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Thaivalappil Kunjuvaru Vareed Vs. The State of Travancore-Cochin [1955] INSC 69 (1 December 1955)

Judgement Date : 01 Dec 1955

Citation : 1955 Latest Caselaw 69 SC

Constitution of India
Government of India Act, 1935

Headnote :

A death sentence imposed on the appellant by the Sessions Judge of Trichur (now part of the United State of Travancore Cochin, previously the State of Cochin) was upheld by the High Court. Mercy petitions submitted to the Raj Pramukh of Travancore-Cochin and the President of India were denied. The i...

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Chandi Prasad Singh Vs. The State of Uttar Pradesh [1955] INSC 70 (7 December 1955)

Judgement Date : 07 Dec 1955

Citation : 1955 Latest Caselaw 70 SC

CrPC Section 234. Arguments
CrPC Section 235. Judgment of acquittal or conviction
CrPC Section 307. Power to direct tender of pardon
Indian Penal Code, 1860 (IPC)

Headnote :

The appellant was tried by the Sessions Judge, assisted by assessors, for an offense under Section 409 of the Indian Penal Code (I.P.C.) for misappropriating funds received as a promoter of a company from three different individuals intended for share allotment, which were not deposited into the com...

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Tilkeshwar Singh & Ors Vs. The State of Bihar [1955] INSC 71 (8 December 1955)

Judgement Date : 08 Dec 1955

Citation : 1955 Latest Caselaw 71 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

While the joint recording of witness statements during an investigation violates section 161(3) of the Code of Criminal Procedure and should be condemned, this violation alone does not make the witnesses\' testimony in court inadmissible. It is ultimately up to the court to determine whether to cons...

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Jayaram Vithoba & ANR Vs. The State of Bombay [1955] INSC 72 (13 December 1955)

Judgement Date : 13 Dec 1955

Citation : 1955 Latest Caselaw 72 SC

CrPC Section 233. Entering upon defence
Indian Penal Code, 1860 (IPC)
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 498. Enticing or taking away or detaining with criminal intent a married woman

Headnote :

The first appellant was charged under section 5 of the Bombay Prevention of Gambling Act (Bombay Act IV of 1887) for being present in a gaming house for gaming purposes, and additionally under section 4(a) of the Act for operating a gaming house. The Presidency Magistrate, who presided over the tria...

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K.C. Mathew & Ors Vs. The State of Travancore-Cochin [1955] INSC 73 (15 December 1955)

Judgement Date : 15 Dec 1955

Citation : 1955 Latest Caselaw 73 SC

CrPC Section 225. Trial to be conducted by Public Prosecutor
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellants were tried alongside others in the Court of Sessions. The charges against them detailed their involvement in forming an unlawful assembly, outlined the common objective, specified the role of each accused, and listed ten sections of the Travancore Penal Code, including those correspon...

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Rajahmundry Electric Supply corporation Ltd. Vs. A. Nageswara Rao & Ors [1955] INSC 74 (16 December 1955)

Judgement Date : 16 Dec 1955

Citation : 1955 Latest Caselaw 74 SC

Headnote :

The first respondent submitted an application under sections 162(v) and (vi) of the Indian Companies Act, seeking the winding up of the Company. The grounds for this request included allegations of mismanagement of the Company\'s affairs and misappropriation of its funds by the directors.Alternative...

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The Union of India Vs. The Commercial Tax Officer, West Bengal & Ors [1955] INSC 75 (19 December 1955)

Judgement Date : 19 Dec 1955

Citation : 1955 Latest Caselaw 75 SC

Constitution of India

Headnote :

According to S. R. DAS, ACTING C.J., along with VIVIAN BOSE, BHAGWATI, and JAGANNADHADAS JJ., with SINHA J. dissenting, the exemption outlined in section 5(2)(a)(iii) of the Bengal Finance (Sales Tax) Act of 1941 must be interpreted narrowly and cannot be applied to sales made to government departme...

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M.Ct. Muthiah & Ors Vs. The Commissioner of Income-Tax, Madras & ANR [1955] INSC 76 (20 December 1955)

Judgement Date : 20 Dec 1955

Citation : 1955 Latest Caselaw 76 SC

Constitution of India

Headnote :

Held (per S. R. DAs, Acting C.J., Vivian Bose, Bhagwati, and B.P. Sinha, JJ., with Jagannadhadas J. dissenting) that Section 5(1) of the Taxation on Income (Investigation Commission) Act, 1947 (Act XXX of 1947) is unconstitutional as it is discriminatory and violates the fundamental right guaranteed...

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A. Thangal Kunju Musaliar Vs. M. Venkitachalam Potti & ANR [1955] INSC 77 (20 December 1955)

Judgement Date : 20 Dec 1955

Citation : 1955 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
General Clauses Act, 1897

Headnote :

The petitioners, who are from Quilon in the Travancore State, were assessed for income tax for the years 1942 and 1943, with the final assessment orders issued by the Chief Revenue authority of Travancore in December 1946 and November 1946, respectively. The Travancore Taxation on Income (Investigat...

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P. L. Lakhanpal Vs. The State of Jammu and Kashmir [1955] INSC 78 (20 December 1955)

Judgement Date : 20 Dec 1955

Citation : 1955 Latest Caselaw 78 SC

Constitution of India

Headnote :

The petitioner was held in Kothibagh sub-jail in Srinagar under an order from the Jammu and Kashmir Government, pursuant to section 3(1)(a)(i) of the Jammu and Kashmir Preventive Detention Act, 2011. The petitioner contested the detention order on several grounds, including: (i) it infringed upon hi...

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Aher Raja Khima Vs. The State of Saurashtra [1955] INSC 79 (22 December 1955)

Judgement Date : 22 Dec 1955

Citation : 1955 Latest Caselaw 79 SC

CrPC Section 342. Power to order court
CrPC Section 417. Power to appoint place of imprisonment
CrPC Section 430. Return of warrant on execution of sentence
Indian Penal Code, 1860 (IPC)
IPC Section 447. Punishment for criminal trespass

Surajpal Singh & Ors Vs. The State [1951] INSC 62 (20 December 1951)

Headnote :

According to BOSE and CHANDRASEKHARA AIYAR JJ. (with VENKATKRAMA AYYAR J. dissenting), it is well established that the High Court should not overturn an acquittal under section 417 of the Code of Criminal Procedure merely because it disagrees with the trial Court\'s evaluation of the evidence. There...

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Pradyat Kumar Bose Vs. The Hon'ble The Chief Justice of Calcutta High Court [1955] INSC 80 (23 December 1955)

Judgement Date : 23 Dec 1955

Citation : 1955 Latest Caselaw 80 SC

Constitution of India
Government of India Act, 1935

Headnote :

The appellant was appointed as the Registrar and Accountant-General of the Calcutta High Court by the Chief Justice in March 1948, and his position was confirmed in November 1948. However, he was dismissed from this role effective September 1, 1951, by an order from the Chief Justice dated September...

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J.K. Iron and Steel Co. Ltd., Kanpur Vs. The Iron and Steel Mazdoor Union, Kanpur [1955] INSC 81 (23 December 1955)

Judgement Date : 23 Dec 1955

Citation : 1955 Latest Caselaw 81 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

It was determined that adjudication by an adjudicator under the Industrial Disputes Act does not strictly adhere to the traditional law of master and servant. An adjudicator\'s award can include terms for resolving disputes that a court, bound by standard law, could not impose. Therefore, the scope...

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