Caselaw | Supreme Court Judgements of may 1961

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The State of Punjab Vs. Nathu Ram [1961] INSC 203 (1 May 1961)

Judgement Date : 01 May 1961

Citation : 1961 Latest Caselaw 203 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Punjab Government acquired certain parcels of land belonging to two brothers Land N who refused to accept the compensation offered to them and applied to the Government of Punjab under r. 6 of the Punjab Land Acquisition ( Defence of India) Rules, 1943, to refer to arbitration their joint claim...

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M/S. Binani Commercial Co., Ltd. Vs. Ramanlal, Maganlal Mehta [1961] INSC 204 (1 May 1961)

Judgement Date : 01 May 1961

Citation : 1961 Latest Caselaw 204 SC

Headnote :

The Supply and Prices of Goods Act, 1950, made provisions for the control of prices, supply and distribution of certain goods essential to the national economy. Section 4(1)(c) empowers the Central Government to fix the maximum quantity of such goods which may be sold to any person in one transactio...

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Dr. Gopal Dass Verma Vs. Dr. S. K. Bhardwaj & ANR [1961] INSC 205 (2 May 1961)

Judgement Date : 02 May 1961

Citation : 1961 Latest Caselaw 205 SC

Delhi and Ajmer Rent Control Act, 1952

Headnote :

The respondent as a tenant of tile appellant was occupying a portion of the premises in question for residence and the other major portion for his professional work as an ear, nose, throat specialist. The appellant sued for the ejectment of the respondent on the grounds that (i) he required the prem...

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Mohammad Hussain Gulam Mohammad & ANR Vs. The State of Bombay & ANR [1961] INSC 206 (2 May 1961)

Judgement Date : 02 May 1961

Citation : 1961 Latest Caselaw 206 SC

Constitution of India
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Bombay Agricultural Produce Markets Act, 1939, was enacted by the Bombay Legislature to provide for the better regulation of buying and selling of agricultural produce in the State of Bombay and the establishment of markets for such produce. Under the provisions of the Act power was given to the...

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Installment Supply (P.) Ltd. & ANR Vs. The Union of India & Ors [1961] INSC 207 (2 May 1961)

Judgement Date : 02 May 1961

Citation : 1961 Latest Caselaw 207 SC

Central Sales Tax Act, 1956

Headnote :

Section 2(g) of the Bengal Finance (Sales Tax) Act, 1941, as extended to Delhi State, provided as follows,- "'Sale' means any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution o...

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Delhi Administration Vs. Ram Singh [1961] INSC 208 (3 May 1961)

Judgement Date : 03 May 1961

Citation : 1961 Latest Caselaw 208 SC

CrPC Section 156. Police officer’s power to investigate cognizable cases
CrPC Section 166. When officer in charge of police station may require another to issue search warrant
CrPC Section 5. Saving
IPC Section 187. Omission to assist public servant when bound by law to give assistance

Headnote :

The respondent was prosecuted for an offence under S. 8 of the Suppression of Immoral Traffic in Women and Girls Act, 1956, and a charge-sheet was presented before a First Class Magistrate in Delhi by a sub-inspector, who, as the officer in charge of the Police Station, had investigated the case....

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State of Bihar & ANR Vs. Umesh Jha [1961] INSC 209 (3 May 1961)

Judgement Date : 03 May 1961

Citation : 1961 Latest Caselaw 209 SC

Bihar Land Reforms Act, 1950
Constitution of India

Headnote :

Section 4(h) of the Bihar Land Reforms Act, 1950, as amended by the Bihar Land Reforms (Amendment) Act, 1959, which empowers the Collector to annul anticipatory transfers of land designed to defeat the object of the Act, is protected by Art. 31A of the Constitution although it does not by itself pro...

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Tarachand Damu Sutar Vs. The State of Maharashtra [1961] INSC 210 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 210 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section1. Title and extent of operation of the Code

Headnote :

The appellant was tried for an offence under s. 302 Indian Penal Code for the murder of his wife. The evidence consisted mainly of the uncorroborated dying declaration of the wife. The Sessions judge accepted the evidence but convicted the appellant under s. 304 Part 1 Indian Penal Code. On appeal b...

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Ramlal, Motilal And Chhotelal Vs. Rewa Coalfields Ltd. [1961] INSC 211 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 211 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In an application under s.5 of the Indian Limitation Act for condonation of one day's delay in filing an appeal, the question arose whether the appellant had to explain his conduct during the whole period prescribed for filing the appeal or he has to explain the delay between the last day for fi...

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Sheodhyan Singh & Ors Vs. Musammat Santchara Kuer & Ors [1961] INSC 212 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 212 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 107. Security for keeping the peace in other cases

Headnote :

In the final decree for sale in a mortgage suit and in the sale certificate the number of the property in dispute was given as No. 160 instead of No. 1060 which was the real number although it was otherwise fully described so that its identity could be clearly established. The appellants contended t...

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Seth Hiralal Patni Vs. Sri Kali Nath [1961] INSC 213 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 213 SC

Code of Civil Procedure, 1908 (CPC)
Decrees and Orders Validating Act, 1936

Headnote :

The respondent instituted a suit on the Original Side of the Bombay High Court against the appellant for the recovery of his commission in respect of certain share transactions at Agra. The plaint was filed after obtaining leave of the Bombay High Court under cl. 12 of the Letters Patent. One of the...

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Joginder Singh & Ors Vs. The Deputy Custodian General of Evacuee Property [1961] INSC 214 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 214 SC

Administration of Evacuee Property Act, 1950

Headnote :

Respondents Nos. 4 to 9 who were displaced persons from Pakistan, were allotted certain rural lands in village Karodian on a quasi-permanent basis. On information being received from Pakistan that they were entitled to urban allotment their allotment in village Karodian was cancelled and they were a...

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Shriram Jhunjhunwala Vs. The State of Bombay & Ors [1961] INSC 215 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 215 SC

Headnote :

The State Government granted mining licence to the appellant over an area of 83.18 acres as prayed for by him but the Union Government modified the order and directed that licence for 32 acres out of the whole area could not be granted and the licence should be restricted to the rest of the area. Th...

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Hari Shankar Lal Vs. Shambhunath Prasad & Ors [1961] INSC 216 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 216 SC

Headnote :

The appellant, the respondents 1 and 2 and their mother referred their dispute to arbitration by a registered agreement. Within 10 days thereof the arbitrators entered on the reference. After about a year the mother of the parties died and the arbitrators did not proceed with the enquiry. About a ye...

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State of Punjab Vs. Suraj Parkash Kapur [1961] INSC 217 (4 May 1961)

Judgement Date : 04 May 1961

Citation : 1961 Latest Caselaw 217 SC

Administration of Evacuee Property Act, 1950
Constitution of India
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
Displaced Persons (Compensation and Rehabilitation) Act, 1954
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948

Headnote :

The respondents, a joint Hindu family and evacuees from Pakistan, were allotted certain lands by the Custodian of Evacuee Property. A draft scheme for consolidation of holdings was framed and published by the Consolidation Officer in pursuance of a notification by the State Government under s. 14 of...

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Charu Chandra Kundu Vs. Gurupada Ghosh [1961] INSC 218 (5 May 1961)

Judgement Date : 05 May 1961

Citation : 1961 Latest Caselaw 218 SC

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

Headnote :

In a suit instituted by the respondent for the recovery of monies which he alleged were due to him from the appellant, the latter pleaded that the liability had been discharged. In support of that plea the appellant sought to tender in evidence a statement which he said had been made by the respo...

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The Commissioner of Income-Tax new Delhi Vs. M/S. Chuni Lal Moonga Ram [1961] INSC 219 (5 May 1961)

Judgement Date : 05 May 1961

Citation : 1961 Latest Caselaw 219 SC

Business Profits Tax Act, 1947

Headnote :

During the assessment year 1946-47, the assessee was carrying on speculative business in bullion at Delhi. It entered into transactions in the nature of forward transactions with parties at Bhatinda (in the Patiala State outside the taxable territories of British India) in which it suffered losses....

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Krishnamurthi Vasudeorao Deshpande & ANR Vs. Dhruwaraj [1961] INSC 220 (5 May 1961)

Judgement Date : 05 May 1961

Citation : 1961 Latest Caselaw 220 SC

Headnote :

Respondent was adopted by a widow after about 63 years of her husband's death. The husband had predeceased his father 'N' leaving behind him the said widow and two sisters K. and S.On N's death K and S inherited in equal shares. On K'sdeath her son succeeded and on his death his...

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The River Steam Navigation Co., Ltd Vs. Shyam Sundar Tea Co., Ltd. [1961] INSC 221 (5 May 1961)

Judgement Date : 05 May 1961

Citation : 1961 Latest Caselaw 221 SC

Carriers Act, 1865

Headnote :

The question whether a carrier is a common carrier or not has to be decided on its public profession and such profession may be either by public notice or by conduct. It is immaterial if the carrying is limited to particular goods or particular routes or between specified points. Lane v. Cotton12...

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The State of Madhya Pradesh Vs. Shri Mouia Bux & Ors [1961] INSC 222 (5 May 1961)

Judgement Date : 05 May 1961

Citation : 1961 Latest Caselaw 222 SC

Code of Civil Procedure, 1908 (CPC)
General Clauses Act, 1897
Government of India Act, 1935
Government of Part C States Act, 1951
States Reorganisation Act, 1956

Headnote :

The respondents obtained a lease for plucking tendu leaves from the Government of Vindhya Pradesh. Later, the Government cancelled the lease and sought to recover the balance of the lease money. The respondents filed a suit for damages and for injunction restraining the Government from recovering th...

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