Caselaw | Supreme Court Judgements of august 1961

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Roshan Lal Mehra Vs. Ishwar Das [1961] INSC 232 (2 August 1961)

Judgement Date : 02 Aug 1961

Citation : 1961 Latest Caselaw 232 SC

Constitution of India
Punjab Urban Rent Restriction Act, 1941

Headnote :

The appellants approached the Rent Controller to establish a fair and standard rent for specific shops and other properties, claiming that the landlords were charging excessively high rents. The issues to be resolved were: (1) whether the provisions of the Delhi and Ajmer-Marwara Rent Control Act, 1...

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The State of Bombay Vs. Kathi Kalu Oghad & Ors [1961] INSC 233 (4 August 1961)

Judgement Date : 04 Aug 1961

Citation : 1961 Latest Caselaw 233 SC

Constitution of India
CrPC Section 96. Application to High Court to set aside declaration of forfeiture

Headnote :

Section 73 of the Indian Evidence Act allows the court to obtain sample writings, signatures, and fingerprints from an accused individual for comparison purposes.Sections 5 and 6 of the Identification of Prisoners Act authorize a Magistrate to collect photographs or measurements of an accused person...

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The Management of Marina Hotel Vs. The Woremen [1961] INSC 234 (4 August 1961)

Judgement Date : 04 Aug 1961

Citation : 1961 Latest Caselaw 234 SC

Delhi Shops and Establishments Act, 1954

Headnote :

The Industrial Tribunal\'s award, which addressed the dispute between the appellant, a hotel in New Delhi, and its employees, was contested by the appellant on several grounds. Firstly, the appellant argued that since the workers received a portion of the service charges and tips from customers, the...

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Balaji Vs. Income-Tax Officer, Special Investigation Circle [1961] INSC 235 (4 August 1961)

Judgement Date : 04 Aug 1961

Citation : 1961 Latest Caselaw 235 SC

Constitution of India
Government of India Act, 1935

Headnote :

The petitioner and his spouse established a partnership business and included their three minor sons in it. When calculating the petitioner\'s total income for assessment purposes, the Income-tax Officer incorporated the income shares of the wife and the three minor sons under sections 16(3)(a)(i) a...

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M/S. R. M. D. C. (Mysore) Private Ltd. Vs. The State of Mysore [1961] INSC 236 (8 August 1961)

Judgement Date : 08 Aug 1961

Citation : 1961 Latest Caselaw 236 SC

Constitution of India
Government of India Act, 1935
Prize Competitions Act, 1955

The State of Bombay Vs. R. M. D. Chamarbaugwala [1957] INSC 33 (9 April 1957)

Headnote :

The Mysore Lotteries and Prize Competitions Control and Tax Act, 1951, was enacted by the Mysore Legislature and took effect on February 1, 1952. Several States within the Union of India passed resolutions under Article 252(1) of the Constitution of India, allowing Parliament to legislate on the con...

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M/S. Ramchand Jagadish Chand Vs. Union of India & Ors [1961] INSC 237 (8 August 1961)

Judgement Date : 08 Aug 1961

Citation : 1961 Latest Caselaw 237 SC

Constitution of India

Headnote :

The Government of India introduced a scheme called the \"Export Promotion Scheme,\" which determined the value of import licenses for raw materials in an industry based on the value of specific goods exported by the applicant seeking the import license. Under clause 2 of Appendix 42 of the Import (C...

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Amar Jyoti Stone Crusting Co. Vs. The Union of India & Ors [1961] INSC 238 (8 August 1961)

Judgement Date : 08 Aug 1961

Citation : 1961 Latest Caselaw 238 SC

Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887

Headnote :

The appellant had received a permit from the Collector to quarry stones until June 30, 1957, in accordance with the Delhi Minor Mineral Rules of 1938, established under section 155(1) of the Punjab Land Revenue Act, 1887. After the permit expired, the appellant sought a new permit, which was denied...

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The Corporation of Calcutta Vs. Sm. Padma Debi & Ors [1961] INSC 239 (8 August 1961)

Judgement Date : 08 Aug 1961

Citation : 1961 Latest Caselaw 239 SC

Headnote :

The Calcutta Corporation determined the annual valuation of the respondent\'s property based on a monthly value of Rs. 1,450. The respondent objected to this assessment under section 139 of the Calcutta Municipal Act, 1923. At the same time, the Rent Controller, under the West Bengal Premises Rent C...

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Mst. Subhadra Vs. Narsaji Chenaji Marwadi [1961] INSC 240 (9 August 1961)

Judgement Date : 09 Aug 1961

Citation : 1961 Latest Caselaw 240 SC

Bombay Land Revenue Code, 1879

Headnote :

The owner of a specific piece of land granted a perpetual lease on an annual rent to certain individuals, who then sublet it to the respondent at a higher rent. The respondent subsequently sublet the land to the appellant at an even higher rent. All three lease agreements stated that the lessee coul...

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Paresh Chandra Chatterjee Vs. The State of Assam & ANR [1961] INSC 241 (9 August 1961)

Judgement Date : 09 Aug 1961

Citation : 1961 Latest Caselaw 241 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894
Tea Act, 1953

Headnote :

Certain portions of the petitioner\'s tea estate were requisitioned by the State under the Assam Land (Requisition and Acquisition) Act, 1948. The petitioner contested the constitutionality of the Act, arguing that it was beyond the powers of the State Legislature because it addressed the requisitio...

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R.P. Kapur Vs. Pratap Singh Kairon & Ors [1961] INSC 242 (9 August 1961)

Judgement Date : 09 Aug 1961

Citation : 1961 Latest Caselaw 242 SC

CrPC Section 197. Prosecution of Judges and public servants
CrPC Section 466. Defect or error not to make attachment unlawful
Public Servants (Inquiries) Act, 1850

Sardar Kapur Singh Vs. The Union of India [1959] INSC 155 (15 December 1959)

Headnote :

The appellant entered the Indian Civil Service in 1938 and, after holding various positions, worked under the Punjab Government starting in 1948. On May 26, 1961, the Punjab Government initiated an inquiry against him under Section 2 of the Public Servant (Inquiries) Act, 1850. He challenged the val...

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The Commissioner of Income-Tax, Madras Vs. S. A. S. Marimuthu Nadar [1961] INSC 243 (10 August 1961)

Judgement Date : 10 Aug 1961

Citation : 1961 Latest Caselaw 243 SC

Headnote :

The respondent established a partnership firm with his two adult sons, while his two underage sons were included in the partnership benefits according to their shares. During the relevant assessment years, the income of the minors was added to the respondent\'s total income under section 16(3)(a)(ii...

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Chandrakant Krishnarao Pradhan & ANR Vs. The Collector of Customs, Bombay & Ors [1961] INSC 244 (11 August 1961)

Judgement Date : 11 Aug 1961

Citation : 1961 Latest Caselaw 244 SC

Constitution of India

Headnote :

The petitioners were employed as agents (Dalals) at New Customs 109 House in Bombay, operating under licenses issued pursuant to section 202 of the Sea Customs Act of 1878. In 1955, an amendment replaced section 202 with a new provision, which stated in subsection (1) that \"no individual shall act...

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Commissioner of Income-Tax, Keralaand Coimbatore Vs. Puthiya Ponmanichintakam [1961] INSC 245 (14 August 1961)

Judgement Date : 14 Aug 1961

Citation : 1961 Latest Caselaw 245 SC

Mussalman Wakf Validating Act, 1913

Headnote :

The appeal centered on whether the wakf in question should be taxed under section 41(1) of the Indian Income-tax Act, 1922, either through the manager as an individual or as an association of persons at the maximum rate specified in the first proviso to that section, due to the indeterminate and unk...

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The Senior Electric Inspector& Ors Vs. Laxmi Narayan Chopra & Ors [1961] INSC 246 (16 August 1961)

Judgement Date : 16 Aug 1961

Citation : 1961 Latest Caselaw 246 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Indian Electricity Act, 1910
Indian Electricity Act, 1910
Indian Telegraph Act, 1885

Headnote :

Severe electrical interference was detected at a Post and Telegraphs Wireless Station, which was traced back to the factory of respondent No. 1, where several motors were in operation for electric drills. The Senior Electric Inspector issued a notice to the first respondent, requiring them to explai...

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The Dooars Tea Co., Ltd. Vs. Commissioner of Agricultural,Income-Tax, West Bengal [1961] INSC 247 (18 August 1961)

Judgement Date : 18 Aug 1961

Citation : 1961 Latest Caselaw 247 SC

Headnote :

The appellant, engaged in the business of cultivating, producing, and selling tea, owned a substantial piece of land where bamboos, thatching grass, and fuel timber were grown through agricultural activities conducted by its employees and laborers. These products were utilized for its tea business a...

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Shri Ambalal M. Shah & ANR Vs. Hathisingh Manufacturing Co., Ltd. [1961] INSC 248 (21 August 1961)

Judgement Date : 21 Aug 1961

Citation : 1961 Latest Caselaw 248 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Central Government, believing that there had been a significant decline in the production of cotton textiles by the respondent company, an industrial entity, deemed this decline unjustifiable given the prevailing economic conditions. Consequently, they issued an order under section 15 of the Ind...

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Mahant Sankarshan Ramanuja Das Goswami, Vs. The State of Orissa & ANR [1961] INSC 249 (22 August 1961)

Judgement Date : 22 Aug 1961

Citation : 1961 Latest Caselaw 249 SC

Orissa Estates Abolition Act, 1951

Headnote :

The appellants were the owners of pre-settlement minor inams.These grants did not encompass entire villages but were specific to certain lands, including both melwaram and kudiwaram rights. Initially, the definition of \'estate\' in the Orissa Estates Abolition Act, 1951 excluded minor inams. Howeve...

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State of Uttar Pradesh Vs. Kunwar Sri Trivikram Narain Singh [1961] INSC 250 (22 August 1961)

Judgement Date : 22 Aug 1961

Citation : 1961 Latest Caselaw 250 SC

Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.
Transfer of Property Act, 1882
U.P. Land Revenue Act, 1901

Headnote :

By order of the then Government, the rights of S, an ancestor of the respondent, to the entire parganas of \"Syudpore Bhettree\" were revoked. S contested the Government\'s authority to reclaim his interest in the jagir in a civil court. While the dispute was ongoing, settlement proceedings began, a...

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Rani Purnima Devi & ANR Vs. Kumar Khagendra Narayan Dev & ANR [1961] INSC 251 (22 August 1961)

Judgement Date : 22 Aug 1961

Citation : 1961 Latest Caselaw 251 SC

Indian Succession Act, 1925

Headnote :

K submitted a request for letters of administration with the attached will. This will bequeathed all the property to K, a distant relative of the deceased, on the condition that K would support the widow and sister of the deceased. Other relatives, including the deceased\'s daughter, were entirely e...

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Krishan Chander Nayar Vs. The Chairman, Central Tractor Organisation & Ors [1961] INSC 252 (23 August 1961)

Judgement Date : 23 Aug 1961

Citation : 1961 Latest Caselaw 252 SC

Constitution of India

Headnote :

Imposing a ban on an individual\'s entry into Government service without justification constitutes a violation of their right to equal opportunity as guaranteed by Article 16(1) of the Constitution.This Article not only ensures the right to apply for State employment but also mandates that applicati...

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Dhaneshwar Narain Saxena Vs. The Delhi Administration [1961] INSC 253 (24 August 1961)

Judgement Date : 24 Aug 1961

Citation : 1961 Latest Caselaw 253 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The appellant, who served as an Upper Division Clerk in the Chief Commissioner of Delhi\'s office, was found guilty of an offense under section 5(1)(d) of the Prevention of Corruption Act, 1947, which is punishable under section 5(2) of the same Act. The prosecution\'s case stated that R, eager to o...

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All India Bank Employees' Association Vs. National Industrial Tribunal & Ors [1961] INSC 254 (28 August 1961)

Judgement Date : 28 Aug 1961

Citation : 1961 Latest Caselaw 254 SC

Constitution of India

Headnote :

Section 34-A of the Banking Companies Act, 1949, which was introduced in 1960, stipulates that no banking company is required to produce or allow inspection of its accounting books or any other documents, nor to provide or disclose any information that the company deems confidential. This includes i...

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The Union of India Vs. Ram Kanwar & Ors [1961] INSC 255 (29 August 1961)

Judgement Date : 29 Aug 1961

Citation : 1961 Latest Caselaw 255 SC

Code of Civil Procedure, 1908 (CPC)

The State of Bombay Vs. Ali Gulshan [1955] INSC 49 (4 October 1955)

Headnote :

A building owned by the respondents was requisitioned by the Government of India under rule 75-A (1) of the Defence of India Rules, initially for the accommodation of a specific officer from the Indian National Airways, and subsequently for officers of the Central Government. Once the building was v...

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Devata Prasad Singh Chaudhuri & Ors Vs. The Hon'ble The Chief Justice and Judges of The Patna High Court [1961] INSC 256 (29 August 1961)

Judgement Date : 29 Aug 1961

Citation : 1961 Latest Caselaw 256 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Legal Practitioners Act, 1879

Headnote :

Section 9 of the Legal Practitioners Act, 1879 grants a duly enrolled Mukhtar the right to \"practice\" in any Civil Court. Additionally, section 11 empowers the High Court to establish rules that define the \"functions, powers, and duties\" of Mukhtars operating in subordinate Courts. According to...

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The State of Punjab Vs. Barkat Ram [1961] INSC 257 (30 August 1961)

Judgement Date : 30 Aug 1961

Citation : 1961 Latest Caselaw 257 SC

Indian Evidence Act, 1872
Indian Penal Code, 1860 (IPC)
Police Act, 1861
Police Act, 1861

Headnote :

Upon receiving information that gold was being smuggled from Pakistan to India by the train\'s engine crew arriving from Lahore, the Land Customs staff conducted a search of the engine upon its arrival in Amritsar. They discovered a quantity of gold concealed beneath the coal in the engine\'s tender...

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Payare Lal Vs. State of Punjab [1961] INSC 258 (30 August 1961)

Judgement Date : 30 Aug 1961

Citation : 1961 Latest Caselaw 258 SC

CrPC Section 259. Power of court to convert summons-cases into warrant cases
CrPC Section 330. Release of lunatic pending investigation or trial
CrPC Section 350. Summary procedure for punishment for non-attendance by a witness in obedience to summons

Headnote :

The appellant and another individual were charged with offenses under section 5(2) of the Prevention of Corruption Act, 1947.The trial began before a special judge who heard the evidence, but before he could issue a judgment, he was reassigned, and another special judge took over. The new judge did...

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Scindia Steam Navigation Co. Ltd. Vs. Union of India [1961] INSC 259 (31 August 1961)

Judgement Date : 31 Aug 1961

Citation : 1961 Latest Caselaw 259 SC

Union of India Vs. Chaman Lal Loona [1957] INSC 41 (30 April 1957)

Headnote :

The appellant, a navigation company, sought to recover Rs. 44,449 as freight from the Union of India for transporting teak logs from the forests of Kanara to Karachi for the North Western Railway, based on a contract with the Conservator of Forests, North Kanara, who represented the North Western Ra...

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The Andhra Bank Ltd. Vs. R. Srinivasan & Ors [1961] INSC 260 (31 August 1961)

Judgement Date : 31 Aug 1961

Citation : 1961 Latest Caselaw 260 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

While two related lawsuits for monetary recovery were pending in the Hyderabad Court, one of the respondents passed away. His sons, daughters, and granddaughters were subsequently added to the lawsuits as his legal representatives, as they held various pieces of his property under a settlement deed...

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Karanpura Development Co., Ltd. Vs. The Commissioner of Income-Tax, West Bengal [1961] INSC 261 (31 August 1961)

Judgement Date : 31 Aug 1961

Citation : 1961 Latest Caselaw 261 SC

Headnote :

The company in question was established in 1920 with the primary objectives of acquiring underground coal-mining rights and engaging in coal extraction activities.The memorandum of association granted the company the authority to manage, develop, or otherwise handle its properties and rights. Over t...

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