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, the owner of a permanent cinema theatre in the Tanjore District, was granted a license by the District Magistrate, Tanjore, subject to certain conditions imposed by him in pursuance of 2 notifications (G. 0. Mis. 1054, Home, dated 28th March, 1948, and G. O. Mis. 3422 dated 15th Septe...

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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 an applicant in one of the writ petitions which had been filed in the Supreme Court challenging the validity of U. P. Road Transport Act, 1951. During the hearing of the writ petitions a leaflet printed in the Hindi language and instituted "Our Transport Department" p...

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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 were tried and convicted for offences under ss. 392 and 332 of the Indian Penal Code committed when they were exporting certain essential supplies, the export of which was prohibited and constituted an offence under s. 7 of the Essential Supplies (Temporary Powers) Act, 1946. It was c...

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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 is, in substance, a reproduction of s. 107(2) of the Government of India Act, 1935, the concluding portion whereof is incorporated in a proviso with further additions. The principle embodied therein is that when there is legislation covering the same ground both by...

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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 :

Held, that the validity of the Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949) cannot be questioned on the ground that it takes away or abridges the fundamental rights conferred by the Constitution of India in view of enactment of art. 31-B which has been inserted in the Consti...

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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 accused of an offence under the Indian Penal Code and committed in a district which after the partition of India became part of Pakistan cannot be tried for that offence by a Criminal Court in India after his migration to India and acquiring thereafter the status of a citizen of India. T...

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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 has its origin, apart from statute, in dedication either express or implied, by the owner of land of a right of passage over it to the public and the acceptance thereof by the public. Dedication is presumed by long and uninterrupted user of a way by the public. The presumption in such case...

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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 of ss. 3, 4 and 5 of the Minimum Wages Act (XI of 1948) empower the appropriate Government to fix the minimum rate of wages in an industrial dispute between the employer and the employed and it is a criminal offence not to pay the wages thus fixed under the Act. Held, that the rest...

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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 words 'law in force' as used in Art. 372 of the Constitution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law. An order made by the Governor-General under s. 94(3) of the Government of India Act, 1935, investing...

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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 section of the Bar seems to be labouring under an erroneous impression that when an advocate is acting in the interests of his client or in accordance with his instructions he is discharging his legitimate duty towards him even when he signs an application or a pleading which contains matter scand...

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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 :

Uttar Pradesh Food-grains (Futures and Options Prohibition) Order, 1951, made it illegal and a punishable offence for any person to enter into any futures in pulses other than gram, or to pay or receive or to agree to pay or receive any margin relating to such futures. By s. 9 of that Order the Orde...

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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 :

Held, (modifying the view of law taken in Civil Appeal No. 52 of 1954) that in view of section 3(8) of the General Clauses Act, 1897, a contract with the Chief Commissioner in a Part C State (in this case Himachal Pradesh Chief Commissioner) is a contract with the Central Government and that would b...

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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 of a. 6(c) (d) and (e) of the General Clauses Act, 1897 (same as s. 4 of the Punjab General Clauses Act, 1898) relating to the consequences of the repeal of a law are applicable not only when an Act Regulation is repealed simpliciter but also to a case of repeal and simultaneous enact...

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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 by amending s. 34 of the Indian Income tax Act, 1922, by passing the Indian Income-tax (Amendment) Act (XXXIII of 1954) has now provided that oases of those very persons who originally fell within the ambit of s. 5(1) of Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947...

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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 business man, was alleged to have made huge profits during the years of War and the Central Government acting under s. 5(1) of the Taxation on Income (Investigation Commission) Act, 1947 (XXX of 1947) referred his case to the Investigation Commission for investigation and report. D...

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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 :

Held, that as there is a special provision in Art. 265 of the Constitution that no tax shall be levied or collected except by authority of law, clause (1) of Art. 31 must be regarded as concerned with deprivation of property otherwise than by the imposition or collection of tax and as the right conf...

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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 :

Investigation in this case was started on the 20th April, 1951, under the City of Bombay Police Act (Bombay Act IV of 1902), the provisions of the-, Code of Criminal Procedure being then inapplicable to Bombay City Police by virtue of s. I (2)(a) of the Code. In 1951, the Bombay Police Act (Bombay A...

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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 :

As condition precedent to the applicability of section 10-A of the Excess Profits Tax Act, 1940, it must be proved that during the chargeable accounting period the assessee was carrying on the kind of business to which the Act applies by virtue of section 5 of the Act. Section 2(5) of the Act sta...

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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 a. 2(1) of the Indian Income. tat Act, 1922, signifies income proximately derived from direct association with land by a person who actually tills the land or 877 gets it cultivated by others. Agricultural income does not mean income which can be ultimately or indir...

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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 word 'discovers' in s. 15 of the Excess Profits Tax Act, 1940, is not limited to facts discovered, which existed during the relevant chargeable accounting period for which assessment is reopened under the section but also includes facts so discovered which came into existence subsequent...

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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 charged under section 161 of the Indian Penal Code, and it is alleged that the illegal gratification was taken by him for doing or procuring an official act, it is not necessary for the Court to consider whether or not the accused as public servant was capable of doing or in...

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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 :

It is not possible to define with any precision the limitations of the powers conferred on the Supreme Court by Art. 136 of the Constitution. This is an overriding and exceptional power and should be exercised sparingly and with caution and only in special and extraordinary situation. Beyond this...

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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, the owner of a small establishment in Ahmedabad, employs three workers, does business in a very small way by going to certain local mills, collecting orders from them for spare parts, manufacturing the parts so ordered in his workshop, delivering them to the mills when ready and colle...

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