanasius & Ors [1954] INSC 70 (21 May 1954)

Judgement Date : 21 May 1954

Citation : 1954 Latest Caselaw 70 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The provisions of the Travancore Code of Civil Procedure closely resemble those of Order 47, rule 1, of the Code of Civil Procedure 1908, and any application for review is limited by the specific terms outlined in that rule.The phrase \"any other sufficient reason\" refers to a reason that is adequa...

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Rattan Anmol Singh & ANR Vs. Atma Ram & Ors [1954] INSC 71 (21 May 1954)

Judgement Date : 21 May 1954

Citation : 1954 Latest Caselaw 71 SC

Representation of the People Act, 1951

Headnote :

According to section 33(1) of the Representation of the People Act, 1951, every nomination paper must be \"subscribed\" by both a proposer and a seconder. In cases where the proposer and seconder are illiterate, as in the current situation, and use thumbprints instead of signatures, the nomination p...

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Kalishanker Das & ANR Vs. Dhirendra Nath Patra & Ors [1954] INSC 72 (21 May 1954)

Judgement Date : 21 May 1954

Citation : 1954 Latest Caselaw 72 SC

Headnote :

It is a well-established principle in Hindu law that no one has a vested right as long as the widow is alive and the eventual reversioner does not claim through a predecessor.The interest of a Hindu widow in the properties she inherits does not parallel what is known as an equitable estate in Englis...

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Rajnarain Singh Vs. The Chairman, Patna Administration Committee [1954] INSC 73 (21 May 1954)

Judgement Date : 21 May 1954

Citation : 1954 Latest Caselaw 73 SC

Constitution of India
Delhi Laws Act, 1912

Headnote :

An executive authority may be granted the power by a statute to amend either current or future laws, but such modifications cannot alter any fundamental aspects. While it is difficult to define what constitutes an essential feature in broad terms, it is evident that modifications must not involve a...

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K. N. Guruswamy Vs. The State of Mysore & Ors [1954] INSC 74 (24 May 1954)

Judgement Date : 24 May 1954

Citation : 1954 Latest Caselaw 74 SC

Constitution of India

Headnote :

The appellant G and the fourth respondent T were competing liquor contractors for a liquor contract for the year 1953-54 in the State of Mysore. The contract was auctioned by the Deputy Commissioner, who had the authority to do so under the Mysore Excise Act of 1901. G submitted the highest bid, and...

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Satya Dev Bushahri* Vs. Padam Dev & Ors [1954] INSC 75 (25 May 1954)

Judgement Date : 25 May 1954

Citation : 1954 Latest Caselaw 75 SC

Headnote :

Section 17 of Act XLIX of 1951 stipulates that an individual disqualified from being elected to either House of Parliament under any Act of Parliament is also disqualified from being elected to the State Assembly. Therefore, applying the criteria that disqualifies a person from membership in either...

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The State of Bombay Vs. Bombay Education Society & Ors [1954] INSC 76 (26 May 1954)

Judgement Date : 26 May 1954

Citation : 1954 Latest Caselaw 76 SC

Constitution of India

Headnote :

The Education Society of Bombay (respondent No. 1) operates a recognized Anglo-Indian School known as Barnes High School in Deolali, which receives financial support from the State of Bombay. The Directors of the school are J and G, and English is the medium of instruction used there, as it is the m...

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Mr. 'G', A Senior Advocate of The Supreme Court Vs. The Hon'ble Chief Justice and Judges of The High Court [1954] INSC 77 (27 May 1954)

Judgement Date : 27 May 1954

Citation : 1954 Latest Caselaw 77 SC

Headnote :

An order issued under section 10(2) of the Indian Bar Councils Act, 1926, to a designated officer of the Court can be made orally and does not have to be in writing.According to section 10(2), the High Court has the authority to refer a case on its own initiative.

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In The Matter of Mr. 'G' A Senior Advocate of The Supreme Court [1954] INSC 78 (27 May 1954)

Judgement Date : 27 May 1954

Citation : 1954 Latest Caselaw 78 SC

Army Act, 1950
Legal Practitioners (Fees) Act, 1926

Headnote :

The action of a Supreme Court Advocate entering into an agreement with a client, where the client agrees to pay a portion of any recoveries made in the legal proceedings for which the Advocate is engaged, constitutes professional misconduct. This behavior subjects the Advocate to disciplinary measur...

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Seth Jagjivan Mavji Vithlani Vs. Messrs Ranchhoddas Meghji [1954] INSC 79 (28 May 1954)

Judgement Date : 28 May 1954

Citation : 1954 Latest Caselaw 79 SC

Negotiable Instruments Act, 1881
NI Act, Section 32. Liability of maker of note and acceptor of bill
NI Act, Section 7. Drawer, drawee

Headnote :

According to section 32 of the Negotiable Instruments Act, 1881, the drawee\'s liability only arises upon acceptance of the bill. The Act does not state that the drawee is liable on the instrument itself, with the sole exception being under section 31, which applies when a drawee of a cheque has suf...

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Suraj Mall Mohta and Co. Vs. A. Vs. Visvanatha Sastri & ANR [1954] INSC 80 (28 May 1954)

Judgement Date : 28 May 1954

Citation : 1954 Latest Caselaw 80 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Evidence Act, 1872

Headnote :

Sub-section (4) of section 5 of the Taxation on Income (Investigation Commission) Act, 1947, addresses a different group of individuals than those identified in sub-section (1) of the same section, who are characterized as having significantly evaded income tax payments. A straightforward interpreta...

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