Caselaw | Supreme Court Judgements of march 1960

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The Associated Cement Companies Ltd. Vs. Their Workmen [1960] INSC 34 (3 March 1960)

Judgement Date : 03 Mar 1960

Citation : 1960 Latest Caselaw 34 SC

Industrial Disputes Act, 1947

Headnote :

The appellant's workmen were represented by a Union called Kamdar Mandal Cement Works, Porbandar. The registration of the said union was cancelled and that led to the formation of two Unions, the Cement Kamdar Mandal and Cement Employees Union. The Cement Kamdar Mandal gave two notices one after...

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James Anderson Vs. The Commissioner of Income-Tax, Bombay [1960] INSC 35 (4 March 1960)

Judgement Date : 04 Mar 1960

Citation : 1960 Latest Caselaw 35 SC

Government of India Act, 1935

Headnote :

The appellant was the administrator of the estate of one Henry Gannon, a resident of British India, who left for the United Kingdom in 1944 and died there in 1945. In the course of administration the appellant sold certain shares and securities belonging to the deceased for the purpose of distributi...

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The Parbhani Transport Co-Operative Society Ltd. Vs. The Regional Transport Authority, Aurangabad & Ors [1960] INSC 36 (7 March 1960)

Judgement Date : 07 Mar 1960

Citation : 1960 Latest Caselaw 36 SC

Constitution of India
Motor Vehicles Act, 1939

Headnote :

The petitioner, a registered co-operative society, carrying on the business of plying motor buses as stage carriages, had permits for four routes which were due to expire. The State applied for permits for all these routes under Ch. IV of the Motor Vehicles Act, 1939, as amended by Act 100 of 956, a...

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M/S. U. P. Electric Supply Co., Ltd. Vs. The Workmen of M/S. S. N. Choudhary, Contractors & ANR [1960] INSC 37 (8 March 1960)

Judgement Date : 08 Mar 1960

Citation : 1960 Latest Caselaw 37 SC

Headnote :

The appellant company used to employ Messrs. S. M. Choudhary as its contractors for doing certain work for it and the contractors in their turn used to employ some workmen to carry out the work which they took on contract. A dispute having arisen between the contractors and their workmen an applicat...

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Yellappagouda Shankargouda Patil Vs. Basangouda Shiddangouda Patil [1960] INSC 38 (9 March 1960)

Judgement Date : 09 Mar 1960

Citation : 1960 Latest Caselaw 38 SC

Bombay Hereditary Offices Act, 1874

Headnote :

The respondent brought a suit for partition against the petitioner in respect of certain Watan lands. The trial court decreed the suit but the High Court of Bombay reversed that decree.in appeal. The Privy Council restored the decree of the trial court and an Order-in-Council was drawn up accordingl...

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Management of Vishnu Sugar Mills Limited,Harkhua, District Vs. Their Workmen Represented By Chini Mill Mazdoor Union,Hark [1960] INSC 39 (9 March 1960)

Judgement Date : 09 Mar 1960

Citation : 1960 Latest Caselaw 39 SC

Industrial Disputes Act, 1947
Industries (Development and Regulation) Act, 1951

Headnote :

A dispute relating to a workman in the appellant sugar mill, situate in Bihar, was raised by the Workers Union and a reference was made by the State Government. Under s. 2 (a) (1) of the Industrial Disputes Act, 1947, "'Appropriate Government' means in relation to any industrial dispute...

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Tea Districts Labour Association,Calcutta Vs. Ex-Employees of Tea Districts Labour Association & ANR [1960] INSC 40 (9 March 1960)

Judgement Date : 09 Mar 1960

Citation : 1960 Latest Caselaw 40 SC

Headnote :

As there was appreciable decline in the activities and business of the appellant it decided, by means of a resolution, to close down two local agencies at Koraput and Berhampur (Ganjam) by May 31, 957. About the same time the appellant also thought of retrenching its employees and decided to retrenc...

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M/S. Peirce Leslie & Co. Ltd. Kozhikode Vs. Their Workmen [1960] INSC 41 (9 March 1960)

Judgement Date : 09 Mar 1960

Citation : 1960 Latest Caselaw 41 SC

Headnote :

During the year 1954-1955, the appellant paid a sum equivalent to 3 months basic wages as bonus to its monthly paid clerical staff. These employees raised an industrial dispute claiming an additional bonus equal to 7 months basic wages. The Industrial Tribunal to which the dispute was referred award...

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The Rashtriya Mill Mazdoor Sangh & ANR Vs. The Apollo Mills Limited & Ors [1960] INSC 42 (10 March 1960)

Judgement Date : 10 Mar 1960

Citation : 1960 Latest Caselaw 42 SC

Bombay Electricity (Special Powers) Act, 1946
Bombay Electricity (Special Powers) Act, 1946
Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Industrial Disputes (Appellate Tribunal) Act, 1950

Muir Mills Co., Ltd. Vs. Suti Mills Mazdoor Union, Kanpur [1954] INSC 110 (19 November 1954)

Headnote :

In 1951 on account of the failure of the monsoon, generation of electricity from the Hydro-Electric System was affected and it was found necessary to reduce the consumption of electricity. The Government of Bombay passed an order under s. 6A(1) of the Bombay Electricity (Special Powers) Act, 1946, r...

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The Corporation of The City Ofnagpur Vs. Its Employees [1960] INSC 43 (10 March 1960)

Judgement Date : 10 Mar 1960

Citation : 1960 Latest Caselaw 43 SC

City of Nagpur Corporation Act, 1948
Industrial Disputes Act, 1947

Baroda Borough Municipality Vs. Its Workmen [1956] INSC 70 (13 November 1956)
D. N. Banerji Vs. P. R. Mukherjee & Ors [1952] INSC 67 (5 December 1952)

Headnote :

The question for determination in these appeals was whether and to what extent the municipal activities of the Corporation of 943 Nagpur City fell within the term 'industry' as defined by s. 2 (14.) of the C.P. and Berar Industrial Disputes Settlement Act, 1947. Disputes having arisen betwee...

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Pramatha Nath Mukherjee Vs. The State of West Bengal [1960] INSC 44 (11 March 1960)

Judgement Date : 11 Mar 1960

Citation : 1960 Latest Caselaw 44 SC

Indian Penal Code, 1860 (IPC)
IPC Section 323. Punishment for voluntarily causing hurt
IPC Section 332. Voluntarily causing hurt to deter public servant from his duty

Headnote :

A Criminal case was instituted in the court of a Magistrate at Calcutta against the appellant under s. 332 of the Indian Penal Code for voluntarily causing hurt to the Bailiff of Calcutta Corporation and another. After hearing both sides the Magistrate was of the opinion that the charge under s....

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The Godavari Sugar Mills Ltd. Vs. Shri D. K. Worlikar [1960] INSC 45 (14 March 1960)

Judgement Date : 14 Mar 1960

Citation : 1960 Latest Caselaw 45 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946

Headnote :

The respondent, a stenographer employed by the appellant at its head office in Bombay, challenged the legality and propriety of the dismissal order passed against him by an application under the provisions of the Bombay Industrial Relations Act, 1946, and contended that the Notification No. 1131-...

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Charandas Haridas & ANR Vs. The Commissioner of Income-Tax, Bombay North, Kutch, Sauras [1960] INSC 46 (15 March 1960)

Judgement Date : 15 Mar 1960

Citation : 1960 Latest Caselaw 46 SC

Headnote :

C, who was the Karta of the Hindu undivided family consisting of his wife, three sons and himself, was a partner in six managing agency firms in six Mills, and the income received by him as partner 'was being assessed as that of the Hindu undivided family for the purposes of income-tax. On De...

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Jaikrishnadas Manohardasdesai & ANR Vs. The State of Bombay [1960] INSC 47 (16 March 1960)

Judgement Date : 16 Mar 1960

Citation : 1960 Latest Caselaw 47 SC

Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The first appellant was the Managing Director and the second appellant a Director and technical expert of a cloth dyeing concern known as Parikh Dyeing and Printing Mills Ltd. The company entered into a contract with the Textile Commissioner undertaking to dye a large quantity of cloth which was sup...

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Sarwarlal & Ors Vs. The State of Hyderabad [1960] INSC 48 (16 March 1960)

Judgement Date : 16 Mar 1960

Citation : 1960 Latest Caselaw 48 SC

Constitution of India

Keshavan Madhava Menon Vs. The State of Bombay [1951] INSC 3 (22 January 1951)

Headnote :

After the Police action in the State of Hyderabad in August, 1948, the Nizam, by a Farman dated September 19, 1948, invested the Military Governor " with all authority for the administration of the State " and by a later Farman declared that " the said authority includes and has alway...

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The Bharatkhand Textile Mfg. Co. Ltd.& Ors Vs. The Textile Labour Association, Ahmedabad [1960] INSC 49 (17 March 1960)

Judgement Date : 17 Mar 1960

Citation : 1960 Latest Caselaw 49 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Delhi Laws Act, 1912

Headnote :

This was an appeal by certain textile mills of Ahmedabad against a scheme for gratuity awarded by the Industrial Court. The Labour Association, the respondent, gave a notice of change under s. 42(2) of the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), intimating the Mill Owners' Assoc...

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M/S. New India Motors (P) Ltd.New Delhi Vs. K. T. Morris [1960] INSC 50 (22 March 1960)

Judgement Date : 22 Mar 1960

Citation : 1960 Latest Caselaw 50 SC

Industrial Disputes Act, 1947

Headnote :

The respondent workman was dismissed by his employer, the appellant, pending adjudication of an industrial dispute, and without the permission of the Industrial Tribunal, relating to the discharge of 7 other employees working as apprentices under the appellant. The respondent raised a dispute before...

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M/S. North Brook Jute Co. Ltd.& ANR Vs. Their Workmen [1960] INSC 51 (23 March 1960)

Judgement Date : 23 Mar 1960

Citation : 1960 Latest Caselaw 51 SC

Industrial Disputes Act, 1947

Headnote :

A rationalisation scheme in the mills of the appellant com- panies was agreed to by the Works Committee and a notice under S. 9A of the Industrial Disputes Act, 1947, was given to the 365 Union of their workmen. The workmen, however, objected to the introduction of the scheme and the dispute was ref...

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The Chairman of The Bankura Municipality Vs. Lalji Raja And Sons [1960] INSC 52 (23 March 1960)

Judgement Date : 23 Mar 1960

Citation : 1960 Latest Caselaw 52 SC

Headnote :

The respondents were the owners of an oil seed pressing factory situated within the limit of a municipality. They used to import mustard seeds from different areas and they also held a (1) (1952) L.A.C.103. (2)(1958)1 L.L.J. 63. (3) A.I.R. 1959 Bom. 248. 359 licence for selling Mustard seed. On a...

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B.N. Elias And Co. Ltd. Employees' Union & Ors Vs. B. N. Elias & Co. Ltd. & Ors [1960] INSC 53 (24 March 1960)

Judgement Date : 24 Mar 1960

Citation : 1960 Latest Caselaw 53 SC

Headnote :

Since 1942 the respondents had been making ex gratia payments to their employees (appellants) in addition to wages and salaries, but these were not regular and in 956, no ex gratia payments were made at all. The appellants claimed that their right to be paid bonus had become an implied term of agree...

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Bharat Barrel And Drum Mfg. Co.Private Ltd. Vs. Govind Gopal Waghmare & ANR [1960] INSC 54 (24 March 1960)

Judgement Date : 24 Mar 1960

Citation : 1960 Latest Caselaw 54 SC

Headnote :

The workmen of the appellant company claimed four months, wages including dearness allowance as bonus for the year 1952, and retrospective operation of the increased wage scale to be fixed by the Industrial Tribunal from March 1, 1952. The appellant agreed to the increased wage scale suggested by th...

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Management of Kairbetta Estate,Kotagiri Vs. Rajamanickam & Ors [1960] INSC 55 (24 March 1960)

Judgement Date : 24 Mar 1960

Citation : 1960 Latest Caselaw 55 SC

Headnote :

The appellant's manager was violently attacked by its workmen as a result of which he sustained serious injuries. The workers in the lower division also threatened the appellant's staff working in that division that they would murder them if they worked there. The appellant was therefore...

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Kalindi & Ors Vs. Tata Locomotive & Engineering Co. Ltd. [1960] INSC 56 (25 March 1960)

Judgement Date : 25 Mar 1960

Citation : 1960 Latest Caselaw 56 SC

Headnote :

A workman against whom an enquiry is being held by the management has no right to be represented at such enquiry by a representative of his union, though the employer in his discretion, can and may allow him to be so represented. In such enquiries fairly simple questions of fact as to whether certai...

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The State of Bombay Vs. M/S. S. S. Miranda Limited [1960] INSC 57 (25 March 1960)

Judgement Date : 25 Mar 1960

Citation : 1960 Latest Caselaw 57 SC

Bombay Abkari Act, 1878
Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent held a trade and import licence for foreign liquor as well as a vendor's licence under the Bombay Abkari 51 398 Act. It kept liquor in a bonded warehouse. On April 2, 1948, the appellant asked the respondent to remove the liquor from the bonded warehouse after paying the necessary...

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R. P. Kapur Vs. The State of Punjab [1960] INSC 58 (25 March 1960)

Judgement Date : 25 Mar 1960

Citation : 1960 Latest Caselaw 58 SC

Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 385. Putting person in fear of injury in order to commit extortion
Land Acquisition Act, 1894
Land Acquisition Act, 1894

Headnote :

One S lodged a first information report against K. When K found that no action was taken on the report for several months he filed a criminal complaint against S contending that the report lodged by S was false. At the instance of S the magistrate ordered K's complaint to stand adjourned till th...

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M/S. Burn & Co. Ltd. & Ors Vs. Their Employees [1960] INSC 59 (30 March 1960)

Judgement Date : 30 Mar 1960

Citation : 1960 Latest Caselaw 59 SC

Headnote :

There can be no doubt from the point of view of Economics that the clerical and subordinate staff of an industry like its manual workers contribute to its production and there can, therefore, be no reason for excluding them wholly from the benefits of a scheme of incentive bonus. The fact that the c...

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Mrs. Kusumben D. Mahadevia Vs. The Commissioner of Income-Tax, Bombay [1960] INSC 60 (30 March 1960)

Judgement Date : 30 Mar 1960

Citation : 1960 Latest Caselaw 60 SC

Headnote :

The appellant was a shareholder of a company known as Mafatlal Gagalbhai and Co., Ltd. The Company with its registered office at Bombay was at all material times resident in British India. It was also doing business in the former Baroda State and used to keep its profits derived in that State with M...

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Mis. Swadesamltran Limited, Madras Vs. Their Workmen [1960] INSC 61 (31 March 1960)

Judgement Date : 31 Mar 1960

Citation : 1960 Latest Caselaw 61 SC

Industrial Disputes Act, 1947

Headnote :

The management by a notice terminated the services Of 39 workmen as a measure of retrenchment. The workmen went on strike which led to an industrial dispute. The Industrial Tribunal interalia held that the strike was not justified and that the management had made out of a case of necessity for retre...

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