Caselaw | Supreme Court Judgements of october 1960

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The State of Madhya Pradesh & ANR Vs. Baldeo Prasad [1960] INSC 163 (3 October 1960)

Judgement Date : 03 Oct 1960

Citation : 1960 Latest Caselaw 163 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Constitution of India

Headnote :

By an order passed under s. 4-A of the Central Provinces and Berar Goondas Act, 1946 (X of 1946), as amended by the Madhya Pradesh Act XLIX of 950, the State of Madhya Pradesh directed the respondent to leave the district of Chhindwara, which had been specified as a proclaimed area under the Act, an...

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Madhaorao Phalke Vs. The State of Madhya Bharat [1960] INSC 164 (3 October 1960)

Judgement Date : 03 Oct 1960

Citation : 1960 Latest Caselaw 164 SC

Constitution of India
Gwalior

Headnote :

The appellant was the recipient of a hereditary military pension called Bachat granted by the Rulers of Gwalior to his ancestors in recognition of military service. The right to receive the said pension was recognised by the Kalambandis of 1912 and 1935 issued by the said Rulers. When Gwalior int...

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Rangildas Varajdas Khandwala Vs. Collector of Surat & Ors [1960] INSC 165 (3 October 1960)

Judgement Date : 03 Oct 1960

Citation : 1960 Latest Caselaw 165 SC

Bombay Land Revenue Code, 1879
Bombay Personal Inams Abolition Act, 1952
Constitution of India

Headnote :

The appellant was the holder of a personal inam which he had purchased from the original inamdar to whom a Sanad had been issued under Bombay Act No. VII of 1863. He was paying Rs. 7 as salami and Rs. 6-3-0 as quit rent, the full assessment of the land being Rs. 56-8-0. The land which formed part...

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Gangadharrao Narayanrao Majumdar Vs. The State of Bombay & ANR [1960] INSC 166 (3 October 1960)

Judgement Date : 03 Oct 1960

Citation : 1960 Latest Caselaw 166 SC

Bombay Land Revenue Code, 1879
Bombay Personal Inams Abolition Act, 1952
Constitution of India
Pensions Act, 1871

Headnote :

The appellants held personal inams which were governed by Bombay Acts Nos. II and VII of 1863 by virtue of which they held their lands on payment of land revenue which was less than the full assessment. After. the. coming into force of the Bombay Personal Inams Abolition Act, 1952, the appellants wh...

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Amba Lal Vs. The Union of India & Ors [1960] INSC 167 (3 October 1960)

Judgement Date : 03 Oct 1960

Citation : 1960 Latest Caselaw 167 SC

Headnote :

The appellants house was searched on June 22, 1951, by the Customs authorities and ten articles were recovered there from. In the inquiry before the Collector the appellant stated that the first five articles had been brought by him in 1947 from Pakistan after-partition and that with respect to the...

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Purushottam Umedbhai & Co. Vs. M/S. Manilal And Sons [1960] INSC 168 (7 October 1960)

Judgement Date : 07 Oct 1960

Citation : 1960 Latest Caselaw 168 SC

Code of Civil Procedure, 1908 (CPC)
Indian Partnership Act, 1932
Indian Partnership Act, 1932
Section 45. Devolution of joint rights

Headnote :

The respondent a firm carrying on business in Singapore filed a plaint in the firm name against the appellants for the breach of contract. The plaint had been signed and verified on behalf of the firm by one 'D' on a power of attorney executed by one of the partners only. After about, 6 year...

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State of Bihar Vs. Kripa Shankar Jaiswal [1960] INSC 169 (14 October 1960)

Judgement Date : 14 Oct 1960

Citation : 1960 Latest Caselaw 169 SC

Industrial Disputes Act, 1947

Headnote :

A settlement was arrived at between the management of Mankatha Distillery and the workmen's union before the conciliation officer. The Union was not registered under the Indian Trade Unions Act on the date of the said settlement. The terms of the settlement not having been carried out by the...

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The Commissioner of Income-Tax, Madhya Pradesh & Bhopa Vs. Bhopal Textiles Ltd., Bhopal [1960] INSC 170 (17 October 1960)

Judgement Date : 17 Oct 1960

Citation : 1960 Latest Caselaw 170 SC

Sale of Goods Act, 1930

Headnote :

Respondent, a non-resident company, in the accounting year supplied goods which were sent F. O. R. Bhopal to the buyers in British India. The railway receipts were handed over to a Bank in Bhopal with instructions to hand over the railway receipts to the buyers, who were named as consignees, only on...

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Nathmal Tolaram Vs. Superintendent of Taxes, Dhubri & ANR [1960] INSC 171 (18 October 1960)

Judgement Date : 18 Oct 1960

Citation : 1960 Latest Caselaw 171 SC

Headnote :

The appellants who were dealers registered under the Assam Sales Tax Act, 1947, submitted a return of their turnover for the account period April 1, 1948 to September 30, 1948, which included sales in Assam of all goods other than jute The Superintendent of Taxes, however, summarily assessed the...

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Pannalal Nandlal Bhandari Vs. The Commissioner of Income-Tax, Bombay City, Bombay [1960] INSC 172 (18 October 1960)

Judgement Date : 18 Oct 1960

Citation : 1960 Latest Caselaw 172 SC

Headnote :

The appellant, a non-resident for the purposes of the Indian Income-tax Act, did not submit returns of certain dividend income accruing to him within the taxable territory. The Income-tax Officer served upon him notices under S. 34 read with S. 22(2) of the Act for assessment of tax in respect of th...

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The State of Maharashtra Vs. Vishnu Ramchandra [1960] INSC 173 (18 October 1960)

Judgement Date : 18 Oct 1960

Citation : 1960 Latest Caselaw 173 SC

Bombay Police Act, 1951
Bombay Police Act, 1951
Bombay Prevention of Gambling Act, 1887
Bombay Prevention of Gambling Act, 1887
Bombay Prohibition Act, 1949
Indian Penal Code, 1860 (IPC)
IPC Section 114. Abettor present when offence is committed
IPC Section 411. Dishonestly receiving stolen property

Headnote :

On November 16, 1949, the respondent was convicted under ss. 38o and II4 of the Indian Penal Code. On October 5, 1957, the Deputy Commissioner of Police, Bombay, acting under s. 57(1) of the Bombay Police Act passed an order extending him from the limits of Greater Bombay. Later he was prosecuted an...

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M/S. Tungabhadra Industries Ltd. Vs. The Commercial Tax Officer, Kurnool [1960] INSC 174 (18 October 1960)

Judgement Date : 18 Oct 1960

Citation : 1960 Latest Caselaw 174 SC

Headnote :

The appellant purchased groundnuts out of which it manufactured groundnut oil ; it also refined the oil and hydrogenated it converting it into Vanaspati It sold the oil in all the three states Under the Madras General Sales Tax Act, 1939, and the Turnover and Assessment Rules, for determining the ta...

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Thakur Kesari Singh Vs. The State of Rajasthan & Ors [1960] INSC 175 (19 October 1960)

Judgement Date : 10 Oct 1960

Citation : 1960 Latest Caselaw 175 SC

Headnote :

The Marwar Tenancy Act, 1949, now repealed but which was in force in the State of jodhpur at the relevant period, by s. 85 authorised the Government in case of any general refusal by tenants to pay rent to declare by notification that such rents might be recovered as arrears of land revenue. A notif...

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Maharajadhiraja Sir Kameshwar Singh Vs. Commissioner of Income-Tax, Bihar And Orissa [1960] INSC 176 (25 October 1960)

Judgement Date : 25 Oct 1960

Citation : 1960 Latest Caselaw 176 SC

Headnote :

The appellant executed a deed of trust settling some of his lands for the maintenance of certain temples and Thakoorbaries. He was to be the trustee of the institutions and was to get 15% of the net income of those lands as trustee's remuneration. Before the income-tax authorities the appellant...

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P.C. Joshi & ANR Vs. The State of Uttar Pradesh [1960] INSC 177 (25 October 1960)

Judgement Date : 25 Oct 1960

Citation : 1960 Latest Caselaw 177 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The Public Prosecutor, Kanpur, filed a complaint in the Court of Session, Kanpur, charging the appellants with having published a news item which was false and defamatory of the Chief Minister of Uttar Pradesh. The complaint complied with the requirements of s. 198-B, Code of Criminal Procedure. The...

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Tobacco Manufacturers (India) Ltd. Vs. The Commissioner of Sales-Tax, Bihar, Patna [1960] INSC 178 (26 October 1960)

Judgement Date : 26 Oct 1960

Citation : 1960 Latest Caselaw 178 SC

Constitution of India

Headnote :

The appellants who were manufacturers of cigarettes and tobacco in the State of Bihar contested the levy of sales- tax on sales effected by them during the financial years 1949-5o and 1950-51 on the ground that as a direct result of every sale effected by them the goods concerned were delivered outs...

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Azimunissa & Ors Vs. The Deputy Custodian, Evacuee Properties [1960] INSC 179 (26 October 1960)

Judgement Date : 26 Oct 1960

Citation : 1960 Latest Caselaw 179 SC

Administration of Evacuee Property Act, 1950
Constitution of India
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951

Headnote :

One K who had a 0-2-3 share in certain properties in Uttar Pradesh went to Pakistan in 1947. The competent Officer took proceedings under the Evacuee Interest (Separation) Act, 1951, to separate the share of K in the property and as the. claimants were not prepared to purchase the share of K, he auc...

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The District Board, Ghazipur Vs. Lakshmi Narain Sharma [1960] INSC 180 (26 October 1960)

Judgement Date : 26 Oct 1960

Citation : 1960 Latest Caselaw 180 SC

Headnote :

The appellant framed bye-laws for the regulation and control of flour, rice and oil mills under which a licence had to be obtained on payment of licence fee for running a mill. The bye-laws were framed under s. 174 of the U. P. District Boards Act, 1922. The respondent contended that the byelaws wer...

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Sarat Chandra Rabha & Ors Vs. Khagendranath Nath & Ors [1960] INSC 181 (27 October 1960)

Judgement Date : 27 Oct 1960

Citation : 1960 Latest Caselaw 181 SC

CrPC Section 401. High Court’s powers of revision

Headnote :

The appellant's nomination paper for election to the Assam Legislative Assembly was rejected by the Returning Officer on the ground of disqualification under S. 7(b) of the Representation of the People Act, 195, in that he had been convicted and sentenced to three years' rigorous imprisonmen...

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Makhan Lal Malhotra & Ors Vs. The Union of India [1960] INSC 182 (27 October 1960)

Judgement Date : 27 Oct 1960

Citation : 1960 Latest Caselaw 182 SC

Constitution of India
Displaced Persons (Claims) Supplementary Act, 1954

Headnote :

The petitioners who were displaced persons from West Pakistan put forward certain claims in regard to village houses which they had left there, but which were rejected by the Rehabilitation authorities. The claims were for amounts above Rs. 20,000 in the case of some of the petitioners and above Rs....

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Shrimant Appasaheb Tuljaram Desai& Ors Vs. Bhalchandra Vithalrao Thube [1960] INSC 183 (28 October 1960)

Judgement Date : 28 Oct 1960

Citation : 1960 Latest Caselaw 183 SC

Bombay Hereditary Offices Act, 1874
Code of Civil Procedure, 1908 (CPC)

Headnote :

In respect of a decree passed against T, who was the owner of certain watan properties, a building standing on watan land comprised in the said properties, was sought to be attached and sold in execution of the decree. The appellant, who was the legal representative of T, claimed that the building:w...

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R.P. Kapur & Ors Vs. Sardar Pratap Singh Kairon & Ors [1960] INSC 184 (28 October 1960)

Judgement Date : 28 Oct 1960

Citation : 1960 Latest Caselaw 184 SC

Constitution of India
CrPC Section 154. Information in cognizable cases
CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 157. Procedure for investigations

Headnote :

One S sent a complaint against the first petitioner to the Chief Minister who sent it to the Additional Inspector General of Police who in his turn sent it to the Deputy Superintendent of Police C.I.D., with the endorsement " Register a case and investigate personally ". The Deputy Superin...

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The State of Kerala & Ors Vs. The Cochin Coal Company Ltd. [1960] INSC 185 (31 October 1960)

Judgement Date : 31 Oct 1960

Citation : 1960 Latest Caselaw 185 SC

Headnote :

The respondent stocked 'bunker coal' at Candle Island in the State of Madras. They sold the coal to steamers calling at the port of Cochin in the State of Travancore-Cochin and delivered it there. The respondent was assessed to sales tax on such sales for the year 1951-52 and 1952-53. , The...

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Commissioner of Sales Tax, Uttar Pradesh Vs. The Modi Sugar Mills Ltd. [1960] INSC 186 (31 October 1960)

Judgement Date : 31 Oct 1960

Citation : 1960 Latest Caselaw 186 SC

Headnote :

The respondent company was a manufacturer of edible and non- edible oils and was registered as a " dealer " under the United Provinces Sales Tax Act, 1948. Its year of account commenced on June 1, and ended on May 31 of the next year. Under S. 7(1) of the Act read. with rule 39 of the r...

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