Caselaw | Supreme Court Judgements of october 1954

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R. M. Seshadri Vs. The District Magistrate, Tanjore, & ANR [1954] INSC 83 (1 October 1954)

Judgement Date : 01 Oct 1954

Citation : 1954 Latest Caselaw 83 SC

Constitution of India

Headnote :

The appellant, who owns a permanent cinema theater in the Tanjore District, received a license from the District Magistrate of Tanjore, which was subject to certain conditions set forth in two notifications (G. O. Mis. 1054, Home, dated March 28, 1948, and G. O. Mis. 3422 dated September 15, 1948) i...

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Re: Hira Lal Dixit & Ors [1954] INSC 84 (1 October 1954)

Judgement Date : 01 Oct 1954

Citation : 1954 Latest Caselaw 84 SC

Headnote :

The petitioner was one of the applicants in a writ petition filed in the Supreme Court, contesting the legitimacy of the U.P. Road Transport Act of 1951.During the proceedings of the writ petitions, a leaflet titled \"Our Transport Department,\" allegedly authored by the petitioner, was distributed...

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Kunjilal & ANR Vs. The State of Madhya Pradesh [1954] INSC 85 (8 October 1954)

Judgement Date : 08 Oct 1954

Citation : 1954 Latest Caselaw 85 SC

CrPC Section 403. Option of court to hear parties
Indian Penal Code, 1860 (IPC)
IPC Section 332. Voluntarily causing hurt to deter public servant from his duty

Headnote :

The appellants faced trial and were convicted for offenses under sections 392 and 332 of the Indian Penal Code related to the illegal export of certain essential supplies, which was prohibited and constituted an offense under section 7 of the Essential Supplies (Temporary Powers) Act, 1946. The appe...

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Zaverbhai Amaidas Vs. The State of Bombay [1954] INSC 86 (8 October 1954)

Judgement Date : 08 Oct 1954

Citation : 1954 Latest Caselaw 86 SC

Constitution of India
CrPC Section 429. Saving
Government of India Act, 1935

Headnote :

Article 254(2) of the Constitution essentially mirrors section 107(2) of the Government of India Act, 1935, with its concluding part included in a proviso along with additional modifications. The principle it establishes is that when both the Centre and the State enact legislation on the same subjec...

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Dhirubha Devisingh Gohil Vs. The State of Bombay [1954] INSC 87 (11 October 1954)

Judgement Date : 11 Oct 1954

Citation : 1954 Latest Caselaw 87 SC

Constitution of India
Government of India Act, 1935

Headnote :

It was determined that the legitimacy of the Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949) cannot be contested on the basis that it infringes upon or limits the fundamental rights granted by the Constitution of India. This is due to the introduction of Article 31-B in the Con...

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Central Bank of India Vs. Ram Narain [1954] INSC 88 (12 October 1954)

Judgement Date : 12 Oct 1954

Citation : 1954 Latest Caselaw 88 SC

Constitution of India
CrPC Section 439. Special powers of High Court or Court of Session regarding bail
Indian Penal Code, 1860 (IPC)
IPC Section 4. Extension of Code to extra-territorial offences

Headnote :

A person who is accused of an offense under the Indian Penal Code and whose actions took place in a district that became part of Pakistan after the partition of India cannot be prosecuted for that offense by a Criminal Court in India after they have migrated to India and subsequently obtained Indian...

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Saghir Ahmad Vs. The State of U. P. & Ors [1954] INSC 89 (13 October 1954)

Judgement Date : 13 Oct 1954

Citation : 1954 Latest Caselaw 89 SC

Constitution of India

Headnote :

A highway originates not only from statutory provisions but also from the express or implied dedication by a landowner granting the public a right of passage, which is accepted by the public. Long and uninterrupted use of a path by the public creates a presumption of dedication, so strong that it el...

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Bijay Cotton Mills Ltd. Vs. The State of Ajmer [1954] INSC 90 (14 October 1954)

Judgement Date : 14 Oct 1954

Citation : 1954 Latest Caselaw 90 SC

Constitution of India

Headnote :

The provisions outlined in sections 3, 4, and 5 of the Minimum Wages Act (XI of 1948) grant the appropriate Government the authority to establish the minimum wage rates in cases of industrial disputes between employers and employees. Failing to pay the wages set by this Act constitutes a criminal of...

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The Edward Mills Co. Ltd., Beawar, & Ors Vs. The State of Ajmer & ANR [1954] INSC 91 (14 October 1954)

Judgement Date : 14 Oct 1954

Citation : 1954 Latest Caselaw 91 SC

Constitution of India
Government of India Act, 1935
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The phrase \'law in force\' as mentioned in Article 372 of the Constitution is broad enough to encompass not only legislative acts but also any regulation or order that possesses the force of law.An order issued by the Governor-General under section 94(3) of the [Government of India Act, 1935](https...

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M. Y. Shareef & ANR Vs. The Hon'ble Judges of The High Court of Nagpur & Ors [1954] INSC 92 (15 October 1954)

Judgement Date : 15 Oct 1954

Citation : 1954 Latest Caselaw 92 SC

Headnote :

A segment of the Bar appears to be under a mistaken belief that when an advocate acts in the best interests of their client or follows their instructions, they are fulfilling their legitimate duty, even if they sign an application or pleading that includes content that is scandalous to the Court. Th...

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The Chamber of Commerce, Hapur, & Ors Vs. The State of Uttar Pradesh & Ors [1954] INSC 93 (18 October 1954)

Judgement Date : 18 Oct 1954

Citation : 1954 Latest Caselaw 93 SC

Constitution of India

Headnote :

The Uttar Pradesh Food-grains (Futures and Options Prohibition) Order of 1951 made it illegal and punishable for anyone to engage in futures trading of pulses other than gram, or to pay or receive any margin related to such futures. Section 9 of this Order repealed the earlier 1945 Order that had si...

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Satya Dev Bushahri Vs. Padam Dev & Ors [1954] INSC 94 (18 October 1954)

Judgement Date : 18 Oct 1954

Citation : 1954 Latest Caselaw 94 SC

Headnote :

It was determined (modifying the legal perspective established in Civil Appeal No. 52 of 1954) that according to section 3(8) of the General Clauses Act, 1897, a contract made with the Chief Commissioner of a Part C State (specifically the Chief Commissioner of Himachal Pradesh in this instance) is...

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State of Punjab Vs. Mohar Singh [1954] INSC 95 (20 October 1954)

Judgement Date : 20 Oct 1954

Citation : 1954 Latest Caselaw 95 SC

Constitution of India
CrPC Section 438. Direction for grant of bail to person apprehending arrest
General Clauses Act, 1897

Headnote :

The provisions outlined in sections 6(c), (d), and (e) of the General Clauses Act, 1897 (which correspond to section 4 of the Punjab General Clauses Act, 1898) regarding the effects of repealing a law apply not only when a law is simply repealed but also in instances where a law is repealed and simu...

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The State of Bombay Vs. Bhanji Munji & ANR [1954] INSC 96 (21 October 1954)

Judgement Date : 21 Oct 1954

Citation : 1954 Latest Caselaw 96 SC

Constitution of India

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

Headnote :

Parliament has amended section 34 of the Indian Income Tax Act, 1922, through the Indian Income-tax (Amendment) Act (XXXIII of 1954), allowing cases of individuals who initially fell under section 5(1) of the Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947) and were considered a...

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Dewan Bahadur Seth Gopal Das Mohta Vs. The Union of India & ANR [1954] INSC 97 (21 October 1954)

Judgement Date : 21 Oct 1954

Citation : 1954 Latest Caselaw 97 SC

Constitution of India

Headnote :

The petitioner, a businessman, was accused of generating substantial profits during the war years. Consequently, the Central Government, under section 5(1) of the Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947), referred his case to the Investigation Commission for examination...

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Laxmanappa Hanumantappa Jamkhandi Vs. The Union of India & ANR [1954] INSC 98 (21 October 1954)

Judgement Date : 21 Oct 1954

Citation : 1954 Latest Caselaw 98 SC

Business Profits Tax Act, 1947
Constitution of India

Headnote :

It was determined that, since Article 265 of the Constitution contains a specific provision stating that no tax shall be levied or collected without the authority of law, clause (1) of Article 31 should be interpreted as relating to the deprivation of property that is not due to the imposition or co...

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Ramkishan Mithanlal Sharma Vs. The State of Bombay [1954] INSC 99 (22 October 1954)

Judgement Date : 22 Oct 1954

Citation : 1954 Latest Caselaw 99 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 297. Authorities before whom affidavits may be sworn
Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
IPC Section 395. Punishment for dacoity
IPC Section 396. Dacoity with murder

Headnote :

The investigation in this matter commenced on April 20, 1951, under the City of Bombay Police Act (Bombay Act IV of 1902), as the provisions of the Code of Criminal Procedure were not applicable to the Bombay City Police due to section 1(2)(a) of the Code. In 1951, the Bombay Police Act (Bombay Act...

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Narain Swadeshi Weaving Mills Vs. The Commissioner of Excess Profits Tax [1954] INSC 100 (23 October 1954)

Judgement Date : 23 Oct 1954

Citation : 1954 Latest Caselaw 100 SC

Headnote :

For section 10-A of the Excess Profits Tax Act, 1940 to apply, it must be demonstrated that the assessee was engaged in a type of business relevant to the Act during the chargeable accounting period, as specified in section 5 of the Act.According to section 2(5) of the Act, the term \"business\" enc...

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Bacha F. Guzdar Vs. Commissioner of Income-Tax, Bombay [1954] INSC 101 (28 October 1954)

Judgement Date : 28 Oct 1954

Citation : 1954 Latest Caselaw 101 SC

Headnote :

Agricultural income, as defined in section 2(1) of the Indian Income Tax Act of 1922, refers to income that is directly derived from land by an individual who either cultivates the land themselves or has it cultivated by others. It does not include income that can be traced back to agricultural acti...

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India United Mills Ltd. Vs. Commissioner of Excess Profits Tax, Bombay [1954] INSC 102 (28 October 1954)

Judgement Date : 28 Oct 1954

Citation : 1954 Latest Caselaw 102 SC

Headnote :

The term \'discovers\' in section 15 of the Excess Profits Tax Act, 1940, is not restricted to facts that were known to exist during the relevant chargeable accounting period for which the assessment is being reopened; it also encompasses facts that were discovered which emerged after that accountin...

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Mahesh Prasad Vs. The State of Uttar Pradesh [1954] INSC 103 (29 October 1954)

Judgement Date : 29 Oct 1954

Citation : 1954 Latest Caselaw 103 SC

Indian Penal Code, 1860 (IPC)

Headnote :

When a public servant is accused under section 161 of the Indian Penal Code, and it is claimed that he received illegal gratification for performing or facilitating an official act, the Court does not need to determine whether the accused, as a public servant, had the ability or intention to perform...

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Dhakeswar1 Cotton Mills Ltd. Vs. Commissioner of Income Tax, West Bengal [1954] INSC 104 (29 October 1954)

Judgement Date : 29 Oct 1954

Citation : 1954 Latest Caselaw 104 SC

Constitution of India

Headnote :

Defining the exact limitations of the powers granted to the Supreme Court by Article 136 of the Constitution is not feasible. This power is exceptional and should be used judiciously and sparingly, only in unique and extraordinary circumstances.Moreover, there is no fixed formula or rule that can re...

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Kalidas Dhanjibhai Vs. The State of Bombay [1954] INSC 105 (29 October 1954)

Judgement Date : 29 Oct 1954

Citation : 1954 Latest Caselaw 105 SC

Bombay Shops and Establishments Act, 1948
Bombay Shops and Establishments Act, 1948

Headnote :

The appellant, who owns a small business in Ahmedabad, employs three workers and operates on a very limited scale. He visits local mills to take orders for spare parts, manufactures those parts in his workshop, delivers them to the mills when they are ready, and collects payment there. No buying or...

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