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The Asiatic Steam Navigation Co., Ltd. Vs. Sub-Lt. Arabinda Chakravarti [1959] INSC 1 (12 January 1959)

Judgement Date : 12 Jan 1959

Citation : 1959 Latest Caselaw 1 SC

Headnote :

On December 13, 1940, in the afternoon, a cargo ship, N, left Madras harbour bound for Calcutta heading for the open sea. She was being navigated in a swept channel outside the 980 harbour our and was on her proper, namely the starboard side of the channel. At that time a patrol ship, K, was on an o...
Faguna Kanta Nath Vs. The State of Assam [1959] INSC 2 (13 January 1959)

Judgement Date : 13 Jan 1959

Citation : 1959 Latest Caselaw 2 SC

Headnote :

The appellant was tried for an offence under s. 165A of the Indian Penal Code for having abetted K, an Inspector in charge of checking paddy, in the commission of an offence by the latter under s. 161 of the Code. The prosecution case was that while the complainant was taking paddy for sale K demand...
Deep Chand Vs. The State of Uttar Pradesh & Ors [1959] INSC 3 (15 January 1959)

Judgement Date : 15 Jan 1959

Citation : 1959 Latest Caselaw 3 SC

Headnote :

These appeals impugned the constitutionality of the Uttar Pradesh Transport Service (Development) Act, 1955 (U. P. IX Of 1955), passed by the State Legislature after obtaining the assent of the President, and the validity of the scheme of nationalisation framed and the notifications issued by the St...
The Western India Theatres Ltd. Vs. The Cantonment Board, Poona, Cantonment [1959] INSC 4 (16 January 1959)

Judgement Date : 16 Jan 1959

Citation : 1959 Latest Caselaw 4 SC

Headnote :

The appellant, a public limited company, was the lessee of woo cinema houses, " West, End " and " Capitol " situated within the Poona cantonment area. , By a notification dated June 17, 1948, the Bombay Government with the sanction of the Governor-General-in-Council imposed certa...
Gopi Chand Vs. The Delhi Administration [1959] INSC 5 (20 January 1959)

Judgement Date : 20 Jan 1959

Citation : 1959 Latest Caselaw 5 SC

Headnote :

Section 36(1) of the East Punjab Public Safety Act, 1949, (Punj. 5 Of 1949), which was passed in the wake of the partition disturbances in India with a view to ensure public safety and the maintenance of public order, provided that offences mentioned therein land committed in the area declared to be...
Jute & Gunny Brokers Ltd. Vs. M/S. New Central Jute Mills Co., Ltd. [1959] INSC 6 (20 January 1959)

Judgement Date : 20 Jan 1959

Citation : 1959 Latest Caselaw 6 SC

Headnote :

In respect of a dispute between the appellant company and the respondent company which was referred to the arbitration of the Bengal Chamber of Commerce in terms of the arbitration clause contained in the contract entered into on April 6, 1951, an award was made on February 29, 1952, allowing the cl...
Tiruvenibai & ANR Vs. Smt. Lilabai [1959] INSC 7 (21 January 1959)

Judgement Date : 21 Jan 1959

Citation : 1959 Latest Caselaw 7 SC

Headnote :

A document purporting to be a receipt and bearing a four anna revenue stamp was executed by M in favour of the respondent and recited, inter alia, as follows: " I have this day given 108 to you the land described below which is owned by me. Now you have become occupancy tenant of the same. You...
M/S. Diwan Sugar & General Mills (Private) Ltd. & Ors Vs. The Union of India [1959] INSC 8 (23 January 1959)

Judgement Date : 23 Jan 1959

Citation : 1959 Latest Caselaw 8 SC

Headnote :

In exercise of the powers under S. 3 Of the Essential Commodities Act, 1955, and under cl. 5 of the Sugar (Control) Order, 1955, the Government of India issued a notification dated July 30, 1958, fixing the ex-factory price permaund of sugar produced in Punjab, Uttar Pradesh and North Bihar. The...
Bengal Chemical & Pharmaceutical Works Ltd., Calcutta Vs. Their Workmen [1959] INSC 9 (28 January 1959)

Judgement Date : 28 Jan 1959

Citation : 1959 Latest Caselaw 9 SC

Headnote :

Aggrieved by an Award of 195, the employees placed before the Company a fresh charter of demands which was mutually settled by a written agreement which provided, inter alia, that the existing rate of dearness allowance should prevail which was adjustable to any future substantial change in the cost...
Damodhar Tukaram Mangalmurti& Ors Vs. The State of Bombay [1959] INSC 10 (2 February 1959)

Judgement Date : 02 Feb 1959

Citation : 1959 Latest Caselaw 10 SC

Headnote :

In 1909, for the purpose of residential accommodation, plots of land were given on lease by the Government to the appellants and others for which a premium of Rs. 350 and an annual rent of Rs. 3-8-0 for each plot had to be paid. Clause III of the deed of lease in each case provided: " And th...
M/S. Lipton Limited & ANR Vs. Their Employees [1959] INSC 11 (2 February 1959)

Judgement Date : 02 Feb 1959

Citation : 1959 Latest Caselaw 11 SC

Headnote :

The appellant company was incorporated in the United Kingdom, with its registered office in London and its business in the United Kingdom consisted of stores and groceries, including tea which represented only about 10% of its business there. Its operations in India were carried on by a branch with...
The State of Madhya Pradesh Vs. Mubarak Ali [1959] INSC 12 (3 February 1959)

Judgement Date : 03 Feb 1959

Citation : 1959 Latest Caselaw 12 SC

Headnote :

Section 5A of the Prevention of Corruption Act, 1947, provided: " No police officer below the rank of a deputy Superintendent shall investigate any offence punishable under s. 161, s. 165 or s. 165A of the Indian Penal Code or under s. 5(2) of the Act without the order of a magistrate of the fi...
The Amalgamated Electricity Co. Ltd. Vs. N. S. Bathena [1959] INSC 13 (13 February 1959)

Judgement Date : 13 Feb 1959

Citation : 1959 Latest Caselaw 13 SC

Headnote :

The arbitration clause incorporated by s. 57(1) of the Electricity (Supply) Act, 1948, in a licence granted by the Government for the supply of electrical energy to the consumers is not available for adjudicating upon a dispute between the licensee and the consumer, for the licence is an engagement...
Waman Shriniwas Kini Vs. Ratilal Bhagwandas & Co [1959] INSC 14 (16 February 1959)

Judgement Date : 16 Feb 1959

Citation : 1959 Latest Caselaw 14 SC

Headnote :

The appellant was a tenant originally in the old building but after it was purchased by the respondent he vacated it and became a tenant under the respondent in the new premises. In the old building the appellant had subtenants, who shifted to the new premises along with the appellant when the latte...
M/S. Raman & Raman Ltd. Vs. The State of Madras & Ors [1959] INSC 15 (18 February 1959)

Judgement Date : 18 Mar 1959

Citation : 1959 Latest Caselaw 15 SC

Headnote :

The appellant and the fourth respondent along with others were applicants for a stage carriage permit. The Regional Transport Authority after hearing the applicants granted the permit to the appellant. On appeal by the fourth respondent the Central Road Traffic Board set aside the order of the Regio...
The Commissioner of Income-Tax, Mysore Travancore-Cochin And Vs. The Indo Mercantile Bank, Limited [1959] INSC 16 (23 February 1959)

Judgement Date : 23 Feb 1959

Citation : 1959 Latest Caselaw 16 SC

Headnote :

Section 32(1) of the Travancore Income-tax Act, which corresponds to S. 24(1) of the Indian Income-tax Act, 1922, provided : " Where any assessee sustains a loss of profits or gains in any year under any of the heads mentioned in Section 9 [s. 6 of the Indian Act he shall be entitled to have th...
Rai Bahadur Seth Teomal Vs. The Commissioner of Income Tax and The Commissioner of Excise [1959] INSC 17 (2 March 1959)

Judgement Date : 02 Mar 1959

Citation : 1959 Latest Caselaw 17 SC

Headnote :

The appellant was carrying on the business of a railway contractor in a place in the district of R. In April 1943, the Income-tax Officer of R which was under the charge of the Commissioner of Income-tax, Bengal (Mufassil), served a notice under S. 22(2) of the Indian Income-tax Act, 1922, on the ap...
Prem Nath Kaul Vs. The State of Jammu & Kashmir [1959] INSC 18 (2 March 1959)

Judgement Date : 02 Mar 1959

Citation : 1959 Latest Caselaw 18 SC

Headnote :

This appeal challenged the validity of the Jammu and Kashmir Big Landed Estate Abolition Act, XVII Of 2007 which was enacted by Yuvaraj Karan Singh on October 17, 1950, in exercise of the powers vested in him by S. 5 of the Jammu and Kashmir Constitution Act 14 of 1996 (1930) and the final proclamat...
Kavalappara Kottarathil Kochunnimoopil Nayar Vs. The State of Madras & Ors [1959] INSC 19 (4 March 1959)

Judgement Date : 04 Mar 1959

Citation : 1959 Latest Caselaw 19 SC

Headnote :

The petitioner in Petition No. 143 was the Moopil Nair of the Kavalappara sthanam and, as the sthanee, claimed to be the sole proprietor of the sthanam properties. The respondents Nos. 2 to 17, who were the junior members of the Kavalappara tarward or family, resisted the claim on the ground that th...
Mahadeo Vs. The State of Bombay [1959] INSC 20 (9 March 1959)

Judgement Date : 09 Mar 1959

Citation : 1959 Latest Caselaw 20 SC

Headnote :

Some of the proprietors of the former State of Madhya Pradesh granted to the several petitioners rights to take forest produce, mainly tendu leaves, from the forests included in the Zamindaris belonging to the proprietors. The agreements conveyed to the petitioners in addition to the tendu leaves...
The Delhi Cloth and General Mills Ltd. Vs. Kushal Bhan [1959] INSC 21 (10 March 1959)

Judgement Date : 10 Mar 1959

Citation : 1959 Latest Caselaw 21 SC

Headnote :

The appellant company served a charge-sheet on the respondent who was one of its employees alleging that he had stolen the cycle of the company's Head Clerk. A criminal case relating 228 to the theft was pending against him then. He was asked to show cause why he should not be dismissed for misc...
Additional Collector, Banares Vs. Maharaj Kishore Khanna [1959] INSC 22 (16 March 1959)

Judgement Date : 16 Mar 1959

Citation : 1959 Latest Caselaw 22 SC

Headnote :

The respondent, who owned landed properties at Banaras in Uttar Pradesh and at Purnea in Bihar, was heavily indebted and applied to the Collector, Banaras under s. 4 of the U. P. Encumbered Estates Act, 1934, for, liquidation of his debts. The Collector, acting under s. 6, forwarded the applicati...
Mcgregor & Balfour Ltd. Vs. The Commissioner of Income-Tax, West Bengal [1959] INSC 23 (16 March 1959)

Judgement Date : 16 Mar 1959

Citation : 1959 Latest Caselaw 23 SC

Headnote :

The appellant carried on business in England and in India. For the previous years it paid excess profits tax in both countries and it obtained deduction of the amounts so paid from its profits and gains for the purposes of the Indian Income-tax Act. In the assessment year 1947-48 it obtained a re...
The Commissioner of Income-Tax,Hyderabad-Deccan Vs. Messrs. Vazir Sultan & Sons [1959] INSC 24 (20 March 1959)

Judgement Date : 20 Mar 1959

Citation : 1959 Latest Caselaw 24 SC

Headnote :

In 1931 the respondent, a registered firm, was appointed the sole selling agents and distributors for the Hyderabad State of 376 cigarettes manufactured by V (a limited company)/ under the terms of a resolution of the Board of Directors, the agency commission being a discount of 2% on the gross sell...
Balkrishna Savalram Pujari & Ors Vs. Shree Dnyaneshwar Maharajsansthan & Ors [1959] INSC 25 (26 March 1959)

Judgement Date : 26 Mar 1959

Citation : 1959 Latest Caselaw 25 SC

Headnote :

The appellants who were the hereditary worshippers, called Guravs, of the Shree Dnyaneshwar Sansthan of Alandi, claimed to be its owners. The respondents as trustees of the said Sansthan dismissed eleven of the Guravs in 1911, served a notice on the rest calling upon them to agree to act according t...
The Commissioner of Income-Tax, West Bengal Vs. The Calcutta Stock Exchange Association Ltd. [1959] INSC 26 (26 March 1959)

Judgement Date : 26 Mar 1959

Citation : 1959 Latest Caselaw 26 SC

Headnote :

By sub-s. 6 of s. 10 of the Indian Income-tax Act, 1922: "A trade, professional or similar association performing specific services for its members for remuneration definitely related to those services shall be deemed for the purpose of this section to carry on business in respect of those serv...
Messrs. Howrah Trading Co., Ltd, Vs. The Commissioner of Income-Tax, Calcutta [1959] INSC 27 (26 March 1959)

Judgement Date : 26 Mar 1959

Citation : 1959 Latest Caselaw 27 SC

Headnote :

The assessee acquired shares in certain companies under "blank transfers” without getting the transfers registered with the companies and it received dividends in respect of these shares. It claimed that the dividend income should be grossed up under s. 16(2) Income-tax Act and tha...
Gherulal Parakh Vs. Mahadeodas Maiya & Ors [1959] INSC 28 (26 March 1959)

Judgement Date : 26 Mar 1959

Citation : 1959 Latest Caselaw 28 SC

Headnote :

The question for determination in this appeal was whether an agreement of partnership with the object of entering into wagering transactions was illegal within the meaning of s. 23 Of the Indian Contract Act. The appellant and the respondent No. 1 entered into a partnership with the object of enteri...
In Re: The Berubari Union and Exchange of Enclaves [1959] INSC 29 (1 April 1959)

Judgement Date : 01 Apr 1959

Citation : 1959 Latest Caselaw 29 SC

Headnote :

As a result of the Radcliffe Award dated August 12, 1947, Berubari Union No. 12 fell within West Bengal and was treated as such by the Constitution which came into force on January 26, 195o, and has since been governed on that basis. Certain disputes arose between India and Pakistan subsequent to...
Om Prabha Jain Vs. Gian Chand & ANR [1959] INSC 30 (1 April 1959)

Judgement Date : 01 Apr 1959

Citation : 1959 Latest Caselaw 30 SC

Headnote :

Section 117 of the Representation of the People Act, 1951 provided: " The petitioner shall enclose with the petition a Government Treasury receipt showing that a deposit of one thousand rupees has been made by him...... in favour of the Secretary to the Election Commission as security for the c...
Sardar Sarup Singh & Ors Vs. The State of Punjab & Ors [1959] INSC 31 (1 April 1959)

Judgement Date : 01 Apr 1959

Citation : 1959 Latest Caselaw 31 SC

Headnote :

In 1925 the Sikh Gurdwaras Act, 1925, was passed, inter alia, for the better administration of certain Sikh Gurdwaras, and after the merger of the erstwhile State of Patiala and the East Punjab States Union, called Pepsu, with the State of Punjab, the Act was amended by the Sikh Gurdwaras (Amendment...
Chandrika Prasad Tripathi Vs. Shri Siv Prasad Chanpuria & Ors [1959] INSC 32 (9 April 1959)

Judgement Date : 09 Apr 1959

Citation : 1959 Latest Caselaw 32 SC

Headnote :

Respondent I filed an election petition challenging the election of the appellant. The security required to be deposited under s. 117 Of the Representation of the People Act, 1951, was made in the following terms: " Security deposits for Election Petition of Bargi Assembly Constituency No. 9...
M/S. Maharana Mills (Private) Ltd. Vs. The Income-Tax Officer, Porbandar [1959] INSC 33 (14 April 1959)

Judgement Date : 14 Apr 1959

Citation : 1959 Latest Caselaw 33 SC

Headnote :

Sub-section (1) Of s. 35 of the Indian Income-tax Act, 1922, provided: the Income-tax officer may on his own motion rectify any mistake apparent from the record and shall rectify any such mistake which has been brought to his notice by an assesses : Provided that no such rectification shall be made,...
Bhagwan Singh Vs. Rameshwar Prasad Sastri & Ors [1959] INSC 34 (14 April 1959)

Judgement Date : 14 Apr 1959

Citation : 1959 Latest Caselaw 34 SC

Headnote :

The election of the appellant as a member of the Bihar State Assembly was challenged under s. 7(d) of the Representation of the People Act, 951, by the first respondent who was also a candidate for election for the same constituency, on the ground that at the date of the nomination the appellant had...
Messrs. R. C. Mitter & Sons Vs. The Commissioner of Income-Tax, West Bengal, Calcutta [1959] INSC 35 (15 April 1959)

Judgement Date : 15 Apr 1959

Citation : 1959 Latest Caselaw 35 SC

Headnote :

The question for determination in these two appeals was whether the appellant firms were entitled to registration under S. 26A of the Indian Income-tax Act and the common point of law involved was the interpretation of the words " constituted under an instrument of partnership " occurring...
The State of Bihar & Ors Vs. Bhabapritananda Ojha [1959] INSC 36 (15 April 1959)

Judgement Date : 15 Apr 1959

Citation : 1959 Latest Caselaw 36 SC

Headnote :

In respect of an ancient temple situate in the State of Bihar, disputes arose in I897 between the high priest and the " pandas " regarding the control of the temple which ultimately led to a suit being filed under S. 539 (now s. 92) Of the Code of Civil Procedure, in the Court of the Di...
The State of Bihar & Ors Vs. Sm. Charusila Dasi [1959] INSC 37 (15 April 1959)

Judgement Date : 15 Apr 1959

Citation : 1959 Latest Caselaw 37 SC

Headnote :

A deed of trust was executed by the respondent on March II, 1938, when she was residing at D in the State of Bihar, in respect of the properties described in the Schedules referred to in the deed, some of which were situate outside the State of Bihar. In the trust deed she described herself as the s...
Mahant Ram Saroop Dasji Vs. S. P. Sahi [1959] INSC 38 (15 April 1959)

Judgement Date : 15 Apr 1959

Citation : 1959 Latest Caselaw 38 SC

Headnote :

The appellant as the Mahant of the Salouna asthal made an application in the High Court under Art. 226 of the Constitution praying inter alia for the issue of a writ quashing the order of the Bihar State Board of Religious Trusts requiring the appellant to submit a return of income and expenditure u...
Mahant Moti Das Vs. S. P. Sahi [1959] INSC 39 (15 April 1959)

Judgement Date : 15 Apr 1959

Citation : 1959 Latest Caselaw 39 SC

Headnote :

The appellants as the Mahants of the respective maths or asthals were served with notices under s. 59 of the Bihar Hindu Religious Trusts Act, 195o, by the President, Bihar State Board of Religious Trusts, asking them to furnish statements and accounts of the properties in their possession. They cha...
Commissioner of Income-Tax, West Bengal Vs. Calcutta National Bank Limited [1959] INSC 40 (20 April 1959)

Judgement Date : 20 Apr 1959

Citation : 1959 Latest Caselaw 40 SC

Headnote :

The respondent was a banking company and the question was whether it was liable to pay excess profits tax on a sum of Rs. 86,000 received by it as rent in respect of the major part of a six-storeyed building owned and constructed by it, which it had let out, the rest being occupied by its headquarte...
Andheri Marol Kurla Bus Service& ANR Vs. The State of Bombay [1959] INSC 41 (21 April 1959)

Judgement Date : 21 Apr 1959

Citation : 1959 Latest Caselaw 41 SC

Headnote :

Conciliation proceedings were started in January. 1952 with respect to some disputes between appellant 1 and its workmen. On May 9, 1952, the Union and on June 2, 1952, the appellant 1 indicated to the Conciliation Officer that the negotiations had failed. In the meantime on March ~I8, 1952, the app...
Ranjit Singh Vs. The State of Punjab [1959] INSC 42 (21 April 1959)

Judgement Date : 21 Apr 1959

Citation : 1959 Latest Caselaw 42 SC

Headnote :

A habeas corpus application was made to the High Court alleging that one S had been illegally arrested and kept in unlawful custody without any charge being made against him and without obtaining remand from a Magistrate. By way of a return the appellant, a sub-Inspector of Police, filed a false aff...
The Management of Ranipur Colliery Vs. Bhuban Singh & Ors [1959] INSC 43 (21 April 1959)

Judgement Date : 21 Apr 1959

Citation : 1959 Latest Caselaw 43 SC

Headnote :

The Company after regular enquiry and pending permission of the Industrial Tribunal under s. 33 of the Industrial Disputes Act, 1947, suspended some workmen without pay, whereupon the workmen filed applications under s. 33A of the Act before the 'Industrial Tribunal on the ground that their susp...
The Commissioner of Sales-Tax,Eastern Division, Nagpur Vs. Husenali Adamji And Co [1959] INSC 44 (21 April 1959)

Judgement Date : 21 Apr 1959

Citation : 1959 Latest Caselaw 44 SC

Headnote :

The respondent company was a dealer in matchwood called sawar " and his place of business was situate in Chanda in the erstwhile Central Provinces. Pursuant to an agreement between the respondent and a match factory, the former loaded diverse quantities of " sawar " logs on railway wa...
Ram Gopal Vs. Anant Prasad & ANR [1959] INSC 45 (21 April 1959)

Judgement Date : 21 Apr 1959

Citation : 1959 Latest Caselaw 45 SC

Headnote :

The appellant who was the holder of a permit to run a stage carriage, which was about to expire, made an application to the State Transport Authority for its renewal for a further period. The respondent made a representation against the renewal of the appellant's permit and also applied for the...
The State of Ajmer (Now Rajasthan) Vs. Shivji Lal [1959] INSC 46 (22 April 1959)

Judgement Date : 22 Apr 1959

Citation : 1959 Latest Caselaw 46 SC

Headnote :

The respondent who was a teacher in a railway school was prosecuted under s. 161 of the Indian Penal Code and s. 5(2) read with s. 5(1)(d) of the Prevention of Corruption Act, 1947. The (1) [1952] L.A.C. 219, 222. 740 prosecution case was that the respondent offered to secure a job for the compla...
Ujagar Singh Vs. Mst. Jeo [1959] INSC 47 (23 April 1959)

Judgement Date : 23 Apr 1959

Citation : 1959 Latest Caselaw 47 SC

Headnote :

The question involved in this appeal was whether under the customary law of the Punjab a sister was a preferential heir in respect of her brother's self-acquired property, to a collateral. The respondent, the sister, relied on a custom, which she termed a special custom, and on that basis claime...
Din Dayal Sharma Vs. The State of Uttar Pradesh [1959] INSC 48 (23 April 1959)

Judgement Date : 23 Apr 1959

Citation : 1959 Latest Caselaw 48 SC

Headnote :

The appellant was committed to the Court of Session for trial of offences under s. 5(2) Prevention of Corruption Act, 1947 and s. 161 Indian Penal Code. Shortly thereafter, the Criminal Law (Amendment) Act, 1952 came into force. An Assistant Sessions judge tried the appellant and convicted him of th...
The Patna Electric Supply Co., Ltd. Patna Vs. The Patna Electric Supply Workers' Union [1959] INSC 49 (23 April 1959)

Judgement Date : 23 Apr 1959

Citation : 1959 Latest Caselaw 49 SC

Headnote :

One of the items in dispute referred to the Industrial Tribunal for adjudication, which was the subject matter of this appeal, related to the demand of the Workers' Union that the appellant company must provide quarters to its employees in terms of the Bihar Government Scheme and undertake immed...
Ram Dial Vs. Sant Lal & Ors [1959] INSC 50 (23 April 1959)

Judgement Date : 23 Apr 1959

Citation : 1959 Latest Caselaw 50 SC

Headnote :

This appeal was directed against concurrent orders of the Election Tribunal and the High Court on appeal, setting aside the appellant's election to the Punjab Legislative Assembly on an election petition filed by the respondent No. 1, on the ground of corrupt practice of undue influence within t...
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