Caselaw | Supreme Court Judgements of april 1961

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Major E. G. Barsay Vs. The State of Bombay [1961] INSC 182 (24 April 1961)

Judgement Date : 24 Apr 1961

Citation : 1961 Latest Caselaw 182 SC

Army Act, 1950
Constitution of India
CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)
IPC Section 109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment
IPC Section 34. Acts done by several persons in furtherance of common intention
IPC Section 411. Dishonestly receiving stolen property
Preventive Detention Act, 1950

Headnote :

The appellant, along with five othersâ€”three of whom were not public servantsâ€”faced charges of criminal conspiracy aimed at dishonestly misappropriating military stores. The prosecution was sanctioned by a Deputy Secretary representing the Central Government, and the accused were tried by a Speci...

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State of Bihar Vs. Rameshwar Pratap Narain Singh& Ors [1961] INSC 183 (25 April 1961)

Judgement Date : 25 Apr 1961

Citation : 1961 Latest Caselaw 183 SC

Bihar Land Reforms Act, 1950
Constitution of India

Headnote :

Following the transfer of estates and tenures from proprietors or tenureholders to the State under the Bihar Land Reforms Act, 1950, the Revenue Authorities began to interfere with the rights of these former proprietors and tenure holders to conduct Melas on lands they subsequently occupied as occup...

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Dr. Mohammad Saheb Mahboob Medico Vs. The Deputy Custodian-General & ANR [1961] INSC 184 (25 April 1961)

Judgement Date : 25 Apr 1961

Citation : 1961 Latest Caselaw 184 SC

Administration of Evacuee Property Act, 1950

Headnote :

The appellant was recognized as an evacuee under Section 2(d)(iii) of the Administration of Evacuee Property Ordinance, 1949, and his property was classified as evacuee property under Section 22(b) of the Administration of Evacuee Property Act, 1950, due to the fact that he had transferred a signifi...

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M/S. Harinagar Sugar Mills Ltd. Vs. Shyam Sundar Jhunjhunwala & Ors [1961] INSC 185 (25 April 1961)

Judgement Date : 25 Apr 1961

Citation : 1961 Latest Caselaw 185 SC

Constitution of India

Headnote :

One shareholder, referred to as B, who owned a significant number of shares in the appellant company, transferred two sets of 100 shares each to his son and daughter-in-law. The recipients then requested the company to register these transfers. The company\'s directors, claiming to act under Article...

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Javer Chand & Ors Vs. Pukhraj Surana [1961] INSC 186 (25 April 1961)

Judgement Date : 25 Apr 1961

Citation : 1961 Latest Caselaw 186 SC

Headnote :

The respondent acknowledged the execution of two Hundis in the case, which were submitted and labeled as exhibits, but contested the consideration of these documents. They argued that the exhibited Hundis were inadmissible as evidence because they had not been stamped in accordance with the Stamp La...

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M/S. French India Importing Corporation, Delhi Vs. The Chief Controller of Imports & Exports & Ors [1961] INSC 187 (26 April 1961)

Judgement Date : 26 Apr 1961

Citation : 1961 Latest Caselaw 187 SC

Reserve Bank of India Act, 1934

Headnote :

The petitioners entered into agreements with certain British companies to import bicycles and bicycle parts to Pondicherry, which was then a French territory, following the procedures outlined by French law. The goods reached Pondicherry after the French territories merged with India based on the Ag...

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Rangilal Choudhury Vs. Dahu Sao & Ors [1961] INSC 188 (26 April 1961)

Judgement Date : 26 Apr 1961

Citation : 1961 Latest Caselaw 188 SC

Representation of the People Act, 1951

Headnote :

The appellant was elected as a member of the Bihar Legislative Assembly in a bye-election for the Dhanbad constituency, winning by a majority of votes. However, the respondent\'s nomination paper was rejected by the Returning Officer because the respondent\'s proposer mistakenly nominated him for th...

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Kartar Singh Vs. State of Punjab [1961] INSC 189 (26 April 1961)

Judgement Date : 26 Apr 1961

Citation : 1961 Latest Caselaw 189 SC

Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 307. Attempt to murder
IPC Section 34. Acts done by several persons in furtherance of common intention

Dalip Singh Vs. The State of Punjab [1960] INSC 114 (28 July 1960)
Dalip Singh & Ors Vs. State of Punjab [1953] INSC 42 (15 May 1953)

Headnote :

The appellant was tried alongside two others under sections 302 and 307 in conjunction with section 149 of the Indian Penal Code. The prosecution\'s case asserted that they, along with ten others, participated in a brawl that resulted in the death of an individual from the opposing side. The Session...

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Sri Sinna Ramanuja Jeer & Ors Vs. Sri Ranga Ramanuja Jeer & ANR [1961] INSC 190 (27 April 1961)

Judgement Date : 27 Apr 1961

Citation : 1961 Latest Caselaw 190 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent, serving as the aradanaikar and trustee of the Emberumanar temple dedicated to Sri Ramanujacharya, which is part of a group of temples surrounding the main temple of Athinathalwar in the Tirunelveli District, initiated two lawsuits that led to the current appeals. He sought a declarat...

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Jawala Ram Vs. State of Pepsu [1961] INSC 191 (27 April 1961)

Judgement Date : 27 Apr 1961

Citation : 1961 Latest Caselaw 191 SC

General Clauses Act, 1897
Northern India Canal and Drainage Act, 1873
Northern India Canal and Drainage Act, 1873

Headnote :

Some individuals were prosecuted but found not guilty of damaging a canal. Subsequently, the canal authorities imposed special canal charges on the appellants, concluding that the villagers were responsible for a breach in the canal. The High Court dismissed the appellants\' petition under Articles...

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Harnam Das Vs. State of Uttar Pradesh [1961] INSC 192 (27 April 1961)

Judgement Date : 27 Apr 1961

Citation : 1961 Latest Caselaw 192 SC

Code of Civil Procedure, 1908 (CPC)
Indian Penal Code, 1860 (IPC)
IPC Section 295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs

Headnote :

The respondent issued an order under section 99A of the Code of Criminal Procedure, forfeiting two books authored by the appellant, as it believed they contained material whose publication was punishable under sections 153A and 295A of the Indian Penal Code. However, the order failed to specify the...

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Ram Saran Lall & Ors Vs. Mst. Domini Kuer & Ors [1961] INSC 193 (27 April 1961)

Judgement Date : 27 Apr 1961

Citation : 1961 Latest Caselaw 193 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908
Section 54. TPA, “Sale” defined.

Headnote :

On January 31, 1946, P executed a sale deed for a house in favor of D and submitted it for registration on the same day. Upon learning about the sale deed, the appellant, who had a right of preemption, made the talab-i-mowasibat on February 2, 1946. The deed was recorded in the Registrar\'s books on...

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Tirumalachetti Rajaram Vs. Tirumalachetti Radhakrishnayyachetty [1961] INSC 194 (27 April 1961)

Judgement Date : 27 Apr 1961

Citation : 1961 Latest Caselaw 194 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The appellant filed a lawsuit seeking to recover his half share of the joint family properties from his father and those who acquired interests from him, arguing that the alienations made by his father were not applicable to his share of the properties. The trial court dismissed the lawsuit, but upo...

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Rana Sheo Ambar Singh Vs. Allahabad Bank Ltd., Allahabad [1961] INSC 195 (27 April 1961)

Judgement Date : 27 Apr 1961

Citation : 1961 Latest Caselaw 195 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894
Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.

Headnote :

The father of the appellant, who was a Talukdar of the Khajurgaon Estate, executed a simple mortgage on his ownership interest in the estate, which comprised sixty-seven villages, to Allahabad Bank Ltd. While the execution proceedings were ongoing, the U.P. Zamindari Abolition and Land Reforms Act,...

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The Registrar, Co-Operative Societies Vs. Dharam Chand & Ors [1961] INSC 196 (27 April 1961)

Judgement Date : 27 Apr 1961

Citation : 1961 Latest Caselaw 196 SC

Co-operative Societies Act, 1912

Headnote :

An inquiry into the operations of a Co-operative Bank, which is registered under the Co-operative Societies Act, 1912, was initiated following the manager\'s disappearance in 1953, revealing significant financial misconduct. On February 26, 1955, the Registrar of Co-operative Societies issued a noti...

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Smt. Ujjam Bai Vs. State of Uttar Pradesh [1961] INSC 197 (28 April 1961)

Judgement Date : 28 Apr 1961

Citation : 1961 Latest Caselaw 197 SC

Additional Duties of Excise (Goods of Special Importance) Act, 1957
Central Sales Tax Act, 1956
Code of Civil Procedure, 1908 (CPC)
Constitution of India
CrPC Section 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
Government of India Act, 1935
Motor Vehicles Act, 1939

Aniyoth Kunhamina Umma Vs. Ministry of Rehabilitation & Ors [1961] INSC 112 (22 March 1961)
Daryao & Ors Vs. The State of U. P. & Ors [1961] INSC 118 (27 March 1961)
Gullapalli Nageswara Rao Vs. The State of Andhra Pradesh & Ors [1959] INSC 104 (21 August 1959)
Y. Mahaboob Sheriff & Ors Vs. Mysore State Transport Authority & Ors [1959] INSC 130 (6 November 1959)
Union of India Vs. T. R. Varma [1957] INSC 72 (18 September 1957)
The State of Uttar Pradesh Vs. Mohammad Nooh [1957] INSC 80 (30 September 1957)
Bidi Supply Co. Vs. The Union of India & Ors [1956] INSC 23 (20 March 1956)
Pannalal Binjraj Vs. Union of India [1956] INSC 86 (21 December 1956)
Ramjilal Vs. Income-Tax Officer, Mohindargarh [1951] INSC 2 (12 January 1951)
Province of Bombay Vs. Kusaldas S. Advani & Ors [1950] INSC 22 (15 September 1950)

Headnote :

The petitioner was a partner in a company engaged in the manufacture and sale of hand-made bidis. On December 14, 1957, the State Government issued a notification under section 4(1)(b) of the U.P. Sales Tax Act, 1948. Section 4(1) of the U.P. Sales Tax Act, 1948 states: \"No tax shall be payable on...

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The General Manager, Southern Railway Vs. Rangachari [1961] INSC 198 (28 April 1961)

Judgement Date : 28 Apr 1961

Citation : 1961 Latest Caselaw 198 SC

Constitution of India
Government of India Act, 1935

Pandit M. S. M. Sharma Vs. Shri Sri Krishna Sinha & Ors [1958] INSC 132 (12 December 1958)

Headnote :

This appeal was made against a ruling from the Madras High Court, which issued a writ of mandamus at the request of the respondent, preventing the appellants from implementing two circulars from the Railway Board. These circulars reserved selection posts in Class III of the Railway service for membe...

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M/S. George Oakes (P.) Ltd. Vs. State of Madras [1961] INSC 199 (28 April 1961)

Judgement Date : 28 Apr 1961

Citation : 1961 Latest Caselaw 199 SC

Constitution of India
Government of India Act, 1935
Sale of Goods Act, 1930

The Sales Tax Officer, Pilibhit Vs. Messrs. Budh Prakash Jai Prakash [1954] INSC 56 (3 May 1954)

Headnote :

The appellants had certain amounts collected as sales tax included in their turnover by the sales tax authorities. They challenged the constitutional validity of the Madras General Sales (Definition of Turnover and Validation of Assessments) Act, 1954, arguing that the State Legislature exceeded its...

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Jaisri Sahu Vs. Rajdewan Dubey & Ors [1961] INSC 200 (28 April 1961)

Judgement Date : 28 Apr 1961

Citation : 1961 Latest Caselaw 200 SC

Section 83. TPA, Power to deposit in Court money due on mortgage.

Headnote :

P passed away on July 14, 1932, leaving his widow, L, as his heir. On June 21, 1935, L executed a Zerpeshgi in favor of the respondents for a purpose that was acknowledged as binding. Subsequently, on June 17, 1943, she sold a portion of the properties covered by the Zerpeshgi deed to the appellant,...

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Nilkantha Shidramappa Ningashetti Vs. Kashinath Somanna Ningashetti & Ors [1961] INSC 201 (28 April 1961)

Judgement Date : 28 Apr 1961

Citation : 1961 Latest Caselaw 201 SC

Headnote :

In a partition suit, the Arbitrator submitted his award to the court, and the judge postponed the case for the parties to respond to the arbitrator\'s report. However, the court did not provide any written notice to the parties regarding the filing of the award.The appellant filed an objection to th...

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Hota Venkata Surya Sivarama Sastry Vs. State of Andhra Pradesh [1961] INSC 202 (28 April 1961)

Judgement Date : 28 Apr 1961

Citation : 1961 Latest Caselaw 202 SC

Government of India Act, 1935
Scheduled Districts Act, 1874

Headnote :

The areas in question were parts of two estates owned by the appellants, known as Gangole A and Gangole C, located in the Godavari Agency tract, which was governed by the Scheduled Districts Act, 1874. According to section 92 of the Government of India Act, 1935, no Provincial Legislature Act applie...

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