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A. Vs. Venkateswaran, Collector of Customs, Bombay Vs. Ramchand Sobhraj Wadhwani & ANR [1961] INSC 132 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 132 SC

Headnote :

Under a license permitting the import of fountain pens valued at no less than Rs. 25 C.I.F., the respondent imported Sheaffer pens from Australia, which featured gold-plated nibs, caps, and clips. The customs authorities assessed the imported goods for duty under item 61(8) of the First Schedule to...
Dr. Zafar Ali Shah & Ors Vs. The Assistant Custodian of Evacuee Property, Jhansi [1961] INSC 133 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 133 SC

Headnote :

The Custodian of evacuee properties issued a declaration stating that two houses were classified as evacuee properties. A notice under section 7 of the Administration of Evacuee Property Act, 1950, which initiated the proceedings leading to this declaration, was served to two individuals identified...
Union of India Vs. Ghaus Mohammad [1961] INSC 134 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 134 SC

Headnote :

An order was issued under section 3(2)(C) of the Foreigners Act, 1946, stating that the respondent, \"a Pakistan national,\" must leave India within three days.The respondent approached the High Court of Punjab under Article 226 of the Constitution to annul the order, arguing that he was not a Pakis...
State of Andhra Pradesh Vs. Abdul Khader [1961] INSC 135 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 135 SC

Headnote :

The respondent was born in India in 1924 and lived there continuously until the end of 1954. He had been renting a shop in India for ten years until around 1958, and his family had always resided in India. At the end of 1954 or the beginning of 1955, he traveled to Pakistan, returning on January 20,...
Shri Mahadeo Paikaji Kolhe Yavatmal Vs. The State of Bombay [1961] INSC 136 (4 April 1961)

Judgement Date : 04 Apr 1961

Citation : 1961 Latest Caselaw 136 SC

Headnote :

The petitioners contested the constitutional legitimacy of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, which applied the provisions of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, to the regions of Vidarbha and Kutch. This Act had previou...
The Commissioner of Income-Tax, Bombay Vs. The SC India Steam Navigatlon Co. Ltd. [1961] INSC 137 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 137 SC

Headnote :

According to section 66(1) of the Indian Income-tax Act, 1922, \"the assessee or the Commissioner may, by application in the prescribed form, require the Appellate Tribunal to refer to the High Court any question of law arising from such order, and the Appellate Tribunal shall prepare a statement of...
B. Subbarama Naidu Vs. B. Siddamma Naidu & Ors [1961] INSC 138 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 138 SC

Headnote :

The appeal raised two key questions for determination: (1) whether the award was invalid due to the court\'s failure to adhere to the mandatory requirement of Section 23(1) of the Arbitration Act, 1940, which stipulates that the time frame for issuing the award must be specified in the order, and (2...
Akbar Khan Alam Khan & ANR Vs. The Union of India & Ors [1961] INSC 139 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 139 SC

Headnote :

A civil court is only barred from addressing the issue of whether, when, or how an individual has obtained citizenship of another country under section 9(2) of the Citizenship Act, 1955, in conjunction with rule 30 of the associated Rules. However, they are not restricted from resolving other matter...
Fida Hussain Vs. State of Uttar Pradesh [1961] INSC 140 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 140 SC

Headnote :

The appellant was born in India prior to the partition. He moved to Pakistan and returned to India in 1953 using a Pakistani passport and an Indian visa. He did not leave Pakistan before the visa\'s expiration date, which allowed him to stay in India. As a result, he was convicted for violating para...
Ghaurul Hasan & Ors Vs. The State of Rajasthan [1961] INSC 141 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 141 SC

Headnote :

The petitioners received certificates of registration as Indian Citizens under section 5(1)(a) of the Citizenship Act, 1955, from the Collector of Nagaur. Subsequently, the Collector issued orders to revoke these certificates. The authority to cancel was derived from section 10(2)(a) of the Citizens...
Bangalore Woollen, Cotton and Silk Mills Co. Ltd. Vs. Corporation of The City of Bangalore [1961] INSC 142 (5 April 1961)

Judgement Date : 05 Apr 1961

Citation : 1961 Latest Caselaw 142 SC

Headnote :

The appellants in the two appeals, along with the petitioners under Article 32 of the Constitution, contested the constitutionality of the octroi duty imposed on cotton and wool. They argued that (1) the failure to publish the final resolution regarding the tax in the Government Gazette, as mandated...
The State of Bihar Vs. M/S. Karam Chand Thapar & Brothers Ltd. [1961] INSC 143 (7 April 1961)

Judgement Date : 07 Apr 1961

Citation : 1961 Latest Caselaw 143 SC

Headnote :

A disagreement arose between the respondent company and the Government of Bihar regarding the payments owed to the tile company for construction work performed for the Government, which was subsequently referred to arbitration. The agreement to initiate arbitration was signed on behalf of the Govern...
Madan Lal Arora Vs. Excise & Taxation Officer, Amritsar [1961] INSC 144 (7 April 1961)

Judgement Date : 07 Apr 1961

Citation : 1961 Latest Caselaw 144 SC

Headnote :

According to the Punjab General Sales Tax Act, 1948, dealers were required to submit their returns quarterly as per the established Rules and must provide supporting evidence for their returns if requested. If a dealer failed to comply, the assessing authority had the right to make an assessment bas...
Glass Chatons Importers & Users' Association Vs. Union of India [1961] INSC 145 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 145 SC

Headnote :

The appellants were importers and users of glass chatons, which could only be imported under a license issued by the licensing authorities in accordance with the Import and Export Control Act of 1947 and the Imports (Control) Order of 1955. Initially, the import was completely banned, but it was lat...
Ramdhandas & ANR Vs. The State of Punjab [1961] INSC 146 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 146 SC

Headnote :

Section 7 of the Punjab Shops and Commercial Establishments Act, 1958, stipulates that no individual shall be employed in an establishment for more than forty-eight hours in a week and nine hours in a single day. Additionally, Section 9 of the Act states that no establishment shall open before ten o...
Inder Singh Vs. Gurdial Singh [1961] INSC 147 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 147 SC

Headnote :

N, a Jat from the Ludhiana district, was the last male owner of the disputed property. He adopted the appellant in front of the village panchayat by distributing and executing an adoption deed in the appellant\'s favor. N lived with the appellant for a brief period, but shortly after, he left, revok...
Patneedi Rudrayya Vs. Velugubantla Venkayya & Ors [1961] INSC 148 (10 April 1961)

Judgement Date : 10 Apr 1961

Citation : 1961 Latest Caselaw 148 SC

Headnote :

The respondents, referred to as 1 and 2, built a bund on their own property and excavated trenches to safeguard their lands from flooding caused by the waters of the Vakada drain. Consequently, the floodwaters flowing from the appellant\'s field to the north were unable to drain away, resulting in w...
Hiralal Patni Vs. Loonkaram Sethiya & Ors [1961] INSC 149 (11 April 1961)

Judgement Date : 11 Apr 1961

Citation : 1961 Latest Caselaw 149 SC

Headnote :

The John Mills, which included three textile mills and one flour mill, were co-owned by multiple individuals. The financier of the mills initiated legal proceedings to recover the owed amount. While the case was ongoing, a receiver was appointed to take control of the flour mill, but he was not auth...
M/S. Rajputana Textiles (Agencies) Ltd. Vs. The Commissioner of Income-Tax, Bombay City [1961] INSC 150 (12 April 1961)

Judgement Date : 12 Apr 1961

Citation : 1961 Latest Caselaw 150 SC

Headnote :

The company in question was established with the goal of acquiring the Managing Agency of Apollo Mills from M/s. Sassoon.It involved a total of 25 lakh shares valued at Rs. 2 each. As per the agreement, the company was required to purchase the entire block of shares owned by the Sassoons at a price...
Abdui, Gafoor Vs. State of Mysore [1961] INSC 151 (12 April 1961)

Judgement Date : 12 Apr 1961

Citation : 1961 Latest Caselaw 151 SC

Headnote :

Following the publication of a scheme by the Mysore Transport Undertaking under section 68-C of the Motor Vehicles Act, 1939, which was subsequently approved by the State Government, the State Transport Undertaking submitted applications for permits under section 68-F(1) of the Act to the Regional T...
Daji Krishnaji Desai Tambulkar Vs. Ganesh Vishnu Kulkarni & Ors [1961] INSC 152 (12 April 1961)

Judgement Date : 12 Apr 1961

Citation : 1961 Latest Caselaw 152 SC

Headnote :

The land in question was Khoti land, and Section 9 of the Khoti Settlement Act of 1880, prior to its amendment, prohibited the transfer of occupancy rights without the Khot\'s consent. However, Section 31 of the Bombay Tenancy Act of 1939, which took effect in April 1946, amended Section 9 of the Kh...
The Collector of Customs, Baroda Vs. Digvijaysinhji Spinning & Weaving Mills Ltd. [1961] INSC 153 (12 April 1961)

Judgement Date : 12 Apr 1961

Citation : 1961 Latest Caselaw 153 SC

Headnote :

The respondent imported goods valued higher than what was permitted under his license. The Collector of Customs ordered the confiscation of these goods under section 167(8) of the Sea Customs Act, 1878, but offered the respondent the option to pay a fine instead of facing confiscation. Upon appeal,...
Shri Madhav Laxman Vaikunthe V. Vs. The State of Mysore [1961] INSC 154 (12 April 1961)

Judgement Date : 12 Apr 1961

Citation : 1961 Latest Caselaw 154 SC

Headnote :

The appellant, who was a first-grade Mamlatdar and was acting as the District Deputy Collector, was accused of incorrectly claiming travel expenses for 59 miles instead of 51. Following a departmental inquiry, he was demoted back to his original rank for three years and ordered to repay the excess a...
The State of Assam Vs. Remesh Chandra Dey & Ors [1961] INSC 155 (14 April 1961)

Judgement Date : 14 Apr 1961

Citation : 1961 Latest Caselaw 155 SC

Headnote :

Section 15 of the Assam Sales Tax Act, 1947, in its original form, stipulated that when determining the net turnover of a registered dealer for tax purposes, all sales made to another registered dealer of goods listed in that dealer\'s registration certificate were to be excluded from the gross turn...
Malik Ram Vs. State of Rajasthan [1961] INSC 156 (14 April 1961)

Judgement Date : 14 Apr 1961

Citation : 1961 Latest Caselaw 156 SC

Headnote :

According to section 68-D(2) of the Motor Vehicles Act, 1939, \"The State Government may, after considering the objections and providing an opportunity for the objector or their representatives, as well as the representatives of the State Transport Undertaking, to be heard if they wish, approve or m...
Ranjit Singh Vs. The Commissioner of Income-Tax, U. P. & Ors [1961] INSC 157 (14 April 1961)

Judgement Date : 14 Apr 1961

Citation : 1961 Latest Caselaw 157 SC

Headnote :

In 1948, the Central Government referred several cases involving the petitioner to the Income-tax Investigation Commission, established under the Taxation on Income (Investigation Commission) Act of 1947.After the Commission submitted its report under section 8A(1) of the Act, estimating the total t...
U. Unichoyi & Ors Vs. The State of Kerala [1961] INSC 158 (14 April 1961)

Judgement Date : 14 Apr 1961

Citation : 1961 Latest Caselaw 158 SC

Headnote :

The petitioners, representing specific tile manufacturing companies, contested the legitimacy of the Minimum Wages Act, 1948 and the notification issued by the Kerala Government that set minimum wage rates for the tile industry. This notification was based on a committee\'s report, which included bo...
Gobald Motor Service Ltd. & ANR Vs. R. M. K. Veluswami & Ors [1961] INSC 159 (14 April 1961)

Judgement Date : 14 Apr 1961

Citation : 1961 Latest Caselaw 159 SC

Headnote :

A bus operated by the appellant was involved in an accident that resulted in the death of R. R\'s dependents, including his father, widow, and sons, filed a lawsuit for compensation under Section 1 of the Fatal Accidents Act, 1855, claiming loss of financial support, and under Section 2 for the loss...
S. P. Jinadathappa Vs. R. P. Sharma & Ors [1961] INSC 160 (17 April 1961)

Judgement Date : 17 Apr 1961

Citation : 1961 Latest Caselaw 160 SC

Headnote :

Section 30(3)(a) of the Mysore House Rent and Accommodation Control Act, 1951, empowered the Controller to designate any government entity, local authority, public institution, or individual as a tenant for a vacant property. The Act mandated that the property owner must lease the house to the selec...
Pandit Kishan Lal Vs. Ganpat Ram Khosla & ANR [1961] INSC 161 (17 April 1961)

Judgement Date : 17 Apr 1961

Citation : 1961 Latest Caselaw 161 SC

Headnote :

The Singer Sewing Machine Company, the second respondent in the appeal, was the tenant of a shop owned by the appellant. The company notified the appellant that it had closed its premises and that the first respondent would take over the business in the shop, assuming personal responsibility for the...
M/S. J. K. Jute Mills Co. Ltd. Vs. The State of Uttar Pradesh & ANR [1961] INSC 162 (17 April 1961)

Judgement Date : 17 Apr 1961

Citation : 1961 Latest Caselaw 162 SC

Headnote :

In accordance with the authority granted by section 3A(2) of the U.P. Sales Tax Act, 1948, which allowed the State Government to set a tax rate on specified goods not exceeding nine pies per rupee, the Government issued a notification on June 8, 1948, imposing a tax of six pies per rupee on jute sal...
Ram Chandra Prasad Vs. The State of Bihar [1961] INSC 163 (18 April 1961)

Judgement Date : 18 Apr 1961

Citation : 1961 Latest Caselaw 163 SC

Headnote :

The appellant received Rs. 10,000 from a contractor and was subsequently charged before a Magistrate in Dhanbad. However, upon the appellant\'s request, the High Court moved the case to the Munsif-Magistrate in Patna.Later, the Criminal Law Amendment Act of 1952 was enacted, stipulating that all off...
Mohan Lal Goenka & ANR Vs. The State of West Bengal [1961] INSC 164 (18 April 1961)

Judgement Date : 18 Apr 1961

Citation : 1961 Latest Caselaw 164 SC

Headnote :

The appellants, one being the owner and the other the manager of a colliery, were found guilty of violating the Mines Creche Rules, 1946. These rules mandated that the owner of any mine employing women must establish creches for their female employees and appoint a \"Creche-in-charge\" to oversee th...
Abinash Chandra Bannerji & Ors Vs. Uttarpara Hitakari Sabha & Ors [1961] INSC 165 (18 April 1961)

Judgement Date : 18 Apr 1961

Citation : 1961 Latest Caselaw 165 SC

Headnote :

In 1874, an individual known as P passed away, leaving behind significant assets. P had also drafted a will that included various contingencies; the first respondent was granted an interest under each of these contingencies, which increased with each subsequent one. Under the final contingency that...
L. N. Mukherjee Vs. The State of Madras [1961] INSC 166 (19 April 1961)

Judgement Date : 19 Apr 1961

Citation : 1961 Latest Caselaw 166 SC

Headnote :

The appellant was brought before the Court of Session in Madras to face trial under Section 120-B in conjunction with Section 420 of the Indian Penal Code, as well as for the act of forgery that was carried out in furtherance of that conspiracy. The alleged criminal conspiracy took place in Calcutta...
Purushottam Das Dalmia Vs. The State of West Bengal [1961] INSC 167 (19 April 1961)

Judgement Date : 19 Apr 1961

Citation : 1961 Latest Caselaw 167 SC

Headnote :

The appellant was found guilty by the Court of Session, High Court, Calcutta, for offenses under Section 120B in conjunction with Section 471 and Section 471 in conjunction with Section 466 of the Indian Penal Code concerning an import license. His appeal against the conviction and sentence imposed...
Carl Still G. M. B. H. & ANR Vs. The State of Bihar & Ors [1961] INSC 168 (19 April 1961)

Judgement Date : 19 Apr 1961

Citation : 1961 Latest Caselaw 168 SC

Headnote :

On December 19, 1953, the appellant, a West German company, entered into a contract with an Indian company to establish a complete coke oven battery and by-products plants in Sindri, Bihar. The agreement included the construction of buildings, plants, and machinery, as well as the delivery of access...
Bishan Das & Ors Vs. The State of Punjab & Ors [1961] INSC 169 (19 April 1961)

Judgement Date : 19 Apr 1961

Citation : 1961 Latest Caselaw 169 SC

Headnote :

Ramjidas constructed a dharmasala, a temple, and associated shops using joint family funds on government land, with the government\'s permission.Following his death, the other family members managing and possessing these properties were dispossessed by the State, its officials, and the local Municip...
Sakharam Bapusaheb Narayan Sanas & ANR Vs. Manikchand Motichand Shah & ANR [1961] INSC 170 (19 April 1961)

Judgement Date : 19 Apr 1961

Citation : 1961 Latest Caselaw 170 SC

Headnote :

The appellants had obtained the rights of protected tenants under Section 3A(1) of the Bombay Tenancy Act, 1939, which was amended by the Bombay Tenancy (Amendment) Act, 1946, and these rights were documented in the Record of Rights. This Act was later repealed by the Bombay Tenancy and Agricultural...
Jagannath & Ors Vs. Union of India [1961] INSC 171 (20 April 1961)

Judgement Date : 20 Apr 1961

Citation : 1961 Latest Caselaw 171 SC

Headnote :

Item 5 of entry 4(1) in the First Schedule of the Central Excise and Salt Act, 1944, establishes an excise duty of Rs. 1-10 nP. per kilogram on tobacco, excluding flue cured tobacco, that is not actually utilized for producing cigarettes, smoking mixtures for pipes, or whole leaf birds. Item 6 sets...
P. J. Irani Vs. The State of Madras [1961] INSC 172 (21 April 1961)

Judgement Date : 21 Apr 1961

Citation : 1961 Latest Caselaw 172 SC

Headnote :

One C had secured a lease for a cinema house set to expire in May 1942. During this time, a legal dispute arose between the cinema house owners, leading the High Court to appoint receivers to manage the property. In 1940, an individual named I expressed interest in leasing the cinema house for 21 ye...
Shah Bhojraj Kuverji Oil Mills and Ginning Factory Vs. Subbash Chandra Yograj Sinha [1961] INSC 173 (21 April 1961)

Judgement Date : 21 Apr 1961

Citation : 1961 Latest Caselaw 173 SC

Headnote :

Upon the expiration of the appellant\'s tenancy for the disputed premises, the respondent, who was the landlord, initiated a lawsuit for possession of the property.In the meantime, a notification was issued under section 6 of the Bombay Rents, Hotel and Lodging House Rates Control Act of 1947, apply...
Gorkha Ram & Ors Vs. The Custodian General Of India, Delhi [1961] INSC 174 (21 April 1961)

Judgement Date : 21 Apr 1961

Citation : 1961 Latest Caselaw 174 SC

Headnote :

The wajib-ul-arz of Buland village, located in the Rohtak tehsil and district, states the following: \"No non-proprietor may settle in the village or construct a house without the estate owner\'s permission. Anyone who settles must obtain land or a house from the proprietor and may reside there as l...
Jyoti Pershad Vs. The Administrator For The Union Territory of Delhi [1961] INSC 175 (21 April 1961)

Judgement Date : 21 Apr 1961

Citation : 1961 Latest Caselaw 175 SC

Headnote :

The petitioner, after enduring extensive litigation and meeting all the requirements of the Delhi Rent Control Act, secured eviction decrees against the tenants.Meanwhile, the Slum Areas (Improvement and Clearance) Act of 1956 was enacted, and the petitioner applied to the competent authority for pe...
Nav Rattanmal & Ors Vs. The State of Rajasthan [1961] INSC 176 (24 April 1961)

Judgement Date : 24 Apr 1961

Citation : 1961 Latest Caselaw 176 SC

Headnote :

The Government initiated a lawsuit based on a security bond executed by a Government Treasurer along with certain sureties who participated in the bond\'s execution. One of the defenses raised was that Article 149 of the Indian Limitation Act, which sets a 60-year limitation period for Government su...
Guru Datta Sharma Vs. State of Bihar [1961] INSC 177 (24 April 1961)

Judgement Date : 24 Apr 1961

Citation : 1961 Latest Caselaw 177 SC

Headnote :

In 1946, the appellant was granted permission to cut and remove bamboos and other timber from a designated area in the forest village of Jun by individuals known as Manjhis, who held a mokarari lease from the Raja of Ranka, with their names recorded in the revenue documents. Subsequently, the Bihar...
Chandi Prasad Chokhani Vs. The State of Bihar [1961] INSC 178 (24 April 1961)

Judgement Date : 24 Apr 1961

Citation : 1961 Latest Caselaw 178 SC

Headnote :

The appellant firm was assessed for sales tax under the Bihar Sales Tax Act of 1944 for three periods starting from October 1, 1947, to March 31, 1950. Its requests for specific deductions were denied, and its revision applications under Section 24 of the Act to the Board of Revenue, Bihar, were rej...
The Darcah Committee, Ajmer Vs. State of Rajasthan [1961] INSC 179 (24 April 1961)

Judgement Date : 24 Apr 1961

Citation : 1961 Latest Caselaw 179 SC

Headnote :

Due to the appellant\'s failure to comply with the Municipality\'s request to perform specific repairs on its property, the Municipality proceeded to carry out the necessary repairs after providing proper notice. The expenses incurred for these repairs became recoverable from the appellant as a tax...
Om Parkash Vs. The State of Punjab [1961] INSC 180 (24 April 1961)

Judgement Date : 24 Apr 1961

Citation : 1961 Latest Caselaw 180 SC

Headnote :

B married the appellant in October 1951, but by 1953, their relationship had soured. She faced mistreatment, which led to a decline in her health due to abuse and lack of proper nutrition. In 1956, she was intentionally starved and confined to their home, receiving only occasional scraps of food, ak...
Abhayanand Mishra Vs. The State of Bihar [1961] INSC 181 (24 April 1961)

Judgement Date : 24 Apr 1961

Citation : 1961 Latest Caselaw 181 SC

Headnote :

The appellant sought permission from Patna University to take the 1954 M.A. Examination in English as a private candidate, claiming to be a graduate with a B.A. Degree obtained in 1951 and stating that he was employed as a teacher at a certain school. Trusting his assertions, the University granted...
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