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The Member, Board of Revenue Vs. Arthur Paul Benthall [1955] INSC 51 (4 October 1955)

Judgement Date : 04 Oct 1955

Citation : 1955 Latest Caselaw 51 SC

Headnote :

The case was presided over by S. R. DAS, ACTING C. J., along with Justices VENKATARAMA AYYAR, JAFER IMAM, and CHANDRASEKHARA AIYAR, with Justice BHAGWATI dissenting. The argument that the term \"matter\" in Section 5 of the Indian Stamp Act is meant to have the same meaning as \"description\" in Sec...
Dajisaheb Mane & Ors Vs. Shankar Rao Vithal Rao Mane& ANR [1955] INSC 52 (11 October 1955)

Judgement Date : 11 Oct 1955

Citation : 1955 Latest Caselaw 52 SC

Headnote :

This appeal to the Supreme Court arose from a decree of the Bombay High Court that reversed a trial court\'s decision in a case concerning the possession of certain immovable properties. The trial court dismissed the suit on December 20, 1946, determining that the properties were valued at over Rs....
Purshottam Govindji Halai Vs. Shree B. M. Desai, Additional Collector of Bombay & Ors [1955] INSC 53 (14 October 1955)

Judgement Date : 14 Oct 1955

Citation : 1955 Latest Caselaw 53 SC

Headnote :

The taxpayer conducting business in the City of Bombay was assessed for income tax for the years 1943-44 to 1947-48 and 1951-52 by the Income-tax Officer of C-1 Ward, Bombay. Due to non-payment of the owed income tax, the Income-tax Officer issued a recovery certificate in April 1951 to the Addition...
Topandas Vs. The State of Bombay [1955] INSC 54 (14 October 1955)

Judgement Date : 14 Oct 1955

Citation : 1955 Latest Caselaw 54 SC

Headnote :

According to the definition of criminal conspiracy in Section 120-A of the Indian Penal Code, there must be at least two parties involved in the agreement, as an individual cannot conspire with themselves. In the current case, where four individuals are charged under Section 120-B of the IPC, and th...
The State of Madras & ANR Vs. V. Srinivasa Ayyangar [1955] INSC 55 (21 October 1955)

Judgement Date : 21 Oct 1955

Citation : 1955 Latest Caselaw 55 SC

Headnote :

When the Madras Estates (Abolition and Conversion into Ryotwari) Act (Madras Act XXVI of 1948) was enacted, 15/16ths of the village Karuppur, located within the Zamindari of Ramanathapuram, was held by inamdars under a pre-settlement grant that had been confirmed by the British Government, with the...
Ananda Behera & ANR Vs. The State of Orissa & ANR [1955] INSC 56 (27 October 1955)

Judgement Date : 27 Oct 1955

Citation : 1955 Latest Caselaw 56 SC

Headnote :

The petitioners secured oral licenses to catch and take fish from designated areas of Chilka Lake from its owner, the Raja of Parikud, after paying substantial amounts and receiving receipts as per the customary practice. This occurred prior to the enactment of the Orissa Estates Abolition Act of 19...
Indira Sohanlal Vs. Custodian of Evacuee Property, Delhi & Ors [1955] INSC 57 (28 October 1955)

Judgement Date : 28 Oct 1955

Citation : 1955 Latest Caselaw 57 SC

Headnote :

The appellant, a displaced individual from Lahore, owned a house there and on October 10, 1947, arranged to exchange it for certain lands in a village in the State of Delhi, which belonged to M, an evacuee.On February 23, 1948, she submitted an application to the Additional Custodian of Evacuee Prop...
Sadhu Ram Vs. The Custodian-General of Evacuee Property [1955] INSC 58 (28 October 1955)

Judgement Date : 28 Oct 1955

Citation : 1955 Latest Caselaw 58 SC

Headnote :

The applicant acquired certain agricultural lands from a Muslim evacuee. The sale deed was executed, registered, and possession was transferred to the applicant in September 1947, prior to the implementation of the East Punjab Evacuees\' (Administration of Property) Act of 1947 on December 12, 1947....
Raja Bahadur Kamakshya Narainsingh & Ors Vs. The Collector And Deputy Commissioner of Hazaribagh [1955] INSC 59 (28 October 1955)

Judgement Date : 28 Oct 1955

Citation : 1955 Latest Caselaw 59 SC

Headnote :

On December 29, 1947, petitioner No. 1 entered into a lease agreement with C (a company) for certain properties, including lands and buildings that were part of his estate. In 1949, he executed a deed of settlement, transferring the properties to three trustees: himself, and petitioners 2 and 3. The...
Matajog Dobey Vs. H. C. Bhari [1955] INSC 61 (31 October 1955)

Judgement Date : 31 Oct 1955

Citation : 1955 Latest Caselaw 61 SC

Headnote :

In accordance with a search warrant issued under section 6 of the Taxation on Income (Investigation Commission) Act, 1947, which authorized four officials to search two locations in Calcutta, the officials forcibly broke open the entrance door of one flat and the lock of a room in another. When conf...
Merla Ramanna Vs. Nallaparaju & Ors [1955] INSC 62 (4 November 1955)

Judgement Date : 04 Nov 1955

Citation : 1955 Latest Caselaw 62 SC

Headnote :

The appellant was the assignee of a mortgage dated December 14, 1911, executed by A, which included lands owned by the mortgagor, as well as a mortgage executed by the respondents in favor of A on July 19, 1909. The appellant filed a lawsuit in the Subordinate Judge\'s Court of Kakinada to recover t...
Brajnandan Sinha Vs. Jyoti Narain [1955] INSC 63 (8 November 1955)

Judgement Date : 08 Nov 1955

Citation : 1955 Latest Caselaw 63 SC

Headnote :

It was determined that a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 (XXVII of 1850) does not qualify as a court as defined by the Contempt of Courts Act, 1952 (XXXII of 1952). The following cases were cited: Shell Co. of Australia v. Federal Commissioner of Taxation ([193...
Rai Bahadur Kanwar Raj Nath& Ors Vs. Pramod C. Bhatt, Custodian of Evacuee Property [1955] INSC 64 (10 November 1955)

Judgement Date : 10 Nov 1955

Citation : 1955 Latest Caselaw 64 SC

Headnote :

According to section 12, subsection 1 of the Administration of Evacuee Property Act, 1950 (XXXI of 1950), as amended by Act XLII of 1954, the Custodian has the authority to cancel any allotment, terminate any lease, or modify the terms of any lease or agreement concerning evacuee property held or oc...
Shrimati Vidya Verma Vs. Dr. Shiv Narain Verma [1955] INSC 65 (11 November 1955)

Judgement Date : 11 Nov 1955

Citation : 1955 Latest Caselaw 65 SC

Headnote :

There is no issue of infringement of any fundamental right under Article 21 when the detention in question is carried out by a private individual rather than by the State or under its authority. Therefore, the Supreme Court will not consider an application for a writ of habeas corpus under Article 3...
Corporation of Calcutta Vs. Mulchand Agarwalla [1955] INSC 66 (17 November 1955)

Judgement Date : 17 Nov 1955

Citation : 1955 Latest Caselaw 66 SC

Headnote :

The Corporation of Calcutta is not barred from initiating proceedings under section 363 of the Calcutta Municipal Act, 1923, even if it has previously taken action under section 488 of the Act in conjunction with Rule 62 of Schedule XVII.The issue of inconvenience to neighbors is not pertinent when...
Shri Virindar Kumar Satyawadi Vs. The State of Punjab [1955] INSC 67 (22 November 1955)

Judgement Date : 22 Nov 1955

Citation : 1955 Latest Caselaw 67 SC

Headnote :

It was determined that a Returning Officer, when acting under sections 33 and 36 of the Representation of the People Act, 1951 and making decisions regarding the validity of a nomination paper, does not qualify as a court as defined by sections 195(1)(b), 476, and 476-B of the Code of Criminal Proce...
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

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...
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

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...
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

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...
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

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...
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

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...
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...
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

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...
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

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...
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

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...
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

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...
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

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...
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

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...
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

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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