Caselaw | Supreme Court Judgements of april 1957

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Bhagwan Das Vs. The State of Rajasthan [1957] INSC 28 (2 April 1957)

Judgement Date : 02 Apr 1957

Citation : 1957 Latest Caselaw 28 SC

Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The High Court should not set aside an acquittal unless there are "substantial and compelling" reasons for doing so. Surajpal Singh v. State, (1952) S.C.R. 193, Ajmer Singh v. The State of Punjab, (1953) S.C.R. 418, Aher Raja Khima v. The State of Saurashtra, (1955) 2 S.C.R. 1285, follo...

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A. Vs. Fernandez Vs. The State of Kerala [1957] INSC 29 (2 April 1957)

Judgement Date : 02 Apr 1957

Citation : 1957 Latest Caselaw 29 SC

Constitution of India
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

The business of the appellant consisted in the purchase of copra, manufacture of coconut oil and cake there from and sale of oil and cake to parties inside the State of Travancore-Cochin and sale of oil to parties outside the State. Before the coming into force of the Constitution of India, under th...

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The State of Madhya Pradesh Vs. Veereshwar Rao Agnihotry [1957] INSC 30 (5 April 1957)

Judgement Date : 05 Apr 1957

Citation : 1957 Latest Caselaw 30 SC

Constitution of India
CrPC Section 236. Previous conviction
Gwalior
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The accused was tried by a Special Judge for offences under s. 409 Of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act. He was convicted under S. 409 but the judge held that the accused could not be tried under s. 5(2) as there had been no investigation by a police officer not b...

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Ramji Lal Modi Vs. The State of U.P [1957] INSC 31 (5 April 1957)

Judgement Date : 05 Apr 1957

Citation : 1957 Latest Caselaw 31 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs

Headnote :

This was a petition challenging the constitutional validity of s. 295A of the Indian Penal Code and for quashing the petitioner's conviction there under for publishing an article in a monthly magazine of which he was the printer, publisher and the editor. It was contended on his behalf that the...

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R. M. D. Chamarbaugwalla Vs. The Union of India [1957] INSC 32 (9 April 1957)

Judgement Date : 09 Apr 1957

Citation : 1957 Latest Caselaw 32 SC

Constitution of India
Government of India Act, 1935

Romesh Thappar Vs. The State of Madras [1950] INSC 16 (26 May 1950)
Chintaman Rao Vs. The State of Madhya Pradesh [1950] INSC 29 (8 November 1950)

Headnote :

The petitioners, who were promoting 'and conducting prize competitions in the different States of India, challenged the constitutionality Of ss. 4 and 5 Of the Prize Competitions Act (42 of 955) and rr. xi and 12 framed under S. 20 Of the Act. Their contention was that 'prize competition'...

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The State of Bombay Vs. R. M. D. Chamarbaugwala [1957] INSC 33 (9 April 1957)

Judgement Date : 09 Apr 1957

Citation : 1957 Latest Caselaw 33 SC

Constitution of India
Government of India Act, 1935

Headnote :

The first respondent was the founder and Managing Director of a company, the second respondent in the appeal, which was incorporated in the State of Mysore and conducted a Prize Competition called the R. M. D. C. Cross-words through a weekly newspaper printed and published at Bangalore. This paper h...

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Sarwan Singh Vs. The State of Punjab [1957] INSC 34 (10 April 1957)

Judgement Date : 10 Apr 1957

Citation : 1957 Latest Caselaw 34 SC

CrPC Section 164. Recording of confessions and statements
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The appellants and G were convicted of the offence of murder by the Sessions Court on the basis of the evidence of the approver, which it considered reliable, and the confession made by the first appellant which it found to be voluntary and true. The High Court held that the evidence of the approver...

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The Collector of Malabar Vs. Erimal Ebrahim Hajee [1957] INSC 35 (11 April 1957)

Judgement Date : 11 Apr 1957

Citation : 1957 Latest Caselaw 35 SC

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

Headnote :

The Income Tax Officer forwarded a certificate under s. 46(2) of the Indian Income Tax Act to the Collector for recovering the arrears of Income Tax from the assesses as if they were arrears of land revenue. The Collector proceeded under s. 48, Madras Revenue 971 Recovery Act, and had the assessee a...

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Vadivelu Thevar Vs. The State of Madras [1957] INSC 36 (12 April 1957)

Judgement Date : 12 Apr 1957

Citation : 1957 Latest Caselaw 36 SC

Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 302. Punishment for murder
IPC Section 326. Voluntarily causing grievous hurt by dangerous weapons or means

Headnote :

The appellants were charged with murder and convicted on the sole testimony of a witness. The first appellant was sentenced to death and the second to five years' rigorous imprisonment. it was contended for them, inter alia, that the conviction and sentences should not be upheld because in a cas...

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Baldeo Singh & Ors Vs. The State of Bihar & Ors [1957] INSC 37 (22 April 1957)

Judgement Date : 22 Apr 1957

Citation : 1957 Latest Caselaw 37 SC

Constitution of India
CrPC Section 110. Security for good behaviour from habitual offenders
Indian Penal Code, 1860 (IPC)
IPC Section 411. Dishonestly receiving stolen property

Headnote :

The appellants were convicted of an offence under s. 379 of the Indian penal Code by a full bench of the Gram Cutcherry constituted under the provisions of the Bihar Panchayat Raj Act, 1947. It was contended for the appellants that the conviction was bad on the grounds, inter alia, that s. 62 of the...

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The Member For The Board of Agricultural Income Tax, Assam Vs. Smt. Sindhurani Chaudhurani [1957] INSC 38 (24 April 1957)

Judgement Date : 24 Apr 1957

Citation : 1957 Latest Caselaw 38 SC

Headnote :

The respondent was a company carrying on life, fire, marine and general insurance business, and the question for determination related to the assessment of excess profits tax on its income other than life insurance. The method adopted by the company with respect to fire insurance policies was that w...

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The Commissioner of Excess Profits Tax, West Bengal Vs. The Ruby General Insurance Co. Ltd. [1957] INSC 39 (24 April 1957)

Judgement Date : 24 Apr 1957

Citation : 1957 Latest Caselaw 39 SC

Insurance Act, 1938
Section 31. Contingent contract defined

Headnote :

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Bashiruddin Ashraf Vs. The State of Bihar [1957] INSC 40 (25 April 1957)

Judgement Date : 25 Apr 1957

Citation : 1957 Latest Caselaw 40 SC

Constitution of India
CrPC Section 33. Powers of officers appointed
Indian Penal Code, 1860 (IPC)
IPC Section 67. Imprisonment for non-payment of fine when offence punishable with fine only

Headnote :

The appellant failed to prepare a budget of the Waqf Estate of which he was the mutawalli, for the year 1952-53 and send a copy of it to the Majlis before January 15, 1952, as he was bound to do under S. 58(1) of the Bihar Waqfs Act, 1947, and was convicted by the 'Magistrate under s. 65(1) of t...

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Union of India Vs. Chaman Lal Loona [1957] INSC 41 (30 April 1957)

Judgement Date : 30 Apr 1957

Citation : 1957 Latest Caselaw 41 SC

Constitution of India
Indian Independence Act, 1947

Headnote :

The correct test to determine whether a contract made before the partition of India on behalf of the Governor-General in Council comes within the purview of cl. (a) of Art. 8(1) of the Indian Independence (Rights, Property and Liabilities) Order, 1040 1947, so as to be deemed to have been made on be...

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