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Ronald Wood Mathams Vs. State of West Bengal [1954] INSC 51 (22 April 1954)

Judgement Date : 22 Apr 1954

Citation : 1954 Latest Caselaw 51 SC

Headnote :

If the accused has not been provided a reasonable opportunity to present his evidence, without any fault of his own, as mandated by Section 257 of the Code of Criminal Procedure, 1898, then a fair trial cannot be said to have occurred, and the accused cannot be convicted, even if the prosecution\'s...
Shri Audh Behari Singh Vs. Gajadhar Jaipuria & Ors [1954] INSC 52 (23 April 1954)

Judgement Date : 23 Apr 1954

Citation : 1954 Latest Caselaw 52 SC

Headnote :

It was determined that a local custom of pre-emption exists in the city of Banaras, granting this right to all house properties located within the city. There is no evidence of any custom that restricts this right solely to individuals who are either natives of Banaras or reside there.When a right o...
Dinabandhu Sahu Vs. Jadumoni Mangaraj & Ors [1954] INSC 53 (25 April 1954)

Judgement Date : 25 Apr 1954

Citation : 1954 Latest Caselaw 53 SC

Headnote :

The Supreme Court, when adjudicating appeals under Article 136 of the Constitution, does not function as a court of further appeal regarding factual matters. It refrains from interfering with findings based on evidence unless those findings are deemed perverse or unsupported by any evidence, particu...
Srimati Ashalata Debi & Ors Vs. Sri Jadu Nath Roy & Ors [1954] INSC 54 (26 April 1954)

Judgement Date : 26 Apr 1954

Citation : 1954 Latest Caselaw 54 SC

Headnote :

Paragraph 4(2) of the Indian Independence (Legal Proceedings) Order, 1947 states:\"4. Despite the establishment of certain new Provinces and the transfer of specific territories from the Province of Assam to the Province of East Bengal under the Indian Independence Act, 1947...............(2) Any ap...
Virendra Singh & Ors Vs. The State of Uttar Pradesh [1954] INSC 55 (29 April 1954)

Judgement Date : 29 Apr 1954

Citation : 1954 Latest Caselaw 55 SC

Headnote :

In January 1948, the petitioners were awarded Jagirs and Muafis by the Ruler of Sarila State for one village and by the Ruler of Charkhari State for three villages. In March 1948, a Union of 35 States, including Sarila and Charkhari, was established as the United State of Vindhya Pradesh. The Vindhy...
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

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

Judgement Date : 05 May 1954

Citation : 1954 Latest Caselaw 57 SC

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...
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

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...
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

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...
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

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

Judgement Date : 12 May 1954

Citation : 1954 Latest Caselaw 61 SC

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...
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

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...
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

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...
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

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...
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

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...
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...
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

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...
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

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

Judgement Date : 20 May 1954

Citation : 1954 Latest Caselaw 69 SC

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,...
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

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...
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

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...
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...
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

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...
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

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...
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...
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

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...
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.
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

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...
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

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...
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

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...
Jumuna Prasad Mukhariya & Ors Vs. Lachhi Ram & Ors [1954] INSC 81 (28 September 1954)

Judgement Date : 28 Sep 1954

Citation : 1954 Latest Caselaw 81 SC

Headnote :

It was determined that sections 123(5) and 124(5) of the Representation of the People Act (XLIII of 1951) do not violate article 19(1)(a) of the Constitution.
Rananjaya Singh Vs. Baijnath Singh & Ors [1954] INSC 82 (29 September 1954)

Judgement Date : 29 Sep 1954

Citation : 1954 Latest Caselaw 82 SC

Headnote :

Section 123(7) of the Representation of the People Act, 1951, clearly states that for an act to be considered a corrupt practice, any excess expenditure must be incurred or authorized by the candidate or their agent, and the hiring of additional personnel must also be done by the candidate or their...
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

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...
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...
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

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

Judgement Date : 08 Oct 1954

Citation : 1954 Latest Caselaw 86 SC

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...
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

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

Judgement Date : 12 Oct 1954

Citation : 1954 Latest Caselaw 88 SC

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...
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

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...
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

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...
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

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...
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...
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

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

Judgement Date : 20 Oct 1954

Citation : 1954 Latest Caselaw 95 SC

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...
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

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...
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

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...
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

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...
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

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...
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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