Caselaw | Supreme Court Judgements of april 1960

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Nandlal Misra Vs. K. L. Misra [1960] INSC 62 (1 April 1960)

Judgement Date : 01 Apr 1960

Citation : 1960 Latest Caselaw 62 SC

Headnote :

The appellant who was a minor filed an application by his mother as his guardian under s. 488 of the Code of Criminal Procedure in the Court of the City Magistrate, Allahabad, praying for an order against the respondent, for maintenance alleging that he was his putative father. The Magistrate summar...

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The State of Uttar Pradesh Vs. Khushi Ram [1960] INSC 63 (1 April 1960)

Judgement Date : 01 Apr 1960

Citation : 1960 Latest Caselaw 63 SC

CrPC Section 32. Mode of conferring powers
CrPC Section 347. When Registrar or Sub-Registrar to be deemed a civil Court
CrPC Section 429. Saving
Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The respondent was prosecuted for offences under s. 7 of the Prevention of Food Adulteration Act, 1954. The Magistrate found the offences proved and he further found that the respondent had 428 committed the offence for the third time for which he was liable to be awarded a sentence of imprisonment...

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Assam Oil Company Vs. Its Workmen [1960] INSC 64 (4 April 1960)

Judgement Date : 04 Apr 1960

Citation : 1960 Latest Caselaw 64 SC

Industrial Disputes Act, 1947

Headnote :

One S was employed by the appellant as a secretary and one of the terms of employment was that the appointment may be terminated on one month's notice on either side. The appellant was thoroughly dissatisfied with the work of S and disapproved of her conduct in joining the union. Purporting to a...

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The Management of Chandramalai estate, Ernakulam Vs. Its Workmen & ANR [1960] INSC 65 (4 April 1960)

Judgement Date : 04 Apr 1960

Citation : 1960 Latest Caselaw 65 SC

Headnote :

The management having refused to comply with some of the demands raised by workmen, the matter was referred for conciliation. Efforts at conciliation failed on November 30, 1955. on the very next day the union gave a strike notice and actually went on strike with effect from December 9, 1958. On Jan...

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The Chartered Bank, Bombay Vs. The Chartered Bank Employees' Union [1960] INSC 66 (4 April 1960)

Judgement Date : 04 Apr 1960

Citation : 1960 Latest Caselaw 66 SC

Headnote :

The system of working in the cash department of the appellant Bank was that there was a Chief Cashier and there were about thirty Assistant Cashiers under him. The Chief Cashier had to give security for the work of the cash department; the Assistant Cashiers were employed upon being introduced by th...

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The Standard-Vacuum Refining Co., of India Ltd. Vs. Its Workmen & Ors [1960] INSC 67 (6 April 1960)

Judgement Date : 06 Apr 1960

Citation : 1960 Latest Caselaw 67 SC

Industrial Disputes Act, 1947

Headnote :

A dispute was raised by the respondents, the workmen of the appellant company, with respect to contract labour employed by it for cleaning maintenance work at the refinery including premises and plant belonging to it. They made a demand for abolition of the contract system and for absorbing the work...

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In Re: Sant Ram [1960] INSC 68 (7 April 1960)

Judgement Date : 07 Apr 1960

Citation : 1960 Latest Caselaw 68 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

On a complaint made by the Honorary Secretary of the Supreme Court Bar Association, the Registrar of the Supreme Court issued notices to the appellant and another under r. 24, 0. IVA of the Supreme Court Rules to show cause why their names should not be included in the list of touts to be publish...

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Muir Mills Co. Ltd. Vs. Its Workmen [1960] INSC 69 (7 April 1960)

Judgement Date : 07 Apr 1960

Citation : 1960 Latest Caselaw 69 SC

Industrial Disputes Act, 1947

Headnote :

The appellant paid wages to its workmen in the Carding Department on piece rate basis and in addition, the workmen were entitled to receive further emoluments if their production exceeded a certain norm. The right to receive these additional emoluments had become a part of the terms of service of th...

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Madhya Pradesh Mineral Industry Association Vs. The Regional Labour Commissioner Jabalpur & Ors [1960] INSC 70 (7 April 1960)

Judgement Date : 07 Apr 1960

Citation : 1960 Latest Caselaw 70 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Madhya Pradesh Government issued a notification under s. 5 (2) of the Minimum Wages Act, 1948 (II of 1948), prescribing 477 the minimum rates of wages for employment in stone breaking and stone crushing operations carried on in mines in exercise of the authority delegated to it by the President...

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The Mahalaxmi Mills Ltd. Vs. The Commissioner of Income-Tax, Bombay [1960] INSC 71 (8 April 1960)

Judgement Date : 08 Apr 1960

Citation : 1960 Latest Caselaw 71 SC

Headnote :

The assessees were carrying on business in Bhavnagar which was formerly an Indian State. In 1948 Bhavnagar became part of the United State of Saurashtra and on March 16, 1949 the Saurashtra Income-tax Ordinance was promulgated. For the purpose of calculating the depreciation allowance to which the a...

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M/S. Muller & Phipps (India) Ltd. Vs. K. C. Sud [1960] INSC 72 (11 April 1960)

Judgement Date : 11 Apr 1960

Citation : 1960 Latest Caselaw 72 SC

Industrial Disputes Act, 1947

Headnote :

The Labour Court, Delhi, made an award framing gratuity scheme, one of the provisions being that on the termination of service by the company, the workmen shall be entitled to half a month's basic salary or wage for each year of completed service as gratuity. The respondent who was retrenched ha...

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M/S. Hatisingh Mfg. Co. Ltd. & ANR Vs. Union of India & Ors [1960] INSC 73 (14 April 1960)

Judgement Date : 14 Apr 1960

Citation : 1960 Latest Caselaw 73 SC

Industrial Disputes Act, 1947

Headnote :

The question for determination in these petitions relates to the constitutional validity of S. 25FFF(1) of the industrial Disputes Act, 1947, inserted by Act 18 of 1957, which provides for payment of compensation to workmen on the closure of an industrial undertaking. The petitioners urged that the...

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Darbar Shri Vira Vala Surag Vala,Vadia Vs. The State of Saurashtra (Now Bombay) [1960] INSC 74 (14 April 1960)

Judgement Date : 14 Apr 1960

Citation : 1960 Latest Caselaw 74 SC

Constitution of India

Headnote :

In the, Indian State of Vadia succession was governed by primogeniture. The Ruler in 1943 granted to his younger son, the petitioner, a village in the State in perpetuity and in heredity for enjoyment as 'Kapal-Giras' as ' Bhayat'. In 1947 the State of Vadia acceded to the Dominio...

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Commissioner of Income- Tax, Bombay Vs. Smt. Indira Balkrishna [1960] INSC 75 (14 April 1960)

Judgement Date : 14 Apr 1960

Citation : 1960 Latest Caselaw 75 SC

Headnote :

A Hindu governed by the Mitakshara School of Hindu Law died leaving three widows as his legal heirs. The widows took the estate as joint tenants and did not exercise their right to separate possession and enjoyment. The main income was from dividends and from immovable property. The latter was held...

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M/S. Zoraster and Co. Vs. The Commissioner of Income Tax, Delhi, Ajmer, Rajasthan A [1960] INSC 76 (17 April 1960)

Judgement Date : 17 Apr 1960

Citation : 1960 Latest Caselaw 76 SC

Headnote :

The appellant entered into contract with Government for the supply of goods, and in the assessment year 1942-43 Rs. 10,80,653 and in the assessment year 1943-44, Rs. 7,45,336 were assessed as its income by the Income-tax Officer. The supplies to Government were made for. Jaipur by the appellant, and...

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State of Bombay Vs. K. P. Krishnan & Ors [1960] INSC 77 (18 April 1960)

Judgement Date : 18 Apr 1960

Citation : 1960 Latest Caselaw 77 SC

Industrial Disputes Act, 1947

Headnote :

Section 2(5) of the Industrial Disputes Act, 1947, properly construed, does not by itself confer the power on the appropriate Government to make a reference. That power is really contained in s. 10(i) of the Act. In deciding whether it should or should not make a reference under s. 12(5) of the Act...

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Qamar Shaffi Tyabji Vs. The Commissioner, Excess Profits Tax, Hyderabad [1960] INSC 78 (18 April 1960)

Judgement Date : 18 Apr 1960

Citation : 1960 Latest Caselaw 78 SC

Delegation of Powers
Delegation of Powers
Indian Contract Act, 1872
Section 194. Relation between principal and person duly appointed by agent to act in business of agency

Headnote :

By an order of the Ruler of the erstwhile State of Hyderabad an institution was formed for the development of industries on behalf of the Government, called the Industrial Trust Fund, to be managed by a committee called Trustees. In 1934 the Trustees entered into agreements with two cotton mills sit...

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Shoorji Vallabhdas & Co. Vs. The Commissioner of Income-Tax/Excess Profits Tax, Bombay [1960] INSC 79 (19 April 1960)

Judgement Date : 19 Apr 1960

Citation : 1960 Latest Caselaw 79 SC

Headnote :

The appellant was the managing agent of a company which was, at the relevant time, carrying on the business of transporting cargo in boats which touched ports in British India and in the Indian State of Cochin and other States. Under the managing agency contract the remuneration payable to the ap...

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Bashirbhai Mohamedbhai Vs. The State of Bombay [1960] INSC 80 (19 April 1960)

Judgement Date : 19 Apr 1960

Citation : 1960 Latest Caselaw 80 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Headnote :

The offence of attempting to cheat may be committed even though the person attempted to be cheated does not believe in the representations made to him and is not misled by them but only feigned belief in order to trap the offender. Where misrepresentations had been made and money obtained from th...

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Satyadhyan Ghosal & Ors Vs. Sm. Deorajin Debi & ANR [1960] INSC 81 (20 April 1960)

Judgement Date : 20 Apr 1960

Citation : 1960 Latest Caselaw 81 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Calcutta Thika Tenancy Act, 1949, came into force before the appellant-landlords could obtain possession in execution of their decree for ejectment against the respondenttenants. Failing to get the decree set aside under 0. 9, r. 13 of the Code of Civil Procedure the tenants made an application...

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Mahadeolal Kanodia Vs. The Administrator-General of West Bengal [1960] INSC 82 (20 April 1960)

Judgement Date : 20 Apr 1960

Citation : 1960 Latest Caselaw 82 SC

Headnote :

With a view to give protection to Thika tenants against eviction and in certain other matters, the West Bengal Legislature enacted the Calcutta Thika Tenancy Act, 1949. That Act was amended by the Calcutta Thika Tenancy Amendment Act, 1953, which omitted s. 28 of the Act. The question for decisio...

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Rajkumari Kaushalya Devi Vs. Bawa Pritma Singh & ANR [1960] INSC 83 (20 April 1960)

Judgement Date : 20 Apr 1960

Citation : 1960 Latest Caselaw 83 SC

Code of Civil Procedure, 1908 (CPC)
Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.

Headnote :

The appellant executed two usufructuary mortgages in favour of the respondents in 1946 with respect to two properties situated in Ferozepur city and herself took the properties on lease on the same date. The respondents filed an application under s. 13 of the Displaced Persons (Debts Adjustment) Act...

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The Commissioner of Income-Tax, Bombay City, Bombay Vs. Nandlal Gandalal [1960] INSC 84 (21 April 1960)

Judgement Date : 21 Apr 1960

Citation : 1960 Latest Caselaw 84 SC

Headnote :

N, a coparcener of the Hindu undivided family of G, carrying on business in Kathiwar, then outside British India, entered into a partnership with strangers in Bombay in 1944. A total sum of Rs. 1,,50,000 was remitted to N from the undivided family 621 funds and utilised as capital in the partnership...

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Sahebzada Mohammad Kamgar Shah Vs. Jagdish Chandra Deo Dhabal Deo & Ors [1960] INSC 85 (21 April 1960)

Judgement Date : 21 Apr 1960

Citation : 1960 Latest Caselaw 85 SC

Headnote :

In 1900 the then proprietor of the Dhalbhum estate who was the predecessor-in-interest of the first respondent granted a permanent lease of the mining rights for certain metals and minerals in the estate to one Prince Mohammad Bakhtyar Shah. During the lifetime of the said proprietor the management...

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Brijendralal Gupta & ANR Vs. Jwalaprasad & Ors [1960] INSC 86 (22 April 1960)

Judgement Date : 22 Apr 1960

Citation : 1960 Latest Caselaw 86 SC

Representation of the People Act, 1950
Representation of the People Act, 1951

Headnote :

Thirteen candidates filed their nomination papers for election to the Legislative Assembly of Madhya Pradesh. The nomination of U was rejected on the ground that he failed to give a declaration as to his age as required in the nomination paper. After the poll the appellants were declared duly electe...

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State of Bombay Vs. Supreme General Films Exchange Ltd. [1960] INSC 87 (22 April 1960)

Judgement Date : 22 Apr 1960

Citation : 1960 Latest Caselaw 87 SC

Code of Civil Procedure, 1908 (CPC)
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870
Court Fees Act, 1870

Headnote :

In 1954 certain amendments were made in the Court Fees Act, 1870, as applied to Bombay by the Court Fees (Bombay Amendment) Act, 1954, by which the system of charging court fees in the Bombay High Court on the original Side was altered and instead of a fixed fee payable on the plaint, etc., ad valor...

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Radhakisan Laxminarayan Toshniwal Vs. Shridhar Ramchandra Alshi & Ors [1960] INSC 88 (23 April 1960)

Judgement Date : 23 Apr 1960

Citation : 1960 Latest Caselaw 88 SC

Section 2. TPA, Repeal of Acts.
Section 54. TPA, “Sale” defined.

Headnote :

The vendors executed an agreement for sale in respect of a certain survey number which according to the agreement was to be diverted to non-agricultural purposes and thereafter a sale deed was to be executed. In pursuance to the said agreement the vendors applied for diversion which was sanctioned s...

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Pingle Industries Ltd., Secunderabad Vs. Commissioner of Income Tax, Hyderabad [1960] INSC 89 (26 April 1960)

Judgement Date : 26 Apr 1960

Citation : 1960 Latest Caselaw 89 SC

Headnote :

Under a quolnama the assessee company was granted exclusive rights in the nature of a monopoly to extract Shahabad Flag Stones without limit to quantity or measurement from quarries situated in six villages for a period of 12 years on annual payment of Rs. 28,000 but not to manufacture cement. The s...

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M/S. Piyare Lal Adishwar Lal Vs. The Commissioner of Income-Tax, Delhi [1960] INSC 90 (26 April 1960)

Judgement Date : 26 Apr 1960

Citation : 1960 Latest Caselaw 90 SC

Dharangadhara Chemical Works Ltd. Vs. State of Saurashtra [1956] INSC 74 (23 November 1956)

Headnote :

S was the karta of the Hindu undivided family, consisting of himself and his younger brother. Their father was the Treasurer of a Bank till his death in 1950. During his father's lifetime S was employed as an overseer in the Bank on a salary of Rs. 400 a month, and, subsequently, after his fathe...

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The Printers (Mysore) Private Ltd. Vs. Pothan Joseph [1960] INSC 91 (27 April 1960)

Judgement Date : 27 Apr 1960

Citation : 1960 Latest Caselaw 91 SC

Constitution of India

Headnote :

The respondent was the Editor of the Deccan Herald, owned and published by the appellant, and the two contracts executed by the parties contained an arbitration clause that if in the interpretation or application of the contract any difference arose between the parties the same shall be referred to...

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Jadab Singh & Ors Vs. The Himachal Pradesh Administration & ANR [1960] INSC 92 (28 April 1960)

Judgement Date : 28 Apr 1960

Citation : 1960 Latest Caselaw 92 SC

Constitution of India
Government of Part C States Act, 1951

Headnote :

On October 10, 1958, the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, was declared invalid by the Supreme Court on the ground that the Legislative Assembly of the New Himachal Pradesh State which passed it was not duly constituted and was as such incompetent to pass t...

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H. C. Narayanappa & Ors Vs. The State of Mysore & Ors [1960] INSC 93 (28 April 1960)

Judgement Date : 28 Apr 1960

Citation : 1960 Latest Caselaw 93 SC

Constitution of India
Government of India Act, 1935
Motor Vehicles Act, 1939

Headnote :

In exercise of the powers conferred by s. 68C of the MotorVehicles Act, 1939, the General Manager of the Mysore Government Road Transport Department published a scheme for the exclusion of private operators on certain routes in a specified area and reservation of those routes for the State Transport...

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Commissioner of Income-Tax, Ahmedabad Vs. Karamchand Premchand Ltd., Ahmedabad [1960] INSC 94 (28 April 1960)

Judgement Date : 28 Apr 1960

Citation : 1960 Latest Caselaw 94 SC

Business Profits Tax Act, 1947

Headnote :

The assesses held the managing agency of a limited company in what was then called " British India and had also a pharmaceutical business in the Baroda State which was at the relevant time an Indian State. The business in British India showed profits assessable under the provisions of the Busin...

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M/S. Chandaji Kubaji & Co. Vs. The State of Andhra Pradesh [1960] INSC 95 (29 April 1960)

Judgement Date : 29 Apr 1960

Citation : 1960 Latest Caselaw 95 SC

Headnote :

The appellant company was a dealer in ghee and groundnut oil etc. The Deputy Commercial Tax Officer assessed it to sales tax for the year 1948-49 on a turnover of Rs. 28,69,151 and odd. Similarly for the year 1949-50 the appellant was assessed to sales tax on a turnover of Rs. 28,72,o83 and odd. The...

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Shrimant Dattaji Raobahirojirao Ghorpade Vs. Shrimant Vijayasinhrao & ANR [1960] INSC 96 (29 April 1960)

Judgement Date : 29 Apr 1960

Citation : 1960 Latest Caselaw 96 SC

Bombay Revenue Jurisdiction Act, 1876

Headnote :

Upon the death of the holder in 1932, the Government of Bombay by order dated June 7, 1932, resumed the Saranjam estate of Gajendragad and re-granted the same to his eldest son. By the same order the assignment of some lands out of the estate in favour of B, a younger member of the family, by way of...

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A. S. T. Arunachalam Pillai Vs. M/S. Southern Roadways (Private) Ltd. [1960] INSC 97 (29 April 1960)

Judgement Date : 29 Apr 1960

Citation : 1960 Latest Caselaw 97 SC

Delegation of Powers
Delegation of Powers
Motor Vehicles Act, 1939

Headnote :

The question for decision in this appeal was whether the Regional Transport Officer under the Motor Vehicles Act, 1939, as amended by the Madras State Legislature, had the power to vary the terms of a stage carriage permit granted under that Act. The appellant, holder of a stage carriage permit, app...

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