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Express Newspapers (Private) Ltd. & ANR Vs. The Union of India & Ors [1958] INSC 1 (8 January 1958)

Judgement Date : 08 Jan 1958

Citation : 1958 Latest Caselaw 1 SC

Headnote :

These petitions, filed by certain newspaper establishments, contested the constitutional validity of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, as well as the legality of the Wage Board\'s decision made under section 9 of the Act. The contested Act was en...
The Western India Theatres Ltd. Vs. Municipal Corporation of The City of Poona [1958] INSC 2 (16 January 1958)

Judgement Date : 16 Jan 1958

Citation : 1958 Latest Caselaw 2 SC

Headnote :

The appellant, a public limited company, was leasing four cinema houses located within the municipal boundaries of Poona City, where it showcased films.The respondent, the Municipal Corporation of Poona, exercised its authority under section 59(1)(XI) of the Bombay District Municipal Act, 1901, to i...
Workmen of Dimakuchi Tea Estate Vs. The Management of Dimakuchitea Estate [1958] INSC 3 (4 February 1958)

Judgement Date : 04 Feb 1958

Citation : 1958 Latest Caselaw 3 SC

Headnote :

The issue at hand in this appeal was whether a dispute involving workers concerning an individual who was not classified as a worker could qualify as an industrial dispute under Section 2(k) of the Industrial Disputes Act, 1947, prior to the amendments made in 1956. The appellants, who were employee...
Santosh Kumar Vs. Bhai Mool Singh [1958] INSC 4 (5 February 1958)

Judgement Date : 05 Feb 1958

Citation : 1958 Latest Caselaw 4 SC

Headnote :

The respondent initiated legal action against the appellant under Section XXXVII of the Code of Civil Procedure, based on a cheque for Rs. 60,000 issued by the appellant to the respondent, which was dishonored upon presentation to the bank. The appellant sought permission under Rule 3 of Order XXXVI...
Kanta Prashad Vs. Delhi Administration [1958] INSC 5 (6 February 1958)

Judgement Date : 06 Feb 1958

Citation : 1958 Latest Caselaw 5 SC

Headnote :

The appellants were found guilty under sections 120B and 224/109 of the Indian Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, by a Special Judge appointed under the Criminal Law (Amendment) Act, 1952. They argued that the conviction was flawed, primarily because the pardon gr...
Nagendra Nath Bora & ANR Vs. The Commissioner of Hills Division And Appeals [1958] INSC 6 (7 February 1958)

Judgement Date : 07 Feb 1958

Citation : 1958 Latest Caselaw 6 SC

Headnote :

The High Court lacks the authority under Article 226 of the Constitution to issue a writ of certiorari to annul an error of fact, even if it is evident on the record. It can only do so in cases where the error is a legal one that is also apparent on the record. Any legal or factual error that the Hi...
Talab Haji Hussain Vs. Madhukar Purshottam Mondkar& ANR [1958] INSC 7 (7 February 1958)

Judgement Date : 07 Feb 1958

Citation : 1958 Latest Caselaw 7 SC

Headnote :

The appellant faced charges under section 120 B of the Indian Penal Code and section 167(8i) of the Sea Customs Act of 1878, both of which are bailable offences. The Chief Presidency Magistrate granted bail under section 496 of the Code of Criminal Procedure. A subsequent application by the complain...
Sm. Saila Bala Dassi Vs. Sm. Nirmala Sundari Dassi & ANR [1958] INSC 8 (14 February 1958)

Judgement Date : 14 Feb 1958

Citation : 1958 Latest Caselaw 8 SC

Headnote :

The second respondent sold the properties to the appellant in 1952, and the deed of sale stated that the properties were sold free of any encumbrances. The first respondent, who had obtained a mortgage decree regarding the properties in 1935, did not take any action to have the decree formalized as...
The State of Uttar Pradesh Vs. C. Tobit & Ors [1958] INSC 9 (14 February 1958)

Judgement Date : 14 Feb 1958

Citation : 1958 Latest Caselaw 9 SC

Headnote :

The term \'Copy\' as used in section 419 of the Code of Criminal Procedure refers to a certified copy. Therefore, any appeal petition submitted under this section must include a certified copy of the judgment or order being appealed.This is supported by the case of Ram Lal v. Ghanasham Das, A.I.R. (...
Shri Chintaman Rao & ANR Vs. The State of Madhya Pradesh [1958] INSC 10 (18 February 1958)

Judgement Date : 18 Feb 1958

Citation : 1958 Latest Caselaw 10 SC

Headnote :

The appellant managed a bidi factory that had contracts with independent contractors, referred to as Sattedars, for the supply of bidis. The Sattedars were responsible for manufacturing the bidis in their own facilities or outsourcing the work to third parties, with payment to be made by the managem...
Kashinath Sankarappa Wani Vs. New Akot Cotton Ginning & Pressing Co. Ltd. [1958] INSC 11 (18 February 1958)

Judgement Date : 18 Feb 1958

Citation : 1958 Latest Caselaw 11 SC

Headnote :

The appellant provided several sums of money to the respondent, for which the respondent issued a deposit receipt valid for 12 months, from August 1, 1939, to July 31, 1940. On June 16, 1944, the appellant initiated a lawsuit to recover the amount along with interest, claiming that the amount became...
K. S. Srinivasan Vs. Union of India [1958] INSC 12 (18 February 1958)

Judgement Date : 18 Feb 1958

Citation : 1958 Latest Caselaw 12 SC

Headnote :

The appellant served as a Public Relations Officer at All India Radio and was recognized as being in quasi-permanent service according to Rule 3 of the Central Civil Service (Temporary Service) Rules, 1949. Due to wartime economic measures, the Government decided to place the position \"in abeyance,...
The Tata Iron & Steel Co. Ltd. Vs. The State of Bihar [1958] INSC 13 (19 February 1958)

Judgement Date : 19 Feb 1958

Citation : 1958 Latest Caselaw 13 SC

Headnote :

The appellant company, which operates as a manufacturer of iron and steel with its factory located in Jamshedpur, Bihar, was assessed for sales tax for two periods prior to the Constitution under the Bihar Sales Tax Act, 1947 (No. XIX of 1947), enacted by the Bihar Legislature under its exclusive au...
Kanaiyalal Chandulal Monim Vs. Indumati T. Potdar & ANR [1958] INSC 14 (20 February 1958)

Judgement Date : 20 Feb 1958

Citation : 1958 Latest Caselaw 14 SC

Headnote :

Section 24(1) of the Bombay Rents Hotel and Lodging House Rates Control Act, 1947, states: \"No landlord, either personally or through someone acting on their behalf, shall, without just or sufficient cause, cut off or withhold any essential supply or service that the tenant enjoys in relation to th...
Bai Hira Devi & Ors Vs. The Official Assignee of Bombay [1958] INSC 15 (20 February 1958)

Judgement Date : 20 Feb 1958

Citation : 1958 Latest Caselaw 15 SC

Headnote :

On May 22, 1950, D executed a deed of gift in favor of the appellants, who are his wife and sons. However, on August 21, 1951, D was declared insolvent at the request of his creditors, and his estate was transferred to the respondent. Subsequently, on September 26, 1951, the respondent filed a motio...
Shreemati Kashi Bai Vs. Sudha Rani Ghose & Ors [1958] INSC 16 (25 February 1958)

Judgement Date : 25 Feb 1958

Citation : 1958 Latest Caselaw 16 SC

Headnote :

The appellants and respondents were lessees of coal mining rights in adjacent areas. In 1917, the predecessors of the appellants unlawfully entered a section of the land leased to the predecessors of the respondents, where they sank two inclines and two air shafts to extract coal. Mining activities...
Earnest John White Vs. Mrs. Kathleen Olive White & Ors [1958] INSC 17 (10 March 1958)

Judgement Date : 10 Mar 1958

Citation : 1958 Latest Caselaw 17 SC

Headnote :

The appellant initiated divorce proceedings against his wife, citing her infidelity as the reason.The trial court determined that there was insufficient evidence to conclude that adultery had occurred, although it acknowledged that one of the letters contained \"a significant amount of truth.\" The...
Virsa Singh. Vs. The State of Punjab [1958] INSC 18 (11 March 1958)

Judgement Date : 11 Mar 1958

Citation : 1958 Latest Caselaw 18 SC

Headnote :

The defendant stabbed the deceased in the abdomen with a spear.This wound resulted in the victim\'s death. According to the doctor, the injury was severe enough to lead to death under normal circumstances. The Sessions judge determined that the defendant\'s intention was to cause serious harm only....
M.P. Vs. Sundararamier & Co. Vs. The State of Andhra Pradesh & ANR [1958] INSC 19 (11 March 1958)

Judgement Date : 11 Mar 1958

Citation : 1958 Latest Caselaw 19 SC

Headnote :

The petitioners were yarn dealers operating in the City of Madras, engaged in the buying and selling of yarn. Dealers from the State of Andhra would place orders with the petitioners in Madras, where the contracts were finalized, and the goods were delivered from the Madras godown before being dispa...
Re: The Kerala Education Bill, 1957 [1958] INSC 20 (15 March 1958)

Judgement Date : 15 Mar 1958

Citation : 1958 Latest Caselaw 20 SC

Headnote :

This reference was made under Article 143(1) of the Constitution by the President of India to seek the opinion of the Supreme Court regarding certain questions about the constitutional validity of provisions in the Kerala Education Bill, 1957. This Bill had been passed by the Kerala Legislative Asse...
M/S. Kasturi And Sons (Private) Ltd. Vs. Shri N. Salivateeswaran & ANR [1958] INSC 21 (19 March 1958)

Judgement Date : 19 Mar 1958

Citation : 1958 Latest Caselaw 21 SC

Headnote :

The first respondent was a journalist who provided news to the petitioner\'s newspaper for a fixed monthly fee. In violation of the petitioner\'s instructions, the first respondent left India, leading the petitioner to terminate their agreement. Upon returning to India, the first respondent asked th...
Bala Subrahmanya Rajaram Vs. B.C. Patil & Ors [1958] INSC 22 (19 March 1958)

Judgement Date : 19 Mar 1958

Citation : 1958 Latest Caselaw 22 SC

Headnote :

The Industrial Court in Bombay granted a bonus equivalent to 4 1/2 months\' wages to the employees of Tata Mills Ltd. It ordered that employees who were no longer with the Mills should receive the bonus in a single payment by a specified date, and those individuals were required to submit written cl...
Keshavlal Lallubhai Patel & Ors& Ors Vs. Lalbhai Trikumlal Mills Ltd. [1958] INSC 23 (21 March 1958)

Judgement Date : 21 Mar 1958

Citation : 1958 Latest Caselaw 23 SC

Headnote :

The appellants entered into a contract with the respondent mills to purchase certain goods, with delivery scheduled for September and October 1942. Before the delivery period ended, a strike occurred at the mills, prompting the respondent to inform the appellants via a letter on August 15, 1942, tha...
The State of Bihar Vs. Basawan Singh [1958] INSC 24 (21 March 1958)

Judgement Date : 21 Mar 1958

Citation : 1958 Latest Caselaw 24 SC

Headnote :

The respondent, a police sub-inspector, faced charges for accepting a bribe of Rs. 100 from two individuals, B and P, in exchange for dropping a case he had filed against B under the Essential Supplies (Temporary Powers) Act, 1946. According to the prosecution, when the respondent\'s demand for the...
Shrimati Shantabai Vs. State of Bombay & Ors [1958] INSC 25 (24 March 1958)

Judgement Date : 24 Mar 1958

Citation : 1958 Latest Caselaw 25 SC

Headnote :

The petitioner’s husband, through an unregistered document, granted her the right to harvest all types of wood from specific forests within his Zamindary. However, following the enactment of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, all propri...
Raigarh Jute Mills Ltd. Vs. Eastern Railway & ANR [1958] INSC 26 (24 March 1958)

Judgement Date : 24 Mar 1958

Citation : 1958 Latest Caselaw 26 SC

Headnote :

The appellant company operated jute mills located in Raigarh, Madhya Pradesh, and relied on transporting raw materials from various railway booking stations outside the state, as there were no alternative transport options for bringing jute to the mills or for shipping finished products to ports for...
Chandranath Mukherjee Vs. Tusharika Debi & Ors [1958] INSC 27 (24 March 1958)

Judgement Date : 24 Mar 1958

Citation : 1958 Latest Caselaw 27 SC

Headnote :

The six-month time frame specified in section 5 of the Bengal Tenancy Act, within which a tenure-holder must notify the landlord of their succession or have their name updated in the rent-roll, is not a strict requirement but rather a guideline. The only consequence of failing to adhere to this time...
Workmen of Assam Co. Vs. Assam Co. Ltd. [1958] INSC 28 (28 March 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 28 SC

Headnote :

The appellants sought bonuses for the years 1950, 1951, and 1952, requesting an amount equivalent to six months\' wages for each year. The Industrial Tribunal, which handled the dispute, included a return on paid-up capital at 7% and on reserves at 5% when calculating the surplus available for bonus...
Seth Gulab Chand Vs. Seth Kudilal & ANR [1958] INSC 29 (28 March 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 29 SC

Headnote :

The principle that a statute should not operate retrospectively applies only when the statute\'s language leaves it unclear whether such an intention exists. If the statute\'s wording clearly indicates that it is meant to have retrospective effect, then the presumption against retrospective operatio...
Shri Ram Krishna Dalmia Vs. Shri Justice S. R. Tendolkar & Ors [1958] INSC 30 (28 March 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 30 SC

Headnote :

Exercising the authority granted by Section 3 of the Commissions of Enquiry Act, 1952, the Central Government issued a notification on December 11, 1956, establishing a Commission of Inquiry to investigate and report on specific companies listed in the attached Schedule, as well as the nature and ex...
Kapur Chand Pokhraj Vs. The State of Bombay [1958] INSC 31 (28 March 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 31 SC

Headnote :

The appellant was registered under the Bombay Sales Tax Act of 1946. He maintained two sets of accounting records and knowingly submitted false returns to the Sales Tax Officer for the period from September 30, 1950, to March 31, 1951, thus committing an offense under Section 24(1)(b) of the Act.Acc...
Babulal Bhuramal & ANR Vs. Nandram Shivram & Ors [1958] INSC 32 (31 March 1958)

Judgement Date : 31 Mar 1958

Citation : 1958 Latest Caselaw 32 SC

Headnote :

A, who was a tenant of N, sublet the premises to B and C. N initiated a lawsuit for eviction against A, B, and C in the Court of Small Causes, Bombay, citing illegal subletting as the reason. The court ruled in favor of N. Subsequently, A, B, and C filed a new suit in the Bombay City Civil Court see...
Gordhandas Purshottamdas Sonawala & ANR Vs. The Eastern Cotton Company [1958] INSC 33 (31 March 1958)

Judgement Date : 31 Mar 1958

Citation : 1958 Latest Caselaw 33 SC

Headnote :

Sub-section (1) of section 8 of the Bombay Cotton Contracts Act, 1932, states: \"Except as provided in this Act, any contract... entered into after the commencement of this Act that does not comply with the by-laws of any recognized cotton association shall be deemed void.\" In relation to the cott...
Kanhaiyalal Vs. Dr. D. R. Banaji & Ors [1958] INSC 34 (31 March 1958)

Judgement Date : 31 Mar 1958

Citation : 1958 Latest Caselaw 34 SC

Headnote :

The appellant purchased the property at a revenue sale conducted under the Berar Land Revenue Code, 1928, to recover outstanding land revenue. At the time of the attachment and sale, the property was under the control of a Receiver appointed by the Bombay High Court in accordance with Order 40, Rule...
The State of Madras Vs. Gannon Dunkerley & Co.,(Madras) Ltd. [1958] INSC 35 (1 April 1958)

Judgement Date : 01 Apr 1958

Citation : 1958 Latest Caselaw 35 SC

Headnote :

The respondent company, which is involved in various activities including the construction of buildings and roads, was assessed for sales tax by the tax authorities. They aimed to include the value of materials used in building contracts as part of the respondent\'s taxable turnover. The respondent...
Pandit Banarsi Das Bhanot Vs. The State of Madhya Pradesh & Ors [1958] INSC 36 (3 April 1958)

Judgement Date : 03 Apr 1958

Citation : 1958 Latest Caselaw 36 SC

Headnote :

Section 4(a) of the Central Provinces and Berar Sales Tax Act, 1947, stipulated that any dealer whose turnover surpassed specified limits would be required to pay tax on all sales made after the Act\'s commencement, in accordance with its provisions. According to Section 2(g) of the Act, \"sale\" is...
J.K.Chaudhuri Vs. R. K. Datta Gupta & Ors [1958] INSC 37 (7 April 1958)

Judgement Date : 07 Apr 1958

Citation : 1958 Latest Caselaw 37 SC

Headnote :

R was appointed as a Professor of Mathematics at a college affiliated with Gauhati University and later became the Principal of the college. Following complaints against him, the college\'s Governing Body conducted an inquiry and decided to dismiss him from both his positions. R appealed to the Vice...
Mithan Lal Vs. The State of Delhi & ANR [1958] INSC 38 (7 April 1958)

Judgement Date : 07 Apr 1958

Citation : 1958 Latest Caselaw 38 SC

Headnote :

The petitioners, who were building contractors operating in Delhi, found themselves under the jurisdiction of a Part C State as defined by the Constitution of India. Utilizing the authority granted by Article 246(4) of the Constitution, Parliament enacted the Part C States (Laws) Act, 1950. This led...
Firm of M/S. Peare Lal Hari Singh Vs. The State of Punjab & ANR [1958] INSC 39 (7 April 1958)

Judgement Date : 07 Apr 1958

Citation : 1958 Latest Caselaw 39 SC

Headnote :

The petitioners, who were building contractors in Punjab, were assessed for tax by the sales tax authorities on the materials supplied for construction, which they classified as a sale, in accordance with the East Punjab General Sales Tax Act of 1948. The petitioners contested the validity of the as...
The Nagpur Electric Light and Power co., Ltd. & Ors Vs. K. Shreepathirao [1958] INSC 40 (11 April 1958)

Judgement Date : 11 Apr 1958

Citation : 1958 Latest Caselaw 40 SC

Headnote :

The respondent, an employee of the appellant company, had his services terminated in line with the company\'s Standing Orders, which were sanctioned by the relevant authorities under the Industrial Employment (Standing Orders) Act, 1946, and the Central Provinces and Berar Industrial Disputes Settle...
B. N. Srikantiah & Ors Vs. The State of Mysore [1958] INSC 41 (14 April 1958)

Judgement Date : 14 Apr 1958

Citation : 1958 Latest Caselaw 41 SC

Headnote :

Six individuals were charged under Section 143 of the Indian Penal Code for being part of an unlawful assembly with the shared intent to murder Anne Gowda. Additionally, five of them faced charges under Section 302 of the Indian Penal Code for intentionally causing Anne Gowda\'s death, while the six...
Nanni Bai & Ors Vs. Gita Bai [1958] INSC 42 (14 April 1958)

Judgement Date : 14 Apr 1958

Citation : 1958 Latest Caselaw 42 SC

Headnote :

This case involved an appeal by the defendants in a possession suit concerning the redemption of certain mortgages, which was filed in the Court of the Special Judge operating under the Sangli State Agriculturists Protection Act (1 of 1936).The defendants argued that the mortgaged properties had bee...
Sales Tax Officer, Cuttack & ANR Vs. M/S. B. C. Patel & Co [1958] INSC 43 (15 April 1958)

Judgement Date : 15 Apr 1958

Citation : 1958 Latest Caselaw 43 SC

Headnote :

This appeal by the Sales Tax authorities was aimed at challenging the judgment and order of the Orissa High Court, which was issued under Article 226 of the Constitution. The High Court quashed five assessment orders that had been made against the respondents, who were engaged in the business of col...
Seth Ganga Dhar Vs. Shankar Lal & Ors [1958] INSC 44 (15 April 1958)

Judgement Date : 15 Apr 1958

Citation : 1958 Latest Caselaw 44 SC

Headnote :

The prohibition against restrictions on the equity of redemption, as outlined in section 60 of the Transfer of Property Act, grants the Court the authority to relieve a mortgagor from an agreement that entirely removes his right to redeem the mortgage under certain conditions, as well as from agreem...
Inamati Mallappa Basappa Vs. Desai Basavaraj Ayyappa & Ors [1958] INSC 45 (22 April 1958)

Judgement Date : 22 Apr 1958

Citation : 1958 Latest Caselaw 45 SC

Headnote :

A, the candidate who lost in an election, initiated an election petition against B, the winning candidate, seeking a declaration that B\'s election was invalid and asserting that he should be declared the winner since he received the next highest number of valid votes. On the first day of the hearin...
Mohd. Hanif Quareshi & Ors Vs. The State of Bihar [1958] INSC 46 (23 April 1958)

Judgement Date : 23 Apr 1958

Citation : 1958 Latest Caselaw 46 SC

Headnote :

The Bihar Preservation and Improvement of Animals Act, 1955, imposed a complete ban on the slaughter of all types of bovine cattle. Similarly, the U.P. Prevention of Cow Slaughter Act, 1955, prohibited the slaughter of cows and their offspring, including bulls, bullocks, heifers, and calves. The C.P...
Badridas Daga Vs. The Commissioner of Income-Tax [1958] INSC 47 (25 April 1958)

Judgement Date : 25 Mar 1958

Citation : 1958 Latest Caselaw 47 SC

Headnote :

The appellant hired an agent to manage his business and granted him significant management powers, including the ability to operate bank accounts. While acting within this authority, the agent withdrew funds from the bank and used them to pay off his personal debts. The appellant managed to recover...
Dr. K. A. Dhairyawan & Ors Vs. J. R. Thakur & Ors [1958] INSC 48 (28 April 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 48 SC

Headnote :

The lessors entered into a lease agreement for a parcel of land with the lessees for a duration of 21 years, charging a monthly rent of Rs. 50. According to the lease terms, the lessees were required to construct a double-storey building on the land at a minimum cost of Rs. 10,000. The construction...
The Income-Tax Officer, Bangalore Vs. K. N. Guruswamy [1958] INSC 49 (28 April 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 49 SC

Headnote :

The respondent was engaged in business as an excise contractor in the Civil and Military Station of Bangalore, located in the retroceded area of the State of Mysore. Initially, the Governor-General in Council exercised jurisdiction over this area based on an agreement with the Maharaja of Mysore, an...
A. N. Lakshmana Shenoy Vs. The Income Tax Officer, Ernakulam & ANR [1958] INSC 50 (28 April 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 50 SC

Headnote :

Section 13(1) of the Finance Act, 1950, stipulated that if any law concerning income tax, super tax, or business profits tax was in effect in any Part B State immediately before April 1, 1950, that law would cease to be effective, except for the purposes of levying, assessing, and collecting income...
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