Caselaw | Supreme Court Judgements of october 1961

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State of Saurashtra Vs. Jamadar Mohamad Abdulla & Ors [1961] INSC 293 (3 October 1961)

Judgement Date : 03 Oct 1961

Citation : 1961 Latest Caselaw 293 SC

Constitution of India
Government of India Act, 1935
Indian Independence Act, 1947

The State of Saurashtra Vs. Memon Haji Ismail Haji [1959] INSC 100 (4 August 1959)
Virendra Singh & Ors Vs. The State of Uttar Pradesh [1954] INSC 55 (29 April 1954)

Headnote :

The Nawab of junagadh State made grants of properties in favour of the respondents before 1947. After India attained independence the Nawab fled the country. At the request of the Nawab's Council the Government of India took over the administration of the State and on November 9, 1947 the Region...

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Suvvari Sanyasi Apparao & ANR Vs. Boddepalli Lakshminarayana & ANR [1961] INSC 294 (5 October 1961)

Judgement Date : 05 Oct 1961

Citation : 1961 Latest Caselaw 294 SC

Indian Penal Code, 1860 (IPC)
IPC Section 380. Theft in dwelling house, etc

Headnote :

On a complaint by one L, the Magistrate convicted the two appellants of an offence under s. 380 of the Indian Penal Code for having removed a printing press alleged to have belonged to L to whom it was sold in 1955 by one R once a declared keeper of the said press under s. 4 of the Press Act, 1867....

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The First Additional Income-Tax Officer, Mysore Vs. H.N.S. Iyengar [1961] INSC 295 (5 October 1961)

Judgement Date : 05 Oct 1961

Citation : 1961 Latest Caselaw 295 SC

Headnote :

In 1956 a notice was issued to the respondent under s. 34(1)(a) of the Indian Income-tax Act, calling upon him to make a return on the ground that his income had escaped assessment for the year ending 31st March, 1949 The respondent contended that notice under s. 34 of the Act could not be issued to...

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The State of Bombay (Now Gujarat) Vs. Naraindas Mangilal Agarwal & ANR [1961] INSC 296 (6 October 1961)

Judgement Date : 06 Oct 1961

Citation : 1961 Latest Caselaw 296 SC

Bombay Prohibition Act, 1949

Headnote :

The respondents were charged with offences punishable under ss. 65(a) and 66(1)(b) of the Bombay Prohibition Act, 1949, for violating the provisions of ss. 12 and 13 of the Act. The prosecution case was that the respondents brought in their motor truck into the State of Bombay from the adjoining Sta...

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Dhagamwar Narsingh Vs. S. S. Grewal [1961] INSC 297 (9 October 1961)

Judgement Date : 09 Oct 1961

Citation : 1961 Latest Caselaw 297 SC

Mines Rules, 1955

Headnote :

The appellant was appointed as the Chief Labour officer by the Company in 1947. In December; 1955, the company terminated his services The appellant, claiming to be a Welfare officer, preferred an appeal to the Chief Inspector of Mines under r. 74(2) of the Mines Rules, 1955. ^ Held, that the app...

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Workmen of The Bombay Port Trust Vs. Trustees of Port of Bombay [1961] INSC 298 (10 October 1961)

Judgement Date : 10 Oct 1961

Citation : 1961 Latest Caselaw 298 SC

Minimum Wages Act, 1948
Minimum Wages Act, 1948

Headnote :

The Minimum Wages Act, 1948, and the Minimum Wages Rules, framed there under, laid down the principle that the Government should provide for a day of 1 est. to the workers for every period of 7 days and also to make provisions for making some payment in connection therewith. The dispute between the...

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Jyoti Bhushan Gupta Vs. The Banaras Bank Ltd. [1961] INSC 299 (12 October 1961)

Judgement Date : 12 Oct 1961

Citation : 1961 Latest Caselaw 299 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The Banaras Bank Ltd. was ordered by the Allahabad High Court to be compulsorily wound up. The High Court passed an order under s. 187 of the Indian Companies Act, 1913, directing the appellants, whose names had been placed on the list of contributors, to pay a certain sum of money to the officia...

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Radhakrishna Sivadutta Rai & Ors Vs. Tayeballi Dawoodbeai [1961] INSC 300 (13 October 1961)

Judgement Date : 13 Oct 1961

Citation : 1961 Latest Caselaw 300 SC

Headnote :

The appellant sued the respondent for damages for breach of contract. The respondent pleaded that the appellant had contracted as agent for its disclosed principal and had no right to sue. The bought and sold notes issued by the brokers showed that the appellant had entered into the contract on acco...

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Promod Chandra Deb & Ors Vs. The State of Orissa & Ors [1961] INSC 301 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 301 SC

Constitution of India
Government of India Act, 1935
Gwalior
Indian Independence Act, 1947

The State of Saurashtra Vs. Memon Haji Ismail Haji [1959] INSC 100 (4 August 1959)

Headnote :

The petitioners, who were holders of Khor Posh grants from the Rulers of Talcher, Bamra and Kalahandi before these states merged with the Dominion of India, challenged the constitutional validity of certain orders passed by the State 406 of Orissa and the Union of India annulling those grants which...

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Haji Sk. Subhan Vs. Madhorao [1961] INSC 302 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 302 SC

Code of Civil Procedure, 1908 (CPC)
Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.
Transfer of Property Act, 1882

Headnote :

The respondent purchased at a revenue auction sale eight anna share of and obtained formal possession of that share on September 23, 1938. relinquished his share in Khudkasht lands and they were recorded as the occupancy lands of his wife and sons. In 1940 the appellant got a lease of those fields....

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Harbans Singh & ANR Vs. State of Punjab [1961] INSC 303 (16 October 1961)

Judgement Date : 16 Oct 1961

Citation : 1961 Latest Caselaw 303 SC

CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)
IPC Section 302. Punishment for murder
IPC Section 392. Punishment for robbery

Ajmer Singh Vs. The State of Punjab [1952] INSC 73 (10 December 1952)

Headnote :

The High Court set aside the Trial Court's order of acquittal of the appellants and convicted them on a charge of murder under s. 302 of the Indian Penal Code. On appeal by the appellants by special leave ^ Held, that this Court in its earlier decisions emphasised that interference with an order...

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Ram Shankar Singh & Ors Vs. State of West Bengal [1961] INSC 304 (19 October 1961)

Judgement Date : 19 Oct 1961

Citation : 1961 Latest Caselaw 304 SC

CrPC Section 342. Power to order court
CrPC Section 374. Appeals from convictions
CrPC Section 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend
Indian Penal Code, 1860 (IPC)
IPC Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
IPC Section 34. Acts done by several persons in furtherance of common intention

Ajmer Singh Vs. The State of Punjab [1952] INSC 73 (10 December 1952)

Headnote :

The appellants and two others were tried by the Court of session sitting with a jury for rioting and causing fatal injuries to certain persons. The jury brought a unanimous verdict of guilty against the appellants. The Sessions Judge accepted the verdict and sentenced them subject to confirmation by...

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The Municipal Committee, Raipur Vs. Phoolchand & Ors [1961] INSC 305 (20 October 1961)

Judgement Date : 20 Oct 1961

Citation : 1961 Latest Caselaw 305 SC

Headnote :

The respondents carried on business of extraction of oil from oil seeds. The appellant Municipality charged octroi duty at Rs. 4-11-0 percent ad valorem under item 44 of the schedule of goods attached to the Rules framed by the Municipality. The respondent's case was that they were liable to pay...

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The Additional Income-Tax Officer, Salem Vs. E. Alfred [1961] INSC 306 (20 October 1961)

Judgement Date : 20 Oct 1961

Citation : 1961 Latest Caselaw 306 SC

Headnote :

One died intestate during his year of account Leaving g behind him his son A the respondent and eight daughters. After notice under s. 22 (2) of the Income Tax Act was issued, A was assessed under s. 24 (2) of the Act and notice of demand was issued under s. 29. The respondent appealed to the Appell...

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The Board of Trustees, Ayurvedic Andunani Tibia College, D Vs. The State of Delhi & ANR [1961] INSC 307 (23 October 1961)

Judgement Date : 23 Oct 1961

Citation : 1961 Latest Caselaw 307 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Societies Registration Act, 1860

Headnote :

The Board of Trustees, Ayurvedic and Unani Tibbia College, Delhi was registered under the Societies Registration Act, 1860. It ran the Tibbia College, Delhi and an attached hostel and managed the Hindustani Dawakhana. The Delhi State Legislature passed the Tibbia College Act, 1952, which dissolved t...

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Messrs. Burmah Construction Co. Vs. The State of Orissa & Ors [1961] INSC 308 (26 October 1961)

Judgement Date : 26 Oct 1961

Citation : 1961 Latest Caselaw 308 SC

Headnote :

The appellant who executed works contracts was assessed to sales tax for quarters ending June 30, 1949, to March 31, 1954, and paid the tax. On August 9, 1954, the appellant filed a writ petition before the High court for a declaration that the provisions of the orissa Sales Tax Act, 1947, permittin...

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L. Janakirama Iyer & Ors Vs. P. M. Nilakanta Iyer & Ors [1961] INSC 309 (26 October 1961)

Judgement Date : 26 Oct 1961

Citation : 1961 Latest Caselaw 309 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

These appeals arose out of a representative suit filed on behalf of the creditors of defendants I to 6 who hat executed a trust deed on August 26, 1936, conveying their properties to three trustees with authority to dispose of the one and distribute the ale proceeds ratably amongst the creditors. Th...

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Shankar Balaji Waje Vs. State of Maharashtra [1961] INSC 310 (27 October 1961)

Judgement Date : 27 Oct 1961

Citation : 1961 Latest Caselaw 310 SC

CrPC Section 438. Direction for grant of bail to person apprehending arrest
Factories Act, 1948

Chintaman Rao Vs. The State of Madhya Pradesh [1950] INSC 29 (8 November 1950)

Headnote :

The appellant was the owner of a factory manufacturing bidis and one P along with other labourers used to roll bidis in the factory with tobacco and leaves supplied to him by the factory. The following were established facts:- (1) There was no contract of service between the appellant and P.(2) H...

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The Jiyajeerao Cotton Mills Ltd. Vs. State of Madhya Pradesh [1961] INSC 311 (31 October 1961)

Judgement Date : 31 Oct 1961

Citation : 1961 Latest Caselaw 311 SC

Constitution of India
Government of India Act, 1935
Gwalior

Headnote :

The appellant mill produced electricity over 100 volts exclusively for its own consumption. It challenged the levy of the electricity duty by the Government of Madhya Pradesh (1) (1962) 2 S. C. R. 839. 283 under the C. P. and Berar Electricity Act as 1949, by the Madhya Pradesh Act 7 of 1956, on the...

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Ramsaran Das And Bros. Vs. Commercial Tax Officer, Calcutta & Ors [1961] INSC 312 (31 October 1961)

Judgement Date : 31 Oct 1961

Citation : 1961 Latest Caselaw 312 SC

Constitution of India

Headnote :

In respect of its business as a middleman relating mainly to sales of coal and coke in the course of inter-State trade, the appellant firm was assessed to Central sales tax under s. 8(2) of the Central Sales Tax Act, 1956, by the Commercial Tax officer. The appellant without availing itself of the r...

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