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Suraj Pal Vs. The State of Uttar Pradesh [1955] INSC 10 (1 March 1955)

Judgement Date : 01 Mar 1955

Citation : 1955 Latest Caselaw 10 SC

CrPC Section 226. Opening case for prosecution
CrPC Section 237. Procedure in cases instituted under section 199(2)
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 147. Punishment for rioting
IPC Section 148. Rioting, armed with deadly weapon
IPC Section 302. Punishment for murder
IPC Section 307. Attempt to murder

Headnote :

If an individual has been charged alongside others under sections 302 and 307 of the Indian Penal Code, solely in conjunction with section 149 of the Code, then their convictions and sentences for the main offenses under sections 302 and 307 are flawed. The lack of specific charges in this regard re...

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The Divisional Engineer, G.I.P. Railway Vs. Mahadeo Raghoo & ANR [1955] INSC 11 (2 March 1955)

Judgement Date : 02 Mar 1955

Citation : 1955 Latest Caselaw 11 SC

Payment of Wages Act, 1936
Payment of Wages Act, 1936

Headnote :

The Railway Board, part of the Ministry of Railways of the Government of India, implemented a scheme starting from November 1, 1947, which provided compensatory (city) allowances and house rent allowances at specified rates to certain Railway employees, including the first respondent, who had been e...

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A.V. D'costa Vs. B. C. Patel & ANR [1955] INSC 12 (4 March 1955)

Judgement Date : 04 Mar 1955

Citation : 1955 Latest Caselaw 12 SC

Code of Civil Procedure, 1908 (CPC)
Payment of Wages Act, 1936
Payment of Wages Act, 1936

Headnote :

The second respondent had been employed by the Central Railway as a daily rated casual laborer at specified daily wages since 1941, receiving these wages until October 1949. In that month, he submitted a claim through an official of the Registered Trade Union, as permitted by the authority under sub...

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Jugalkishore Saraf Vs. Raw Cotton Co. Ltd. [1955] INSC 13 (7 March 1955)

Judgement Date : 07 Mar 1955

Citation : 1955 Latest Caselaw 13 SC

Code of Civil Procedure, 1908 (CPC)
Section 130. TPA, Transfer of actionable claim.
Section 3. TPA, Interpretation clause.
Section 5. TPA, “Transfer of property” defined.
Section 8. TPA, Operation of transfer.

Headnote :

H & S initiated a lawsuit against the appellant to recover funds, and while the case was ongoing, a document was executed on February 7, 1949, in which H & S assigned all their book debts and other receivables, along with any related securities and properties, to the respondents in connection with t...

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Bhim Sen Vs. The State of U. P [1955] INSC 14 (15 March 1955)

Judgement Date : 15 Mar 1955

Citation : 1955 Latest Caselaw 14 SC

CrPC Section 5. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 379. Punishment for theft

Headnote :

A Magistrate convicted three individuals under section 379 of the Indian Penal Code for theft valued at Rs. 3, imposing a fine of Rs. 25/- on each.The key issue was whether the case should have been adjudicated by a Panchayat Adalat established under the U. P. Panchayat Raj Act, 1947, which would me...

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Shivnandan Sharma Vs. The Punjab National Bank Ltd. [1955] INSC 15 (15 March 1955)

Judgement Date : 15 Mar 1955

Citation : 1955 Latest Caselaw 15 SC

Headnote :

The appellant was appointed as the head cashier at one of the branches of the respondent Bank by the Treasurers responsible for the Cash Department, based on an agreement between them. The issue at hand was whether the appellant was considered an employee of the Bank.It was determined that: (i) the...

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Sahu Madho Das & Ors Vs. Pandit Mukand Ram & ANR [1955] INSC 16 (22 March 1955)

Judgement Date : 22 Mar 1955

Citation : 1955 Latest Caselaw 16 SC

Headnote :

A family arrangement can be legally inferred from a long-standing pattern of interactions between the parties involved.It is well established that a compromise or family arrangement is predicated on the understanding that the parties have some prior claim or title, and the agreement clarifies and de...

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Sangram Singh Vs. Election Tribunal, Kotah,Bhurey Lal Baya [1955] INSC 17 (22 March 1955)

Judgement Date : 22 Mar 1955

Citation : 1955 Latest Caselaw 17 SC

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

Raj Krushna Bose Vs. Binod Kanungo & Ors [1954] INSC 8 (4 February 1954)

Headnote :

Despite the stipulation in section 105 of the Representation of the People Act (Act XLIII) of 1951 that all orders made by an Election Tribunal under the Act are final and conclusive, both the High Court and the Supreme Court possess unrestricted authority to review whether the tribunal has acted le...

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The State of Bihar Vs. M. Homi & ANR [1955] INSC 18 (24 March 1955)

Judgement Date : 24 Mar 1955

Citation : 1955 Latest Caselaw 18 SC

Indian Penal Code, 1860 (IPC)

Headnote :

In a surety bond, the sureties committed to pay Rs. 50,000 \"only if Mr. Ali Khan fails to surrender to the Deputy Commissioner of Singhbhum within three days of receiving the notice of the order or judgment from the Judicial Committee, provided that the sentence is upheld either in whole or in part...

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Shiromani Gurdwara Parbandhak committee Vs. Lt. Sardar Raghbir Singh & Ors [1955] INSC 19 (24 March 1955)

Judgement Date : 24 Mar 1955

Citation : 1955 Latest Caselaw 19 SC

Headnote :

The plaintiff, which is the Committee of Management for all Gurudwaras located within the Municipal limits of Amritsar, excluding the Gurudwara Sri Akal Takht Sahib, was established before 1930. According to section 85(2) of the Sikh Gurudwaras Act (Punjab Act VIII of 1925), it became the relevant C...

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Seth Thawardas Pherumal Vs. The Union of India [1955] INSC 20 (24 March 1955)

Judgement Date : 24 Mar 1955

Citation : 1955 Latest Caselaw 20 SC

Indian Contract Act, 1872
Section 9. Promise, express and implied

Headnote :

The appellant, a contractor, entered into a contract with the Dominion of India for the supply of bricks, which included a clause mandating that any disputes arising from the contract be submitted to arbitration.When disputes emerged, the issue was referred to arbitration, resulting in an award favo...

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U.J.S. Chopra Vs. State of Bombay [1955] INSC 21 (25 March 1955)

Judgement Date : 25 Mar 1955

Citation : 1955 Latest Caselaw 21 SC

Constitution of India
CrPC Section 407. Power of High Court to transfer cases and appeals
CrPC Section 430. Return of warrant on execution of sentence
CrPC Section 439. Special powers of High Court or Court of Session regarding bail

Headnote :

The appellant in this case was found guilty by the Presidency Magistrate in Bombay of violating section 66(b) of the Bombay Prohibition Act (Act XXV of 1949) and was sentenced to imprisonment until the court adjourned, along with a fine of Rs. 250, or, if unable to pay, to one month of rigorous impr...

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N. Satyanathan Vs. K. Subramanyan & Ors [1955] INSC 22 (29 March 1955)

Judgement Date : 29 Mar 1955

Citation : 1955 Latest Caselaw 22 SC

Constitution of India
Representation of the People Act, 1951

Headnote :

The issue to be resolved in this appeal was whether the appellant was disqualified under section 7(d) of the Representation of the People Act, 1951 from being elected to the House of the People.The relevant part of section 7(d) of the Act states:\"A person shall be disqualified from being chosen as...

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