Caselaw | Supreme Court Judgements of november 1961

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Ranbir, Singh Sehgal Vs. State of Punjab [1961] INSC 313 (2 November 1961)

Judgement Date : 02 Nov 1961

Citation : 1961 Latest Caselaw 313 SC

Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 73. Solitary confinement
IPC Section 74. Limit of solitary confinement
IPCSection 399. Making preparation to commit dacoity

Headnote :

In May, 1959, the appellant was sent to Ambala Jail as an undertrial prisoner. On account of certain jail offences alleged to have been committed by him the Superintendent of Jail segregated him from other prisoners and kept him in a separate cell. He was convicted in June, 1960. Though he was 296 n...

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Kesar Singh Vs. Balwant Singh [1961] INSC 314 (3 November 1961)

Judgement Date : 06 Nov 1961

Citation : 1961 Latest Caselaw 314 SC

Code of Civil Procedure, 1908 (CPC)
Sikh Gurdwaras Act, 1925

Headnote :

In 1933 there were proceedings before the Sikh Gurdwaras Tribunal under the Sikh Gurdwaras Act, 1925, for determining whether the bunga in suit was the property of the Golden Temple. In these proceedings K and J claimed to be owners of the bunga and claimed that he was the descendant of Maharaja She...

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Devendra Pratap Narain Rai Sharma Vs. State of Uttar Pradesh [1961] INSC 315 (3 November 1961)

Judgement Date : 03 Nov 1961

Citation : 1961 Latest Caselaw 315 SC

Headnote :

The order of dismissal against the appellant was set aside by the High Court, holding inter alia, that reasonable opportunity was set afforded to the appellant before imposing the penalty dismissed and the appellant must be deemed to continue in service. Thereafter the appellant was reinstated, but...

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The Rajah of Vizianagaram Vs. Official Receiver, Vizianagaram [1961] INSC 316 (6 November 1961)

Judgement Date : 06 Nov 1961

Citation : 1961 Latest Caselaw 316 SC

Headnote :

The company was incorporated in England. The company took lease of certain land from the appellant. On the application of the appellant the company was being wound up as an unregistered company. Certain foreign creditors of the company filed proofs of their claim before the official liquidator. The...

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Gian Chand & Ors Vs. The State of Punjab [1961] INSC 317 (13 November 1961)

Judgement Date : 13 Nov 1961

Citation : 1961 Latest Caselaw 317 SC

Indian Penal Code, 1860 (IPC)
IPC Section 414. Assisting in concealment of stolen property

Headnote :

On receipt of information that some smugglers were transporting gold from Amritsar into Jullundur, the police made a raid of the house of the first appellant in Jullundur and in the course of the search certain bars of gold were found on the person of some of the inmates of the house and in the hous...

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Issardas Daulat Ram & Ors Vs. The Union of India & Ors [1961] INSC 318 (13 November 1961)

Judgement Date : 13 Nov 1961

Citation : 1961 Latest Caselaw 318 SC

Constitution of India

Headnote :

On September 14, 1954, the appellant sent a quantity of gold to a refinery in Bombay for the purpose of melting it. On receipt of information that the gold which was being melted was believed to be smuggled, the customs authorities made some enquiries at the refinery and seized the gold. The Collect...

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Bidi, Bidi Leaves' And Tobacco Merchants Association Vs. The State of Bombay [1961] INSC 319 (15 November 1961)

Judgement Date : 15 Nov 1961

Citation : 1961 Latest Caselaw 319 SC

Industrial Disputes Act, 1947
Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

By s. 3 of the Minimum Wages Act, 1948, the appropriate Government is authorised to fix minimum rates of wages for employees in the Scheduled employments and s. 5 lays down the procedure for fixing and revising such minimum wages. The State Government published a notification dated June 11, 1958, fi...

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Mysore Kirloskar Limited Vs. Workers of The Mysore Kirloskar Limited [1961] INSC 320 (15 November 1961)

Judgement Date : 15 Nov 1961

Citation : 1961 Latest Caselaw 320 SC

Headnote :

Held, that in consonance with the decision in the Associated Companies Ltd's case the income-tax deduction must be calculated on the amount which represents the balance after deducting the full statutory depreciation allowed from the gross profit. Held, further that the rate allowed for retur...

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The Calcutta Jute Mfg. Co. Ltd. Vs. Calcutta Jute Mfg. Workers' Union [1961] INSC 321 (16 November 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 321 SC

Headnote :

J, a sardar of the Batching Department of the appellant company, brought to the notice of G, a supervisor of the department, that one R of the Spinning Department was throwing away as unusable some workable roves. G on finding the report correct, with a view to make a complaint against R's work...

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Rikhabdas Vs. Ballabhdas & Ors [1961] INSC 322 (16 November 1961)

Judgement Date : 16 Nov 1961

Citation : 1961 Latest Caselaw 322 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

An arbitration agreement was filed in court under s. 20 of the Arbitration Act, 1940, and an order of reference was made thereon. The arbitrator entered upon the reference and in due course filed his award in court. The award was however, unstamped and on objection raised that no judgment 476 could...

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Manohar Lal Chopra Vs. Rai Bahadur Rao Raja Seth Hiralal [1961] INSC 323 (16 November 1961)

Judgement Date : 16 Nov 1961

Citation : 1961 Latest Caselaw 323 SC

Code of Civil Procedure, 1908 (CPC)
Indian Penal Code, 1860 (IPC)

Headnote :

M filed a suit at Asansol against H for recovery of money. Later, H filed a counter suit at Indore against M for recovery of money. In the Asansol suit one of the defences raised by H was that the Asansol court had no jurisdiction to entertain the suit. H applied to the Asansol court to stay the sui...

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The Kirloskar Oil Engines Ltd., Kirkee, Poona Vs. The Workmen & Ors [1961] INSC 324 (17 November 1961)

Judgement Date : 17 Nov 1961

Citation : 1961 Latest Caselaw 324 SC

Factories Act, 1948
Industrial Disputes Act, 1947

Headnote :

Certain disputes between the appellant and its workmen were referred to the industrial tribunal for adjudication by the State Government under the provisions of the Industrial Disputes Act, 1947. The award made by the tribunal provided, inter alia, (1) that if a workman had to work on a weekly off o...

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M/S. Motipur Zamindary Co. (P) Ltd. Vs. The State of Bihar [1961] INSC 325 (20 November 1961)

Judgement Date : 20 Nov 1961

Citation : 1961 Latest Caselaw 325 SC

Headnote :

Under s. 6 of the Bihar Sales Tax Act, 1947, the Government issued a notification exempting certain goods from the 499 payment of sales tax, including "green vegetables other than potatoes, except when sold in sealed containers". The appellant who was a producer of sugar can was assessed t...

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The Accountant General, Bihar & ANR Vs. N. Bakshi [1961] INSC 326 (21 November 1961)

Judgement Date : 21 Nov 1961

Citation : 1961 Latest Caselaw 326 SC

All India Services Act, 1951
Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

Headnote :

Under the Superior Civil Services (Revision of Pay and Pension) Rules, 1924, framed by the Secretary of State for India-in-Council under the provisions of the Government of India Act, 1919, members of the Indian Civil Service and their wives and children were entitled to passage benefits which 506 w...

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The Commissioner of Income-Tax, Madras Vs. K. T. M. T. M. Abdul Kayoom [1961] INSC 327 (23 November 1961)

Judgement Date : 23 Nov 1961

Citation : 1961 Latest Caselaw 327 SC

Headnote :

The assessee firm carried on the business in purchase and sale of conch shells. It obtained a lease for 3 years for gathering specified types of shells from the sea along the coastline abutting on the South Arcot District. It sought to deduct the amount paid as lease money from its profits from busi...

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K. M. Nanavati Vs. State of Maharashtra [1961] INSC 328 (24 November 1961)

Judgement Date : 24 Nov 1961

Citation : 1961 Latest Caselaw 328 SC

CrPC Section 297. Authorities before whom affidavits may be sworn
CrPC Section 307. Power to direct tender of pardon
CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)
IPC Section 300. Murder
IPC Section 302. Punishment for murder
IPC Section 436. Mischief by fire or explosive substance with intent to destroy house, etc.
IPC Section 80. Accident in doing a lawful act
IPC Section 88. Act not intended to cause death, done by consent in good faith for person’s benefit.

Headnote :

Appellant Nanavati, a Naval Officer, was put up on trial under ss. 302 and 304 Part I of the Indian Penal Code for the alleged murder of his wife's paramour. The prosecution case in substance was that on the day of occurrence his wife Sylvia confessed to him of her illicit intimacy with Ahuja an...

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The Management of Tocklai Experimental Station Vs. The Workmen & ANR [1961] INSC 329 (24 November 1961)

Judgement Date : 24 Nov 1961

Citation : 1961 Latest Caselaw 329 SC

The Graham Trading Co. (India) Ltd. Vs. Its Workmen [1959] INSC 71 (7 may 1959)

Headnote :

The appellant, a research institution established for the purpose of improving the quality of tea, was managed by the India Tea Association. The employees made claims, inter 558 alia, for (1) free housing accommodation or adequate allowance in lieu thereof, and (2) grant of bonus. The tribunal, to w...

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Mohammad Serajuddin Vs. R. C. Mishra [1961] INSC 330 (24 November 1961)

Judgement Date : 24 Nov 1961

Citation : 1961 Latest Caselaw 330 SC

CrPC Section 96. Application to High Court to set aside declaration of forfeiture

Headnote :

The respondent was suspected of having exported dutiable goods in contravention of the Sea Customs Act and of having secreted documents in connection therewith in two premises. An application was made to the Chief Presidency 546 Magistrate under s. 172 of the Act for issuing warrants to search the p...

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P. Srinivasa Naicker Vs. Smt. Engammammal & ANR [1961] INSC 331 (28 November 1961)

Judgement Date : 28 Nov 1961

Citation : 1961 Latest Caselaw 331 SC

Provincial Insolvency Act, 1920
Provincial Insolvency Act, 1920

Headnote :

The official receiver put the properties of the insolvents N and his sons for sale, which were subject to mortgage. The properties were ultimately knocked down to the appellant whose bid was the highest. The first respondent made an application under s. 68 of the Provincial Insolvency Act, 1920 whic...

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Birajmohan Das Gupta Vs. The State of Orissa & Ors [1961] INSC 332 (28 November 1961)

Judgement Date : 28 Nov 1961

Citation : 1961 Latest Caselaw 332 SC

Motor Vehicles Act, 1939

Headnote :

The validity of a scheme of road transport service approved by the Government of Orissa under s. 68D (2) of the 682 Motor Vehicles Act, 1939, was challenged by the petitioners on the grounds (1) that a proper notice was not given for the hearing of objections to the scheme, (2) that the Minister for...

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The Additional Settlement Commissioner Vs. Yeshwant Madhao Mahajan [1961] INSC 333 (29 November 1961)

Judgement Date : 29 Nov 1961

Citation : 1961 Latest Caselaw 333 SC

Headnote :

In 1947 S conveyed by a sale deed to M an undivided half share of Land in his village. On the same day S executed a Kabulayat for 5 years in respect of the same land for cultivation. In 1951 the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1951, came into fo...

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Trimbak Damodhar Raipurkar Vs. Assaram Hiraman Patil & Ors [1961] INSC 334 (29 November 1961)

Judgement Date : 29 Nov 1961

Citation : 1961 Latest Caselaw 334 SC

Section 116. TPA, Effect of holding over.

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

Headnote :

In February 1943 the appellant leased out an agricultural land for 5 years to the respondent. Before the expiry of the lease, the Bombay Tenancy Act, 1939, was made applicable to the area where the land was situated, and under s. 23(1)(b) the period of the lease was statutorily extended to 10 yea...

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