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Mahant Salig Ram Vs. Musammat Maya Devi [1955] INSC 1 (21 January 1955)

Judgement Date : 21 Jan 1955

Citation : 1955 Latest Caselaw 1 SC

Headnote :

It is now firmly established that the prevailing custom in Punjab dictates that a daughter has priority over collaterals in inheriting her father\'s self-acquired property. Consequently, the initial burden of proof lies with the collaterals to demonstrate that a specific local custom exists which ex...
D. P. Joshi Vs. The State of Madhya Bharat & ANR [1955] INSC 3 (27 January 1955)

Judgement Date : 27 Jan 1955

Citation : 1955 Latest Caselaw 3 SC

Headnote :

The Government of Madhya Bharat introduced a new rule for admissions to the Mahatma Gandhi Memorial Medical College in Indore, replacing the previous rule after taking over the college\'s administration from a private committee.According to the new rule, no capitation fee will be charged for student...
The Automobile Products of India Ltd. Vs. Rukmaji Bala & Ors [1955] INSC 4 (3 February 1955)

Judgement Date : 03 Feb 1955

Citation : 1955 Latest Caselaw 4 SC

Headnote :

It was determined that: (i) the primary jurisdiction of the Labour Appellate Tribunal established under the Industrial Disputes (Appellate Tribunal) Act, 1950 is appellate in nature; (ii) Section 22 of the Act grants the appellate tribunal a special jurisdiction akin to original jurisdiction; (iii)...
The State of Bihar Vs. Kumar Amar Singh & Ors [1955] INSC 5 (10 February 1955)

Judgement Date : 10 Feb 1955

Citation : 1955 Latest Caselaw 5 SC

Headnote :

The pertinent section of Article 5 of the Constitution states: \"At the commencement of this Constitution, every individual who has their domicile in the territory of India and who was born in the territory of India shall be considered a citizen of India.\" Article 7 of the Constitution specifies:...
Shyabuddinsab Mohidinsab Akki Vs. The Gadag Betgeri Municipal Borough & Ors [1955] INSC 6 (22 February 1955)

Judgement Date : 22 Feb 1955

Citation : 1955 Latest Caselaw 6 SC

Headnote :

The first respondent, a Municipality governed by the Municipal Boroughs Act of 1925 (Bombay Act XVIII of 1925), is composed of 32 councilors, with S (the appellant) being one of them. The last general election for the Municipality was held on May 7, 1951. The councilors\' term was set for three year...
Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta & Ors [1955] INSC 7 (23 February 1955)

Judgement Date : 23 Feb 1955

Citation : 1955 Latest Caselaw 7 SC

Headnote :

The petitioner, a citizen of West Germany, was subjected to preventive detention by an order from the West Bengal Government under section 3(1)(b) of the Preventive Detention Act of 1950. This action was taken on the grounds that he was classified as a foreigner under the Foreigners Act of 1946, and...
The Collector of Bombay Vs. Nusserwanji Rattanji Mistri & Ors [1955] INSC 8 (28 February 1955)

Judgement Date : 28 Feb 1955

Citation : 1955 Latest Caselaw 8 SC

Headnote :

In the island of Bombay, certain lands were held under a tenure known as \"Foras\". According to section 2 of the Bombay Act VI of 1851, the occupants had the right to retain these lands by paying only the revenue that was due at that time. Between 1864 and 1867, the Government of India acquired the...
Amrik Singh Vs. The State of Pepsu [1955] INSC 9 (28 February 1955)

Judgement Date : 28 Feb 1955

Citation : 1955 Latest Caselaw 9 SC

Headnote :

Not every offense committed by a public servant necessitates sanction for prosecution under section 197(1) of the Code of Criminal Procedure, nor does every action taken while performing official duties require it. However, if the act in question is directly related to his official responsibilities,...
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

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...
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

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...
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

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

Judgement Date : 07 Mar 1955

Citation : 1955 Latest Caselaw 13 SC

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...
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

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...
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...
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...
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

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...
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

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...
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...
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

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...
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

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

Judgement Date : 29 Mar 1955

Citation : 1955 Latest Caselaw 22 SC

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...
Shiva Jute Baling Ltd. Vs. Hindley & Co. Ltd. [1955] INSC 23 (5 April 1955)

Judgement Date : 05 Apr 1955

Citation : 1955 Latest Caselaw 23 SC

Headnote :

On May 25, 1954, the Supreme Court issued an order granting the petitioners special leave to appeal against the judgment and order of the Calcutta High Court. Following this order, the petitioners deposited the required security amounts within the specified timeframe. However, the Registrar of the H...
Rao Shiva Bahadur Singh Vs. The State of Vindhya Pradesh & ANR [1955] INSC 24 (5 April 1955)

Judgement Date : 05 Apr 1955

Citation : 1955 Latest Caselaw 24 SC

Headnote :

It was determined (per MUKHERJEA C.J., DAS, VIVIAN BOSE, and IMAM JJ., with SINHA J. dissenting) that a Constitution Bench consisting of five or more Judges, to which a case is initially assigned, has the authority to divide the case by addressing the constitutional issues while allowing the remaini...
Maharaj Umeg Slng & Ors Vs. The State of Bombay & Ors [1955] INSC 25 (6 April 1955)

Judgement Date : 06 Apr 1955

Citation : 1955 Latest Caselaw 25 SC

Headnote :

According to Articles 246(2) and (3) of the Constitution, a State Legislature possesses comprehensive authority to legislate on matters listed in Lists II and III of the Seventh Schedule. The legislative power of the State Legislature can only be limited by explicit prohibitions found within the Con...
Raj Kali Kuer Vs. Ram Rattan Pandey [1955] INSC 26 (7 April 1955)

Judgement Date : 07 Apr 1955

Citation : 1955 Latest Caselaw 26 SC

Headnote :

While a woman is personally barred from serving as a Pujari for the Shastrically installed and consecrated idols in temples, the practice of a Hindu woman inheriting a priestly position and having the duties carried out by a qualified deputy is widely accepted. This practice does not contradict Hind...
Thakur Amar Singhji Vs. State of Rajasthan [1955] INSC 27 (15 April 1955)

Judgement Date : 15 Apr 1955

Citation : 1955 Latest Caselaw 27 SC

Headnote :

The legislation that became the Rajasthan Land Reforms and Resumption of Jagirs Act was drafted within the Ministerial Department of the Government of Rajasthan. It received approval from the Rajpramukh on February 8, 1952, and was subsequently reserved for the President\'s consideration, who grante...
Anil Behari Ghosh Vs. Smt. Latika Bala Dassi & Ors [1955] INSC 28 (15 April 1955)

Judgement Date : 15 Apr 1955

Citation : 1955 Latest Caselaw 28 SC

Headnote :

The phrase \"defective in substance\" as used in Explanation el. (a) to section 263 of the Indian Succession Act, 1925 indicates that the defect significantly impacted the regularity and accuracy of the prior proceedings.In typical cases, failing to issue citations to individuals who should have bee...
The Registrar of Trade Marks Vs. Ashok Chandra Rakhit Ltd. [1955] INSC 29 (15 April 1955)

Judgement Date : 15 Apr 1955

Citation : 1955 Latest Caselaw 29 SC

Headnote :

The exercise of the authority granted to the Registrar under section 13 of the Trade Marks Act is always a matter of discretion that must be exercised judiciously, based on established principles applicable to all judicial discretion, rather than in a capricious or arbitrary manner.The presence of t...
Messrs Chatturam Horilram Ltd. Vs. Commissioner of Income Tax, Bihar And Orissa [1955] INSC 30 (18 April 1955)

Judgement Date : 18 Apr 1955

Citation : 1955 Latest Caselaw 30 SC

Headnote :

The appellant in this case had been assessed for Income Tax, which was subsequently reduced on appeal. However, the Income Tax Appellate Tribunal later annulled this assessment, stating that the Indian Finance Act of 1939 was not applicable during the assessment year in Chota Nagpur. Following a ref...
M. K. Ranganathan & ANR Vs. Government of Madras & Ors [1955] INSC 31 (20 April 1955)

Judgement Date : 20 Apr 1955

Citation : 1955 Latest Caselaw 31 SC

Headnote :

The secured creditor is not affected by the winding-up process and can realize their security without needing permission from the winding-up Court. However, if the creditor initiates a lawsuit or other legal actions to realize their security, they must seek permission from the winding-up Court as ma...
The Delhi Cloth And General Mills Co., Ltd. Vs. Harnam Singh & Ors [1955] INSC 32 (21 April 1955)

Judgement Date : 21 Apr 1955

Citation : 1955 Latest Caselaw 32 SC

Headnote :

During the relevant years, cloth was subject to rationing in Lyallpur, which was then part of the Punjab in undivided India. Sales were restricted to government nominees and other authorized individuals. The plaintiffs, who resided in Lyallpur, were government nominees. The defendant company, which...
Om Prakash Gupta Vs. The State of Uttar Pradesh [1955] INSC 33 (21 April 1955)

Judgement Date : 21 Apr 1955

Citation : 1955 Latest Caselaw 33 SC

Headnote :

The appellant, who was part of the United Provinces Civil (Executive) Service, was suspended from his position starting August 24, 1944, while an inquiry into his conduct was conducted. Following the inquiry and the Commissioner\'s report, the Government issued an order on November 25, 1944, dismiss...
Rai Sahib Ram Jawaya Kapur& Ors Vs. The State of Punjab [1955] INSC 34 (22 April 1955)

Judgement Date : 22 Apr 1955

Citation : 1955 Latest Caselaw 34 SC

Headnote :

For an extended period before 1950, textbooks for recognized schools in Punjab were created by private publishers using their own funds and arrangements, which were then submitted for government approval. The government approved various books for each subject as alternatives, allowing headmasters of...
Bhikaji Keshao Joshi & ANR Vs. Brijlal Nandlal Biyani & Ors [1955] INSC 35 (2 May 1955)

Judgement Date : 02 May 1955

Citation : 1955 Latest Caselaw 35 SC

Headnote :

The appellants, who are two electors from the Akola Constituency of the Madhya Pradesh State Assembly, initiated an Election Petition against Respondent No. 1, the winning candidate from the election held on December 13, 1951, along with three other respondents who were validly nominated but lost th...
Sucheta Kripalani Vs. Shri S. S. Dulat, I.C.S [1955] INSC 36 (6 September 1955)

Judgement Date : 06 Sep 1955

Citation : 1955 Latest Caselaw 36 SC

Headnote :

The Representation of the People Act and its associated Rules delineate separate and distinct roles for the Election Commission and an Election Tribunal regarding the reporting of election expenses.In cases where serious allegations of corrupt practices arise, the Tribunal, as established by law, ha...
S. Khader Sheriff Vs. Munnuswami Gounder & Ors [1955] INSC 37 (15 September 1955)

Judgement Date : 15 Sep 1955

Citation : 1955 Latest Caselaw 37 SC

Headnote :

The appellant, who contested and won the election as a Congress candidate, submitted an application to the Tamil Nadu Congress Committee on September 12, 1951, seeking party nomination to run as a Congress candidate in the upcoming election. He paid a total of Rs. 500, which included Rs. 100 for mem...
Tirath Singh Vs. Bachittar Singh & Ors [1955] INSC 38 (15 September 1955)

Judgement Date : 15 Sep 1955

Citation : 1955 Latest Caselaw 38 SC

Headnote :

In an election petition, if the respondent argued that the allegations were vague and lacked specifics, but did not request any details that he was entitled to ask for, and was not shown to be misled or prejudiced in his defense, he could not claim that the petition should be dismissed due to non-co...
Chattanatha Karayalar Vs. Ramachandra Iyer & ANR [1955] INSC 39 (19 September 1955)

Judgement Date : 19 Sep 1955

Citation : 1955 Latest Caselaw 39 SC

Headnote :

In Hindu Law, there is no assumption that a business owned by a member of a Hindu joint family is considered a joint family business, even if that member is the manager or the father.There is a distinction between a father initiating a new business and a mere manager doing so. The debts incurred by...
M. Vs. The State of Madhya Pradesh & ANR [1955] INSC 40 (20 September 1955)

Judgement Date : 20 Sep 1955

Citation : 1955 Latest Caselaw 40 SC

Headnote :

The petitioners operate a large-scale business in the production and sale of bidis, with their headquarters located in Jabalpur, Madhya Pradesh. They are registered as \"dealers\" under the Central Provinces and Berar Sales Tax Act of 1947. As part of their operations, the petitioners import substan...
M/S. Ram Narain Sons Ltd. Vs. Asst. Commissioner of Sales Tax & Ors [1955] INSC 41 (20 September 1955)

Judgement Date : 20 Sep 1955

Citation : 1955 Latest Caselaw 41 SC

Headnote :

The ruling, delivered by S. B. DAs ACTING CHIEF JUSTICE, BHGWATI, JAFER, and IMAM and CHANDRASEKHARA AIYAR JJ. (with JAGANNADHADAS J. dissenting), states that the restrictions imposed by Article 286 of the Constitution on the taxing authority of the States are distinct and independent. Each restrict...
The Tropical Insurance Co. Ltd. & Ors Vs. The Union of India & ANR [1955] INSC 42 (22 September 1955)

Judgement Date : 22 Sep 1955

Citation : 1955 Latest Caselaw 42 SC

Headnote :

The petitioners, two insurance companies engaged in both life and general insurance, challenged the legitimacy of notifications issued against them under Section 52-A of the Insurance Act. They argued that this section was solely applicable to life insurance and that the government lacked the author...
State of Madras & ANR Vs. K.M. Rajagopalan [1955] INSC 43 (27 September 1955)

Judgement Date : 27 Sep 1955

Citation : 1955 Latest Caselaw 43 SC

Headnote :

The respondent was selected for the Indian Civil Service through open competition in 1936 and began his duties in the Province of Madras in October 1937. He served under the Government of Madras in various roles, with his final position being Sub-Collector of Dindigal. He took leave in June 1947, du...
Shri Kishan Singh & Ors Vs. The State of Rajasthan & Ors [1955] INSC 44 (27 September 1955)

Judgement Date : 27 Sep 1955

Citation : 1955 Latest Caselaw 44 SC

Headnote :

The petitioners, who are jagirdars from Marwar, challenged the constitutional validity of sections 81 to 86 of the Marwar Land Revenue Act, which establish a framework for determining fair and equitable rents for cultivating tenants. They argued that these provisions violated their fundamental right...
Machander, Son of Pandurang Vs. State of Hyderabad [1955] INSC 45 (27 September 1955)

Judgement Date : 27 Sep 1955

Citation : 1955 Latest Caselaw 45 SC

Headnote :

The appellant faced trial for murder, which lasted for four and a half years. His brother, who was also accused, fled. The evidence against the appellant was circumstantial. Although he confessed eight days after his arrest, leading to some discoveries, the trial court did not question him about thi...
Bed Raj Vs. The State of Uttar Pradesh [1955] INSC 46 (28 September 1955)

Judgement Date : 28 Sep 1955

Citation : 1955 Latest Caselaw 46 SC

Headnote :

A question regarding sentencing is a matter of discretion, and it is well established that when discretion is exercised appropriately within accepted judicial standards, an appellate court should refrain from interfering to the disadvantage of an accused person unless there are compelling reasons cl...
Deonandan Mishra Vs. The State of Bihar [1955] INSC 47 (28 September 1955)

Judgement Date : 28 Sep 1955

Citation : 1955 Latest Caselaw 47 SC

Headnote :

The level of proof necessary to convict someone based on circumstantial evidence is clearly defined by a series of Supreme Court rulings. This standard dictates that the circumstances used to support the conviction must be thoroughly established, and the evidence provided by these circumstances must...
Bhikaji Narain Dhakras & Ors Vs. The State of Madhya Pradesh & ANR [1955] INSC 48 (29 September 1955)

Judgement Date : 29 Sep 1955

Citation : 1955 Latest Caselaw 48 SC

Headnote :

The petitioners, who had been operating as stage carriage operators in Madhya Pradesh for many years, contested the constitutional validity of the C.P. & Berar Motor Vehicles (Amendment) Act, 1947 (Act III of 1948). This Act amended the Motor Vehicles Act of 1939 (Central Act IV of 1939) and granted...
The State of Bombay Vs. Ali Gulshan [1955] INSC 49 (4 October 1955)

Judgement Date : 04 Oct 1955

Citation : 1955 Latest Caselaw 49 SC

Headnote :

The Government of Bombay was found to have the right, under clause (a) of sub-section (4) of section 6 of the Bombay Land Requisition Act, 1948 (Bombay Act XXXIII of 1948), to requisition certain premises for the purpose of \"housing a member of the staff of a foreign consulate\" as a public purpose...
Jugal Kishore Rameshwardas Vs. Mrs. Goolbai Hormusji [1955] INSC 50 (4 October 1955)

Judgement Date : 04 Oct 1955

Citation : 1955 Latest Caselaw 50 SC

Headnote :

The appellants, a share-broker operating in Bombay and a member of the Native Share and Stock Brokers\' Association, were engaged by the respondent to facilitate the buying and selling of shares on her behalf. The appellant purchased 25 shares of Tata Deferred and 350 shares of Swadeshi Mills to set...
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