Caselaw | Supreme Court Judgements of february 1961

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The Burmah-Shell Refineries Limited Vs. Their Workmen [1961] INSC 29 (1 February 1961)

Judgement Date : 01 Feb 1961

Citation : 1961 Latest Caselaw 29 SC

Baroda Borough Municipality Vs. Its Workmen [1956] INSC 70 (13 November 1956)

Headnote :

The payment of bonuses is determined by the overall contribution of workers to the company\'s profits. It is established that this contribution should be assessed as a whole, and it is not pertinent to investigate how much each specific group of workers contributed to the profits.In the cases of Bur...

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V. R. Sejbramanyam Vs. B. Thayappa & Ors [1961] INSC 30 (1 February 1961)

Judgement Date : 01 Feb 1961

Citation : 1961 Latest Caselaw 30 SC

Headnote :

The appellant entered into a contract with the respondent, a building contractor, to construct a house and shops. Although the respondent began the work, disputes arose before its completion. The appellant sought compensation for repairs needed to fix the respondent\'s defective work, while the resp...

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Satinder Singh & Ors Vs. Amrao Singh & Ors [1961] INSC 31 (2 February 1961)

Judgement Date : 02 Feb 1961

Citation : 1961 Latest Caselaw 31 SC

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

Headnote :

Lands from four villages that are part of the Cis-Sutlej jagir were acquired compulsorily under the East Punjab Acquisition and Requisition of Immovable Property (Temporary Powers) Act, 1948. At the time of acquisition, A was the jagir holder. Possession of one village had been granted to A\'s wife,...

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The State of Bombay Vs. Fakir Umar Dhanse [1961] INSC 32 (3 February 1961)

Judgement Date : 03 Feb 1961

Citation : 1961 Latest Caselaw 32 SC

Headnote :

The individual who occupied unalienated land constructed multiple buildings without first obtaining permission from the Collector, which made him subject to eviction. The Collector issued an eviction notice to the individual under section 66 of the Bombay Land Revenue Code, instructing him to remove...

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The Commissioner of Income-Tax, Bombay Vs. Dharamdas Hargovindas [1961] INSC 33 (3 February 1961)

Judgement Date : 03 Feb 1961

Citation : 1961 Latest Caselaw 33 SC

Headnote :

The taxpayer, a resident of British India, had funds deposited with a company in Bhavnagar, which is located outside British India.On April 7, 1947, he transferred a portion of these funds to a company in Bombay. He was subsequently assessed for tax on this amount under section 4(i)(b)(iii) of the I...

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Ranchhoddas Atmaram Vs. The Union of India [1961] INSC 34 (3 February 1961)

Judgement Date : 03 Feb 1961

Citation : 1961 Latest Caselaw 34 SC

Headnote :

Item 8 of the schedule to section 167 of the Sea Customs Act, 1878, states that anyone involved in the import or export of prohibited goods is subject to a penalty \"not exceeding three times the value of the goods, or not exceeding one thousand rupees.\" In this case, the petitioner was found to ha...

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Bangalore Woollen, Cotton And Silk Mills Co. Ltd. Vs. The Corporation of The City of Bangalore [1961] INSC 35 (3 February 1961)

Judgement Date : 03 Feb 1961

Citation : 1961 Latest Caselaw 35 SC

Headnote :

The Municipal Corporation of Bangalore decided to impose an octroi on cotton and wool, and this decision was published in the Official Gazette as mandated by section 98(1) of the City of Bangalore Municipal Corporation Act. The Corporation invited objections, and the appellants submitted their conce...

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Hazrat Syed Shah Mastershid Ali Al Quadari Vs. The Commissioner of Wakfs, West Bengal [1961] INSC 36 (6 February 1961)

Judgement Date : 06 Feb 1961

Citation : 1961 Latest Caselaw 36 SC

Bengal Wakf Act, 1934
Delegation of Powers
Delegation of Powers

Headnote :

In a dispute between two brothers, each claiming to be the appointed Mutawalli, the Commissioner of Wakfs designated a third brother as a temporary Mutawalli under section 40 of the Bengal Wakf Act. This appointment was contested on the basis that the Commissioner\'s order was illegal, as the rules...

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M/S. Jethanand And Sons Vs. The State of Uttar Pradesh [1961] INSC 37 (6 February 1961)

Judgement Date : 06 Feb 1961

Citation : 1961 Latest Caselaw 37 SC

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

Headnote :

According to an agreement between the parties, a dispute regarding the supply of stone ballast was submitted for adjudication to an arbitrator appointed under that agreement. The appellants challenged the arbitrator\'s awards, but the trial court determined that the dispute was appropriately referre...

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Mahanth Ram Das Vs. Ganga Das [1961] INSC 38 (7 February 1961)

Judgement Date : 07 Feb 1961

Citation : 1961 Latest Caselaw 38 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The High Court issued a peremptory order stating that the appeal would be dismissed if a specified court fee was not paid within the allotted time. The appellant, unable to secure the necessary funds, submitted a request for an extension of time before the deadline, proposing a partial payment and a...

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Mallesappa Bandeppa Desai & Ors Vs. Desai Mallappa & Ors [1961] INSC 39 (9 February 1961)

Judgement Date : 09 Feb 1961

Citation : 1961 Latest Caselaw 39 SC

Headnote :

The principle of blending in Hindu Law, as developed through judicial rulings, does not apply to property owned by a Hindu female as a limited owner. This principle assumes that a coparcener intentionally contributes his separately acquired property to the joint family assets, thereby integrating it...

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Kaushalya Devi & Ors Vs. Baijnath Sayal & Ors [1961] INSC 40 (9 February 1961)

Judgement Date : 09 Feb 1961

Citation : 1961 Latest Caselaw 40 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Order 32, rule 7(2) of the Code of Civil Procedure is designed to safeguard the interests of minors. It stipulates that any agreement or compromise made on behalf of a minor that violates Order 32, rule 7(1) is voidable solely at the minor\'s request, and not at the request of any other party involv...

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The Amalgamated Coalfields Ltd. & ANR Vs. The Janapada Sabha, Chhindwara [1961] INSC 41 (10 February 1961)

Judgement Date : 10 Feb 1961

Citation : 1961 Latest Caselaw 41 SC

Constitution of India
Government of India Act, 1935

Headnote :

The first appellant in the initial set of appeals submitted a writ petition to this Court contesting the notices demanding payment of a tax of 9 pies per ton on coal, including coal dispatched outside Madhya Pradesh. He argued on two grounds: first, that the tax imposed by the Independent Mining Boa...

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M/S. Burrakur Coal Co., Ltd. Vs. The Union of India & Ors [1961] INSC 42 (10 February 1961)

Judgement Date : 10 Feb 1961

Citation : 1961 Latest Caselaw 42 SC

Coal Bearing Areas (Acquisition and Development) Act, 1957
Constitution of India
Delhi Laws Act, 1912
Mines Act, 1952

Headnote :

The Coal Bearing Areas (Acquisition and Development) Act of 1957 was established, as stated in its preamble, to facilitate the State\'s acquisition of unworked land that contains or is expected to contain coal deposits. According to Section 4(1) of the Act, the Central Government was authorized to i...

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Banwarilal Agarwalla Vs. The State of Bihar & Ors [1961] INSC 43 (10 February 1961)

Judgement Date : 10 Feb 1961

Citation : 1961 Latest Caselaw 43 SC

Constitution of India
Mines Act, 1952

Headnote :

Section 76 of the Mines Act, 1952 states that if the owner of a mine is a private company, any shareholder of that company may be prosecuted and penalized under this Act for any offense for which the mine owner is liable. The appellant, a shareholder and director of a private company that owned a co...

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The Chief Inspector of Mines & ANR Vs. Lala Karam Chand Thapar [1961] INSC 44 (10 February 1961)

Judgement Date : 10 Feb 1961

Citation : 1961 Latest Caselaw 44 SC

Constitution of India
General Clauses Act, 1897
Mines Act, 1952

Headnote :

The directors of a company that owned a colliery, along with the directors of the company\'s managing agents, and the colliery\'s manager and agent, faced prosecution for offenses under sections 73 and 74 of the Mines Act, 1932, due to violations of several regulations from the Indian Coal Mines Reg...

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The Amalgamated Coalfields Ltd. & Ors Vs. The Janapada Sabha, Chhindwara [1961] INSC 45 (10 February 1961)

Judgement Date : 10 Feb 1961

Citation : 1961 Latest Caselaw 45 SC

Constitution of India
Government of India Act, 1935

Headnote :

Section 51 of the Central Provinces Local Self-Government Act, 1920 granted a district council the authority, with prior approval from the local Government, to impose \"any tax, toll or rate, except those outlined in Sections 24, 48, 49, and 50.\" On March 12, 1935, an Independent Mining Local Board...

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Ganga Dutt Murarka Vs. Kartik Chandra Das & Ors [1961] INSC 46 (10 February 1961)

Judgement Date : 10 Feb 1961

Citation : 1961 Latest Caselaw 46 SC

Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
Section 116. TPA, Effect of holding over.

Headnote :

The appellant was a contractual tenant of certain premises in Calcutta, owned by the respondents. The respondents requested the appellant to vacate the premises upon the expiration of the tenancy period, but the appellant did not vacate, and the respondents could not regain possession due to tenant...

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Kashinathsa Yamosa Kabadi, Vs. Narsingsa Bhaskarsa Kabadi, [1961] INSC 47 (10 February 1961)

Judgement Date : 10 Feb 1961

Citation : 1961 Latest Caselaw 47 SC

Registration Act, 1908
Registration Act, 1908
Registration Act, 1908

Headnote :

The involved parties were members of a joint Hindu family that owned significant movable and immovable property. They voluntarily appointed Panchas to assess their shares and divide the property. The Panchas first established the shares of each party and documented this determination in writing, whi...

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C.Mohammed Yunus Vs. Syed Unissa & Ors [1961] INSC 48 (14 February 1961)

Judgement Date : 14 Feb 1961

Citation : 1961 Latest Caselaw 48 SC

Muslim Personal Law (Shariat) Application Act, 1937

Headnote :

A Board of Trustees was established to manage the Durga and a Masjid, for which the Nawab of Carnatic had allocated two villages as Inam for maintenance. The income generated by the institution, after covering expenses, had long been divided equally among the descendants of four families. The scheme...

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Sri Vedaraneeswararswamy Devasthanam Vs. The Dominion of India & ANR [1961] INSC 49 (15 February 1961)

Judgement Date : 15 Feb 1961

Citation : 1961 Latest Caselaw 49 SC

Headnote :

The appellant, Devasthanam, possessed certain properties, which were granted to it in inam by the Rajas of Tanjore centuries ago, including salt pans. Following the enactment of Regulation 1 of 1805, which prohibited the manufacture of salt unless authorized by the Government, the East India Company...

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Teeka & Ors Vs. State of Uttar Pradesh [1961] INSC 50 (15 February 1961)

Judgement Date : 15 Feb 1961

Citation : 1961 Latest Caselaw 50 SC

Code of Civil Procedure, 1908 (CPC)
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 23. Wrongful gain
IPC Section 24. Dishonestly
IPC Section 325. Punishment for voluntarily causing grievous hurt
IPC Section 379. Punishment for theft
IPC Section 424. Dishonest or fraudulent removal or concealment of property
IPC Section 441. Criminal trespass

Headnote :

In the execution of a decree, the Amin seized two buffaloes from the residence of the judgment debtor and placed them in the care of a sapurdar. Since the sapurdar lacked space to accommodate the buffaloes at his home, he kept them overnight in the enclosure of the decree-holder, with the latter\'s...

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Maharudrappa Danappa Kesarappanavar Vs. The State of Mysore [1961] INSC 51 (16 February 1961)

Judgement Date : 16 Feb 1961

Citation : 1961 Latest Caselaw 51 SC

Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

Headnote :

The issue to be resolved was whether the Chairman of the Managing Committee of a Municipality, who had the authority to authorize payments for fixed recurring charges, qualified as a \"public servant\" under section 21 of the Indian Penal Code.It was determined that the authority to make payments fo...

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The Prakash Cotton Mills (Private) Ltd. & Ors Vs. The State of Bombay (Now Maharashtra) [1961] INSC 52 (16 February 1961)

Judgement Date : 16 Feb 1961

Citation : 1961 Latest Caselaw 52 SC

Bombay Industrial Relations Act, 1946
Bombay Industrial Relations Act, 1946
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The disagreements concerning the bonuses owed to the workers of the appellant mill and other cotton textile mills in Greater Bombay for the years 1952 and 1953 were submitted to the Industrial Court as per the provisions of the Bombay Industrial Relations Act, 1946. While these references were still...

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Government of Uttar Pradesh & Ors Vs. Raja Mohammad Amir Ahmad Khan [1961] INSC 53 (16 February 1961)

Judgement Date : 16 Feb 1961

Citation : 1961 Latest Caselaw 53 SC

Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899
Indian Stamp Act, 1899

Headnote :

The respondent executed a document and submitted it to the Collector for his opinion regarding the applicable duty under section 31 of the Stamp Act. After consulting the Board of Revenue, the Collector assessed the duty owed. He subsequently impounded the document and instructed that the duty be pa...

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China Cotton Exporters Vs. Beharilal Ramcharan Cotton Mills Ltd. [1961] INSC 54 (17 February 1961)

Judgement Date : 17 Feb 1961

Citation : 1961 Latest Caselaw 54 SC

Headnote :

The appellant had entered into a contract with its Italian suppliers for the shipment of 200,000 lbs. of cotton fiber in August 1950, and another for 300,000 lbs. for shipment in November/December 1950. On July 22, 1950, the appellant signed a contract with the respondent for the sale of 40,000 lbs....

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Jute And Gunny Brokers Ltd.& ANR Vs. The Union of India & Ors [1961] INSC 55 (17 February 1961)

Judgement Date : 17 Feb 1961

Citation : 1961 Latest Caselaw 55 SC

Code of Civil Procedure, 1908 (CPC)
Sale of Goods Act, 1930

Headnote :

The Government of India entered into a contract with the President of the Argentine Institute for Promotion of Trade to supply Hessian in exchange for licenses to ship foodstuffs purchased in Argentina to India. To implement this agreement, on September 30, 1946, orders were issued under rule 75A(i)...

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Sarda Prasad & Ors Vs. Lala Jumna Prasad & Ors [1961] INSC 56 (20 February 1961)

Judgement Date : 20 Feb 1961

Citation : 1961 Latest Caselaw 56 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A decree issued on September 2, 1938, in a case concerning the partition of joint Hindu family property, allocated a house to J and his four minor sons. J did not carry out the decree. On November 23, 1949, the appellants, who are J\'s four sons, filed an application for the execution of the decree,...

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The Custodian of Evacuee Property, Bangalore Vs. Khan Saheb Abdul Shukoor [1961] INSC 57 (20 February 1961)

Judgement Date : 20 Feb 1961

Citation : 1961 Latest Caselaw 57 SC

Administration of Evacuee Property Act, 1950
Constitution of India

Hari Vishnu Kamath Vs. Syed Ahmad Ishaque & Ors [1954] INSC 122 (9 December 1954)

Headnote :

On July 7, 1949, the State of Mysore enacted the Mysore Administration of Evacuee Property (Emergency) Act, 1949, which included provisions for appointing a Custodian of Evacuee Property to manage evacuee property within the state. According to Section 6, the Custodian was required to publish a noti...

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Smt. Padmini Kunwar Ju Sahiba Vs. State of Vindhya Pradesh [1961] INSC 58 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 58 SC

Headnote :

The manager of an undivided Hindu family, which included himself, his brother, and their step-mother, filed a lawsuit to recover the amount owed under a family mortgage. The step-mother, who had an interest in the mortgage, was not included as a party in the lawsuit.Although the manager (the first p...

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Devidas & Ors Vs. Shrishailappa & Ors [1961] INSC 59 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 59 SC

Thakur Amar Singhji Vs. State of Rajasthan [1955] INSC 27 (15 April 1955)

Headnote :

In 1945, the Ruler of Panna granted a \"Lambardari lease\" in certain villages to the appellant. However, on January 1, 1954, a notification was issued under the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952, which led the respondent to resume the appellant\'s rights. The appellant...

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The Commissioner of Income-Tax, Bombay. Vs. M/S. Filmistan Ltd. [1961] INSC 60 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 60 SC

Headnote :

The limitation period was presented, and the tax was paid after the deadline for filing the appeal had passed.It was determined that the phrase \"No appeal shall lie\" in the proviso to Section 30(2) of the Indian Income-tax Act indicates that an appeal cannot be considered properly filed until the...

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Haridas Mondal Vs. Anath Nath Mittra [1961] INSC 61 (21 February 1961)

Judgement Date : 21 Feb 1961

Citation : 1961 Latest Caselaw 61 SC

Bengal Money-Lenders Act, 1940
Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant secured both a preliminary and a final mortgage decree against the respondent, followed by a personal decree for the outstanding debt after the sale of the mortgaged property. When the appellant sought to execute the personal decree, the respondent filed a suit for relief under section...

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Commissioner of Income-Tax, Andhra Pradesh Vs. Mis. Bhikaji Dadabhai & Co [1961] INSC 62 (22 February 1961)

Judgement Date : 22 Feb 1961

Citation : 1961 Latest Caselaw 62 SC

Headnote :

The Income-tax Officer determined that the respondents\' accounting records were unreliable. After assessing the income for the Fasli year 1357, which corresponds to the year 1946-47, he issued a notice to the respondents on December 22, 1949, under section 40 of the Hyderabad Income-tax Act, reques...

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Pratap Chand Vs. Ram Narayan & ANR [1961] INSC 63 (22 February 1961)

Judgement Date : 22 Feb 1961

Citation : 1961 Latest Caselaw 63 SC

Code of Civil Procedure, 1908 (CPC)
Section 70. TPA, Accession to mortgaged property.
Transfer of Property Act, 1882

Headnote :

Ramchandar executed a straightforward mortgage deed without transferring possession of his share in the disputed property to the respondents and others. The pertinent section of the deed stated: \"I hereby mortgage without possession half share, five annas and four pies, covering an area of 678-31 a...

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State of Jammu Kashmir Vs. Mir Gulam Rasul [1961] INSC 64 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 64 SC

Constitution of India
Public Servants (Inquiries) Act, 1977

Headnote :

The Government of Jammu and Kashmir, based on the findings of its commission of enquiry, demoted the respondent who had previously been suspended. The respondent then approached the Jammu and Kashmir High Court under Article 32(2A) of the Constitution of India, as applicable to the State of Jammu an...

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N. Kasturi Vs. D. Ponnammal & Ors [1961] INSC 65 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 65 SC

Gnanambal Ammal Vs. T. Raju Ayyar & Ors [1950] INSC 28 (21 October 1950)

Headnote :

A testator, who had no children, created a will on April 28, 1937, and passed away on March 10, 1939, leaving behind his widow. In clause 6 of the will, he expressed his intention to adopt a boy and stated that if he did not complete the adoption during his lifetime, his wife would adopt K. He also...

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Jibon Chandra Sarma Doloi Vs. Anandi Ram Kalita & Ors [1961] INSC 66 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 66 SC

Headnote :

The plaintiff-appellant initiated a lawsuit claiming that the lands in question were improperly transferred to the predecessors of the respondents. He argued that these lands were granted to the Bardeuries (officials) of a particular ancient temple in Assam to facilitate their service to the deities...

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Raje Anandrao Vs. Shamrao & Ors [1961] INSC 67 (23 February 1961)

Judgement Date : 23 Feb 1961

Citation : 1961 Latest Caselaw 67 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant served as the trustee of a temple, which was established as a public endowment by his ancestors, while the respondents were the Pujaris who held hereditary rights to their positions.Due to dissatisfaction with the temple\'s management, a lawsuit was initiated under Section 92 of the Co...

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E. Vs. Balakrishnan Vs. Mahalakshmi Ammal & ANR [1961] INSC 68 (24 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 68 SC

Indian Succession Act, 1925

Headnote :

Viswanatha Iyer, who had two minor daughters but no sons, treated his brother Seetharama Iyer\'s son, the appellant, as a foster son. Before his death, he created a will that entrusted the management of his properties to his brother and stipulated that once his daughters reached adulthood, Seetharam...

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Sriratnavaramaraja Vs. Smt. Vimla [1961] INSC 69 (27 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 69 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The issue at hand was whether the defendant had the right to raise a grievance and challenge the valuation of the disputed properties as if it were a matter between the plaintiff and himself, and whether he could seek the High Court\'s revisional jurisdiction regarding the order determining the cour...

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Karumuthu Thiagarajan Chettiar& ANR Vs. E. M. Muthappa Chettiar [1961] INSC 70 (27 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 70 SC

Headnote :

The appellant and the respondent formed a written partnership regarding the management of two mills, stipulating that management would alternate every four years, with the appellant managing for the first four years, followed by the respondent for the next four years, and continuing in this manner t...

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M. Vs. Joshi Vs. M. U. Shimpi & ANR [1961] INSC 71 (27 February 1961)

Judgement Date : 27 Feb 1961

Citation : 1961 Latest Caselaw 71 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The appellant was found to be selling butter that did not meet the required standards. He was convicted under section 16(1) in conjunction with section 7(1) of the Prevention of Food Adulteration Act, 1954, and was sentenced to two months of rigorous imprisonment along with a fine of Rs. 250/-. He a...

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