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 :

Payment of bonus being based on the contribution of workmen to the profits of the company, that contribution, it is well settled, has to be taken into consideration as a whole and it is not relevant to enquire which class or section of the workmen contributed how much to the profits. Burn and Co....

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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 an agreement with the respondent who was a building contractor entrusting him with the work of constructing a house and shops. The respondent undertook the work but before it could be completed disputes arose between them and the appellant claimed compensation for effectin...

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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 in four villages forming part of the Cis-Sutlej jagir were compulsorily acquired under the East Punjab Acquisition and Requisition of" Immovable Property (Temporary Powers) Act, 1948. At the time of the acquisition A was the holder of the jagir. Possession over one of the villages had bee...

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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 respondent who was the occupant of an unalienated land had erected several structures on it without obtaining the prior permission of the Collector and became liable to be evicted. The Collector served a notice of eviction on the respondent under s. 66 of the Bombay Land Revenue Code and called...

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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 assessee, resident in British India, had some money in deposit with a concern in Bhavnagar, outside British India. On April 7, 1947, he transferred part of it to a concern in Bombay. He was assessed to tax on this amount under s. 4(i)(b)(iii) of the Income-tax Act. The assessee contended that...

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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 s. 167, Sea Customs Act, 1878, provides that any person concerned in the importation or exportation of prohibited goods shall be liable to a penalty "not exceeding three times the value of the goods, or not exceeding one thousand rupees." The petitioner was found...

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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 City of Bangalore Municipal Corporation resolved to levy octroi on cotton and wool and the resolution was notified in the Official Gazette as required by s. 98(1) of the City of Bangalore Municipal Corporation Act. Objections were invited and the appellants filed their objections to the tax. Fin...

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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 :

During controversy between two brothers each of whom claimed to be appointed Mutawalli, the Commissioner of Wakfs appointed a third brother as a temporary Mutawalli under s. 40 of the Bengal Wakf Act, which appointment was challenged on the ground that the order of the Commissioner appointing a temp...

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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 :

Pursuant to an agreement between the parties a dispute relating to the supply of stone ballast was referred for adjudication to an arbitrator who was appointed under the agreement. The arbitrator's awards were contested by the appellants but the trial court held that the dispute was properly ref...

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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 passed a peremptory order that " the appeal will stand dismissed " if a certain amount of court fee was not paid within the time granted by the court. The appellant being unable to find money made an application for extension of time before the expiry of the time granted, an...

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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 rule of blending in Hindu Law as evolved by judicial decisions can have no application to a property held by a Hindu female as a limited owner. That rule postulates a coparcener deliberately and intentionally throwing his independently acquired property into the joint family stock so as to form...

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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, r. 7(2) of the Code of Civil Procedure, which is intended to protect the interest of the minor, really means that an agreement or compromise entered into on behalf of the minor in contravention of 0. 32, r. 7(1) is voidable only at the instance of the minor and not at the instance of any o...

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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 1st appellant in the first batch of appeals had filed a writ petition in this Court challenging the notices calling upon him to pay the tax of 9 pies per ton on coal including coal despatched outside the State of Madhya Pradesh on two grounds, namely, that the levy of the tax by the Independent...

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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, 1957, was enacted, as indicated in the preamble, for providing for the acquisition by the State of un-worked land containing or likely to contain coal deposits, and under S. 4(1) of the Act,-the Central Government was empowered to issue a not...

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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, provides that where the owner of a mine is a private company any one of the shareholders thereof may be prosecuted and punished under this Act for any offence for which the owner of the mine is punishable. The appellant who was a shareholder and a director of a pri...

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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, which was the owner of a colliery, the directors of the managing agents of the company, and the manager and the agent of colliery were prosecuted for offenses under ss. 73 and 74 Of the Mines Act, 1932, for violation 10 of several regulations out of the Indian Coal Mines...

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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 empowered a district council, subject to the previous sanction of the local Government, to impose "any tax, toll or rate, other than those specified in SS. 24, 48,49, and 50." On March 12, 1935, an Independent. Mining Loca...

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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 the town of Calcutta of which the respondents were the owners. The respondents called upon the appellant to vacate and deliver possession of the premises on the expiration of the period of tenancy but possession was not delivered and the...

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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 parties were members of a joint Hindu family possessed of considerable property movable and immovable. They voluntarily appointed Panchas to determine the shares of the parties and to divide the property. The Panchas first determined the shares of the parties and reduced the determination to wri...

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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 :

Under a scheme a Board of Trustees was appointed for administration of the Durga and a Masjid for the maintenance of which the Nawab of Carnatic had granted two villages in Inam. The income of the institution after disbursing the expenses had since long been shared by the descendants in four familie...

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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 had certain properties, granted to it in inam by the Rajas of Tanjore centuries ago, which comprised salt pans. After the passingof Regulation 1 of 1805 which prohibited manufacture of salt except on account of the Government or with their express sanction, the East India C...

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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 execution of a decree the Amin attached, inter alia, two buffaloes from the house of the judgment debtor and entrusted them to the custody of a sapurdar. As the sapurdar had no accommodation in his house for keeping the buffaloes he kept them for the night in the enclosure of the decree-holder wi...

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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 question arising for determination was whether the Chairman of the Managing Committee of a Municipality who could order payment of bills for fixed recurring charges was a "public servant" within the meaning of s. 21 of the Indian Penal Code. Held, that the power to make payment of f...

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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 disputes regarding bonus to be paid to the' workmen of the appellant mill and other cotton textile mills in Greater Bombay for the year 1952 and 1953 were referred to the Industrial Court under the provisions of the Bombay Industrial Relations Act, 1946, and while the references were pending...

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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 an instrument and presented it to the Collector for his opinion under s. 31 Stamp Act as to the duty chargeable. The Collector,, after a reference to the Board of Revenue, determined the duty payable. He then impounded the instrument and ordered that the ditty be deposited wi...

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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 made a contract with its Italian suppliers for 200,000 lbs. of cotton fibre for August, 1950, shipment and another for 300,000 lbs. for Novermber /December, 950, shipment. On July 22, 1950, the appellant entered into a contract with the respondent for the sale Of 40,000 lbs. of fib...

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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 an agreement with the President of Argentine Institute for Promotion of Trade to supply Hessian in return for licences for. shipment to India of food-stuff purchased there and with a view to implement that agreement issued orders under r. 75A(i) of the Defence of...

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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 dated September 2, 1938, in a suit for partition of joint Hindu family property awarded a house to the share of one J and his four minor sons. J failed to execute the decree. On November 23, 1949, an application was made by the appellants, the four sons of J, for execution of the decree sta...

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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 then State of Mysore passed the Mysore Administration of Evacuee Property (Emergency) Act, 1949, providing, inter alia, for the appointment of a Custodian of Evacuee Property for the State of Mysore for the purpose of administering evacuee property in the State. By s. 6 all evac...

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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 consisting of himself, his brother and their step-mother, instituted a suit for recovery of the amount due under a mortgage belonging to the family. The step-mother who was interested in the mortgagee right was not made a party to the suit. Though the mana...

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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. By a notification dated January 1, 1954, issued under the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952, the respondent resumed the appellant's right. The appellant contended that...

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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 :

was presented with the period of limitation, the tax was paid after the period of limitation prescribed for presenting the appeal had expired. Held, that the expression " No appeal shall lie " in the proviso to S. 30(2) of the Indian Income-tax Act means that the appeal cannot be held t...

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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 obtained a preliminary and then a final mort- gage decree against the respondent and thereafter a personal decree for the debt remaining due to him 'after sale of the property mortgaged. The appellant applied for execution of the personal decree and thereupon the respondent sued fo...

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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 found that the respondents' books of accounts were unreliable and after assessing income for Fasli year 1357, corresponding to the year 1946-47, issued notice to the respondents on December 22, 1949, under s. 40 of the Hyderabad Income-tax Act to show cause why penalty sho...

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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 :

One Ramchandar executed a simple mortgage deed without possession of his share in the property in dispute in favour of the respondents and others the relevant Portion of which ran thus :" I do hereby mortgage without possession half share, five annas and four pies, area 678-31 acres, jama sarka...

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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 on the basis of the report of the commission of enquiry set up by it demoted the respondent who had been suspended earlier. The respondent moved the Jammu and Kashmir High Court under Art. 32(2A) of the Constitution of India as applied to the State of Jammu and Ka...

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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 was childless, executed a will on April 28, 1937 and died on March 10, 1939, leaving him surviving his widow. In cl. 6 of the will he expressed his desire to adopt a boy and stated that in case he did not make an adoption during his life-time his wife shall adopt K. He also conferred...

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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 filed a suit alleging that the lands in suit were unauthorisedly transferred to the predecessors in title 121 948 of the respondents. His contention was that the lands were granted to the Bardeuries (officials) of a certain ancient temple in Assam in order to enable them to r...

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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 was the trustee of a temple, which was an endowment for the public by his ancestors, and the respondents were its Pujaris with hereditary rights. Dissatisfaction with the management of the temple having arisen a suit under s. 92 of the Code of Civil Procedure was filed in which it w...

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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 :

One Viswanatha Iyer who had two minor daughters but no male issue treated his brother Seetharama Iyer's son, the appellant, as a foster son and before his death made a will by which he left the management of his properties to his brother and provided that as soon as his minor daughters attained...

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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 question was whether the defendant was entitled to raise a grievance and contest the valuation of the properties in dispute as if it were a matter in issue between the plaintiff and himself and could seek to invoke the High Court in its revisional jurisdiction against the order adjudging 'co...

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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 entered into a written partnership with respect to the managing agency business of two mills, the terms of which were, inter alia, that the management shall be carried on in rotation once in four years, the appellant to manage for the first four years and thereafter...

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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 selling butter which was found to be below the standard prescribed. He was convicted under s. 16(1) read with S. 7(1) of the Prevention of Food Adulteration Act, 1954, and sentenced to undergo rigorous imprisonment for two months and to pay a fine of Rs. 250/-. He contended (i) tha...

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