Caselaw | Supreme Court Judgements of december 1961

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R. L. Arora Vs. State of U. P [1961] INSC 335 (1 December 1961)

Judgement Date : 01 Oct 1961

Citation : 1961 Latest Caselaw 335 SC

Code of Civil Procedure, 1908 (CPC)
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Societies Registration Act, 1860

Headnote :

The Government took possession of the appellant\'s land to facilitate the establishment of a textile machinery parts factory by a company. The company was responsible for paying the full compensation for this acquisition. The Government believed that the company\'s products would benefit the public,...

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Raja Ram Mahadev Paranjype & Ors Vs. Aba Maruti Mali & Ors [1961] INSC 336 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 336 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Section 114. TPA, Relief against forfeiture for non-payment of rent.
Section 5. TPA, “Transfer of property” defined.

Headnote :

In the initial three appeals, the tenants had failed to pay rent for three years, and the landlords had issued proper notices terminating the tenancies. Consequently, the landlords obtained statutory rights to evict the tenants and sought possession of the lands from the Mamlatdar, as mandated by se...

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Nilkanth Prasad & Ors Vs. State of Bihar [1961] INSC 337 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 337 SC

Headnote :

Under a scheme established and announced pursuant to the Motor Vehicles Act, a specific route was designated under section 68D of the Act, granting exclusive operating rights to Rajya Transport, Bihar on that route. This designated route was part of the larger routes on which the appellants were ope...

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C. P. C. Motor Service, Mysore Vs. The State of Mysore & ANR [1961] INSC 338 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 338 SC

Motor Vehicles Act, 1939

Headnote :

According to a plan for the takeover of specific stage carriage services, which was approved and announced by the State of Mysore under the provisions of Chapter IV-A of the Motor Vehicles Act, 1939, it was stipulated that: \"The State Transport Undertaking will operate services to the complete excl...

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Smt. Sitabati Debi &.ANR. Vs. State of West Bengal & ANR [1961] INSC 339 (1 December 1961)

Judgement Date : 01 Dec 1961

Citation : 1961 Latest Caselaw 339 SC

Constitution of India

Headnote :

Prior to the Constitution (Fourth Amendment) Act of 1955, this Court had established in the case of Bhanit Munji [1955] 1 S.C.R. 777, along with other earlier rulings, that both clauses (1) and (2) of Article 31 of the Constitution pertained to laws empowering the State to acquire or requisition pro...

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Jetha Nand Vs. The Hon'ble Judges of The Punjab High Court [1961] INSC 340 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 340 SC

General Clauses Act, 1897

Headnote :

The appellant, J, who was registered as an advocate in the Chief Court of Sind in May 1947, moved to India at the end of 1948 and began practicing in the courts of Delhi. However, the Chief Justice of the Punjab High Court barred the appellant from practicing as an advocate in Delhi\'s courts. At th...

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Satish Churan Law Vs. H. K. Ganguly [1961] INSC 341 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 341 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A company was directed by the High Court of Calcutta to undergo liquidation. The Official Liquidator filed a request, along with a signed statement, seeking an order for the examination of the appellant, a former director of the company, regarding the company\'s affairs under section 477 of the Comp...

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Hari Shankar Vs. Rao Girdhari Lal Chowdhury [1961] INSC 342 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 342 SC

Code of Civil Procedure, 1908 (CPC)
Delhi and Ajmer Rent Control Act, 1952

Headnote :

In a case of ejectment under the Delhi & Ajmer Rent Control Act of 1952, the trial judge ruled in favor of the plaintiff, and this decision was upheld by the Additional District Judge on appeal under section 34 of the Act. Since the Act does not allow for a second appeal, a revision was filed agains...

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M/S. Mathra Prashad and Sons. Vs. State of Punjab [1961] INSC 343 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 343 SC

Punjab General Sales Tax Act, 1948
Punjab General Sales Tax Act, 1948

Headnote :

Section 6(1) of the East Punjab General Sales Tax Act, 1948, stated that no tax would be due on the sale of goods listed in the Act\'s Schedule, and that dealers were prohibited from charging sales tax on goods that were \"declared tax-free from time to time.\" Sub-section (2) of section 6 authorize...

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State of West Bengal Vs. M/S. B. K. Mondal and Sons [1961] INSC 344 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 344 SC

Government of India Act, 1935
Indian Contract Act, 1872
Section 65. Obligation of person who has received advantage under void agreement, or contract that becomes void
Section 70. Obligation of person enjoying benefit of non-gratuitous act

Headnote :

According to Section 70 of the Contract Act, \"if a person lawfully performs an act for another or delivers something to them, without intending to do so for free, and the other person benefits from it, they are obligated to compensate the first person for what was done or delivered.\" Furthermore,...

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Karimbil Kunhikoman Vs. State of Kerala [1961] INSC 345 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 345 SC

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

Headnote :

The Kerala Agrarian Relations Act was challenged on multiple grounds.^ It was determined (per Gajendragadkar, Wanchoo, and Das Gupta, JJ.) that (1) the bill, initially passed by a Legislative Assembly that was subsequently dissolved, did not lapse when it was reconsidered and re-passed by a new asse...

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Purushothaman Nambudiri Vs. The State of Kerala [1961] INSC 346 (5 December 1961)

Judgement Date : 05 Dec 1961

Citation : 1961 Latest Caselaw 346 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Constitution of India
Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887

Headnote :

The Kerala Agrarian Relations Bill was presented in the Kerala Legislative Assembly on December 21, 1957, and was eventually approved on June 10, 1959. The Governor of Kerala then reserved the Bill for the President\'s assent as per Article 200 of the Indian Constitution. However, on July 31, 1959,...

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A. N. D'silva Vs. Union of India [1961] INSC 347 (6 December 1961)

Judgement Date : 06 Dec 1961

Citation : 1961 Latest Caselaw 347 SC

Constitution of India

Headnote :

D, a Divisional Engineer in the Posts and Telegraphs department, was suspended due to irregularities in telephone allotments. The allegations against him included committing irregularities to obtain illegal benefits for himself and others, and facilitating his subordinates in accepting such illegal...

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N. Masthan Sahib Vs. Chief Commissioner, Pondicherry [1961] INSC 348 (8 December 1961)

Judgement Date : 08 Dec 1961

Citation : 1961 Latest Caselaw 348 SC

Constitution of India
Foreign Jurisdiction Act, 1947
Government of India Act, 1935
Motor Vehicles Act, 1939

Headnote :

The Supreme Court posed two inquiries to the Union Government: (i) whether Pondicherry was included within the territory of India, and (ii) if it was not, what the extent of jurisdiction was for both the Union Government and the French Government over the territory. The responses indicated that (i)...

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Kalyan Singh Vs. State of U. P [1961] INSC 349 (11 December 1961)

Judgement Date : 11 Dec 1961

Citation : 1961 Latest Caselaw 349 SC

Motor Vehicles Act, 1939

Headnote :

The appellant, whose stage carriage permit was about to expire, submitted a renewal application. This application was published in the Gazette, inviting objections. Subsequently, the State Government issued a notification proposing the nationalization of the route. The permit was renewed for three y...

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Chhotabhai Jethabhai Patel and Co. Vs. The Union of India & ANR [1961] INSC 350 (11 December 1961)

Judgement Date : 11 Dec 1961

Citation : 1961 Latest Caselaw 350 SC

Central Excises and Salt Act, 1944
Constitution of India

Ramjilal Vs. Income-Tax Officer, Mohindargarh [1951] INSC 2 (12 January 1951)

Headnote :

The appellants, engaged in the tobacco business, had a significant stock of tobacco in their licensed warehouse on February 28, 1951. On that same day, a Bill was introduced in the House of the People outlining the Government of India\'s financial proposals for the fiscal year starting April 1, 1951...

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Gian Singh Vs. The State of Punjab [1961] INSC 351 (11 December 1961)

Judgement Date : 11 Dec 1961

Citation : 1961 Latest Caselaw 351 SC

Constitution of India
Government of India Act, 1935
Punjab Land Revenue Act, 1887
Punjab Land Revenue Act, 1887

Headnote :

The Punjab Tehsildari Rules of 1932 were established under section 9 of the Punjab Land Revenue Act, 1887 by the Financial Commissioner, granting him the power to appoint and dismiss Tehsildars. Following the implementation of the Government of India Act, 1935, section 9 was modified by the Adaptati...

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Juggilal Kamlapat Vs. General Fibre Dealers Ltd. [1961] INSC 352 (12 December 1961)

Judgement Date : 12 Dec 1961

Citation : 1961 Latest Caselaw 352 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Disputes that arose between the parties regarding the execution of a contract were submitted to arbitration by the Bengal Chamber of Commerce, as per an agreement to refer disputes to arbitration whenever they occurred. The High Court annulled the award made by the Tribunal of Arbitration. Following...

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The State of Bombay Vs. F.A. Abraham [1961] INSC 353 (12 December 1961)

Judgement Date : 12 Dec 1961

Citation : 1961 Latest Caselaw 353 SC

Constitution of India
Government of India Act, 1935

Headnote :

The individual who was serving as Inspector of Police and had been acting as Deputy Superintendent of Police was returned to his original position of Inspector without being given a chance to present his case regarding the reversion. His request for an explanation for this decision was denied. Subse...

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Shyamapada Chakrabertty & Ors Vs. The Controller of Insurance, Government of India [1961] INSC 354 (13 December 1961)

Judgement Date : 13 Dec 1961

Citation : 1961 Latest Caselaw 354 SC

Insurance Act, 1938

Headnote :

In a petition filed under Article 226 of the Constitution to contest the legitimacy of a life insurance company\'s business transfer to another company as per Section 36 of the Insurance Act, 1938, it was determined that although the transfer resulted in the cessation of the company\'s business, it...

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Raja Sailendra Narayan Bhanj Deo Vs. Kumar Jagat Kishore Prasad Narayan Singh [1961] INSC 355 (13 December 1961)

Judgement Date : 13 Dec 1961

Citation : 1961 Latest Caselaw 355 SC

Bihar Land Reforms Act, 1950

Headnote :

K, the mortgagee of certain Mokarrari tenures, obtained a decree on his mortgage and initiated execution. While the execution was pending, C, the mortgagor, failed to pay the rent for the mortgaged tenures and others, making them subject to sale for the recovery of the rent arrears under a certifica...

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Dr. Rai Shivendra Bahadu Vs. The Governing Body of The Nalanda College [1961] INSC 356 (15 December 1961)

Judgement Date : 15 Dec 1961

Citation : 1961 Latest Caselaw 356 SC

Constitution of India

Headnote :

The appellant was appointed as the Principal of Nalanda College, which is affiliated with Bihar University, in 1958. As mandated by University Statute XVI, this appointment was communicated to the University; however, it was not approved by the Syndicate as required by Article 5 of the University St...

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His Holiness Sri Vishwothama Thirtha Swamiar of Sode Mutt Vs. The State of Mysore [1961] INSC 357 (18 December 1961)

Judgement Date : 18 Dec 1961

Citation : 1961 Latest Caselaw 357 SC

Headnote :

The shrine in question, originally established by Shri Madhavacharya, a revered Hindu saint, was overseen for an extended period by the leaders of eight Mutts, which were also founded by the saint for his eight disciples. A significant number of pilgrims from across the nation visited this shrine fr...

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Ram Singh Vs. State of Uttar Pradesh [1961] INSC 358 (19 December 1961)

Judgement Date : 19 Dec 1961

Citation : 1961 Latest Caselaw 358 SC

Headnote :

The appellant faced trial for murder. The established facts indicated that there had been disputes between the appellant and the deceased concerning the purchase of a bicycle, and during a card game, it was revealed that the appellant had bought a sword the day before the incident. Furthermore, he h...

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The War Profits Tax Commissioner Vs. M/S. Binodiram Balch [1961] INSC 359 (20 December 1961)

Judgement Date : 20 Dec 1961

Citation : 1961 Latest Caselaw 359 SC

Headnote :

Rule 3 (1) of the Gwalior War Profits Tax Ordinance, Samvat 2001 states:\"Income derived from investments shall be considered part of the profits of a business subject to the War Profits Tax, unless it is satisfactorily demonstrated to the War Profits Tax officer that the investments are entirely un...

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Sikander Jehan Begum & ANR Vs. Andhra Pradesh State Government [1961] INSC 360 (20 December 1961)

Judgement Date : 20 Dec 1961

Citation : 1961 Latest Caselaw 360 SC

Constitution of India

Headnote :

This writ petition, along with the appeal, raised a common issue regarding the constitutional validity of section 13(2) of the Hyderabad Atiyat Enquiries Act, 1952. The petitioners, who were also the appellants, claimed succession to the properties, including Atiyat jagirs, of their brother, a Nawab...

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New Bank of India Ltd. Vs. Pearey Lal [1961] INSC 361 (20 December 1961)

Judgement Date : 20 Dec 1961

Citation : 1961 Latest Caselaw 361 SC

Headnote :

The respondent transferred specific amounts of money to the appellant bank in Lahore for forwarding to Calcutta, with the understanding that he would provide further instructions regarding the establishment of accounts for fixed deposits at the bank\'s upcoming Calcutta branch. However, the responde...

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Gordon Woodroffee Leather Manufacturing Co. Vs. The Commissioner of Income-Tax, Madras [1961] INSC 362 (20 December 1961)

Judgement Date : 20 Dec 1961

Citation : 1961 Latest Caselaw 362 SC

Headnote :

The company accepted the resignation of one of its directors and, in recognition of his long and valuable service, paid him a gratuity of â‚¹40,000. This amount was claimed as a deduction under Section 10(2)(xv) of the Income-tax Act. However, the Income-tax Officer disallowed the claim, stating tha...

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The Municipality of Anand Vs. State of Bombay [1961] INSC 363 (21 December 1961)

Judgement Date : 21 Dec 1961

Citation : 1961 Latest Caselaw 363 SC

Constitution of India

Headnote :

Following the procedures outlined in the Bombay District Municipal Act of 1901 and securing the necessary approval from the Government, the appellant implemented an octroi tax on milk brought into its jurisdiction for consumption, use, or sale. Shortly thereafter, the Government issued an order stat...

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Pramatha Nath Taluqdar Vs. Saroj Ranjan Sarkar [1961] INSC 364 (21 December 1961)

Judgement Date : 21 Dec 1961

Citation : 1961 Latest Caselaw 364 SC

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
CrPC Section 200. Examination of complainant
CrPC Section 202. Postponement of issue of process
CrPC Section 203. Dismissal of complaint
CrPC Section 204. Issue of processed
CrPC Section 229. Conviction on plea of guilty
CrPC Section 329. Procedure in case of person of unsound mind tried before court
CrPC Section 403. Option of court to hear parties
CrPC Section 429. Saving
Indian Penal Code, 1860 (IPC)
IPC Section 107. Abetment of a thing
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 120B. Punishment of criminal conspiracy
IPC Section 211. False charge of offence made with intent to injure
IPC Section 297. Trespassing on burial places, etc.
IPC Section 402. Assembling for purpose of committing dacoity
IPC Section 467. Forgery of valuable security, will, etc.
IPC Section 471. Using as genuine a forged document or electronic record
IPC Section 500. Punishment for defamation

Headnote :

On March 17, 1954, Promode Ranjan, the brother of N. R. Sarkar, lodged a complaint under Section 200 of the Code of Criminal Procedure against Pramathanath and S. M. Basu, accusing them of offenses under Sections 467, 471, and 109 of the Indian Penal Code. This complaint was presented to the Chief P...

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Maharana Shri Jayvantsinghji Ranmalsinghji Vs. The State of Gujarat [1961] INSC 365 (22 December 1961)

Judgement Date : 22 Dec 1961

Citation : 1961 Latest Caselaw 365 SC

Bombay Land Revenue Code, 1879
Bombay land Tenure Abolition laws (Amendment) Act, 1958
Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
Constitution of India

Headnote :

The petitioners, who held tenure, contested the constitutional validity of the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958, specifically sections 3 and 4 in conjunction with section 6, claiming they violated their fundamental rights under Articles 14, 19, and 31 of the Constitution. In s...

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Arjun Prasad Vs. Shantilal Shankarlal Shah & Ors [1961] INSC 366 (22 December 1961)

Judgement Date : 22 Dec 1961

Citation : 1961 Latest Caselaw 366 SC

General Clauses Act, 1897

Headnote :

Following an order for the winding up of a company, the Company Judge directed actions to be taken under section 153 of the Indian Companies Act, 1913. During a meeting of the company\'s unsecured creditors, a resolution was passed by a majority of those present, either in person or by proxy, with t...

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State of Orrissa Vs. Bhupendra Kumar Bose [1961] INSC 367 (22 December 1961)

Judgement Date : 22 Dec 1961

Citation : 1961 Latest Caselaw 367 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
Orissa Municipal Act, 1950
Orissa Municipal Act, 1950

Headnote :

Elections were conducted for the Cuttack Municipality, resulting in the election of 27 Councillors. A candidate, referred to as B, who lost in the elections, submitted a writ petition to the High Court contesting the election results. The High Court determined that the electoral rolls were not creat...

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The Poohari Fakir Sadavarthy of Bondilipuram Vs. The Commissioner, Hindu Religious and Charitable Endowments [1961] INSC 368 (22 December 1961)

Judgement Date : 22 Dec 1961

Citation : 1961 Latest Caselaw 368 SC

Headnote :

The Emperor Aurangzeb granted certain privileges to Mukuldas Babajee, the founder of the Poohari Fakir Sadavarthy institution, to support his maintenance and facilitate the distribution of Sadavarthy to Fakirs and others. The sixth leader of this institution constructed a shrine for his personal wor...

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Bhaiyalal Shukla Vs. State of Madhya Pradesh [1961] INSC 369 (31 December 1961)

Judgement Date : 31 Dec 1961

Citation : 1961 Latest Caselaw 369 SC

Constitution of India
Government of India Act, 1935
Gwalior
Miscellaneous Laws

Headnote :

The appellant was engaged in construction work as a contractor for the Public Works Department in Vindhya Pradesh, which is now known as Madhya Pradesh.He contested the imposition of Sales Tax on the building materials he supplied during the years 1953-54 to 1958-59. The appellant argued that the ta...

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