Caselaw | Supreme Court Judgements of september 1959

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Vishwanath Vs. The State of Uttar Pradesh [1959] INSC 109 (3 September 1959)

Judgement Date : 03 Sep 1959

Citation : 1959 Latest Caselaw 109 SC

Indian Penal Code, 1860 (IPC)
IPC Section 100. When the right of private defence of the body extends to causing death
IPC Section 377. Unnatural offences [Declared Unconstitutional by Supreme Court]

Headnote :

The relations between one G and his wife were strained and she went to live with her father B and her brother V, the appellant. G, with three others, went to the quarter of B and he went inside and came out dragging his reluctant wife behind him. She caught hold of the door and G started pulling her...

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Chinubhai Haridas Vs. The State of Bombay [1959] INSC 110 (4 September 1959)

Judgement Date : 04 Sep 1959

Citation : 1959 Latest Caselaw 110 SC

Factories Act, 1948

Headnote :

The appellant was the occupier of a factory where there was a pit in which dangerous fumes were likely to be present. The pit was securely covered and enclosed and no one was expected to go down into it for normal work as it was worked by gadgets fixed nearby above the ground. Something went wron...

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Radha Prasad Singh Vs. Gajadhar Singh & Ors [1959] INSC 111 (7 September 1959)

Judgement Date : 07 Sep 1959

Citation : 1959 Latest Caselaw 111 SC

Headnote :

Although it is well-settled that a court of appeal should not lightly disturb a finding of fact arrived at by the trial judge who had the opportunity of observing the demeanour of the witnesses and hearing them, that does not mean that an appellate court hearing an appeal on facts can never reverse...

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Rehman Shagoo & Ors Vs. State of Jammu And Kashmir [1959] INSC 112 (10 September 1959)

Judgement Date : 10 Sep 1959

Citation : 1959 Latest Caselaw 112 SC

Constitution of India

Headnote :

Under the Jammu and Kashmir Constitution Act all powers, legislative, executive and judicial vested in the Ruler. On the accession of the State to India on October 22, 1947, the powers in respect of defence, external affairs and communications were ceded to India. Under S. 5 Of the Constitution Act,...

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The Associated Cement Companies Limited, Chaibassa Cement Vs. Their Workmen [1959] INSC 113 (11 September 1959)

Judgement Date : 11 Sep 1959

Citation : 1959 Latest Caselaw 113 SC

Factories Act, 1948
Industrial Disputes Act, 1947
Mines Act, 1952

Headnote :

The cement factory in question which is in the State of Bihar belonged to the appellant company and a limestone quarry owned by the same company As situate about a mile and a half from the factory. Limestone being the principal raw material for the manufacture of cement, the factory depended exclusi...

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Lilachand Tuljaram Gujar & Ors Vs. Mallappa Tukaram Borgavi & Ors [1959] INSC 114 (11 September 1959)

Judgement Date : 11 Sep 1959

Citation : 1959 Latest Caselaw 114 SC

Bombay Land Revenue Code, 1879

Headnote :

The suit out of which the present appeal arose was one for redemption of some occupancy lands, owned and mortgaged by two brothers, S and A, the Khata of the lands standing in the name of S as the registered occupant under s. 74 of the Bombay Land Revenue Code, 1879. The mortgage, which was a usufru...

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Chhadami Lal Jain & Ors Vs. The State of Uttar Pradesh and another [1959] INSC 115 (14 September 1959)

Judgement Date : 14 Sep 1959

Citation : 1959 Latest Caselaw 115 SC

CrPC Section 200. Examination of complainant
CrPC Section 208. Supply of copies of statements and documents to accused in other cases triable by court of Session
CrPC Section 360. Order to release on probation of good conduct or after admonition
Indian Penal Code, 1860 (IPC)
IPC Section 406. Punishment for criminal breach of trust
IPC Section 477A. Falsification of accounts

Headnote :

A complaint was filed against seven persons under SS. 409, 465, 467, 471 and 477A of the Indian Penal Code. After examining the complainant summonses were issued to the accused to answer a charge under s. 406. 'The trial started as in a warrant case; prosecution witnesses were examined and cross...

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The State of Bihar Vs. Hiralal Kejriwal & ANR [1959] INSC 116 (14 September 1959)

Judgement Date : 14 Sep 1959

Citation : 1959 Latest Caselaw 116 SC

Constitution of India
Cotton Textiles (Control of Movement) Order, 1948
CrPC Section 438. Direction for grant of bail to person apprehending arrest
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

In exercise of the powers under s. 3 of the Essential Supplies (Temporary Powers) Act, 1946, the Central Government made the Cotton Textile (Control of Movement) Order, 1948. The 1946 Act was to expire on January 26, 1955, but before that, on January 21, 1955, the Essential Commodities Ordinance was...

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Chimanlal Premchand Vs. The State of Bombay [1959] INSC 117 (15 September 1959)

Judgement Date : 15 Sep 1959

Citation : 1959 Latest Caselaw 117 SC

Headnote :

The appellant as a trader made purchases of full pressed, cotton bales in the market area of Broach without requisite licence from the market committee, thereby contravening the provisions of r. 65(1) of the Bombay Agricultural Produce Market Rule 1941. The appellant, inter alia, contended that the...

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Jethanand Betab Vs. The State of Delhi [1959] INSC 118 (15 September 1959)

Judgement Date : 15 Sep 1959

Citation : 1959 Latest Caselaw 118 SC

General Clauses Act, 1897
Indian Telegraph Act, 1885
Indian Wireless Telegraphy Act, 1933

Headnote :

Section 3 of the Indian Wireless Telegraphy Act, 1933 provided that no person shall possess wireless telegraphy apparatus without a licence and s. 6 made such possession punishable. The Indian Wireless Telegraphy (Amendment) Act, 1949, introduced s. 6(1A) in the 1933 Act, which provided for a heavie...

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Abdul Rehman Mahomed Yusuf Vs. Mahomed Haji Ahmad Agbotwala & ANR [1959] INSC 119 (15 September 1959)

Judgement Date : 15 Sep 1959

Citation : 1959 Latest Caselaw 119 SC

CrPC Section 198. Prosecution for offences against marriage
CrPC Section 238. Compliance with section 207
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 500. Punishment for defamation

Headnote :

The appellant filed a complaint against the respondent and another under s 385, 389, 500/109 of the Indian Penal Code. The Trial Court found that there was no conspiracy to defame the appellant or to extort money from him and a charge under S. 500 Indian Penal Code only was framed against the res...

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Narayan Bhagwantrao Gosavibalajiwale Vs. Gopal Vinayak Gosavi & Ors [1959] INSC 120 (22 September 1959)

Judgement Date : 22 Sep 1959

Citation : 1959 Latest Caselaw 120 SC

Bombay Rent-Free Estates Act, 1852
Charitable and Religious Trusts Act, 1920
Code of Civil Procedure, 1908 (CPC)

Headnote :

The question for determination in this appeal, arising out of a suit filed by the appellant under s. 5(3) of the Charitable and Religious Trusts, Act, 1920, was whether the ancient temple of Shri Balaji Venkatesh at Nasik and its Sansthan constituted a charitable and religious trust within the meani...

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The Punjab National Bank, Ltd. Vs. Its Workmen [1959] INSC 121 (24 September 1959)

Judgement Date : 24 Sep 1959

Citation : 1959 Latest Caselaw 121 SC

Government of India Act, 1935
Industrial Disputes Act, 1947
IPC Section 441. Criminal trespass

Headnote :

The employees of the appellant Bank commenced pen-down strikes, which were followed by a general strike, pending arbitration of an industrial dispute between them. The Government of India intervened and as the result of an agreement that followed the Bank reinstated all the employees except 150, aga...

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