Caselaw | Supreme Court Judgements of september 1958

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Ram Prakash Vs. The State of Punjab [1958] INSC 72 (2 September 1958)

Judgement Date : 02 Sep 1958

Citation : 1958 Latest Caselaw 72 SC

CrPC Section 287. Parties may examine witnesses
CrPC Section 342. Power to order court

Headnote :

The appellant was tried along with P for the offence of murder. The prosecution case was that the appellant, in conspiracy with P who was employed as a servant in the house of the deceased, took advantage of the deceased being alone in the house with her child, went upstairs and killed her and stole...

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Dr. S. B. Dutt Vs. University of Delhi [1958] INSC 73 (3 September 1958)

Judgement Date : 03 Sep 1958

Citation : 1958 Latest Caselaw 73 SC

Delhi University Act, 1922
Delhi University Act, 1922
Government of India Act, 1935
Industrial Disputes Act, 1947

Headnote :

The appellant, a professor in the respondent University, was dismissed from service by the respondent. He thereupon referred the dispute as to his dismissal and certain other disputes to arbitration under the provisions Of s. 45 of the Delhi University Act. An award was made on the reference which a...

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Kakumanu Peda Subbayya and another Vs. Kakumanu Akkamma & ANR [1958] INSC 74 (4 September 1958)

Judgement Date : 04 Sep 1958

Citation : 1958 Latest Caselaw 74 SC

Headnote :

In a suit instituted on behalf of a Hindu minor for partition of the joint family properties, the minor plaintiff died during the pendency of the suit and his mother as the legal representative was allowed to continue the suit as the second plaintiff, and the suit was decreed as it was found that th...

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Bhajahari Mondal Vs. The State of West Bengal [1958] INSC 75 (11 September 1958)

Judgement Date : 11 Sep 1958

Citation : 1958 Latest Caselaw 75 SC

CrPC Section 190. Cognizance of offences by Magistrates
Indian Penal Code, 1860 (IPC)
West Bengal Criminal Law Amendment (Special Courts) Act, 1949

Headnote :

On September 6, 1952, the appellant, who was being tried by an Assistant Sessions Judge and a jury, was caught while giving a bribe to one of the jurors. By a notification dated November 27, 1952, the Government of West Bengal, acting under s. 4(2) Of the West Bengal Criminal Law Amendment (Special...

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Dr. Sailendra Nath Sinha & ANR Vs. Jasoda Dulal Adhikari & ANR [1958] INSC 76 (11 September 1958)

Judgement Date : 11 Sep 1958

Citation : 1958 Latest Caselaw 76 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)

Headnote :

The Official Liquidator got a complaint under ss. 120-B, 406, 467 and 477A, 'Indian Penal Code filed before the Presidency Magistrate against the appellants one of whom was a past director and the other the Managing Director of the Bank of Commerce Ltd., which was in compulsory liquidation. T...

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Sirajul Haq Khan & Ors Vs. The Sunni Central Board of Waqf, U. P. & Ors [1958] INSC 77 (16 September 1958)

Judgement Date : 16 Sep 1958

Citation : 1958 Latest Caselaw 77 SC

Code of Civil Procedure, 1908 (CPC)
Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void

Headnote :

The respondent No. 1, a Central Board constituted under the United Provinces Muslims Waqf Act, 1936, by a notification under s. 5(1) Of the Act dated February 26, 1944, took into' management the properties of a Darga Sharif and on October 18, 1946, the appellants, three of the five members of th...

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Radha Sundar Dutta Vs. Mohd. Jahadur Rahim & Ors [1958] INSC 78 (18 September 1958)

Judgement Date : 18 Sep 1958

Citation : 1958 Latest Caselaw 78 SC

Bengal Patni Taluks Regulation, 1819
Village Chaukidari Act, 1870
Village Chaukidari Act, 1870
Village Chaukidari Act, 1870

Headnote :

The lands in question are situate in lot Ahiyapur which is one of the villages forming part of the permanently settled estate of Burdwan and had been set apart as Chaukidari Chakaran lands to be held by the Chaukidars for rendering service in the village as watchmen. At the time of the permanent set...

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Ratan Gond Vs. The State of Bihar [1958] INSC 79 (19 September 1958)

Judgement Date : 19 Sep 1958

Citation : 1958 Latest Caselaw 79 SC

CrPC Section 342. Power to order court
CrPC Section 374. Appeals from convictions
IPC Section 302. Punishment for murder

Headnote :

The appellant was charged with the murder of a girl Baisakhi. On information given by Aghani, younger sister of the deceased, the headless body of the deceased was recovered. The appellant absconded but was found in another village and was brought back by the village volunteer force. On interroga...

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Bipin Behari Sarkar & ANR Vs. The State of West Bengal [1958] INSC 80 (19 September 1958)

Judgement Date : 19 Sep 1958

Citation : 1958 Latest Caselaw 80 SC

CrPC Section 337. Procedure Where lunatic prisoner is reported capable of making his defence
CrPC Section 339. Delivery of lunatic to care or relative or friend
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder

Headnote :

The two appellants and one other person were accused of committing a murder. The second appellant made a confession before a Magistrate. The police submitted a charge sheet against the three accused. Thereafter the prosecution made a prayer to the sub-divisional Magistrate that the second appellant...

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Sales Tax Officer, Banaras & Ors Vs. Kanhaiya Lal Mukundlal Saraf [1958] INSC 81 (23 September 1958)

Judgement Date : 23 Sep 1958

Citation : 1958 Latest Caselaw 81 SC

Indian Contract Act, 1872
Section 21. Effect of mistake as to law
Section 22. Contract caused by mistake of one party as to matter of fact
Section 56. Agreement to do impossible act
Section 72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion-

Headnote :

Under S. 72 of the Indian Contract Act, 1872: " A person to whom money has been paid ... by mistake or under coercion must repay or return it ". The respondent, a registered firm, paid sales tax in respect of its forward transactions in pursuance of the assessment orders passed by the s...

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S. M. Jakati & ANR Vs. S. M. Borkar & Ors [1958] INSC 82 (24 September 1958)

Judgement Date : 24 Sep 1958

Citation : 1958 Latest Caselaw 82 SC

Code of Civil Procedure, 1908 (CPC)
IPC Section 405. Criminal breach of trust

Headnote :

j was the managing director of a Co-operative Bank getting a yearly remuneration of Rs. 1,000. The Bank went into liquidation and an examination of the affairs having showed that the monies of the Bank were not properly invested and that J was negligent in the discharge of his duties, a payment orde...

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State of Madhya Pradesh Vs. Revashankar [1958] INSC 83 (24 September 1958)

Judgement Date : 24 Sep 1958

Citation : 1958 Latest Caselaw 83 SC

CrPC Section 480. Practising pleader not to sit as Magistrate in certain courts
Indian Penal Code, 1860 (IPC)
IPC Section 228. Intentional insult or interruption to public servant sitting in judicial proceeding
IPC Section 497. Adultery [Declared unconstitutional by Supreme Court of India]
IPC Section 499. Defamation
IPC Section 500. Punishment for defamation

Headnote :

The respondent, who had filed a complaint in respect of an alleged offence under s. 500 of the Indian Penal Code in the Court of the Additional District Magistrate of Indore, made a number of aspersions against the Magistrate in an application I74 1368 made to him under s. 528 of the Code of Crimina...

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Shr1 Radeshyam Khare & ANR Vs. The State of Madhya Pradesh & Ors [1958] INSC 84 (30 September 1958)

Judgement Date : 30 Sep 1958

Citation : 1958 Latest Caselaw 84 SC

Province of Bombay Vs. Kusaldas S. Advani & Ors [1950] INSC 22 (15 September 1950)

Headnote :

The main point for decision in this appeal by the Municipal Committee of Dhamtari and its President was, whether in appointing an Executive Officer in exercise of its powers under s. 53A of the C. P. and Berar Municipalities Act, 1922, the State Government acted in a judicial capacity or in an admin...

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Ghaio Mall & Sons Vs. The State of Delhi & Ors [1958] INSC 85 (30 September 1958)

Judgement Date : 30 Sep 1958

Citation : 1958 Latest Caselaw 85 SC

Headnote :

The appellant firm, an unsuccessful applicant for a license for vending foreign liquor in New Delhi for the year 9541955, moved the High Court under art. 226 of the Constitution for a writ of certiorari quashing the order granting the license to a rival applicant and impleaded the Chief Minister, th...

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Sri Baru Ram Vs. Shrimati Prasanni & Ors [1958] INSC 86 (30 September 1958)

Judgement Date : 30 Sep 1958

Citation : 1958 Latest Caselaw 86 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The first respondent filed an election petition against the 1404 appellant on the grounds: (i) that he committed the corrupt practice specified in s. 123(7) Of the Representation of the People Act, 195I inasmuch as he had obtained the assistance of one P, a member of the armed forces, who had acted...

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