Caselaw | Supreme Court Judgements of march 1961

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Khan Bahadur Shapoor Fredoom Mazda Vs. Durga Prosad Chamaria & Ors [1961] INSC 72 (1 March 1961)

Judgement Date : 01 Mar 1961

Citation : 1961 Latest Caselaw 72 SC

Code of Civil Procedure, 1908 (CPC)
Indian Evidence Act, 1872

Headnote :

In a mortgage suit brought by him, the respondent 1, the mortgagee, pleaded that limitation was saved by a letter written to him by the mortgagor, the respondent 2, which amounted to acknowledgment under s. 19 of the Indian Limitation Act. There was a prior mortgage and before writing the letter in...

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Donald Miranda Vs. The Commissioner of Income-Tax, Bombay City-Ii [1961] INSC 73 (1 March 1961)

Judgement Date : 01 Mar 1961

Citation : 1961 Latest Caselaw 73 SC

Headnote :

The appellants were partners in a registered firm which was dissolved on March 24, 1945. A private limited company succeeded to the business of the firm from March 25, 1945. For the accounting period April 1, 1944, to March 24, 1945, the firm was assessed to excess profits tax under the Excess Pr...

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M/S. Jeewanlal (1929) Ltd., Calcutta Vs. Its Workmen [1961] INSC 74 (3 March 1961)

Judgement Date : 03 Mar 1961

Citation : 1961 Latest Caselaw 74 SC

Factories Act, 1948
Industrial Disputes Act, 1947

Headnote :

One Bbanu Bala had joined the appellant's service as a workman in 1929 and resigned in 1957. During this period of his service he had remained absent from duty without permission or leave for nearly 8 months between February, 1945, to 718 October, 1945. Under an Award made between the company an...

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The Garment Cleaning Works Vs. Its Workmen [1961] INSC 75 (3 March 1961)

Judgement Date : 03 Mar 1961

Citation : 1961 Latest Caselaw 75 SC

Industrial Disputes Act, 1947

Headnote :

The Industrial Tribunal, on a reference under S. 12 Of the Industrial Disputes Act, 1947, framed a gratuity scheme for the appellant company. The company challenged the validity of some of the provisions of the scheme on the grounds, inter alia, (1) that the scheme was framed on the basis of the uni...

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Mohanlal Jain Vs. His Highness Maharaja Shri Sawai Man Singhji [1961] INSC 76 (3 March 1961)

Judgement Date : 03 Mar 1961

Citation : 1961 Latest Caselaw 76 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Section 230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal

Headnote :

The appellant filed a suit for the recovery of money as price of goods supplied against the Ex-Ruler of Jaipur. Subsequently s. 87-B was introduced in the Code of Civil Procedure making the provisions of s. 86 in respect of suits against rulers of foreign States applicable to the rulers of former...

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Sonapur Tea Co., Ltd. Vs. Must. Mazirunnessa [1961] INSC 77 (4 March 1961)

Judgement Date : 04 Mar 1961

Citation : 1961 Latest Caselaw 77 SC

Headnote :

These appeals arose out of. two petitions filed in the High Court under Art. 226 of the Constitution challenging the constitutional validity of the Assam Fixation of Ceiling on Land Holding Act, 1957. The High Court in dismissing the petitions held that the impugned Act was protected by Art, 31A of...

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The Commissioner of Income-Tax, Poona Vs. Buldana District Main Cloth Importers Group [1961] INSC 78 (6 March 1961)

Judgement Date : 06 Mar 1961

Citation : 1961 Latest Caselaw 78 SC

Headnote :

A scheme for the distribution of cloth was evolved by the Deputy Commissioner of the District who appointed a group of persons as sole agents for the import of cloth from Mills and distribution of the same to retailers. Though for different periods the group was differently constituted, one of the m...

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Gurbachan Singh & Ors Vs. Puran Singh & Ors [1961] INSC 79 (6 March 1961)

Judgement Date : 06 Mar 1961

Citation : 1961 Latest Caselaw 79 SC

Headnote :

One 'M' executed a will bequeathing the property in dispute. suit was brought for declaration, inter alia, that the will was effective and 'M' had no power to bequeath the land in dispute it was ancestral qua the defendants. The question for decision was whether the portion of...

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Jagannath Prasad Sharma Vs. State of Uttar Pradesh & Ors [1961] INSC 80 (6 March 1961)

Judgement Date : 06 Mar 1961

Citation : 1961 Latest Caselaw 80 SC

Constitution of India
Government of India Act, 1935
Police Act, 1861
Police Act, 1861
U.P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947

Headnote :

There were certain charges of immorality, corruption and gross dereliction of duty against the appellant who was a police officer. After an enquiry, the Governor of U. P. referred the case under s. 4 Of the U. P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947, to a Tribunal. The Trib...

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Bawa Harigir Vs. Assistant Custodian, Evacuee Property, Bhopal [1961] INSC 81 (7 March 1961)

Judgement Date : 07 Mar 1961

Citation : 1961 Latest Caselaw 81 SC

Administration of Evacuee Property Act, 1950
Constitution of India

Headnote :

The petitioner purchased some land from R. R. was declared to be an intending evacuee and be left for Pakistan. The Assistant Custodian issued a 'notice to the petitioner to show cause why the land should not be declared to be evacuee property, and after hearing the petitioner he declared the la...

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The Commissioner of Income-Tax, Madhya Pradesh Vs. Seth Khushal Chand Daga [1961] INSC 82 (7 March 1961)

Judgement Date : 07 Mar 1961

Citation : 1961 Latest Caselaw 82 SC

Headnote :

For the accounting year 1941 the assessee's profits from his share in an unregistered firm were,. set off against his losses in the individual business and the Income Tax Officer determined the loss to be carried forward at RS. 53,840, but did not notify to the assessee by order in writing the a...

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Dafedar Niranjan Singh & ANR Vs. Custodian, Evacuee Property (Pb.) & ANR [1961] INSC 83 (8 March 1961)

Judgement Date : 08 Mar 1961

Citation : 1961 Latest Caselaw 83 SC

Administration of Evacuee Property Act, 1950

Headnote :

The Custodian of Evacuee Property, Patiala, took possession of two houses under the provisions of the Patiala Evacuees (Administration of Property) Ordinance of Samvat 2004 (No. IX of 2004) but on the appellant claiming the houses as belonging to him they were released in his favour by the Custodian...

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Jagannath Agarwala Vs. State of Orissa [1961] INSC 84 (8 March 1961)

Judgement Date : 08 Mar 1961

Citation : 1961 Latest Caselaw 84 SC

Administration of Mayurbhanj State Order, 1949

Headnote :

The appellant had two money claims against the Maharaja of Mayurbhanj State. From January 1, 1949, the State merged with the Province of Orissa. Clause 9 of the Administration of Mayurbhanj State Order, 1949, promulgated by the Government of Orissa, provided for the issuing of a notification for cal...

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The State of Andhra Pradesh Vs. Kandimalla Subbaiah & ANR [1961] INSC 85 (8 March 1961)

Judgement Date : 08 Mar 1961

Citation : 1961 Latest Caselaw 85 SC

CrPC Section 239. When accused shall be discharged
Indian Penal Code, 1860 (IPC)
IPC Section 120B. Punishment of criminal conspiracy
IPC Section 420. Cheating and dishonestly inducing delivery of property
IPC Section 464. Making a false document

Headnote :

The High Court quashed the charges framed against the respondents. The charge sheet stated that accused 1 to 9 had committed offenses under S. 12oB of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act, 1947, and that accused No. had committed offenses under SS. 5(1)(c) and 5, (i)...

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Bharoo Mal & Ors Vs. Custodian General, Evacuee Property [1961] INSC 86 (10 March 1961)

Judgement Date : 10 Mar 1961

Citation : 1961 Latest Caselaw 86 SC

Administration of Evacuee Property Act, 1950

Headnote :

The appellants exchanged their property in Pakistan with the property of an evacuee in India. They applied for confirmation of the transaction which was granted by the Deputy Custodian. Later, the Custodian revised the order and set aside the confirmation and ordered the ejectment of the appellants...

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Md. Sharfuddin Vs. R. P. Singh & Ors [1961] INSC 87 (10 March 1961)

Judgement Date : 10 Mar 1961

Citation : 1961 Latest Caselaw 87 SC

Administration of Evacuee Property Act, 1950

Headnote :

The Assistant Custodian, Giridih, passed an order holding that the properties of the appellant were not evacuee properties. The Custodian, acting under S. 26(1) of the Administration of Evacuee Property Act, 1950, called for the records of the case, and after hearing the appellant dropped the procee...

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The Commissioner of Excess Profits Tax, Hyderabad Vs. M/S. S. R. Vs. G. Press Company, Kurnool [1961] INSC 88 (10 March 1961)

Judgement Date : 10 Mar 1961

Citation : 1961 Latest Caselaw 88 SC

Headnote :

The respondents were entitled to a rebate of sales tax on goods purchased by them and used in their manufacturing process. They had adopted the system which was permissible under law, 233 of paying sales tax provisionally assessed by the Sales Tax Officer on the basis of turnover of the previous yea...

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Senairam Doongarmall Vs. Commissioner of Income-Tax, Assam [1961] INSC 89 (13 March 1961)

Judgement Date : 13 Mar 1961

Citation : 1961 Latest Caselaw 89 SC

Headnote :

The assessee, a Hindu undivided family, owned a tea estate in Assam comprising a tea garden, factories, labour, quarters, staff quarters etc. On February 27, 1942, the military authorities requisitioned all the factory buildings etc., under the Defence of India Rules but the tea garden, however, was...

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N. T. Patel and Company Vs. Commissioner of Income-Tax, Madras [1961] INSC 90 (13 March 1961)

Judgement Date : 13 Mar 1961

Citation : 1961 Latest Caselaw 90 SC

Headnote :

A partnership consisting of four persons was formed on March 31, 1949, which was to come to an end on March 31, 1954. On July 27, 1951, a fifth partner was taken into the partnership. On March 29, 1954, a new partnership was entered into taking in a sixth partner will) contributed Rs. 40,000 as h...

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Dibakar Satpathy Vs. Hon'ble The Chief Justice and Judgesof The High Court of O [1961] INSC 91 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 91 SC

CrPC Section 190. Cognizance of offences by Magistrates

Headnote :

The appellant an Under Secretary to the Board of Revenue, circulated to the District Magistrates, the opinions of the Legal Remembrance and the Advocate General with an endorsement directing that a procedure contrary to that indicated by the High Court, be followed "until the matter is carried...

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B. K. Kar Vs. The Chief Justice and His Companion Judges of The High Court [1961] INSC 92 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 92 SC

Headnote :

Under an order passed by the appellant, a Magistrate, one G was put in possession of some property on October 14, 1955. in revision the order was set aside by the High Court on August 27, 1957, and the opposite party S applied, on November. 20, 1957, to the appellant for redelivery of possession....

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Endupuri Narasimham and Son Vs. The State of Orissa & Ors [1961] INSC 93 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 93 SC

Constitution of India

Headnote :

The petitioner who was a,-registered dealer under the Orissa Sales Tax Act, 1947, was carrying on the business of purchasing and reselling castor seeds, etc., in the State of Orissa. Under a declaration given by him for the purpose of obtaining his registration certificate the goods purchased by him...

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The Lokmanya Mills Vs. The Barsi Borough Municipality [1961] INSC 94 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 94 SC

Headnote :

The Bombay Municipal Boroughs Act, 1925, empowered a municipality to levy rates on lands and buildings which were to be assessed on the valuation based on the capital or the annual letting value. The Act defined the annual letting value inter alia as the annual rent for which any building or land mi...

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Purshottam Lal Dhawan Vs. Dewan Chaman Lal & ANR [1961] INSC 95 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 95 SC

Headnote :

The appellant and the respondent, who were displaced persons from West Pakistan, were allotted lands in the same village. At the instance of certain persons, the first allotment was cancelled and there was a re-allotment. The respondent was aggrieved by this order and on September 27, 195o, he fi...

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Mritunjoy Pani & ANR Vs. Narmanda Bala Sasmal & ANR [1961] INSC 96 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 96 SC

Indian Trusts Act, 1882

Headnote :

Usufructuary mortgage bond was executed in favour of the father of the appellant who was put in possession of the mortgaged property. One of the terms of the usufructuary mortgage was that in case of failure of payment of rent by the mortgagor, the mortgagee was to pay off the arrears of rent to the...

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M/S. Nand Lal Raj Kishan Vs. Commissioner of Sales Tax, Delhi & ANR [1961] INSC 97 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 97 SC

Headnote :

The validity of s. 8A of the Bengal Finance (Sales Tax (Delhi Amendment) Act, 956, enabling the Commissioner of Sales Tax to demand security from dealers for payment of tax was challenged by the petitioners on the grounds that (i) the section gave undefined, unlimited and unrestricted power to the c...

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Ramavatar Budhaiprasad Vs. Assistant Sales Tax Officer, Akola [1961] INSC 98 (14 March 1961)

Judgement Date : 14 Mar 1961

Citation : 1961 Latest Caselaw 98 SC

Headnote :

The petitioners who were dealers in betel leaves were assessed to sales tax by the Assistant Sales Tax Officer under the provisions of the C. P. and Berar Sales Tax Act, 1947. The contention of the petitioners was that under s. 6 read with the second schedule of the Act betel leaves were not taxa...

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Major Gopal Singh & Ors Vs. Custodian, Evacuee Property, Punjab [1961] INSC 99 (15 March 1961)

Judgement Date : 15 Mar 1961

Citation : 1961 Latest Caselaw 99 SC

Administration of Evacuee Property Act, 1950
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Rules, 1955

Headnote :

The appellants who are displaced persons from West Pakistan, were granted quasi-permanent allotment of some lands in village Raikot in 1949. On October 31, 1952, the Assistant Custodian cancelled the allotment of 14 allottees in village Karodian, and also cancelled the allotment of the Appellants in...

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Kailash Chandra Vs. Union of India [1961] INSC 100 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 100 SC

Constitution of India

Headnote :

The appellant who was a clerk under the East Indian Railways was compulsorily retired from service on attaining the age of 55 years. His prayer for further retention in service having been rejected he filed a suit alleging that he was entitled to be retained in service up to the age of 60 years unde...

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Bhau Ram Vs. B. Baijnath Singh & Ors [1961] INSC 101 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 101 SC

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

Headnote :

In a suit instituted by the respondent for the enforcement of the right of pre-emption against the appellant, the trial court dismissed the suit but on appeal a decree was passed on March 24, 1952 under which upon the respondent paying the amount found payable as purchase money into court within fou...

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Singhal Ajit Kumar & ANR Vs. Ujayar Singh & Ors [1961] INSC 102 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 102 SC

Headnote :

A Sudra Hindu died leaving two widows and an illegitimate son by a continuously and exclusively kept concubine. The son succeeded to a moiety of the estate and the widows succeeded to the other moiety. The widows died without leaving any daughter or daughter's son. The reversioners filed a suit...

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P. Vs. Bheemsena Rao Vs. Sirigiri Pedda Yella Reddi& Ors [1961] INSC 103 (16 March 1961)

Judgement Date : 16 Mar 1961

Citation : 1961 Latest Caselaw 103 SC

Headnote :

The property in dispute was granted in inam to the ancestors of the predecessors-in-interest of the plaintiff-respondents for the performance of parak service in certain temples but the grantees alienated considerable portion of the property and ceased to perform the parak service. On being moved by...

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Keshavlal Mohanlal Shah Vs. The State of Bombay [1961] INSC 104 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 104 SC

CrPC Section 197. Prosecution of Judges and public servants
Indian Penal Code, 1860 (IPC)
IPC Section 19. Judge
IPC Section 409. Criminal breach of trust by public servant, or by banker, merchant or agent

Headnote :

The appellant, a Magistrate, was dismissed from service as a result of a departmental enquiry. On a complaint filed by the State Government he was convicted under s. 409 of the Indian Penal Code. The point urged was that the trial Magistrate should not have taken cognizance of the offence without th...

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Thakur Bahadur Singh Vs. The State of Rajasthan & Ors [1961] INSC 105 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 105 SC

Constitution of India

Headnote :

The title of the petitioner to succeed to the jagir as the next heir of his father who died in July 1946 was recognised and a renewal granted in his favour by the Government by an order dated March 8, 1952. Section 190 of the Marwar Land Revenue Act, imposed an obligation on the succeeding heir to 1...

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The Swadeshi Cotton Mills Co. Limited Vs. The State of U. P. & Ors [1961] INSC 106 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 106 SC

Delhi Laws Act, 1912
Industrial Disputes Act, 1947

Headnote :

Clauses (c), (d) and (9) of S. 3 of the U. P. Industrial Disputes Act, 1947, empower the State Government to make provision, by general or special order, for appointing industrial courts, for referring any industrial dispute for conciliation or adjudication in the manner provided in the order and fo...

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The Durgah Committee, Ajmer Andanother Vs. Syed Hussain Ali & Ors [1961] INSC 107 (17 March 1961)

Judgement Date : 17 Mar 1961

Citation : 1961 Latest Caselaw 107 SC

Headnote :

The respondents, who were the Khadims of the tomb of Hazrat Khwaja Moin-ud-din Chishti of Ajmer challenged the constitutional validity of the Durgah Khwaja Saheb Act, 1955 (XXXVI of 1955) and certain specified sections by a petition filed under Art. 226 of the Constitution in the Rajasthan High Cour...

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Salig Ram Vs. Munshi Ram & ANR [1961] INSC 108 (21 March 1961)

Judgement Date : 21 Mar 1961

Citation : 1961 Latest Caselaw 108 SC

Punjab Laws Act, 1872
Punjab Laws Act, 1872

Headnote :

M, a Hindu belonging to the Brahmin community in the Amritsar District of Punjab, instituted a suit for the possession of a half share in the property left by his natural paternal grandfather. His father had predeceased him, but another son of his grandfather was alive. He had been adopted away in a...

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Fazal Bhai Dhala Vs. Custodian-General of Evacuee Property, Delhi [1961] INSC 109 (21 March 1961)

Judgement Date : 21 Mar 1961

Citation : 1961 Latest Caselaw 109 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

F, the appellant, and A his brother, were partners in a business of hides and skins. On August 10, 1949, A executed a deed of sale in respect of some immoveable properties in Orissa and Madras in favour of F. A deed of dissolution of the partnership was also executed on August 12, 1949, wherein it w...

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Abdul Hakim Khan & Ors Vs. The Regional Settlement Commissioner [1961] INSC 110 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 110 SC

Administration of Evacuee Property Act, 1950
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951
Evacuee Interest (Separation) Act, 1951

Headnote :

A Muslim died leaving some property and several heirs. Some of the heirs became evacuees and their 4/7th share in the property was declared under s. 7 of the Administration of Evacuee Property Act, 1950, to be evacuee property. Thereafter, proceedings were taken for the separation of the interest of...

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Abdullabhai M. Bhagat, Vs. The Income-Tax Officer, Special Circle,Madras [1961] INSC 111 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 111 SC

Constitution of India
General Clauses Act, 1897
Government of India Act, 1935

Headnote :

The petitioners as partners of a registered firm were assessed to income-tax for the relevant assessment years. Thereafter they made a disclosure of their income under a "Voluntary Disclosure Scheme" regarding profits which had escaped assessment, and on reassessment of the disclosed in...

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Aniyoth Kunhamina Umma Vs. Ministry of Rehabilitation & Ors [1961] INSC 112 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 112 SC

Constitution of India

Headnote :

The petitioner's husband transferred certain property to the petitioner. A notice under s. 7, Administration of Evacuee Property Act, 1950, was issued to the petitioner and to her husband and the husband was declared an evacuee and the property was declared as evacuee property by the Assistant C...

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K. S. Nanji and Company Vs. Jatashankar Dossa & Ors [1961] INSC 113 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 113 SC

Indian Evidence Act, 1872

Headnote :

The appellants and the respondents were owners of adjoining collieries and the suit out of which the present appeal arose was one brought by the respondents for certain reliefs on the allegation that the appellants had encroached upon their coal mines and removed coal from the encroached portion and...

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Lakshman Singh Kothari Vs. Smt. Rup Kanwar [1961] INSC 114 (22 March 1961)

Judgement Date : 22 Mar 1961

Citation : 1961 Latest Caselaw 114 SC

Headnote :

In order that an adoption may be valid under the Hindu Law there must be a formal ceremony of giving and taking. This is true of the regenerate castes as well as of the Sudras. Although no particular form is prescribed for the ceremony, the law requires that the natural parent shall hand over, th...

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Sinha Govindji Vs. The Deputy Chief Controller Ofimports and Exports & Ors [1961] INSC 115 (23 March 1961)

Judgement Date : 23 Mar 1961

Citation : 1961 Latest Caselaw 115 SC

Constitution of India

Headnote :

The petitioner who was carrying on the business of the manufacture of celluloid and plastic bangles etc. was granted two licences dated January 18, 1960, and February 2, 1060, for the purpose of importing cellulose nitrate sheets for two licensing periods, April/September, 1950, and October/March, 1...

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Devanagere Cotton Mills Ltd. Devanagere Vs. The Deputy Commissioner, Chitradurga & ANR [1961] INSC 116 (24 March 1961)

Judgement Date : 24 Mar 1961

Citation : 1961 Latest Caselaw 116 SC

General Clauses Act, 1897

Headnote :

The appellants declined to carry out the requisition by the Deputy Commissioner to submit certain returns on the ground that tinder the Indian Cotton Cess Act, 1923, which Act Se came applicable to the State of Mysore by the Part B States Laws Act, 1951, the Collector alone could assess the cess and...

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The Orient Paper Mills Ltd. Vs. The State of Orissa & Ors [1961] INSC 117 (24 March 1961)

Judgement Date : 24 Mar 1961

Citation : 1961 Latest Caselaw 117 SC

Constitution of India

Headnote :

The appellants who were registered as dealers under the Orissa Sales Tax Act, 1947, used to collect sales tax from the purchasers on all sales effected by them including sales to dealers in other states. They were assessed to and paid tax on their turnover which included sales outside the State of O...

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Daryao & Ors Vs. The State of U. P. & Ors [1961] INSC 118 (27 March 1961)

Judgement Date : 27 Mar 1961

Citation : 1961 Latest Caselaw 118 SC

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

Pandit M. S. M. Sharma Vs. Dr. Shree Krishna Sinha & Ors [1960] INSC 116 (1 August 1960)
Raj Lakshmi Dasi & Ors Vs. Banamali Sen & Ors [1952] INSC 49 (27 October 1952)

Headnote :

Where the High Court dismisses a writ petition under Art. 226 of the Constitution after hearing the matter on the merits on the ground that no fundamental right was proved or contravened or that its contravention was constitutionally justified, a subsequent petition to the Supreme Court under Art. 3...

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Jivabhai Purshottam Vs. Chhagan Karson & Ors [1961] INSC 119 (27 March 1961)

Judgement Date : 27 Mar 1961

Citation : 1961 Latest Caselaw 119 SC

Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948

Headnote :

Sub-section (2A) of S. 34 of the Bombay Tenancy and Agri- cultural Lands Act, 1948, as amended by the Amending Act of 1952, applied from the date when the tenancy stood terminated on expiry of the notice of ejectment served on the tenant by the landlord under S. 34(1) of the Act and not from the dat...

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S. N. Dutt Vs. Union of India [1961] INSC 120 (27 March 1961)

Judgement Date : 27 Mar 1961

Citation : 1961 Latest Caselaw 120 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The appellant was the sole proprietor of a business styled S. N. Dutt SE Co. He gave a notice under s. 80 of the Code of Civil Procedure to the respondent in the name of "S. N. Dutt & Co.". After the requisite period he filed a suit against the respondent describing the plaintiff as: &...

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Raja Rameshwar Rao & ANR Vs. Raja Govind Rao [1961] INSC 121 (28 March 1961)

Judgement Date : 28 Mar 1961

Citation : 1961 Latest Caselaw 121 SC

Headnote :

Although title to a limited interest in property can be acquired by adverse possession, no limited interest in the nature of a permanent lease can be ordinarily acquired in a jagir which must initially be presumed to enure for the life-time of the grantee unless the grant itself shows otherwise....

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