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Messrs. Godrej & Company, Bombay Vs. Commissioner of Income-Tax, Bombay [1959] INSC 101 (4 August 1959)

Judgement Date : 04 Aug 1959

Citation : 1959 Latest Caselaw 101 SC

Headnote :

Under an agreement dated December 8, 1933, the appellant firm was appointed managing agent of a limited company for a period of thirty years from November 9, 1933. Clause 2 of the agreement provided for the remuneration of the managing agent. Some of the shareholders and directors of the company hav...
Sri Rajah Velugoti Venkata Sesha Varda Raja Gopala Krish Vs. The State of Andhra Pradesh [1959] INSC 102 (14 August 1959)

Judgement Date : 14 Aug 1959

Citation : 1959 Latest Caselaw 102 SC

Headnote :

The principal question for determination in these appeals, arising out of writ petitions filed in the High Court, related to the validity of an order passed by the Board of Revenue (Andhra) terminating the appellant's lease in respect of certain state quarries situated in the Venkatagiri Estate,...
The Hindustan Forest Company Vs. Lal Chand & Ors [1959] INSC 103 (19 August 1959)

Judgement Date : 19 May 1959

Citation : 1959 Latest Caselaw 103 SC

Headnote :

Under a contract for the sale of goods, the buyer paid an advance amount towards the price of the goods to be supplied and various quantities of goods were thereafter delivered by the sellers. The buyer from time to time made various other payments towards the price of the goods after they had been...
Gullapalli Nageswara Rao Vs. The State of Andhra Pradesh & Ors [1959] INSC 104 (21 August 1959)

Judgement Date : 21 Aug 1959

Citation : 1959 Latest Caselaw 104 SC

Headnote :

The appellants were carrying on motor transport business in Krishna District in Andhra Pradesh. The General Manager of the State Transport Undertaking published a scheme for nationalisation of motor transport and objections to the said scheme were invited. The appellants, among others, filed their o...
Shiva Jute Baling Limited Vs. Hindley And Company Limited [1959] INSC 105 (21 August 1959)

Judgement Date : 21 Aug 1959

Citation : 1959 Latest Caselaw 105 SC

Headnote :

The appellant company, incorporated in India, entered into a contract on June 18, 1945, for the supply of five hundred bales of jute, with the respondent company which was incorporated in England and which had its registered office in London. The contract, inter alia, provided that in the event of d...
Gohar Begam Vs. Suggi Alias Nazma Begam & Ors [1959] INSC 106 (27 August 1959)

Judgement Date : 27 Aug 1959

Citation : 1959 Latest Caselaw 106 SC

Headnote :

An unmarried Sunni Muslim mother of an illegitimate female child made an application under s. 49I Of the Code of Criminal Procedure for the recovery of the child from the respondents. Held, that under the Mohammedan Law the mother of an illegitimate female infant child is entitled to its custody....
Rm.Nl. Ramaswami Chettiar & Ors Vs. The Official Receiver, Ramanathapuram Art Madurai & Ors [1959] INSC 107 (28 August 1959)

Judgement Date : 28 Aug 1959

Citation : 1959 Latest Caselaw 107 SC

Headnote :

On May 91 1935, one V obtained a decree against R and later assigned the same in favour of his mother M. M made an application for an order recognizing her as the assignee and for 617 execution which was disposed of on September 27, 1937. In 1939, V was adjudicated an insolvent on the ground that th...
Babulal Parate Vs. The State of Bombay & ANR [1959] INSC 108 (28 August 1959)

Judgement Date : 28 Sep 1959

Citation : 1959 Latest Caselaw 108 SC

Headnote :

A Bill introduced in the House of the People on the report of the States Reorganisation Commission and as recommended by the President under the proviso to Art. 3 Of the Constitution, contained a proposal for the formation of three separate units, viz., (1) Union territory of Bombay, (2) Maharashtra...
Vishwanath Vs. The State of Uttar Pradesh [1959] INSC 109 (3 September 1959)

Judgement Date : 03 Sep 1959

Citation : 1959 Latest Caselaw 109 SC

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

Judgement Date : 04 Sep 1959

Citation : 1959 Latest Caselaw 110 SC

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...
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...
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

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,...
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

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...
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

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...
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

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...
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

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

Judgement Date : 15 Sep 1959

Citation : 1959 Latest Caselaw 118 SC

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...
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

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...
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

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...
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

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...
India General Navigation and Railway Co. Ltd. Vs. Their Workmen [1959] INSC 122 (14 October 1959)

Judgement Date : 14 Oct 1959

Citation : 1959 Latest Caselaw 122 SC

Headnote :

It was a contradiction in terms to say that a strike in a public utility service, which was clearly illegal, could also be justified. The law does not contemplate such a position nor is it warranted by any distinction made by the Industrial Disputes Act, 1947. It should be clearly understood by work...
The Dunlop Rubber Co. (India) Ltd. Vs. Workmen & Ors [1959] INSC 123 (16 October 1959)

Judgement Date : 16 Oct 1959

Citation : 1959 Latest Caselaw 123 SC

Headnote :

The appellant company was an all-India concern and carried on the major part of its business in Calcutta. Its clerical and non-clerical staff in Bombay raised disputes relating to gratuity and age of retirement and contended that the scale of gratuity for both the clerical and non-clerical staff pro...
Messrs. Brahmachari Research Institute Vs. Its Workmen [1959] INSC 124 (16 October 1959)

Judgement Date : 16 Oct 1959

Citation : 1959 Latest Caselaw 124 SC

Headnote :

The retrenched workmen of the appellant concern who were paid compensation as provided in s 25F of the Industrial Disputes Act, 1947, claimed that they were entitled to be paid in addition gratuity under the gratuity scheme in force in the appellant concern as modified by the award of the industrial...
The Indian Hume Pipe Co. Ltd. Vs. The Workmen & ANR [1959] INSC 125 (16 October 1959)

Judgement Date : 16 Nov 1959

Citation : 1959 Latest Caselaw 125 SC

Headnote :

Section 25F(b) of the Industrial Disputes Act, 1947, provided: "No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until ... (b) the workman has been paid, at the time of retrenchment, compensa...
N. R. Ghose Alias Nikhil Ranjan Ghose Vs. The State of West Bengal [1959] INSC 126 (27 October 1959)

Judgement Date : 27 Oct 1959

Citation : 1959 Latest Caselaw 126 SC

Headnote :

A complaint was filed against the appellant and one Bose before the Sub-Divisional Magistrate, Darjeeling. Under the W.B. Criminal Law Amendment (Special Courts) Act, 1949 the case was allotted to Mr. Dutta Gupta, Special judge, Alipur, who by order dated July 11, 1951, acquitted the appellant but c...
K. Satwant Singh Vs. The State of Punjab [1959] INSC 127 (28 October 1959)

Judgement Date : 28 Oct 1959

Citation : 1959 Latest Caselaw 127 SC

Headnote :

The appellant, who had been a contractor in Burma, in response to an advertisement issued in August, 1942, by the evacuee Government of Burma, then functioning at Simla, inviting claims from contractors for works of construction and repairs executed by them, submitted claims aggregating to several l...
Union of India Vs. Amar Singh [1959] INSC 128 (28 October 1959)

Judgement Date : 28 Oct 1959

Citation : 1959 Latest Caselaw 128 SC

Headnote :

The respondent booked certain goods on September 4, 1947, with the N. W. Railway at Quebec in Pakistan to New Delhi. The wagon containing the goods was received at the Indian border station of Khem Karan on November 1, 1947, duly sealed and labelled indicating its destination as New Delhi. It...
Shri Bhaskar Waman Joshi & Ors Vs. Shri Narayan Rambilas Agarwal & Ors [1959] INSC 129 (3 November 1959)

Judgement Date : 03 Nov 1959

Citation : 1959 Latest Caselaw 129 SC

Headnote :

A deed dated September 10, 1931, described as a sale deed, recited that the transferors were indebted and that to discharge the liability three items of immovable properties, described in the deed and separately valued, were conveyed in full ownership and that possession was delivered to the transfe...
Y. Mahaboob Sheriff & Ors Vs. Mysore State Transport Authority & Ors [1959] INSC 130 (6 November 1959)

Judgement Date : 06 Nov 1959

Citation : 1959 Latest Caselaw 130 SC

Headnote :

Sub-section (1)(a) of s. 58 of the Motor Vehicles Act, 1939, provides," A stage carriage permit or a contract carriage permit other than a temporary permit issued under s. 62 shall be effective without renewal for such period not less than three years and not more than five years, as the Region...
Shrinivasa Reddy & Ors Vs. The State of Mysore & Ors [1959] INSC 131 (6 November 1959)

Judgement Date : 06 Nov 1959

Citation : 1959 Latest Caselaw 131 SC

Headnote :

The stage carriage permits of the petitioners, who were also the petitioners in Writ Petition NO. 75 of 1959, previously, reported, were expiring on 31st March, 1958, and were renewed up to March 31, 959. A fresh scheme of nationalisation having 131 been approved and published under s. 68C of the Mo...
Jibon Krishna Mukherjee & ANR Vs. New Bheerbhum Coal Co. Ltd. & ANR [1959] INSC 132 (10 November 1959)

Judgement Date : 10 Nov 1959

Citation : 1959 Latest Caselaw 132 SC

Headnote :

On the judgment debtor's default in paying the agreed installments of the decretal amount a receiver was appointed by the Court in execution of the decree under s. 51 of the Code of Civil Procedure with power to sell the judgment debtor's property either by private agreement or public auctio...
The Official Liquidators, U. P. Union Bank Ltd. Vs. Shri Rameshwar Nath Aggarwal [1959] INSC 133 (10 November 1959)

Judgement Date : 10 Nov 1959

Citation : 1959 Latest Caselaw 133 SC

Headnote :

The U. P. Union Bank was in occupation of a building belonging to the respondent as a tenant. After the passing of the winding up order of the bank the Official Liquidators removed the offices of the bank from the premises and called upon the respondent landlord to take possession thereof. The re...
Bharwad Mepa Dana & ANR Vs. State of Bombay [1959] INSC 134 (10 November 1959)

Judgement Date : 10 Nov 1959

Citation : 1959 Latest Caselaw 134 SC

Headnote :

Twelve named persons, including the two appellants, were charged with having formed an unlawful assembly with the common object of committing the murder of three persons. The Sessions Judge acquitted seven of the accused but convicted five under s. 302 read with 149 and s. 302 read with 34 of the...
The Okara Electric Supply Co. Ltd. & ANR Vs. The State of Punjab & ANR [1959] INSC 135 (13 November 1959)

Judgement Date : 13 Nov 1959

Citation : 1959 Latest Caselaw 135 SC

Headnote :

Section 28(1) of the Indian Electricity Act, 1910 authorised the State Government to grant sanction to a non-licensee to engage in the business of supplying energy on " such conditions in this behalf " as it may fix. By a notification dated May 26, 1948, issued under S. 28(1) the first res...
Ct. A. Ct. Nachiappa Chettiar & Ors Vs. Ct. A. Ct. Subramaniam Chettiar [1959] INSC 136 (13 November 1959)

Judgement Date : 13 Nov 1959

Citation : 1959 Latest Caselaw 136 SC

Headnote :

In a suit for partition of the joint family properties filed by the respondent against his brother and his sons, appellants 1 to 5 respectively, the latter while admitting the relationship of the respondent and his half share to the family properties, pleaded, inter alia, that the court had no juris...
Mst. Rukhmabai Vs. Lala Laxminarayan & Ors [1959] INSC 137 (17 November 1959)

Judgement Date : 17 Nov 1959

Citation : 1959 Latest Caselaw 137 SC

Headnote :

A joint Hindu family which was heavily indebted owned extensive properties and business. In 1915 certain members of the family including one Govindprasad executed a registered deed of relinquishment in favour of another member. The deed recited that the members of the family had become separated in...
All India Station Masters & Assistant Station Master' Vs. General Manager, Central Railways & Ors [1959] INSC 138 (20 November 1959)

Judgement Date : 20 Nov 1959

Citation : 1959 Latest Caselaw 138 SC

Headnote :

The Roadside Station Masters of the Central Railway challenged the constitutionality of promotion for guards to higher grade station masters' posts. The petitioners contended that the channel of promotions amounted to a denial of equal opportunity as between Roadside Station Masters and Guards i...
S. M. Banerji Vs. Sri Krishna Agarwal [1959] INSC 139 (20 November 1959)

Judgement Date : 20 Nov 1959

Citation : 1959 Latest Caselaw 139 SC

Headnote :

The appellant held an office under the Government and was dismissed from service on January 24, 1956, for a reason other than corruption or disloyalty to the State. He filed his nomination paper for election to Parliament which did not disclose any disqualifications. No objection was taken to the no...
Feroz Din & Ors Vs. The State of West Bengal [1959] INSC 140 (25 November 1959)

Judgement Date : 25 Nov 1959

Citation : 1959 Latest Caselaw 140 SC

Headnote :

A company dismissed from its service four of the appellants, for taking part and instigating others to join, in an illegal slowdown strike in the Hot Mill Section of its works, which were a public utility service. On such dismissal the slow-down strike however gained strength. The company thereupon...
State of Jammu & Kashmir & Ors Vs. Thakur Ganga Singh & ANR [1959] INSC 141 (26 November 1959)

Judgement Date : 26 Apr 1959

Citation : 1959 Latest Caselaw 141 SC

Headnote :

The respondents filed a petition in the High Court of Jammu Kashmir Motor Vehicles Rules. The High Court held that the said rule was ultra vires as offending Art. 14 of the Constitution. The appellants filed an application in the High Court for a certificate under Art. 132(1) of the Constitution whi...
The State of Bihar Vs. Rat Bahadur Hurdut Roy-Mott Lall Jute Mills & ANR [1959] INSC 142 (26 November 1959)

Judgement Date : 26 Nov 1959

Citation : 1959 Latest Caselaw 142 SC

Headnote :

The respondent mills, a registered dealer under the Bihar Sales Tax Act, 1947 (Act 111 of 1947), was carrying on business of manufacture and sale of gunny bags, hessian and other jute products at Katihar. During the period April 1, 1950, to March 31, 1951, it sold and despatched its wares worth abou...
The State Vs. Hiralal G. Kothari & Ors [1959] INSC 143 (30 November 1959)

Judgement Date : 30 Nov 1959

Citation : 1959 Latest Caselaw 143 SC

Headnote :

On March 9, 1956, a conspiracy to divulge the budget proposals on receiving valuable consideration was discovered and a case was registered under s. 165A of the Indian Penal Code, s. 5(2) of the Prevention of Corruption Act, 1947, s. 5 of the Official Secrets Act, 1923, and s. 120B of the Indian Pen...
State of Madhya Pradesh & Ors Vs. Shardul Singh [1959] INSC 144 (2 December 1959)

Judgement Date : 02 Dec 1959

Citation : 1959 Latest Caselaw 144 SC

Headnote :

The Superintendent of Police initiated a departmental inquiry against the respondent, who was a Sub-Inspector, with respect to certain charges, found him guilty, and forwarded the report to the Inspector-General of Police, who was the authority competent to dismiss him, for necessary action. The Ins...
Arun Ghosh Vs. State of West Bengal [1959] INSC 145 (2 December 1959)

Judgement Date : 02 Dec 1959

Citation : 1959 Latest Caselaw 145 SC

Headnote :

The appellant molested two respectable young ladies threatened their father's life and assaulted two other individuals. He was detained under s. 3(2) of the Preventive Detention Act, 1950 in order to prevent him from acting prejudicially to the maintenance of public order. On the question of...
Chaturbhai M. Patel Vs. The Union of India & Ors [1959] INSC 146 (2 December 1959)

Judgement Date : 02 Dec 1959

Citation : 1959 Latest Caselaw 146 SC

Headnote :

The petitioner who was doing business in tobacco was charged with the contravention of Rules 151(C) and 226 of the Central Excise Rules, 1944, framed under the Central Excises and Salt Act, 1944. The Collector finding the charges to be proved ordered confiscation of the goods found in the petitioner...
Narendra Kumar & Ors Vs. The Union of India & Ors [1959] INSC 147 (3 December 1959)

Judgement Date : 03 Dec 1959

Citation : 1959 Latest Caselaw 147 SC

Headnote :

On different dates prior to April 3, 1958, the petitioners entered into contracts of purchase of copper with 'importers at Bombay and Calcutta, but before they could take delivery from the importers the Government of India, in exercise of its powers under s. 3 of the Essential Commodities Act, 1...
Rathod Bhimjibhai Masrubhai Rajput & ANR Vs. The State of Bombay & Ors [1959] INSC 148 (7 December 1959)

Judgement Date : 07 Dec 1959

Citation : 1959 Latest Caselaw 148 SC

Headnote :

The appellants who were holders of certain lands known as Lal-liti " lands were assessed to land revenue under the provisions of the Bombay Land Revenue Code, 1879, after the Bombay Taluqdari Tenure Abolition Act, 3 1949, came into force. "Lal-liti " lands were granted originally by T...
Messrs Fedco (P) Ltd. & ANR Vs. S. N. Bilgrami & Ors [1959] INSC 149 (9 December 1959)

Judgement Date : 09 Dec 1959

Citation : 1959 Latest Caselaw 149 SC

Headnote :

The petitioner company applied to the Chief Controller of Imports and Exports, Government of India, New Delhi, for five import licences and obtained them from the joint Chief Controller of Imports and Exports, Bombay, purporting to grant the same on the authority of the former, and placed orders for...
Anant Chintaman Lagu Vs. The State of Bombay [1959] INSC 150 (14 December 1959)

Judgement Date : 14 Dec 1959

Citation : 1959 Latest Caselaw 150 SC

Headnote :

At the trial of a person for murder by alleged poisoning, the fact of death by poisoning is provable by circumstantial evidence, notwithstanding that the autopsy as well as the chemical analysis fail to disclose any poison; though the cause of death may not appear to be established by direct evidenc...
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