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 incarcerated in Ambala Jail as an undertrial prisoner. Due to alleged jail offenses, the Jail Superintendent isolated him from other inmates and placed him in a separate cell. He was convicted in June 1960. Despite not being accused of any jail offenses or misconduct a...

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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, proceedings were initiated before the Sikh Gurdwaras Tribunal under the Sikh Gurdwaras Act, 1925 to determine whether the bunga in question belonged to the Golden Temple. During these proceedings, K and J asserted their ownership of the bunga, claiming descent from Maharaja Sher Singh, whic...

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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 High Court annulled the dismissal order against the appellant, stating that he was given a reasonable opportunity before the penalty of dismissal was imposed, and thus he should be considered as still in service. Following this, the appellant was reinstated but was only paid a salary of Rs. 76-1...

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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 established in England and leased certain land from the appellant. Following the appellant\'s request, the company was undergoing liquidation as an unregistered entity. Some foreign creditors submitted their claims to the official liquidator, but the appellant contested these claims,...

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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 :

Upon receiving information that smugglers were transporting gold from Amritsar to Jullundur, the police conducted a raid at the residence of the first appellant in Jullundur. During the search, several gold bars were discovered on some of the house\'s occupants and within the premises. The police se...

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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 melting. Upon receiving information that the gold being melted was suspected to be smuggled, customs authorities conducted inquiries at the refinery and seized the gold. The Collector of Customs determined that...

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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 :

According to section 3 of the Minimum Wages Act, 1948, the appropriate Government is empowered to establish minimum wage rates for workers in Scheduled employments, while section 5 outlines the process for setting and revising these minimum wages. On June 11, 1958, the State Government issued a noti...

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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 :

It was determined that, in line with the ruling in the Associated Companies Ltd case, the income tax deduction should be calculated based on the amount remaining after subtracting the full statutory depreciation from the gross profit.Additionally, it was established that the rate for return on worki...

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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 in the Batching Department of the appellant company, informed G, a supervisor in the same department, that R from the Spinning Department was discarding some usable roves as waste. Upon verifying the report, G, intending to file a complaint against R\'s actions, instructed J to retrieve...

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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 submitted to the court in accordance with section 20 of the Arbitration Act, 1940, leading to an order of reference. The arbitrator proceeded with the reference and subsequently filed his award with the court. However, the award was not stamped, and when an objection was...

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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 initiated a lawsuit in Asansol against H for the recovery of funds. Subsequently, H countered by filing a lawsuit in Indore against M for the same purpose. In the Asansol case, H contended that the Asansol court lacked jurisdiction to hear the case. H requested the Asansol court to stay the procee...

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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 :

Some disputes between the appellant and its employees were submitted to the industrial tribunal for resolution by the State Government in accordance with the Industrial Disputes Act, 1947. The tribunal\'s award included, among other things, (1) a stipulation that if a worker was required to work on...

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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 Section 6 of the Bihar Sales Tax Act, 1947, the Government issued a notification that exempted certain goods from sales tax, including \"green vegetables other than potatoes, except when sold in sealed containers.\" The appellant, a producer of sugar cane, was assessed for sales tax. He argued...

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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 :

According to the Superior Civil Services (Revision of Pay and Pension) Rules, 1924, established by the Secretary of State for India-in-Council under the Government of India Act, 1919, members of the Indian Civil Service, along with their spouses and children, were entitled to passage benefits that 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 engaged in the business of buying and selling conch shells and secured a three-year lease to collect specific types of shells from the sea along the coastline of the South Arcot District. The firm aimed to deduct the lease payments from its business profits, arguing that this expen...

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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 :

The appellant, Nanavati, a Naval Officer, faced trial under sections 302 and 304 Part I of the Indian Penal Code for the alleged murder of his wife\'s lover. The prosecution\'s case was that on the day of the incident, his wife Sylvia admitted to him about her affair with Ahuja. In response, the acc...

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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 dedicated to enhancing tea quality, was overseen by the India Tea Association. Employees filed claims for (1) free housing or a suitable allowance in its place, and (2) a bonus. The tribunal, which the Government referred the case to, evaluated the appellant\'s...

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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 individual in question was suspected of exporting goods subject to duty in violation of the Sea Customs Act and of hiding related documents at two locations. A request was submitted to the Chief Presidency Magistrate under section 172 of the Act to issue search warrants for these premises to loc...

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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 sold the properties of the insolvents N and his sons, which were under mortgage. The properties were ultimately sold to the appellant, who made the highest bid. The first respondent filed an application under section 68 of the Provincial Insolvency Act, 1920, which the Subordin...

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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 petitioners contested the legitimacy of a road transport service scheme sanctioned by the Government of Orissa under section 68D (2) of the Motor Vehicles Act, 1939, on several grounds: (1) inadequate notice was provided for the hearing of objections to the scheme, (2) the Minister for Transport...

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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 transferred an undivided half share of land in his village to M through a sale deed. On the same day, S also executed a Kabulayat for a period of 5 years regarding the same land for cultivation purposes. In 1951, the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienat...

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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 agricultural land to the respondent for a duration of five years.Before the lease term ended, the Bombay Tenancy Act of 1939 was applied to the area where the land was located, which under section 23(1)(b) extended the lease period to ten years by law. While th...

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