Caselaw | Supreme Court Judgements of september 1961

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Bhagwan Dayal Vs. Mst. Reoti Devi [1961] INSC 262 (4 September 1961)

Judgement Date : 04 Sep 1961

Citation : 1961 Latest Caselaw 262 SC

Code of Civil Procedure, 1908 (CPC)
Gwalior

Headnote :

One L resided in a village with his sons K and J, and they were not well-off. K departed from the family home, initially serving in the military and later in the police. He eventually left his job to start a business using his savings. K invited his nephews R (the respondent\'s husband) and B (the a...

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Union of India Vs. Mohindra Supply Company [1961] INSC 263 (5 September 1961)

Judgement Date : 05 Sep 1961

Citation : 1961 Latest Caselaw 263 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

A conflict between the appellant and the respondent stemming from a fuel supply contract was submitted to arbitration. The arbitrators issued an award mandating the appellant to pay a specified amount to the respondent, which was then filed in the Subordinate Judge\'s court.The appellant sought to h...

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Mst. Gulab Bai Vs. Manphool Bai [1961] INSC 264 (5 September 1961)

Judgement Date : 05 Sep 1961

Citation : 1961 Latest Caselaw 264 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The respondent filed a lawsuit against appellant 2 in the Munsiff\'s court to recover Rs. 700 in unpaid rent and for eviction. This suit was dismissed due to a preliminary objection regarding a defect in parties, as appellant 1, a co-lessor mentioned in the rent note, was not included as a party. Su...

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Tori Singh Vs. The State of Uttar Pradesh [1961] INSC 265 (12 September 1961)

Judgement Date : 12 Sep 1961

Citation : 1961 Latest Caselaw 265 SC

CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
Indian Penal Code, 1860 (IPC)
IPC Section 34. Acts done by several persons in furtherance of common intention

Headnote :

The deceased was on his way to his field when he passed a platform where T and his father B were seated, with T carrying a pistol. As the deceased walked by, B urged T to shoot him, and T complied. Both T and B were tried for murder and found guilty based on eyewitness accounts and the deceased\'s d...

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Raghubar Dayal Jai Prakash Vs. The Union of India & Ors [1961] INSC 266 (12 September 1961)

Judgement Date : 12 Sep 1961

Citation : 1961 Latest Caselaw 266 SC

Constitution of India
Forward Contracts (Regulation) Act, 1952

Headnote :

Traders, including the petitioner, came together to establish an association aimed at regulating forward transactions related to the sale and purchase of gur and other commodities among its members. This association also set the rates for settling contracts on designated delivery dates. The petition...

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Goswami Shree Vallabhalalji Vs. Goswamini Shree Mahalaxmi Bahuji Maharaj [1961] INSC 267 (13 September 1961)

Judgement Date : 13 Sep 1961

Citation : 1961 Latest Caselaw 267 SC

Headnote :

The initial respondent, whose husband was a descendant of the renowned Vaishnava teacher Vallabhacharyaji and held certain Devattar properties as the Shebait, adopted her sister\'s husband as her husband\'s son according to the Goda Dattak Custom of adoption practiced within the Vallabhacharya commu...

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Dr. H. S. Rikhy & Ors Vs. The New Delhi Municipal Committee [1961] INSC 268 (13 September 1961)

Judgement Date : 13 Sep 1961

Citation : 1961 Latest Caselaw 268 SC

Delhi and Ajmer Rent Control Act, 1952
Punjab Municipal Act, 1911
Section 53A. TPA Part performance.

Headnote :

The Municipal Committee, following a resolution it passed, invited tenders and granted possession of certain shops and premises to the respondents, who submitted the highest bids, with monthly payments ranging from Rs. 135-8-0 to Rs. 520. After several years of occupying these premises and paying th...

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Ramratan & Ors Vs. The State of Rajasthan [1961] INSC 269 (13 September 1961)

Judgement Date : 13 Sep 1961

Citation : 1961 Latest Caselaw 269 SC

IPC Section 307. Attempt to murder

Headnote :

The appellants were found guilty of murder based solely on the testimony of a single witness. Another witness for the prosecution testified that the initial witness had informed him right after the incident that the appellants were the murderers. The issue that arose was whether it was necessary for...

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The State Vs. Captain Jagjit Singh [1961] INSC 270 (14 September 1961)

Judgement Date : 14 Sep 1961

Citation : 1961 Latest Caselaw 270 SC

Indian Penal Code, 1860 (IPC)

Headnote :

The individual in question, a former Captain of the Indian Army who worked for a French company\'s delegation in India, was charged alongside two others for conspiracy and for leaking Official Secrets to a foreign agency, under sections 3 and 5 of the Official Secrets Act. While the Sessions judge d...

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Abhiraj Kuer Vs. Debendra Singh [1961] INSC 271 (15 September 1961)

Judgement Date : 15 Sep 1961

Citation : 1961 Latest Caselaw 271 SC

Headnote :

The appellant, as the reversioner, filed a lawsuit seeking a declaration that the adoption of respondent 1 by respondent 2, the widow of her deceased husband, was legally invalid, asserting that respondent 1 did not acquire any rights to the properties left by respondent 2\'s husband.The parties wer...

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Sunkavilli Suranna & Ors Vs. Goli Sathiraju & Ors [1961] INSC 272 (18 September 1961)

Judgement Date : 18 Sep 1961

Citation : 1961 Latest Caselaw 272 SC

Headnote :

The lands in question, located within the permanently settled Zamindari of the former Madras presidency, were owned by T, who cultivated them during his lifetime.T passed away in 1885, leaving behind, among other heirs, three daughters.Following the deaths of the three daughters, with the last one p...

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Mool Chand Sharma Vs. State of Uttar Pradesh [1961] INSC 273 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 273 SC

Headnote :

The appellant served as the President of a Municipal Committee. A written notice, signed by nine Board members, indicating their intention to propose a motion of no confidence against the President, was submitted to the District Magistrate in accordance with section 87-A(2) of the U.P. Municipalitie...

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Abdul Kadir Shamsuddin Bubere Vs. Madhav Prabhakar Oak [1961] INSC 274 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 274 SC

Headnote :

An agreement concerning a forest was made between B, the appellant, and O and A, the respondents. In addition to O and A, another individual also had an interest in the forest. The agreement referenced previous agreements related to the forest. The key provision of the agreement stated: \"In the eve...

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M/S. Bharat Sugar Mills Ltd. Vs. Shri Jai Singh & Ors [1961] INSC 275 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 275 SC

Industrial Disputes Act, 1947

Headnote :

Some workers of the appellant engaged in a \"go slow\" tactic. In response, the appellant conducted a domestic inquiry and subsequently decided to dismiss 21 workers. After a significant delay, the appellant submitted an application under section 33 of the Industrial Disputes Act, 1947, seeking perm...

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Magiti Sasamal Vs. Pandab Bissoi [1961] INSC 276 (20 September 1961)

Judgement Date : 20 Sep 1961

Citation : 1961 Latest Caselaw 276 SC

Code of Civil Procedure, 1908 (CPC)
Orissa Tenancy Act, 1913

Headnote :

The appellant initiated a lawsuit in the Civil Court seeking a permanent injunction to prevent the respondents from entering the disputed lands. He claimed that these lands were his and had been under his cultivation for many years, asserting that the respondents had no rights or title to them and h...

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Badri Narayan Singh Vs. Kamdeo Prasad Singh & ANR [1961] INSC 277 (22 September 1961)

Judgement Date : 22 Sep 1961

Citation : 1961 Latest Caselaw 277 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

Headnote :

The Election Tribunal, upon the petition of the first respondent, annulled the election of the appellant, determining that the appellant, as a Ghatwal, did not hold an office of profit and was found guilty of corrupt practices. However, the Tribunal did not grant the first respondent\'s request to d...

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Immani Appa Rao & Ors Vs. Gollapalli Ramalingamurthi & Ors [1961] INSC 278 (22 September 1961)

Judgement Date : 22 Sep 1961

Citation : 1961 Latest Caselaw 278 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The conveyance in question stemmed from a collusive scheme between respondent 1 and respondent 2 aimed at defrauding the latter\'s creditors. Under this arrangement, respondent 1 was designated as the benamidar for respondent 2 and his sons, the appellants. This fraudulent scheme was successful, res...

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State of Bihar Vs. Lt. Col. K. S. R. Swami [1961] INSC 279 (22 September 1961)

Judgement Date : 22 Sep 1961

Citation : 1961 Latest Caselaw 279 SC

Bihar Private Forest Act, 1947
Forest Rules
Forest Rules
Indian Forest Act, 1927
Indian Forest Act, 1927

Headnote :

The respondent was a tenant of a piece of land that was part of a forest and continued to occupy it even after the Zermindari rights of the landowner were transferred to the State Government under the Bihar Land Reforms Act of 1952. The Government announced its intention to designate the forest as a...

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In The Matter of Mr. 'A' An Advocate Vs. [1961] INSC 280 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 280 SC

Headnote :

Mr. A, an Advocate on Record for this Court, sent letters to solicit clients. One such letter, a post-card, was addressed to the Law Minister of Maharashtra and concluded with the statement, \"You may have an Advocate on Record in this Court, but I would like to offer my services if you wish and agr...

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Sakal Papers (P) Ltd., & Ors Vs. The Union of India [1961] INSC 281 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 281 SC

Constitution of India
Newspaper (Price and Page) Act, 1956

Headnote :

The Newspaper (Price and Page) Act, 1956 authorized the Central Government to oversee newspaper pricing based on their page count and size, as well as to manage the allocation of advertising space. Following this Act, the Central Government issued the Daily Newspapers (Price and Page) Order, 1960, w...

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The Collector of Customs, Madras Vs. Nathella Sampathu Chetty & ANR (and Connected Cases) [1961] INSC 282 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 282 SC

Constitution of India

Manohar Lal Vs. The State [1951] INSC 36 (23 May 1951)

Headnote :

Under the authority granted by section 8(1) of the Foreign Exchange Regulation Act of 1947, the Central Government issued a notification on August 25, 1948, prohibiting the import of gold unless authorized by the Reserve Bank. An amendment in 1952 introduced section 23A of the Act, which stated that...

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Jawaharlal, Burman Vs. Union of India [1961] INSC 283 (25 September 1961)

Judgement Date : 25 Sep 1961

Citation : 1961 Latest Caselaw 283 SC

Headnote :

The appellant and the respondent appointed their arbitrator, who conducted a thorough hearing of the case, reaching a point where an award could have been issued.At that juncture, the appellant decided to impede the proceedings by asserting that there was no finalized contract. The appellant decline...

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The Bombay Union of Journalists & Ors Vs. The, Hindu', Bombay, & ANR [1961] INSC 284 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 284 SC

Industrial Disputes Act, 1947

Headnote :

The first respondent, the newspaper establishment \'Hindu\' in Bombay, terminated the employment of the third appellant, who served as its correspondent, and refused to reinstate him despite his request. The Bombay Union of Journalists, a trade union open to all individuals reliant on journalism for...

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Sivayogeswara Cotton Press,Devangere & Ors Vs. M. Panchaksharappa & ANR [1961] INSC 285 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 285 SC

Headnote :

The lease agreement in question stipulated that for the initial 20 years, the lessee was required to pay a fixed annual rent of Rs. 350 in advance. If the lessee relocated his factory during this period, he would still be obligated to pay the specified rent for the full 20 years while retaining his...

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Munlappan Vs. State of Madras [1961] INSC 286 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 286 SC

Headnote :

It was claimed that the appellant had stabbed the deceased, E. Shortly after the stabbing, E was taken to the Police Station, where the Sub-Inspector promptly began recording his statement. After E managed to say one complete sentence, he was unable to continue speaking, and it was later determined...

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B. K. Wadeyar Vs. M/S. Daulatram Rameshwarlal [1961] INSC 287 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 287 SC

Constitution of India

Headnote :

The respondent\'s company asserted its exemption from Sales Tax under Article 286(i)(b) of the Constitution for sales of cotton and castor oil, arguing that these sales were conducted under F.O.B. contracts, which meant they retained ownership of the goods until they crossed the customs barrier and...

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Burmah Shell Oil Storage ANR Distributing Co., of India Vs. The Commercial Tax Officer & Ors [1961] INSC 288 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 288 SC

Aircraft Act, 1934
Constitution of India
Indian Aircraft Rules, 1920

Headnote :

The appellant companies, engaged in the petroleum business in Calcutta, operated supply depots at Dum Dum Airport, where they sold and delivered aviation fuel to aircraft. These aircraft either flew directly to foreign destinations from the airport or made stops at various locations within India bef...

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L. Hazari Mal Kuthiala Vs. The Income-Tax Officer, Special Circle, Ambala Cantt [1961] INSC 289 (27 September 1961)

Judgement Date : 27 Sep 1961

Citation : 1961 Latest Caselaw 289 SC

K. S. Srinivasan Vs. Union of India [1958] INSC 12 (18 February 1958)
The Income-Tax Officer, Bangalore Vs. K. N. Guruswamy [1958] INSC 49 (28 April 1958)
Pannalal Binjraj Vs. Union of India [1956] INSC 86 (21 December 1956)

Headnote :

The appellant firm, engaged in the business of forest leasing and timber trading in the former Kapurthala State, was assessed for and paid income tax for the accounting year 1945-46 under the applicable Income-tax law of that State. Following this, Kapurthala State merged into what became known as P...

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Mannalal Jain Vs. The State of Assam & Ors [1961] INSC 290 (29 September 1961)

Judgement Date : 29 Sep 1961

Citation : 1961 Latest Caselaw 290 SC

Co-operative Societies Act, 1912
Constitution of India
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

Exercising the powers granted by Section 3 of the Essential Commodities Act, 1955, the Assam Government established the Assam Foodgrains (Licensing and Control) Order, 1961.This Order stipulated that no individual could engage in the wholesale trade of foodgrains, including rice and paddy, without a...

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Mrs. Dossibai N. B. Jeejeebhoy Vs. Khemchand Gorumal & Ors [1961] INSC 291 (29 September 1961)

Judgement Date : 29 Sep 1961

Citation : 1961 Latest Caselaw 291 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Headnote :

The appellant leased an open plot of land for the purpose of constructing buildings suitable for residential, commercial, industrial, or office use. The appellant filed lawsuits in the City Civil Court of Bombay to recover overdue rent for the properties built on this land, all located within the ci...

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Uppalapati Veera Venkatasatyanarayanaraju and, another Vs. Josyula Hanumayamma & ANR J. C. Shah [1961] INSC 292 (29 September 1961)

Judgement Date : 29 Sep 1961

Citation : 1961 Latest Caselaw 292 SC

Headnote :

In the current possession lawsuit, the courts determined that none of the parties held a legal title to the disputed property. In assessing which party had possessory title, the trial court found that following the death of the original owner\'s daughter, the so-called reversioners obtained a Kabuli...

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