Caselaw | Supreme Court Judgements of april 1958

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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

Government of India Act, 1935
Indian Contract Act, 1872
Sale of Goods Act, 1930

The Sales Tax Officer, Pilibhit Vs. Messrs. Budh Prakash Jai Prakash [1954] INSC 56 (3 May 1954)

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...

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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

Delhi Laws Act, 1912
Government of India Act, 1935
Sale of Goods Act, 1930

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...

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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

Gauhati University Act, 1947

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...

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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

Constitution of India
Delhi Laws Act, 1912
Government of India Act, 1935

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...

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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

Constitution of India
Government of India Act, 1935
Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948
Sale of Goods Act, 1930

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...

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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

Code of Civil Procedure, 1908 (CPC)
Industrial Employment (Standing Orders) Act, 1946

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...

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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

CrPC Section 342. Power to order court
CrPC Section 429. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 143. Punishment
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 506. Punishment for criminal intimidation

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...

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Nanni Bai & Ors Vs. Gita Bai [1958] INSC 42 (14 April 1958)

Judgement Date : 14 Apr 1958

Citation : 1958 Latest Caselaw 42 SC

Code of Civil Procedure, 1908 (CPC)

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...

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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

Constitution of India
Orissa General Clauses Act, 1937

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...

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Seth Ganga Dhar Vs. Shankar Lal & Ors [1958] INSC 44 (15 April 1958)

Judgement Date : 15 Apr 1958

Citation : 1958 Latest Caselaw 44 SC

Section 60. TPA, Right of mortgagor to redeem.

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...

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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

Code of Civil Procedure, 1908 (CPC)
CrPC Section 482. Saving of inherent power of High Court
Indian Evidence Act, 1872
Representation of the People Act, 1951

Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

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...

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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

Bombay Animal Preservation Act, 1948
Constitution of India
Preventive Detention Act, 1950

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...

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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...

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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

Section 108. TPA, Rights and liabilities of lessor and lessee.

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...

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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

Constitution of India

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...

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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

Constitution of India
Government of India Act, 1935

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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M/S. Dalmia Dadri Cement Co. Ltd. Vs. The Commissioner of Income-Tax [1958] INSC 51 (28 April 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 51 SC

Constitution of India
Gwalior

Virendra Singh & Ors Vs. The State of Uttar Pradesh [1954] INSC 55 (29 April 1954)

Headnote :

The appellant company, established in 1938 in the former State of Jind, secured specific concessions from the State\'s Ruler through an agreement dated April 1, 1938. This agreement stipulated, among other things, that the State would receive certain shares in the company at no cost, and that the co...

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Commissioner of Income-Tax, Bombay Vs. M/S. Amritlal Bhogilal & Co [1958] INSC 52 (28 April 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 52 SC

Headnote :

The respondent firm was assessed for income tax for the assessment years 1947-48, 1948-49, and 1949-50 under Section 23(3). The Income-tax Officer renewed the firm\'s registration under Section 26A of the Income-tax Act and issued an order under Section 23(6) that allocated shares among the various...

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M. K. Venkatachalaivi, I. T. O. Andanother Vs. Bombay Dyeing and Mfg. Co., Ltd. [1958] INSC 53 (28 April 1958)

Judgement Date : 28 Mar 1958

Citation : 1958 Latest Caselaw 53 SC

Headnote :

The Income-tax Officer issued an order on October 9, 1952, assessing the respondent for the assessment year 1952-53, granting him a credit of Rs. 50,603-15-0 as interest on advance tax paid under section 18-A(5) of the Income-tax Act. However, on May 24, 1953, the Indian Income-tax (Amendment) Act,...

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S. B. Adityan Vs. S. Kandaswami & Ors [1958] INSC 54 (30 April 1958)

Judgement Date : 30 Apr 1958

Citation : 1958 Latest Caselaw 54 SC

Representation of the People Act, 1951

Headnote :

Following the election, the appellant was declared elected to the Madras Legislative Assembly. Respondent No. 1 submitted an election petition requesting that the appellant\'s election be declared invalid. The petition claimed that two candidates in the election had accepted money from the appellant...

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