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 acquired appellant's land for a company for setting up a textile machinery parts factory. The entire compensation for the acquisition was to be paid by the company. The Government was satisfied that the product of the company would be useful to the public and the agreement between...

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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 first three appeals the tenants were in default in paying rents for three years and due notices had been served by the landlords terminating the tenancies. The landlords thus acquired statutory rights to eject the tenants and applied to the Mamlatdar, as required by s. 29 of the Bombay Tenanc...

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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 framed and notified under the Motor Vehicles Act a certain route was notified under s. 68D of the Act and the Rajya Transport, Bihar was exclusively allowed to operate on that route. The said notified route formed part of routes on which the appellants were operating, and in respect o...

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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 :

Under a scheme for taking over certain stage carriage services to the complete exclusion of private operators, which was approved and notified by the State of Mysore under the provisions of Ch. IV-A of the Motor Vehicles Act, 1939, it was provided, inter alia: "The State Transport Undertakin...

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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 :

Before the Constitution (Fourth Amendment) Act, 1955, it had been held by this Court in Bhanit Munji's case [1955] 1 S.C.R. 777 and other earlier cases, that both clauses (1) and (2) of the, Art. 31 of the Constitution dealt with a law giving power to 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 enrolled as an advocate in the Chief Court of Sind in May 1947 came to India at the end of the year 1948, and practiced in the Courts at Delhi. The Chief Justice of Punjab High Court prohibited the appellant from practicing as an advocate in the Courts of Delhi. At 962 the ti...

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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 ordered by the High Court of Calcutta to be wound up. The Official Liquidator submitted an application accompanied by a signed statement for an order that the appellant, an ex- director of the company, be examined concerning the affairs of the company under s. 477 Companies Act, 1956,...

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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 an ejectment suit under the Delhi & Ajmer Rent Control Act, 1952, the trial Judge decreed the suit and on appeal under s.34 of the Act the Additional District Judge confirmed 934 the decision. The Act did not provide for a second appeal, and under s. 35 (1) a revision was filed against the Or...

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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, provided that no tax shall be payable on the sale of goods specified in the Schedule to the Act and that no dealer shall charge sales tax on the sale of goods which were "declared tax-free from time to time". Sub-section (2) of s...

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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 :

By s. 70 of the Contract Act, "where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously; and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the t...

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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 impugned on various grounds. ^ Held, (per Gajendragadkar, Wanchoo and Das Gupta, JJ.) that (1) the bill which was originally passed by a Legislative Assembly which as dissolved and was reconsidered and re-passed by a new legislative assembly did not lapse and...

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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 introduced in the Kerala Legislative Assembly on December 21, 1957, and was ultimately passed by it on June 10, 1959. It was then reserved by the Governor of the State for the assent of the President under Art. 200 of the Constitution of India. Meanwhile, on Ju...

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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 of Posts and Telegraphs was suspended from service for irregularities in the matter of allotment of telephones. The charges were firstly, that irregularities were committed by him with a view to secure illegal gratification for himself and others and secondly, that he was a...

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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 referred two questions to the Union Government viz (i) whether. Pondicherry was comprised within the territory of India, and (ii) if not, what was the extent of the jurisdiction exercised by the Union Government and the French Government over the territory. The answers given were t...

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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 permit for plying stage carriage was shortly to expire, applied for its renewal. The renewal application was published in the Gazette calling for objections. The State Government published a notification proposing to nationalise the route. The permit was renewed for three years...

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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 who were carrying on business in tobacco had in their licenced warehouse considerable quantity of tobacco on February 28, 1951. On the same day a Bill was introduced in the House of the People containing the financial proposals of the Government of India for the fiscal year beginning...

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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, 1932, were framed under s. 9 of the Punjab Land Revenue Act, 1887, by the Financial Commissioner. They conferred authority upon the Financial Commissioner to appoint and to remove Tehsildars from service. After the enactment of the Government of India Act, 1935, s. 9 was...

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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 which arose between the parties with respect to carrying out a contract were referred to the arbitration of the Bengal Chamber of Commerce in accordance with an agreement to refer disputes as and when they arose to the arbitration of the Chamber. The award of the Tribunal of Arbitration was...

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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 respondent who held the substantive post of Inspector of Police and had been officiating as the Deputy Superintendent of Police was reverted to his original rank of Inspector without being given any opportunity of being heard in respect of the reversion. His request to furnish him with reasons o...

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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 an application under Art. 226 of the Constitution, to challenge the validity of the transfer of a life insurance company's business to another company under s. 36 of the Insurance Act, 1938:- ^ Held, the transfer though it brought about an abandonment of the business of the company was not ba...

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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 put it into execution. Pending execution, C the mortgagor having failed to pay the rent of the mortgaged and some other tenures they became liable to be sold for the realisation of the arrears of rent under a certific...

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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 affiliated to the Bihar University in 1958. As required by the University Statute XVI this fact was intimated to the University, but the appointment was not approved by the Syndicate as required by Art. 5, of the University Statute, In...

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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 suit which was originally founded by Shri Madhavacharya, a Hindu saint was managed for a long time in rotation by the heads of eight Mutts which were also founded by the said saint for eight of his disciples. Large number of pilgrims from all over the country visited this shrine withou...

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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 was tried for murder. The facts established were that there were quarrels between the appellant and the deceased over the purchase of a cycle and in a play of cards that the appellant had purchased a sword a day earlier and that he had deposited the sword stained with human blood at th...

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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 such. I of the Gwalior War Profits Tax ordinance, Samvat 2001 provided: "Income received from investments shall be included in the profits of a business liable to the war Profits Tax, unless it is proved to satisfaction of the War Profits Tax officer that the investments have n...

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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 on also the appeal raised the common question as to the constitutional validity of s. 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 of Hydrabad...

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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 delivered certain sums of money to the appellant-bank at Lahore for transmission to Calcutta, with instructions to await his directions regarding the opening of accounts for keeping the money in fixed deposit in the Calcutta Branch of the bank which was proposed to be opened in the ne...

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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 appreciation of his long valuable services to the company, paid him a gratuity of Rs. 40,000/-. This amount was claimed as a deduction under s. 10(2) (xv) of the Income- tax Act which was disallowed by the Income-tax Officer, on the...

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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 :

After following the procedure prescribed by the Bombay District Municipal Act, 1901, and after obtaining the requisite sanction of the Government the appellant imposed an octroi tax on milk brought within its limits for consumption, use or sale therein. Shortly afterwards the Government passed an 36...

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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 a brother of N. R. Sarkar filed a complaint under s. 200 Code of Criminal Procedure against Pramathanath and S. M. Basu alleging offences punishable under ss. 467, 471 and 109 of the Indian Penal Code, before the Chief Presidency Magistrate in respect of a document...

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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 were tenure-holders, challenged the constitutional validity of the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958 and in particular ss. 3 and 4 read with s. 6 of that Act, as infringing their fundamental rights guaranteed by Arts. 14, 19 and 31 of the Constitution. Thei...

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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 :

Subsequent to an order made for the winding up of a company, the Company Judge made a direction for action to be taken under provisions of s. 153 of the Indian Companies 403 Act, 1913. At the meeting of the unsecured creditors of the company a resolution was passed by the creditors present, either i...

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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 held for the Cuttack Municipality and 27 persons were declared elected as Councillors. One B, who was defeated at the elections, filed a writ petition before the High Court challenging the elections. The High Court held that the electoral rolls had not been prepared in accordance with...

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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 Aurangazeb made certain grants to one Mukuldas Babajee, founder of the institution Poohari Fakir Sadavarthy, for the purpose of his maintenance and to carry on the distribution of Sadavarthy to Fakirs etc. The sixth head of the institution built a shrine for his private worship. It was a...

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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 doing business of construction as contractor under Public Works Department in Vindhya Pradesh, now Madhya Pradesh. He challenged the levy of Sales Tax on building materials supplied by him for the year 1953-54 to 1958-59. The contention of the Petitioner was that the tax was not...

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