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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 :

On December 8, 1933, an agreement was made appointing the appellant firm as the managing agent of a limited company for a thirty-year term starting November 9, 1933. Clause 2 of this agreement outlined the managing agent\'s remuneration. Some shareholders and directors believed that the remuneration...
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 main issue to be resolved in these appeals, which stem from writ petitions submitted to the High Court, concerns the legitimacy of an order issued by the Board of Revenue (Andhra) that terminated the appellant\'s lease for certain state quarries located in the Venkatagiri Estate. This estate was...
The Hindustan Forest Company Vs. Lal Chand & Ors [1959] INSC 103 (19 August 1959)

Judgement Date : 19 Aug 1959

Citation : 1959 Latest Caselaw 103 SC

Headnote :

In a contract for the sale of goods, the buyer made an advance payment towards the total price of the goods to be supplied, and the sellers subsequently delivered various quantities of goods. The buyer continued to make additional payments towards the price after the goods had been delivered. The fi...
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 engaged in the motor transport business in Krishna District, Andhra Pradesh. The General Manager of the State Transport Undertaking announced a plan for the nationalization of motor transport and invited objections to this plan. The appellants, along with others, submitted their...
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, which is incorporated in India, entered into a contract on June 18, 1945, with the respondent company, incorporated in England and based in London, for the supply of five hundred bales of jute. The contract stipulated that if there was a failure to tender or deliver, the selle...
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 daughter submitted a request under Section 49I of the Code of Criminal Procedure for the recovery of her child from the respondents.It was determined that, according to Mohammedan Law, the mother of an illegitimate female child has the right to cus...
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, an individual named V obtained a decree against R and subsequently assigned it to his mother, M. M then filed a request to be recognized as the assignee and sought execution of the decree, which was addressed on September 27, 1937. In 1939, V was declared insolvent on the basis that...
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 was presented in the House of the People based on the report from the States Reorganisation Commission and as recommended by the President under the proviso to Article 3 of the Constitution. This Bill proposed the creation of three distinct entities: (1) the Union Territory of Bombay, (2) Mah...
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 relationship between G and his wife had deteriorated, leading her to move in with her father B and brother V, the appellant. G, accompanied by three others, went to B\'s residence, entered, and emerged while forcefully dragging his unwilling wife. She clung to the door, and G began to pull her a...
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 owned a factory that contained a pit where hazardous fumes could potentially be present.The pit was securely covered and enclosed, and it was not anticipated that anyone would need to enter it for regular work, as the operations were managed by equipment positioned above ground. Howeve...
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 :

It is a well-established principle that an appellate court should not easily overturn a trial judge\'s finding of fact, as the trial judge has the advantage of observing the witnesses and hearing their testimonies. However, this does not imply that an appellate court is never able to reverse such fi...
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 :

According to the Jammu and Kashmir Constitution Act, all legislative, executive, and judicial powers were held by the Ruler. When the State acceded to India on October 22, 1947, powers concerning defense, external affairs, and communications were transferred to India. Under Section 5 of the Constitu...
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, located in the State of Bihar, was owned by the appellant company, which also owned a limestone quarry situated approximately a mile and a half from the factory. Since limestone is the primary raw material for cement production, the factory relied entirely on this qua...
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 case that led to the current appeal involved a request for the redemption of certain occupancy lands that were owned and mortgaged by two brothers, S and A. The lands were registered under S\'s name as the occupant according to section 74 of the Bombay Land Revenue Code, 1879. The usufructuary m...
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 lodged against seven individuals under Sections 409, 465, 467, 471, and 477A of the Indian Penal Code. Following an examination of the complainant, summonses were issued to the accused to respond to a charge under Section 406. The trial commenced as a warrant case; prosecution witnes...
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 :

Exercising the powers granted under section 3 of the Essential Supplies (Temporary Powers) Act, 1946, the Central Government issued the Cotton Textile (Control of Movement) Order, 1948. Although the 1946 Act was set to expire on January 26, 1955, the Essential Commodities Ordinance was enacted on Ja...
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, acting as a trader, purchased fully pressed cotton bales in the Broach market area without the necessary license from the market committee, thus violating rule 65(1) of the Bombay Agricultural Produce Market Rule 1941. The appellant argued, among other points, that the Act and its ass...
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, stipulated that no individual could possess wireless telegraphy equipment without a license, and Section 6 made such possession punishable. The Indian Wireless Telegraphy (Amendment) Act, 1949, added Section 6(1A) to the 1933 Act, which imposed...
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 lodged a complaint against the respondent and another party under sections 385, 389, and 500/109 of the Indian Penal Code.The Trial Court determined that there was no conspiracy to defame the appellant or to extort money from him, and thus, only a charge under Section 500 of the Indian...
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 issue to be resolved in this appeal, stemming from a lawsuit initiated by the appellant under section 5(3) of the Charitable and Religious Trusts Act of 1920, was whether the ancient temple of Shri Balaji Venkatesh in Nasik and its Sansthan qualified as a charitable and religious trust as define...
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 initiated pen-down strikes, which escalated into a general strike, while awaiting arbitration for an industrial dispute. The Government of India intervened, leading to an agreement where the Bank reinstated all employees except for 150, against whom it had specifi...
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 is contradictory to assert that a strike in a public utility service, which is evidently illegal, can also be justified. The law does not support such a stance, nor is it backed by any provisions in the Industrial Disputes Act, 1947. Workers who engage in such a strike must recognize that they ca...
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 operated on an all-India basis, with the majority of its business conducted in Calcutta. Disputes arose among its clerical and non-clerical staff in Bombay regarding gratuity and retirement age. They argued that the gratuity scale for both categories of staff, as per the compan...
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 laid-off workers of the appellant company, who received compensation as stipulated in Section 25F of the Industrial Disputes Act, 1947, asserted their right to additional gratuity under the gratuity scheme implemented by the appellant company, which was modified by the industrial tribunal\'s awa...
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 states: \"No workman employed in any industry who has been in continuous service for at least one year under an employer shall be retrenched by that employer until ... (b) the workman has received, at the time of retrenchment, compensation equivale...
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 lodged against the appellant and one Bose with the Sub-Divisional Magistrate in Darjeeling. The case was assigned to Mr. Dutta Gupta, a Special Judge in Alipur, under the W.B. Criminal Law Amendment (Special Courts) Act of 1949. On July 11, 1951, Mr. Dutta Gupta acquitted the appella...
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, previously a contractor in Burma, responded to an advertisement from the evacuee Government of Burma in August 1942, which sought claims from contractors for construction and repair work. He submitted claims totaling several lacs of rupees. The Government of Burma forwarded these clai...
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 arranged for the shipment of certain goods on September 4, 1947, with the N. W. Railway from Quebec in Pakistan to New Delhi.The wagon carrying the goods arrived at the Indian border station of Khem Karan on November 1, 1947, properly sealed and labeled for New Delhi.It reached New De...
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, identified as a sale deed, stated that the transferors had debts and to settle these liabilities, three specified immovable properties, each valued separately, were transferred in full ownership, with possession granted to the transferees. The deed included provision...
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 Section 58 of the Motor Vehicles Act, 1939 states, \"A stage carriage permit or a contract carriage permit, excluding a temporary permit issued under Section 62, shall remain valid without renewal for a period of not less than three years and not more than five years, as determ...
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 held by the petitioners, who were also the petitioners in Writ Petition No. 75 of 1959, were set to expire on March 31, 1958, but were renewed until March 31, 1959. Following the approval and publication of a new nationalization scheme under Section 68C of the Motor Vehicl...
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 :

When the judgment debtor failed to make the agreed payments of the decretal amount, the Court appointed a receiver to execute the decree under section 51 of the Code of Civil Procedure, granting the receiver the authority to sell the judgment debtor\'s property either through private sale or public...
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 leasing a building owned by the respondent. Following the issuance of a winding-up order for the bank, the Official Liquidators vacated the bank\'s offices and requested the respondent landlord to reclaim possession of the property.The respondent declined to do so, citing tha...
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 individuals, including the two appellants, were charged with forming an unlawful assembly with the shared intent to murder three individuals.The Sessions Judge acquitted seven of the accused but found five guilty under sections 302 in conjunction with 149 and 34 of the Penal Code. The appella...
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 empowered the State Government to authorize a non-licensee to supply energy under \"such conditions as it may determine.\" On May 26, 1948, the first respondent issued a notification under Section 28(1), granting permission to the first petitioner to...
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 partition suit concerning joint family properties initiated by the respondent against his brother and his sons (appellants 1 to 5), the appellants acknowledged the respondent\'s relationship and his half share in the family properties. However, they contended that the court lacked jurisdiction...
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, burdened with significant debt, owned vast properties and businesses. In 1915, certain family members, including Govindprasad, executed a registered deed of relinquishment in favor of another member. This deed stated that the family had separated in 1898 through an unregistered...
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 contested the constitutionality of the promotion process that allows guards to ascend to higher grade station master positions. The petitioners argued that this promotion pathway denied equal opportunity between Roadside Station Masters and Guards,...
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 was employed in a government position and was dismissed from service on January 24, 1956, for reasons unrelated to corruption or disloyalty to the State. He submitted his nomination papers for a parliamentary election, which did not indicate any disqualifications. No objections were ra...
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 terminated the employment of four appellants for participating in and encouraging others to join an illegal slowdown strike in the Hot Mill Section of its operations, which were classified as a public utility service. Following their dismissal, the slowdown strike intensified. Consequently...
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 submitted a petition to the High Court regarding the Motor Vehicles Rules of Jammu and Kashmir. The High Court determined that the rule in question was ultra vires, violating Article 14 of the Constitution. Subsequently, the appellants sought a certificate from the High Court under A...
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 of 1947 (Act 111 of 1947), operated a business manufacturing and selling gunny bags, hessian, and other jute products in Katihar. Between April 1, 1950, and March 31, 1951, the mills sold and dispatched goods worth approximately...
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 leak budget proposals in exchange for valuable consideration was uncovered, leading to a case being filed under Section 165A of the Indian Penal Code, Section 5(2) of the Prevention of Corruption Act, 1947, Section 5 of the Official Secrets Act, 1923, and Section 12...
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 commenced a departmental inquiry against the respondent, a Sub-Inspector, regarding specific charges. After finding him guilty, the Superintendent submitted the report to the Inspector-General of Police, the authority with the power to dismiss him, for appropriate action...
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 was accused of molesting two respectable young women, threatening their father\'s life, and assaulting two other individuals. He was detained under section 3(2) of the Preventive Detention Act, 1950 to prevent him from acting in a way that could harm public order.Regarding the legality...
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 engaged in the tobacco business faced charges for violating Rules 151(C) and 226 of the Central Excise Rules, 1944, established under the Central Excises and Salt Act, 1944. The Collector determined that the charges were substantiated, leading to the confiscation of goods located in t...
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 :

Prior to April 3, 1958, the petitioners entered into contracts to purchase copper from importers in Bombay and Calcutta. However, before they could take delivery, the Government of India issued the Non-ferrous Metal Control Order, 1958, on April 2, 1958, under its authority from section 3 of the Ess...
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 owned certain lands referred to as \"Lal-liti\" lands, were assessed for land revenue under the provisions of the Bombay Land Revenue Code, 1879, following the enactment of the Bombay Taluqdari Tenure Abolition Act, 1949. Originally, \"Lal-liti\" lands were granted by Taluqdars i...
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 submitted an application to the Chief Controller of Imports and Exports, Government of India, in New Delhi, for five import licenses, which were subsequently issued by the Joint Chief Controller of Imports and Exports in Bombay, claiming authority from the former. The company...
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 :

In a murder trial involving alleged poisoning, it is possible to prove that death resulted from poisoning through circumstantial evidence, even if autopsy and chemical tests do not reveal any poison. Although direct evidence of the cause of death may be lacking, expert medical testimony and the surr...
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