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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 licence granted for the import of fountain pens at not less than Rs. 25 C.I.F. value, the respondent imported She affer pens from Australia, which had nibs which were gold plated and also caps and clips of similar composition. The imported goods were assessed to duty by the customs authoriti...
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 made a declaration that two houses were evacuee properties. Notice under s. 7 of the Administration of Evacuee Property Act, 1950, which initiated the proceedings resulting in the declaration had been served on two persons as owners. These persons did not appear a...
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 had been made under s. 3(2)(C) Of the Foreigners Act, 1946, directing that the respondent, "a Pakistan national 745 shall not remain in India after the expiry of three days". The respondent moved the High Court of Punjab under Art. 226 of the Constitution to quash the order con...
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 had lived there all along till about the end of 1954. He had been paying rent for his shop in India for ten years upto about 1958 and his family was and had always been in India. At the end of 1954 or the beginning of 1955 lie went to Pakistan from where...
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 challenged the constitutional validity of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, which extended the provisions of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, to Vidarbha and Kutch. That Act was declared valid by this...
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 :

By s. 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 out of such order and the Appellate Tribunal shall ... draw up 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 questions for determination in the appeal were whether the award in question was invalid, (1) by reason of the court failing to comply with the mandatory requirement of S. 23(l) Of the Arbitration Act, 1940, that the time within which the award is to be made, must be specified in the order, and...
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 :

The only question that a civil court is precluded from determining under s. 9(2) of the Citizenship Act, 1955, read with r. 30 Of the Rules framed under the Act is the question as to whether, when or how any person has acquired the citizenship of another country. They are not prevented from determin...
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 before the partition. He left for Pakistan and returned to India in 1953 on a Pakistani passport and Indian visa. He did not return to Pakistan before the expiry of the period for which he was permitted to stay in India under the visa. He was convicted for a breach of...
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 were granted certificates of registration as Indian Citizens under s. 5(1)(a) of the Citizenship Act, 955, by the Collector of Nagaur. Later the Collector passed orders canceling the certificates. The power to cancel was based on 773 S. 10 (2)(a) Of the Citizenship Act, 1955, and S....
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 and petitioners under Art. 32 of the Constitution challenged the constitutionality of the imposition of octroi duty on cotton and wool on the grounds that (1) the failure to notify the final resolution of the imposition of the tax in the Government Gazette as requir...
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 dispute between the respondent company and the Government of Bihar over the bills for the amount payable to tile company in respect of the construction works carried out by it for the Government was referred to arbitration. The agreement to refer to arbitration was executed 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 :

Under the Punjab General Sales Tax Act, 1948, a dealer had to furnish his return every quarter according to the Rules and was also required to furnish evidence in support of the return if called for, and if he failed to do so the assessing authority could proceed to make an assessment to the best of...
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 the import of which was prohibited except under a licence granted by the licensing authorities under the Import and Export Control Act, 1947, and the Imports (Control) Order, 1955. The import was totally prohibited for some time but afterwards...
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, provided that no person shall be employed about the business of an establishment for more than forty eight hours in any week and nine hours in any one day. Under s. 9 of the Act no establishment shall save otherwise provided by t...
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 of Ludhiana district, was the last male holder of the property in dispute. He adopted the appellant before the village panchayat by distributing and executed a deed of adoption in his favour. For a short period N lived with the appellant. A few weeks later N left the appellant, cancelled th...
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 1 and 2 constructed a bund on their own land and dug trenches with a view to protect their lands from being inundated by the flood waters of the Vakada drain; as a result of that, the flood water flowing from appellant's field in the Northerly direction could not find an outlet a...
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 comprising of three textile mills and one flour mill were jointly owned by several persons. The financier of the Mills filed a suit for recovery of the amount due to him. During the pendency of the suit a receiver was appointed to take possession of the flour mills but he was not empo...
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 assessee company was promoted with the idea of obtaining the Managing Agency of the Appollo Mills from M/s. Sassoon total of 25 lakhs shares of RS. 2 each. According to the agreement the assessee company bad to take the whole of the block of shares belonging to the Sassoons and pay at Rs. 4-4...
Abdui, Gafoor Vs. State of Mysore [1961] INSC 151 (12 April 1961)

Judgement Date : 12 Apr 1961

Citation : 1961 Latest Caselaw 151 SC

Headnote :

After a scheme 'Was published by the Mysore Transport Undertaking under s. 68-C of the Motor Vehicles Act, 1939, and approved by the State Government the State Transport Undertaking made applications for permits under s. 68-F(1) of the Act to the Regional Transport Authority but before the permi...
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 suit was Khoti land land s. 9 of the Khoti Settlement Act, 1880, prior to its amendment prohibited the. transfer of the occupancy right without the consent of the Khot. Section 31 of the Bombay Tenancy Act, 1939, which came into force from April 1946, amended s. 9 of the Khoti Settlem...
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 of higher value than what was granted under his licence. The Collector of Customs ordered the goods to be confiscated under s. 167(8) of the Sea Customs Act, 1878 and in lieu of confiscation gave an option to the respondent to a fine. On appeal the Central Board of Reve...
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 held the rank of a Mamllatdar in the first grade and was officiating as District Deputy Collector, was alleged to have wrongly charged travelling allowance for 59 miles instead of 51 and was, as the result of a departmental enquiry, reverted to his substantive rank for three years...
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, as originally enacted, provided that in calculating the net turnover of a registered dealer for tax purposes, all sales made to another registered dealer of goods specified in the latter's certificate of registration were to be excluded from the gross...
Malik Ram Vs. State of Rajasthan [1961] INSC 156 (14 April 1961)

Judgement Date : 14 Apr 1961

Citation : 1961 Latest Caselaw 156 SC

Headnote :

By s. 68-D(2) of the Motor Vehicles Act, 1939, "The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State Transport Undertaking to be heard in the matter, it they so desire, 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 a number of cases in which the petitioner was concerned, to the Income-tax Investigation Commission set up under the relevant provisions of the Taxation on Income (Investigation Commission) Act, 1947. After the Commission had submitted the report under s. 8...
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 certain tile factories, challenged the validity of the Minimum Wages Act, 1948, as also the notification issued by the Kerala Government prescribing minimum rates of wages in respect of employment in the tile industry on the report of a committee constituted under the A...
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 run by the appellant met with an accident as a result of which R died. R's dependents and heirs e.g. the father, widow and sons, brought a suit for compensation under S. 1 of the Fatal Accidents Act, 1855, for loss of pecuniary benefit sustained by them personally and under S. 2 thereof fo...
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, authorised the Controller to select any Government, local authority, public institution, officer of a government, local authority or public institution or any other person as a tenant of a vacant house. Under the Act the...
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, respondent 2 in the appeal, was the tenant in respect of a shop under the appellant and informed him that the company had closed its premises, that respondent I will conduct his business in the shop, and that he will be personally responsible for payment of rent, a...
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 exercise of the power conferred by s. 3A(2) of the U.P. Sales Tax Act, 1948, which enabled the State Government, by notification, to fix the rate of the tax to be levied on the sales of goods specified in the section not exceeding nine pies per rupee, the Government issued at notification dated J...
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 accepted a sum of Rs. 10,000 from a contractor. He was chalanned before a Magistrate at Dhanbad; but on an application by the appellant the High Court transferred the case to the Munsif-Magistrate, Patna. Subsequently, the Criminal Law Amendment Act, 1952, came into force which made...
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 of whom was the owner and the other the manager of a colliery were convicted for contravening the provisions of the Mines Creche Rules, 1946, under which the owner of every mine employing women was required to construct creches for the use of the women employees and also to appoin...
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 :

One P died in 1874 leaving considerable property. He also left a will which provided for several contingencies; the first respondent was given an interest under each contingency which was enlarged from contingency to contingency. Under the last contingency which happened the entire property was give...
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 committed to the Court of Session at Madras for trial under s. 120-B read with s. 420 of the Indian Penal Code and for committing the offence of forgery in pursuance of that conspiracy. The Criminal conspiracy was alleged to have been committed at Calcutta, while the other offences...
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 convicted by the Court of Session, High Court, Calcutta, of offences under S. 120B read with S. 471 and S. 471 read with S. 466 of the Indian Penal Code in respect of an import licence. His appeal against the order of conviction and sentence passed by the trial judge was summarily...
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 company registered in West Germany, entered into a contract with a company in India to set up a complete coke oven battery ready for production as well as by-products plants at Sindri in the State of Bihar, agreeing to erect and construct buildings, plants and...
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 :

One Ramjidas built a dharmasala, a temple and shops appurtenant thereto with the joint family funds on Government land with the permission of the Government. After his death the other members who were in management and possession of those properties were dispossessed by the State, its officers an...
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 acquired the rights of protected tenants under S. 3A(1) of the Bombay Tenancy Act, 1939, as amended by the Bombay Tenancy (Amendment) Act, 1946, and their rights as protected tenants were recorded in the Record of Rights. That Act was repealed by the Bombay Tenancy and Agricultura...
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) of the First Schedule to the Central Excise and Salt Act, 1944, imposes an excise duty of Rs. 1- 10 nP. per kilogram on tobacco other than flue cured and not actually used for the manufacture of cigarettes, smoking mixtures for pipes and cigarettes or birds in the whole leaf for...
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 obtained a lease of a cinema house which was to expire in May 1942. In the meantime litigation ensued between the owners of the cinema house, and the High Court appointed receivers to administer the property. In 1940 one I offered to take a lease of the cinema house for 21 years. The Hi...
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 :

On the expiry of the appellant's tenancy for the occupation of the premises in dispute, the respondent who was the landlord filed a suit for possession of the premises. Meanwhile under s. 6 of the Bombay Rents, Hotel and Lodging House Rates Control 160 Act, 1947, a notification was issued app...
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 village Buland, teshil and district Rohtak, provided as follows:- "No non-proprietor can settle in the village or build a house without the consent of the owner of the estate. Whenever anybody settles, he obtains land or house from the proprietor of the same and he can live...
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 a prolonged litigation and having fulfilled all the conditions of the Delhi Rent Control Act, obtained decrees of ejectment against the tenants. 126 In the meantime the Slum Areas (Improvement and Clearance) Act, 956, came into force and the petitioner in accordance with s. s...
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 filed a suit on the basis of a security bond executed by a Government Treasurer and certain sureties who joined in the execution of the bond. The contention in defence, inter alia, was that art. 149 Of the Indian Limitation Act prescribing a 60 years period of limitation for suits by...
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 a right to cut and remove bamboos and certain other timber to be found in a specific area of the forest Village of Jun by certain persons known as Manjhis who held under a mokarari lease granted by the Raja of Ranka and whose names had been entered in the revenue re...
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 to sales tax under the provisions of the Bihar Sales Tax, 1944, for three periods commencing from October 1, 1947, and ending on March 31, 1050. Its claim for certain deductions was disallowed, and its applications in revision under s. 24 Of the Act to the Board of Re...
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 :

On the failure of the appellant to carry out the requisition by the Municipality to execute certain repairs to its property the Municipality carried out the said repairs after giving due notice, the cost of which became recoverable from the appellant as tax under S. 222(4) of the Ajmer Merwara Munic...
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 was married to the appellant in October, 1951, but their relations got strained by 1953. She was ill-treated and her health deteriorated due to maltreatment and under-nourishment. In 1956 she was deliberately starved and not allowed to leave the house in which they were living and only sometimes a...
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 applied to the Patna University for permission to appear at the 1954 M. A. Examination in English as a private candidate representing that he was a graduate having obtained his B. A. Degree in 1951 and that he had been teaching in a certain school. Believing his statements the Universi...
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