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 issued under section 4-A of the Central Provinces and Berar Goondas Act, 1946 (X of 1946), as amended by the Madhya Pradesh Act XLIX of 1950, the State of Madhya Pradesh instructed the respondent to vacate the district of Chhindwara, which had been designated as a proclaimed area under t...

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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 received a hereditary military pension known as Bachat, which was granted by the Rulers of Gwalior to his ancestors in acknowledgment of their military service. The right to this pension was affirmed by the Kalambandis issued in 1912 and 1935 by the same Rulers.In 1948, when Gwalior me...

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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 held a personal inam that he had acquired from the original inamdar, who had been issued a Sanad under the Bombay Act No. VII of 1863. He was paying Rs. 7 as salami and Rs. 6-3-0 as quit rent, with the total land assessment amounting to Rs. 56-8-0. Initially, the land was part of a vil...

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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 possessed personal inams regulated by Bombay Acts Nos. II and VII of 1863, which allowed them to hold their lands by paying a land revenue that was lower than the full assessment. Following the enactment of the Bombay Personal Inams Abolition Act, 1952, the appellants, affected by thi...

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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 :

On June 22, 1951, Customs authorities conducted a search of the appellant\'s residence and recovered ten items. During the inquiry before the Collector, the appellant claimed that he had brought the first five items from Pakistan in 1947, following the partition, and asserted that he was a bona fide...

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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 business entity operating in Singapore, initiated a lawsuit in the firm\'s name against the appellants for breach of contract. The lawsuit was signed and verified on behalf of the firm by an individual named \'D\', who acted under a power of attorney granted by only one of the part...

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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 reached between the management of Mankatha Distillery and the workers\' union in the presence of the conciliation officer. At the time of this settlement, the Union was not registered under the Indian Trade Unions Act.Since the management failed to implement the terms of the settlem...

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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 :

The respondent, a non-resident company, supplied goods during the accounting year, which were shipped F.O.R. Bhopal to buyers in British India. The railway receipts were given to a bank in Bhopal with instructions to release them to the named consignees only upon receipt of payment for the bill and...

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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 registered dealers under the Assam Sales Tax Act of 1947, filed a return for their turnover covering the period from April 1, 1948, to September 30, 1948. This return included sales of all goods in Assam, excluding jute.However, the Superintendent of Taxes issued a summary a...

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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, classified as a non-resident under the Indian Income-tax Act, failed to file returns for certain dividend income earned within the taxable territory. Consequently, the Income-tax Officer issued notices to him under Section 34 in conjunction with Section 22(2) of the Act for tax assess...

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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 found guilty under sections 380 and 114 of the Indian Penal Code. Subsequently, on October 5, 1957, the Deputy Commissioner of Police in Bombay issued an order under section 57(1) of the Bombay Police Act, expelling him from the Greater Bombay area. He was la...

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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 acquired groundnuts to produce groundnut oil, which it also refined and hydrogenated to create Vanaspati. The oil was sold across three states. According to the Madras General Sales Tax Act, 1939, and the Turnover and Assessment Rules, the appellant could deduct the purchase price of t...

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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 of 1949, which has since been repealed but was applicable in the State of Jodhpur during the relevant time, authorized the Government under section 85 to declare that rents could be recovered as arrears of land revenue in cases of widespread tenant refusal to pay rent. Followi...

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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 to allocate some of his lands for the upkeep of specific temples and Thakoorbaries. He was designated as the trustee of these institutions and was entitled to receive 15% of the net income from those lands as his trustee\'s fee. In front of the income-tax autho...

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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 in Kanpur submitted a complaint to the Court of Session, accusing the appellants of publishing a false and defamatory news article about the Chief Minister of Uttar Pradesh. This complaint met the requirements outlined in section 198-B of the Code of Criminal Procedure. The app...

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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 manufactured cigarettes and tobacco in Bihar, challenged the imposition of sales tax on their sales during the financial years 1949-50 and 1950-51. They argued that every sale resulted in the goods being delivered outside Bihar, thus exempting them from tax under Article 286(1)(a...

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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 :

A person named K, who held a 0-2-3 share in certain properties in Uttar Pradesh, moved to Pakistan in 1947. The relevant Officer initiated proceedings under the Evacuee Interest (Separation) Act, 1951 to separate K\'s share from the property. Since the claimants were unwilling to buy K\'s share, the...

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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 established bye-laws to regulate and oversee flour, rice, and oil mills, which required obtaining a license upon payment of a fee to operate a mill. These bye-laws were created under section 174 of the U. P. District Boards Act, 1922. The respondent argued that the bye-laws were beyond...

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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 for election to the Assam Legislative Assembly was rejected by the Returning Officer due to disqualification under Section 7(b) of the Representation of the People Act, 1951. This disqualification was based on the appellant\'s conviction and three-year rigorous imprisonme...

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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 individuals from West Pakistan, submitted claims regarding the village houses they had left behind, but these claims were denied by the Rehabilitation authorities. Some petitioners claimed amounts exceeding Rs. 20,000, while others claimed amounts over Rs. 10,000....

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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 relation to a decree issued against T, the owner of certain watan properties, an attempt was made to attach and sell a building located on watan land included in those properties as part of the decree\'s execution. The appellant, acting as T\'s legal representative, argued that the building was n...

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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 :

A complaint was filed by one S against the first petitioner to the Chief Minister, who forwarded it to the Additional Inspector General of Police. The Inspector General then directed the Deputy Superintendent of Police, C.I.D., to \"register a case and investigate personally.\" Consequently, the Dep...

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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 stored \'bunker coal\' at Candle Island in the State of Madras and sold it to steamers visiting the port of Cochin in the State of Travancore-Cochin, delivering the coal there. For the years 1951-52 and 1952-53, the respondent was assessed for sales tax on these transactions. The resp...

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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 engaged in the production of both edible and non-edible oils and was registered as a \"dealer\" under the United Provinces Sales Tax Act of 1948. Its financial year began on June 1 and concluded on May 31 of the following year.According to Section 7(1) of the Act, along wi...

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