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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

Industrial Disputes Act, 1947
Trade Unions Act, 1926

D. N. Banerji Vs. P. R. Mukherjee & Ors [1952] INSC 67 (5 December 1952)

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...

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Santosh Kumar Vs. Bhai Mool Singh [1958] INSC 4 (5 February 1958)

Judgement Date : 05 Feb 1958

Citation : 1958 Latest Caselaw 4 SC

Code of Civil Procedure, 1908 (CPC)

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...

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Kanta Prashad Vs. Delhi Administration [1958] INSC 5 (6 February 1958)

Judgement Date : 06 Feb 1958

Citation : 1958 Latest Caselaw 5 SC

CrPC Section 233. Entering upon defence
CrPC Section 337. Procedure Where lunatic prisoner is reported capable of making his defence
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 211. False charge of offence made with intent to injure
IPC Section 224. Resistance or obstruction by a person to his lawful apprehension
IPC Section 477A. Falsification of accounts

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...

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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

Assam Excise Act, 1910
Constitution of India

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...

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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

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 506. Punishment for criminal intimidation

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...

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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

Code of Civil Procedure, 1908 (CPC)

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...

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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

Code of Civil Procedure, 1908 (CPC)
CrPC Section 366. Sentence of death to be submitted by Court of Session for confirmation
CrPC Section 367. Power to direct further inquiry to be made or additional evidence to be taken
CrPC Section 417. Power to appoint place of imprisonment
CrPC Section 419. Direction of warrant for execution
CrPC Section 421. Warrant for levy of fine
Indian Penal Code, 1860 (IPC)

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. (...

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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...

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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

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872

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...

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K. S. Srinivasan Vs. Union of India [1958] INSC 12 (18 February 1958)

Judgement Date : 18 Feb 1958

Citation : 1958 Latest Caselaw 12 SC

Constitution of India

Parshotam Lal Dhingra Vs. Union of India [1957] INSC 95 (1 November 1957)

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,...

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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

Government of India Act, 1935
Sale of Goods Act, 1930

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...

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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...

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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...

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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

Code of Civil Procedure, 1908 (CPC)
Section 107. TPA, Leases how made.

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...

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